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HomeMy WebLinkAbout1972-11-21 MinutesMINUTES OF A REGULAR MEETING OF BOARD OF DIRECTORS NOVEMBER 21, 1972 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, November 21, 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. Directors Absent: Stanton. Others Present: Representatives of the press, Minutes of the November 8. 1972 meeting had been distributed to each Board member prior to the meeting. There being no corrections or additions to the minutes of the November 8. 1972 meeting, the Mayor declared the minutes approved as mailed. Consideration of an appeal by Holley -Ogden Enterprises, Inc, was postponed until a later meeting upon request of Mayor Starr in behalf of Mr, Holley, Upon request of Mayor Starr, the City Attorney read a proposed Ordinance to rezone property located at the intersection of Highway 71 North and Zion Road from A�l (Agricultural) District to C-2 (Thoroughfare Commercial) District. The proposed rezoning resulted from petition by J. B. Hays. The Planning Commission recommended approval of the rezoning petition. Director Orton commented that she would be against rezoning this property since the Land Use Plan recently approved by the Planning Commission designates the property as being zoned other than C-2. Mrs. Orton felt rezoning the property to C-2 would start a trend for commercial zoning on Zion Road. Mr. Tom Burke, Attorney representing Mr. Hays, in answer to Director Utley's question, said that if rezoned, the property would be used for a high quality commercial development of a nature suitable for C-2. It is highly unlikely, Mr. Burke said, that any other use will be made of this area except for C-2 uses, Mrs. T. C. Carlson, Jr. commented that the area is a highway now, not the business route of Highway 71. She added that because of the blind hill, the highway crossing is unsafe and the City Engineer had not been consulted about the proposed rezoning. In answer to Director Utley's question, the City Attorney stated that a parallel service road would be required to serve the property under discussion and the developer would be required to provide such a road. Mr. Burke stated that the Highway Department was consulted about the traffic problem for the property, Mayor Starr said, "If this Board feels they should overrule the Planning Commission on a 7-0 vote, then the Planning Commission should be abolished." Director Purdy stated that the property is not suitable for residential use since it is on the highway, but he felt it would not be wise to start com- mercial development down Zion Road. Mr. Purdy suggested that the property be split into two parts with the west half being used for commercial purposes with the stipulation that a commercial establishment not face Zion Road, and that the east half be used for R -O purposes, 100 Mr. Burke stated that the Planning Commission had considered this, but their vote reflected that the property could not be split into 400 -foot tracts. Mrs. Carlson said that through personal inquiry she found that residents of the area were not aware of the rezoning petition. City Attorney Malone said that the adjacent property owners were notified of the rezoning request by mail. There were no residents present�at the Planning Commission 'Meeting to oppose the proposed rezoning, Mr. Burke said. There were no residents of the area at this meeting to oppose the rezoning. Director Purdy moved the rules be suspended and the Ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" McFerran, Starr, Lancaster and Utley. "Nays" Orton and Purdy. City Attorney Malone announced that the Ordinance would come before the Board at the next regular meeting for second reading. Upon request of the Mayor, the City Attorney read a proposed Ordinance to rezone property located on the northwest corner of the intersection of One Mile Road and Highway 62 West from A-1 (Agricultural) District to C-1 (Neighborhood Commercial) District. The proposed rezoning resulted from request by Dr. E, G. Dooley, City Attorney Malone stated that the Ordinance as read places no conditions on the rezoning. The Planning Commission recommended the approval of the rezoning request subject to adoption by the Planning Commission of the special study findings and of both lot depth and ingress and egress requirements prior to the issuance of a building permit. Mr. Wade Fincher was present.at the meeting to represent Dr, Dooley. Mr. Fincher stated that the property, if rezoned, would be used for a service station and a car wash. Director Utley moved that action on the rezoning request be delayed until such time as the study is dealt with by the Planning Commission and the Board. Director Orton seconded the motion, Upon roll call the motion passed unanimously. Upon request of Mayor Starr, the City Attorney read a proposed Ordinance entitled "AN ORDINANCE REZONING VARIOUS 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". to rezone property located on the southwest corner of the intersection of Poplar Street and Birch Avenue from R-3 (High Density Residential) District to I-1 (Heavy Commercial and Light Industrial) District. The rezoning request resulted from petition by Jere and Mary Block. The Planning Commission recom- mended approval of the request. Director Orton stated that she was opposed to the rezoning of this property at this time since the City does not have suitable streets for the heavy truck traffic. Mrs. Orton proposed that a study be made to determine which streets could serve as collector streets for the area. Director Purdy commented that since the proposed use for the property would be light industrial, trucking would be a minor thing for the industry. Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call the following vote was recorded: 101 "Ayes" Purdy, McFerran, Starr, Lancaster and Utley. "Nays" Orton, 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 Utley seconded the motion. Upon roll call the following vote was recordedF "Ayes" Purdy, McFerran, Starr, Lancaster and Utley, 'INays" Orton. City Attorney Malone read the Ordinance a third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recordedo "Ayes" Purdy, McFerran, Starr, Lancaster and Utley. "Nays" Orton. There being five "Ayes" and one "Nay" the Mayor declared the Ordinance passed. *Ordinance No. 1888 appears on page 113 of Ordinance and Resolution Book 3, Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled "AN ORDINANCE ESTABLISHING TRUCK ROUTES IN THE CITY; DESIGNATING CERTAIN STREETS IN THE CITY FOR TRUCK TRAFFIC; PROVIDING FOR ENFORCEMENT; AND PRE- SCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS". The proposed Ordinance would require that thru-trucks be restricted to numbered highways. City Manager Grimes requested that the vehicle weight stated in Section I.(d) be changed to 6,000 pounds. Director Lancaster moved that the proposed Ordinance be amended so the vehicle weight stated in Section 1,(d) be 6,000 pounds. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. Director Utley moved that Section 1.(b) of the proposed Ordinance be amended to read that, "The traffic engineer is authorized to determine and recommend to the Board other streets, parts of streets or specific lanes as truck routes." Director Purdy seconded the motion. Upon roll call the motion passed unanimously. 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 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. City Attorney Malone 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. 1889 appears on pages 114 and 115 of Ordinance and Resolution Book 3. City Manager Grimes recommended to the Board that the City of Fayetteville participate in the cost of installing the sewer line to serve Red Arrow #3 Development and pay the cost of materials in excess of six inches in diameter. The amount would be approximately $5,000. The City Manager also recommended that since the project will require addi- tional right of way and will more than likely require condemnation for some properties, that the City exercise its powers of eminent domain, 102 Director McFerran moved to approve the City Managerrs recommendation that the City participate in the cost of installing the sewer line to serve Red Arrow #3 Development, Director Purdy seconded the motion. Upon roll call the motion passed unanimously. City Attorney Malone read a proposed resolution authorizing the condemnation of rights of way and easements for the installation of the proposed sewer line. Director Lancaster moved the resolution be adopted, Director Purdy seconded the motion. Upon roll call the following vote was recordedp. "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. 56-72 appears on page 83 of Ordinance and Resolution Book 3. City Mandger Grimes reported that the recommendation of the Water and Sewer Committee concerning the refinancing of the Water and Sewer Revenue Bonds is that a bid form be prepared for the use of the financial consultants and bids be opened in the presence of the Water and Sewer Committee. Mr. Grimes explained that the refinancing of the -bonds should be accomplished before interest rates increase in January 1973, such interest rates predicted to increase by persons knowledgeable in the field of municipal bonds. Director McFerran moved that the following nominations to the Citizens Participation Committee be confirmed: Chamber of Commerce Garland Melton League of Women Voters Mrs. ChafTes (Emily) Tompkins Senior Citizens Dr. Warren Gifford Council on Human Relations Lona Benedict East Fayetteville Jesse Bryant Director Orton seconded the motion. Upon roll call the motion passed unanimously. I Director McFerran announced that th& Labor Council did not submit a name to be considered for nomination to the 'Citizens Participation Committee but will at a later date, Director McFerran moved that William G. Underwood be reappointed to the Civil Service Commission. Director Lancaster seconded the motion, Upon roll call the motion passed unanimously. Director Purdy asked whether one of the Board members -elect might serve on the Nominating Committee. Mayor Starr appointed Dr. W. L. Murray to fhe Nominating Committee. Director Orton suggested that the City make an effort to acquire more names of citizens who are willing to serve on City committees. is the duty of the Nominating Committee. Mayor Starr stated that City Manager Grimes presented Administrative Memorandum No. 249 and bid tabula- tions for sewer line extensions on Township Road and 24th Street. Mr. Grimes recommended that the bid be awarded to C and L Backhoe Service of Siloam Springs, Arkansas in the low bid amount of $6,120,58. Director Purdy moved the City Manager's recommendation be accepted. Director Lancaster seconded the motion. Upon roll call the motion passed unanimously. 103 City Manager Grimes stated that Crossover Road is carrying about three different names at this time, He suggested that one name be chosen for the road and that the road be named at a later date, I City Attorney Malone handed to the Board members a proposed Ordinance concerning garage sales to be considered at the next regular meeting of the Board. City Manager Grimes read a proposed resolution authorizing the transfer of certain right of way from the City to the Arkansas Highway Department. Director Purdy moved the resolution be adopted. Director Lancaster 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. 57-72 appears on page 84 of Ordinance and Resolution Book 3. Director Utley suggested that the City needs a written confirmation of the intentions of the Highway Department as to when the Highway 265 project will be initiated. There being no further business, Director McFerran moved the meeting be adjourned, Director Orton seconded the motion. Upon roll call the motion passed unanimously whereupon Mayor Starr declared the meeting adjourned, ATTEST: TITY CLERK APPROVED: LWA