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HomeMy WebLinkAbout1962-06-05 MinutesM The City Council of Fayetteville, Arkansas, met in special session on Tuesday, June 5, 1962, at 2:00 P. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, Fire Chief Burl Skelton, Chief of Polkce Hollis Spencer, and Aldermen: Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None, ce car, The Chief of Police reported that one of the patrolmen, while chasing a speeder, had a collision with lished. another car Which made a left turn from a side street directly in front of the police car and completely Purpose demolished the police car. boundary of the City Limits. The Mayor reported that the purpose of the meeting was to receive and open bids on a new fire truck and After a long discussion, the Council agreed to of new car for the Police Department OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES". apparatus, Discuss the purchase of a new car to replace the police car which was demolished in an The motion was seconded by Alderman Wheeler and passed unanimously. meeting. The ordinance was then read for the second time. accident, Report from the Water & Sewer Committee, and to approve preliminary plans for a new Shop Building, final reading. The motion was seconded by Alderman Wheeler and passed unanimously, whereupon the ordinance was read for and that all members of the Council had been notified by U. S. Mail and by telephone. Bids opened Upon roll call the following vote was recorded, "Aye', Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. on fire 1304 Four bids were received and opened on a new fire truck and fire apparatus but no further action was taken truck, WHEREAS, the County Court of Washington County, Arkansas, did on April 24, 1962, make an order annex at this time, the following described territory to the City of Fayetteville, Arkansas, to -wit: ce car, The Chief of Police reported that one of the patrolmen, while chasing a speeder, had a collision with lished. another car Which made a left turn from a side street directly in front of the police car and completely advertise demolished the police car. boundary of the City Limits. itory. r bids. After a long discussion, the Council agreed to advertise for bids for a new car for the Police Department OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES". according to §pecifications to be furnished by the 6ity Engineer, Lower Several members of the Chamber of Commerce appeared before the Council in regard to the problem of lower vatier rates wEter rates for Industrial use. for Several persons discussed the water rates with the Council as to whether or not the Council had the legal ndIstries right to negotiate the water rates with Industries under the Rate Ordinance No'. 1165. discussed. Alderman Burgin moved that the Water And Sewer Committee be and.they are hereby authorized to negotiate an Industrial Rate for Commercial Use of more than Five Million (5,000,000) Gallons consumption per month The motion was seconded by Alderman Short and passed unanimously. advert- The Mayor presented preliminary plans for a new City Shop Building as prepared by the Engineers and after for bids a long discussion, Alderman Heflin moved that the Mayor be authorized to advertise for bids on the shop construction of a new shop building according to pland presented by the Engineers. lding. The motion was seconded by Alderman Burgin and passed unanimously. There being no further business, Alderman Wheeler moved to adjourn. The motion was sedonded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: IIN ATTEST: i GUY E BROWN, MAYOR GEORGE(J. WVIS, CITY CLERK City Council of Fayetteville, Arkansas, met in regular session on Monday, June 11, 1962, at 7:30 P. ent: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Trumbo, City Engineer W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton, and rmen: Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, and Short. nt: None. A part of the Southeast Quarter (SB4) of the Southwest Quarter (SW4) of Section 2, Township 16 North Range 30 West, more particularly described as follows, to -wit: Beginning at the Southwest corner of said 40 acre tract, and running, thence North 488 feet, thence South 89° 321 East 170 feet, thence North 0° 13, East 225.9 feet, thence East 168 feet, thence South 189.75 feet, thence South 89° 281 East 172 feet, South 50 20' West 104.15 feet, thence East 140 feet, thence South 420 feet, thence West 660 feet to the point of beginning, also known as Broadview Second 57ibdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1, That the Annexation of the above-described territory to the 6orporate Limits of the City Fayetteville, Arkansas, be and the same is hereby accepted. The minutes of the regular meeting on Monday, May 28, 1962, and of the special meeting on Tuesday, June 5 1962, a copy of whicp had been previously