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HomeMy WebLinkAbout1969-10-06 MinutesI MINXTES OF A REGULAR MEETIL'G OF THE BOARD OF DIRECTORS October 6, 1969 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, October 6, 1969, in the Directors Room in the City Admini- stration Building at 7:30 P.H. Present: City Manager Wesley M. Howe, City Clerk Marilyn Moore, City Attorney Richard wells, and Directors Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. Absent: None. Representatives of the press were present. The minutes of the regular meeting on Monday, September 15, 1969, a copy of which had previously been mailed to each of the Directors, were approved as written. 1-50 On October 1, 19692 at 2:00 P.M. Beaver 'dater District in cooperation with the Fayetteville Board of Directors received bids for the construction of the 36 inch Beaver transmission line with internal distribution mains and a five million gallon ground storage reservoir to be located at the Baxter Ftreet tank site. Director McFerran moved to recommend to Beaver Mater District that the bid for the construction of the 36 inch transmission line, together with internal dis- trirution mains, and the repairing of approximately 9,000 linear feet of Old Wire Road be awarded to the lowest and best bidder, Tri -City. Construction Co. of Kansas City, Missouri, in the amount of $2,435,216.05, Alternate No. One; that the hid for the construction of a five million gallon ground storage reservoir be awarded to the lowest and best bidder, Northwest Arkansas Steel Co., Inc. of Springdale, Arkansas, in the amount of $235,786.00; and that the Mayor and City Clerk be, and they are, hereby authorized to counter -sign what- ever documents are necessary. The motion was seconded by Director Swartz, 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 Favor declared the motion passed. 2-50 The City Xanager presented the petition of Chateau, Inc. to rezone a 1.83 acre tract located on the east side of Leverett Avenue between Sycamore Street and Ash Street from R -1B, Single Family Residential District to R-30 Multi -Family Residential District which had been recommended by the Planning Conmiseion. 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 N0. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, AP^ROVED MAI 283 1962) AS AMENDED, TO REZONE CERTAIN REAL E°TATE FROM R -1B, SINGLE FAMILY RESIDENTIAL DISTRICT TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT." Director Dunn moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Yelton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. a Ordinance No. 1700 is on page 48 of Ordinance and Resolution Book 1. 3-5C The Cit.9• Manager presented the petition of Floyd F. Nonnamaker to rezone certain property lying approximately 250 feet east of Highway 71 South from R-2, Two Family Residential District to 0-1, Open Land District to permit mobile homes, which the Flanring Commission recommended. 50 2 The Citv Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AK 7A ORDINANCE AMENDING NIt'G ORDItIANCE NO. 1239, AND REVISED ZONING nISTRICP MAP OF FAYETTVILLE, ARKANSAP, APPROVED MAY 289 19629 AS AN"r.NDED, TO REZONE CERTAIN REAL ESTATE FROM R-2, TWO FAMILY RESIDENTIAL D;STRICT TO 0-12 OPEN LAND DISTRICT." Director Dunn moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, N.cFerran, Melton, Lanpaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" are no ":Nays", the Mayor declared the Ordinance passed. t Ordinance No. 1701 is on page 49 of Ordinance and Resolution Book 1. The City Attorney read a proposed ordinance in its entirety for the third time 1-51 entitled, "AN ORDINANCE ESTABLISHING FAYETTEVILLE STREET IMPROVEMENT DISTRICT NO. 60." The Mayor then declared the Ordinance open for discussion. Property owners opposing the formation of a Street Improvement District presented vari- ous objections to the project. Mawr Melton reported that Federal Interim Renewal Funds might be available to complete this project, and that DownTown Fayetteville Unlimited, Inc. and City funds would be used with no cost to the individual property owner. After the discussion, the Mayor asked the question, "Shall the Ordinance pass9" Upon roll call the following vote was recorded: "Ave" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. Abstain: Jones. There being six "Ayes" and no "Kays", the Mayor declared the Ordinance passed. * Ordinance No. 1702 is on page 50 of Ordinance and Resolution Book 1. Director McFerran moved to resolve that the intent of the Board of Directors 2-51 is to use Federal Interim Renewal Funds to do this project, Fayetteville Street Improvement District No. 60, and there is no intent to tax the nropertir owners within this District. The motion was seconded by Director Lancaster, and upon roll call the follow- ing vote was