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HomeMy WebLinkAbout1971-08-07 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 7, 1971 ' The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, September 7, 1971, in the Directors Room of the City Administration 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 City Administration and Press. The meeting was conducted by Ernest Lancaster, Assistant Mayor, in the absence of Mayor Starr. The minutes of the last regular meeting on August 16, 1971, copies of which had previously been mailed to each of the Directors, were approved after a correction was made. The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in 1-251 its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 19703 TO REZONE CERTAIN PROPERTY FROM R-0, RESIDENTIAL OFFICE DISTRICT TO C-2, THOROUGH- FARE COMMERCIAL DISTRICT, said Ordinance resulting from a recommendation from the Planning Commission that a tract North of Spring Street on the West side of College Avenue be rezoned. Roy Clinton, Chairman of the Planning Commission, was present at the meeting and explained why the Planning Commission has recommended the rezonings on the agenda for this meeting. Mr. Clinton answered questions from the Board and the audience. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran, and upon roll call passed unanimously. The Ordinance was then read for the second time. Director Orton expressed that she was in favor of leaving the Ordinance on second reading because of the controversy involved in the rezoning of property across the street from this property. 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 Utley, and 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 motion passed. The Ordinance was then read for the third and final time. 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. 1811 is on Pages 130-31 of Ordinance and Resolution Book 2. 251 1-252 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 299 19702 TO REZONE CERTAIN PROPERTY FROM R-0, RESIDENTIAL OFFICE DISTRICT, TO C-2, THOROUGH- FARE COMMERCIAL DISTRICT, said Ordinance resulting from a recommendation from the Planning Commission that a tract North of Spring Street on the East side of College Avenue be rezoned. Director Purdy stated that he had received one protest on this rezoning from a Mrs. Davenport. The Board heard Margaret Bell and Lela Tisdale, members of the audience, both protesting the rezoning. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", McFerran, Lancaster, Utley and Stanton. "Nay", Orton and Purdy. There being four "Ayes" and two "Nays", the City Attorney declared the motion did not pass. The Ordinance was left on first reading. 2-252 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 29, 19703 TO REZONE CERTAIN PROPERTY FROM C-3, CENTRAL COMMERCIAL DISTRICT, TO R-0, RESIDENTIAL OFFICE DISTRICT, said Ordinance resulting from a recommenda- tion from the Planning Commission that a tract North of Spring Street between Block Avenue and 1/2 block West of Locust Avenue and South of Spring Street ' between Church Avenue and 1/2 block East of Church Avenue South of Meadow be rezoned. The Board heard Virginia Prickett, Alice McGinnis, Mrs. J. F. Backstrom, Pete Estes, and John Jarvis, all property owners in the area, protesting the rezoning. Asst. Mayor Lancaster acknowledged receipt of a petition bearing 43 signatures. Those present in the audience who had circulated the petition stated this was 100% of the property owners in the area, all opposed to the rezoning. Roy Clinton discussed the reasons for the Planning Commission's recommendation that the property be rezoned. He explained that under the present zoning, if a residence burned, it could not be rebuilt and that remodeling or repairs to a building could not exceed 10% of its value within any one year. The Planning Commission believes it is in the best interest of the property owners that the rezoning be approved. Following a lengthy discussion by the audience and the Board, it was concluded by the Board that it appears the Planning Commission is trying to do these people a favor but if the property owners are against the rezoning, they must give consideration to the wishes of the property owners. Director Utley agreed with this with the exception that someone not present at the meeting might wish to change their minds in view of the facts presented and he would like to delay taking further action on this issue until the next meeting. Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. 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. The Ordinance was then read for the second time. 252 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 ' 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. The Ordinance was then read for the third and final time. Asst. Mayor Lancaster then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", None. "Nay", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. There being six "Nays" and no "Ayes", the Asst. Mayor declared the Ordinance did not pass. 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 29, 19703 TO REZONE CERTAIN PROPERTY FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT, TO R-0, RESIDENTIAL OFFICE DISTRICT, said Ordinance resulting from a recommendation from the Planning Commission that a tract on the West side of West Avenue from South Street to Meadow Street from West Street to the railroad track be rezoned. Following discussion by the Board, Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Lancaster, and upon roll call passed unanimously. The Ordinance was then read for the second time. Director Orton moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Purdy, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. Asst. Mayor Lancaster 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. 