Loading...
HomeMy WebLinkAbout1978-11-07 Minutes376 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of tiie Fayetteville Board of Directors was held on Tuesday, November 7, III 1978, at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor Ernest Lancaster, Directors John Todd, Al Hughes, Ann Henry, Philip Colwell, David Malone (arrived 7:55 P.M.), City Manager Don Grimes, City Attorney Jim McCord, Administrative Assistant David McWethy, and City Clerk Angie Medlock. ABSENT: Director Paul Noland. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 376.1 After roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. HOME OCCUPATIONS 376.2 First for consideration was an appeal of a decision of the Planning Commission regarding an ordinance allowing home occupations on appeal to the Planning Commission as a conditional use in the R-1, Low Density Residential District, and as a use by right in the A-1, Agricultural District. 376.3 Linda Apperson, one of the persons filing the appeal, said she feels home occupations in the R-1 District would allow persons a means of having some income while remaining in their homes. She clarified that she did not say, as reflected in the Planning Commission minutes, that those persons could use a home occupation to supplement their income. She noted the restrictions for home occupations and said she felt there are some occupations which could meet these restrictions. Apperson said she realizes the City has had some problems with home occupations but said she does not feel persons who try to get approval from the City should be penalized for what other persons are doing without approval of the City. She pointed out that if home occupations are allowed as a conditional use, the City can control them. 376.4 Dawn Dunnuck said she opposes any kind of business in the R-1 District. She said she feels it penalizes the entire neighborhood for the benefit of one house- hold. She noted that Apperson's appeal is for a beauty shop and the proposed location for the shop is on septic tank and she feels the beauty shop should not be allowed until the residence is on sewer or there is enough land to accommodate the sewage from the shop. Dunnuck noted that home occupations are becoming a national problem in that persons having home occupations often do not report this income, or pay taxes on it. Ms. Dunnuck said she does not feel home occupations should be allowed in R-1. 376.5 City Attorney Jim McCord explained that home occupations are allowed by right in the R-2, R-3, and C-3 Districts, and as a conditional use in the R -O District, and the proposed ordinance would allow home occupations as a conditional use in the R-1 District and as a use by right in the A-1 District. McCord pointed out that the ordinance allows real estate offices and day care centers in R-1, with Planning Commission approval. 376.6 Director Todd said there is some question if allowing real estate sales offices in the R-1 District was really the intent of the ordinance when it was drawn up. McCord noted that the ordinance as written doesn't provide any regulations as to conditions when the Planning Commission could allow a real estate office. He said he has been told by the Planning Administrator that some persons felt the real estate sales office was included in the ordinance to provide for a developer to have a sales office in a subdivision under construction. 11/7/78 377 Director Hughes said he felt the real estate office provision was included 377.1 in the ordinance for hardship cases. III Peg Anderson said the Planning Commission has not had more than 2 or 3 377.2 requests for real estate offices -in R-1 since' she has been on the Commission. Shelsaid that the real estate offices granted have been temporary and have a time limit. Anderson said she feels the Planning Commission would like to have a clarification on the intent of permitting real estate offices in R-1. Director Todd said his initial reaction was negative towards the proposal. 377.3 Todd said he feels there is an important distinction: between the R-1 and R-2 and the R-3 District. He said he wouldn't have as strong of objections to home occupa- tions in R-1 if there were no advertising signs, and the additional traffic flow could be limited to normal residential traffic. Ann Henry questioned what would be N considered residential traffic. Peg Anderson noted that the City Board may add additional restrictions to the 377.4 CO proposed ordinance. She noted that now, the City is not enforcing an ordinance LC) which does exist, since according to tax records many people are reporting in - (0 come from a home occupation which they do not have approval for. CX Mayor Lancaster noted that zoning is for a certain purpose and he feels 377.5 Q residents should have a zone where they could build a $50,000 home and the zone could not be changed to allow a business across the street from their home. He also said if he was living in an R-1 area and had to supplement his income, he could see that point too. Linda Apperson said she understands what the Board is saying, but said she 377.6 lives in Rolling Hills and people have built duplexes down the street from her home and she felt there was nothing she could to to prevent it. She stated that allowing duplexes in R-1 isn't any more fair than it would be for someone to have IIIa home occupation. Director Hughes noted that the Planning Commission requires all property 377.8 owners be notified by certified letter when duplexes are being requested in R-1, but allows home occupations in R-2 and R-3, without consulting the neighbors. Director