Loading...
HomeMy WebLinkAbout1980-08-19 Minutes0) CO CALL TO ORDER 0Following a moment of respectful silence and roll call, the Mayor called the meeting to order. Q REZONING APPEAL/BETWEEN DICKSON AND LAFAYETTE, EAST OF NORTH COLLEGE AVENUE 431.1 Mayor Todd introduced an appeal of a decision of the Planning Commission regarding rezoning petitions R80-14, 0.067 acres, and R80-15, 0.124 acres, located between Dickson and Lafayette Streets, east of North College Avenue. The petitioners, Virginia Byroade (R80-14) and Northwest Savings & Loan (R80-15) requested rezoning for these parcels from R-1 "Low Density Residential" to C-2 "Thoroughfare Commercial". Considered in a public hearing before the Planning Commission on July 14, 1980, the two petitions were treated as one because both properties are adjacent to one another. Planning Consultant Larry Wood recommended approval, as: 1) This will bring the eastern boundary of the C-2 District in line with the property to the north; 2) The small parcels are needed for business expansion; and 3) The rezoning to C-2 District should not adversely affect the residential properties to the east, as there is still 150 ft. of R-1 depth from the C-2 District to Washington Avenue. Speaking on behalf of the request, Attorney Debbie Wikstrom told the Commissioners that the property was necessary for a loading dock pass-through along the south side of the existing Safeway building. In opposition to the request, Dick Atkinson, member of the Historic District Commission, pointed out that the rezoning would have an "immediate and serious impact on Washington Avenue" because of such things as commercial floodlighting, truck noise and traffic, etc. He also was concerned about establishing an "enroachment precedent" and pointed out that the proposed development would occur around a group of "five of the most (historically) significant houses along this part of the street." Also opposing the request was Carl Russell, representing the Washington County Historical Society, who urged the Commission to maintain "diligent opposition" to further commercial enroachment; and Herb Lewis, of 327 North Washington. Lewis urged the Commission to "look down the road," and asked the Commission to consider what would happen to the property when Safeway leaves. The Commission voted to deny the request, 9-0. In their appeal to the City Board, petitioners are stating that the Planning Commission was in error because the "proposed rezoning would not infringe on the adjacent R-1 property .significantly"; and because it "would not set a precedent to rezone other properties in the neighborhood. Mayor Todd asked for comments from those in favor of the rezoning. 431.2 Attorney Kenneth Mourton, representing Safeway Stores, Virginia Byroade, and North- west Savings & Loan, presented a drawing of the block area around the Safeway store. He said there has been some confusion that loading docks would be built on the south side of the Safeway store building. He said that the Safeway store located at Lafayette and College Avenue currently employs approximately 30 people and due to the economic MINUTES OF A BOARD OF DIRECTORS MEETING 431 A meeting of the Board of Directors was held on Tuesday, August 19, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Noland, Osborne, Sharp, Todd, Colwell, Henry, Lancaster; City Attorney McCord, City Clerk Goering, City Manager Grimes, and Administrative Assistant McWethy ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media; Fayetteville Open Channel 8-19-80 432 needs of the area and the growth of Safeway it is necessary that they expand in the near future; but it will be necessary that they purchase tract #1 of which they have an option to purchase from Northwest Savings & Loan and tract #2 of which they have an option to purchase from Virginia Byroade. He said the store at this time has approxi- mately 18,000 sq. ft. and Safeway would like to expand another 16,000 sq. ft. They would expand approximately 15 ft. over into parcel #2 and approximately 16-17 ft. into parcel #1. He said there is a misconception that there will be a driveway around this area. Safeway's intention is to extend the store back with a solid brick wall with only the necessary safety exits required by the City and to only place passageway around the building as required by the City Fire Department. The balance of the property would be landscaped in order to protect the property behind Safeway. He said they would build a noise -protective fence as they currently have; they would put up whatever landscaping is desired by the City or by the Historical Society for purposes of protecting the area. He said the loading dock would remain in the same geographical location, but would be extended approximately 20 ft. to the east; however, the loading dock will be sophisticated and will cut out any noise other than refriger- ation noise from the trucks (which is already present). He showed pictures of the pro- posed loading dock whereby it would be sunk into the ground with a concrete retaining wall beside it which will buffer truck noise from the historical district or neighbors immediately to the east. They would also