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HomeMy WebLinkAbout1969-08-04 Minutes1 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS ' August 4, 1969 ti The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, August 4, 1969, in the Directors Room in the City Administra- tion Building at 7:30 P.M. Present: City Manager Wesley M. Howe, City Clerk Marilyn Moore, City Attorney Richard. Wells, and Directors Jones, Swartz, McFerran, Melton, Lancaster, and Starr. Absent: Director Dale Dunn. Representatives of the press were present. The minutes of the regular meeting on Monday, July 21, 1969, a copy of which had previously been mailed to each of the Directors, were approved as written. The City Manager presented the petition of Milton D. Davis to rezone certain 1-35 property located on Wedington Drive from R -1B, Single Family Residential District to C-1, Neighborhood Commercial District. The property is now occu- pied by the Stop and Shop Grocery Store and auto service station as a non- conforming use. The property was so used when it was annexed to the City in 1956. The present owner acquired the property in 1961. After a public hearing and due consideration, the Planning Commission, in February 1968, recommended against the proposed rezoning and the staff at that time reco- mmended that the Board of Directors uphold the Planning Co=ission decision and deny the rezoning request. Action by the Board of Directors was tabled pending completion of the land use plan. If it is the applicant's desire ' to enlarge the existing non -conforming use, such can be done with the consent of the owner's of at least 75 percent of the street frontage of those parcels of property within 300 feet. IThe land use plan under formulation indicates continuation of the existing residential character of the neighborhood. 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 ZONING ORDINPNCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZ014E CERTAIN REAL ESTATE FROM R -1B3 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-1, NEIGHBORHOOD COAMfERCIAL DISTRICT." Director Jones 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 McFerran 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 was then read for the third and last time. The Mayor then declared the Ordi- nance open for discussion. After a discussion, the Mayor asked the cuestion, "'Shall the Ordinance pass?" Upon roll call the following vote was recorded: 10Aye" none. "Nay" Jones, Swartz, McFerran, Melton, Lancaster, and Starr. There being six "Nays" and no "Ayes", the Mayor declared the rezoning denied. The City Manager presented the petition of William M. Voss and Alice Voss for 2-35 1 the rezoning of property on the north side of Sycamore Street and 100 feet east of Leverett Avenue from R -1B, Single Family Residential District to R-3, Multi - Family Residential District which had been recommended by the Planning Commission. 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 35 N 1 -3 6 ZONING CRDINAP'CE NC'. 1239, !ND REVISED ZONING DISTRICT MA.p OF P YF.TTEVILLE, ARKANSAG, APPROVED KAY 28, 1962) AS AMENDED, TO REZONE CERTAIN REAL, ESTATE ' FROM R -1B, SIPIGLE FAMILY RESIDEtJTIAL DISTRICT TO R-3, MULTI -FAMILY RESIPEN- TIAL DISTRICT." Director Starr moved that the rule be suspended and that the Crdinarce be placed on second reading. The motion was seconded b., Director Swe.rtz and Passed unnnimouelir. The Ordi- nance was then re•d for the second time. Director McFerrar moved that t}e rule be further susrerded are +hnt. the Crdi- narce be rlaced on third and final reading. The motion was seconded hir Director Lancaster and passed unanimouslir. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. After a discussion, the Ma^or asked the question, "Shall the Ordinance passO1 Upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr. "P,'av" none. There being six "Aires" and no "P:ays°, the Piavor declared the Ordinance passed. s Ordinance No. 1689 is on page 34 of Crdinance and Resolution Book 1. The City Manager Presented the petition of Jerr*r P. SweetsPr and Sharon J. Sweetser to rezone certain property located on the northwest corner of the intersection of Forth Street and Gregg Avenue from R -1E, Single Family Resi- dentia_ ;istrict to H-3, !ult.i-Famil7- Residential District which had been recommended bi- the Planning Commission. The Citi- Attorney introduced and, at the reouest of the Mavor, read a proposed ordinance in its entiretir for the first time entitled, "All PRDINAI.