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Home My WebLink About1969-07-07 Minutes1 MINUTES OF A REGULAR IEETING OF THE BOARD OF DIRECTORS July, 7, 1969 The Board of Directors of the City of Favetteville, Arkansas, met, in regular session on Monday, July 7, 1969, in the Directors Room in the Cit+r Administra- tion Building at 7:30 P.N. Present: City Manager Wesley M. Howe, City Clerk Marilyn Moore, Citir Attorney Richard Wells, and Directors Jones, Swartz, IMcFerran, Melton, Starr, and Dunn. Absent: Director Ernest Lancaster. Representatives of the press were present. The minutes of the regular meeting on Mondazr, June 16, 1969, a copy of which had previously been mailed to each of the Directors, vrere approved as written. The City Manager presented the petition of Irvin S. Fitzgerald to rezone certain 1-25 property located immediatelir west of the intersection of Old Wire Road and Old Missouri Road which had been recommended by the Planning Commission, from A-1, Annexed Territory to R-2, Two Family Residential District, The City Attorney introduced and, at the request of the iMairor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE 140. 1239, AND REVISED ZONING P,ISTRICT MAD OF FAYETTEVILLE) ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1,;ANNEXED TERRITORY DISTRICT TO R-2, TWO FAMILY RESIDENTIAL DISTRICT." Director Dunn moved that the rule be suspended and, that the Ordinance he placed on second reading. The motion was seconded by Director Swartz and passed unanimously. The Ordi- nance was then read for the second time. Director McFerran moved that the rule be further suspended and that the Ordi- nance he placed on third and final reading. The motion was seconded by Director Swartz and passed unanimously. The Ordi- nance was then read for the third and last time. The Mayor 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: "Aye" Jones, Swartz, NcFerran, Melton, Starr, and Dunn. "Nay". none. There being six "Ayes" and no "Naps", the Mayor declared the Ordinance passed. * Ordinance No. 1679 is on page 22 0£ Ordinance and Resolution Book 1. The City Manager presented the petition of Bryce Davis and Company for the re- 2-25 zoning of an 8 acre tract located immediately west of Highway 112 North, 1/4 mile north of highway 71 By -Pass, from 0-1, Open Land District. The Planning Commission recommended that the property_ be rezoned to I-lA, Light Industrial 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 ORDINANCE AI4ENDING ZONING ORDINANCE NO, 1239, AND REVISED ZONING DISTRICT N,Ap OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM 0-1, OPEN LAND DISTRICT TO I-lA, LIGHT INDUSTRIAL DISTRICT." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Starr 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 Dunn and passed unanimously. The Ordinance vias then read for the third and last time. The Mayor then declared the Ordi- 25 2 nance open for discussion. After a discussion, the Mrror asked the question, ''Shall the Crdinar.ce pass?" Upon roll_ cal'_ the following vote was recorder: "Ape" Jones, Melton, Starr, and Dunn. ' "Nav" Swartz and McFerran. There being, four "Ares" and only two "Haps", the ?larror declared the Ordinance passed. Ordinance No. 1680 is on page 23 of Ordinance and Resolution book 1. 1-26 The City Zanager Presented the Final Plat of Wilson -Wilson Subdivision submitted by John Vernon Wilson and Irvin Wilson which the ^lanninz Commission recommended be accepted. The Cit** Attorney introduced and, at the request of the ):a*rcr, rend a Proposed ordinance in its entiretir for the first time entitled, "AH ORPI'N"CE TC ACCEPT AND C"'EIRP THE FINAT, nL".T OF 'r,ILP�P'-:fILSOni SIIEDIVI°I�"d TO TEE CP" nF F=TE- . ;.TFE emw_EA,*'rr TLE, Ar n.Ac, A7 "n ACCEPT plT T". UTILITY EA°E�fENTC TFEEEIN." Director Starr moved that the rule he susPendec -nd that. tl-e Ordinance be. placed on second reading. The ?.notion was secondee by Director 'cFerran and nassec unar.imousi The Ordi- rance w=s then read far the secord t'•^.e. Director JVcFerran moved that the rile be furthAr susrerdec rrd that `I -P Ordi- nance he Placed on third and fina. re -,ding. The motion was seconded 1 -Tr Director Jones are. Passed .marimoas'.•r. The Ordi- narce was then rend for the thirc and 'ast. *ime. The i:atror fl-pn declared the Ordinance oven for ciscussion. There being no discussicn, the Nat -or as'red the question, "Shall the Ordinance pass"" Uron roll cal: M)) ^olio A ng vote •,rag recorder: "Ave" Jones, Swartz, 1,11 Ileltoni Starr, and Punn. "Nap" none. There Feing six "Ayes" and r "P;ays", the i:avor declared the Orcinnrce nassed. -` Ordinance No. 1681 is on page 24 of Ordinance rind Resolution Pook 1. 2-26 Director 4IIcFerran moved that the }ia,ar and Cit.1• Cleric he, and `FF^ are hereby, authorized to execute the suhdivider's contract oath Young Enterprises, Inc. for Rockwood Addition. The motion was seconded b7r Director Swartz, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, i.eltor., Starr, and Damn. "Ha*.r" none. There heing six "A.7res" ,.nd no "Iia^s", the ::a.ror declared +,^.e motion passed. 