be willing to put up a fence in the loading dock area to further buffer any noise. He said if Safeway would not be required to put additional parking spaces behind the building, then Safeway would landscape the entire area. He said there would be no commercial flood lights, but rather one night light; there will be no additional truck noise, but rather it would be reduced because of the design of the new loading dock. He said it is the position of Safeway, Mrs. Byroade, and Northwest Savings & Loan that the addition to the back of the building and the evening up of the lines of C-2 on North College would not adversely affect the historical district; that the addition would not make the historical district II/ enroached upon more, but rather less because there would only be three buildings there. He said if the property is not rezoned, then Safeway will not purchase the tracts and another business might be more detrimental to the historical district than a Safeway store with beautiful landscaping and a fenced area. He said the architect and design engineer manager from Safeway were present to answer questions. Finally, he pointed out that Safeway would like to start construction within the next 8-12 months with completion in 18 months. He said the new store would employ 100 people which would mean 70 additional jobs for the Fayetteville area. 432.1 H. Price Roark, the architect, pointed out some of the features of the new building and said if he were still living in the neighborhood he would rather have the Safeway building with brick walls and nice landscaping rather than a fast food drive-in on this very valuable piece of property. In answer to Todd, he said they are buying 102 ft. of land; the building will be 65 ft. which would leave 37 ft. for a row of parking in back with a night light for safety. 432.2 Mrs. Byroade said that Safeway is a good neighbor and that she gets less noise from Hwy 71 with Safeway as a buffer. She said the loading dock is directly behind her house and does not bother her. 432.3 Jim Lindsey, the former owner of the Northwest Savings & Loan property, said he was shocked to find out that this property which he sold to Northwest S & L was not zoned C-2 already. He said they purchased the property from him without the knowledge that it was not zoned commercial. 432.4 Mrs. Hyden said she lives in the second house from Lafayette and she would rather see Safeway there than anything else and would like to see them stay. 432.5 Gene Kelley,Chairman of the Board of Northwest S & L, said they do not have to sell this property, but since the matter has developed they have an interest in the outcome. He said that when they bought the Appleby Home they had in mind the possibility that they might expand that location and bought the motel with the idea of planting maple trees; however, two crops of trees have died along College Avenue. Ale 8-19-80 He said they 'had considered a multi-level building similar to SWEPCO, but after 433 they remodeled the building the patrons said they appreciated the restoration and Ilepreservation of the heritage, so Northwest. S & L is interested in saving the heritage of Fayetteville. He said they want to save the existing Appleby Building. In lieu of that, a multi -story building could be put there that would be justified economically. But, he said, they made a decision that if they could sell this lot to the north and get a tenant in there that would keep up the high quality of the area, which is what they believe Safeway would do, they would go with that. He said that if this rezoning is not approved they will have to either build a large structure on it or sell it for some other use because it is too valuable a piece of property to keep in a park state. He said they are in favor of the rezoning because in the long run it will benefit the entire area. He said if it is not approved Northwest S & L will not be hurt financially. He said they support this in order to preserve the Appleby Home. CD Mayor Todd asked for comments from those in opposition. 433.1 Dick Atkinson, on behalf of the Historic District Commission, said that it doesn't 0 seem we will have the immediate problem of a "McDonalds" on this property if the re - CO zoning is not approved, since Northwest S & L is concerned about the high quality of 0 the area and are committed to using that land so as to be compatible with their Q restructuring and reutilization of their building. He pointed out that we don't know Q what will be there in the future; Mrs. Byroade said the contract committed Safeway to staying there 10 years; Atkinson said that all we could be sure of, then, in 10 years is that we would lose that protection. He said that in 1968, after being rejected by the Planning Commission, the City Board granted a rezoning and Safeway said they would front the building on College Avenue to minimize impact; but, he said, that promise did not materialize. He said the Historic District Commission has five concerns: 1) the immediate negative impact on the Historic District --the loss of open space and trees and the devaluation of five beautiful homes on Washington Avenue; 2) the setting of precedent; 