HomeMy WebLinkAbout1966-05-02 Minutes40
roinance
No! 1497
The Board of Directors of Fayetteville, Arkansas, met in regular session on Monday, May 2, 1966, at 7:3
in the Council Room of the City Administration Building.
Present: Mayor Don Trumbo, City Manager Gerald Fox, City Clerk George J. Davis, City Controller Albert J
Jones, City Attorney Hugh Kincaid, City Planner James Vizzier, and Board Members: James Kerlin, Uoe McFe
Garland Melton,Jr., Arnold Christie, and Dale Dunn.
Absent: Director Sylvia Swartz.
The minutes of the regular meeting on Monday, April 18, 1966, a copy of which had previously been mailed
to each of the Directors, were approved as written.
The City Planner presented a petition to rezone.property on University Avenue just south of Center
Street from I -1F. Light Industrial District to C-1 Central Commercial District, for the purpose of
constructiprn a laundry and grocery store, which had been approved by the Planning Commission.
After a brief discussion the City A ttorney introduced and, at the request of the Directors, read a
proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINA^ICE
N0. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKA?FJAS, AP -1 -ROVED MAY 28, 1962, AS AMENDED,
TO REZONE CERTAIN R EAL ESTATE FROM I-13LIGHT INDUSTRIAL DIS^iRICT TO C-1 NEIGHBORHOOD COMMERCIAL I
DISTRICT, to -wit:"
Director Christie moved that the rule be suspended and the ordinance placed on the second reading.
The motion was seconded by Director Kerlin and passed unanimou"sly..
The ordinance was then read for the second time.
The Mayor then declared the ordinance open for discussion.
There being no discussion Director Christie moved that the rule be further suspended and the ordiance
placed on the third and final reading.
The motion was seconded by Director Melton and passed unanimously.
The ordinance was then read for the third and last time.
The Mayor then ask a question, "Shall the Ordinance pass"?
Upon roll call the following vote was recorded, "Aye" Kerlin, McFerran, Melton, Christie, Trumbo, and
Dunn. "Nay" Npne.
There being six�Ayesfand no�NaysN the Mayor declared the Ordinance passed.
ORDINANCE N0. 1497
AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND: REVISED ZONING DISTRICT MAP OF FA'..'ETTEVILLE,
ARKANSAS, APIROVED MAY 281, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I-1PLIGHT INDUSTRIAL
DISTRICT TO C-1 NEIGHBORHG'D. C0112iERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on April 19, 1966, on the petition of Dr. Edwin G. Dooley, requesting that said PlAnning
Commission recommend to the Foard of Directors of the City of Fayetteville, Arkansas, that the Board
of Directors enact qn ordinance rezoning the following described property, presently zoned I -1B
Light Industrial District, to 6-1 Neighborhood Commercial District, to -Wit:
Part bfirthe Northeast quarter (NE 1/4 ) of the Southwest quarter (SW 1/4) of Section 16, Towns'.
16 North, Range 30 West, beginning 947.7 feet East and 25 Feet Soth of the Northwest corner of
said forty (40) acre tract, THENCE South along the east side of University Avenue 214.5 feet;
THENCE East to the Railroad Right-of-way; THENCE Northerly Along the Railroad Right-of-way
to a point 96.2 feet due east of the point of beginning; THENCE hest to the point of
beginning, and Part of the Northeast Quarter (ISE; 1/4) of the Southwest Quarter (SW 1/4) of
Section Sixteen(16), Township Sixteen (16) north, Range Thirty (30) West, beginning at a
point on the east line of University Street 358.5 feet North of the center line of Futman
Street, THENCE North with the East line of University S.,reet 62.0 feet; THENCE East 102.0
feet to the Railroad Right-of-way, THENCE South along the Railroad Right-of-way 62.0 feet
to a point due East of the point of beginning; THENCE West 105.2 feet to the point of
beginning, all land situated in Washington County, Arkansas.
and,
WHEREAS,notice of said public hearing, setting'forth the date, time, place and purposes
of said hearing and location of property was published inthe Northwest Arkansas Times, a newspaper
of general circulation in said City, more than 15 days prior to said public hearing, and
WHEREAS, following said public hearing, said Planning Commission certified to the Roard
of Directors of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted
rezoning the above-described property which is presently zoned I=113 Light Industrical District to
C-1 Neighborhood Commercial District.
NOW, THEREFORE, FE IT ORDAINED, FY THE FOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION
1.
That
the
above-described
property
which
is presently
zoned I-lB Light
Industrial District,
to
and
the same hereby
isrezoned
to C-1
Neighborhood
Commercial District.
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect from and after its passage, approval and
publication.
PASSED, AND AFFROVE THIS 2nd day g May
APPROVED:
ATTEST:
GEORGE IS, CITY CLERK
The City Attorney introduced and, at the request of the Directors read a proposed oesolution in it entire
entitled " A RESOLUTION E%PRESSING THE INTENTION OF THE BOARD OF DIRECTORS OF THE CITE' OF FAYETTEVILLE.
