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HomeMy WebLinkAbout1984-03-06 Minutes335 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the City of Fayetteville was held on Tuesday, March 6, 1984 at 7:30 P.M. in Room 107 at the Center for Continuing Education, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Lancaster, Osborne, Orton, Sharp, Bumpass; City Manager Grimes; City Attorney McCord, City Clerk Kennedy ABSENT: Director Johnson CALL TO ORDER 335.1 The meeting was called to order by Mayor Noland, with Directors Osborne and Bumpass not yet present and Director Johnson absent. The Mayor asked for a moment of respectful silence. 335.2 335.3 335.4 EMPLOYEES OF THE MONTH Mayor Noland presented employees of the month for February, 1984 -- Carl Fitts, Sanitation Department, Sharon Lacey, Finance Department, and Keith Shreve, Street Department -- with a certificate and a check for $150 and noted the comments about the outstanding performance of the three employees by their supervisors. FIRE EXITS Mayor Noland introduced further consideration of an ordinance amending the City Code by requiring the exterior labeling of emergency exit doors. The ordinance was left on third reading at the February 21st Board meeting for further clarification by the City Attorney regarding whether "ten feet" means straight out from the door and/or from either side of the door. City Attorney McCord pointed out some clarifications which have been made to the originally drafted ordinance, following discussions with the Assistant City Manager. McCord explained the revisions, as follows: that "no parking within ten feet of fire exit at any time" has been changed to "no parking in front of fire exit at any time"; the original ordinance did not include a prohibition against parking in front of the fire exit, so a sentence has been added making it unlawful to park in front of the posted fire exit. 1 1 1 3-6-84 Director Sharp, seconded by Osborne, made a motion to adopt the amendments and place the ordinance on third and final reading. Upon roll call, the motion passed, 5-0, with Director Osborne now being present. • In answer to Director Orton, the City Attorney explained the purpose of the ordinance is to prevent obstruction by preventing parking in front of the exit doors. Upon roll call, the ordinance passed, 5-0. ORDINANCE N0. 2985 APPEARS ON PAGE 9,? OF ORDINANCE AND RESOLUTION BOOK XVI PERSONNEL POLICY AND AFFIRMATIVE ACTION PLAN 336 336.1 336.2 Mayor Noland introduced review and approval by the Board.of certain 336.3 amendments to the City's personnel policy and affirmative action plan. Director Orton asked if any City employees had been involved in or informed about any of these changes. City Manager Grimes stated the employees had not been involved but that the changes were relatively minor. Grimes noted the basic change had been to pin down the period of time an employee may remain off work after being released by a physician to return to work. Grimes pointed out the City's policy is a liberal one, in that an employee is given two months to return to work after a doctor's release. 336.4 Director Lancaster, seconded by Osborne, made a motion to pass a resolution 336.5 of approval. Upon roll call, the motion passed, 5-0. City Manager Grimes requested Board consideration of the updated Affirmative Action Plan. City Attorney McCord noted this approval would be included in the wording of the resolution just passed. RESOUJTION NO. 34-84 APPEARS ON PAGE 25) OF ORDINANCE AND RESOLUTION BOOK )(ViI` REZONING PETITION R84-1/941 MT. COMFORT RD. Mayor Noland introduced an ordinance rezoning 0.17 acres west of N. Oakland Avenue, between Mt. Comfort Road and North Street from R-2, Medium Density Residential to C-1, Neighborhood Commercial. The Mayor noted the Planning Commission voted 5-3 to approve the rezoning. 336.6 33°i 3-6-84 337.1 The City Attorney read the ordinance for the first time. Director Osborne, seconded by Noland, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 5-0. The City Attorney read the ordinance for the second time. Director Osborne, seconded by Sharp, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 5-0. The City Attorney read the ordinance for the final time. Mayor Noland asked if there was anyone in the audience who wished to speak against the ordinance. There was no response. 337.2 Director Sharp asked if the petitioner wished to build an office. A gentleman in the audience, speaking for the petitioners, stated the intent was to use an existing building as an office. He stated also the reason for requesting C-1 rather than R-0 is because under C-1 zoning, parking is permitted up to the right-of-way and he has a small lot. Director Sharp noted a variance could be granted on the setback; that the Planning Consultant had recommended R-0 as a buffer; and that the Planning Commission was divided in their vote, having first voted 4-4 to deny the petition. Director Osborne stated he supports the recommendation of the Planning Commission to approve the rezoning. Upon roll call, the ordinance passed, 5-1, with Director Bumpass now present and with Director Sharp voting against the ordinance. ORDINANCE NO. 2986 APPEARS ON PAGE % OF ORDINANCE AND RESOLUTION BOOK XV/ 337.3 337.4 REZONING PETITION R84-2/2006 