HomeMy WebLinkAbout1968-04-01 Minutes2551
Regular Meeting. The Board of Directors of the City of Fayetteville,.Arkansas, met in regular session on Monday, April 1,
1968, in the Directors Room in the City Administration Building at 7:30 P. M.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and
T.J.Keith, Directors: Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
N.W.Timesl News Absent: hone.
'Representative
also preIsent. The minutes of the regular meeting on Monday, March 18, 1968, and of the special meeting on Monday,
March 25, 1968, copies of which had previously been mailed to each of the Directors, were approved as
written.
The City Manager presented the petition of Ed Warmack requesting the rezoning of certain real estate
located on U. S. Highway No. 71 North in the City of Fayetteville, Arkansas, from R -P, Professional Offic
Residential District to C-2 Thoroughfare Commercial District, which had been approved by the Planning
Commission.
The City Manager then introduced and, at the request of the Mayor, read a proposed ordinance in its
entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF
FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -P PROFESSIONAL OFFICE
RESIDENTIAL DISTRICT, TO C-21 THOROUGHFARE COMMERCIAL DISTRICT".
Director Christie moved that the Ordinance pass.
The motion was seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye"
Ord. 1592 Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
"Nay" None.
(There being Seven "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1592.
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED MAY 283 1962, TO REZONE CERTAIN REAL ESTATE FROM R -P PROFESSIONAL OFFICE RESIDENTIAL DISTRICT,
TO C-29 THOROUGHFARE COMMERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
' Arkansas on Tuesday, Fevruary 20, 1968, on the petition of Ed Warmack, requesting that said Planning
Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of
Directors enact an ordinance rezoning the following described property, presently zoned R -P, Professional
Office Residential District, to C-2 Thoroughfare Commercial District, to -wit:
A part of the SE 1/4 of the Se 1/4 of Section 26, T -17-N, R -30-W, more particularly
described as follows: Commencing at a point 210 feet south of the NW corner of
said 40 acre tract, thence east 420 feet, thence north 30 feet, thence east 260
feet, for a beginning point; thence South 465 feet, thence west'140 feet; thence north 465 f
feet; thence east 140 feet to the point of beginning.
and
WHEREAS, notice of said public hearing, setting forty the date, time, place and purposes of said
hearing and location of property was published in the 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 Board of Directors
of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the
above-described property, presently zoned R -P, Professional Office Residential District to C-2 ThorouJhfa
Commercial District,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the above-described property, which is presently zoned R -P Professional Office
Residential District, be and the same hereby is rezoned to C-2 Thoroughfare Commercial District.
SECTION 2. That all ordinances or partau 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 APPROVED this 1st day of April, 1968,
APPROVED:
ATTEST:
DON TRUMBO, MAYOR
GEORGE tV, .VIS, CITY CLERK
The City Manager presented a petition from Garland Lierlv to rezone certain property Loacated at Inters
of Porter Road and Wedington Drive from R -IB Single Family Residential District to C-1 Neighborhood Com
District: he also presented the petition of Milton D. Davis to re zone certain propety from R -1B
Single Family Residential District to C-1 Neighborhood Commercial District, both of which, had denied
by the Planning Commission and were presented on appeal.
The City Manager then read a proposed Ordinances in its entitety for the first time entitled, "AN
ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED MAY 289 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAMILY RESIDENTIAL DISTRICT TO
C-1 NEIGHBORHOOD COMMERCIAL DISTRICT.
' Director Dunn then moved that the rule be suspended and that the Ordinance be placed on the second
reading.
The motion was seconded by Director Melton and upon roll call the following vote was recorded, "Ayes"
Kerlin, Melton, Christie, and Dunn. "Napes" Swartz, McFerran and Trumbo.
There being only four, "Ayes" and three "Naves", the Mayor declared the motion to suspended the rule
defeated for lack of two -third vote required to suspend the rule, therefore the Ordinance was left on
its first reading.
The City Manager the read a proposed Ordinance entitled, "AN ORDINANCE AMENDING Z014ING ORDINANCE NO.
