HomeMy WebLinkAbout1972-10-17 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
11 OCTOBER 17, 1972
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, October 17, 1972 in the Directors Room of the City
Administration Building at 7:30 P.M.
Present: Administrative Assistant Sturman Mackey, Administrative Aide
David McWethy, City Attorney David Malone, City Clerk Helen YouDg, and
Directors Orton, Purdy, McFerran, Starr, Lancaster and Utley.
Directors Absent: Stanton.
Others Present: Representatives of the press.
Upon request of the Mayor, Assistant Mayor Lancaster acted as chairman of
the meeting.
Minutes of the October 3. 1972 meeting had been distributed to each Board
member prior to the meeting. There being no corrections or additions to the
minutes of the October 3, 1972 meeting, the Assistant Mayor declared the
minutes approved as mailed.
Mr. Walter Niblock, representing Mr. Wayne Hinkle, was present at the meeting
to appeal the denial by the Planning Commission of rezoning request to rezone
property located at 3480 Highway 16 East from R-2 (Medium Density Residential)
to either C-1 (Neighborhood Commercial) or C-2 (Thoroughfare Commercial). Mr.
Niblock reported that the property owner would like to use the front 150 feet
of his property for a laundromat. The front part of the property is in the
flood plain and is not suitable for mobile home pads. (The Hinkle property
now contains a mobile home park.) The Planning Commission felt the approval
of the rezoning request would encourage strip zoning. Mr. Niblock stated
that the City cannot continue to fall back on the thinking that strip zoning
is always bad.
In answer to questions of Mr. Matt Horan, representative of the press, Mr.
Niblock stated that the drainage for the front part of the Hinkle property
is poor, but the property which contains a mobile home park has a substantial
slope so it drains very well.
Director Orton commented that a laundromat could be put in the mobile home
park for the use of the residents of the park.
Mr. Niblock stated that putting the laundromat in the park would not be
acceptable since Mr. Hinkle could not serve the customers from the highway
as he could if the laundromat were placed on the highway.
Director Orton stated that she was opposed to using the front portion of
the property for commercial uses.
Director Purdy moved that the Planning Commission's action be upheld.
City Attorney -Malone advised that "no action" on the part of the Board of
Directors would have the effect of upholding the Planning Commission's action.
Director Purdy withdrew his motion.
No action was taken on the matter.
Mr. Walter Niblock, representing Mr. Hoyt Greenwood, requested that the
rezoning request to rezone a tract of land at the northeast corner of
Highway 16 East and Buckner -Braden Road (Highway 26S) be withdrawn since
there is not enough land to develop the area as originally planned.
It was the will of the Board to allow the request to be withdrawn.
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The next item on the agenda was consideration of a rezoning request by
Mr. Ottis Watson to rezone a tract of land containing 1.1 acres located
on the east side of Jerry Avenue between Helen Street and Highway 16 East
from A-1 (Agricultural District) to R-1 (Low Density Residential).
Director Utley questioned whether the City would be obligated to build
streets for the area since it now has gravel streets.
City Attorney Malone stated that the City Manager's position on the matter
is that before building permits are issued for the area, the streets will
have to be brought up to minimum standards. The City Attorney went on to
say that rezonings are supposed to be made on the merits of the case and
the City is not supposed to condition rezonings. However, any new streets
built on the tract must meet minimum street standards.
Director Utley stated that it is the obligation of the City to see that
building the streets will be the expense of the people living in the
area only.
Upon request of the Assistant Mayor, the City Attorney read a proposed
Ordinance to rezone the above mentioned tract of land from A-1 (Agricultural
District) to R-1 (Low Density Residential District).
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 Orton seconded the motion.
Upon roll call the motion passed unanimously.
The City Attorney read the Ordinance a third time, after which the
Assistant 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 Assistant Mayor declared the
Ordinance passed.
*Ordinance No. 1886 appears on pages 110 and 111 of Ordinance and
Resolution Book 3.
City Attorney Malone read a proposed Ordinance to rezone a tract of land
located on the south side of Rock Street between Church Avenue and Block
Avenue from R-0 (Residential -Office District) to C-2 (Thoroughfare
Commercial District). The proposed rezoning applies to the White and
Fulbright property only.
Mayor Starr 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.
Mayor Starr 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 Assistant
Mayor Lancaster 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 Assistant Mayor declared the
Ordinance passed.
*Ordinance No. 1886 appears on pages 110 and 111 of Ordinance & Resolution Book 3.
92
Upon request of the Assistant Mayor, the City Attorney read a proposed
Ordinance accepting the street which is the western access street to Maple
Manor Apartment complex. The Planning Commission recommended the acceptance
of the street.
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 OrdinanGe 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 Assistant
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 Assistant Mayor declared the
Ordinance passed.
*Ordinance No. 1887 appears on page 112 of Ordinance and Resolution Book 3.
Director McFerran reported that the Nominating Committee recommended that
Mrs. James Dale, 648 Gray, be appointed to the Pollution Control Committee
to replace Mrs. Mary L. Wilkes who resigned, and that Mr. Jerry Marshall
be appointed to the Parks and Recreation Advisory Board to replace Mr. Walter
Reif who resigned his position on that board.
Director McFerran moved the above recommendations be approved. Director
Purdy seconded the motion. Upon roll call the motion passed unanimously.
Administrative Assistant Sturman Mackey presented bid tabulation for bids on
1" through 811 water meters and Administrative Memorandum No. 245 containing
the recommendation that bids bepawarded to the low bidders meeting specifi-
cations.
Mayor Starr mpved the recommendation be approved. Director Purdy seconded
the motion. Upon roll call the motion passed unanimously. I
City Attorney Malone announced that the next regularly scheduled meeting of
the Board of Directors falls on Election Day, November 7, 1972, and advised
the Board to adjourn this meeting until Wednesday, November 8, 1972 at 7:30 P.M.
Mayor Starr moved the meeting be adjourned until Wednesday, November 8, 1972
at 7:30 P.M. Director Purdy seconded the motion. Upon roll call the motion
passed unanimously, whereupon Assistant Mayor Lancaster declared the meeting
adjourned.
ATTEST:
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