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HomeMy WebLinkAbout1971-07-19 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS July 19, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, July 19, 1971, in the Directors Room of 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, Lancaster, Utley and Stanton. Absent: Director Starr. Others Present: Representatives of the Press. The meeting was conducted by Ernest Lancaster, Assistant Mayor, in the absence of Mayor Starr. The minutes of the last regular meeting on July 6, 1971, copies of which had previously been mailed to each of the Directors, were approved. 1-234 The City Attorney read for the third time, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 19703 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. Asst. Mayor Lancaster acknowledged the receipt of petitions opposing the rezoning of this property. None of the petitioners were present at the meeting. Following discussion by the Board, Director Orton stated that she would vote against the rezoning because of the opposition to it by people who live in the area and who drive up and down Highway 16 East, and because approval of this rezoning would increase "Spot" zoning. Asst. Mayor Lancaster then asked the question, "Shall the Ordinance Pass?" Upon roll call the following vote was recorded: "Aye". Utley and Stanton. "Nay", Orton, Purdy and McFerran. "Abstain", Lancaster. There being only two "Ayes", three "Nays", and one "Abstain", the City Attorney declared the Ordinance did not pass. 2-234 The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 293 1970, TO REZONE CERTAIN PROPERTY FROM C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, AND R-1, LOW DENSITY RESIDENTIAL DISTRICT TO C-2, THOROUGHFARE COMMERCIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Darrell Stanberry to rezone the property known as East Gate Shopping Center. Asst. Mayor Lancaster acknowledged the receipt of petitions opposing the rezoning of this property. None of the petitioners were present at the meeting. Marshall Carlisle, an Attorney representing Darrell Stanberry, was present and answered questions by the Board. Director Purdy moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Orton and passed unanimously. The Ordinance was then read for the second time. Director Stanton 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. 234 The Asst. Mayor then asked the question, "Shall the Ordinance Pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1805 is on pages 110-11 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Ordinance in 1-235 its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 293 1970, TO REZONE CERTAIN PROPERTY FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, Said Ordinance resulting from a rezoning petition filed by Red Arrow Land Company, Inc. to rezone approxi- mately 21 acres on the west side of Buckner -Braden Road one-half mile north of State Highway 16 East. Director Stanton stated that he lives in the area where this property is located and that a number of people in the area had expressed to him their opposition to the rezoning. Paul Long and Kenneth Cook, present in the audience, expressed their opposition to the rezoning. The Board discussed the lack of sewer facilities to this property at the present time and City Manager Howe stated that he could supply the Board with information on these facilities if action on the rezoning was deferred to the next meeting. Walter Niblock, Attorney, representing Red Arrow Land Company, was present and answered questions from the Board. The Ordinance was left on first reading. The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance 2-235 in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM R-0, RESIDENTIAL OFFICE DISTRICT TO R-21 MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a recommen- dation of the Planning Commission that property on the south side of Prospect Street be rezoned. James Holder, a property owner in the area, requested that the Board defer action on this rezoning until the next meeting so that petitions being circulated in opposition to the rezoning could be presented to the Board. Dr. David L. Harner also requested that action on this rezoning be deferred until the next meeting. Following discussion by the Board, the Ordinance was left on first reading. City Manager Howe reported that petitions had been received by property owners 3-235 of the neighborhood of Township Road and Old Wire Road North for the City to cause to be constructed a public sanitary sewer in the area. Mr. Howe stated that he would recommend that this be programmed within the next 12 months and that the work be done next year. City Manager Howe recommended that the Board approve an Application to the 4-235 Arkansas Department of Aeronautics for State funds in the amount of $10,000 to aid in improvements at Drake Field. If approved the State funds will constitute part of the local -State matching funds in F.A.A. project which has been approved for overlaying runways and taxiways. Director McFerran moved that the Application be approved. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. 235 1 1-236 City Attorney Malone reported the results of the lawsuit which had been filed against the City by Donrey Outdoor Advertising Company on the grounds that ' the present Sign and Billboard Ordinance was unconstitutional. Mr. Malone reported that on July 15, 1971, the case was heard in Chancery Court and the result was that the injunction was lifted. Mr. Malone advised the Board that in his opinion the City would have a better chance of upholding the proposed Ordinance amending the one year period to three years. From a legal stand- point he believed the chances of upholding a three-year period would be greater than for a one-year period. Asst. Mayor Lancaster acknowledged receipt of petitions opposing advertising signs and billboards within the City limits and expressing support of City Ordinances regulating said signs and billboards. Following discussion by the Board, City Attorney Malone read for the third time, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747, ARTICLE 4, SECTION 5, SUB- SECTION G. TO PROVIDE THAT ALL SIGNS AND BILLBOARDS NOT CONFORMING WITH THE PROVISIONS OF SAID ORDINANCE BE REMOVED WITHIN A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF SAID ORDINANCE. The Asst. Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", Orton. There being five "Ayes" and only one "Nay", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1806 is on pages 112-13 of Ordinance and Resolution Book 2. 2-236 City Manager Howe reported that bids had been received and tabulated for the purchase of Valve Boxes and Lids and recommended these purchases be ' made from the lowest acceptable bidder as checked on the tabulation sheet. He explained that the bid specified that prices be quoted good for a 12 -month period and one vendor quoted prices for a 6 -month period. Following discussion by the Board, Director Purdy moved that the City Manager's recommendation be approved and the bid be awarded to the lowest acceptable bidder. The motion was seconded by Director Orton, and upon roll call the following vote was recorded. "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. 3-236 City Manager Howe stated that one of the projects planned under the Interim Assistance Program was to remove approximately 38 dead trees in the "I.A.P." area and due to the fact that the City does not have the equipment to accomp- lish this project he requested that the Board waive the purchasing rules and employ West Tree Service to do the work at an approximate cost of $2,000. In answer to questions by the Board, he stated that these trees were on private property, clearance on this project has been received from H.U.D., and the East Fayetteville Citizens Committee was informed of this project and at their meeting a week ago they agreed to ask this Board for approval of this project. Director Utley asked questions pertaining to the use of this money on the street program. Mr. Howe read to the Board the proposed Budget with respect to Street improvements and Clean-up allocations. Director Purdy moved that the City Manager's recommendation be approved and that the purchasing rules be waived and West Tree Service be employed to remove dead trees in the "I,A.P." area. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Stanton. "Nay", Utley. There being five "Ayes" and only one "Nay", the Asst. Mayor declared the motion passed. 236 City Manager Howe recommended the appointment of Mrs. Alvin Rich as a laymember 1-237 to serve on the Pollution Control Committee to fill the vacancy of Mrs. Harry Cook. Director Orton moved that Mrs. Rich be appointed as a member of the Pollution Control Committee. The motion was seconded by Director Utley, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. It was announced that Jeff Scherer has resigned from the Community Appearance 2-237 Committee and anyone interested in this position should contact Mr. Howe's office. The City Attorney read a proposed Resolution authorizing and directing the 3-237 Asst. Mayor and City Clerk to execute a partial release deed on Lot 26, Block 2, Butterfield Subdivision, discharging and releasing the lien now held by the City of Fayetteville by virtue of a contract between ESCO Development Company, Inc. and the City of Fayetteville, Arkansas. Director Purdy 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, Lancaster and Utley. "Abstain", Stanton. There being five "Ayes" and one "Abstain", the Asst. Mayor declared the Resolution passed. *Resolution No. 51-71 is on page 110 of Ordinance and Resolution Book 2. City Manager Howe advised the Board that he has scheduled a one-week vacation 4-237 ' beginning July 26 and ending July 30, and requested that Pat Tobin, City Controller be appointed Acting City Manager with authorization to sign checks, etc., in his absence. Director McFerran moved that Mr. Tobin be appointed Acting City Manager in Mr. Howe's absence. The motion was seconded by Director Purdy and upon roll call, the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. The Fireworks issue, deferred from the last meeting, was discussed. Present at 5-237 the meeting in support of their opposition to fireworks stands in residential areas were Bruce and Lawanda Wilkins and Tony and Phyllis Vanlandingham. Director Purdy requested to go on record as being in favor of completely outlawing the sale and use of Fireworks within the City of Fayetteville. Following discussion on Director Purdy's comment, it was the general feeling of the rest of the Board that outlawing fireworks within the City would not be very effective unless fireworks were outlawed state-wide. At the conclusion of the Board's discussion and comments from those in the audience, Director Utley moved that the City Attorney be authorized to prepare a proposed Ordinance for consideration by the Board, limiting the sale of Fireworks to C-1 and C-2 districts, limiting the dates for sale of fireworks to July 1 through 5, and prohibiting the firing of fireworks after 11:00 P.M. at night. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. 237 1 1-238 Director Orton opened for discussion the subject of the Board of Adjustment's decisions, stating that no action has been taken on Mr. Howe's Memo of March 25, 1971. At the time the memo was written, Mrs. Orton was not familiar with the Board of Adjustment and had not attended any of its meetings. Since that time, however, she has attended a number of its meetings and feels there is sufficient reason to act on this memo. Director Purdy stated that it appears to him that too many variances are being granted by the Board of Adjustment. Following a lengthy discussion it was concluded that the City Attorney would furnish copies of a memo he had written to the Board of Adjustment clarifying the duties of the Board. The Board was advised by City Manager Howe that the Planning Commission is in the process of reviewing some ordinances that need changing and a recommendation from the Planning Commission would be forthcoming. There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Stanton and passed unanimously, whereupon the Asst. Mayor declared the meeting adjourned. ATTEST:OP6611t& � LoVetta Moore, City Clerk APPROVEDA 444 WAgffi �- Ernest Lancaster, Asst. Mayor 238 1 1