3) denying the request would be consistent with the positions the Commission and City Board has taken in the past; 4) the Planning Commission voted 9-0 to reject this request; and 5) this area is now on the National Register of Historic Places. He said if this were a federally -funded project the government would demand extraordinary reasons for rezoning. He said they are asking that the City Board deny the request. Carl Russell, representing the Washington County Historical Society as a neighbor- 433.2 ing property owner of the Headquarters House located southeast of Northwest S & L, said that both Northwest S & L and Safeway have been good neighbors; that their fear is precedent. He said if this rezoning is granted we face the threat of further enroach- ment into the Historic District. He said their sympathies are with the Historic District Commission and any further enroachment into their territory. He said they were asking the Board to reject the requested rezoning. Herb Lewis, 327 N Washington, representing the five property owners closest to 433.3 this property along Washington Avenue, said that their comments are in the Planning Commission minutes, but they want to reconfirm their request to deny the rezoning. Kenneth Mourton said he disagreed with Atkinson about the promise made in 1968 433.4 to front the store on College Avenue. He presented copies of the March 26, 1968 Planning Commission minutes to the Board and said the only reference made to facing the property on College Avenue was made in paragraph 3 by Mr. Niblock who represented Safeway at that time. In the minutes Mr. Niblock pointed out that the building could be reloacted on the lot to face College Avenue if this would be more acceptable; but no one requested that it be relocated. He also distributed minutes from the City Board meeting of 1968 approving the rezoning application; no mention was made that Safeway IEwould face College Avenue. He passed out a letter from Dr. Garland Melton stating that to his knowledge Safeway has complied with every request made by the City. In answer to how long Safeway will be in this location, Mourton said Safeway has been there 12 years and desires to put $3 million into this property. He reminded the Board 8-19-80 434 that Larry Wood had recommended approval. He said that all the trees and shrubs would not be affected by the expansion. In answer to Lancaster, he said the store could not be enlarged without rezoning because the store would be too narrow and deep. He said there is also a setback from College Avenue of 50 ft. that has to be maintained. He said the store would be square, extended 65 ft. to the south, which they can do with- out the rezoning; that they would only be going 17 ft. into the Historical District with the building; the rest would be left to vegetation if drives are not required to be put in. 434.1 Director Osborne clarified that the rezoning would not set a precedent because each case has to be decided on its own merits. 434.2 Newton Hailey, member of the Planning Commission, said that economic necessity is not considered a priority in rezoning; he said that hardship is a factor taken into consideration, but at the Planning Commission meeting there was no graphic means to demonstrate the problems they talked about tonight. 434.3 Director Lancaster, seconded by Henry, moved to deny the rezoning request appeal. Osborne said he is enthusiastic about the Historic District, but he is not convinced that it would infringe on the Historic District. He said he felt a Bill of Assurance would guarantee their word that they would not put anything back there except brick walls or lighting; this is not that large a rezoning. Todd pointed out that parking would be required in the back which could be a problem in itself and Osborne said that based upon what Mr. Kelly said there is not going to be a park there forever and that some future development might not be as attractive as brick walls housing a Safeway store. 434.4 The Mayor called for a vote on the motion to deny the appeal and upon roll call the motion passed 6-1, with Director Osborne voting in the minority. PUD APPEAL/GARLAND COURT/GARLAND AND SYCAMORE STS. 434.5 Mayor Todd introduced an appeal of a decision by the Planning Commission to approve the concept plat of Garland Court, a Planned Unit Development, to be located at the northeast corner of Garland and Sycamore Streets; Fayetteville Housing Authority, developer. Zoned R-1, Low Density Residential District. Todd noted the Board had been provided with the minutes from the Planning Commission meeting of August 18 and encouraged those who were to address the Board to keep this in mind as the Board has reviewed the minutes. 434.6 Mayor Todd asked the individuals who requested the appeal, George H. Abney and Wayne C. Jarvis, to make a statement. 