mailedtto each of the Aldermen, were approved as written. The City Attorney reported that certain territory had been annexed by order of the County Court to the pting City of Fayetteville, said property being located contiguous to the present City Limits on the Northeast xed boundary of the City Limits. itory. After a brief discussion, the City Attorney introduced and at the request of the Council. read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE C' h. OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES". Alderman Burgin moved that the rules be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Wheeler and passed unanimously. The ordinance was then read for the second time. Alderman Burgin then moved that the rules be further suspended and the ordinance placed on the third and final reading. The motion was seconded by Alderman Wheeler and passed unanimously, whereupon the ordinance was read for the third and last time. The Mayor then declared the ordinance open for discussion. There being no further discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye', Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. nce 1304 ORDINANCE NO. 1304 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS;AND FOR OTHER PURPOSES. WHEREAS, the County Court of Washington County, Arkansas, did on April 24, 1962, make an order annex the following described territory to the City of Fayetteville, Arkansas, to -wit: A part of the Southeast Quarter (SB4) of the Southwest Quarter (SW4) of Section 2, Township 16 North Range 30 West, more particularly described as follows, to -wit: Beginning at the Southwest corner of said 40 acre tract, and running, thence North 488 feet, thence South 89° 321 East 170 feet, thence North 0° 13, East 225.9 feet, thence East 168 feet, thence South 189.75 feet, thence South 89° 281 East 172 feet, South 50 20' West 104.15 feet, thence East 140 feet, thence South 420 feet, thence West 660 feet to the point of beginning, also known as Broadview Second 57ibdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1, That the Annexation of the above-described territory to the 6orporate Limits of the City Fayetteville, Arkansas, be and the same is hereby accepted. Firm SECTION 2. That all of the above-described territory is hereby assigned to and made a part of 3 of the City of FAyetteville, Arkansas. BIDDER BID TRADE-IN NET COST TO CITY Central Fire Truck Corp. $139346.00 ----- $13,746.00 Manchester, Mo. Rail Delivery 00.00 13,74 .00 American La France Co. $13,694.00 f.o.b. $300.00 (If accepted)$13094.00 Shreveport, Ia. Fayetteville SECTION 3. That this Ordinance shall take effect and be in force and effect from and after its Memphis, Tenn. passage, approval, and publication. Mack Fire Apparatus Co. $209400.00 $200.00 $20,200.00 PASSED AND APPROVED this lith day of June, 1962. Oklahoma0yity, Okla. APPROVED: Authorize the City and had determined that a large number of lights were needed all over the City. ATTEST: He glso reported that the lights would cost too much for tte City to have all installed this year but they sum of I GUY E. BROWN, MAYOR could be installed along the highways within the City Limits for the sum of $250.00 per month and later $250. per m nth. GEORGE DAVIS, CITY CLERK After a long discussion, Alderman Christie moved that the City add $250.00 per month additional street Alderman Wheeler reported that the proposed sewe mains running south from near the Oberman Manufacturing Authorize' the Co. Plant would extend across private property;n he U. S. Department of Health requires the necessary The motion was seconded by Alderman Burgin and passed unanimously. securing of easements sewer easements to be acquired prior to the execution of a contract in order to receive Federal Aid on the Recommendation Finance Corm for sewer lines Council regarding Off -Street Parking Lots which he read in its entirety to the Council. project. South. Re After a brief discussion, Alderman Wheeler moved to authorize the securing of the necessary easements for Council Meeting, and read as follows: Parking Lois. the construction of the proposed collector sewer from near Oberman's Manufacturing Co. Plant south to the OFF-STREET PARKING LOTS Elkhart's new plant now under construction. The Problem and Its Limitations. The City of Fayetteville, beginning November 16, 1954, entered into The motion was seconded by Alderman Thomas and passed unanimously. an arrangement to lease - with an option to purchase - several lots for off-street parking. The City improved the lots by blacktopping, curbing, constructing sidewalks where necessary, and installing parkin€ meters. The City polices the lots, collects the parking meter deposits, and maintains and services the Alderman Wheeler further reported that Mr. Casto Robertson has a sale of a farm located on top of the Authorize mountain east•of Lake Wilson property, to a Florida man