HomeMy WebLinkAbout1966-05-16 Minutes23
NINE M �ilr:
The Board of Directors of the City of Fayetteville, Arkansas, met in regular s8ssion in the Directors
in the City Administration Building on Monday, May 16, 1966, at -7:30 P. M.
Present: City Manager Gerald Fox, Mayor Don Trumbo, City Clerk George J. Davis, City Attorney Hugh Ki
City Planning Consultant James Vizzier, and Board Members: James Kerlin, Sylvia Swartz, Joe McFerran,
Garland Melton,Jr.� Arnold Christie.
Absent: Director Dale Dunn.
The minutes of the regular meeting on Monday, May 22 1966, a copy of which had previously been mailed to
each of the Board Members, were approved as written.
Commend Alb e
t
Director Christie moved that the Board -of Directors commend City Controller Alber J. Jones for his
Jones for
the University to vacate and abandon that portion of Maryland Street lying west of Stadium Drive.
splendid work and cooperation as Administrative Assistant, in addition to hiscother duties, during
work as
Administrative
Assistant.
the interin period.
The motion was seconded by Director Kerlin and passed unanimously by Acclamation.
There being no .further business, Director Melton moved to Adjourn.
The motion was seconded by Director Christiedand passed unanimously, whereupon, the Mayor declared
of that portion of Maryland Street as petitioned.
Public Hearing
the meeting adjourned.
to vacate pairt
of
Arkansas Times, a daily newspaper published in Washington County Arkansas, and having a general circulati,
APPROVED
in the City of Fayetteville, Arkansas, once a week for two consecutive weeks, and that the tniversity had
DON TRUMPO JR., MAYOR
Eaused an Abstractor's Certificate of Title showing the Owners of Record to be attached to the petition
NINE M �ilr:
The Board of Directors of the City of Fayetteville, Arkansas, met in regular s8ssion in the Directors
in the City Administration Building on Monday, May 16, 1966, at -7:30 P. M.
Present: City Manager Gerald Fox, Mayor Don Trumbo, City Clerk George J. Davis, City Attorney Hugh Ki
City Planning Consultant James Vizzier, and Board Members: James Kerlin, Sylvia Swartz, Joe McFerran,
Garland Melton,Jr.� Arnold Christie.
Absent: Director Dale Dunn.
There being si# 'Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1498
AN ORDINANCE VACATING A14D AP.ANDONING A PORTION OF MARYLAND STREET IN THE CITY OF EAYETTEVILLE, ARKANSAS.
WHEREAS, a petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansas
on the 21st day of Arril, asking the Board of Directors to vacate and abandon a portion of Maryland Stree
in the City of Fayetteville, Arkansas, described as follows:
That portion of Maryland Street lying West of Stadium Drive in Oak Park Place Addition to
the City of Fayetteville, Arkansas.
WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place
mentioned in the Notice, heard all persons desiring to be heard on the question and has ascertained that
the portion of the street hereinbefore described has heretofore been dedicated to the public use as a
street; has not actually been used by the public generally for a period of at least five years subsequent
to the filing of the plat; that the owner of all of the property abutting upon the portion of the street
to be vacated has filed with the Board of Directors its written consent to such abandonment; and that the
public interest and welfare will not be adversely affected by the abandonment of such street.
P
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its rights,
together with the rights of the public generally, in and to the aforedescribed portion of Maryland Street)
in the City of Fayetteville, Arkansas, and as a eoiidition to the closing of said portion of Maryland Street,
the City shall be held free and harmless from liability asiD any claims of the abutting property owner for
damages to the property described herein, which may result from the City or other utility companies removir
and relocating all public utilities located in or upon said vacated street.
SECTION 2. A copy of this Ordhance, duly certified by the City Clerk, shall be £iled'in the office of
thv7 the+,Reno4er of the County and recorded in the deed records of the County.
SECTION 3. This Ordinance shall be in full force and effect from and after its passage, approval
publication.