Colwell noted that there are some R-1 areas where home occupations 377.9 would be more suitable than others. He noted that there would be more complica- tions in the newer subdivisions where lots are smaller. He said if there are no objections from the neighbors, and the conditional use is to be reviewed each year, the neighbors would have a chance to voice objections if the use became a problem. City Attorney McCord read the ordinance which would allow home occupations 377.10 as a conditional use in the R-1 District and as a use by right in the A-1 District. Linda Apperson noted that the beauty shop they are proposing would be on 377.11 Mt. Comfort Road about 1/4 mile from the city limits, and only the person living in the house would be working in the shop. She noted that the property across the street is zoned A-1. Apperson said the most customer cars which could be there at one time would be two. She stated they have been looking for a building to rent since June but can't find one for less than $400 per month. Director Todd noted that you would do far more damage to the property values 377.12 of the neighborhood than help for the individual having the home occupation. He said you have to look at what you are doing to people who have invested in a home. Director Colwell noted that on a conditional use the neighbors would be 377.13 notified and could be present at the meeting to voice their objections. Todd pointed out that the Planning Commission would have to make a judgement decision on allowing the home occupation when there is neighborhood objection. 11/7/78 37S 378.1 Director Hughes seconded by Colwell, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The mayor declared the motion passed and the City Attorney read the ordinance for the second time. 378.2 Director Henry moved that Section B of the home occupation ordinance be amended to reflect that no advertising shall be permitted in home occupations in the R-1 District. Director Malone agreed with Henry, but said he felt the Board should leave the ordinance on second reading and try to revise it to establish separate rules for home occupations in the R-1 District and the R-2 and R-3 Districts. 378.3 Director Henry questioned if the one year time limit would be too long, if the neighbors found the home occupation objectionable. Mayor Lancaster suggested the Board refer the ordinance back to the Planning Commission for a revision. Director Hughes suggested the City Attorney draft a revised ordinance and bring it back to the City Board for consideration. David McWethy noted that two years ago when this was considered by the Planning Commission there were quite a large number of additional requirements drawn up which could be applied to this ordinance and said he would get each board member a copy of those. 378.4 David Malone suggested the City Attorney draft a revised ordinance stating that the traffic generated by the home occupation would not create a problem and that home occupations would be a conditional use in the R-1 District and would have a time limit. Malone said he would prefer the time limit be 6 months. 378.5 Director Todd seconded Henry's motion to amend the ordinance to reflect that no advertising shall be permitted in home occupations in R-1. The recorded vote II/ was: Ayes: Lancaster, Colwell, Henry, Todd, Malone. Nays: Hughes. Absent: Noland. The Mayor declared the motion passed. 378.6 Director Todd asked that the Board consider clarifying the provision allowing real estate sales offices in R-1. McCord recommended that the Board amend the ordinance to clarify this. 378.7 Peg Anderson noted that on the three years she has been on the Planning Commission hardship has never been a factor in considering a request. 378.8 Director Todd suggested they amend p. 833, Unit 2 to reflect that real estate sales offices will be allowed "in subdivisions being developed". 378.9 Director Hughes noted that the license law for real estate offices requires the office have a sign and if the City Board restricted home occupations in R-1 from having signs, they would be getting involved with the license law. Director Todd said he feels they are talking about real estate sales offices only in the initial construction stages of a development. The ordinance was left on second reading. COURT HOUSE TRAFFIC PLAN 378.10 The City Attorney read for the third time the proposed ordinance initiating a traffic plan around the Court House, having been considered previously at the October 17 meeting. 378.11 Director Todd said he feels the new quorum court should look at the plan. He noted that the City Board members have correspondence from Traffic Superintendent Perry Franklin indicating he had some misgivings about the proposed plan. 378.12 Director Todd moved approval of the traffic plan be tabled until after the first of the year. 1 '.%+air . 1 .. 