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HomeMy WebLinkAbout1972-02-22 MinutesI MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS , February 22, 1972 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, February 22, 1972, in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Wesley Howe, Administrative Assistant Sturman Mackey, City Attorney David Malone, Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. Others Present: City Controller Pat Tobin, Street Superintendent Clayton Powell, representatives of the press. Minutes of the February 7, 1972 meeting had been mailed to each member of the Board. Director Purdy was concerned about action at that meeting regarding the sanitary landfill. The general Board concensus was that the City Board was not responsible for picking a satisfactory site for the land- fill and that this was the problem of Mr. Goff and the Pollution Control Commission. Director Purdy asked that he be put on record as being opposed to the sanitary landfill since it may not be a suitable site. The minutes of the February 7 meeting were approved as being accurate by Directors Orton, McFerran, Starr, Lancaster, Utley and Stanton. Director Purdy abstained from voting, The Mayor requested the City Attorney to read a proposed ordinance 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 -O, RESIDENTIAL OFFICE DISTRICT, TO C-1, NEIGHBORHOOD COMMERCIAL DISTRICT", said Ordinance resulting from a petition filed by Ethel B. Smith to rezone a 24' x 113' tract located in the middle of the block on the west side of School Avenue between Mountain and Center Streets from R-0 (Residential Office) District to C-2 (Thoroughfare Commercial) District. The Planning Commission recommended rezoning to C-1. Director McFerran 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 Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading. Director McFerran seconded the motion and upon roll call, the motion 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. 1850 is on Pages 19 and 20 of Ordinance and Resolution , Book 3. 16 2 At the Mayor's request, the City Attorney read 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 petition by Walter V. Grimes and Zeatra Grimes to rezone a tract of land located at the southwest corner of Highway 62 and Highway 71 By -Pass from A-1 (Agricultural) District to C-2 (Thoroughfare Commercial) District. This remaining portion of land had been recommended by the Planning Commission. A petition protesting the rezoning of the remaining property had been received, but the petition did not state specific objections. No protestants were present at the meeting. Mr. Charles Atkinson was present representing the Grimes. Director McFerran moved the rules be suspended and the Ordinance be placed on second reading. Director Stanton seconded the motion and upon roll call, passed unanimously. The Ordinance was read for the second time. Director McFerran moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Purdy seconded the motion and upon roll call, motion passed unanimously. The Ordinance was read for the third and final time. Mayor asked, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley, Stanton. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1851 is on pages 21 and 22 of Ordinance and Resolution Book 3. The Mayor requested the City Attorney to read a proposed Ordinance entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL, TO R-1, LOW DENSITY RESIDEN- TIAL DISTRICT'.', said Ordinance resulting from a request by Garrett London to rezone two tracts (.48 acres) located on the north side of Cato Springs Road, east of Garland Avenue from I-1 (Heavy Commercial and Light Industrial) District to R-1 (Low Density Residential) District and was recommended by the Planning Commission. After a brief discussion, Director Utley moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran seconded the motion and upon roll call, the motion passed unanimously. The Ordinance was read for a second time. Director Purdy moved the rules be further suspended and that the Ordinance be placed on third and final reading. Director Orton seconded the motion and upon roll call, the motion passed unanimously. The Ordinance was then read for the third and final time. The Mayor asked, "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. 1852 is on pages 23 and 24 of Ordinance and Resolhtion Book 3. 17 e The Mayor asked the City Attorney to read 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 R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO C-1, NEIGHBORHOOD COMMERCIAL DISTRICT'.', said Ordinance resulting from Petition R72-6 by Dillon Food Stores to rezone a 2.2 acre tract of land located at the southeast corner of Highway 45 East and Viewpoint Drive from R-1 (Low Density Residential) District to C-2 (Thoroughfare Commercial)District. The Planning Commission recommended rezoning to C-1 (Neighborhood Commercial) District. Director Lancaster moved that the rules be suspended and that the Ordinance be placed on second reading. Director Stanton seconded the motion and upon roll call the motion passed unanimously. The Ordinance was then read for the second time. Director Stanton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Lancaster seconded the motion and upon roll call the motion passed unanimously. The Ordinance was read for the third and final time. The Mayor then asked the question, "Shall the Ordinance pass?" The following vote was recorded upon roll call. "Ayes", Orton, Purdy, McFerran, Starr, Lancaster, Stanton. "Nay", none. Director Utley was absent from roll call. There being six "Ayes" and no "Nays" the Mayor declared the Ordinance ' passed. *Ordinance No. 1853 is on pages 2S and 26 of Ordinance and Resolution Book 3. The City Attorney, at the Mayor's request, read 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 R-2, MEDIUM RESIDENTIAL DISTRICT, TO R-3, HIGH DENSITY RESIDENTIAL DISTRICT", resulting from a petition by Cy Carney and Lettie Carney to rezone a platted area totalling approximately 21.3 acres located just south of Highway 62 West and Garland from R-2 (Medium Density Residential) District to R-3 (High Density Residential) District. The building is presently a non -conforming use and in order to expand they need to rezone. Mr. Glen Wing was present representing the landowners. Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran seconded the motion and upon roll call motion passed unanimously. The Ordinance was then read for the second time. Director Orton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Lancaster seconded the motion and upon roll call passed unanimously. The Ordinance was then read for the third time. The Mayor asked, "Shall the Ordinance pass?" and upon roll call the ' following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay" none. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. lip Ell *Ordinance 1854 is on pages 27 and 28 of Ordinance and Resolution Book 3. Mr. Wade Fincher, Dr. Dooley from Fort Smith and Mrs. Stephens were present for reconsideration of an appeal by Dooley Oil Company of a denial of the Planning Commission of a request to rezone a one -acre tract located at the northwest corner of Highway 62 and One Mile Road from A-1 (Agricultural) District to C-1 (Neighborhood Commercial) District. (This item was on the February 7 agenda but was not considered since the appellants were not ;present. A long discussion was held but no action was taken by the Board. The City Board and the mbbile home park operators had a lengthy discussion on the proposed changes in the mobile home park ordinance. This had also been discussed at the February 7 meeting. Mayor Starr suggested that the City Attorney, the mobile home park operators and the committee (which is composed of three board members and two planning commission members) get together and go over the proposed changes before coming with it again to a Board meeting in order to save time. Director McFerran suggested the Ordinance be referred back to the City Attorney for revision. The City Attorney read, at the Mayor's request, a proposed Ordinance entitled "'AN ORDINANCE TO PROVIDE FOR THE ADOPTION BY REFERENCE OF THE NATIONAL ELECTRIC CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION FOR ELECTRIC WIRING AND APPARATUS IN THE CITY OF FAYETTEVILLE, ARKANSAS". The City of Fayetteville is currently operating under the 1968 edition of the National Electric Code. Director Lancaster moved the rules be suspended and that the Ordinance be placed on second reading. Director McFerran seconded the motion and upon roll call, the motion passed unanimously. The Ordinance was read for a second time. Director Purdy moved the Ordinance be placed on third and final reading. Director Orton seconded the motion and upon roll call, the motion passed unanimously. The Ordinance was read for the third and final time. Mayor Starr asked, "Shall the Ordinance pass?" 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 Ordinance passed. *Ordinance No. 1855 is on pages 29 and 30 of Ordinance and Resolution Book 3. The Mayor announced that a public hearing on the adoption of the 1971 Edition of the Arkansas State Plumbing Code would be scheduled for March 20 Board meeting. The City Attorney, at the request of the Mayor, read a proposed Resolution containing the report of findings on the improvement of Cedar Street from Oak Avenue to Lewis Avenue. Director McFerran moved the resolution be adopted. Director Lancaster seconded the motion and upon roll call the following vote ' was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley, Stanton. "Nay" none. There being seven "Ayes" and no "Nays" the Mayor declared the Resolution adopted. *Resolution 6-72 is on pages 14, 15, and 16 of Ordinance and Resolution Book 3. 19 Mayor Starr requested the City Attorney to read a resolution containing ' reports of studies made of the needs for street improvement to Center Street from Razorback Road to Garvin Avenue. This is an amended report. Director Orton moved the Resolution be adopted. Director McFerran seconded the motion and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley, Stanton. "Nay" none. There being seven "Ayes" and no "Nays" the Mayor declared the Resolution adopted. *Resolution 7-72 is on pages 17, 18, 19, 20 and 21 of Ordinance and Resolution Book 3. Item Nine on the Agenda (Public Works Budget Amendment to include appro- priation for purchase of tractor - back -hoe for which Administrative Memo 210 had been prepared, was skipped in order to expedite the meeting. This will be discussed at a later Board meeting. Item Ten on the Agenda (Purchasing Items) will be discussed at a later Board meeting in order to expedite the meeting. City Manager Wesley Howe will terminate his employment with the City of Fayetteville at the close of business February 25, 1972 to accept a position in Alaska. The board designated City Controller Pat Tobin as Acting City Manager in the absence of a City Manager. Mayor Starr said he will be out of the City for about three weeks and I designated Assistant Mayor Ernest Lancaster as Acting Mayor in his absence. Director Lancaster reported on progress in choosing a new City Manager. The Committee will accept applications until the end of February. Approxi- mately ten will be interviewed by the Committee and three or four will be interviewed by the entire Board. City Manager Howe presented Memo #211 and reported that he and the Water and Sewer Committee have re-examined the Water and Sewer Budget and he believes there will be slightly higher revenues than originally projected. Therefore additional water and sewer projects can be expanded. He reviewed these areas of expansion on a large map for the Board. Director Lancaster moved that the water and sewer funds be expended as outlined in the City Manager's Memo #211. Director Utley seconded the motion and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley, Stanton. "Nay", none. There being seven "Ayes" and no "Nays" the Mayor declared the motion passed. A request for de -annexation of city property in the northeast part of Fayetteville had been received by the City Clerk's Office. A large number of these property owners and their representative, Mr. Charles Davis, were present to urge the Board to de -annex them. About 47 property owners are I involved. These people were annexed in 1959 and they said they have received no city services since then. Til The City Manager said there will be no money to;provide city sewers in this area for some time. Within the next year to 18 months the City hopes to furnish water to all of the City. The people were told if they wish sanitation pick-up to call the City Manager's office in the morning. The Mayor said the Board had received their petition and will consider it, advising them of their decision. The Board confirmed the appointment of Mrs. Helen Young as City Clerk effective March 1, 1972. The City Attorney read a proposed Resolution entitled "A RESOLUTION SETTING A HEARING ON A PETITION TO VACATE A CERTAIN STREET AND PROVIDING FOR NOTICE OF SAID HEARING". Director McFerran moved the Resolution be adopted. Director Purdy seconded the motion and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley, Stanton. "Nay", none. There being seven "Ayes" and no "Nays" the Mayor declared the Resolution adopted. *Resolution No. 8-72 is on pages 22 and 23 of Ordinance and Resolution Book 3. There being no further business, Director Stanton moved the meeting be adjourned. Director Lancaster seconded the motion which passed unanimously, whereupon the Mayor declared the meeting adj APPROVED: ATTEST: turman Mackey, Acting City Jerk 21 R