434.7 Wayne Jarvis, Pastor of Trinity Methodist Church, said he was speaking for people who are home owners in the area who want to preserve the single-family concept of their neighborhood. He said they first heard of this three weeks ago and got the details last night for the first time; that people who are opposed are frustrated because they feel their opinions are not being heard. He said they had three concerns: 1) there is still the issue of drainage; that the property in question is on a small knoll which slopes away from the corner of Garland and Sycamore practically in all directions; that the Planning Commission has not addressed this issue; that parking space for four buildings (20 autos) would require quite a bit of paved area and more drainage; 2) Garland Avenue has a lot of traffic; this development would involve half of these autos exiting on Sycamore; Sycamore would need to be paved and widened; there is a knoll on Garland past the intersection of Garland and Sycamore and the intersection turning west on Deane is very dangerous. He said one of the parking lots exits onto Garland almost opposite the dead end of Deane Street; the whole question of increased traffic on Garland needs to be addressed; and 3) the whole intent is to house low-income people --people employed in the lowest income jobs in Fayetteville. He said those jobs are not available on the north side of town and the people would have to be "literally imported" from other parts of town in order to fill these units. He said there are other areas of town with large enough lots that could be used for such a project that would meet HUD criteria. He said there is still a question as to what will happen to the remaining property to the north --would this HUD development be extended north? 1 8-19-80 •'George Abney introduced Attorney Jim Rose who said that the neighborhood is "5435.1 C1'�` pflally of single family and older homes with families who have been there t Yfor, manylyeats. He asked that the Board help maintain the integrity of the neighbor- s hood,= In answer to Jarvis, City Attorney McCord clarified that the PUD ordinance does 435.2 require that public streets within a PUD be constructed to City standards which include ..- . storm drainage and also includes a provision for private streets for storm drainage approved by the City Street Superintendent; under the ordinance, off-site requirements in subdivision regulations would apply to Garland and Sycamore Streets; with regard to drainage onto private property, the PUD ordinance does not include this. McCord said he plans to meet with Larry Wood about this. Abney asked what assurance they would have with regard to maintenance of the 435.3 buildings. He also brought up the point he made about the dangerous intersection. Carolyn Wilder, a member of Trinity Methodist Church, said she was speaking for 435.4 CD herself and many members of the church. She said they are a church concerned with the O poor and disadvantaged and outlined the social services the church provides, but "we CO do not see the need for putting in public housing right at our church door." She said 0 they were led to believe the units would be occupied by "little old ladies" and if this Q were the case they would not say anything, but as long as this is a federally -funded program "we" will have no control over who lives there. She asked what kind of people Q are coming into these units; what will our tax dollars be used for --"to bring deteri- oration and blight to our area, an area of established homes and a lovely church?" She said too many of these people are of a different cultural background; their values are different from ours; their ideas on sanitation are different from ours; and in many cases they do not take the responsibility of caring for their homes. She said that many of the church members would be affected, as Dr. Abney has said. She said they were told some of these units would have two bedrooms, but her question is "how IIImany matresses are going to be brought into those two bedrooms?" She said she heard that part of the "disguised plan" is to bring in foreign students and asked "are these Iranians whose funds have been cut off? Are these the Cubans down at Fort Chaffee who have not been placed yet?" She said their area would be changed if this public housing is allowed to come in, so "not only all of the members of our church are going to be affected, but the life of our church is going to be affected as well." Jim Vizzier, representing Fayetteville Housing Authority, explained the concept 435.5 of "scattered site housing" and said the idea is to break the housing projects into small groups that blend into the neighborhood so that they have the same character of the neighborhood with no impact greater than a private project would have on the same property. He said last spring they started looking for sites where land was already improved so that improvements would not be required and narrowed 150 sites down to 30. These 30 sites were evaluated by HUD for general facilities such as shopping, transportation, churches, etc. Many of these sites were rejected because they didn't meet these requirements. He said this was finally narrowed down to five sites. He said the two under consideration tonight are two of the larger sites and with regard to physical characteristics they are in character with the surrounding area. He said there would be 7 units per acre or 10 bedrooms per acre. He said the open space on one unit is 70 percent; the other unit