MISSION BLVD. Mayor Noland introduced an ordinance rezoning 6.07 acres north of Mission Boulevard, approximately 125 feet east of Lisa Lane, from R-1, Low Density Residential to P -I, Public Institutional. The Mayor stated the Planning Commission voted, 6-2, to approve the rezoning. The City Attorney read the ordinance for the first time. Mayor Noland, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0, with Director Johnson absent. The City Attorney read the ordinance for the second time. Director Osborne, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the final time. Mayor Noland asked 1 1 1 1 3-6-84 if anyone in the audience wished to speak against the rezoning. There was no response. With no questions from the Board, the ordinance passed, upon roll call, by a vote of 6-0. ORDINANCE NO. 2987 APPEARS ON PAGE 9, OF ORDINANCE AND RESOLUTION BOOK XVI REZONING PETITION R84-3/492 N. WEST AVE. Mayor Noland introduced an ordinance rezoning 0.25 acres at the southeast corner of W. Lafayette Street and West Avenue, from R-0, Residential Office to C-3, Central Business Commercial. Mayor Noland stated the Planning Commission, voting 5-3, recommended approval of this rezoning, subject to a Bill of Assurance. The City Attorney read the ordinance for the first time. Mayor Noland, seconded by Osborne, made a motion to suspend the rules and place the ordinance on second reading. Director Osborne commented that he agrees completely with the Planning Consultant's point that "establish- ment of C-3 zoning at this location could set a precedent for the extension of this zoning north on West Avenue and east on West Lafayette Street", which Osborne stated he opposed, but not with a Bill of Assurance on this particular lot. In answer to Director Lancaster, the Mayor explained that the intent of the Bill of Assurance is that, if the property is ever sold or if the use of the property should ever change, the zoning would revert back to R-0. In answer to Director Orton, the petitioner, Eric Lloyd, explained the Planning Administrator recommended he request C-3 zoning because it would be more appropriate in light of the setback requirements. He stated also the fact that his bike shop and an apartment house are on the same lot has created a conflict. Director Osborne noted that C-3 zoning with the Bill of Assurance would only allow Lloyd to expand the bike shop. Upon roll call the motion to place the ordinance on second reading passed, 6-0. The City .Attorney read the ordinance for the second time. Director Osborne, seconded by Sharp, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the final time. 333; 338.1 338.2 338.3 338.4 338.5 33; 3-6-84 339.1 In answer to Director Bumpass' questions regarding how the apartment house enters into the request for rezoning, Director Osborne stated he suspected the petitioner doesn't want to go through a large scale development process to divide the lot on which both the bike shop and the apartment house are located. 339.2 City Attorney McCord explained that, under the present R-0 zoning, expansion of non -conforming uses is prohibited by the Zoning Ordinance (the bike shop is a nonconforming use in the R-0 zone). McCord explained also the Board of Adjustment has jurisdiction over the granting of variances from setback requirements but under Arkansas law, a municipality cannot grant a variance to permit a prohibited use. McCord noted the Ordinance itself can be amended to eliminate this type of requirement but a policy decision would have to be made to permit an expansion of non -conforming uses under certain circumstances. McCord stated a committee of the Planning Commission is presently studying possible amendments to the Zoning Ordinance. Director Bumpass suggested the Board could pass a resolution asking the Planning Commission to review this issue. Upon roll call, the ordinance passed, 6-0. Director Sharp commented that the Board's action should not set a precedent. ORDINANCE NO. 2988 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK XV/ 339.3 Director Bumpass, seconded by Osborne, made a Commission review this situation and perhaps as cumbersome as this one. Director Orton Assurance have been used lately, in rezonings, out the difficulty with the ordinance as it the motion passed, 6-0. RESOLUTION NO. 35-84 APPEARS ON PAGE d 2 4 OF BOOK )( V i t ( REZONING PETITION R84-4/DRAKE & GARLAND motion that the Planning provide a vehicle not noted several Bills of which she stated points exists. Upon roll call, ORDINANCE AND RESOLUTION 339.4 Mayor Noland introduced an ordinance rezoning 2.2 acres at the northwest corner of Drake Street and N. Garland Avenue from A-1, Agricultural to C-2, Thoroughfare Commercial. The Mayor noted the Planning Commission voted, 8-0, to approve the rezoning. 339.5 The City Attorney read the ordinance for the first time. Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the second time. Director Bumpass, seconded by Osborne, made a motion to further 1 1 1 1 3-6-84 suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the final time. Mayor Noland asked if anyone in the audience wished to speak against the rezoning. A member of the audience noted the property is 2.86 acres rather than 2.2 acres. Director Osborne, seconded by Bumpass, made a motion to amend the ordinance to show 2.86 acres. Upon roll call, the amendment passed, 6-0. 