3-26 The City M-n.ger presented the Final "lat of Rockwood Acrit4or Subdivision submitted ry Young Enterprises, Inc. which the PlarninC Corm -ss= recozimended. The Cit^ At.torne7r introduced and, at the reri:est of the i:arror, read a proposed ordinance it its entirety for the first +ime entitled, ".4[' r)P.^ID'AIIT CE To ACCEPT Ah'D TNFIR;d THE FINAI. PIAT OF ROCIadO P ADDITION �'bPIVISI'!Pf T THE CIT" nF rA_'r,--EV=T,7', :1?i^_""'SA", A". TC ACC" T 'i�^ FFI2: T;:- .^nPICA?i^'.' OF THE °TRE."'' A.:P '"TIT ITT" EASPT•' HTS 79FREI11." Director .'ones moved that the rule he sus^ended -Inc' t,Fat the Ordinance be Placed on second reading. The motion was seconded by Directcr Cwartz. and Passe'" unanimousl`•. The, nance was then read for the second time. Director Puna moved that the rule be further susrended arc' teat the Ordinance The Placed on third and final reading. The motion was seconded by Director b.cFerran and Passed unar.imousl•r. The ' Crc?nance was then read for the ttirc. arc last - .e. The b:aTror then declared the l�rdinance oven f(;" discussion. There he:_rg ro d: ;Cilse_pr, the ik' Vror asked the ,uestior., "Shall the '`rdinrX Hass " Upon roll cal_ the following vote was recorded: "Ape" Jones, S:vartz, .cFerrar, ,`:eltcr, Starr, and Nun. FX1 3 "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. !' Ordinance 1682 is on page 25 of Ordinance and Resolution Book 1, The City Manager presented in Memo #149 a progress report on ambulance service. 1-27 A further report on ambulance service will be presented at the next meeting. Director Starr moved that the Board of Directors wholeheartedly endorse the 2-27 Goldenrod Club project to persuade property owners to keep vegetation from blocking views at the intersections and instruct the City Manager to provide all information as to City Ordinances pertaining to the subject. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mal*or declared the motion passed. The City Manager recommended that the area of concern of the 'Beautification" 3-27 Committee be broadened and that it be renamed "Community Appearance Committee". Seven members would be appointed by the Ma7-or with the consent of the Board of Directors. The committee function would be to survev the appearance of the community and formulate recommendations to be forwarded to specific agencies or individuals for appropriate action. Director Dunn moved to accept the City Manager's recommendation as presented and to create the Community Appearance Committee. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Apes" and no "Naps", the Mayor declared the motion passed. The City Manager reported that the Ordinances governing the purchase and sale 4-27 of materials by the City need to be revised to designate the City Manager, rather than the Mayor, as the Purchasing Agent and otherwise need to be updated. Director Starr moved that an ordinance be drawn up with the revisions indicated by the City Manager. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. The City Attorney introduced and, at the request of the Mayor, read a proposed 5-27 ordinance in its entirety for the first time entitled, "AN ORDINANCE TO AMEND -ORDINANCE NO. 1239 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, ARK- ANSAS, TO REQUIRE TENANTS OF THE FAYETTEVILLE INDUSTRIAL PARK TO CONSTRUCT AND MAINTAIN FINISH FLOOR EIEVATION, OF ALL BUILDINGS AND STRUCTURES BUILT THEREON, AT A MINIMUM OF 1193 FEET ABOVE MEAN SEA LEVEL." Director Starr moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Swartz 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 Ordi- nance was then read for the third and last time. The mayor then declared the Ordinance open for discussion. After a discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: 27 4 "Acre" Jcr.es, Fwartz, 14cFPrran, P:Pltor, St?rr, and Alnn. "Nap" none. There being six "Aires" and no "Na7rs", the P:al-or declared the , Ordinance rased. Ordinance :!o. 1683 is on page 26 of Ordinance anr' RPsclution ook 1. 1-28 The Citi- Attorneir introduce; an ordirr:nce reg=.rd'ng taxica}: on=r-t,ion requir- ing taxicab operators to displa.ir identification, zone naps, and fares, and at the request of the hiavor read a rronosed ordinance in its ent`ret•r for the first time entitled, "AN O.RDINA',1CIE T' A:4r.1ND SECTION 20-21 �7 THE CCrE OF nR"INP_P?CES ^.F Tei'' CITY '`F FAY=ZV7TT•E, AR?A."ZSAS." Director Dunn moved that the rule be suspended and that the Ordinance be nlaced on second reading. The motion .,a_ secondedb`. Director :.cFerran and _passed unanimouslTM 71-P. Ordi- nance was then read for the second t'.me. Director Dunn moved that the rule be further s-.rsnended ar.d that t^e Ordinance be placed or, third and final reading. The motion was seconder.' 