PASSED AND APPROVED this 16th day of May 1966.
APPROVED:
ATTEST: ,o
i4ae ; DON TRUO, JR., MAYOR
GEORGE`1:" V , CITY CLERK
The minutes of the regular meeting on Monday, May 22 1966, a copy of which had previously been mailed to
each of the Board Members, were approved as written.
The Mayor reported that this was the date:, time, and place set for a public hearing on a petition from
the University to vacate and abandon that portion of Maryland Street lying west of Stadium Drive.
The Planning Consultant reported that the Planning Commission had recommended the vacating and abandoning
of that portion of Maryland Street as petitioned.
Public Hearing
The City Clerk reported that he had caused a notice of the public hearing to be published in the Northwes
to vacate pairt
of
Arkansas Times, a daily newspaper published in Washington County Arkansas, and having a general circulati,
Maryland Street.
in the City of Fayetteville, Arkansas, once a week for two consecutive weeks, and that the tniversity had
Eaused an Abstractor's Certificate of Title showing the Owners of Record to be attached to the petition
prior to the date set for the public hearing.
He further reported that he had a letter from each of the Utility Companies showing they had no objection
to the vacating and abandoning of the above named street.
The Mayor then asked if there was anyone present who objected to the vacating and abandoning of Maryland
Street as mentioned above.
There being no objections, the City Attorney introduced and, at the request of the Directors, read a
proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE VACATING AND ABANDONING A
PORTION OF MARYLAND STREET IN THE CITY OF FAYETTEVILT,E, ARKANSAS"
Director Christie moved that the rule be suspended and the Ordinance placed on the second reading.
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the second time.
The Mayor then declared the Ordinance open for discussion. There being no discussion, Director Swartz
moved that the rule be further suspended and the Ordinance placed on the third and final reading.
The motion was seconded by Director Christie and passed unanimously.
The Ordinance was then read for the third and last time.
Ordinance No.
T1:e Mayor asked the question, "Shall the Ordinance pass?". Upon roll call the following vote was recorded
1498
"Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Trumbo.
"Nay" None.
There being si# 'Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1498
AN ORDINANCE VACATING A14D AP.ANDONING A PORTION OF MARYLAND STREET IN THE CITY OF EAYETTEVILLE, ARKANSAS.
WHEREAS, a petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansas
on the 21st day of Arril, asking the Board of Directors to vacate and abandon a portion of Maryland Stree
in the City of Fayetteville, Arkansas, described as follows:
That portion of Maryland Street lying West of Stadium Drive in Oak Park Place Addition to
the City of Fayetteville, Arkansas.
WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place
mentioned in the Notice, heard all persons desiring to be heard on the question and has ascertained that
the portion of the street hereinbefore described has heretofore been dedicated to the public use as a
street; has not actually been used by the public generally for a period of at least five years subsequent
to the filing of the plat; that the owner of all of the property abutting upon the portion of the street
to be vacated has filed with the Board of Directors its written consent to such abandonment; and that the
public interest and welfare will not be adversely affected by the abandonment of such street.
P
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its rights,
together with the rights of the public generally, in and to the aforedescribed portion of Maryland Street)
in the City of Fayetteville, Arkansas, and as a eoiidition to the closing of said portion of Maryland Street,
the City shall be held free and harmless from liability asiD any claims of the abutting property owner for
damages to the property described herein, which may result from the City or other utility companies removir
and relocating all public utilities located in or upon said vacated street.
SECTION 2. A copy of this Ordhance, duly certified by the City Clerk, shall be £iled'in the office of
thv7 the+,Reno4er of the County and recorded in the deed records of the County.
SECTION 3. This Ordinance shall be in full force and effect from and after its passage, approval
publication.
PASSED AND APPROVED this 16th day of May 1966.