Proposled 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN
Ord. left on REAL ESTATE FROM R -1B3 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT,
first reading
After a long discussion, Director McFerran moved to uphold the decision of the Planning Commission and
Proposed
deny the rezoning of the Lierlv Property.
Ord.
eft on
The motion was seconded by Director Swartz and u pon roll call the 3i £Mowing vote was recorded,
first
reading
"Ayes" Swartz, McFerran, Trumbo. "Nays" Kerlin, Melton, Christie, and Dunn.
Therebeing onlv(3)".thr.ee "Ayes" with four (4)"Nays" , the Mayor declared the motion defeated for lack
of a majority vote.
The City Manager then read a proposed Ordinances in its entitety for the first time entitled, "AN
ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED MAY 289 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAMILY RESIDENTIAL DISTRICT TO
C-1 NEIGHBORHOOD COMMERCIAL DISTRICT.
' Director Dunn then moved that the rule be suspended and that the Ordinance be placed on the second
reading.
The motion was seconded by Director Melton and upon roll call the following vote was recorded, "Ayes"
Kerlin, Melton, Christie, and Dunn. "Napes" Swartz, McFerran and Trumbo.
There being only four, "Ayes" and three "Naves", the Mayor declared the motion to suspended the rule
defeated for lack of two -third vote required to suspend the rule, therefore the Ordinance was left on
its first reading.
The City Manager the read a proposed Ordinance entitled, "AN ORDINANCE AMENDING Z014ING ORDINANCE NO.
Proposled 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN
Ord. left on REAL ESTATE FROM R -1B3 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT,
first reading
Ord. No.
1
1
25'71
(3) "Park" is a park, reservation, playground, beach, recreation center or any other area in the
cont. City, owned or used by the City, and devoted to activeor passive recreation; but shall not
includeLlake Fayetteville and Lake Sequoyah and surrounding premises.
(4) "Vehicle" is any wheeled conveyance, whether motor posered, animal -drawn, or self-propelled a
shall include any trailer in tow of any size, kind or discription. Exception is made for
.baby carriages and vehicles in the service of the City parks.
ARTICLE II. PARK PROPERTY
No person in a park shall:
Sec. 23-3. Buildings and Other Property
Disfiguration and Removal. Wilfully mark, deface, disfigure, injure or tamper with any buildings,
monuments, bridges, tables, benches, fireplaces, signs, public utilitiesor other structures or equipment,
facilities, or park propert.17 or appurtenances whatsoeveri either real or personal. •
Sec. 23-4. Restrooms and WAshrooms.
Fail to cooperate in maintaining restrooms and.washrooms in a neat and sanitary condition. No
person over the age of six (6) ,years shall use the restrooms and washrooms designated for the opposite
sex.
Sec. 23-5. Removal of Natbral Resources.
Dig, or remove any beach sand, wheither submerged or not, or any soil, rock, stones, trees, shrubs
or plants, down tember or other wood or materials, or make any excavationby tool, equipments blasting,
or other means or agency, except on special written permit obtained from the City.
Sec. 23-6. Erection of Structures.
Construct or erect any building or structure of whatever kind, whether permanent or temporary in
character, or run or string any public service utility into, upon, or across such lands, except on
special written permit obtained from the City.
Sec. 23-7. Trees, Shrubbery, Lawns.
Damage, cut, climb, carve, injure, transplant or remove any free, flower, or plant. Nor shall any
person attach an-�y rope, wire, or other contrivance to any tree or plant orin any other way injure or
impair the natural beauty or usefulness of any park area. .
Sec. 23-8. Wild Animals, Birds, Fish, Etc.
Hunt, molest, harm, frighten, poison, kill, trap, or remove any animal, reptile, fish, or bird; nor
remove eggs or nest, or young of any wild animal, fish, reptile, or bird. Exception to the foregoing is
made in that snakes known to be deadly poisonoussaubh as rattle snakes, mocasins, cooper heads, or other
deadly reptiles, may be killddoon sight.