is 80 percent open. He said these sites are required by HUD (site planning and building design) to be designed to meet all surface drainage requirements so the impact would be no greater than is already there or that a private development would have. He said the fact that it is public will not affect the physical aspects at all. 435.6 Chad Kumpe, representing Fayetteville Housing Authority, said Fayetteville currently has 136 one -bedroom units managed by the Fayetteville Housing Authority; 134 of these are occupied by the elderly or handicapped, and he outlined the average incomes of these people (Planning Commission minutes). He said there are currently 36 people on the waiting list and that it is anticipated that most of the residents of this type of housing stay up to 20 years and usually retire there on fixed incomes. He also clari- fied that the Fayetteville Housing Authority will be responsible for maintaining the units. 8-19-80 436.1 4 3 6 Director Lancaster said Fayetteville has favored public housing; this Board has favored public housing; and he has favored public housing --what he is not in favor. of is pbulic housing which disturbs and tears up the neighborhood. He said he thinks we could have built all the units being discussed now in Fayetteville without creating any problems as we have done this before. 436.2 Chad Kumpe said that some of the problems we have in public housing are because of what was dore before --the high density, 11.7 people per acre is too high. 436.3 Lloyd Seaton, Commissioner of Fayetteville Housing Authority, said they feel this is a workable plan and the Board should recognize the thought and planning of over two years time that has gone into this. He said they were trying to avoid impacting any area with too high of a density. He said of two available options for the City of Fayetteville, scattered site housing made more sense He said that with 52 single sites there would have been too many problems. He said there would not be a problem with drainage and traffic. He said with respect to job availability, one of the criteria is location of transportation; U of A farms employ a great number of people at minimum wage; the U of A employs a great number of people in different capacities who would be eligible; it is true that some may be students and that some might be different --Irish, Polish, or black --but, they'll be citizens who need housing and who will be responsible. He said this would be a useful addition and service to Fayetteville. 436.4 In answer to Noland, Vizzier said these units would use facilities that are already there, such as water, sewer, and streets. He said aside from social considerations, physically this development would probably be better than what most developers would build, as it will have open space with lawns, gardens, trees, drainage, and a design building. Noland asked about other facilities such as schools, stores, etc., and Vizzier said in the original study they looked into shopping, schools, churches, trans- portation; this does have shopping reasonably close, a bus line, streets; and the school board has indicated they could stand additional enrollment at Happy Hollow easier than the others. He said there would be no more impact on this than if individual lots were purchased and built upon. 436.5 In answer t, Osborne, Kumpe said responsibility for lawn care and maintenance at Willow Heights and Lewis Plaza was the Housing Authority's; with respect to questions from Colwell, Kumpe explained that property values would be affected less with low density and that problems that have been experienced at other public housing sites have been a result of the surrounding neighborhood rather than the units themselves. 436.6 Robert Windham, Chairman of the Fayetteville Housing Authority, said they have selected five sites altogether that are scattered around the community and that the other three sites were zoned R-2. He said they specifically instructed the architect to stay within R-1 guidelines in order not to hurt any neighborhood. He said we all know the problems that go along with high density and that these people deserve as much opportunity to be a part of the neighborhood and of the community as the Housing Authority can provide for them. He said it is not economically or administratively possible to build 52 single units. He said this is a community problem and a community need. Everyone wants it in someone elses neighborhood. He said they have selected the sites that most adequately fit the requirements of HUD and the Housing Board. He said they worked for a year and a half on a turn key project that was thrown out because HUD would not approve it. He said the Housing Authority is an entity of Fayetteville and the housing project will belong to the City, but this money will be borrowed and must be paid back. 436.7 In answer to Todd, Kumpe said if these two sites are not approved we will only lose the units on those two sites. 436.8 Noland asked if the Housing Authority was aware that the Planning Commission and the City Board had turned down R-2 zoning twice in the last 3-4 years on this site, and Windham said they were. Noland said the effect on the property values and on the neighborhood would be exactly the same as if the Board would agree to rezone the property R-2. 