11/7/78 379 Director Malone noted that this property is in the Community Development 379.1 District eligible for funding. He pointed out that.the possibility exists that IIIsome Community Development funds could be expended Tor improvements to alleviate the problems and possible improvements to someof the streets. Mayor Lancaster noted that Community Development funding would be granted on the basis of what the improvements would do for the community and the area. Director Malone agreed with Mayor Lancaster and suggested some members of 379.2 the City Board meet with members of the quorum court to try to work out a solution to the problems. Director Hughes noted that at the previous meeting he had recommended the 379.3 streets be brought up to City standards. Peter Harkins asked that, assuming they did bring the streets up to current city standards, would the traffic plan proposed be acceptable. Director Hughes said he felt the streets should also be widened. Justice of the Peace Harkins stated that they are relieving a hazardous 379.4 (Y) situation by making some streets one-way. He said what they are doing is not 11) creating any new hazards, but erasing some which are there now. Harkins said O they are bringing order to a traffic pattern around the courthouse. He said if Q they followed the suggestion of the Board that they first rent the lot to see if people would use it, they would be creating another traffic hazard by attracting Q people to the "Bassett" lot, because there is a blind corner there. Peg Anderson noted that this is the first time the County has attempted to 379.5 find a solution to the problem. She said she has no objection to having several members from theCounty Quorum Court and City Board get together to try torwoiork something out to: solve the problem. Malone stated they want to work toward a complete solution of the problem and 379.6 said he is not sure this is a complete solution. Director Colwell questioned if anyone on the Quorum Court has discussed with 379.7 county officials the problem of county employees using the better parking lots and Peg Anderson said there has been no ability to get together on these things. Director Colwell noted that the City Board had been told there is an arrangement where the judge throws away the parking tickets received by county employees in the county metered lots. Peter Harkins noted the employees prevail upon the judge to -relieve 379.8 them from the -tickets they • receive because they are usually on county business. He said the reason people do not use the lower lot now is because there has been vandalism to cars parking in that lot. Director Malone said the total solution to the traffic problem may include 379.9 extending the county road to the north makingaccess to line up with Meadow, and providing a signal at the Meadow and College Avenue intersection. Justice of the Peace Peggy Frizzell noted that the quorum court has been 379.10 working on a master building plan and are only looking at this parking and traffic plan as something to temporarily alleviate the problem. She said they expect to have a master building plan by spring. She said they are asking the City to look at whether or not the one-way traffic flow might relieve some congestion. She said Perry Franklin's comment thatthe East Mountain and North College intersection would be increased with traffic is true, but pointed out it would reduce traffic at Center Street and North College. Regarding Perry Franklin's comment that the "Bassett" lot will not hold 70-80 cars, but only 40, Peggy Frizzell said she did not see that this is any concern of the City. Frizzell said, regarding Franklin's comment that people will turn left rather than turn right and go all the way around the square, that she felt it would be far easier to enforce the right turn only than to try to enforce employees parking only in certain lots. Frizzell said she III did not see any purpose in tabling approval of the plan until the new quorum court —takes office. Director Todd said he would hcpe the new quorum court would take a stiffer stand with the county officials. 11/7/78 380 380.1 Peg Anderson noted that the law is very different for the county and city. She said the quorum court, by law, is not allowed to tell the elected officials what to do. Director Todd said his only point is that both the City and County's common responsibility is to the public. 380.2 Peg Anderson noted that some county officials pay monthly to park at the Downtowner Motor Lodge. Harkins said the major parking by county employees is in the county parking lot and if it is filled, the employees would use the metered spaces. 380.3 Director Colwell asked when the "Bassett" lot would be completed and Peg Anderson said that would depend on if they get it approved by the City Board. 380.4 Director Henry stated that she feels it is a good plan and they should at least try it temporarily. 380.5 Director Malone said the City should get together with the County to work out the problem. Also, he pointed out the proposed plan is probably better than what is there now. Malone said, however, he didn't see this as an overall solution and he feels within the next year they should try to do something about the parking and traffic. 380.6 Director Todd withdrew his motion to table. 380.7 Director Henry moved to approve the proposed parking and traffic flow pattern for one year. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Henry, Malone. Nays: Lancaster, Colwell, Todd, Hughes. Absent: Noland. The Mayor declared the ordinance failed to pass. PUBLIC FACILITIES BOARD 380.8 City Attorney Jim McCord presented Jim Buttry and Bill Patton from Friday, Eldridge, and Clark law firm in Little Rock, and Mr. Boyd London from First Southwest in Dallas. McCord said the Friday firm had drafted a proposed ordinance for Fayetteville establishing a public facilities board. He said the ordinance basically follows requirements of legislation with certain modifica- tions. McCord said the City Board had expressed a desire to keep as much bond money as possible in Fayetteville and at this time, not knowing who the trustee would be, Section 4B provides "the trustee and the custodian shall be institutions located within the City, if such institutions are qualified and such appointments do not otherwise adversely affect the rating of the