. ARTICLE III. SANITATION
No person in a park shall:
Sec. 23-9. Pollution of waters.
Throw, discharge, or otherwise place or cause to be placed in the wators of any foAntain, pond,
lake, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or
drain flowing into such waters, any substance which will or may result in the pollution of said waters.
Sec. 23-10. Refuse and Trash.
Have brought into a park any refuse or other trash. Nor shall any refuse or other trash be left
anywhere on the grounds thereof, but shall be placed in proper receptacles where provided. Where
such recepticles are not so provided, all such rubbish or waste shall be carried away from.the park by
the person responsible for its presence and properly disposed of elsewhere.
ARTICLE IV. TRAFFIC
No person in a park shall:
Sec.23-11. State and City Motor Vehicle Laws,
Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to
equipment and operation of vehicles together with such applicable requlatiors as are contained in
this chapter and Chapter 19 of this Code of Ordinances.
Sec. 23-12. Speed of Vehicles.
Ride or drive a vehicle at a rate of speed exceeding ten (10) miles per hour, except upon such roads
as the City may designate, by posted signs, for speedier travel.
Sec. 23-12. Parking.
Park a vehicle in other than an established or designated parking area, and was use shall also be
in accordance with the provisions of Chapter 19 of this Code of Ordinances.
Sec. 23-14. Closing Hour.
Enter, operate, park, leave or abandon a vehicle within a park after the closing hour of 11:00 P.M.
Sec. 23-15. Bicycles and Motor Bikes. .
Ride, drive, operate or pushaa bicycle or motor bike on other than a paved vehicular road or path
designated for that purpose. .
Ord. No. 15
cont.
r
Res. No.
2591
Sec. 23-29. Vending and Peddling.
Expose or offer for sale any article or thing, nor shall he station or aplace any stand, cart, or.
vehicle for the transportation, sale or display of any such article or thing. Exception is here made
as to any regularly licensed concessionaire acting by and under the authority and regulation of the City.
Sec. 23-30. Advertising.
Announce, advertise, or call the public attention in any way to any article or service for sale or
hire.
Sec. 23-31. Signs.
Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever, nor
shall any person erect or cause to be erected any sign whatever on any public lands or highways or loads
adjacent to a park.
ARTICLE VIII. PARK OPERATING POLICY
Sec. 23-32. Operation.
Except for unusual and unforeseen emergencies, city parks shall be open to the public every day
of the year from daylight until 11:00 P.M. Any section or part of any park may be declared closed to
the public by the City or its duly authorized representative at any time and for any interval of time.
Sec. 23-33. Enforcement.
The Director, park attendants and City police shall in connection with their official duties
diligently enforce the provisions of this Ordinance.
SECTION 2. That Section 19-129 of the Fayetteville Code of Ordinances is hereby amended by deleting
the words 1112:00 midnight" in the last sentence of said section and inserting in place of said words
the following words: 1111:00 P.M.
SECTION'3. That penalties for violation of this ordinance shall be as provided in Section 1-5
of the Fayetteville Code of Ordinances.. .
SECTION 4. That this ordinances shall be in full force and effect from and after. its passage,
approval and publication.
PASSED AND APPROVED this 1st day of April, 1968.
ATTESTI,1 f 'r��
GEORGE J. DAVE' IS, CITY CLERK
APPROVED:
DON T UMBO, MAYOR
The City Manager read a proposed Resolution in its entiety entitled "A RESOLUTION AWARDING CONTRACTS
FOR CONSTRUCTION OF SEWER INTERCEPTORS, SEWER MAINS, FORCE MAINS AND LIFT STATIONS UNDER PROJECT WPC -
ARK -216.
Director Christie move that the Resolution be adopted.
The motion was seconded by Director Kerlin, and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None.
There being seven "Ayes" and No "Nays", the Mayor declared the Resolution, adopted.
RESOLUTION NO, 8-68
A RESOLUTION AWARDING CONTRACTS FOR CONSTRUCTION OF SEWER INTERCEPTORS, SEWER MAINS, FORCE MAINS AND
LIFT STATIONS UNDER PROJECT WPC -ARK -216. .