1812 is on Pages 132-33 of Ordinance and Resolution Book 2. Asst. Mayor Lancaster introduced the next item of business as being an appeal from James W. Holder to the Board of Directors of a decision of the Planning Commission to deny a petition for rezoning a portion of land from R-0, Resi- dential Office District to C-2, Thoroughfare Commercial District. The property involved is located on the West side of College Ave. between Trenton Blvd. and Prospect Street. Mr. Holder spoke concerning his appeal to this Board. He explained that his request for rezoning had been denied on the grounds that there is a blind curve and the traffic volume is very heavy at this location. He stated he feels this is a very weak denial because we have hills and blind curves all over Fayetteville. He purchased this property on a commercial basis but is now unable to sell it for C-2. In connection with Mr. Holder's appeal, Dr. David Harner's appeal to this Board of a rezoning denial by the Planning Commission was also discussed. Dr. Harner was present and discussed his appeal. Dale Slaughter, owner of the Motel at North College and Trenton, ' the owner of Nick's D -X Service Station on North College, and Glen Wing, all interested property owners in the zoning on North College, were present and participated in the discussion. The Slaughters had circulated a petition 253 1-253 1 2-253 1 and had received signatures from approximately 90% of the property owners in the area requesting that the area be returned to C-2 zoning. , Following discussion by the Board, Director McFerran moved that the City Attorney be directed to prepare a Petition to amend the zoning Ordinance to rezone the property on the West side of College from North Street to Trenton Street from R-0 to C-2. This action would put the matter before the Planning Commission for public hearing and study of the entire area. 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. Director Orton moved to table action on the appeals of Mr. Holder and Dr. Harner until public hearings have been held and the Planning Commission has made a recommendation on these two issues. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, and Utley. "Nay", Stanton. There being five "Ayes" and only one "Nay", the Asst. Mayor declared the motion passed. 1-254 The City Attorney read for the second time, 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 R-0, RESIDENTIAL OFFICE DISTRICT TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting ' from a recommendation of the Planning Commission that property on the South side of Prospect Street be rezoned. Following discussion by the Board, Director Purdy moved that the rules be suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director McFerran, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. 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. 1813 is on Pages 134-35 of Ordinance and Resolution Book 2. 2-254 The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ORDINANCE NO. 1747 TO PERMIT HOME FURNITURE ESTABLISHMENTS IN C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Director Orton read the definition of C-1 and stated she does not feel a furniture store belongs in neighborhood -commercial zoning. Following discussion by the Board, Director Utley moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Stanton, and upon roll call passed unani- mously. 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 Utley, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. 254 ' The Asst. Mayor then 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. 1814 is on Page 136 of Ordinance and Resolution Book 2. Bill Morton, past President of the Chamber of Commerce, spoke concerning the need for an Ordinance to regulate the moving of substandard buildings from within the City to locations outside the City. Following discussion by the Board, Director Stanton moved that the City Attorney be instructed to draw up an Ordinance regulating the moving of substandard buildings, said Ordinance to require that a building cannot be moved until it is brought up to standard. 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. City Manager Howe reported on the financial feasibility of alternative solid waste landfill disposal arrangements. Mr. Howe's comments were based on Administrative Memo #194. Following discussion by the Board, Director Orton moved that the City Manager be directed to start looking for appropriate land for a sanitary landfill ' for Fayetteville and present the Board a cost estimate on feasible landfill sites. 