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HomeMy WebLinkAbout1971-09-20 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 20, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, September 20, 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, Starr, Lancaster, Utley and Stanton. Absent: None. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on September 7, 1971, and the Special meeting on September 9, 1971, copies of which had previously been mailed to each of the Directors, were approved as corrected. 1-260 The City Attorney read, for the second time at the 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 R-0, RESIDENTIAL OFFICE DISTRICT TO C-2, THOROUGHFARE 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. Following discussion by the Board, Director Lancaster moved that the rules be 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. , Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1816 is on Pages 138-39 of Ordinance and Resolution Book 2. 2-260 The City Attorney read, at the 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 291 19703 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 Dr. J. B. Hays to rezone a 1.02 acre tract on the East side of Gregg Avenue between Miller Street and Ash Street, Mr. Carter Price, who lives on Miller Street one block from said property, was present at the meeting and objected to the rezoning. He stated he has discussed the rezoning with other people in the area and they are against any housing more intensive than duplexes on the property. Mr. Price was the only resident in the area present at the meeting to protest the rezoning but stated he would like to have time to circulate a petition for signatures opposing the rezoning. Following discussion by the Board, Director Orton requested that the Ordinance be left on first reading. The Ordinance was left on first reading. 3-260 The City Attorney read, at the 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 A-1, AGRICULTURAL DISTRICT, TO C-2, THOROUGH- FARE COMMERCIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Robert T. Stout to rezone two tracts of land on the East side of MI Highway 71 between Stearns Road and Zion Road. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy, and upon roll call passed unanimously. The Ordinance was then read for the second time. Director Stanton 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. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1817 is on Pages 140-41 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Ordinance in its 1-261 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-1, LOW DENSITY RESIDENTIAL DISTRICT TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Robert B. Westphal and Betsy J. Westphal to rezone Lots 13, 14 and 15 of Block 2, Rich Addition. Director Purdy 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 unani- mously Or . 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 McFerran, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1818 is on Pages 142-43 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Ordinance in its 2-261 entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 19702 TO REZONE CERTAIN PROPERTY FROM A-1, AGRICULTURAL DISTRICT TO I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by James A. Pennington to rezone a 6.4 acre tract of land located on the North side of Township Road between Johnson Road and Highway 71 North. Director Orton discussed the Staff Report findings concerning this property. The rezoning of this property was recommended by the Planning Commission on condition that Mr. Pennington dedicate 20 feet on the South side of the property for future street widening. Director Starr moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy, and upon roll call 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. 261 The motion was seconded by Director Lancaster, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. Following further discussion by the Board concerning the Planning Commission's recommendation, they agreed that passage of this Ordinance would be subject to the Planning Commission's recommendation that Mr. Pennington dedicate 20 feet on the South side of the property for future street widening. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1819 is on pages 144-45 of Ordinance and Resolution Book 2. 1-262 The City Attorney read, at the 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, 1970, TO REZONE CERTAIN PROPERTY FROM A-1, AGRICULTURAL DISTRICT, TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Frank L. Kerr to rezone a 53.3 acre tract of land located on the West side of Old Missouri Road approximately 500 feet South of Zion Road. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Utley, 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. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1820 is on pages 146-47 of Ordinance and Resolution Book 2. 2-262 The City Attorney read, at the 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 A-1, AGRICULTURAL DISTRICT, TO R-1, LOW DENSITY RESI- DENTIAL DISTRICT, said Ordinance to accomplish the rezoning of Stapleton Subdivision and the Rutledge Subdivision. 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 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 Lancaster, and upon roll call passed unani- mously. The Ordinance was then read for the third and final time. ' Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. *Ordinance No. 1821 is on pages 148-49 of Ordinance and Resolution Book 2. 