providing he can build approximately 3/4 mile of The lots under consideration are limited to Lots No. 1, 2, 3, 5, and 6. The Retail Merchants participate i permission for road road through the City's property (Lake Wilson) to get to Fayetteville rather than to go south and through through Laka. Wilson Greenland, thereby making a much shorter route to Fayetteville. property. After a brief discussion, Alderman Thomas moved to grant Casto Robertson permission to construct a road and the rental with no reimbursement for other costs. This, from the viewpoint of the Finance Committee, across City property at or near Lake Wilson according to specifications and under the supervision of the City Engineer. The motion was seconded by Alderman Heflin and passed unanimously. Alderman Wheeler further reported that a new building was needed at Lake Fayetteville for a Boat Dock To Advertise for Operations Building and that money was available in the Lake Recreation Fund,which was set aside for such bids for new purposes,, The new building would replacethe old building and would cost approximately $9,000.00 to $10,00 , boat house at After a brief discussion, Alderman Wheeler moved to authorize the Mayor and Water Superintendent to Lake Fayetteville, advertise for bids for a new building to replace t1B old Boat Dock Operations Building at Lake Fayetteville according to plans and specifications to be furnished by the City Engineer and to be paid out of the Lake Recreation Fund. ' The motion was seconded by Alderman Short and passed unanimously. Purchase pf Alderman Faucette reported that the Police & Fire Committee and the Fire Chief had checked the bids on a 'new fire truck. new fire truck and fire apparatus and they recommended the purchase of the low bid by American La France Co for the sum of $13,694.00 f.o.b. (The other low bid was not f.o.b.)because it met all specifications. After a brief discussion, Alderman Faucette moved to accept the recommendation of the Police & Fire Committee and Fire Chief and purchase the new truck and fire apparatus from the American La France Co. for the sum of $13,694.00 f.o.b. Fayetteville by rail. The motion was seconded by Alderman Burgin and passed unanimously. Bids on Fire BIDS ON FIRE TRUCK & APPARATUS truck. BIDDER BID TRADE-IN NET COST TO CITY Central Fire Truck Corp. $139346.00 ----- $13,746.00 Manchester, Mo. Rail Delivery 00.00 13,74 .00 American La France Co. $13,694.00 f.o.b. $300.00 (If accepted)$13094.00 Shreveport, Ia. Fayetteville Peter Pirsch & Sons $14,887.00 $200.00 $15,667.00 Memphis, Tenn. Mack Fire Apparatus Co. $209400.00 $200.00 $20,200.00 Oklahoma0yity, Okla. Alderman Christie reported that the Street Committee and Mayor had made a study of the street lights of Authorize the City and had determined that a large number of lights were needed all over the City. Street lights. He glso reported that the lights would cost too much for tte City to have all installed this year but they sum of I could be installed along the highways within the City Limits for the sum of $250.00 per month and later $250. per m nth. more could be installed. After a long discussion, Alderman Christie moved that the City add $250.00 per month additional street lights along the highways within the City Limits. The motion was seconded by Alderman Burgin and passed unanimously. Alderman Short reported that the Finance Committee had met and had made certain recommendations to the Recommendation Finance Corm of 'ttee Council regarding Off -Street Parking Lots which he read in its entirety to the Council. Off-Str No action was taken at this time but the recommendations were spread of record in the minutes of this Re et Council Meeting, and read as follows: Parking Lois. OFF-STREET PARKING LOTS The Problem and Its Limitations. The City of Fayetteville, beginning November 16, 1954, entered into an arrangement to lease - with an option to purchase - several lots for off-street parking. The City improved the lots by blacktopping, curbing, constructing sidewalks where necessary, and installing parkin€ meters. The City polices the lots, collects the parking meter deposits, and maintains and services the meters. The Retail Merchants' Association agreet to pay 35% of the total annual net loss on certain lots. The lots under consideration are limited to Lots No. 1, 2, 3, 5, and 6. The Retail Merchants participate i the off-street parking program only on Lots 2, 3, 5, and 6. The above agreements have placed the City in the position of paying out of tax revenues the cost of con- structing, servicing and maintaining the lots, plus assuming 65% of the difference between the collection: and the rental with no reimbursement for other costs. This, from the viewpoint of the Finance Committee, is an unjustifiaIDle use of general revenues because - (1) Money derived from taxes is used for the construction, maintenance, and operation of parking the individual tax payer must then pay a charge for using them. (2) The lots serve primarily the interests of business and property owners located near them. (3) Present regulations require that all new buildings provide parking space commensurate with the of the building. If the leases are continued until termination, the City will have spent: Lots 1, 2, 3, 5, and 6. Construction Costs -------------------- $ 392211.00 Lots 1, 22 32 5, and 6. Total Rentals ------------------------- 273,500.00 Lots 1, 2, 3, and 5.