recorded: "Aye" Swartz, McFerran, Lancaster, Starr, and Dunn. "Nay" none. Abstain: Jones and Melton. There being five "Ayes" and no "Nava", the Mayor declared the Resolution passed. * Resolution No. 26-69 is on page 13 of Ordinance and Resolution Book 1. The Technical Advisory Staff presented a detailed report on the reconsideration 3-51 of the request of Vernon Wilson to rezone certain property located on the north- west corner of Wedington Drive and Garland Avenue from R -1B, Single Family Residential District to C-1, Neighborhood Commercial District. The rezoning was recommended by tho Planning Commission and denied by the Board of Directors on August 18, 1969. The reconsideration request was referred to the Technical Advisory Staff for studs• at the Septiaber 15, 1969 meeting. The Staff reco- mmended that C-1, Neighborhood Com ercial District zoning he approved for the property. The Ordinance having been read three times as required on August 180 1969, Director Starr moved that the Ordinance pass. The motion was seconded by Director Lancaster, and upon roll call the follow- ing vote was recorded: "Ave" Jones, Swartz, McFerran, Lancaster, Starr, and Dunn. "Nay" Melton. There being six "Ayes" and only one "Nay", the N.avor declared the Ordinance entitled "AN ORDINANCE AMENDING ZONING ORTK MANCE N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYEfTEVILLE, ARKANSAS, APPRnVED MAY 289 1962s AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAMILY RESIDENTIAL DISTRICT TO C-1, NEIGHBORHOOD COMMERCIAL DISTRICT" passed. • Ordinance No. 1703 is on page 52 of Ordinande and Resolution Book 1. 51 3 1-52 The City Attorney read a proposed ordinance in its entirety for the second time entitled, "AN ORDINANCE TO AMEND SECTION 9-27 OF THE FAYETTEVILLE CODE OF ORDI- NANCES TO FERN.IT USE OF FIREn'ORKS ON CERTAIN DAYS." Director Starr moved that the rules be suspended and the Ordinance pass. The motion was seconded by Direator Dunn, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, KcFerrar., Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nava", the Mayor declared the Ordinance passed. * Ordinance No. 1704 is on page 53 of Ordinance and Resolution Book 1. 2-52 The City Attorney read a proposed ordinance in its entirety for the second time entitled, "AN ORDINANCE TO RECU'IATE AhT CCNTROL THE RETAIL SALE OF FLIZEXRKS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, A TANSAS." Director Dunn moved that the rules be suspended and the Ordinance pass. The :ration was seconded by Director °tarn, and upon roll call the following 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 Ordinance passed. * Ordinance No. 1705 is on page 54 of Ordinance and Resolution Book 1. 3-52 The City Attorney read a proposed ordinance in its entirety for the second time entitled, "AN ORDINANCE REGUTATING VEHICULAR ACTIVITI&S AT DRIVE-IN RESTAURANTS IN THE CITY OF FAYETTEVILLE, ARKANSAS." Director Dunn moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Starr, 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 Yayor declared the ' Ordinance passed. * Ordinance No. 1706 is on page 56 of Ordinance and Resolution Book 1. 4-52 Mayor Melton appointed Director Starr Chairman: of the Water and Sewer Advisory Committee, 5-52 Director Dunn moved to table further discussion on the Water Extension Policy, the Sewer Extension Policy, and the Street Maintenance Policy for two weeks. The motion was seconded by Director Swartz, and upon roll call the following 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. 6-52 The City Manager presented the petition of Brookside, Inc. for the annexation of approximatelw 25 acres southeast of Old Wire Road. The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORT)INANCE ACCEPTING TERRITORY ANNEXED TC THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID TERRI- TORY TO WARDF, AND FOR OTHER PURPOSES." Director I`unn moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Lunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the , Ordinance passed. * Crdinance No. 1707 is on page 58 of Ordinance and Resolution Book 1. 52 4 The Water and Sewer Rate Study Committee recommended to the Board of Directors 1-53 that the firm of Black and Veatch, Consulting Engineers, Kansas City, Missouri, be designated to prepare a comprehensive Water and Sewer Rate Study for the City of Fayetteville. Director Jones moved to accept the recommendation and that the Mayor and City Clerk be, and they are, hereby authorized to execute the contract with Black and Veatch, Consulting Engineers, for q Water and Sewer Rate Study. 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 "Nave", the Mayor declared the motion passed. Director Dunn moved to waive purchasing requirements and that the Mayor and 2-53 City Clerk be, and they are, hereby authorized to execute a contract with National Cash Register Company to overhaul the bookkeeping machine in the amount of $2,385.00. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nav" none. There being seven "Ayes" and no "Naps", the Manor declared the motion passed. Director Starr moved to waive purchasing requirements and that the Mayor and 3-53 City Clerk be, and they are, hereby authorized to execute a contract with Steelcraft Corporation to supply and install a complete set of aluminized inner liners in the refuse incinerator. ' The motion was seconded by Director McFerran, 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 "Nava", the Mayor declared the motion passed. The City Manager presented the Final Plat of the Replat of Lot 1, Block A, 4-53 Stanberry Subdivision and a Replat of Lots 18 and 19, Green Acres Subdivision, which the Planning Commission recommended be accepted. 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 TO ACCEPT AND CONFIRM THE FINAL SUBDIVISION PLAT OF THE REPIAT OF LCT 10 BLOCK A, STAN - BERRY SUBDIVISION, A REPLAT OF LATS 18 and 19, GREEN ACRES SUBDIVISION, DATED AUGUST 8, 1969, IN THE CITY OF FAYETTEVILL.E, ARKANSAS, AND TO ACCEPT AND CON- FIRM THE P.EDICATION OF THE STREETS AND UTILITY EASEMENTS THEREIN." Director Starr moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Dunn, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nava", the Mayor declared the Ordinance passed. e Ordinance No. 1708 is on page 59 of Ordinance and Resolution Book 1. The City Manager presented the Final Plat of a Replat of a Replat of Lots 20 5-53 and 21, Green Acres Addition, which the Planning Commission recommended be ' accepted. 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 TO ACCEPT AND CONFIRM THE FINAL SUBDIVISION PLAT KNOWN AS THE FINAL PLAT OF A REPLAT OF A REPLAT OF LOTS 20 AND 219 GREEN ACRES ADDITION, DATED FEBRUARY 99 1968, IN 53 E THE CITY OF FAYETTEVILL99 ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREETS AND UTILITY EASEMENTS THEREIN." , Director Dunn moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Jones, 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 "Naps", the Mayor declared the Ordinance passed. * Ordinance No. 1709 is on page 60 of Ordinance and Resolution Book 1. 1-54 The City Manager presented the request of Frank Giles to rename that portion of Giles Road which is located north of Highway 16 West and east of the new Highway 71 By -Pass Cabinet Lane. The City Attorney introduced, and at the request of the K&:Wor, read a proposed ordinance in its entiretv for the first time entitled, "AN ORDINANCE TO NAME A STREET WITHIN THE CO3PORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS." Director YcFerran moved that the rules be suspended and the Ordinance pass. The motion was seconded b^ Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, DicFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Apes" and no "Nays", the Mayor declared the Ordinance passed. * Ordinance No. 1710 is on page 61 of Ordinance and Resolution Book 1. 2-54 The City Manager presented the request of Frank Giles to name a new road which is located north of highway 16 West and west of the New Highway 71 By -Pass Giles Road. The City Attorney introduced, and at the request of the Major, read a proposed ' ordinance in its ertiret•r for the first time entitled, "AN ORDINANCE TO NAME A STREET KTHIN THE COP.FCRATE LIDMITS OF THE CITY OF FAYSTTE6:T1.E, ARKANSAS." Director McFerran moved that the rules be suspended and the Ordinance pass. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, DicFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "A+res" and no ":Rays", the Mayor declared the Ordinance passed. # Ordinance `do.1711 is on page 62 of Ordinance and Resolution Ecok 1. 3-54 Mayor Melton, with the consent of the board of Directors, appointed the follow- ing persons to the Comm=it" Appearance Comrdttee. COMMUNITY APPEARANCE CO&;ITTEE Bill Putnam Austin Broadway Mrs. Robin Anderson Allan Gilbert Mrs. Hal Douglas David Gearhart Mrs. C. E. Wiggins 4-54 The City Manager announced that he would be out of town to attend the International City Manager's Association meeting to be held in 1�ew York City on October 10 through 17, 1969 and recommended that Mr. Albert J. Jones be appointed Acting City Manager in his absence. Director H.eFerran moved tc appoint Dir. Albert J. Jones Acting City Manager in City Manager Howe's absence. The motion was seconded by Pirector Swartz, and upon roll call the following 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. There reing no further business, Director McFerran moved to adjourn. The motion was seconded by rirector Lancaster and passed unanirlqusly whereupon the Yavor declared the mee 'rg adjourned. [[,/yy or ATTEST: ` APPROVED: A :I..1N :; -R.E, _TY R1S 54 C. G. MELTON, JR. MAYOR