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HomeMy WebLinkAbout1972-08-15 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 15, 1972 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, August 15, 1972, in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald Grimes, Administrative Assistant Sturman Mackey, Administrative Aide David McWethy, City Attorney David Malone, City Clerk Helen Young, and Directors Orton, Purdy, McFerran, Starr, Lancaster and Utley. others Present: Representatives of the press. Directors Absent: Stanton. Minutes of the August 1, 1972 meeting had been distributed to each Board member prior to the meeting. The minutes of the August 1, 1972 meeting were unanimously approved as being accurate. Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled "AN ORDINANCE AMENDING ORDINANCE 91747 TO PROVIDE THAT DUPLEXES SHALL BECOME A CONDITIONAL USE IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND FOR OTHER PURPOSES." The Planning Commission recommended adoption of the Ordinance which permits duplexes as a conditional use in R-1 Districts and requires that in the appeal process to the Planning Commission, that adjoining property owners be notified of the application by letter. Director Orton moved the proposed Ordinance be amended to require that a sign be posted by the City announcing the conditional use application. Director Purdy seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr and Lancaster. "Nays" Utley. There being five "Ayes" and one "Nay" the motion passed. 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 on a vote of five "Ayes" and one "Nay". 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 Purdy seconded the motion. Upon roll call the motion passed on a vote of five "Ayes" and one "Nay". 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, Starr and Lancaster. "Nays" McFerran and Utley. There being four "Ayes" and two "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1880 appears on pages 101, 102, and 103 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled FIAN ORDINANCE REZONING PROPERTY IN THE CITY OF FAYETTEVILLE, ARKANSAS; AMENDING ZONINZ; ORDINANCE #1747 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS; AMENDING ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS; AND FOR OTHER PURPOSES'!, said rezoning request being the result of application presented by Mr. Billy Joe Bartholomew to rezone a tract of land located on the east side of Government Avenue 71 north of Eleventh Street, and west of School Avenue from I-1, (Heavy Commercial and Light Industrial) District, R-2 (Medium Density Resi�ential) District, and C-2 (Thoroughfare Commercial) District to 1-2 (General Industrial) District. The Planning Commission recommended that only the land the sale barn is actually sitting on be rezoned for a period of one year to allow improvements in the building which is "non -conforming". Mr. Bill Thurman, Attorney representing Mr. Billy Joe Bartholomew, was present at the meeting to speak in favor of the rezoning. A large group of property owners in the area were present at the meeting to speak against the rezoning. Mr. Thurman stated that the proposed improvements, to put a concrete floor in the building (a sale barn) and raise the roof, would allow the business to operate in a cleaner, more efficient manner. Various property owners in the area objected to the proposed rezoning because of the stench and noise from the sale barn, cattle trucks on the street, and the sale barn's proximity to the National Cemetery. Their objections were based on the opinion that if the proposed improvements were made in the building, the sale barn would stay in its present location longer. Director Orton stated that after reading the Planning Commission Staff Report which itemized three reasons why the zoning change was not recommended by the Planning Staff Consultant, she found it hard to accept the recommendation of the Planning Commission. She pointed out that only four of nine Planning Commission members voted in favor of the rezoning. Director Purdy commented, "This is a first class nuisance." He added that Mr. Bartholomew will have a stronger reason for not relocating the sale barn if he improves it. Director Utley stated that the refuse from the sale barn goes down the City sewers and into Beaver Lake. He said, "We have anobligation to start cleaning up some things that now exist in the City that are detrimental to the City." Director McFerran commented, "Until Mr. Bartholomew is compensated for his property he should not be forced to move. I think we should forego this to see if there is some way this land could be obtained for some use which is compatible to a residential zone." Mayor Starr advocated, "This Board is all fairness cannot keep a man from improving his property. I will go along with the Planning Commission's recommendation." Director Lancaster acknowledged that this is not the first time there has been a controversy over the sale barn. "This effects a lot of people. We should try to work something out since there is nothing in the City laws that will remove it." Director Purdy moved the rules be suspended and the Ordinance be placed on second reading. Director Utley 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 Purdy 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" Starr. "Nays" Orton, Purdy, McFerran, Lancaster and Utley. There being one "Aye" and five "Nays" the Mayor declared the Ordinance did not pass. 72 Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled, IIAN ORDINANCE REZONING PROPERTY IN THE CITY OF FAYETTEVILLE, ARKANSAS; AMENDING ZONING