HomeMy WebLinkAbout1977-10-18 Minutes102
MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
October 18, 1977
The Fayetteville City Board of Directors met
1977, at 7:30 p.m., in the Directors Room of
PRESENT: City Manager Donald Grimes, City
Darlene Westbrook; and Directors
Noland, Al Hughes, David Malone,
and Ann Henry.
ABSENT: None
in regular session on October 18,
the City Administration Building.
Attorney Jim McCord, City Clerk
Ernest Lancaster, John Todd, Paul
Philip Colwell (absent at roll call),
OTHERS PRESENT: Members of the audience and representatives of the news media.
CALL TO ORDER
102.1 Mayor Ernest Lancaster called the meeting to order. Following a moment of
respectful silence and roll call, the Mayor asked for consideration of the first
item of business.
SYCAMORE STREET IMPROVEMENT
102.2 The City Board had been requested to consider approval of the City's share
of construction costs in conjunction with the Sycamore Street Improvement project.
The City had agreed, at the time the district was established, to participate
in additional costs involved to provide a wider street and improved drainage.
102.3 The City Attorney advised against taking any formal action until the District
had a full Board of Improvement. Two previously appointed members were not able
to serve; therefore, appointments to the Board of Improvement were necessary.
The City Attorney advised that David Albert and Jere Block were eligible for member-
ship on the improvement board and read a resolution to effect the appointments.
Director Hughes, seconded by Todd, moved adoption of the resolution. The recorded
vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Henry
Nays: None
Abstain: Colwell
Director Colwell abstained from voting since he arrived during the discussion.
The Mayor declared the resolution passed.
RESOLUTION NO. 90-77 APPEARS ON PAGE 212 OF ORDINANCE & RESOLUTION BOOK V
STREET EXTENSION REQUEST - Smith Avenue
102.4 Mr. Harold McKinney had requested the Board approve the extension of Smith
Avenue northward 50 feet to allow him to develop a portion of a lot (to be divided)
which extends 330 feet to the south from Halsell Street then 280 feet to the east
to Smith Avenue.
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McKinney stated that the street extension would be necessary to provide
the lot with frontage onto an improved street as required by City ordinances, and
in order that he may be able to develop the property as he desires. McKinney
said the development would be unique for the parcel which he plans to split
so that multi -family residences are separated from prime single family lots.
Mr. Ray Guzman, 333 Hornsby, was present in the audience, not to oppose
the street extension request, but to express his intentions to object to any
rezoning proposal to allow multi -family dwellings. McKinney felt the street
extension would be necessary in order to aide the development of prime property
in the area but said he would withdraw a request for rezoning it substantial
opposition was expressed by neighboring property owners.
Director Malone was concerned that waivers of several City requirements
would be necessary in order to grant the request and aide McKinney in his
development plans. He also felt the Board should delay final action on the re-
quest until sufficient right-of-way had been acquired by all property owners in-
volved. Rather than create a dead-end street, Malone felt sufficient dedication
should be acquired to allow construction of a cul de sac. Director Todd said the ex-
tension to serve the small lot would seem rather harmless if it weren't for the
fact that further extensions would be requested if McKinney's request is approved
Todd was concerned that extension to Halsell Road would create a heavily traveled
thoroughfare. Director Lancaster felt that extension plans for Smith Avenue
should involve all property owners and should not be approved until the Board
is assured of dedications. Director Colwell felt a multi -family use would be
compatible and that the Board should encourage development of lots within the
City rather than in the fringe areas.
Upon completion of discussion, Director Henry moved the request be tabled.
The motion was seconded by Director Colwell and the recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed.
PARKING METERS - Downtown Square
The Board had been requested to consider a request of downtown merchants
that parking meters not be replaced on the square. The meters had been removed
to allow installation of water and sewer improvements. At the request of Down-
town Fayetteville Unlimited, the City Manager recommended the item be tabled un-
til the next regular meeting.