8-19-80 Windham said they only considered R-1; that the impact might be the same as 437 437.1 rezoning R-2 if they had considered R-2 densities. Hailey said they were aware it had been turned down twice, but at the last rejection in February two members of the Planning Commission other than himself suggested it would be a good usage for a PUD development because of the density and because it would be compatible with the neighbor- hood. He said it had been denied before because it was almost 4 acres under R-2 zoning and could have had 60-80 apartments on that parcel which would have been too dense. He said there have been several sites they have had oral agreements to purchase, but have not been able to get the money from HUD for the options. As a result, a number of the agreements have been withdrawn and purchased by other people. Director Henry said she did not feel that one neighborhood should have to accept 437.2 all 52 units and that our country was founded on accepting and helping others. Director Sharp said he agreed with the concept of scattered housing and moved to 437.3 deny the appeal. The motion was seconded by Henry. Director Noland said if this is approved it would be difficult to reject R-2 437.4 zoning because this would have the same impact as rezoning from the standpoint of future development to the north. Director Osborne agreed and said the Board is being incon- sistent because a few months ago they denied R-2 rezoning even though the petitioners offered a Bill of Assurance to limit the units. He said that based on the neighbors wishes, the geography, the problem of the drive, lack of parks and shopping, lack of sufficient jobs in the area, preservation of neighborhood character, and the R-1 area, he would vote to approve the appeal. Mayor Todd called for a vote on the motion to deny the appeal and it failed 2-5, 437.5 with Directors Sharp and Henry voting in the minority. Director Osborne, seconded by Lancaster, moved to grant the appeal and upon roll 437.6 call the motion passed 5-2, with Directors Sharp and Henry voting in the minority. PUD APPEAL/HAPPY HOLLOW COURT/WEST SIDE OF HAPPY HOLLOW ROAD 437.7 Mayor Todd introduced an appeal of a decision by the Planning Commission to approve the Concept Plat of Happy Hollow Court, a Planned Unit Development, to be located on the west side of Happy Hollow Road and north of 4th Street; Fayetteville Housing Authority, developer. Zoned R-1, Low Density Residential District. Richard H. Seddon requested the appeal. The Board was provided with a copy of Seddon's letter requesting the appeal in 437.8 addition to his comments provided in the minutes of the Planning Commission meeting. Seddon said the comments in the letter were an attempt to gain an audience and he 437.9 passed out a plat of the area showing the relation of the homes to the proposed project. He said he feels that the details of the Happy Hollow project have not been addressed at all. He said all homes shown on the plat are all owned by residents living in them except one. He said this neighborhood is more agricultural oriented than its present zoning, R-1, because all homes sit on one or more acres --that the proposed property has cattle on it now. He said that Happy Hollow School is overcrowded because he had received a request from the school two of the three years his daughter attended the school asking if they would consider sending her to another school. He said there is a 4 -inch sewer going down Happy Hollow Road and said he did not think the line could handle the increase that this project would put on it for proper sewer drainage. He said he was unclear about the water situation because he was only informed that it was "adequate." He said he didn't think anybody could guarantee anything, because he didn't think it had been managed very well in this proposal. He said the street definitely needed some attention, although they did have a paved street. He said the residents were so glad to have the paving that they have kept it brushhogged and maintained. He said the street is not crowned. He said the street is located at the bottom of an eastern exposure hill. Happy Hollow Road is a dead -in road --those three facts make it almost impossible to travel that road in the winter when there is any frozen moisture on it. He said the street which is now 20 ft. wide should be widened for such a project. He said that sidewalks would also have to be put in there because presently everyone walks 8-19-80 4i'ngthe street; trees would have to be cut down for the sidewalks; therefore, the aesthetics of the neighborhood with regard to trees would be totally "wiped out." He said the grouping of houses makes the project totally alien to the environment. He said the people out there take pride in their single-family homes and that it is logical that people who do not own their own homes will take good care of their homes because they don't have to. He said that one of the biggest arguments for the disapproval of this project in this area simply is the fact that the people don't want it. 438.1 Charles Pope, 1632 E 5th Street, said this project will mean a 25 percent increase of families in that area which will bring an increase in traffic. This is not a good situation because out there the children play in the street as there are no sidewalks; you literally have to weave your way around this narrow street; this will be very dangerous for the children walking to school. He said there is also a drainage problem which will create a traffic hazzard around Happy Hollow and Huntsville Road. 438.2 Director Noland moved to grant the appeal. The motion was seconded by Lancaster. Upon roll call the motion passed 5-2, with Directors Sharp and Henry voting nay. LEASE AUTHORIZATION/PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. 