262 The City Attorney read, at the Mayor's request, a proposed Ordinance in its 1-263 ' entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1141 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 292 1970, TO REZONE CERTAIN PROPERTY FROM R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT TO R-0, RESIDENTIAL OFFICE DISTRICT, said Ordinance to accomplish the rezoning of property on the South side of Dickson Street in the vicinity of Washington Avenue, and initiated by the Planning Commission. 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 Purdy 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 upon roll call passed unanimously. The Ordinance was then read for the third and final time. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1822 is on pages 150-51 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Ordinance in its 2-263 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 C-2, THOROUGHFARE COMMERCIAL DISTRICT, TO R-0, RESIDENTIAL OFFICE DISTRICT, said Ordinance to accomplish the rezoning of property on the West side of Green Acres Road South of Poplar Street as initiated by the Planning Commission. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy, and upon roll call passed unanimously. The Ordinance was then read for the second time. Director Lancaster 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 passed unanimously. The Ordinance was then read for the third and final time. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1823 is on pages 152-53 of Ordinance and Resolution Book 2. City Manager Howe reported that he had been in contact with the Arkansas Highway 3-263 Department relative to the Highway 265 situation and had asked them to give this Board full information on the alternatives on the proposed highway route. Mr. Howe stated he believes the route decided on by the Highway Department should be the best route from a standpoint of highway design and construction. V. 0. . Selby, Engineer with the Highway Department, stated they were running a survey on the ground at the present time to supplement their previous surveys. Comments from members of the Board were as follows: Director Utley stated it seems timing is the critical factor involved. He felt it is the obligation of this Board to consider the needs of all the citizens in this City and if we wait to take action until the survey can be run we might be jeopardizing and risking the loss of the entire project. Director Orton felt the people of the City would like to know that before we condemn property we have given due consideration to all possibilities. Mayor Starr felt this Board should take action to permit the Highway Department to proceed with whatever route it deems the most feasible. Director Purdy wanted to make it clear that while he was wholeheartedly in favor of the road, he would like the chance to see all alternatives considered before the matter is settled. Walter Niblock, Attorney representing Miss Phyllis Street whose property is being considered for condemnation, spoke to the Board and expressed his thanks for the Board's consideration in this matter. Following further discussion by the Board, Director Stanton moved that the City Manager be authorized to advise the Highway Department that the City of Fayette- ville will acquire the right-of-way for this Highway 265 project along the route that the Highway Department deems to be the most economically feasible. The motion was seconded by Director Lancaster. Director Orton moved that Director Stanton's motion be reworded to read "that the City of Fayetteville deems to be the most economically feasible". The motion died for lack of a second. A vote was taken on Director Stanton's motion and upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", Orton. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. 1-264 The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE TO REGULATE THE USE OF THE FAYETTEVILLE MUNICIPAL AIRPORT (DRAKE FIELD); TO AUTHORIZE THE LICENSING AND REGULATION OF AERONAUTICALLY ASSOCIATED SERVICES; AND TO AUTHORIZE THE LICENSING AND REGULATION OF FIXED BASE OPERATORS. City Manager Howe explained that the City has heretofore been without an Ordinance regulating the use of the airport and explained some of the conditions set out in the proposed Ordinance. Following discussion by the Board, Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy, and upon roll call 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 upon roll call passed unanimously. The Ordinance was then read for the third and final time. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1824 is on pages 154-56 of Ordinance and Resolution Book 2. 264 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 1-265 the City Manager and City Clerk to execute a contract between the City of Fayetteville and Raymond J. Ellis for the operation of aeronautical services at the Fayetteville Municipal Airport (Drake Field), said agreement being a fixed base operator contract. 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, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 59-71 is on page 124 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution accepting 2-265 Grant Offer of United States on Project No. 8-05-0020-1 at Fayetteville Municipal Airport and authorizing the Mayor to execute the grant offer on behalf of the City of Fayetteville. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 60-71 is on pages 125-35 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Ordinance in its 3-265 entirety entitled: AN ORDINANCE AMENDING SECTION 6-87 OF THE CODE OF ORDINANCES, CITY OF FAYETTEVILLE, ARKANSAS, TO PROVIDE THAT THE BUILDING OFFICIAL SHALL REJECT A BUILDING PERMIT WHEN THE BUILDING TO BE MOVED HAS DETERIORATED MORE THAN 50% OF ITS ORIGINAL VALUE OR IS STRUCTURALLY UNSOUND. Considerable discussion by the Board followed the reading of the Ordinance and due to the fact that the members of the Board did not clearly understand certain provisions of the Ordinance, Mayor Starr requested City Manager Howe, the Building Inspector, and the City Attorney to meet and present recommendations at the next meeting. The Ordinance was left on first reading. City Manager Howe discussed his original recommendation that University Avenue 4-265 between Dickson Street and Center Street be designated a one-way street going South. He withdrew his original recommendation and suggested that University Avenue remain a two-way street and recommended that the stop lights facing University be disconnected and that left turns be prohibited at the intersection of University and Dickson. Mr. Howe's recommendation was agreed to by the Board. The City Attorney reported that a majority of the property owners on East Jackson 5-265 Drive from Mission Blvd. to North Jackson Drive have requested that the street improvements to their street not include a sidewalk on the North side of the street. The City Attorney read, at the Mayor's request, a proposed Resolution amending Resolution No. 15-71 to eliminate the provision for a sidewalk and in lieu thereof provide for curb and gutter on the North side of the street. Director Lancaster moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: prey "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. ' *Resolution No. 61-71 is on page 136 of Ordinance and Resolution Book 2. 1-266 Mayor Starr reported that this was the time and the place set for a public hearing on the closing of the East-West alley extending 305 feet West of College Avenue between Mountain Street and Rock Street. The purpose for closing the alley is to allow construction of the new Federal Building. 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 Resolution authorizing the Mayor and City Clerk to enter into a written agreement with the owners of all the real estate of said block in which said alley is located to close and abandon said alley. Director Purdy moved that the Resolution be adopted. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 62-71 is on page 137 of Ordinance and Resolution Book 2. 2-266 The City Attorney read, at the Mayor's request, a proposed Ordinajnce in its entirety entitled: AN ORDINANCE TO ACCEPT AND CONFIRM THE OFFICIAL FINAL PLAT OF STREET AND PUBLIC UTILITY EASEMENTS IN VILLA MOBILE HOME PARK OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION , OF STREET AND UTILITY EASEMENTS THEREIN. Director Orton discussed the difficulty and danger of getting onto this street from Highway 71 North. The Board raised questions concerning the future possibility of the street becoming a through street to Appleby Road. At the conclusion of the discussion, Mayor Starr requested Mr. Howe to check into the through -street possibility and report on it at the next meeting. The Ordinance was left on first reading. 3-266 The City Attorney read, at the Mayor's request, a proposed Resolution setting October 4, 1971 as the date for a public hearing on a petition to close Jon Street in Stubblefield Addition. 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, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 63-71 is on page 138 of Ordinance and Resolution Book 2. 4-266 The City Attorney read, at the Mayor's request, a proposed Resolution amending the report on improvements to Lawson Drive from Oakland Avenue to Leverett Avenue. The proposed Resolution would amend Option A of Resolution 28-71 to provide a 26 foot street and would eliminatethe provision for a sidewalk and in lieu thereof provide for curb and gutter on the 'forth side of the street. ' Mr. Claude Pruitt, a property owner in the area, answered questions from the Board. Director Starr moved that the Resolution be adopted. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: 266 "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 64-71 is on pages 139-40 of Ordinance and Resolution Book 2. City Manager Howe reported that bids had been received and tabulated for the purchase of assorted street construction materials for street construction and maintenance in the I.A.P. area and recommended the bid be awarded to McClinton Brothers Co., the lowest bidder. Director McFerran moved that the City Manager's recommendation be approved and the bid be awarded to the lowest bidder. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. Mrs. Rodney Baker, who lives on Overcrest, reported that she had a petition signed by residents in her area, requesting that some action be initiated to prohibit speeding on their street. City Manager Howe stated that speed breakers are not recommended because of the danger involved. It was recognized that due to the level area where this street is located, speeding is encouraged. Following discussion by the Board, Mayor Starr asked Mr. Howe to take a look at this situation to see what can be done and make a recommendation back to this Board. Director Orton reported on the recycling program that has been initiated by the Pollution Control Commission and in view of the benefit the community can derive from this program, requested that the Board endorse this project. Director Purdy moved that the Board endorse the recycling program and heartily commend those involved for this community service. The motion was seconded by Director McFerran, and upon roll call passed unanimously. There being no further business, Director Stanton moved to adjourn motion was seconded by Director Lancaster and passed unanimou the Mayor declared the meeting adjourned. (:' I APPROV Joe tater ATTEST: LoVetta Moore, City Clerk 1 267 1-267 2-267 3-267