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HomeMy WebLinkAbout1978-03-14 Minutes192 MINUTES OF A SPECIAL SESSION OF THE BOARD OF DIRECTORS March 14, 1978 The Fayetteville City Board of Directors met in special session on March 14, 1978 at 7:30 p.m., in the City Administration Buiding Board Room. PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell, and Ann Henry. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 192.1 The meeting was called to order by Mayor Ernest Lancaster for the purpose of considering agenda items which would have normally been considered on the regular meeting date of March 7, 1978. Following roll call and a moment of respectful silence, the Mayor called for consideration of the first agenda item. REZONING APPEAL - R78-1 / Randall Barnes & Ray Rastall / Highway 16 West 192.2 The appeal was first considered at the meeting of February 20, 1978. At that meeting, an ordinance to rezone the 30 acres as R-1 was read three times then tabled by the Board to allow submission of proposed overall development plans which might show the effect of development in the creation of a mayor intersection at Carriage Way (if extended). 192.3 Attorney Rick Osborne was present in behalf of the petitioner and presented the Board with copies of the proposed overall development plan showing the entire area. He presented the City Clerk with a letter addressed to the Board from Dr. Robert Clack which assured the Board that he (Clack) was "aware that the plat shows Carriage Way through Northwest Acres and to the north through my property as a 60 foot right-of-way all the way to Mount Comfort Road." Clack's letter further stated that "At this time, I can see no problem with Carriage Way being developed in such a manner. If and when my property is developed, the route shown for Carriage Way appears to be a logical extension of the street to the north." Osborne said that, although Clack was not willing to sell his property at this time, he had stated he would offer Barnes with the first option to purchase. 192.4 Osborne said his client was willing to execute a bill of assurance that nothing other than duplexes would be constructed on property zoned R-2. He noted that the request for C-2 had been amended to C-1. Although Barnes does not own the property proposed for R-1, Osborne said Barnes did have an option to purchase the property. 192.5 Director Malone felt he could favor approval of commercial zoning at Ruple Road since the Board has tried to limit commercial development to major intersec- tions at one -mile intervals. Barnes stated that he intended to develop all 192 3/14/78 193 property currently in his ownership as well as that which he intends to purchase and to develop Carriage Way into a "good" street; however, he said he would not be interested in making commercial development at Ruple Lane. Osborne futher stated that residential development would occur at the Carriage Way intersection but that development at Ruple Lane would be some years away. Osborne noted that land pro- posed for purchase by Barnes and proposed for R-1 is not in the City limits at this time. Director Colwell recalled that the Board had discussed the prematurity of 193.1 the rezoning and could not see that the petitioner was offering anything more than proposals. Osborne responded that his client was trying to show the Board that a major intersection would be created by the extension of Carriage Way and stated that the commercial zoning at the bypass intersection was located one mile from N the proposed intersection. CO Director Malone, seconded by Todd, moved the ordinance, as read at the February 193.2 10 20 meeting, be taken off the table for further consideration. The recorded vote was: V Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Q Nays: None The motion was declared passed. Q During further discussion, Osborne said they were still interested in R-2 in 193.3 addition to the C-1. He said they were willing to submit a bill of assurance that nothing other than duplexes would be developed. Barnes added that he would include in the assurance that no duplex would have less than a value of $60,000 each. Director Hughes suggested the City might hold the commercial zoning in abeyance 193.4 for consideration when other development has occured. He believed the commercial classification would eventually be required but that he did not know how much would be needed. Director Todd expressed concern for the concentration of dwellings in an R-2 classification in relation to provision of city services. He felt the commercial zoning might be more feasible at a later date. Director Malone felt the primary question was one of proper zoning classification rather than issues such as provision of city services, particularly since the Barnes' property had been annexed and the residents could normally expect city services. He said the Board might have to offer some other type of zoning if they wished to maintain a commitment not to strip 16 West with commercial zoning yet provide for the economically feasible