TO ENW; C)THE SUBDIVISION REGULATIONS OF THE CITY OF FAYETTEVILLE, ARKANSAS, WITHIN THE CITYIS PLA"*SING
JURISDICTION OUTSIDE THE CORPORATE LIMITS OF THE CITY OF F AYETTEVILLE, ARKANSAS."
Director Melton moved that the Resolution be Adopted. The motion was seconded by Director Kerlin and pas
unanimously, whereupon the Mayor declared the Resolution adopted.
P.M.,
RKANSAS,
REA
Resolution
No.
21
RESOLUTION NO. 6-66
"A RESCLUTIORI EXPRESSING THE INTENTION OF THE POARD'OF DIRECTORS OF THE CIT" OF
FA`•'ETTEVILLE, ARKANSAS, TO ENFORCE THE SUBDIVISION RLnULATIONS OF THE CITY OF FAYETTEVILLE, ARKANSAS,
WITHIN THE GITY'S FLAMIINC. ARFA JURISDICTION OUTSIDE THE COR.FORATE LIMITS OF THE CITY OF
FAYETTEVITI,E, ARKANSAS.
,41HERE.AS, the City of Fayetteville, Arkansas, by virtue of Ark. Stats. Ann. Section 19-2827 (1965
Supp.) is authorized through its Planning Commission to establish the planning area jurisdiction
of the City of Fayetteville, Arkansas, including an area extending five (5) miles beyound the
corporate limits of the City, and
WHEREAS, as provided in said Act, the Planning Commission has designated the Planning area within
the Territorial jurisdiction of the City of Fayetteville, Arkansas, and such area is reflected in a
Planning Area Map, initially approved by the Flanning Commission October 7, 1958, revised February
3, 1959, and January 25, 19 6. A copy of the currect Planning Area Map is on file in the office of
The City Clerk and on file in the office of the Circuit Clerk and Ex -Officio Recorder of
Washington County, and
WHEREAS, as provided in Ark. Stats. Ann. Section 19-2828 (1965 Supp.), following a public hearing,
the Planning Conmission on May 5, 1959, adopted a Master Street Plan, and same was adopted by
Resolution Ido. 8059 of the City Council and duly filed Wilth the City Clerk and the Circuit Clerk and
Ex -Officio Recorder ofWashington County, Arkansas, on May 21, 1959: and following a public hearing
the Planning Commission adopted an amendment to said plan, and same was adopted by Resolution NO. 7'=60
of the City Council of the City of Fayetteville, Arkansas, and duly filed with the City Clerk and with
The Circuit Clerk and Ex -Officio Recorder. of Washington County on May 18, 1960, and
WHEREAS, as provided in Ark. Stats. Ann. Section 19-2829 (1965 Supp.), following a public
hearing, requlations governing the development and subdivision of 1"and, known as the Subdivision
Regulations, were adopted by the Planning Commission. on November 20, 1959, and were adopted by the
City Council by Ordiance No. 1245 of September 12, 1960, and duly filed with the Cit?- Clerk and with
the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, on December 12, 1960; and
following further public hearings and adcption by the Planning Commission, the City Council amended
said regulations by Ordinance No. 1273 of September 11, 1961 and Ordinance No. 1340 of February
25, 1963) which ordiances, together with implementing resolutions, are on file in the office of the
City Clerk and the office of the Ciruuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas, and
WHEREAS, in order to enforce said subdivision regulations Ark. Stats. Ann. Section 19-2829 (1965
Supp.) provides that the County Recorder shall not accept any plat for record within the territorial
jurisdiction exercised by the City as designated on the Planning Area Map without the approval
of the Planning Commission, and the Recorder of Washington County has advised the Board of Director of
his willingness to cooperate with the City in enforcing said regulation in the manner provided ina
said Act.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That from and after the 2nd day of May 1966 it is the intention of the Board of
Directors of the City of Fayetteville, Arkansas, in the interest of orderly development and
subdivision of the areas included in the territorial jurisdiction and designated on the aforeasid
Planning Area Map, to enforce the aforesaid Subdivision Regulations and implementing resolutions
within the Territorial jurisdiction as sesignated on said may.
SECTION 2. That all interested persons be hereby notified of this action, and that abffurther
inform the public this Resoltuion shall be published inrhole at least one time in a newspaper of
general circulation. in Washingtor;.Zounty, Arkansas.
PASSED AND APPROVED this 2nd day of May 1966.
AFFROVED:
ATTEST:
CEORGE J(57DS, CITY CLERK
Petition to abandon The City Attorney presented the petition from the University of Arkansas requesting that the City of
part of Fayetteville, Arkansas, vacate and abandon that portion of Maryland Street lying West of Stadium Road in
Maryland St. Oak Park Place Addition to the City of Fayetteville, Arkansas.
After a brief discussion, the City Attorney introduced and read a proposed resolution setting forth the
date, time, place, and purpose of a public hearing on this petition.
Director Christie moved that the Resolution be adopted. The motion was seconded by Director Melton and
I unanimously, whereupon the Mayor declared the Resoultion adopted.
