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HomeMy WebLinkAbout1969-04-21 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 21, 1969 �f The Board of Directors of the City of Favetteville, Arkansas, met in regular session on Monday, April 21, 1969, in the Directors Room in the City Admini- stration Building at 7:30 F. M. Present: City Manager Wesley M. Howe, City Clerk Marilyn Moore, Citv Attorney Richard Wells, and Directors Jones, McFerran, Melton, Lancaster, and Ftarr. Absent at Roll Call: Director Swartz and Director Dunn. Representatives of the press were present. The minutes of the regular meeting on iionday, April 7, 1969, a copy of which had previously been mailed to each of the Directors, were approved as written. Director Swartz and Director Dunn entered at this time. The City Manager presented the petition of the Inwood Development Corporat`_on 1-7 to rezone certain property located west of the Washington County Fairgrounds from A-1 Annexed Territory District to C-2, Thoroughfare Commercial District. The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORrINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAP OF FA_'ETTEVILLE, ARKANSAS, APPROVED NAY 28, 19623 AS AMENDED, TO REZONE CERTAIN REAL EFTATE FROM A-l,ANNEXED TERRITORY DISTRICT TO C-2, THOROUGHFARE COMMERCIAL DISTRICT." After a long discussion, Director Starr moved that the rule be susnended and that the Ordinance be placed on second reading. The motion was seconded by Director Lancaster and passed unanimously. The Ordinance was then read for the second time. ;Zip ectoA 19-igoastex moved that the rule be further suspended and that the Ord- inanciN be placed on third and final reading. The motion was seconded by Director Starr and passed unanimously. The Ordi- nance was then reid for the third and last time. The Mayor then declared the Ordinance open for discussion. There being no discussion, the Magor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ave" Jones, Melton, Lancaster, Starr and Dunn. "Nay" Swartz and McFerran. There being five "Ayes" and only two "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1665 is on page 6 of Ordinance and Resolution Book 1. The City Manager presented the petition of Mr. Johnnie Bassett to rezone cer- 2-7 tain property located at the corner of HiShwap 16 (Wedington Road) and Giles Road from A-1, Annexed Territory District to C-2, Thoroughfare Commercial District. The Planning Commission recommended rezoning for a depth of 300 feet north of Wedington Road. The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "Ali ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAD OF FAYETTEVILLE) ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-11 ANNEY.ED TERRITORY DISTRICT TO C-23 THROUGHFARE COMMERCIAL DISTRICT." After a discussion, Director Lancaster moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the second time. Director Starr moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Jones and passed unanimously. The Ordinance W 2 was then read for the third and hast time. The Mayor then declared the Ordi- nance open for discussion. After a discussion, the Malror asked the question, , "''hall the Ordinance nass°P Unon roll call the following vote was recorded: "Aire" Jones, Swartz, hcFerran, Melton, Lancaster, "tarr, and Punn. "Nav" none. There heins seven "Ayes" and no "Na.i-s", the Ma•ror declared the Ordinance passed. Ordinance ho. 1666 is on page 7 of Ordinance and Resolution nook 1. 1-8 The CitiTXana,er presented the petition of Herman Tuck for the rezoning of property located on the east side of St. Charles Avenue from R-4, :Iulti- ramily and 'orrritorl• "istrict to C-3, Central Commercial 'ist.rict, w}.ich had hPen recommended by the Planning Commission, The City Attorne7r introduced and, at the reouest of the :iai-or, rear a nroposed ordinance in its entirety for the first time entitled, "AN .')RTINAYC'? AIVE'N:IUG RTI9=. GE N 1239, ASP FEVZ ED ? dili;G DI TRICT :J.r ^F FAP Tr:JTT,Li, AFfa'?AY 2r, 1962) A7 ADEN, Fr, T^ .._. ..,.. CL ""IT FLAT. TA is F''^M. F_4, LmI-FA.i-:1LY RE_ -IP "iiAT. A;:P ;.� `:ITOnY I7TRICT, TC C-3, CENTRAT, C� MIYERCi.4r, DI = TRI'CT . " Director Dunn moved that the Ordinance nays. The rrotior. was seconded by Director :crerran, ana upon roll_ call the following vote was recorced: "A•ve" Jones, Swartz, Lc`r'errar., :,,elton, '.a ncaster, Starr and Dunn. "i:ay" none. There t-eing seven "Ayes" and no "Nays", the Ma.ror declared the Ordinance passed. Ordin nce No. 1667 is on page R of Ordinance and Resolution Look 1. 