Council to continue discussion on nuisance ordinance

The Conway City Council voted to hold off on adopting a proposed nuisance abatement ordinance after Tuesday night's public hearing.

Discussion of the ordinance will continue at the next council meeting.

Many of those who spoke were "car hobbyists" concerned that the ordinance, if strictly interpreted and enforced, would make it illegal to keep an inoperable car on their property regardless of the monetary or personal value it holds.

Don Searls, speaking on behalf of the Toad Suck Car Club, said "we just feel that if (this) ordinance is passed in the way it's written, it's going to hinder the younger generation from participating in our sport and hobby."

As the proposed ordinance is written, "no person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle, and/or trailer of any kind, which is wrecked or inoperable, whether attended or not, upon any private property within the city." Inoperable vehicles are defined in the ordinance as those "which cannot be driven upon the public streets for reason including but not limited to being unlicensed, uninsured, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power."

The existing ordinance exempts inoperable vehicles if they are being repaired on a weekly basis in a carport and kept covered when work is not being done. No such exemption exists in the proposed ordinance.

Other comments ranged from warning the council against the "slippery slope" of "big brother" laws to encouraging them to remember "less affluent" citizens who can't afford to have all their auto repair work done for them in a shop.

Jack Jumper said that the proposed ordinance sends lower-income families the message that "Conway is not the place for people like you."

Eric Bryant said he couldn't see a nuisance issue with a vehicle that's "covered up with a tarp and the area is clean around it and there aren't parts laying around in the yard" and Sarah Bryan said that if a vehicle was weather-tight and not in a great deal of disarray "what's the harm with it being parked on gravel or a paved surface" rather than in a carport while repairs are being made.

Steve Steppi of Vilonia said he lived in a city with a similar ordinance that, in his experience, wasn't always enforced reasonably.

"Unsightly, broke-down cars can be distressing to people ... but there could be a more reasonably way of dealing with these than this," Steppi said.

Bud Ward said he also once lived in a city with such an ordinance an urged the council to "tread lightly" and "keep close touch with code enforcers."

The code enforcement officers in questions were at the hearing but didn't stand up to represent their side of the issue. After the hearing, however, code enforcement officer Grant Tomlin conversed with several concerned citizens, assuring them the current code enforcement officers don't intend to use the strict language of the ordinance in every instance and that all law enforcement involves "officer discretion" and reasonable application of laws.

No one directly questioned the discretion of the city's current code enforcement officers at the hearing, but outside the District Court building, some pointed out that Tomlin couldn't speak for future officers.

An agenda item bringing the ordinance to a vote was removed before the hearing began.

In other business, the council held a discussion with developer John Pennington concerning his almost-five-acre strip of land on Country Club Road. The council last year denied Pennington's request to rezone the land from A-1 agricultural to R-1 residential in association with his plan to build several 1,300 to 1,500 square-foot homes. At a public hearing on the rezoning last year the council heard concerns from neighboring residents that the number of traffic entry and exit points would pose a pedestrian/traffic hazard among other fears.

Alleging that the council acted "arbitrarily and capriciously" in denying the request, Pennington sued the city unsuccessfully. He is planning an appeal in Arkansas Supreme Court, but in the meantime has drafted rough plans for a planned unit development (PUD) on the property.

Pennington told the council that he doesn't favor PUDs, which put much of the development under the control of the council, but if he could gauge the council's reaction to his new plans which involve an internal access road to reduce the number of traffic entry and exit points, an acre Pennington would be willing to give to the city for whatever greenspace park they saw fit and a portion to be zoned C-2 commercial and suitable for office-style commercial use, but not a gas station.

No council members gave Pennington a firm "yes" or "no," but the majority said they were open to the idea.

"It's five times fewer curb cuts," alderman Andy Hawkins said of Pennington's new plans, "but still twice as many as I'd like to see."

Alderman David Grimes said he had "no problem with the concept," but didn't want to see "a bunch of traditional duplexes and triplexes crammed in there."

Mayor Tab Townsell tasked Director of Planning and Development Bryan Patrick to "make whatever assumptions you can reasonably make" in interpreting what minimum and maximum densities can be made to fit the property and Pennington's proposal and report to the council at an upcoming meeting.

After the meeting, Pennington said he believed that whether or not his plans for the property come to fruition "will still come down to the opinions of the neighbors" at a future council meeting.

In other business, the council voted to approve:

The nomination of Judy Corcoran, Hal Crafton, Derek Harmon, Steve Hurd, David Nabholz and Steve Watts to the new Conway Building Code Board of Appeals (Conway residents are needed for two remaining vacant positions);

The nomination of Joyce Hardin and Richard Graff to the Conway Tree Board;

The nomination of Rod Miller to the Old Conway Design Review Board;

The city's annual asphalt bid of $60.70 per ton from The Rogers Group;

Traffic calming measures (speed humps) for Nottingham, Southwind, and St. John's subdivisions;

A resolution expressing the willingness of the city to utilize federal aid monies for the installation of a traffic signal at Highway 60 (Dave Ward Drive) at Country Club Road;

A resolution authorizing eminent domain procedures condemning certain real property located on the south side of the Union Pacific Railroad and east of Salem Road (also known as the Tiffany Industries property) for right of way for street improvements;

An ordinance amending Conway sign ordinance O-06-134 as related to prohibiting electronic billboards;

A resolution accepting the modification of the existing Class 1 Landfill by the City of Conway (adding a third vertical layer to the landfill to prolong its useful life by about 10 years);

An ordinance authorizing a change in staffing levels for the Sanitation Department;

An agreement with Independent Living Services enabling the city to provide occupational opportunities for ILS consumers;

Disposal of property at the Conway Police Department;

A $38,628 bid from Public Safety Systems for two outdoor warning sirens for the City of Conway;

A $23,754 bid from G and K Services for flame-retardant uniforms for the Conway Fire Department;

And a $1,775 bid from Pro Fire Equipment for turnout gear for the Conway Fire Department.

(Staff writer Joe Lamb can be reached by e-mail at joe.lamb@thecabin.net or by phone at 505-1238. Send us your news at www.thecabin.net/submit)