Director Malone requested revenue and expenditure information be provided
the Board regarding on and off-street parking meters. He then moved the matter
be tabled until the next regular meeting. The motion was seconded by Director
Henry and the recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed.
MODIFICATION OF LEASE AGREEMENT - Car Rental Agencies
The City Attorney reala resolution to authorize modification
ments with three car rental agencies operating at the Drake Field
Airport Manager Larry Palmer explained thatthe modifications
for an increase in per -enplaned passenger fees to five cents from
cents.
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103.1
103.2
103.3
103.4'.
103.5
103.6
of lease agree- 103.7
terminal building.
would provide 103.8,
the current three
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104.1 Palmer stated that increases in other fees and charges were deferred until
improved facilities could be provided. Upon completion of discussion, Director
Colwell, seconded by Todd, moved adoption of the resolution. The recorded vote
was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The Mayor declared the resolution passed.
RESOLUTION NO. 91-77 APPEARS ON PAGE 213 OF ORDINANCE & RESOLUTION BOOK V
LOT SIZE VARIANCE - Crossover Road / John Beard
104.2 At its October 4, 1977 meeting, the Board had tabled the request of John
Beard for a variance from minimum lot size requirements of Ordinance 2353 to
allow installation of a septic system on his 1.38 acre lot on Crossover Road.
104.3 The City Manager informed the Board that an existing sewer could be ex-
tended at a cost to Beard of $1,803.38 and to the City of $4,220.00. Grimes
stated the oversized line, the difference in cost of a four -inch and six-inch
line being absorbed by the City, would serve 23 acres and would realize good
cost recovery. Beard did not feel he should be required to finance the entire
cost of the extension from which future property owners would benefit without
cost. He said he had understood the Board would require only that he pay costs
equal to septic tank installation expense. He stated he would provide the City
with written assurance that he would use the property for the location of his
private residence and would pay the City $900.00 upon completion of the extension.
104.4 Upon the City Manager's recommendation, Director Malone moved the variance
be granted and the City's portion of the extension cost be authorized from Water
and Sewer Account 5791. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed.
LOT SIZE VARIANCE - Highway 62 West / Roy Lister
104.5 At its October 4, 1977 meeting, the Board left on second reading an ordi-
nance to grant a variance from minimum lot size requirements of Ordinance 2353
to allow installation of a septic system on a .61 acre lot owned by Roy Lister.
Director Colwell expressed his intention to abstain from discussion and voting.
104.6 Administrative Aide David McWethy reported that consultations with the
City Engineer had resulted in a temporary solution which would allow installation
of a private pumping system to pump sewage from the Lister property to the sewer
on Hollywood Avenue. In the meantime, it was agreed that the Listers would
attempt to acquire easements from nearby property owners to allow a more direct
connection with the existing sewer line. McWethy said the cost of the pumping
system is estimated to be from $2,500 to $3,000.
104.7 Mrs. Roy Lister was present and told the Board that the City Engineer had
advised that acquisition of right-of-way on Highway 62 from the State Highway
Department might not be possible. Attorney John Everett was also present to
speak in behalf of the Listers Everett informed the Board that easements had
been secured from adjacent property owners to allow connection to the Hollywood
Street sewer but that the easement agreements did not assure against legal action
which might result from malfunction of the line. Everett stated that the estimate
quoted by McWethy was for the direct route but that the line to parallel Highway
62 to Hollywood Avenue would cost approximately $4,000 to $5,000. Everett requested
the pharmacy be allowed to proceed with a septic system until further developments
in the area create greater feasibility for connection to the public sewer.
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The Board repeatedly expressed concern that a Variance granted to the Lister
property would invite similar variance requests from owners of other small lots
in the area. The Board also discussed the fact that the variance would be appli-
cable to future uses of the property which could not be efficientlyserved by a
septic system. Director Hughes noted that the proposed pharmacy would have a
low water consumption. He questioned why the City was not offering to extend
the sewer as it had in the previous request. The City Manager replied that the
Crossover Road extension would eventually serve many more customers.