development of the property. Malone said he would favor R-2 along the front portion of the highway with commercial at a major intersection with the understanding that, after a development pattern has been established, the Board might consider providing the commercial zoning to serve the area. Malone stated he was not willing to vote for provision of commercial zoning at the inter- section at this time. Osborne indicated that Barnes would be satisfied with an R-2 classification 193.5 if he could return and request rezoning at a later date. In view of the fact that Barnes' offer to execute a bill of assurance was not made to the Planning Commission; that an error had been made when the Planning Commission was advised that no sewer existed to serve the proposed development when in fact sewer had been installed at Barnes' expense; and that the petitioner now requested C-1 rather than C-2; Director Noland moved the Board refer the new proposals back to the Planning Commission. The motion was seconded by Henry. Noland agreed to an amend- ment to the motion by Malone that the Planning Commission be informed that the Board does not believe the commercial zone is proper and that the Board would like the Commission to consider R-1 versus R-2 classification. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. 193 3/14/78 191 ORDINANCE REZONING PROPERTY - R78-4 / Turner Avenue / Roy Faubus, Petitioner 194.1 The petitioner had requested rezoning of a .87 acre parcel located on the east side of Turner Avenue, north of Wedington Drive, from R-1 Low Density Residential to R-2 Medium Density residential. 194.2 The City Attorney informed that the petitioner had executed a bill of assurance that no more than three apartment units would be located in the property so long as adjacent properties remain as currently zoned. The ordinance to rezone the property as requested was read the first time. Director Noland, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The motion was declared passed and the ordinance was read the second time. 194.3 Attorney Hugh Kincaid was present in behalf of the petitioner and informed the Board that Faubus wished to have the additional rental unit in order to render the property economically productive. He stated that a portion of the building had been used as storage for items of the Faubus business which, because of his wife's health, had to be curtailed. Kincaid said that Faubus had consulted his neighbors and had received their approval with the request that no more than three apartments be located in the building. He said the Planning Administrator had indicated that parking provisions seemed to be adequate and would be further enhanced when a trailer is moved. 194.4 Director Hughes, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The motion was declared passed and the ordinance was read the third and final time. Director Malone noted that he was abstaining from discussion and voting since, several years ago, he had been consulted by the petitioner's neighbors while in private practice. 194.5 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The Mayor declared the ordinance passed. ORDINANCE NO. 2424 APPEARS ON PAGE 32 OF ORDINANCE & RESOLUTION BOOK VI GENERAL LAND USE PLAN AMENDED 194.6 The Planning Commission had recommended amendments to the General Land Use Plan for an area bounded by North College, Township Road, Birch Avenue and Ash Street (as if extended east). 194.7 The City Attorney clarified that the change would not affect any present uses or zoning classifications but would provide the Planning Commission with guidelines when considering present and future uses. 194.8 Malone felt the proposed change was inconsistent in that R-1 was proposed as the recommended use north of Elm Street on the west side of Green Acres Road. He 194 1 1 3/14/78 195 recalled that the Board had recently rezoned a portion of that property north of Elm Street as R-0. Todd said it was his belief that R-0 is the logical extension to join with commercial to the north. He said it did not seem logical to wedge a block of residential in an R-0 zone. In regard to a street extension between Elm Street and Township Road to connect Green Acres and Gregg Street, it was noted that the extension was not shown and would not be shown as an extension until necessary. Dr. and Mrs. Denver Hutson were present to express their desire that any future street extension at that loca- tion require street dedications from the SWEPCO utility facility to the north of the possible extension. Director Malone also questioned the area of proposed industrial use which was proposed for R-2 uses under the existing plan in the area of Scull Creek. N The Board was advised that the limits of the proposed industrial area would be (Y) Scull Creek to the West and Sycamore Street to the south. Malone recognized that the City is in an awkward position regarding current uses along the railroad track U which existed prior to adoption of the zoning maps. The City Attorney read an ordinance to amend the land use plan as approved by the Planning Commission. Director Malone, seconded by Todd, moved rules be Q suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None Thee motion was declared passed and the ordinance was read the third and final time. Director Malone, seconded by Todd, moved the ordinance be amended to extend! proposed R-0 uses north of Elm Street to line up with R-0 property immediately to the south of Elm Street. The Mayor asked if the motion should pass. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hguhes, Malone, Lancaster Nays: None The motion was declared passed. The Mayor asked if the ordinance, as amended, should pass. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2425 APPEARS ON PAGE 33 OF ORDINANCE & RESOLUTION BOOK VI ENGINEERING CONTRACT - Multi -Purpose Recreational Facility The Board was to consider approval of an engineering agreement with McClelland Consulting Engineers in conjunction with the design and construction of a multi-purpose recreational facility. The City Manager informed that McClelland had requested the matter be tabled for consideration at the next regular meeting. Director Noland moved the matter be tabled until the next regular meeting. The motion was seconded by Director Hughes and the recorded vote was: Ayes: Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None Absent at roll call: Colwell The motion was declared passed. 195 195.1 195.2 195.3 195.4 195.5 195.6 195.7 3/14/78 196 SIGN APPEAL - 514 and 2768 North College / Kentucky Fried Chicken & Don Carr 196.1 The petitioner, Kentucky Fried Chicken by Don Carr';, requested variance from provisions of the Sign Ordinance which prohibit roof signs except on appeal in cases where the applicant demonstrates practical difficulties in utilizing a wall sign and where the roof sign would be in keeping with the spirit and intent of the ordinance. 196.2 Mr. Carr was present and told the Board that plans were to remove an existing 81 -foot wall sign to be replaced with a smaller, 20 -foot square sign placed on the roof at each location. He noted that the new sign and building design would be in keeping with changes in the national franchise image. 196.3 Director Henry, seconded by Malone, moved to grant the variance. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland,Hughes, Malone, Lancaster Nays: None The motion was declared passed. PERSONNEL POLICY AMENDMENTS 196.4 The City Manager had recommended amendments to the City's personnel policy to restrict outside employment and political activities of City employees. 196.5 The proposed amendments had been tabled at the January 16, 1978 and February 7, 1978 meetings. Grimes informed that the changes before the Board combines his original recommended changes as well as changes which the City Attorney felt would strengthen the new policies legally. 196.6 In regards to restricting policical activity, Director Malone felt the Board should provide the City Manager withstandards with which to exercise discretion when considering approval of an employee's appointment to a paid political position while still in the employment of the City. Director Todd was concerned that the present wording would not allow the City Manager to use discretion in a situation where it might be beneficial to the City to have an employee in some appointive position. 196.7 The Board considered at length possible wording which would provide the City Manager with standards to be used in considering an employee's appointment to such positions. Director Noland, seconded by Hughes, moved the amendments be tabled to allow the City Attorney to redraft the amendments. Director Todd, noting the current political filing period, felt the City should proceed with adoption of the amendments in order to avoid criticism that the amendments were retaliatory in nature. Following further discussion, Director Malone moved adoption of the recommended changes excepting proposed changes regarding political appointments. The City Attorney read an ordinance to adopt the amendments, with deletion of the proposed policy regarding political appointments (to be considered at a later date). Director Malone, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Malone, Lancaster Nays: Hughes The motion was declared passed and the ordinance was read the second time. 196.8 Director Malone, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 1.96 1 1 1 1 1 3/14/78 197 There being no further discussion, the Mayor asked if the ordinance should 197.1 pass. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Malone, Lancaster Nays: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2426 APPEARS ON PAGE 35 OF ORDINANCE & RESOLUTION BOOK VI FIRE LANE TICKETING AT SHOPPING CENTER - Northwest Arkansas Plaza Owners of the Northwest Arkansas Plaza shopping mall had requested the Board consider an ordinance to allow the Police Department to ticket vehicles parked in fire and loading zones. With the request they had submitted a plat depicting the zone which they desired to be subject to the ordinance. The City Attorney advised that the ordinance would not obligate the Police Department to patrol the parking lot on a daily basis but it would allow them to ticket vehicles illegally parked in fire lanes. He said the mall security personnel would provide the police officer with a written request that the Police Department take action and the police officer would have the discretion to either issue a citation to the vehicle owner or arrest the owner. McCord said the ordinance would be applicable to any vehicle which is in violation, whether it be a private vehicle or one belonging to a mall retailer. Director Hughes felt the City would have no choice but to provide the same procedures for all other shopping centers. Director Todd favored adopting an ordinance which would, in general terms, provide the same procedures for other centers. McCord advised that the City has no authority to patrol fire lanes unless the individual shopping center owners presented the required plat depicting the zones and requested the Board adopt a similar ordinance. He doubted that a single ordinance could be drafted in accordance with the law which would provide the same procedure for all the centers. The City Attorney read the ordinance the first time. Director Todd, seconded by Noland moved the ordinance be amended to limit the procedures to fire lanes. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The motion was declared passed. The City Manager stated that the Fire Chief could consult with the mall owners in determining fire lanes and that the ordinance could be adopted subject to submission of the plat at the next meeting. Director Todd, seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The motion was declared passed and the ordinance was read the third and final time. 197 197.2 197.3 197.4 197.5 197.6 3/14/78 19S 198.1 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Lancaster Nays: None Abstain: Malone The Mayor declared the ordinance passed. ORDINANCE NO. 2427 APPEARS ON PAGE 36 OF ORDINANCE & RESOLUTION BOOK VI OTHER BUSINESS PROPERTY TRANSACTION - Urban Renewal Property 198.2 The City Manager called the Board's attention to a letter from Fayetteville Housing Authority Administrator Chad Kumpe which requested the City deposit $7,866 with the Authority for property located on the south side of the square which has not yet been sold under the Urban Renewal Program. Kumpe's letter indicated that, should the property not sell, ownership would revert to the City. City Manager Grimes recommended the funds be provided from the General Fund Reserve. Director Henry moved the City Manager's recommendations be approved and the funds derived from the General Fund Reserve. The motion was seconded by Colwell and the recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. POLICE AND FIREMAN ENTRY LEVEL TESTING 198.3 The City Manager reported that proposals are due to be accepted March 20, 1978 for the development of Police and Fireman entry level testing. He requested a Board committee review the proposals prior to the next regular meeting for recommen- dation to the full Board. Mayor Lancaster requested the Board Police and Fire Committee, composed of himself and Directors Todd and Malone, meet to consider the proposals. OFF-STREET PARKING FACILITY ACQUISITION 1 1 198.4 Director Malone requested that minutes reflect the Board authorized acquisition of the off-street parking lot with funds from General Fund Surplus, with reimbursement being made to General Fund Surplus when bonds have been sold. He moved the funds for that acquisition be taken from General Fund Surplus to be reimbursed when bonds are sold for the project. The recorded vote was: Ayes: Colwell, Henry, Noland, Hughes, Malone, Lancaster Nays: Todd The motion was declared passed. CITY MANAGER VACATION 198.5 Mayor Lancaster stated that, in December, 1976 during Finance Committee budget considerations, the Committee felt theCity did not have sufficient funds to grant the City Manager the salary given other employees. At that time, he said, the Committee approved providing an extra week of vacation in lieu of a salary adjust- ment. He moved the minutes reflect that the City Manager shall henceforth accumu- late three weeks vacation per year, effective in the year 1977. The motion was seconded by Todd. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Malone, Lancaster Nays: Hughes The motion was declared passed. 198 3/14/78 199 ALCOHOLIC BEVERAGE PERMIT APPLICATION The Board authorized the City Manager'to express the Board's objections. to the alcoholic beverage permit application for property located at the southwest corner of the Dickson Street College Avenue intersection. APPROVAL OF MINUTES 199.1 There being no amendments necessary to minutes of the February 20 or 199.2 February 28, 1978 meetings, the Mayor declared them approved as submitted. ADJOURNMENT (Y) There being no further business for the Board's consideration, the Mayor 199.3 declared the meeting adjourned. U Q APPROVED: Q ATTEST: 1 �A.a� v} Dar ene Westbrook, City Clerk 199 Ernest E. Lancaster, Mayor