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HomeMy WebLinkAbout1972-08-01 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 1. 1972 1 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, August 1, 1972 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald Grimes, Administrative Aide David MeWethy, City Attorney David Malone, City Clerk Helen Young, and Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. Others Present: Representatives of the press. Directors Absent: None. Minutes of the July 18, 1972 meeting had been distributed to each Board member prior to the meeting. The minutes of the July 18, 1972 meeting were unanimously approved as being accurate. Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE REZONING VARIOUS PROPERTIES IN THE CITY OF FAYETTEVILLE, ARKANSAS; AMENDING ORDINANCE NO. 1747 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS; AND PJ4ENDING THE ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS; AND FOR OTHER PURPOSES". said Ordinance resulting from (1) petition presented by Virgil R. Webb to rezone a tract of land containing 0.2 acres located on the west side of Highway 71 South between the St. Louis and San Francisco Railroad and Twentieth Street from C-2 (Thoroughfare Commercial) District to R-2 (Medium Density Residential) District; (2) petition presented by Ardean Fallwell to rezone a tract of land containing 24,725 square feet located north of Cato Springs Road on Garland Avenue from I -I (Heavy Commercial and Light Industrial) District to R-1 (Low Density Residential) District; (3) petition presented by Bill and Maudie Smith to rezone a tract of land containing 14,300 square feet located at the northeast corner of Garland Avenue and the St. Louis and San Francisco Railroad from I-1 (Heavy Commercial and Light Industrial) District to R -I (Low Density Residential) District. The Planning Commission recommended approval of the above rezoning requests for a six-month period and at that time the Planning Commission will again consider the above properties for rezoning back to commercial status. All three rezoning requests were made because the property owners wished to make improvements in buildings which were non -conforming. Director Utley moved the rules be suspended and the Ordinance be placed on second reading. Director Stanton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a 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. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed, *Ordinance No. 1875 appears on pages 91 and 92 of Ordinance and Resolution Book 3. m4e Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled, 11 N ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES", said Ordinance pertaining to territory lying adjacent to the East City limits on the south side of Wyman Road. Director McFerran moved the rules be suspended and the Ordinance be placed on second reading. Director Orton seconded the motion, Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Stanton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney then read the Ordinance a third time after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1876 appears on pages 93 and 94 of Ordin�nce and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled "AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE PROPERTY BENEFITED BY THE IMPROVE- MENT OF JACKSON DRIVE FROM MISSION AVENUE TO NORTH JACKSON DRIVE; STATING THE MANNER IN WHICH SAID ASSESSMENTS ARE PAYABLE; AND STATING THE TIME WITHIN WHICH SAID ASSESSMENTS ARE PAYABLE." Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Orton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. The City Attorney then read the Ordinance a third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1877 appears on pages 9S and 96 of Ordinance and Resolution Book 3, The next item on the agenda was a publicshearing for consideration of closing an alley in Goff's Addition. Applicant for the alley closing, Mrs. Patricia W. Carlson, was present at the meeting. Director Purdy expressed concern about the City's relinquishing utility easements in the alley and City Attorney Malone explained that the Ordinance would state that the City would reserve utility easement of fifteen feet, i.e. 7-1/2 feet on either side of the existing utility lines. Mayor Starr declared the public hearing closed and asked the City Attorney to read the proposed Ordinance. The City Attorney read the Ordinance entitled "AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE ALLEY BETWEEN DOGWOOD LANE AND MISSOURI WAY IN THE CITY OF FAYETTEVILLE, ARKANSAS". 67 Director Purdy moved the rules be suspended and the Ordinance be placed on second reading. Director Orton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director McFerran moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Orton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a third time after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1878 appears on pages 97 and 98 of Ordinance and Resolution Book 3. The next item on the agenda was a Nominating Committee report for filling vacancies on the Planning Commission and Board of Adjustment. Director McFerran moved that Mrs. Christine Childress, 130 East Mountain Street, be appointed to the Planning Commission to replace Mr. A. M. Witte, and that Mr. A. M. Witte , 1781 Applebury Place, be appointed to the Board of Adjustment to replace Mr. Roy Clinton, both appointments to become effective on September 1, 1972. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. City Manager Grimes itemized changes which had been made in the Preliminary Water and Sewer Budget for 1972-73. Mr. Grimes stated that the Water and Sewer Committee had reviewed the plans for water and sewer improvements and the committee recommended that the scheduled improvements as presented in the Preliminary Water and Sewer Budget for 1972-73 be approved. Mr. Grimes also stated that the only salary increases in the budget are the regular merit increases which are due the personnel. Other increases, he said, are what will be needed to continue the accelerated program in the Water and Sewer Department. Paul Mattke, City Engineer, was present at the meeting to answer questions of the Board. Mayor Starr commented that the Water and Sewer Committee instructed the City Manager to make every effort to get water service to all residents of the City. He asked the cooperation of the press in announcing that anyone in the City who desires water service and does not have it should contact the City Manager's Office. Director Orton questioned whether the water lines to be installed will be large enough to permit fire hydrants. Mr. Mattke stated that they are large enough. Director Lancaster moved to adopt a resolution authorizing the 1972-73 Water and Sewer Budget. Director Purdy seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 34-72 appears on page 50 of Ordinance and Resolution Book 3. 3101 Mayor Starr opened discussion on the possibility of providing water service to the area lying northeast and east of Fayetteville in one of Fayetteville's potential growth areas, He suggested four alternatives: (1) Do nothing; (2) Have those residents in the area who want water service to petition for annexation; (3) Enter into a contract with White River Water District to sell water on a metered basis to the residents of the area; and (4) Provide water service to the residents of the area at out -of -city rates with the understanding that when their properties become contiguous to the City limits they must petition for annexation, at which time the water rates would be lowered and they would be eligible for fire and police protection, sanitation service and sewer service. Mayor Starr stated that the City should not wait and wake up later to find itself surrounded by rural water districts. He asked the BoArd to authorize the Water and Sewer Committee to begin negotiations. It was the'will of the Board to authorize the Water and Sewer Committee to begin negotiations. City Manager Donald Grimes asked the Board for authorization to have the airport hangar painted using funds set aside for parking gates at the airport. Director McFerran moved to authorize the City Manager to advertise for bids for having the airport hangar painted. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. City Manager Grimes asked the Board to approve a resolution authorizing the City Manager to act as agent for the City of Fayetteville in filing an applica- tion for obtaining Federal financial assistance for flood damage in the City. Director Lancaster moved the resolution be adopted. Director Purdy seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being -seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 35-72 appears on page 51 ofCrdinance and Resolution Book 3. City Attorney Malone read a proposed resolution, the report on improvement of Sycamore Street from Highway 71 (College Avenue) to Woolsey Avenue. Director McFerran moved the resolution be adopted. Director Lancaster seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There,being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 36-72 appears on pages 52 through 57 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled "AN ORDINANCE AUIHORIZING THE IMPROVEMENT OF CEDAR STREET FROM LEWIS AVENUE TO NORTH OAK AVENUE; LEVYING ASSESSMENTS AGAINST THE PROPERTY BENEFITED THEREBY; ST ATING THE MANNER IN WHICH SUCH ASSESSMENTS ARE PAYABLE; AND STATING THE TIME WITHIN WHICH SAID ASSESSMENTS ARE PAYABLE." Director McFerran moved the rules be suspended and the Ordinance be placed on second reading. Director Lancaster seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Lancaster seconded the motion. Upon roll call the motion passed unanimously, The City Attorney read the Ordinance a third -time, after which the Mayor asked the question, "Shall the Ordinance pass?" No Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None, There being seven "Ayes" and no "Nays" *Ordinance No. 1879 appears on pages 99 Book 3. the Mayor declared the Ordinance passed and 100 of Ordinance and Resolution There being no further business, Director McFerran moved the meeting be adjourned. Director Purdy seconded the motion. Upon roll call the motion passed unanimously whereupon the Mayor declared the meeting adjourned, ATTEST: L/&'0�7j 4L�22a� City Xlerky 70 AVPPr)XrPn-