2-8 The City ::anger presentee the petition of the HousinC Authority of the Citi ' of Fayetteville to rezone certain I�ror.erty located south of °tone °treet from R-2, Two Fa -ill- Residential District to R-3, Multi-Farrilli 'Residential District, which had teen recom^ended b.r the Planning Commission. The Cit^ Attorne7r introduced, and at the re,uest of the i rror, read a nroposed ordinance in its ertirety entitled, "AV ORPQP!"PIC: A::E"TISv ':I?;G ^. Ii:A;CE N 1239, A:S� PtVI` D Z'�IIIi: LI I;:ZCT :•ib. OF Fu.Y:.TT-VIL7L ..F.K4 '�A`, L-r-Fn7FD IvIL4Y 2F, 1962, A`' AXFNDED, TC CERTAIP' :?EA?. F,°TATE FF^i: R -D, Tar)-FAX`ILY GE°IP PiIA'. DISTRICT, T^ F.-31 )Tl MI -W4: TY R,CPrTEN"jf.; PI`KCT." Director Durn moved that. the Ordinance pass. The motion was secorded by Director 'tarr, and unor roll call the following vote was recorded: "Ave" Jor.es, Fwartz, McFerran, i:elton, Tancas'Pr, `'carr and runr.. "Nair" none. There 'being sever. "Ayes" and no "P;ays", the ".aver declared the Ordinance passed. Ordinance No. 1668 is on page 9 of Crdinance and 3esciutior, Took 1.1 3-8 :he Cite Lana�er nresented t.!;e netit.ion of Darold L. Johnson to rezone certa.ir rranert•� located on the west, side o1 Hoot Averne from A.-1, Arnexed "erritory to -3 :vbiiti-Farril7r Listrict, which tad 'been reco=en.ced by the Tanning Com- mission,. Tie City Attornel- introduced, and at the re^uest of the ?:at -or, read a nroposec ordin-ance in its entiret'r entitled, "AN 1239, APiD R_:OI'SD �,'F li�G 1STRIG i•.p F FAv m? '.`ITT.E, 2F, 1962, AS .I' NDSD, I RiTO;CL C��TAIh 3E4'_ .. "T 7r0V 7^,--,,Y PL°TRICT TO ?-3, :+?ILTI-FAMILY RE"ID Id IA DI=ICT." Lirector Starr moved that the Ordirance pass. The motion was seconded by Iirector Lancaster, and unon roll call the follow- ing vote was recorded: "Aye" Jones, Fwertz, L cFerran, i:PIton, Lancaster, Starr, and Dunn. '1ii3 `I° r.Ore. dere !.el Lr' SeV-P,n "A^es° and n0 "gars", the P.arror declared the 0rdinar-ce nasred. Crcir-,,ce'•v.,. 1669 is on page 10 of Ordinance and Resolution Look 1. S 3 The City Manager presented the petition of Edward G. Harding. C. J. Murphy, 1-9 and R. C. Murphy to rezone certain property located east of Highway 71 South from R-2, Two Family Residential District to C-2, Thoroughfare Commercial District, which had been recommended by the Planning Commission. y The City Attorney introduced, and at the request of the Mavor, read a proposed ordinance in its entirety entitled, "AN ORDINA14CE AMENDINGZONING OP.PINANCE NO. 12395 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANCAc, ApoROVED 14AY 26, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2, TvIO-FAMILY RESIDENTIAL DISTRICT TO C-2, THOROUGHFARE COMMERCIAL DISTRICT." Director Dunn moved that the Ordinance pass. The motion was seconded by Director McFerran, and upon roll call the follow- ing vote wab recorded: "Ayp" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Malror declared the Ordinance passed. Ordinance No. 167C is on page 11 of Ordinance and Resolution Book 1. The City Manager presented the petition of Joe L. and Madge Rutledge to rezone 2-9 certain property located on Highway 62 West on the Northeast corner of the intersection cf Highway 62 and One Mile Road from A-1, Annexed Territory District to C-2, Thoroughfare Commercial District which was tabled at the April 7, 1969, meeting until the Planning Commission made a recommendation. At the April 15, 1969, meeting the Planning Commission forwarded to the Citv Board of Directors the recommendation that the request for rezoning be denied. Director Starr moved to accept the recommendation of the Planning Commission and deny the request of Joe and Madge Rutledge for rezoning property. The motion was seconded by Director McFerran, and upon roll call the follow- ing vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "ways", the Mayor declared the motion passed. The City Manager reported that at 12:00 Noon, April 17, 1969, the J. and J. 3-9 Ambulance Service ceased operation in the City of Fayetteville. Director McFerran moved that the City Manager be given the latitude to work with all parties concerned to arrive at a satisfactory solution to the prob- lem of ambulance