Director Malone moved the ordinance be amended to provide approval of the
variance conditional upon execution by the property owners of a bill of assurance
that the property would be used only for the location of a pharmacy. The motion
was seconded by Director Hughes and the recorded vote was:
(U Ayes: Hughes, Malone
(Y) Nays: Todd, Noland, Lancaster, Henry
IS) Absent: Colwell
Q The motion was declared failed.
QDuring further discussion, the City Attorney advised he felt the City would
be in a questionable legal position if the City refused the building permit for
the pharmacy. Director Noland recalled that, at the time the ordinance was
drafted, the Board had agreed that variances would be more favorably considered
if no alternatives existed. Although alternatives in this case are expensive,
Noland felt they would not be too expensive for protection of public welfare.
The City Attorney read the ordinance the final time. Mayor Lancaster asked
if the ordinance should pass. The recorded vote was:
Ayes: Hughes, Malone
Nays: Todd, Noland, Lancaster, Henry
Absent: Colwell
The Mayor declared the ordinance failed.
SIGN APPEAL - North Street Church of Christ
Representatives of the North Street Church of Christ had requested an appeal
from provisions of the sign ordinance to allow their church bulletin to be erected
closer to street right-of-way.
Deacon Max Steward was present to represent the request and informed the
Board that the church had dedicated right-of-way for the relocation and improve-
ment of North Street. As a result, relocation of their sign would be in viola-
tion of setback provisions of the Sign Ordinance unless the Board would grant a
variance. Steward also noted that the sign would have to be redesigned to en-
hance its visibility but that it would be at the same setback as gas pumps to
the east of the church property.
Sign Enforcement Officer John Dietzen told the Board that the sign would
have met ordinance requirements had the street not been relocated. Director
Hughes, seconded by Colwell, moved the variance be granted. Director Todd
noted that a City Attorney memo had advised the Board that variances to the Sign
Ordinance could be granted if strict enforcement of the ordinance would cause
practical difficulties due to circumstances unique to the individual sign. Todd
felt the particular situation unique in that it was created by the dedication of
right-of-way for improvement of a public street.
The Mayor asked if the motion to grant the variance should pass. The re-
corded vote was:
Ayes: Todd, Noland, Hughes, Lancaster, Colwell, Henry
Nays: Malone
The motion was declared passed.
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SIGN APPEAL - J. C. Penney / Northwest Arkansas Plaza
106.1 General Growth Development Corporation, in behalf of J. C. Penney, had re-
quested variance from the Sign Ordinance to allow erection of seven wall signs
on the J. C. Penney store to be constructed at the Northwest Arkansas Plaza.
106.2 Mr. Larry Gaines, representing General Growth, gave a brief statement in
support of the request then introduced Mr. Neil Pask, project architect, who dis-
cussed the request in detail. Pask spoke at length to the Board regarding the
building design and visibility requirements. He said the building would have
to be properly identified to cater to two groups-- those traveling on the major
highway, and those traveling on the mall property. He said the signs would remain
below maximum square footage limitations. He did agree that one sign should
be relocated. He assured the Board that the signs would be attractively designed
and lighted and would be sturdily constructed. Pask felt the building identifi-
cation was also made more difficult due to the fact it would be located behind
the existing mall structure.
106.3 Following discussion, Director Todd, seconded by Colwell, moved the variance
be granted. The recorded vote was:
Ayes: Todd, Noland, Hughes, Lancaster, Colwell, Henry
Nays: None
Abstain: Malone
Malone abstained because he had, at one time, served as legal counsel for one of
the parties involved. The Mayor declared the motion passed.
ORDINANCE REZONING PROPERTY - 77-34 / Highway 62 West / Mayes & Oldham, petitioners
106.4 Petitioners Ivan M. Mayes and Glen Oldham had requested rezoning tracts
of 1.5 acres and 4.6 acres, located on the north side of Highway 62 West between
Oak Road and East Farmer Drive, from A-1 Agricultural to C-2 Thoroughfare
Commercial. The City Attorney read the ordinance the first time to rezone the
property as recommended by the Planning Commission.