bonds (if submitted for rating)". He noted that Section 6 provides that "the facilities board shall offer bond proceeds not otherwise required to be deposited with the custodian to financial institutions which have their principal place of business located within the City and which are qualified for such investments". McCord said bond counsel is confident that this will insure as many bond proceeds as possible will remain in the City. 380.9 City Attorney McCord noted that the Board indicated a desire to control the amount which would be used in the corporate limits of the city and Sec. 5 of the proposed ordinance allows the City Board to establish the percentage of bond proceeds available to finance housing within the corporate limits and the percentage available for financing housing in the growth area. Jim McCord said bond counsel is of the opinion loans could be made for existing homes. 380.10 McCord said Section 3 provides that "the duration of the board shall be for the life of any such bonds issued hereunder as provided in Section 7" McCord said he had introduced an ordinance which would amend the existing legislation and change the method of filling vacancies to provide that the governing body of the City would fill vacancies. 380.11 Director Malone noted that Springdale and Rogers have left the items in Section 4A to the public facilities board. Bill Patton said the Fayetteville ordinance is the only ordinance they have drafted with the provision that the 1 1 1 .:, 11/7/78 City Board will approve these items. He said they included that in the 3 83$1.1 ordinance because they felt the City Board wanted that type of control. Director Hughes noted that if you leave the board members on the board 381.2 III I for the life of the bond issue, those persons could be on the board for 20- 30 years. Patton explained that these terms would exist for the life of the bonds, even though the members would have no authority for a second issue of bonds. He said when a second issue of bonds was available, the City Board could appoint another public facilities board if they wished or could reappoint the existing board. Director Malone asked if the ordinance was worded to say 80% of the loans 381.3 would be available for housing inside the city and 20% for existing housing out- side the city limits, if Springdale's money allotted for outside their city limits could be used in the corporate limits of Fayetteville or would they have to parti- cipate in the Fayetteville loan package. Bill Patton said the money allowed for N outside the citylimits would be confined to the territorial limits as adopted in CO the Springdale ordinance. I) Director Malone asked if Springdale could increase their bond issue and 381.4 0 their savings and loan companies make loans in Fayetteville if Fayetteville Q didn't adopt the proposed ordinance, and 'Mr. Patton felt they could if they had approval from the City of Fayetteville, or if the public facilities board had Q been set up by the quorum court. Director Malone asked if Fayetteville adopts the ordinance and specifies 381.5 that 100% of the bond money must be spent in the Fayetteville corporate limits, could Springdale increase their issue to include areas outside Springdale, near Fayetteville. Mr. Patton felt they could increase their designated area to include areas which Fayetteville did not include in their ordinance. Jim McCord asked if there is any way, legally, the City of Fayetteville can prevent Springdale from using bond proceeds for new construction loans in Fayetteville's planning area. Bill .Patton said he did not have an opinion on this. Director Malone said Springdale loaning institutions presently make loans in 381.6 the Fayetteville city limits. He said he is troubled that other lenders won't participate in the Fayetteville program but will increase the amount in Springdale and make loans in Fayetteville under that program. John Coister, Commercial National Bank in Little Rock, said they have Benton, 381.7 North Little Rock, and Jacksonville considering public facilities boards. He said fhe more "red tape" the cities added to the bond issue, the more difficult it would be for everyone. He urged the board to go to the planning area with loans. He said this gives more diversity and would probably get a better rating. Director Malone questioned the power of other facilities boards to raise the 381.8 amount of their bond issue in anticipation of making loans in the Fayetteville area. Mayor Lancaster pointed out that when the board is created, you designate the area in which you will make loans. Malone noted that Springdale's ordinance says they can lend in the lender's "participating trade areas", and questioned with this wording if Springdale could loan in the Fayetteville growth area. Bill Patton said he doesn't feel they could loan money in the Fayetteville growth area unless the lending area is on file and designated as a part of their lending area. He said if it does, they could probably make loans in Fayetteville s growth area. Jim Buttry said he feels if ahcity went inside the corporate limits of another 381.9 city, they would have to have approval of the city they are wanting to make loans in. He said the basic rationale for allowing one city to make loans in another city is that this would benefit the City and its inhabitants. Buttry also said he doesn't III - feel Fayetteville can depend on Springdale not being able to make loans in the growth area. 11/7/78 382.B82 Director Todd was concerned that Fayetteville would inherit a ring of septic tanks around the city, or streets built will not be to standards. Todd said he did not think it right that one city's revenue could be used to subvert what another city is trying to do in their planning area. He said it seems Fayetteville should be able to control their growth area. 382.2 Director Malone said he is concerned that if Fayetteville's program is restricted to the city limits, Springdale could increase their program to take in all the loans they anticipate making in the Fayetteville growth area. Malone stated that he feels the City Board would be putting Fayetteville's lending institu- tions at a aisadvantage to the Springdale lending institutions. 