1-.r Director Starr and nassed unanimousl-r-. The Ordinance was then read for the third and last. time. The iaver then declared the Ordinance open for discussion. After a discussion, the 'Ia,,ror asi•:ed t,hP .aestion, "Shall the OrCdnarce r-ass'11 Upon roll call the following vote wms recorded: "Ave'' Jones, ::wartz, :,cFerran, `Ielton, Starr, and Dunn. "NF.701 none. There being six "A.: -es" a^•c no "Na' -s", th.e P.ai-or cec',ared t:he Ordinance passed. Ordinance I:o. 16.84 is on nage 2' of Ordinance an^ RPsi'lut`or book 1. 2-28 The CitTr :•:anaeer reported that this i.:as the time rd the glace set for a cont_-n- uation of the public hearing on petitions for an I^,rrcvemPnt, District to be ' formed in a.r. area J1itting East and iIock Avenues -ing between the north boun- dary of 1•:radow "'treet and south boundarir of Dickson Street as set forth in Resolution No. 5-69. At, the Mair 19, 1969, meeting, Title Reports from the Greer Abstract Com:panv were rresented showing the total assessed valuation of nron- ertp in the area to to $50",360.Oc, The assessed valuation of the property of the owners signing the petition is $17 860.00. The assessed valurotion of the rrcperty o` the owners not signing the retition is Director St,-•rr moved that the netitior be ruled insufficient.. :his motion died for lack of a second. Director Dunn moved that the petition be deemed sufficier•t for the purpose of creating an Improvement District. The motion was seconded hr Director ..cF'erran, and unon rol'_ call the following vote was recorded: "Ave" Swartz, i•icFerran, ?.P1ton, and :Dunn. "Aar" .tarr. Abstain: Jones. There being fo,.ir "A.1res" and cn_7r one "Na^", the b_a^or ceciared the notion passed. 3-28 The City Attorr•e7- introduced and, at the rec:uest of the Ea7ror, read a prnnosed ordinance in its entirety for the first, ', me entitled, "AP? OBDIN.AN TT PROVIDE ROCEPI'RF. TO BE FCLLO:ro":r' FnR eTZE:ET AN.n !TJ CLOSL^!Gg Ai;D I14T'('S11:0 A. FEE THEREFOR. " Pirectcr Dunn moved that the rile be suspended and that the Orr�innnce be placed on second reo;iding and that itbe read in its entirety. The motion was seconded by Director i:cFerran and passed unanimously. 'be Ordi- nance was thea read for the second time. Director Jones moved that tl-e rule he further susperded and that the Crrl =ce , be placed or. third and final reading. The motion was seconded h7 Director 1•:cFerran and rassec' unanimous' -r. The Jrdinance was tier re=al for the third anal last time. The :Ial-or then dec':ared the ^rdinance open for disc.rssicr,. After a d4scassion, the ; at-cr a:=ked the we question, "Shall the Ordinance pass?" Upon roll c ll the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Play" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. rOrdinance No. 1685 is on page 28 of Ordinance and Resolution Book 1. The City Manager presented in Memo # 152 an outline for Procedures for Street Improvements, the Improvement District Method, and Advance Payment Procedure. Director McFerran moved that the City Attorney be instructed to include the salient provisions of these policies in ordinance form for adoption at the next meeting. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Director Starr moved to change the date of the September 1, 1969, meeting to September 2, 1969, because of the Labor Day Holida*r. The motion was.seconded by.Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 1671 OF THE CODE OF ORDINANCE OF THE CITY OF ' FAYETTEVILLE ENTITLED "AN ORDINANCE TO TAX, REGULATE, AND CONTROL THE SALE OF ALCOHOLIC BEVERAGES, BEER, AND WINES BY PRIVATE CLUBS", TO ADD A DENALTY FOR LATE PAY14ENT OF THE SUPPLEMENTAL TAX." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Jones and passed unanimously. The Ordi- nance was then read for the second time. Director Jones moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Swartz and passed unanimously. The Ordi- nance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. After a discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Naps", the Ma*ror declared the Ordinance passed. " Ordinance No. 1686 is on page 29 of Ordinance and Resolution Book 1. Director Dunn moved that City Manager Howe be directed to work with Noark Commander Aviation, Inc. on the request for an amendment to fixed base operator lease agreement at Drake Field. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. ' The City Manager presented a Youth Center membership report showing percent- ages of enrollment compared with school enrollment by grade and sex. 29 5 1-29 2-29 3-29 4-29 5-29 1-30 ^irector Starr moved to aut],orize the nurchase of an electric Fork Lift for the 'oll.ut;on Control 'lant fro-. R. A. Young and Sons for a net cost of T25800. ' The motion was seconded by Director Dunn, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, iicFerran, T,elton, Starr, and Dunn. "Nair" none. There being six "Ages" and no °Plays", the "Mayor declared the motion nassed. "here 1-einE no `urther h.isiness, lirector Dunn moved to adjourr. The motior was seconded h.- Director Starr and rased uranimoue:v, wFpreuree the fa-ror decl%,red the ^eeting adjourned. ATTEST: hARIL �1 bio E, C LERE A'T ROVED: e/ /% C. G. :ELTOA?, R., idAYOR 30