106.5 Director Colwell, seconded by Henry, moved rules be suspended and the ordi-
nance placed on second reading. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed and the ordinance was read the second time.
106.6 Director Henry, seconded by Colwell, moved rules be further suspended and
the ordinance placed on third and final reading. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed and the ordinance was read the third and final time.
106.7 There being no discussion or comments, the Mayor asked if the ordinance should
pass. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The Mayor declared the ordinance passed.
ORDINANCE 2386 APPEARS ON PAGE 323 OF ORDINANCE & RESOLUTION BOOK, V
COMMUNITY DEVELOPMENT PROGRAM AMENDMENT
106.8 The City Attorney read a resolution to amend the 1977 Community Development
Program as recommended by the Community Development Committee. The amendments
would provide for a $35,000 allocation for acquisitions; $37,500 for the Youth
Center; $2,500, Adult Center; $19,700, Storer Street; and $9,300, Whitlock Street.
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CD Administrator Charles Hoffman requested the Board waive street construc- 107.1
III tion standards for the Whillock Street project. He noted that the Whillock
allocation was a portion of the cost with labor and equipment to be provided by
the Street Department. Director Todd opposed waiving standards for the dead-end
street which would involve expenditure of public works funds`. He felt the waiver would
represent a major policy change. Members of the People's Church, Whillock Avenue,
were present to stronglysupport the Whillock Avenue project.
So that public works funds won't be involved in a less-than=standard street 107.2
project, Director Ao•land moved the program be amended'as recommended with
the provision that labor and equipment costs for the Whillock project be provided
from the Storer project. The motion was seconded by Colwell, and the recorded
vote was:
(V Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
(Y) Nays:- None
ID The motion was declared passed.
U RESOLUTION NO. 92-77 APPEARS ON PAGE 214 OF ORDINANCE & RESOLUTION BOOK V
Q OTHER BUSINESS
Q BOND ORDINANCE - Parks & Recreation and Library Expansion
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The Board Finance Committee had recommended a$1,000,000bond issue to provide
for a $200,000 library expansion and an$800,000 improvements program for
parks and recreation. The Committee anticipated that a bond election could be
held on November 29. The City Attorney advised that he saw no reason why the
City could not proceed with the bond issue even though the tax will not be levied
until 1978 if approved by the people.
Mr. Skip Holland, Parks and Recreation Advisory Board member, was present
to ask that the Board request a total bond package of $800,000 to allow a total
parks funding of $600,000. Holland and other members of the Advisory Board
present, requested the extra funds to help finance expansion of the existing Youth
Center to provide a multi-purpose recreational facility at an estimated cost
of $450,000. An expansion, rather than construction at a new location, was
recommended to avoid duplication of administration and segregation of users.
Director Todd supported a northeast location for the new facility to provide
a convenient location for users who might nototherwise take advantage of the
facilities. Some Directors were concerned that the additional request (and
longer bonding period) would endanger passage of the bond package. Director
Noland felt the bond package would be strengthened through generation of support
for the parks and recreation activities. Director Malone noted that the issue
would not provide a street improvement program, relocation of city offices,
or long-term parks and recreation needs. He was also concerned that the addi-
tional amount would jeopardize a broader based tax which might be requested in
the future. Director Noland felt the tax which has gone into the parks program
in the past has been small and that the tax would be a contribution of the tax-
payers to further and improve existing facilities.
Director Noland moved the Board authorize an election to approve a bond
issue in the amount of $800,000 to provide $200,000 for library expansion and
$600,000 for parks and recreation improvements with the understanding that
$450,000 would be allocated for a multi-prupose recreational facility. Also,
that a levy of two mills be requested for a period necessary to amortize the
$800,000 bond issue. The recorded vote was:
Ayes:: Noland, Lancaster, Colwell, Henry
.Nays: Todd, Hughes, Malone
The motion was declared passed.
