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HomeMy WebLinkAbout1979-09-04 Minutes144 MINUTES OF A BOARD OF DIRECTORS MEETING The Fayetteville Board of Directors met in regular session on Tuesday, September 4, 1979, at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Board Members Ernest Lancaster, John Todd, Paul Noland, Richard Osborne, Phil Colwell, and Ann Henry; City Manager Don Grimes, City Clerk Angie Medlock, City Attorney Jim McCord, and Administrative Assistant David McWethy. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following a moment of respectful silence and roll call, the mayor called for consideration of the first item of business. REZONE PROPERTY: Wilson Hollow Road / R. E. Allen 144.1 The city attorney read an ordinance rezoning approximately 1.50 acres located on the north side of Wilson Hollow Road approximately 1/4 mile southeast of the inter- section of Willoughby Road, City Lake Road, and Wilson Hollow Road, from A-1 to R-1, Low Density Residential District. Petition was submitted by R. E. and Norene M. Allen. 144.2 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 144.3 Director Todd, seconded by Director Henry, moved the rules be further sus- pended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 144.4 Mr. R. E. Allen spoke in favor of the rezoning. He explained that he had annexed his property into the city to be able to obtain city water. Mr. B. W. Dykes stated that Allen has approximately 7 acres and there are two homes located on part of the property. He said Allen would like to sell a portion of the land with one house, and this would leave Allen with 1.50 acres. He said in order to get a lot split approved by the City, Allen must get the 1.50 acres, on which his house is located, rezoned to R-1, Low Density Residential. The current A-1 zoning requires two acres for each parcel of property. 144.5 Director Todd was concerned that this rezoning might set a precedent. The mayor agreed with Director Todd's concerns and said he would also have been concerned if this would have been a larger parcel of land and there was a possibility development could take place without adequate services being provided. 144.6 Director Todd asked if fire hydrants would be available to the property and City Manager Don Grimes said the closest line which would support fire hydrants is approximately 1/4 mile west of Allen's property. 144.7 There being no further discussion, the mayor asked if the ordinance should pass. The vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the ordinance passed. ORDINANCE N0. 2556 APPEARS ON PAGE 2 OF ORDINANCE AND RESOLUTION BOOK VIII. 1 1 1 9-4-79 145 BEAUTY & BARBER SHOPS IN THE R-0 DISTRICT The city attorney read an ordinance amending the zoning ordinance to allow 145.1 beauty and barber shops in the R-0, Residential Office zone. Director Colwell, seconded by Osborne, moved the rules be suspended and the 145.2 ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and City Attorney (McCord read the ordinance for the second time. Director Osborne, seconded by Colwell, moved the rules be further suspended 145.3 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. Q The mayor declared the motion passed and the city attorney read the ordinance for the third time. Director Henry stated that she is opposed to making beauty and barber shops 145.4 an absolute right in the R-0 zone. She said she feels perhaps there was a reason for not having beauty and barber shops in the R-0 district --because of the odor Q problem if the building is not well insulated. She said she feels there may be persons in the R-0 district who might object to beauty and barber shops, but would have no recourse if they were allowed as a use -by -right in that zone. Henry said she would not be opposed to beauty and barber shops being a conditional use in the R-0 zone. Director Henry then moved the ordinance be amended to reflect that beauty 145.5 and barber shops be a conditional use in the R-0, Residential Office District. II/Nancy Ault stated that Commissioner Mort Gitelman had, at the Planning 145.6 Commission meeting, said he would rather limit the number of chairs allowed in the shop than make beauty and barber shops a conditional use. She said he had pointed out that the Planning Commission would have to hold a hearing every time a beauty shop is proposed inthe R-0 zone, and suggested perhaps limiting the number of chairs allowed would be a better alternative. Ault noted also that Planning Commission chairman Ernest Jacks had stated 145.7 that the R-0 zone was originally intended to provide small businesses and office - type uses for large multi -family developed areas. Ault said she felt barber and beauty shops would fill this need. Bill Kisor said the Planning Commission did not feel they wanted to look 145.8 at each individual beauty shop proposed in the R-0 zone, which would be required should they be allowed as a conditional use. Kisor said he did not feel limiting the number pf chairs allowed would help the problem much. He said he felt mostshops which would want to be located in the R-0 zone would be the smaller shops. Director Todd seconded Director Henry's motion to add beauty and barber 145.9 shops as a conditional use in the R-0 zone and suggested the city attorney be delegated to decide the best way to do this. The city attorney replied that the ideal way would be to add another use 145.10 unit and make the new use unit a conditional use in the R-0 zone, if that is what the Board desires to do. Director Osborne commented that he agreed with the Planning Commission's 145.11 recommendation, but would like to place a limit on the number of chairs to no more than four. Director Lancaster commented that compared to some of the other uses allowed 145.12 in the R-0 zone, a beauty shop might be an asset. 