382.3 David McNair, Jr., Fayetteville Savings and Loan, said you may have the possibility the Fayetteville lending institutions don't want to participate in the facilities board. He said Fayetteville could be willing to allow Springdale to issue loans in Fayetteville because Fayetteville lending institutions will probably be participating in the Springdale program and would then have the authority to loan in the Springdale city limits and trade area, as well as the Fayetteville city limits and projected growth area. Director Henry asked if Fayetteville didn't do anything, could they participate in Spring - dale's program as long as they allow Springdale's issue to come into Fayetteville. Director Malone said he couldn't see the Fayetteville City Board allowing other programs to come into the Fayetteville city limits if the Board doesn't want to enact the public facilities board. Ann Henry said this would prevent a duplication of efforts by both cities having a board. 382.4 Community Development Director Rick Mason said Community Development is obligated to half of their federal funds through HUD which requires they do certain types of housing assistance. Mason said he would strongly encourage the Board, if Springdale wants to loan their money in Fayetteville, that they let them do so because the City of Fayetteville will get the benefits. Mason pointed out that the new homeowner is becoming less and less each year because of the rising cost of construction and said this will help moderate and low-income persons to buy a home by getting the interest rate down. 382.5 Director Malone moved to ask the city attorney to read the ordinance with Section 5 reading "75%" of the loans would be available to finance housing inside the city, and "25%" would be available to finance "existing housing" located in the city's growth area and extra territorial planning area. Malone said he felt they would have to look at some loans outside the city limits to get a better rating. Malone also said he had added "existing" homes because he feels the City doesn't want to encourage new construction outside the city limits, because of the extra demands it would put on the City for fire and police protection, extending sewer, etc. He noted that the percentages could be changed if the public facilities board recommends a change. He said they could amend the ordinance to change the percentage figures but Bill Patton said he felt they could do this even without an ordinance amendment, if the City Board voted to allow the change. 382.6 Director Malone stated he felt the City Board should take some kind of action to let Springdale know they are working on a program which will take care of the Fayetteville city limits and growth area and encourage them to do the same type of thing for Springdale, so there will be no overlap. 382.7 Director Hughes asked if Fayetteville could go to Springdale and Springdale come to Fayetteville to make loans, and could they participate in each other's programs as long as they are using the appropriate city's money for these loans. Director Malone said he felt they could, at least within the city limits. 382.8 John Coister pointed out that the Arkansas Housing Development Agency will be making funds available for housing low-income families within the state. 382.9 Director Henry questioned if the county enacted the public facilities ordinance, would the City still get credit for HUD assistance, and Rick Mason said they would. Malone said he would prefer the county enact the ordinance, but since Springdale has gone ahead with their program, he feels Fayetteville is faced with either going ahead with the program or waiting for the county to enact a program, excluding Springdale. 11/7/78 Wade Bishop noted that he had found it almost impossible to even get someone 3 833.1 a 50% loan for a home. He emphasized that money is very critical and the housing industry is going to be in a very critical situation if something isn't done. He said it is extremely important for the City Board to proceed with utmost speed in creating the public facilities board. Mayor Lancaster asked how much of a savings on interest this would mean 383.2 for persons eligible for the loans and Mr. Buttry said it would probably be about 1.5%. Bill Patton pointed out that there is going to be a problem with the availa- bility of loans at any cost. Director Hughes seconded Malone's motion to have the City Attorney read the 383.4 proposed ordinance with Section5 reading "75%" of the loans would be available to finance housing inside the city limits and "25%" would be available to finance "existing" housing outside the city. The recorded vote on the motion was: (NJ Ayes: Lancaster, Colwell, Henry, Todd, Malone, Hughes. Nays: None. 0') Absent: Noland. 