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 City Attorney read, at the Asst. Mayor's request, a proposed Resolution authorizing condemnation proceedings to acquire right-of-way for proposed Highway 265 extension, said authorization to accomplish the widening and straightening of Crossover Road. Director Orton stated she had checked on this area and found that the proposed route is to bypass a steep grade by relocating a portion of the highway to the West. This would take the home of an elderly lady who is very much opposed to losing her home. Mrs. Orton said the 1970 map shows the road going to the East around the hill and she is not in favor of spending the City's money in this manner. V. 0. Selby, an Engineer with the Arkansas Highway Department, was present and stated that alternate surveys of the road show the proposed route to be the only feasible way. Tom Taylor, a member of the audience, stated he believed it would be more feasible to change the road to the West around the hill. Mr. Selby still maintained that their studys showed it would not. Director Purdy asked where the money to acquire the right-of-way by condemnation would come from. Mr. Howe stated the City does not have the money in the Public Works fund and some cash would have to be put up immediately. Mr. Howe further stated he sees no way that we could decrease this year's budget because we are committed to certain projects. Mr. Selby stated funds have been allocated by the State Highway Department and work is scheduled to begin on this project in 21 to 30 days. 255 1-255 1 2-255 1 3-255 1 Director McFerran moved this item be tabled and the City Manager be authorized to get all the help he can to somehow raise the money because this is a very , important project for all areas of traffic in Fayetteville. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", McFerran, Lancaster, Utley and Stanton. "Nay", Orton and Purdy. There being four "Ayes" and two "Nays", the Asst. Mayor declared the motion did not pass. The City Attorney stated that since the item was a Resolution and no action was taken on it, the Resolution would again be on the agenda for the next meeting. 1-256 City Manager Howe reported that bids had been received and tabulated for the purchase of Brass Goods and recommended the bid be awarded to the acceptable low bidders, as tabulated; the acceptable low bidders being Bowles F, Edens, C. M. Davis Supply and Waterworks Supply Co. Mr. Howe explained some bidders were low on very few items and since we ship in 300 lb. quantities it would not be feasible to purchase only a limited number of items from a bidder. Also, one bidder bid on an "all or none" basis. Mr. Howe recommended the bid be awarded as tabulated. Director Purdy moved that the City Manager's recommenda- tion be approved and the bid be awarded to the acceptable low bidders. 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. 2-256 City Manager Howe read a letter from Mr. Turner Brown, lessor of the Pollution ' Control Plant property requesting an extension of his lease. Bass Trumbo, attorney representing Mr. Brown, spoke concerning Mr. Brown's situation. He has made certain improvements to the land since leasing it and would be for- feiting these improvements if the land were leased to someone else. Following discussion by the Board, Director Stanton moved that sealed bids be taken on the lease of this property beginning April 1, 1972 and extending for five years thereafter. The motion was seconded by Director Purdy and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Utley and Stanton. "Nay", Lancaster. There being five "Ayes" and only one "Nay", the Asst. Mayor declared the motion passed. Following further discussion by the Board, Director Stanton moved to expunge the previous motion and moved that sealed bids be taken on a lease beginning April 1, 1972 and ending December 31, 1976. 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. Director Stanton then moved that Mr. Turner Brown be permitted to continue leasing the property up until April 13 1972, at the same rate per month. 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. 256 1 The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE TO ACCEPT AND CONFIRM A CORRECTED FINAL PLAT OF SUN VALLEY ADDITION, A SUB -DIVISION OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF STREET AND UTILITY EASEMENTS THEREIN. Director Orton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran and upon roll call passed unanimously. The Ordinance was then read for the second time. Director Utley 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 upon roll call passed unanimously. The Ordinance was then read for the third and final time. 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. 1815 is on Page 137 of Ordinance and Resolution Book 2. The City Attorney read, at the Asst. Mayor's request, a proposed Resolution setting September 20, 1971 as the date for a public hearing on a petition to close an alley to allow construction of the new Federal Building. 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, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Resolution passed. *Resolution No. 56-71 is on Page 115 of Ordinance and Resolution Book 2. The City Attorney read, at the Asst. Mayor's request, a proposed Resolution setting September 9 at 7:30 p.m. as a Special Meeting for the purpose of authorizing the contract for the construction of improvements to the Fayetteville Municipal Airport and authorizing the borrowing of money to finance the loan for the project. Director McFerran moved that the Resolution be adopted. 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 Resolution passed. *Resolution No. 57-71 is on Page 116 of Ordinance and Resolution Book 2. There being no further business, Director Purdy moved to adjourn. The motion was seconded by Director McFerran and passed unanimously, whereupon the Asst. Mayor declared the meeting adjourned. I ATTEST:�d�I//(69Z(J LoVetta Moore, City Clerk APPROVED%��p Ernest Lancaster, Asst. Mayor 257 1-257 2-257 3-257