340 340.1 340.2 With no comments from the audience and with no questions from the 340.3 Board, the ordinance passed, upon roll call, by a vote of 6-0: ORDINANCE NO. 2989 APPEARS ON PAGE /03 OF ORDINANCE AND RESOLUTION BOOK )(IA REZONING APPEAL/W. SYCAMORE & N. VANDEVENTER Mayor Noland introduced an appeal of a decision of the Planning Commission t o deny (by a 7-1 vote) rezoning petition R84-5. Noland explained this petition was to rezone 4.84 acres at the southeast corner of W . Sycamore Street and N. Vandeventer Avenue from R-1, Low Density Residential to R-2, Medium Density Residential. There was no one present to represent the petitioners, Charles and Adelaida Blauw. Mayor Noland asked if anyone in the audience wished to speak against the rezoning. Janet Richardson, resident at the corner of Sycamore and Green Valley, stated when her home was built in 1971, there was a dirt street, and the residents formed an improvement district to pave it. She noted that since then a traffic light and apartments have been added to the neighborhood but asked the Board to deny this appeal and preserve the residential character of the neighborhood. Richardson pointed out there was a time when hours would pass before a car would go by and now you can't count five seconds without a car passing. Mayor Noland stated he had received a note from an adjacent property owner who could not be present but who wished to state his opposition to the appeal. B rad White, resident of 1674 N. Gregg, stated the Planning Commission in the past had denied a rezoning petition for property to the south of his residence. He stated the traffic is so bad that he and his neighbor frequently have to call the Police Department because of t raffic accidents. He said sometimes it takes five minutes to back out of his driveway because the traffic is so bad. White stated he 340.4 340.5 340.6 340.7 341 3-6-84 341.1 objects to the construction of more apartments within 200 feet of his house. He stated he would have no objection to the construction of single family residences. 341.2 Director Lancaster, seconded by Bumpass, made a motion to deny the appeal. Upon roll call, the motion passed, 6-0. ALLEY CLOSING 341.3 Mayor Noland introduced a request that the Board close and vacate a north -south alley running north from Caraway Street, between Leverett and Storer; and an east -west alley running west from Leverett, between Caraway and Cleveland. 341.4 Director Sharp stated it was his understanding that the property owner does not necessarily want or need these alleys closed. Jeremy Hess addressed the Board, stating he was in the process of purchasing the property. Hess stated he submitted this at the request of City Street Superintendent Clayton Powell, who observed the alley running along the north of the property was being used for access into an apartment complex and the alley along the west side of the property was being used as a driveway. Hess stated it was Powell's feeling the City "was not in the habit of maintaining alleys for the use of access or private driveways" and it was his suggestion that Hess attempt to vacate the alleys so that the property owners would thereafter be responsible for maintenance of the alleys. Hess stated the additional 7 1/2 feet he would gain "makes no difference" to him. Mayor Noland asked if vacating the alleys would "landlock" any persons presently using the alleys for access. Hess replied he had no opposition to those persons having the access; that he is planning on building some apartments on the property and some persons living in the apartments might use the alleys for access also. 341.5 In answer to Director Sharp, City Manager Grimes stated the City does not normally maintain an alley unless it is improved, or unless Sanitation vehicles are using the alleys. Grimes proposed, however, if the alleys are vacated, that drainage and utility easements be retained. Hess stated he has contacted the utility companies and only the telephone company expressed a wish to retain a utility easement on the alley to the west. Hess stated his request includes the retaining of that utility easement. 341.6 Director Lancaster pointed out the normal procedure before closing an alley is to have letters on file from all utility companies. 1 1 1 1 342•6 3-6-84 Director Osborne made a motion to approve the proposal of the City 342.1 Manager. City Attorney McCord explained the closing of an alley requires an ordinance, which reserves an easement. Director Orton noted that a petition to vacate an alley is normally the required procedure. The City Attorney explained there are two statutory procedures for vacating alleys: (1) upon petition of all abutting property owners, or (2) by the Board finding that the alley or street in question is not needed for corporate purposes. Hess stated he had contacted the property owner to the•north but was not able to contact the property owner to the west. Director Bumpass suggested adjacent property owners should be notified by certified mail before passing an ordinance. Director Orton suggested also that the Board be contacted by Clayton Powell on this matter. Director Orton, seconded by Bumpass, made a motion to table consideration of