`CE AMET1pING ZONING ORDINANCE N%. 12393 AND REVISED ZONING nISTRICT 'iCAr OF FAYETTEVILLE, ' ARKANSAS, APPROVED MAY 285 19621 AS A10'DED, TO REZONE CERTaIN REAL E"TATE FROM R -1B, SINCLE FAMILY RESIDENTIAL DISTRICT TO R-3, 1'11LTI-FAMILY RESIPEN- TIA.L DISTRICT.." Director Starr moved that the rule ho suspended ane that the Ordinance be placed on second reading. The motion was seconded by Director LcFerran are passed unanimousl*-. The Ordinance was then read for the second time. Director Lancaster moved that the rule he further suspended and that the Ordi- nance be placed on third and final reading. The motion was seconded by Director Swartz end passed unanimousl.r. The Ordi- nance was then read for *he third and last time. The MaIror then declared the Ordinance open for discussion.. After a discussion, the Kavor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aire" Jones, Swartz, McFerrin, ^,elton, Lancaster, and Starr. "Nair" none. There being s:x "Aires" and no "Nays", the :v:a1ror declared the Ordinance passed. Ordinance No. 1690 is on page 15 of Ordinance are, Resolution book 1. 2-36 The Citv Manager nreserted the petition of William H. Bassett to rezone certain property located at 222 South College from C-2, Thorou& fare Commercial District to R -L, '-Ault.i-Family Residential and Porritcry Pi strict. The City Attorney introduced and, at the recuest of therlayor, read a proposed ordinance in its entirety for the first time entitled, "A1.' CR INAD'CE AhED'DING ZONING ORPIN^NCE N0. 12392 .AND RL'VISED ZONING DISTRICT MA" rF FA,YETTEVILLE, ARKANSAS, APPROVED MAY 289 19625 AS ARIENDED, TO REZONE CERTAIN REAL ESTPTE FROM C-2, THOROUGHFARE COMMERCIAL rISTRICT TO R-45 EULTI-FAMILY RESIPENTIA.L AND r0fP=T0RY DISTRICT," Director Lancaster moved that the rule he susoended and }hat the Ordinance be placed on second reading. 36 3 The motion was seconded by Director Starr and passed unanimously. The Ordi- nance was then read for the second time. Director Starr moved that the rule be further suspended and that the Ordi- nance be placed on third and final reading. The motion was seconded by Director Lancaster and passed unanimously. The Ordinance 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, Lancaster, and Starr. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. 4' Ordinance No. 1691 is on page 36 of Ordinance and Resolution Book 1. The City Manager presented the petition of Kate Mitchell to rezone certain 1-37 property located on Highway 45 East just east of Buckner -Braden (Highway 265) Road from A-1, Annexed Territory District. The Planning Commission recommended that the property be rezoned to R -P, Professional Office Residential 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 AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FA.YETTEVILLE, ARKANSAS, APPROVED MAY 283 19623 AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-13 ANNMED TERRITORY DISTRICT TO R -P, PROFESSIONAL OFFICE RESIDENTIAL DISTRICT." Director Jones 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 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 Lancaster and passed unanimously. The Ordinance was then read.for the third and last time. The Mayor then declared the Ordinance open for discussion. After a discussion, the Mavor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, and Starr. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. " Ordinance No. 1692 is on page 37 of Ordinance and Resolution Book 1. Director Swartz moved that the Mayor and City Clerk be, and they are hereby, 2-37 authorized to execute the Agreement with the Northwest Arkansas Regional Plann- ing Commission for zoning and subdivision planning advisory services. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye"Jones, Swartz, McFerran, Melton, Lancaster, and Starr. "Nay's none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. The City Attornev introduced and, at the request of the Mayor, read a 3-37 proposed ordinance in its entirety for the first time entitled, "AN ORDI- NANCE CHANGING THE NAME OF A PORTION OF EAST CENTER STREET TO LIGHTON TRAIL, IN THE CITY OF FAYETTEVILLE, ARKANSAS." Director McFerran moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Starr and passed unanimousl7-. The Ordi- nance was then read for the second time. Director Swartz moved that the rule be further suspended end that the Ordinance 37 4 he placed on third and final reading. The motion was seconded by Pirector =°cFerran and Passed unanimously. The ' Ordinarce was then read for the third and last time. The P.:a^or then declared the Crdinarce open for discussion. There heing no discussion, the A:aror asked the question, "Shall the Ordinance pass"' Upor. roll ca -l'_ the following vote was recorded: "Aye" Jones, Swartz, ;:cFerran, Yelton, Lancaster, and Starr. "Nair" none. There heing six "Aires" end no "Nays", the Mniror declared the Ordinance passed. -= Ordinance No. 1693 is on page 38 of Ordinance and Resolution look 1. 1-38 Director Swartz moved to accert the 'dater and Sewer Budget for the year 1969- 1970 and to rive the City ;tanager and staff the 1at'_tude to ohtain the necessary assistcnee in eonductin� c rate stud-, of the System. The motion was seconded hr Director Lancaster, and upon roll call the follow- ing vote was recorded: "Are" Jones, Swartz, McFerrnn, Melton, Lancaster, and Starr. "^Ia^" none. Therp tieing six "Ayes" and no "Nays the the Mayor declared the motior passed. 2-38 Mayor Melton, with the aprroval of the Board of Directors, appointed Pirectors Lancaster and iIcFerran to assist Citv Manager Howe, 'nater and Sewer Superinten- dent Starr, and Cite Controller Jones in heginning this study of the Water and Sewer System. 3-38 Mayor ::elton requested the Citr ;ianager to evaluate the cost of fcrning an Improvement District for sewerage service in the vicinit7• of Lewis Street, ..eane Street, and Sang Avenue. , 4-38 A petition containing signatures of property cwmers on East and Block Street between Pic'son and e.eadow Street opposing the formation of a Street Improve- ment District in that, area as set forth in Resolution No. 5-69 was received in the Cit7- ;arager's office. 5-38 Director Starr moved that a letter he written to Downtown Fa7retteville Un- limited, inc. requesting reconsideration of the Street Improvement District formation project as set forth in Resolution No. 5-69 due to the limited improvement of the traffic problem and the on_nosition of rropertr- owners to the project; specifying that this rroject is a mistake and requesting Down- town Favetteville Unlimited, Inc. to drop the project. The motion was secorded by Pirector Pwartz, and upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Lanca�.ter, and Starr. "Na v" none. Ahstain: Jones and Melton. There tieing four "Aires" and no "Nays", the Mayor declared the motion Passed. 6-38 The City At.torne7, introduced and, at the reouest of the Yavor, read a proposed ordinance in its entiret7r for t".p first time regarding regulating the sale of liquor and increasing the husiness tax for package liquor sales entitled, "AN ORDINANCE mC MEND CHAPTER 3, ARTICLE II, OF THE MME CF ORPIYPNCES CITY OF FAYETTEVILLE. ARKANSAS." No further action was taken, and the Ordinance was '_eft on the first reading. 7-38 Director Lancaster moved that the Xayor and City Clerk he, and they are herehv. ' authorized to execute the contract with Fayetteville Industrial Development Corporation relative to ac-iuisition of propert^ and development of the Indus- trial nark. ffJ 5 The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Starr. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Director Jon Larry Starr presented a letter tendering his resignation effect- 1-39 ive September 1, 1969, as a member of the City of Fayetteville Board of Direc- tors to the City Manager and the Board of Directors. Mayor Melton appointed a committee consisting of City Manager Howe and Directors 2-39' Jones and Swartz to suggest persons for appointment to the Civil Service Commission, The City Attorney introduced and, at the request of the Mayor, read a proposed 3-39 resolution in its entirety regarding THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. Director Starr moved that the Resolution be adopted. The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Starr. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted. " Resolution No. 20-69 is on page 7 of Ordinance and Resolution Book 1. There being no further business, Director Starr moved to adjourn. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor ' declared the meeting adjourned. OWN . 1 h l m �. 1 APPROVED: (/ ?4el " 47 C. G. MELTON, JR., MAYOR 39