WHEREAS, Southard Engineering Company of Springfield, Missouri, has submitted the low bid for
construction of sewer interceptors, sewer mains, force mains and lift stations under project WPC -ARK -216
in the sum of $1,109,130.80 and •
WHEREAS, said bidder appears to be responsible, well qualified and capable of constructing the
facilities planned, and it is in the best interest of the City of Fayetteville, Arkansas to accept said
bid,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That subject to the approval of the Federal Water Pollution Control Administration, the
contract for construction of the sewer interceptors, sewer mains, force mains and lift stations is
hereby awareded to the lowest responsible bidder, Southard Engineering Company of Springfield, Mossouri,
in the sum of $1,109,130.80.
SECTION 2. It is expressly made a condition of the award of said contract that they be approved
by the Federal Water Pollution Control Administration, otherwise they shall have no binding or legal
effect whatsoever.
SECTION 3. That the r1ayor and City Clerk be and they are hereby authorized and directed to execute
the contract hereinabove stated upon and after the approval of the contract award by the federal Water
Pollution Control Administration,
PASSED AND APPROVED this let day of April, 1968.
APPROVED: D
• ATTEST: � ) �, �Ann�.ffl7
DON TRUMBO, MAYOR
GEORGE IS, CITY CLERK
COPY OF THE BIDS
Bids on sewers
mains. A. Phase III of Sewer Project WPC -ARK -216 for construction of sewer interceptor lines, sewer mains and
force mains along with lift station were opened on Thursday, February 29. There were eight bids on the
project. Below is a tabulation of the total bids from each firm:
1. Northside Construction Co. Fort Smith $1,118,174.37
2. Worth James Construction Company, Little Rock 1,3649513._141
3. Parthenon Construction Company, Sikeston, Mo. 1,595,775.50
2611
Director Melton moved to accept the recommendation of the City Manager and lease the Second Floor Space
Lease to McGoodwin. in the Administration Building as outlined above and that the Mayor and City Clerk be and they
are hereby authorized to execute the contract.
The motion was seconded by Director McFerran and passed unanaimously.
'A Review of Summary Draft of Community Renewal Program was given in a lenghty explanation by the City
'Discussion by Planning Consultant, James Vezzier but no further action was taken at this time.
Vezz_ier
The City Manager read a proposed Resolution in its entiety entitled, "A RESOLUTION AUTHORIZING CITY
MANAGER TO SUBMIT REQUEST TO THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT FOR FINANCIAL ASSISTANCE IN
THE PLANNING AND DEVELO°MENT OF A COMPEREHENSIVE CITY D24ONSTRATION PROGRAM AND APPOINTING THE CITY
MANAGER AS REPRESENTATIVE OF THE CITY OF FAYETTEVILLE) ARKANSAS, IN CONNECTION WITH ALL MATTERS PERTAININ
THERETO.
Director kerlin moved that the Resolution be adopted.
The motion was seconded by Director Swartz and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "NayP None.
There being seven "A.yes"nand No "Nays", the Mayor declared the Resolution adopted.
Res. No. 10-68 RESOLUTION N0, 10-68
A RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT REQUEST TO THE SECRETARY OF HOUSINGANDURBAN DEVELODMENT
FOR FINANCIAL ASSISTANCE IN THE PLANNING AND DEVELOPMENT OF A COMPREHENSIVE CITY!'DEMONSTRATION PROGRAM
AND APPOINTING THE CITY M.AMAGER AS REPRESENTATIVE OF THE CITY OF FAYETTEVILLE, ARKANSAS, IN CONNECTION
`rIITH ALL MATTERS PERTAINING THERETO.
