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HomeMy WebLinkAbout1971-06-21 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS ' June 21, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, June 21, 1971, in the Directors Room in the City Admini- stration Building at 7:30 p.m. Present: City Manager Wesley M. Howe, City Clerk LoVetta Moore, City Attorney David Malone, and Directors Orton, Purdy, McFerran, Starr and Utley. Absent: Director Stanton. Absent at Roll Call but entering later: Director Lancaster. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on June 7, 1971, and the adjourned meeting held June 10, 1971, copies of which had previously been mailed to each of the Directors, were approved. 1-224 Mayor Starr reported that this was the time and the place set for a public hearing on the closing of a dead end 10 -foot alley extending approximately 170 feet south of Watson Street and located about 200 feet west of St. Charles Avenue. The Mayor opened the public hearing and there being no objections from the audience, the public hearing was closed. The City Attorney read a proposed Ordinance in its entirety entitled: AN ORDINANCE VACATING AND ABANDONING A PUBLIC ALLEY RUNNING NORTH AND SOUTH BETWEEN THE SOUTH BOUNDARY LINE OF WATSON STREET AND THE NORTH BOUNDARY LINE OF A PUBLIC ALLEY RUNNING EAST AND WEST BETWEEN THE WEST BOUNDARY LINE OF ST. CHARLES AVEN0 4ND LOT:NUMBEEEBM- IRTEEN (13) IN BLOCK NUMBERED EIGHT ' (8) OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. Director Utley moved that the rules be suspended and 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 Purdy moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the third and final time. The Mayor asked the question, 'Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr and Utley. "Nay", None. There being five "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1800 is on Pages 102 and 103 of Ordinance and Resolution Book 2. 2-224 Mayor Starr reported that this was the time and the place set for a public hearing on a request from Television Communications Corporation for permission to increase the monthly charge for cable television service. Lynn Wade, an Attorney representing Trans -Video, summarized the reasons for the rate increase request and asked that the Board defer action on this issue until it has heard Joseph F. Brennan, President of Associated Utility Services who plans to be present at the next Board meeting. Mr. Brennan will be in a position to explain the financial status of the Company and present a financial statement to the Board. Harold "Rip" Lindsey, Manager of Trans -Video, was also present and answered questions from the Board and the audience. Further action on this ' issue was then deferred to the next regular meeting. Director Lancaster entered the meeting at 8:40 p.m. 224 At the Mayor's request, the City Attorney read for the second time a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND REZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 292 1970, TO REZONE CERTAIN PROPERTY FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT, TO C-2, THOROUGHFARE COMMERCIAL DISTRICT, Said Ordinance resulting from a rezoning petition filed by James F. and Billye A. Fletcher to rezone 1.98 acres located east of Stone Bridge on the south side of Highway 16 East. Mr. Elvie P. Heiney, Realtor, was present at the meeting, representing the petitioner, and answered questions regarding the rezoning. Present and opposed to the rezoning were Lester C. Atkison, Willis Drake, Don Ward, Robert Phelean, W. H. Bradley and Ray Baggett. The opponents stated they were not in attendance at the Planning Commission meeting when this rezoning was last presented because they were not notified that it was on the agenda. This property was first considered for rezoning to allow a liquor store to operate there. Mr. Heiney was asked what business would be put on this property and he stated it would be a retail furniture store. The opponents questioned the feasibility of a furniture store at this location and asked if it would be possible to prevent future operation of a liquor store on this property once it is rezoned C-2. They were advised that once the property is rezoned, a liquor store could operate there at some future time. Following further discussion between all those present, Director Orton moved that this issue be referred back to the Planning Commission to give them the opportunity to hear the opponents as this Board did at this meeting. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Utley and Lancaster. "Nay", Starr. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed. At the Mayor's request, the City Attorney read for the second time a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 290 1970, TO REZONE CERTAIN PROPERTY FROM I-1, LIGHT INDUSTRIAL DISTRICT AND HEAVY COMMERCIAL DISTRICT, TO R-3, HIGH DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by James R. Bexley to rezone a tract located at the southwest corner of Gregg Avenue and Center Street. Following discussion by the Board, Director Orton moved that the petition be referred back to the Planning Commission and that they take into con- sideration keeping the entire strip South from Center Street along Gregg Avenue within the same zoning; either rezone all the strip to R-3 or leave it all I-1. The motion died for lack of a second. The Ordinance was left on second reading. Mayor Starr asked if there were any questions regarding the General Fund Audit Report which was presented to the Board members at the last meeting. Director Orton asked if it was a policy to publish a City Financial Statement in the local newspaper. City Attorney Malone stated that a Notice is pub- lished in the newspaper stating that a copy of the Audit is on file in the City Clerk's Office, and that copies are also distributed to the Circuit ' Clerk's Office, Libraries, and other appropriate officials. 22S 1-225 2-225 3-225 1-226 The City Attorney read a proposed Resolution, at the Mayor's request, authorizing and directing the City Manager to execute a contract by and between the University , of Arkansas, and the City of Fayetteville for the conduct of a Police -Community Relation Survey. Mr. Howe answered questions from the Board concerning the breakdown of the finances involved. Several members of the audience commented on the relationship between the citizens of Fayetteville and our Police Depart- ment. Director Utley stated that he could see no benefit to be gained from such a study; that such a study would produce volumes of papers from the minority in opposition to our Police Department and nothing from the majority that supports our Police. Following discussion by the Board and the audience, Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, McFerran and Lancaster. "Nay", Starr and Utley. "Abstain", Purdy. There being three "Ayes", two "Nays", and one "Abstain", the City Attorney de- clared the Resolution failed to pass. 2-226 The City Attorney read a proposed Resolutiod, at the Mayor's request, authorizing and directing the Mayor and City Clerk to execute a partial release deed to ESCO Development Company, Inc., discharging and releasing the lien now held by the City of Fayetteville on Lots 2, 4 and 10, Block 1; Lots 8-30, inclusive, Block 2; Lots 1-16, inclusive, Block 3; and Lots 9-13, inclusive, Block 4, in Butterfield Subdivision. Director Orton moved that the Resolution be adopted. The motion was seconded by Director McFerran, and upon roll call the following ' vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 46-71 is on Page 105 of Ordinance and Resolution Book 2. 