438.3 Mayor Todd introduced a resolution authorizing the execution with the Project for Victims of Family Violence, Inc One of the Block Grant program was the acquisition of a structure for use as of domestic violence. Such a structure is in the final stages of lease agreement outlines the terms under which the structure will and operated by, the Project for Victims of Family Violence, Inc. 438.4 The City Attorney and Community Development Director outlined the necessary changes to the contract. 438.5 Director Colwell, secorded by Osborne, moved to authorize the lease agreement. Upon roll call the motion passed unanimously. RESOLUTION NO. 86-80 APPEARS ON PAGE a° )0F ORDINANCE AND RESOLUTION BOOK X . TAXICAB APPLICATION 438.6 Mayor Todd introduced a request by Mildred Barnes for a Certificate of Public Convenience & Necessity to operate a taxicab company. 438.7 Director Lancaster said that with the present cab service and the public transit system he sees no need for another cab service at this time. 438.8 Director Lancaster, seconded by Colwell, moved to deny the application. Upon roll call the motion passed unanimously with one abstention. Director Osborne said he was abstaining because he was involved in litigation involving a party with an interest in this application. The Mayor declared the motion passed and the application denied. of a lease agreement items in a recent CD a shelter for victims acquisition, and this be made available to, 438.9 SIGN APPEAL/GOFF-McNAIR MOTOR CO., INC. 438.10 Mayor Todd introduced an appeal from the literal provisions of the Sign Ordinance for two existing signs located at 335 North College Avenue by petitioner Goff -McNair Motor Co., Inc. Zoning District: C-2 "Thoroughfare Commercial". The variance requested for Sign #1: Permission to allow an existing 72 sq. ft. free-standing sign to be altered so as to place it at a 15 ft. setback from North College Avenue. The Ordinance requirement for Sign #1: 40 ft. setback for a sign of this size unless the Board determines that strict enforcement would be unreasonable. The variance requested for Sign #2: Permission to allow existing roof sign to remain or Board determination that the sign in question is not a roof sign. The Ordinance requirement for Sign #2: Roof signs must be removed unless the Board determines that strict enforcement would be unreasonable. 438.11 In his appeal of Sign #2 petitioner stated that this projection is an integral part of the building and, therefore, the roof line is at the top of this projection. 438.12 Charles McNeal, owner, explained that the only solution for Sign #1 is to move it back, but if it is moved back any further it will interfere with maneuvering 1 1 8-19-80 within the lot. After a short discussion on the various alternatives for Sign #1, it was decided that he should come back to the Board requesting one of these alternatives. Director Henry, seconded by Sharp, moved to deny the requested variance for Sign 439.1 #1. Upon roll call the motion passed 6-1, with Director Colwell voting in the minority. McNeal presented a blueprint showing this projection as an integral part of the 439.2 building and an affidavit attesting that this projection was built at the same time as an integral part of the building. Director Osborne, seconded by Colwell, moved to grant the variance for Sign #2 439.3 with the provision that the sign remain only as long as Golf -McNair remains at that location. Upon roll call the motion passed 5-2, with Directors Sharp and Todd voting nay. 439 WATER SERVICE/MT. OLIVE WATER ASSOCIATION Director Noland introduced a resolution authorizing an engineering contract and 439.4 the oversizing of a water line in connection with the provision of service to the Mt. Olive Water Association. The City Engineer had recommended in a memo to the Board that 1) the execution of a contract with Cowdrey and Associates for engineering services relating to the construction of an 8 -inch and 6 -inch water line within the Fayetteville service area to serve the Mt. Olive Association; and 2) that the City Board approve oversizing of the line to an 8 -inch as shown on the plat (attached in agenda). The estimated cost of the oversizing, including engineering is $25,000. This amount would have to be budgeted in the 1980-81 year. All other costs associated with the construction of the line to serve the Mt. Olive Association would be borne by the