the ordinance, pending notification of adjacent property owners. Upon roll call, the motion passed, 6-0. Mayor Noland stated the City staff would be responsible for the notification process. SIGN APPEAL/19 E. DICKSON STREET Mayor Noland introduced an appeal from the literal provisions of the Sign Ordinance for a sign to be located at 19 E. Dickson Street, submitted by First South Federal Savings and Loan Association. The Mayor stated permission is requested to erect a six square -foot, free-standing sign at a 19 foot setback from Dickson Street right-of-way. Noland stated the petitioner claims there is a tree which obstructs visibility of their existing wall sign and that they intend to occupy the building only for a year or a year and a half, at most. The Mayor also stated the petitioner had told him they wish to erect a sign similar to that being used by the law office across the street. Director Bumpass made a motion to deny the request. Bumpass stated there are walls signs already on•the north and east sides of the building and he thought it an inappropriate analogy to the sign across the street. Director Osborne stated he had been contacted by Vice President Don Giles who told him they intend to occupy the building for 24 months; that they have exercised their option to purchase the Hatfield property at the southeast corner of Dickson and College. 342.2 342.3 342.4 342.5 342.6 a4. 3-6-84 343.1 Director Orton pointed out that other variances which have been granted of this type have been for cases in which the sign is the only sign on the property. 343.2 Director Lancaster seconded the motion to deny the request. 343.3 Director Osborne stated a variance was granted for Heritage Federal Savings and Loan whose building has one wall sign for the Bank, one wall sign for McNair -Cravens and a sign for the automatic teller machine. 343.4 Upon roll call, the motion to deny failed by a vote of 3-3, with Directors Bumpass, Lancaster and Orton voting for the motion and Directors Noland, Osborne and Sharp voting against the motion. 343.5 Director Osborne, seconded by Bumpass, made a motion to table the request until the next meeting when seven Board members can be present. Upon roll call, the motion to table passed, 6-0. TELEPHONE TAX 343.6 Mayor Noland introduced an ordinance revising the way in which the annual payment the City receives from Southwestern Bell Telephone Company is computed. 343.7 The City Attorney noted the ordinance 1s identical to the existing ordinance, except for the change in the special tax and some changes h e has recommended in Section 1. The City Attorney read an amendment to the existing ordinance, stating the amendment in Section 2 will provide that the payment shall be 4% of the access line billing or $137,048 (the present amount), whichever is greater, to guarantee t he existing amount. The City Attorney distributed copies of the amendment to Section 1, which would require relocation of the company's facilities, at their expense, when necessitated by street improvements. The City Attorney noted that Director Lancaster has suggested the ✓ eference to "public grounds" should be stricken, as the company's statutory franchise gives telephone companies the right to place their facilities in rights-of-way but is not as inclusive as they would have it in the ordinance. 343.8 The City Attorney for the first time. a motion to suspend Upon roll call, the read the ordinance amending the existing ordinance, Director Lancaster, seconded by Bumpass, made the rules and place the ordinance on second reading. motion passed, 6-0. The City Attorney read the 1 3-6-84 ordinance for the second time. Director Lancaster, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the final time. Mayor Noland asked if the provision in Section 1 regarding "obstruction of the streets" is a provision in other utility ordinances. McCord stated it is included in one for Arkansas Western Gas Company but other utility ordinances have not been modified in recent years. He said it would hereafter be his practice to include that provision as a matter of course, in view of law passed down by the Arkansas Supreme Court. Director Orton asked if the telephone company or any utility companies check with the City when they determine where they wish to locate their lines along public rights-of-way. The City Attorney noted that the Board had recently recommended an ordinance which mandates where they be placed. Director Orton cited an instance where the telephone company had placed a concrete structure in one of the City's borrow ditches, causing it to be shallower when it actually needed to be deeper. The City Attorney stated if the ordinance to which he referred does not provide for prior approval by some City official before any new facilities are constructed, it can be amended. City Manager Grimes stated he thought the new ordinance does provide this protection and the City Attorney stated he would review the ordinance. Grimes noted also that the City meets with representatives from all utility companies once a year to outline plans on a master map in an attempt to eliminate any conflicts. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 2990 APPEARS ON PAGE Mv OF ORDINANCE AND RESOLUTION BOOK X1/I DRAINAGE RESOLUTION 344.1 344.2 344.3 344.4 Mayor Noland introduced a resolution to the Planning Commission expressing 344.5 the City Board's concern over drainage problems created by hillside and hilltop developments. The Mayor noted that examples of this concern were discussed at the last Board meeting and in Street Committee meetings. The Mayor noted the resolution is included in the agenda. Director Bumpass, seconded by Orton, made a motion to approve the 344.6 resolution. 34: 3-6-84 345.1 Mayor Noland explained this action is being taken to call attention to the fact that, when development occurs on hillsides and hilltops, drainage problems can be compounded for those living below the hill. 345.2 Upon roll call, the motion passed, 6-0. RESOLUTION NO. 36-84 APPEARS ON PAGE BOOK Mil OTHER BUSINESS French Drain Requirement 0275 OF ORDINANCE AND RESOLUTION 345.3 Mayor Noland introduced a request from the Street Department concerning french drains. City Manager Grimes explained this was included in the agenda for information only. He stated, before considering an ordinance for adoption, copies of the ordinance should be given to developers, contractors and others, for their review. Grimes said he had discussed the possibility of uniform street standards with the cities of Springdale and Rogers. 345.4 345.5 345.6 Resolution Opposing AP&L Financing of Nuclear Plants Mayor Noland introduced a request from the Arkansas Municipal League that cities enact resolutions opposing Arkansas Power and Light Company's financing the cost of nuclear plants in Louisiana and Mississippi. Director Bumpass, seconded by Orton, made a motion to pass such a resolution. Upon roll call, the motion passed, 6-0. Mayor Noland stated this resolution would be forwarded to the Arkansas Muncipal League, as well as to Senator Pryor and the Arkansas Public Service Commission. RESOLUTION NO. 37-84 APPEARS ON PAGE A OF ORDINANCE & RESOLUTION BOOK Will Advertising & Promotion Committee Meeting Mayor Noland announced the Advertising & Promotion Committee meeting of March 12 is canceled and will be re -scheduled for a later date. Additional Sales Tax Revenues Director Lancaster announced that $65,000 had been received from the State of Arkansas, from reimbursement of sales tax revenues, to help finance the cost of the Continuing Education Center building. Mayor Noland noted that Pine Bluff and Little Rock also received benefits 1 1 1 1 3-6-84 from additional sales taxes generated from events held in their community facilities which attract visitors from outside the region. Finance Committee Meeting • Director Osborne announced a Finance Committee meeting is scheduled for Tuesday, March 13, at 3:00 P.M. He noted that two agenda items have been scheduled -- (1) discussion of Municipal Court delinquent fines and (2) discussion of the independent study of the City Shop. Sidewalks Director Orton noted that the City has gone to great expense for sidewalk construction and she asked that those residents living along sidewalks exercise their responsibility to maintain the sidewalks - by sweeping gravel, picking up litter, keeping sidewalks clear for pedestrians, trimming shrubbery growing over the sidewalks, by repairing broken places in the sidewalks, and by not parking on the sidewalks. Director Orton also stated the City would begin employing an inspector who will check on sidewalk maintenance and issue citations when necessary. Nominating Committee Report Director Sharp reported on the Nominating Committee's recommendations for filling vacancies on citizen committees. Sharp presented the committee's recommendations, making a motion that these appointments be approved: Advertising & Promotion Commission: (Term Expires April 1, 1988) Board of Housing & Construction Appeals: (Term Expires April 1, 1989) Civil Service Commission: (Term Expires April 1, 1990) Historic District Commission: (Term Expires April 1, 1987) City Library Board of Trustees: (Term Expires April 1, 1990) John Burrow Neal Albright (Reappointment) John Watkins Thelma Manske Herbert Lewis, Jr. (Reappointments) Jane House 346\ 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 The motion was seconded by Director Osborne. 346.10 34( 3-6-84 347.1 Mayor Noland remarked there were many qualified applicants for the positions and, as usual, it was a difficult decision to select nominees. The Mayor expressed the Board's appreciation for the widespread appli- cations and encouraged applicants to re -submit their names when vacancies occur. 347.2 Upon roll call, the motion passed, 6-0. Master Plan For Flood Plain Areas in Industrial Park 347.3 City Manager Grimes requested Board consideration of authorization for the Parks Board to receive proposals for preparation of a Master Plan for use of the flood plain areas in the Industrial Park. 347.4 Director Bumpass, seconded by Lancaster, made a motion to approve, as requested by the City Manager. Upon roll call, the motion passed, 6-0. MINUTES 347.5 The following corrections were made to the Minutes of the February 21, 1984 Board meeting: 347.6 324.4 "Ortion" should be "Orton" 347.7 326.4 ",28" should be ".28" 347.8 With these corrections, the Minutes were approved as distributed. ADJOURNMENT 347.9 With no further business before the Board, the meeting was adjourned at 8:50 P.M. 40