ORDINANCE NO, 1747 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS: AMENDING ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS; AND FOR OTHER PURPOSES", said Ordinance resulting from petition presented by Mr. Don Thronesbery to rezone a tract of land containing approximately 17-1/2 acres located on the west side of Highway 71 South and south of Sunrise Mountain Road from A-1 (Agricultural) District and I-1 (Heavy Commercial and Light Industrial) District to C-2 (Thoroughfare Commercial) District. City Attorney Malone explained that the rezoning affects only the portion within a 500 foot depth of Highway 71 South. Director Orton questioned whether some provisions for an access road to Highway 71 South had been made. City Manager Grimes reported that Mr. Thronesbery had agreed to make some pro- visions for an access road and that he would request that Mr, Thronesbery write a letter to the City specifying his plans for an access road to the property involved. The Ordinance was left on first reading pending receipt of letter from Mr. Don Thronesbery. Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE AMENDING SECTION 6-77 OF THE CODE OF ORDINANCES, CITY OF FAYETTEVILLE, ARKANSAS, TO DESIGNATE EXCEPTIONS TO THE RESTRICTIONS IN THE FIRE DISTRICT." Director Purdy 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 McFerran 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?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. 1 "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1881 appears on page 104 of Ordinance and Resolution Book 3. lAs per telephone call to City Clerk on August 17, 1972, Director Utley indicated that he had inadvertently voted on this issue in which he has a business interest. For later action on this matter see minutes of the meeting of September 19, 1972. Upon request of the Mayor, the City Attorney read a proposed resolution to authorize condemnation of water and sewer right of way for sewer line on Lewis Avenue. The City Manager explained that in this instance the owner of record passed away and only one tract of land is involved in this condemnation, Director Lancaster moved the resolution be adopted. Director McFerran seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 37-72 appears on page 58 of Ordinance and Resolution Book 3. 73 Upon request of the Mayor, the City Attorney read a proposed resolution authorizing the Mayor and City Clerk to execute a supplemental mutual aid fire protection agreement with the City of Springdale. A draft cooperation agreement was attached to the agenda of each Board member. 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 and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 38-72 appears on page 59 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed resolution reporting findings of fact on the paving of Stone Street from Eastern Avenue to Sang Avenue; Lewis Avenue from Main Street to Highway 62 West; and Mitchell Street from Lewis Avenue to a point 408 feet west of Lewis Avenue. Mr. Gene Kelley, Attorney representing several property owners in the area, and a large group of property owners in the area were present at the meeting to request that the assessments for the improvement district be recalculated. Mr, Kelley presented statistics which indicated the small property owners would be assessed figures beyond their fair share of the total assessment. Director Lancaster moved the resolution be tabled until the next regular meeting of the Board to allow further consideration of the assessment figures. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. City Manager Grimes announced that a recommendation of action will be presented at the next regular meeting of the Board. Upon request of the Mayor, the City Attorney read a proposed resolution setting a public hearing on a proposal to close a portion of Walker Street and providing for notice of said public hearing which is to be held on September 5, 1972 at the regular Board meeting. Director Purdy moved the resolution be adopted. Director McFerran seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No, 39-72 appears on page 60 of Ordinance and Resolution Book 3. City Manager Donald Grimes announced that on Friday, August 25, 1972, at 4:00 P.M., Mr. Joe Brown from Black and Veatch Consulting Engineers will be in the Directors Room of the City Administration Building to discuss the water and sewer rate study performed for Fayetteville and surrounding areas. Mr. Grimes asked the Board members to attend this meeting and also asked representatives of rural water districts to attend the meeting - City Manager Grimes reported that the TOPICS funds which had been promised to the City of Fayetteville are now gone, having been dispensed to other cities. lie requested the Board members' attendance at a meeting to discuss the matter with State Highway Department representatives and legislators tentatively set for 4:30 P.M., Thursday, August 17, 1972, in the Directors Room. I 74 Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 1876, PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS ON AUGUST 1, 1972.11 Director Purdy moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran 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 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?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1882 appears on page 105 of Ordinance and Resolution Book 3. There being no further business, Director Purdy moved the meeting be adjourned. Director Orton seconded the motion. Upon roll call the motion passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: CitybClerk 0 75