9-4-79 146 146.1 Director Henry then withdrew her motion to add beauty and barber shops as a conditional use in the R-0 zone. Director Todd also withdrew his second. 146.2 Director Osborne then moved the proposed ordinance be amended to allow beauty and barber shops as a use -by -right in the R-0 zone, with the shops to be restricted to no more than four chairs. Director Noland seconded this motion. 146.3 The recorded vote on this proposed amendment was: Ayes: Osborne, Malone, Colwell, Lancaster, and Noland. Nays: Henry and Todd. The mayor declared the motion passed. 146.4 Following slight discussion, the mayor asked if the amended ordinance should pass. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Noland. Nays: Henry, Todd. The mayor declared the amended ordinance passed. 146.5 Director Osborne then moved the emergency clause be passed. Director Colwell seconded the motion and the recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Noland. Nays: Henry and Todd. The mayor declared the emergency clause passed. ORDINANCE NO. 2559 APPEARS ON PAGE 6 OF ORDINANCE AND RESOLUTION BOOK VIII. INDUSTRIAL PARK PROPERTY SALE / AMTANE 146.6 A resolution was proposed authorizing the sale of Lot 16-A, approximately 2.43 acres, in the Industrial Park to Amtane Inc. for $17,600. 146.7 The city manager explained that there is a "finder's fee" involved for the realtor, however, this commission was added on to the purchase price set by the City. Mayor Malone noted that this sale would commit the City to some sewer improvements in the area. Mr. Grimes stated also that the sale to Amtane was recommended by the Industrial Park Committee. 146.8 Director Todd, seconded by Director Noland, moved the resolution be approved. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 80-79 APPEARS ON PAGE 310 OF ORDINANCE AND RESOLUTION BOOK VII. FAYETTEVILLE PLUMBING & HEATING / Act 9 Bond Issue 146.9 Next was a resolution authorizing execution of a memorandum of intent to issue "Act 9" bonds to finance the construction of a new warehouse for Fayette- ville Plumbing and Heating for $310,000. The city attorney stated that arrange- ments have been made to place the bonds and they will be coming back with the bond ordinance in the near future. He commented that the ordinance will pro- vide for a payment in lieu of taxes. 146.10 In response to the mayor, Bill Kisor stated that Fayetteville Plumbing would hire additional personnel when the facility is completed. Kisor stated that the location is south of Lindsey and Associates Realtors on Gabel Drive, and they are proposing to build two buildings - one 7,000 square feet for an office and sheet metal shop and one 4,000 square feet warehouse to be located behind the office and sheet metal shop. 146.11 Director Todd, seconded by Osborne, moved the resolution be approved. The recorded vote was: 1 1 9-4-79 Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 79-79 APPEARS ON PAGE 303 OF ORDINANCE AND RESOLUTION BOOK VII. "CLEAN-UP" ORDINANCE The city attorney read an ordinance amending Section 11-2 and 11-3 of the Code of Ordinances to provide an alternative means of collecting the costs in- curred by the City in cutting unsightly, weeded lots. Mr. McCord said the ordinance was authorized by a 1979 act: Director Noland, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Q) Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. 0 Nays: None. 03 The mayor declared the motion passed and the city attorney read the ordinance for the second time. Q Director Lancaster, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Q Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time changing the wording to reflect "unsightly property' Director Noland asked if the ordinance would provide for clean-up after fire damage. He said the City has had trouble with this in the past. Mayor Malone said he felt the fire damage would be considered an "unsightly lot". There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd. Noland. Nays: None. The mayor declared the motion passed. 