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108.1 In order that the bond ordinance might be redrafted to reflect the increased
bond package, the Board concurred that an adjourned meeting would be held on
October 20, 1977, at 5:00 p.m.
CONDEMNATION AUTHORIZED
108.2 The City Manager requested authorization for initiation of condemnation
proceedings against property owned by Carlos Hill in conjunction with development
of the Continuing Education Center. He noted that the property had an appraised
value of $47,000. Director Malone, seconded by Hughes, moved the authorization
be granted. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed.
AIRPORT TERMINAL EXPANSION
108.3 The City Manager requested the Board indicate when it would like to meet
jointly with himself and the airport terminal expansion architect to discuss
preliminary plans for the expansion. The Board concurred that a special session
would be held on Thursday, October 27, 1977, at 11:45 a.m.
ANNEXATION ORDINANCE 2383 AMENDED
108.4 The City Attorney read an ordinance to correct an erroneous legal description
appearing in annexation ordinance 2383. Director Noland, seconded by Todd, moved
rules be suspended and the ordinance placed on second reading. The recorded vote
was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed and the ordinance was read the second time.
108.5 Director Todd, seconded by Colwell, moved rules be further suspended and the
ordinance placed on third and final reading. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The motion was declared passed and the ordinance was read the third and final time.
108.6 The Mayor asked if the ordinance should pass. The recorded vote was:
Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
The Mayor declared the ordinance passed.
ORDINANCE NO. 2387 APPEARS ON PAGE 324 OF ORDINANCE & RESOLUTION BOOK V
APPROVAL OF MINUTES
108.7 The Mayor asked if there be any additions or corrections to the minutes of
the October 4 meeting. Director Todd requested paragraph 93.6 be amended to
reflect that petitioners would exeucte a bill of assurance to provide that they
"...would provide vehicular access to the development exclusively from Green Acres
Road." Also, that paragraph 94.7 be amended to reflect that the City could not
refuse to approve a building permit if the proposed pharmacy would be on a septic
system approved by the State Health Department and it could not be shown that
City requirements would afford greater protection to the public health and safety.
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ADJOURNMENT
There being no further business, the Mayor adjourned the meeting until
5:00 p.m., October 20, 1977.
ATTEST
Ott/>[u CJS �-K
Darlene West rook, City Clerk
APPROVED
Ernest E. Lancaster, Mayor
CO
UMINUTES OF AN ADJOURNED SESSION OF THE BOARD OF DIRECTORS
109.1
Q
Q The Board of Directors met in adjourned session on October 20, 1977, at 5:00 109.2
p.m., in the Directors Room of the City Administration Building.
PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene
Westbrook; and Directors Ernest E Lancaster, Paul Noland, Al Hughes,
David Malone, Philip Colwell, and Ann Henry.
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ABSENT: Director John Todd
CALL TO ORDER
Mayor Lancaster reconvened the adjourned meeting of October 18, 1977, for 109.3
the purpose of finalizing an ordinance to authorize issuance of bonds.
ORDINANCE AUTHORIZING ISSUANCE OF BONDS AND CALLING SPECIAL ELECTION
The City Attorney read an ordinance the first time to authorize issuance 109.4
of $800,000 of bonds for library expansion and parks and recreation improvements.
The ordinance also provided for a special election to be held November 29, 1977.
Director Noland, seconded by Malone, moved rules be suspended and the ordi-
nance placed on second reading. The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
Absent: Todd
The motion was declared passed and the ordinance was read the second time.
Director Malone, seconded by Noland, moved further suspension of the rules 1O9.5i
to allow third and final reading of the ordinance. The recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry
Nays: None
Absent: Todd
The motion was declared passed and the ordinance was read the third and final time.
There being no discussion, the Mayor asked if the ordinance should pass. The 109.6
recorded vote was:
Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry
Naysi: None
Absent: Todd
The Mayor declared the ordinance passed.
ORDINANCE NO. 2388 APPEARS ON PAGE 326 OF ORDINANCE & RESOLUTION BOOK V
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