Association in the form of a "tie -on" fee. Mayor Todd expressed concern that the City maintain some control of septic tank 439.5 installation as it extended service beyond the City's planning area. He said he did not want to encourage people to move out of town --that before water is extended to new areas, there should be some reasonable rules controlling development. He said he thought that where the City provides water service, the users should be under the same rules as Fayetteville residents. Director Henry, seconded by Osborne, moved to authorize the execution of the 439.6 engineering contract contingent upon final approval by Mt. Olive Water Association and by the Fayetteville Board of Directors of a water supply contract between the City of Fayetteville and Mt. Olive Water Association. City Attorney McCord pointed out that Section E (1) under Provisions of the contract involving litigation or arbitration under law; Director Henry, seconded by Osborne, moved to amend this section on litigation or arbitration fees. Mayor Todd called for a vote on the amended motion and up passed unanimously. Article IV, General 439.7 expenses was not required the motion by deleting on roll call the motion 439.8 RESOLUTION NO. 87-80 APPEARS ON PAGE 3 j5LOF ORDINANCE AND RESOLUTION BOOK x . GARLAND AVENUE SIDEWALKS City Manager Grimes said that a $3,000 right-of-way agreement has been worked out 439.9 with the property owner on Garland to allow construction of a sidewalk along the west side of North Garland Avenue between North and •Cleveland Streets. Grimes said construc- tion could begin as soon as a crew becomes available to do the necessary grading and that money is available for the project. Director Henry, seconded by Osborne, moved to authorize the settlement. Upon roll call the motion passed unanimously. BID AWARD/FORMS BURSTER AND SEPARATOR/FINANCE DEPARTMENT It was the Finance Director's recommendation that Bid No. 435 for both the forms burster and separator be awarded to the low bidder, Standard Register Company of Fayetteville. Funds for this equipment are included in the 1980 Revenue Sharing Budget. 439.10 439.11 8-19-80 440 440.1 Director Osborne, seconded by Henry, moved to authorize the bid award as recommended. Upon roll call the motion passed unanimously. STRUCTURAL ENGINEERING STUDY/CITY HALL 440.2 Administrative Assistant McWethy said that a structural engineering study of City Hall is needed to determine the condition of the building and that the esti- mated cost is $1,000 to $1,200. There was no opposition expressed. PARKING LOT LEASE/POLICE DEPT. 440.3 City Manager Grimes asked for authorization to negotiate a lease agreement with Ken Lazenby for a parking lot across the street from and south of the police station. He said the lease was requested by Bob Jones, Police Chief, so that employees could park on the lot and free up the lot north of the police station for visitors to the police station or Municipal Court. He said the lease agreement would be for one year and cost $100 per month. 440.4 Director Osborne, seconded by Lancaster, moved to authorize the lease agreement. Upon roll call the motion passed unanimously. RESOLUTION NO. 88-80 APPEARS ON PAGE 3 I2 OF ORDINANCE AND RESOLUTION BOOK X . 440.5 MASTER SIDEWALK PLAN AMENDMENT/APPLEBY ROAD Director Colwell said the Master Sidewalk Plan shows sidewalks on the north side of Appleby Road and it is the Street Committee's recommendation to amend the Master Sidewalk Plan to put sidewalks on the south side of the street because of a previous commitment with the developer. He said the property owners on the south side will be formally notified and this will be brought up at the next Board meeting. MAPLE/VANDEVENTER INTERSECTION 440.6 Director Colwell reported that the University Baptist Church had a list of things they would like to have done in exchange for the street right-of-way necessary to straighten out the jog at the Maple and Vandeventer intersection. While the work involved is more than is customarily done by the City in these cases, the cost of $1,800 is nevertheless roughly equal to the value of the right-of-way acquired. Among the work requested by University Baptist Church is the installation of a side- walk along Maple Street from Vandeventer to West Avenue; a walkway from the Family Life Center to Vandeventer and possible replacement of steps; replacement of sidewalks and retaining walls affected by the construction and painting them a buff color to match the church's buildings; and turn lanes permanently installed on Vandeventer. 440.7 Director Colwell moved that this list of trade-off items be authorized in exchange for the street right-of-way. Director Lancaster seconded the motion which passed unanimously. MINUTES 440.8 The minutes of the August 5, 1980 meeting were approved with the following correction: Under the item "CD Construction Contract/Paving of Whillock, East Farmers & Combs," Director Sharp pointed out that paragraph five, second sentence should read "Director Sharp noted that a majority, 11 out of 17 families, qualified on East Farmers;". 440.9 ADJOURNMENT There being no further business the meeting adjourned at 11:50 P.M. 1