WHEREAS, the City of Favetteville, Arkansas desires to undertake a comprehensive program to rebuild
and revitalize large slum and blighted areas and generally improve living conditions for the perople
who live in the City of Fayetteville, and
WHEREAS, the Secretary of Housing and Urban Development is authorized to make grants to, and contrac_
with, City Demonstration Agencies to pay 80% of the cost of planning and developing City Demonstration
' Programs: and
WHEREAS, such financial and planning assistance by the Department of Housing and Urban Development
will be of benefit to the citizens of the City of Fayetteville, Arkansas,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. The City Manager of the City of Fayetteville, Washington County, Arkansas, is hereby
authorized and empowered to submit to the Secretary of Housing and Urban Development a request for
financial assistance for the planning and development of a comprehensive City Demonstration Program,
and furthermore to prepare and make available anv and all information or documentation concerning
the preparation and contents of such City Demonstration Program request as may be required by the
Department of Housing and Urban Development.
SECTION 2. The City Manager of the City of Fayetteville, Arkansas, is hereby appointed as the
authorized representative of said City of Fayetteville, Arkansas, to act on behalf of said City of
Fayetteville, Arkansas, in connection with all matters pertaining to the request for said financial
assistance.
SECTION 3. The City of Fayetteville hereby agrees. to comply with regulations of the Secretary effe
Title VI.of Civil Rights, Act of 1964 which provide that no person shall on the ground of race, color or
origin, be excluded from participation in, be denied benefit of or be sub'ected to discrimination in th
•takin of any of the projects or activities assisted under Title the monstr tion Cities & Metropo
opmeN Act f 1966. PASSED AND APPROVED this `Ift-day of pi' , E �.
ATTEST: r m APPROVED:
DON TRUMBG, MAYOR
GEORGIVJ. qYAVIS, CITY CLERK
The City Manager read a proposed Resolution in its entirety, amending the Northwest Arkansas Regional
Airport Agreement.
Res. No. 11-68 Director Melton moved that the Resolution be adopted.
The motion was seconded by Director McFerran and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None.
There being seven "Ayes" and No "Nays" the Mayor declared the Resolution adopted.
RESOLUTION N0, 11-68
WHEREAS, Tthe Cities of Fayetteville, Springdale, Rogers, Siloam Springs and Bentonvill, and the
Counties of Benton and Washingtonhhave heretofore entered into an Agreement dated March 12, 1968,
providing for the creation and establishment of the Northwest Arkansas Regional Airport Authority, and
WHEREAS, said Agreement as initially conceived was drafted under the provisions of Act -430 of
1967, the Interlocal Cooperation Act, and thereafter several of the signatory parties approved and
executed said Agreement; however, prior to the time that the remaining signatory parties approved the
Agreement on March 12, 1968, the GeneralAAssembly enacted in the 1968 First Session, Act 17, The
Regional Airport Act, and
WHEREAS, Iitl'is the desire of the signatory parties of said Agreement to assure that the Northwest
Arkansas Regional Airport Authority, public body corporate, is created and operating under and by
virtue of thenrovisions of the Regional Airport Act, so as to enjoy the benefits conferred by said Act,
as well its the provisions of Act 430 of 196' and the other acts and laws referred to in said Agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the Agreement of March 12, 1968, creating the Northwest Arkansas Regional Airport
Authority be and the same is hereby amended in accordance with the provisions of the "First Amendment
to Northwest Arkansas R gional Airport Agreement" (a copy of which is attached hereto), and the
Mayor and City Clerk are hereby authorized and directed to execute said amendment in behalf of the City
of Fayetteville,Arkansas.
SECTION 2. That all other terms of the Agreement shall bemain the same.
PASSED AND APPROVED this 1st day of Arpril, 1968.
APPROVED:
ATTEST:
DON TRUMBO; MAYOR
GEORGE J. qAV S, CITY CLERK
tan
There being no further business, Director Melton moved to adjourn.
The motion was seconded by Director Kerlin and passed unanimoulsy,
meeting adjourned.
DO11 TRUMBO, MAYOR
APPROVED
ATTEST:
GEORGW tW DAV�IS, C'IITYY CLERK
whereupon the Mayor declared the
Regular The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, April 15,
Meeting. 1968, in the Directors Room in the City Administration Building at 7:30 P. M.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Director
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
T.J.Keith, Absent: None.