service. The motion was seconded by Director Lancaster and upon roll call the follow- ing vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. A discussion was held concerning the Suburban Water District No. 1 and the 4-9 City of Greenland requesting the City of Fayetteville to permit the extension of a water line bevong the corporate limits of Greenland and beyond the cor- porate limits of the Water District. Mayor Melton appointed Directors McFerran, Starr, and Jones to a committee to work with the City of Greenland and the Suburban Water ristrict No. 1 and find a solution to the problem of supplying water. The City Manager reported that Fire Captain Orville Stout will be unable to 5-9 work until mid-July due to surgery and has reouested extended leave with pay from the Citi, of Favetteville. The City Personnel Policv rrovides that an emrlovee who has consumed all sick leave be placed on an inactive emnlovee status unless extenuating circumstances justify exceptional action by the 9 4 Loard of Directors. Director Starr moved to pa„ Captain 'taut C ner centof his s��lary until -cid- �'uI The motion was seconded by Director Dunn are upon roll c '1 the following vote was recorcec: "Aye" Jones, Swartz, : cFerr:n, _Plton, Lancaster, 't,srr, and Dunn. ".va y° cone. TheT'P i'Pl nE SPVP❑ and n0 a Vt", +.he i -3"O:' Cecla, 'red tt:P motion pawed. 1-13 The Cit" ::anater rPComI"ended an agreement to PSt?i-'`s'�,nint ?C+0Or .,ivll Defense '?r-nnization. Director ?oved t:, accept the re,cor!'.Pn(].,+.lon ^.f tl,e Citl' !:ana('Pr and +ne 2re P?^.Prt w!'erel:`• the, Clt-i"� within iia Sh]n�_�:I� CountP ('Psi[-n9t,P the .'asti- ingt,un CCunty Civil 'e'ensP Crganlz%ition as the Civil refense r,r7-,nlzation for aii iocai sovernments within viashington Ccunt`r. The motion was seconded ty :Director Dunn and upon rol'i c?11 the followinp vote was recorded: "A -,,e" Jones, Fwartz, .•:cFPrrar, .:Plton, t..4n Cas''" , Marr, and Dunn. none. There tein� seven '1 11,e- an(' n0 t^ . ..c.`ror decl?rec the motion rassed. 2-10 The Cit • 'dann'-Pr recommended the sdootion of a i•.ut,ua'_ Aid Fire-ret.ection Agree- ment between the C'_ties of 'ra`P'' vi 11 P, �pringdaie, Rogers, _:entorvillP, end Filoam Zpr_ngs. :'irectcr Dunn molied to accept the recommendation anc adopt the :utual Aid Fire Frutection Agreemen}. The lotion wms seconded by ;Director Starr am upor. rol'_ c?11 the followl*n^ vote , was redo 'd ed: "Ave" Jones, °wartz, }:c('errar., i•:elt,on, 'anc-.s'Pr, Ptarr, nd :Dunn . "Rav" nor.;. There heing seven "Ames" and no "Na; s", ti;e Flavor declared the motion nassed. REGICNAL :'iUMAL AID ^RCT Ci'ICX h.G3gF:.v': FOr FIR? cEFVICE In order to letter protect the lives and nropert-,, of the citizens ree_'- inL and c' -^ling nrcaeri within the corporate limits of the Citic of TDe(+^' - vi11P, Faye'teville, Rogers, Siloam pri , and Sprirac;ale, and for the mutual lenefit of the cities and the persons whom they serve and Protect, it is hPrehv agreed: THAT each City, upon a rrcperlr authorized reouest of the other, will lend to the other aid and assistance in any fire, natural disaster or other emer- gencv fallin within the capabilities and missions of the Fire Department. of the cities a party hereto, such aid and assistance to include, but not. neces- sarill, limiter to, the nroviding of sunplemental and/or standh.` personnel and equipment, for such neriods of time and at. such places within the corporate limits of the aided city as sl -all be requested and mutuall.17 agreed upon, from time to titre. THAT such assistance is intended to be recirrocnl ani wili he extended on this basis and in accordance herewith unless and until such time as ary rarty hereto shall give notice to the other of a withdrawal from the agreement. , THAT if anv party to this agreement joins in a similar agreement with another city or cities havine like fire nrotectiun ?pencies, that such agree- ments shall not he construed to be an extension of this .;(-regiment and the 10 5 obligations of the parties hereto, unless the parties to this agreement unani- mously approve, by official action, the extension of this agreement at which time a new agreement covering all parties will be executed. CITY OF BENTONVILLE passed and approved this day of , 1969. ATTEST: APPROVED: CITY CLERK MAYOR CITY OF FAYETTEVILLE passed and approved this 21st day of April, 1969. ATTEST: APPROVED: CITY CLERK MAYOR CITY OF ROGERS passed and approved this day of , 1969. ATTEST: APPROVED: CITY CLERK MAYOR CITY OF SILOAM SPRINGS passed and approved this day of , 1969. ATTEST: APPROVED: CITY CLERK MAYOR CITY OF SPRINGDALE passed and approved this day of , 1969. ' ATTEST: APPROVED: CITY CLERK MAYOR The Mayor requested the City Attorney to read the Ordinance to tax, regulate, 1-11 and control the sale of alcoholic beverages by private clubs which had been left on the second reading. The City Attorney then read the Ordinance for the third and last time entitled, "AN ORDINANCE TO TAX, REGULATE, AND CONTROL THE SALE OF ALCOHOLIC BEVERAGES, BEER AND WINES BY PRIVATE CLUBS." The Mavor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance. pass?" Upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. ".Nay" none. There being seven "Aves" and no "Nays", the Mayor declared the Ordinance passed. as Ordinance No. 1671 is on page 12 of Ordinance and Resolution Book 1. The City Manager recommended the approval of a one year Service Agreement at 2-11 approximately a 25 per cent increase over the preceding Service Agreement with Systematics, Inc. to continue processing the city's water bills. Director McFerran moved to accept the City Manager's recommendation and that the Mayor and City Clerk be, and they are hereby, authorized to execute a one year Service Agreement with Systematics, Inc. to continue processing the City's water bills. The motion was seconded by Director Dunn and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being -seven "Ayes" and no "Nays", the Mayor declared the motion passed. The City Manager presented recommendations from the Parks and Recreation 3-11 11 I Commission as follows: 1. To charge a 10¢ fee on the wading pool at the City park so that, an , additional li£ecuard can be hired to open the cool during the morning, hours. 2. That the Citl- of i'a7retteville help the caT-etteville "chooi 'vstem in construction of four tennis courts tc to located at liarmon 'la, --field. :his would to ata cost of �'4,GCC.tc the Cite of Faettevil'_e. The City 1ecreation 'ept. wculd have complete use cf mese courts for t'ne "unrr:er Tennis program. Directcr :'carr moved t,:, annrove items 1 and 2 as nresented and authorize the exnenditu*e of '�4,C30 to tuild the tennis courts witr- the stirulation that the st.ecii ati n an cc,ntraet be ap:rcved 117 tre City. The motion was secondee by 7irector Jones and upon roll cal'_ the following vote was recorded: "Ave" Jones, Swartz, ::cFerra::, ):elton, Lancaster, Starr, and Turn. ",ra7r•' ^One. There helm sevet] T..ZreS" and no "N-ITTS", the 1-.a7,or declared the moti Cn gassed. he Cit^ ?:anagen nresented the petition of Herbert, A. Lewis to annex certain rrcpert,jr located a`,. Lake "equoyah to the Citv of Fal-etteville. The Cir,.• Attorney intrccuced and, at the request of the h:a+r.r, read a nroposed ordinarce in its entirety entitled, "AK ORDIt`IA. CE ACCEPTING TF.RRI:"!FY A"'t'rY".D TID TnL CiTY OF rAY=.TTFVILLE, A=hAi:'A� , A °IGP:i.":C :'AIP m�nryT av 1^; '+dA RPF, AND Director Dunn :roved that the Ordinance he placed on second reading at the next meeting. There was no second to this motion, and it was declared ceac for lack of a second.. Director Marr moved that the Ordinance pass. The motion was seconded by Director Jones and upon roti call the following vote was recorded: "Aye" Jones, Swartz, +-ic Fer-an, i'.elton, L-',ncast er, Starr, and Dunn. none. There being sever "AI.res" and no ";gays", the i>;avor 6ecl.3reC the Ordinance pissed. Grdinance No. 1672 is on paE•e 14 of Ordinance and Resolution cook i. 2_12 Director ;,:cFerran roved that, the ?:a�or and Citv Clerk tie, and trey are hereby, authorized to execute a Helease : eec: to .-tickiard 'o;aluen ane Letty -Oialden for Lot humberec: Nine in G_endale ;c�ition to the Citv of 'ravettevi:le. The motion was seconded tv 'irector Lancaster and upon roll call the following vote wa_, recorded: "A e" Jones, Fw rtz, 11 r.cFPrr•an, }:elton, Lancaster, `tarr and .urn. 'rNay" none. The. e• being seven "A7•es" and no "Carrs", the ;l;a.iror declared the motion. passed. There teinr no further business, Firector Bones moved to adjourn. The motion was seconued t-,- 'irector Lancaster and passed unani--ously, whereuron the "a^cr declared the meeting adJourned. A _ T J,. T L('.4�,,U L�40E, GZTIviA1. _EF16i:— 12