10 Mayor Lancaster declared the motion passed and the city attorney read the ordinance (•) with the above indicated additions. a Director Hughes, seconded by Malone, moved the rules be suspended and the 383.5 Q ordinance placed on second reading. The recorded vote was: Ayes: Lancaster,Hughes. Nays: Colwell, Henry, Todd, Malone. Absent: Noland. Mayor Lancaster said the motion failed to pass and the ordinance would come up forsecond reading at the next meeting. Director Hughes noted that the closing costs may be extremely high on these 383.6 loans. Jim Buttry said closing costs on the loans they have been working with thus far have been limited to 2M%. YOUTH CENTER POOL ROOF The City Attorney read an ordinance waiving competitive bidding requirements 383.7 for reroofing of the Fayetteville Youth Center pool room. He said the Parks Board is requesting authorization to enter into a contract with Tune Construction to roof the pool room for $28,800. Director Malone, seconded by Todd, moved the rules be suspended and the ordi- 383.8 nance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed and the ordinance was read the second time. Director Malone, seconded by Colwell, moved the rules be further suspended 383.9 and the ordinance placed on third and final reading. ' The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The mayor declared the motion passed and the ordinance was read the final time. Skip Holland explained the'roof .would be a seamless -type galvanized steel 383.10 roof with a 20 year guarantee provided there are no openings cut by the owner. Holland said this is the best guarantee the Parks Board could get and noted that this contractor is the only one in town who can install this type of roof. Director Malone asked if there is a roofer in the adjoining towns who 383.11 could roof the pool room. Henry noted there was a bid from a company in Little Rock for this same type of roof for $38,000 with only a 3-5 year guarantee. Holland noted that there is someone in Springdale who can also construct 383.12 this type of roof but he does not have the machine needed for the roofing and would have to rent a machine. Holland noted that the bid from Tune Construction also includes one inch of insulation in the roof. 11/7/78 384 City Manager Grimes pointed out that the engineers for the Youth Center had recommended this type of roof. Skip Holland rated that the roof needs to be put on as soon as possible. Director Hughes asked if this money would be coming from the bond issue and Holland said part of the money would come from the bond issue and part from the United Fund. 1 Director Malone asked if the City has the title to the Youth Center and Holland said they have sent the title to the Parks Board attorney regarding some lease amounts. Mayor Lancaster asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the ordinance passed. ORDINANCE NO. 2480 APPEARS ON PAGE 129 OF ORDINANCE AND RESOLUTION BOOK VI. NOMINATIONS FOR PUBLIC FACILITIES BOARD The report from the Board Nominating Committee regarding appointments to the Public Facilities Board was not given since the ordinance establishing the Public Facilities Board did not pass. ORDINANCE REZONING PROPERTY / Charles T. Combs / Fifteenth Street The City Attorney read an ordinance rezoning property located on the north side of Fifteenth Street, 700 feet east of Morningside Drive from R-1, Low Density Residential District to R-2, Medium Density Residential District, as recommended by the Planning Commission. Petitioner was Charles T. Combs. Director Todd, seconded by Malone, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed and the City Attorney read the ordinance the second time. Director Malone, seconded by Colwell, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The motion was declared passed and the ordinance was read the third and final time. There was no public opposition. Mayor Lancaster asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the ordinance passed. ORDINANCE NO. 2481 APPEARS ON PAGE 130 OF ORDINANCE ANL RESOLUTION BOOK VI. ORDINANCE REZONING PROPERTY / Sandra Avenue & Old Farmington Rd. / David Colclasure The City Attorney read an ordinance rezoning property located 500 feet west of Sandra Avenue and 300 feet north of 01d Farmington Road from A-1, Agricultural District to R-1, Low Density Residential District. Director Todd, seconded by Malone, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: 1 1 • 1/7/78 385 Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. . The mayor declared the motion passed and the ordinance was read the second time. Director Todd, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed and the ordinance was read the third and final time. Director Colwell asked if this property is located on a road and City Manager Grimes said it is about 300 feet from a public road, but there is a lane going into (V the property. CO Mayor Lancaster asked if the ordinance should pass. The recorded vote was: ID Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. L) Absent: Noland. Q The Mayor declared the ordinance passed. a 1 ORDINANCE N0. 