N.W. imes
Rep. also The minutes of the regular meeting on Monday, April 1, 1968, a copy of which had previously been mailed t
present, each of the Directors, were approved as written.
Appeals to The Zoning Appeals of Milton D. Davis to rezone certain property located at Porter Road and Wedington
rezone Drive from R -1B to C-1 and of Garland Lierly to rezone certain property located on Wedingtbn Drive from
Lierly Prop. R -1B to C-1, a proposed ordinance for the rezoning of each having been left on the first reading at the
andlast regular meeting of the Board of Directors on Monday, April 1, 1968, were again brought up for
2•filton Davis futther action.
Property Director Melton moved that both Appeals be tabled until the Land Use Plan is adopted.
tabled. The motion was seconded by Director Kerlin and passed unanimously.
The City Manager presented the petition of J. W. Eoff and Marie Eoff, husband and wife, to rezone certain
property located At the Northeast Corner of the intersection of U. S. Highway No. 71, South, and Twenty-
ance Second (22nd) Street from 0-1 Open Land District, to C-2 Thoroughfare Commercial District, which had been
1595a approved by the Planning Commission.
After a brief discussion, the City Attorney introduced and, at the request of the Mayor, read a proposed
ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING
DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 282 1962, TO REZONE CERTAIN REAL ESTATE FROM 0-1 OPE
LAND DISTRICT, TO C-2 THOROUGHFARE COMMERCIAL DISTRICT".
Director Christie moved that the Ordinance pass.
The motion was seconded by Director McFerran and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" %one.
There being Seven "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1595
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK
APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM 0-1 OPEN LAND DISTRICT, TO C-2 THOROUGHFARE
COMMERCIAL DISTRICT.
WHEREAS, A public hearing was held before the Planning Commission of the City of Fayetteville, on
Tuesday, March 26, 1968, on the petition of J. ". Eoff and Marie Eoff, requesting that said Planning
Commission recommend to the Board of Directors bf the City of Fayetteville, Arkansas, that the Board of
Directors enact an ordinance rezoning the following described property, presently zoned 0-1 Open Land
District, to C-2 thoroughfare Commercial District, to -wit:
A part of the NW 1/4, NE 1/4 of Sec. 28, T -16-N, described as: Beginning at a point which is
367.66feet West of the NE corner of said 40 acre tract, and running thence South 10027' West with
the middle of the ditch or branch 201 feet to the center of a 20 foot roadway, thence North 78 1/20
West with the center line of said roadway to the center line of U.S. Highway 71, thence 12022' East
with the center line of said Highway 7 1/2 rods or to the North line of said forty acre tract, thenc
East 484.34 feet to the beginning point, containing 1.76 acres, more or less, subject to an
easement over and upon the South 10 feet of the above described tract, which together with a 10 foot
strip lying South of said tract for use as a roadway extending from the'Southeast corner of said
above described tract to the center line of U.S. Highway 71, less and except the following, to -wit:
Part of the Nti'il/4 of the NE 1/4 of Section 28, T -16-N, R -30-W, described as beginning at a point
350 feet East of'the center line of U.S. Highway 71 and 818 feet East of the Northwest corner of
said 40 acre tract, and running thence East 65 feet for a beginning point for the land herein
conveyed, thence East 69.3 feet, thence Sout 9030' West 189 feet, thence North 780 30' West 74 feet,
thence North 11030' East 176.4 feet to the point of beginning.
and
WHEREAS, notice of said public hearing, setting forth the date, time, place and purpose. of said
hearing and location of property was published in the 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 Board of Directors
of the City of Fayetteville, Arkansas, its recoomendation that an ordinance be adopted rezoning the
the above-described property, presently zoned 0-1 Open Land District to C-2 Thoroughfare Commercial
District,
NOE, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the above-described property, which is presently zoned 0-1 Open Land District, be
and the same is hereby rezoned to C-2 Thoroughfare 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 APPROVED this 15th day of April, 1968.
APPROVED:
144144
DON TRUME03 MAYOR
r7