3-226 The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ORDINANCE NO. 1750, ARTICLE I, SECTION D, TO INCLUDE A DEFINITION OF PAVEMENT WIDTH, AND TO INCLUDE A DEFINITION FOR URBAN STREETS AND RURAL STREETS; AND TO AMEND ORDINANCE NO. 1750, ARTICLE 4, TO DESIGNATE THE WIDTH OF LOCAL STREETS (URBAN) AS THIRTY (30) FEET AND TO DESIGNATE THE WIDTH OF COLLECTOR STREETS (URBAN) AS THIRTY-SIX (36) FEET. Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the second time. Director McFerran moved that the rules be further suspended and 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 final time. The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1801 is on Pages 104 and 105 of Ordinance and Resolution Book 2. 226 ' The City Attorney read, at the Mayor's request, a proposed Ordinance in its 1-227 entirety entitled: AN ORDINANCE ESTABLISHING OFF-STREET PARKING METER FACILITIES AT THE FAYETTEVILLE MUNICIPAL AIRPORT (DRAKE FIELD). Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the second time. Director Purdy moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Orton and passed unanimously. The Ordinance was then read for the third and final time. The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1802 is on Page 106 of Ordinance and Resolution Book 2, The City Attorney read for the second time, at the Mayor's request, a proposed 2-227 Ordinance in its entirety entitled: AN ORDINANCE TO AMEND CHAPTER 19, ARTICLE 5, DIVISION 2, SECTION 19-169 OF THE CODE OF ORDINANCES, CITY OF FAYETTEVILLE, ARKANSAS, TO REMOVE CERTAIN PARKING METERS SPACES ON THE SOUTH SIDE OF MOUNTAIN STREET. Said Ordinance would provide courtesy parking for City utility customers. Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the second time. Director Purdy moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the third and final time. The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1803 is on Page 107 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 3-227 and directing the Mayor and City Clerk to execute a release deed or deeds releasing the lien now held or to be held by the City of Fayetteville under contracts entered into or to be entered into guaranteeing the installation of improvements required under Ordinance No. 1750. Said Resolution would authorize the Mayor and City Clerk to execute release deeds after they have received certification of com- pletion of said improvements from the City Engineer, Street Superintendent, or Water & Sewer Superintendent of the City and favorable recommendation by the City Manager, thus eliminating the necessity for passage of a Resolution authorizing execution of release deeds by this Board each time these conditions have been met. Director Purdy moved that the Resolution be adopted. The motion was seconded by Director Orton and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. ' There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 47-71 is on Page 106 of Ordinance and Resolution Book 2. 227 1-228 The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747, ARTICLE 4, ' SECTION 5, SUBSECTION G. TO PROVIDE THAT ALL SIGNS AND BILLBOARDS NOT CON- FORMING WITH THE PROVISIONS OF SAID ORDINANCE BE REMOVED WITHIN A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF SAID ORDINANCE. Considerable discussion ensued as to whether the three-year period should be adopted or the one-year period should be retained. Following this discussion, Mayor Starr moved that the rules be suspended and the Ordinance be placed on second reading. The motion died from lack of a second and the Ordinance was left on first reading. 2-228 City Manager Howe reported that bids had been received and tabulated concerning the possible sale of a portion of the Lake Wilson and Lake Fayetteville properties. Mr. Howe distributed copies of the tabulation to the members of the Board. Director McFerran moved that all bids be rejected and that none of the property be sold. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. 3-228 Petitions purporting to bear 2,228 signatures of Fayetteville citizens objecting to the sale of the Lake properties were submitted to the City Clerk. Following comments from various members of the audience concerning the sale of Lake properties, Director Orton moved that the City set up one or more public hearings, starting in September, for the purpose of hearing proposals from individuals and groups concerning the future use of the City owned property , of Lake Fayetteville, Lake Sequoyah and Lake Wilson. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. 4-228 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the City Manager and City Clerk to execute a contract between the City and McClelland Consulting Engineers, Inc. to design relocation of water lines necessitated by Highway 71 North construction. Said construction will widen Highway 71 North to four lanes between North Street and the Sears Shopping Center. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 48-71 is on Page 107 of Ordinance and Resolution Book 2. 5-228 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the condemnation of easements in certain lands in Washington County, Arkansas, for use in construction, operation and maintenance of water facilities and appurtenances thereto. The location of land affected by this Resolution is Old Wire Road east of Old Missouri Road, Pump Station Road and Morningside Drive (City Lake Road) and the vicinity of Township Road and , Johnson Road. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: 228 ' "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 49-71 is on Page 108 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 1-229 the City Manager to cause studies to be made of the approximate cost of street improvements on Lollar Lane north of Trenton Boulevard, Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Orton and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 50-71 is on Page 109 of Ordinance and Resolution Book 2. There being no further business, Director McFerran moved to adjourn and change the next regular meeting to July 6 rather than July 5 because of the 5th being a Holiday. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjour ATTEST: 540 r)J;6& mow LoVetta Moore, City Clerk APPROVE 229