--Freperky-Taxes----------------------- 4 009.00 Total $3469720*00 At that time the pity will not own the property improvements and it will be subject to either a new lease reversion to the property owners. The City will recover during the lease agreement the following funds at the current rate of usage and underwriting: Parking meter income --- ---------------------------- $128,237.00 Property Rental ------------------------------- 23,400.00 Contribution from retail merchants ------------------------ 2 7.00 Total 204,894.00 This leaves a deficit of $141,826.00 that must come from general revenues. If the City exercises its opti to purchase as the lots become available, the total price of the lots would be: Purchase Price Construction Cost ------------------- $197,500.00 ------------------- 399211.00 Total $236,711.00 The above computations do not include any charges for policing, servicing meters, or repairs. The Finance Committee is very conscious of, the necessity of doing all that is justifiable and,sound in preserving the property values around the Square, and that the preservation of this value is directly tied to the availability and accessibility of adequate parking facilities. It is further concerned with fact that in the very near future additional facilities will become necessary and that plans for the acquisition of additional property should be soundly drawn so that the result will be beneficial to all. POSSIBLE SOLUTIONS Several solutions are apparent and each will find favor from the particular viewpoint of anyone who has a direct or even an indirect concern in the matter. The first would be a continuation of the present situation which the Finance Committee feels is not justified. Another solution would be that private capital would be used in the construction and maintenance of privately owned commercial parking lots. This has been the pattern of development in many communities and would probably result in a higher parking rate than now prevails. No desire has been evidenced by private capital to buy or build additional commercial parking facilities. Another solution would be for the City to buy, asthe, right topurchase option becomes available, all of the lots and dispose of them immediately thereby releasing the City from the obligation of further operation of business usually operated by private enterprise. There has been much criticism of government extending its activities into areas predominately reserved for private capital and for free enterprise. None of these solutions appear to solve the problems of all interests concerned with off-street These.intefests are mainly:. (1) The general public who needs parking to conduct business with enterprises located in congested ar (2) The businesses located in the central part of town who are dependent upon the general public's patronage, and (3) The City Government who must have as its primary concern the utilization of t1B tax.. dollar to provide the best services for the most people. The Finance Committee, with all of the above in mind, recommends that the following proposas be pre - dented to the Retail Merchants' Off -Street Parking Association and, upon final agreement with them, to cause to be prepared a legal document that will become a contract when finally authorized by the City Council and the Retail Merchants' Association. • �s The City Council of Fayetteville and tim Retail Merchants Off -Street Parking Association agree to t following policies for the lease or purchase of the following parking lots, and.the policy for the acqui tion of additional lots as they become necessary and available. (1) The City of Fayetteville will purchase at the stipulated price,Lots No. 1,20,5, and 6 at the earliest possible date. {honey sufficient to cover the purchase price and the construction cost wi be forrowed at the lowest possible rate of interest and amortized over a ten-year period of time. The City will pledge the parking meter collections from the lots toward the retirement of this to The City will service and maintain the parking meters and police them as is currently done. The retail Merchants' Off -Street Parking Association will underwrite the monthly deficit, if any, bet the collections and the monthly loan payment. Collections from all of the stipulated lots will be pooled. (2) If any of the owners of the listed lots wish to terminate the lease agreement and the Retail Mer- chants' Association approves such termination, the City will acquiesce if a fair price to be paid by the owner can be negotiated for the City installed improvements. 