147 147.1 ORDINANCE NO. 2557 APPEARS ON PAGE 3 OF ORDINANCE AND RESOLUTION BOOK VIII. 147.2 147.3 147.4 147.5 147.6 SEWER EASEMENT APPRAISALS City Manager Grimes noted that the contract proposals for appraisal 147.8 services for sewer easements in Greenland and Farmington had been distributed to the Board. He recommended the contract be authorized with low bidder, Howard Scott, for $75 per parcel and $25 per hour court time. Mayor Malone asked if the cities of Greenland and Farmington should 147.9 also approve the agreements since if they do not get 100% reimbursement settlement from HUD, the cost would revert back to Greenland and Farmington. City Manager Grimes suggested the agreements be subject to approval from HUD and approval from Greenland and Farmington. City Manager Grimes recommended award of the bid to Appraisal Services, 147.10 Mr. Howard Scott. In response to Director Todd, Mr. Grimes said the lines have been in place for two -three years. Todd asked if any of the property owners have indicated that they feel they have been taken advantage of and Mr. Grimes said they have not, other than the properties which have been condemned. Director Henry, seconded by Director Noland, moved the manager's recommendation. The recorded vote was: 147.11 Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed. RESOLUTION 84-79 APPEARS ON PAGE 315 OF ORDINANCE AND RESOLUTION BOOK VII. * as recommended by the Board. 148 9-4-79 WATER/SEWER BUDGET AUTHORIZATION 148.1 Director Noland moved the resolution authorizing the expenditure of up to 20% of the amounts in the 1978-79 Water and Sewer budget until the 1979-80 budget is approved be authorized. He said the Water and Sewer Committee is planning a meeting later in the week to discuss the new water/sewer budget. 148.2 Director Lancaster seconded Director Noland's motion. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Ways: None. The mayor declared the resolution passed. RESOLUTION NO. 31-79 APPEARS ON PAGE 312 OF ORDINANCE AND RESOLUTION BOOK VII. AMBULANCE PARTICIPATION 148.3 A resolution was proposed authorizing the purchase of ambulance equipment from the General Fund reserves instead of through Revenue Sharing funds, due to technical difficulties. The General Fund would then be reimbursed from the Revenue Sharing fund. 148.4 Director Todd said they will be using Fayetteville funds to purchase the ambulance whether it is referred to as Revenue Sharing funds or General funds. He said they should not view Revenue Sharing funds as "some of that free federal money". 148.5 Director Henry, seconded by Noland, moved the resolution be approved. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 82-79 APPEARS ON PAGE 313 OF ORDINANCE AND RESOLUTION BOOK VII. SPRINGDALE AIRPORT 148.6 The mayor opened discussion on a resolution endorsing and supporting the City of Springdale, Arkansas, on an application for a runway extension and an instrument landing system, and supporting Springdale as an alternate to Drake Field. 148.7 The mayor explained that Springdale is wanting to make some improvements to their airport and don't see any way they can qualify for funding under the existing FAA classification of the airport. He said they felt like there was a chance they could be reclassified as an alternate for Drake Field which would put them into another FAA classification and would enable them to be eligible for some FAA funds. Malone stated that the Airport Committee had discussed this with both the airport manager and city manager. He said they had wanted to be absolutely sure that if Springdale did qualify for funds, these funds would not come out of Fayetteville funds. He said they were assured more than once by more than one FAA official that they would not be hurting Fayetteville's funds. 148.8 Mayor Malone noted that Springdale had passed a resolution supporting the radar request for Fayetteville and he had received a letter from Congressman Hammerschmidt indicating that he is still trying to get Fayetteville qualified for radar. 148.9 Malone pointed out that the resolution submitted by Springdale for Fayetteville's endorsement says the City of Fayetteville would be endorsing 1 1 1 9-4-79 III Springdale as an alternate airport to Drake Field and also included in the resolution is support for the ILS system and runway extension. Director Lancaster suggested the Fayetteville City Board ask Bentonville and Rogers to express support for Fayetteville's radar request. Director Lancaster said he would support Springdale as an alternate to the Fayetteville airport. Director Todd then moved the resolution be approved. Director Henry seconded the motion. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed. RESOLUTION 83-79 APPEARS ON PAGE 314 OF ORDINANCE AND RESOLUTION BOOK VII. CD ELECTRICAL CONTRACTORS O The city attorney stated that the proposed ordinance would bring the 03 Fayetteville code of ordinances into conformity with state laws on electrical 0 contractors. He read the ordinance for the first time. "Cr Director Henry, seconded by Osborne, moved the rules be suspended and Q the ordinance be placed on second reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Noland, moved the rules be suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was". Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the ordinance passed ORDINANCE NO. 2558 APPEARS ON PAGE 5 OF ORDINANCE AND RESOLUTION BOOK VIII. OTHER BUSINESS SANITATION CHARGE City Manager Don Grimes introduced Mr. Paul Taperek present to appeal the provisions of the code requiring that all city residents subscribe to City sanitation services and pay sanitation fees. Grimes stated that this requirement is specified in the code and is mandatory for all residents. Paul Taperek said he had moved to Fayetteville in April and last month received a bill for sanitation pick-up. He said he did not feel he should be required to subscribe to the service :since he does not want it. He said his house is approximately 450 feet from the road and he does not feel he Should be required to spend the time and effort to take the trash to the road Taperek stated further that he recycles almost everything and the owner of the property disposes of the remaining garbage. Taperek said he 149 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.3 149.9 149.10 150 9-4-79 does not feel he should have to pay for something he "doesn't use and/or want". 150.1 In response to the directors, Mr. Grimes said he does not know of any people who are not on sanitation service in the City, since it is required by ordinance. 150.2 In response to Taperek's concern that the house is located 450 feet from the road, Mr. Grimes said if the property owner will give permission and provide a turn -around, the sanitation trucks will come up in the drive to pick up the trash. The Board was concerned about what would happen to the trash should it not be picked up by the City. They were concerned that it would be dumped someplace else, possibly into a commercial Lodal or on a creek bank somewhere. 150.3 Director Osborne stated that he is comfortable with the ordinance as it is and if they granted Taperek a waiver, it could create an uncomfortable precedent. 150.4 Mayor Malone said he feels all people have an obligation to support the municipal system and agreed with Director Osborne's concerns. 150.5 Director Henry stated that Taperek has an "asthetic benefit" that they may not be able to put a price on, but it is a benefit which everyone in Fayetteville has, as a result of the city-wide mandatory ordinance. 150.6 Mayor Malone moved the proposed exemption be denied. Director Osborne seconded the motion. 150.7 In response to Taperek, Malone said Taperek's recourse would be to appeal the provisions of the code to the City Board, which he has done. 150.4 Director Todd stated that they should encourage conservation and give credit to people who recycle and should reward people who don't burden the trucks with more waste. 150.9 There being no further discussion, the mayor called for a vote on the motion to deny the exemption. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed. REGIONAL HOUSING OPPORTUNITY PLAN 150.10 City Manager Grimes asked the Board's -authorization to indicate to Regional Planning that Fayetteville will be a participant in the Regional Housing Opportunity Plan. He said if they don't participate, it will take some things away from the smaller communities in the two -county area and recommended that Fayetteville participate. Mr. Grimes said the only require- ment would be that they furnish a representative from Fayetteville and this representative could be a staff person. 150.11 Director Noland, seconded by Director Lancaster, moved the resolution be approved. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Noland. Nays: Todd. The mayor declared the motion passed. FARMINGTON WATER FACILITIES 150.12 There was some discussion on a letter from John E. Mahaffey and Associates, Inc., concerning Farmington water facilities. Mahaffey had requested the City furnish certain information to them. 150.13 Director Noland said the water and sewer committee would try to meet on this item and make a recommendation to the City Board. Mr. Grimes noted that they have indicated a willingness to pay for the city's staff time and cost in accumulating the data. 150.14 Following further discussion, no action was taken on the request. 1 1 152 9-4-79 PARKS GRANT 152.1 David McWethy stated that the Bureau of Outdoor Recreation is now the Heritage Conservation and Recreation Service and the City needs to sign a new assurance of compliance with civil rights data under the new name. 152.2 Director Osborne, seconded by Noland, moved the authorization be granted. '.he recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Noland, Todd. Nays: None. The mayor declared the motion passed. MINUTES 152.3 The following corrections were requested to the minutes of the August 21, 1979 meeting --Director Todd asked that paragraph 134.8 be amended to add "factor because city contributions could reduce the amount of contribution for EMS"; Director Colwell stated that the date of the meeting was August 21 rather than August 31; and Mayor Malone asked that paragraph 135.1 be corrected to reflect "Neil Schmidt" was the gentleman in the audience speaking. With these corrections, the minutes were approved as submitted. SPECIAL MEETING 152.3 The mayor asked that a special meeting be called to consider the Continuing Education Center plans. The Board agreed to a special meeting to be held on Tuesday, September 11, 1979, from 11:30-12:30. All board members and repre- sentatives of the press were present when the special meeting was scheduled. 152.4 There being no further business, the meeting adjourned at 9:25 P.M. 1 1