2482 APPEARS ON PAGE 131 OF ORDINANCE AND RESOLUTION BOOK VI. ORDINANCE REZONING PROPERTY / Whitfield Motor Company / North College Avenue City Attorney Jim McCord read an ordinance rezoning property located on the west side of North College Avenue, 300 feet south of Millsap Road from C-2 and A-1, to C-2, Thoroughfare Commercial District. Director Malone, seconded by Todd, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: done. Absent: Noland. The mayor declared the motion passed and the ordinance was read the second time. Director Todd, seconded by Henry,. moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The City Attorney read the ordinance for the third and final time. There was no public opposition. Mayor Lancaster asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the ordinance passed. ORDINANCE NO. 2483 APPEARS ON PAGE 132 OF ORDINANCE AND RESOLUTION BOOK VI. LOT SIZE VARIANCE / Michael Cole Drive / Bill Graue City Attorney McCord explained the next request was a variance of the 1.5 acre minimum lot Size requirement for subdivided property not having access to a public sewer. He further explained that Mr. Graue, the developer, had built 5 duplexes on a 5 acre parcel in the planning area. He said the duplexes were constructed in accordance with existing regulations and now the owners want to split the property so the duplexes can be sold individually. He noted that the plat has been approved by the Planning Commission but the waiver of the 1.5 acre minimum tracts can only be approved by the Board of Directors. 385.1 385.2 385.3 385.4 385.5 385.6 385.7 385.8 J 11/7/78 386 386.1 Mayor Lancaster asked if this ordinance was in effect when the duplexes were built. Jim McCord said it was, and the developer complied with it because the ordinance doesn't indicate a 1.5 acre tract per dwelling unit is required. 386.2 Bill Graue clarified that the construction on the duplexes was begun before the ordinance was passed. He said Bud Allen, County Planning Administrator, and Bobbie Jones, Planning Administrator for the City, had both approved the plat. He also said septic tanks have been approved by the State Department of Health. 386.3 Director Malone questioned the layout of the street and Bill Graue explained chat there is a duplex built there so they had to jog the street. Graue said there is only a 35 foot right-of-way, but the County will use 30 feet for the roadbed. 386.4 Director Hughes, seconded by Malone, moved the variance be granted. The Mayor called for a vote on the motion. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed. 386.5 Director Todd asked if the covenants will provide that there will be no more lot splits unless sewer is available and Mr. Graue said this note would be put on the plat which will be filed in the Court House. 386.6 Director Malone asked that the City Attorney check into amending the ordinance to state that 1.5 acres will be required for each dwelling unit. City Attorney McCord explained that he would check into it, but noted that there is no zoning in the planning area and the City cannot control density, only subdivision of property. City Manager Grimes said he felt the City could control density through the water system. INDUSTRIAL PARK SALE / Winamac Steel 386.7 City Attorney McCord explained that this is a proposed resolution authorizing the Mayor and City Clerk to execute an option for the purchase or lease of a 31 - acre parcel in the Industrial Park for Winamac Steel, a division of Norris Industries, at an option price of $5,000 per acre. He furtherexplained that Norris wants tohave the option of either leasing or purchasing the property. He stated that they are considering an Act 9 bond issue. McCord said the only thing he wants to guarantee is the City gets the entire purchase price of $5,000 per acre plus $13,200 for extending utility lines and street, if the property is leased. McCord noted that he had made one change in the resolution, paragraph 8.3 would read "cost of constructing said railroad spur shall not be the sole responsibility of the city but shall be negotiated between the City, railroad, and users of the spur." 386.8 Dale Christy explained that they are only providing an easement on the plat in case a railroad spur is needed in the future for Tracts 10A, B, or C. 386.9 Director Malone asked if that portion outside the City will be annexed into the city limits and Christy said the portion outside the City will be brought into the industrial park and into the City. 386.10 Director Hughes, seconded by Todd, moved the resolution be approved. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the resolution passed. RESOLUTION NO. 6? -78 APPEARS ON PAGE 278 OF ORDINANCE AND RESOLUTION BOOK VI. 386.11 City Attorney McCord said he had visited with bond counsel about the lease rather than purchase of the property and they felt there would be no problems with a lease. 1 1 r 11/7/78 ESCROW AGREEMENT - Roberta Fulbright Library City Attorney McCord stated this proposed resolution would authorize the Mayor and City Clerk to execute an escrow agreement for payment of wages to workers employed for the construction of an addition to the library. McCord said this agreement would allow construction to proceed as a building lawsuit is resolved. McCord recommended approval of -the escrow agreement so the project could proceed.. Director Henry, seconded by Colwell, moved the resolution be approved. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes. Nays: None. Absent at roll call: Malone. Absent: Noland. The Mayor declared the resolution passed. RESOLUTION NO. 610-78 APPEARS ON PAGE 271 OF ORDINANCE AND RESOLUTION BOOK VI. 387 387.1 387.2 WATER LINE OVERSIZING / Canvas Mountain Subdivision City Manager Grimes said the City Engineer is asking for authorization to 387.3 participate in oversizing of a water line to serve the Canvas Mountain Subdivision. Grimes said the City has already oversized the line coming from the north, and noted this will give the City an 8" line in that area. Mr. Grimes recommended authorization be granted. Director Todd, seconded by Henry, moved the authorization for oversizing the 387.4 water line to Canvas Mountain Subdivision. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The mayor declared the motion passed. EASEMENT VACATION / Anson Drive City Attorney Jim McCord read an ordinance vacating two utility easements 387.5 near the east end of Anson Drive. Director Malone, seconded by Director Henry, moved the rules be suspended and 387.6 the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed, and Jim McCord read: the. ordinance- the. second time. Director Todd, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: 387.7 Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed and the ordinance was read the final time. The Mayor asked if the ordinance should pass. The recorded vote was: 387.8 Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the ordinance passed. ORDINANCE NO. 2484 APPEARS ON PAGE 133 OF ORDINANCE AND RESOLUTION BOOK VI. 11/7/78 388 AWARD OF BID / Sanitation Containers Sturman Mackey, Puchasing Officer, explained the bid containers which the City buys and the merchants purchase City's cost. Director Hughes, seconded by Todd, moved the bids be Management of Fort Smith. Mackey explained that the low bidders are not up to City specifications. He said the primary reason the Sanitation Superintendent wants the Solid Waste Management type of containers is the cupler devices the truck uses to pick up the container. He said the truck lift is made by LoDal and the containers available from Solid Waste Management are also made by LoDal. The recorded vote on the motion was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Nays: None. Absent: Noland. The mayor declared is for sanitation from the City, at awarded to Solid Waste OTHER BUSINESS the motion passed. Malone. SPECIAL MEETING City Manager Grimes asked the Board if they would be willing to have a special meeting at 4:30 P.M. on November 28, to get an update from engineers on the sewer system study. He said he would also invite the Planning Commission and Pollution Control Committee to come to this meeting. AIRPORT PARKING LOT City Manager Grimes asked for authorization to take bids on the airport parking lot, to see what a private firm would pay to operate the parking lot for one year. Director Malone asked if this would also include policing of the meters. There was no vote, but the concensus of the Board was that the city manager could solicit bids. TOWNSHIP ROAD RIGHT OF WAY Mr. Grimes said the City has obtained the needed right of way and utility easements from Gregg to North College Avenue. SICK LEAVE EXTENSION City Manager Grimes read a letter from City Engineer Don Bunn requesting the sick leave of Benny Lewis be extended through December 8, 1978. Mr. Grimes noted that the personnel policy does allow the extension of sick leave, but this requires approval from the Board of Directors. Mr. Grimes recommended that the Board approve the extension of sick leave for Mr. Lewis. Director Todd, seconded by Hughes, moved the sick leave be granted. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Hughes, Malone. Nays: None. Absent: Noland. The Mayor declared the motion passed. OZARK REGIONAL COMMISSION FUND APPROVAL City Manager Grimes said the City received the Ozark Regional Commission fund approval last week and congratulated the board members for their part in helping obtain the grant. PUBLIC FACILITIES BOARD Director Todd moved the following resolution be passed "To request the Springdale City Council to restrict the proceeds from the sale of municipal bonds from being used to make loans in Fayetteville or within Fayetteville's designated planned growth area." Director Colwell seconded the resolution. 1 1 11/7/78 The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Malone. Nays: None. Abstain: Hughes. Absent: Noland. The Mayor declared the resolution passed. Director Henry questioned if they should do the public facilities bonds on a county -wide basis. Mr. Grimes suggested the Board members could discuss this with some financial institutions before the next meeting, if they wished. RESOLUTION NO. 67-78 APPEARS ON PAGE 277 OF ORDINANCE AND RESOLUTION BOOK VI. MISCELLANEOUS N 1. Mayor Lancaster noted the Beaver Water District had paid the City $130,000 which was overcharges from the utility companies to the water district. In 2. Director Todd asked if the City had received a report from Gaddy and Company. Director Malone said he is in complete agreement with Director Todd that the Q City should follow up on the recommendations of Gaddy and Company and noted Q that some of the things mentioned seem to be fundamental and should be done. 1 1 3. Director Todd asked if everything is proceeding on the airport terminal. City Manager Grimes said the next thing they need to do is pin down the airlines on their contract. He said they are moving ahead on what will secure the bond issue. 4. Director Malone said he had received the preliminary parking facilities study from Young, Hadawi, and DeShazo, and would send a copy of this to the board members for discussion at the next meeting. Malone said the bond advisor and a representative from Young, Hadawi, and DeShazo, would be at the next meeting. 5. Mayor Lancaster asked the status of the Carlos Hill lawsuit. City Attorney McCord said Hill's attorney has filed his brief and the City has filed it's brief, and the reply brief from Hill's attorney is due Friday and then it will be subject to decision. 6. Director Malone said the City Hospital has explored the possibility of purchasing property north of the City Hospital for relocation of the auxiliary. He said the hospital is also looking at other possible locations. MINUTES The minutes of the October 17 meeting were approved as mailed. The meeting adjourned at 11:20 P.M. 389 389.1 389.2 389.3 389.4 389.5 389.6 389.7 389.8