1,15 i (3) The acquisition of future lots may be by lease or outright purchase when such is recommended by the Retail Merchants' Association to the Uouncil. If the lot is to.be purchased, the Retail Merchants will negotiate a purchase price with the owner The City will then borrow the money at the lowest rate of interest possible to purchase the lot and construct a parking lot in accordance with the specifications of the City Engineer and pledge the income from that lot alone toward repayment of the loan. The Retail Merchants' Association will underwrite the net monthly deficit between the receipts and the loan payment. If the lot is to be leased for a definite period oftime without any option to purchase by the City, the owner will construct a parking lot under the specifications set forth by the City Engineer and establish a monthly rental price with the Retail Merchants' Association. The City will pledge the total revenue from that lot alone toward the rental price and the Retail Merchants' Association will underwrite the deficit. On any lot acquired in the future, the City will furnish the aame services currently afforded on existing lots. Kellie Acres The Building Inspector presented the final plat for an Addition to the City to be known as Kellie Acres Addition) Addition. accepted. After. a brief,discussion, the City Attorney intrmduced and at the request of the Council, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE TO ACCEPT AND.CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN KELLIE ACRES ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Old house Alderman Burgin moved that the rules be suspended gnd that the ordinance be placed on the second reading. moved to The motion was seconded by Alderman Short and passed unanimously. City froij The ordinance was then read for the second time. country, Alderman Burgin then moved that the rules be further suspended rand the ordinance placed on the third and Ordinance No. final reading. 1305 The motion was seconded Alderman Short and passed unanimously. committee. ,by The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. 'here being no discussion, the Mayor asked the question, "Shall: the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor"declared the Ordinance passed. ORDINANCE NO. 1305 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN KELLIE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a re -plat of lots 10, 11, 12, and 13 of the re -plat of the revised plat of lots 12 to 21, inclusive, of Sunset Heights Addition to the City of Fayetteville, dated May 2, 1962, known as the Kellie Acres Additi to the City of Fayetteville, Arkansas, and being a part of the Southwest Quarter (SWC) and a part of the Southeast Quarter(SE�) of Section Three(3), Township 16 North, Range 30 West,of the Fifth Principal Meridian, by which the owners of the platted real estate have dedicated for the public use the streets, alleys and easements shown upon said plat, and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of a streets,alleys, and easements, dedicated in Kellie Acres Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements, to be public streets, alleys, and easements, and the said City Council hereby assumes the care, control, and jurisdiction of the same. SECTION 2. That this Ordinance shall take effect and be in force and effect from and after its passage, approval, and publication. DATED THIS 11th day of June, 1962. ATTES APPROVED: � WWWA GUY E. BROWN3 MAYOR G' RGE LV. DAVIS, CITY CLERK Authorize Alderman Thomas then moved that the Mayor and City Clerk be and they are hereby authorized to execute a Subdivision Subdivision Contract with the owners of Kellie Acres Addition (Messrs Don and Dewey Pitts) andthat the Contract City Clerk be further authorized to Cause the'Subdivision Contract to be recorded in the Circuit Clerk's Office with the Deed Records of the County. The motion was seconded by Alderman Burgin and passed unanimously. Old house Alderman Heflin reported that he had received several complaints concerning an old house which had been moved to moved.from outside the City Limits to South Washington Avenue, which is inside tte City. City froij The owner agreed to modernize the building but a long discussion was had concerning other problems of country, this sort. Referred Alderman Thomas moved to refer this to the Building Committee for study and recommendation. to Building The motion was seconded by Alderman Faucette and passed unanimously. committee. there being no further business, Alderman Short moved to adjourn. The motion was seconded by Alderman Heflin and••passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: GEORGE J(J DAIM f CITY CLERK E.