Resolution I RESOLUTION N0, 7-66
No. 7-66
A RESOLUTION SETTING A HEARING ON A PETITION TO VACATE A FORTIORI OF A CERTAIN STREET IN THE CITY OF
FAYET'TEVILLE, ARKANSAS, AND FROVIDING FOR NOTICE OF SAID I4EAP..ING.
WHEREAS, a petition has been filed with the Board of Directors of the City of Fayetteville,
rkansas, by the Board of Trustees of the University of Arkansas, requesting the Board of Directors to
vacate and close the following described portion of Maryland Street in the City of Fayetteville,
rkansas, to wit:
That portion of Maryland Street lying West of Stadium Drive in Oak Park Place Addition to
the City of Fayetteville, Arkansas
NOW, THEREFORE, FE IT RESOLVED EY THE BOARD OF DIRECTORS OF THE CI7OF FAYF,TTEVIL%•E,
ARKANSAS:
That the
16th
day of
May, 1966,
is the
date
set
for the hearing
of the aforesaid
petition;
that
asid hearing
shall
be in
the Council
Room of
the
City
Administration
Building at 7:30
o'clock P.
M.
BE IT FURTHER RESOLVED that the City Clerk of the City of Fayetteville, Arkansas, is hereby
cted to give notice of such meeting by publication once a week for two consecutive weeks in the
hwest Arkansas Times, a newspaper having general circulation in the City of Fayetteville, Arkansas.
PASSED AND AFFROVED. this 2nd day of May 1966.
APPROVED:
DON 'RUMEC, JR., MA"OF
TTES :
FORCE B UIS, CITY CLERK
Options Director Christie reported that options had been received from several property owners for real estate f
received the right-of-way for Arkansas State Highway No. 16 Ey-Fass but that a few property owners had not agreed
on Hiway o sell for the amount offered by the City which was based on appraisal of this real estate by Real
16 jBypass state Agents. ^
Authorize After a long discussion, DlEector Christie moved that the City Manager be, and he is hereby authorized
City to notify the Arkansas State Highway Director that the City of Fayetteville has obtained these options
Manager for the right-of-way for the By-pass of Arkansas State Highway No. 16 and that the City will secure the
to1write other options by the time4Wmi4ffeeded.
Highway The motion was seconded by Director McFerrin and passed unanimoulsy.
Dept.
The City Controller reported that bids had been received and opened for the construction of the
Contract extension of the runway at the Airport. He further..reported that upon tabulation of the bids the low
fo�l bid was by Anchor Constrt:ction Co., Fayetteville, Arkansas, in the Total Amount of $48,381.72 and that
extension the Consulting Engineers had recommended the acceptance of this bid.
of Airport
Director Kerlin moved to accept the recommendation of the Consulting Engineer, J. E. McClelland and
award the Contract for the extension of the Airport Runway to the Anchor Construction. Co., Fayetteville,
Arkansas, for the total sum of $48,381.72 and that the Mayorr and City Clerk he and they are hereby
authorized to execute the contract upon the approval of the Contract and the &st and performance Bond
by the City Attorney and Consulting Engineer and evidence of proper insurance. TT
The motionras seconded by Director Dunn and passed unanimou3ly.
on
Prdject
BIDDER ADDRESS AMOUNT
Anchor Const. Co. Fayetteville, Arkansas $48,381.72
Brennan -Boyd Fayetteville, Arkansas 54,830.84
Fill Harris Const, Co. Fort Smith, Arkansas 66,450.10
Resolution
The City Attorney introduced and,at the request of the Directors, read a proposed resolution in its
No)
8-66
entirety requ6sbing that the University of Arkansas provide for certain planning services from the
Urban Renewal Administration Department of Housing and Urban Development. 1
Director Melton moved that the resolution be adopted. ci
The motionias seconded by Director Dunn and passed unanimously, whereupon, the Mayoru• the resolution
adopted.
RESOLUTION N0, 8-66
WHEREAS, the City of Fayetteville, Arkansas, recognized the need to insure its continued
proper and orderly growth, and
WHEREAS, City Planning is recognized as being of primary importance to the further growth
and development of the City of Fayetteville, and
WHEREAS, The University of Arkansas, as a state agency for planning assistance, can provide
the planning services and can apply for financial assistance from the 'Urban Renewal Administration -
Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE BGARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. The Board of Directors of the City of Fayetteville, Arkansas, hereby requests
that the University of Arkansas providesplanning services for the following planning program.::
The undertaking of basic planning studies pertaining to maps, land use, streets,
community facilities, development regulations, and the preparation of a topographic map.
SECTION 2. The City of Fayetteville willmake available upon the request of the University
of Arkansas, a sum not to exceed $15,000.00 toaid indefraying a portion of the cost of undertaking
the Above -stated planning program in the event the University's application for a Federal urban
planning assistance grant is approved.
PASSED AND AFrROVED this 2nd day of May, 1966.
AFPRO
lt�L
DO TRUIUBO, JR., MAYO
ATTEST:
1
L I