APPROVED:
ATTEST: ,o
i4ae ; DON TRUO, JR., MAYOR
GEORGE`1:" V , CITY CLERK
24
Appeal from The Mayor reported that the Presbytery of Arkansas had appealed the decision of the Planning Commiss
d cission on rezoning certain real esta&Melongsto the Presbytery and located on the north side of Wedington Drive
of Planning The Planning Comission had recommended that the petition to rezone be denied because the multi -family use
Commission. requested isnot in character with the existing single f amily residential character of the area.
A large group of citizens residing in that area appeared before the Board of Directors and expressed thei
Appeal opinion on this rezoning. Bost of these citizens were opposed to the rezoning.
denied. After a long dscussion,Director Melton,moved to accept the recommendation of the Planning Commission and
not rezon&* the Presbyterian Church property as petitioned.
A motion was seconded by Director Swartz and passed unanimously
Authorize Director Kerlin moved that the Mayor and City Clerk be and they are hereby authorized to execute anReleas
Release Deed for the following described property, to -wit:
Deed
A part of Lots 1, 2, 3, k, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of Block 3 in Bel -Air Acres Second Addition
Bel -Air Acres to the City of Fayetteville, Arkansas, as per plat of said Addition of file in the Office of
2nd Add. I the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
The motion was seconded by Director Melton and passed unanimously.
Richard Walden appeared before the Board of Directors in regard to financial assistance for Youth Center.
He explained that the City had heretofore donated one hundred dollars ($100.00) per month to the Boys
'Club which has been changed to the Youth Center.but had not done so for this year.
After a long discussion Director Melton moved to donate.one hundred ($100.000 per month to the Youth Cent
retroactive to January 1, 1966, and to continue throu#titheoyearfof51966, and that it be reconsidered of
a report from the Advisory Committee on Parks and Recr6ation: also that the Youth Center forward a copy o
their Financial Report and Budget at the close of 1966.
The motion was seconded by Director Kerlin and upon roll call the following vote was recorded, 9Aye"
Kerlin, McFerran, Melton, Christie, and Trumbo. "Nay" Swartz.
There being five (5) "Ayeg" and only one (1) "Nay", the Mayor declared the motion passed.
solution
o. 9-66 The City Attorney read a proposed resolution entitled, "A RESOLUTION TO ESTABLISH A BEAUTIFICATION COMh;IT
FOR THE CITY OF FAYETTEVILLE, ARKANSAS."
Director Swartz moved that the Resolution be adopted.
A motion was seconded by Director Melton and passed unanimously wereupon the Mayor declared the Resolutic
adopted.
RESOLUTION NO. 9-66
A RESOLUTION TO ESTABLISH A BEAUTIFICATION COMKITTEE FOR THE CITY OF FAYETTEVILLE, ARKANSAS.
WHEREAS, in order to better coordinate various beautification activities in the 6ity of Fayetteville;
Arkansas, and to provide advice and planning for the City and its citizens in their beautification efforts,
it is deemed in the best interest of the public to establish a City Beautification Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE.CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That there is hereby established in the City of Fayetteville, Arkansas, a City Beautific
Committee; that said committee shall be composed of sixteen (16) persons, who are duly qualified electors
City of Fayetteville, Arkansas, and who shall be nominated by the City Manager and confirmed by the Board
of Directors to serve for indefinite terms. Removal of any such member or the filling of any vacancy on
committee may be accomplished in like manner.
SECTION 2.
The City
Beautification
Committee shall be an advisory body and shall have the
duties:
A. To coordinate all beautification activities in the City;
B. To advise the Board of Directors as to areas of beautification which can be accomplished
.with City crews and departments;
C. To prepare an overall beautification plan which could be submitted by the City as just-
ification for a federal beautification grant.
SECTION 2. City funds shall be made available in connection with the activities of the Committee
after approval of the Board of Directors.
PASSED AMID APPROVED 'tKis `*`16 day of May , 1966s
APPROVED:
ATTEST:
GEORGVJ*12AVIS, CITY CLERK
0
Committee.
The City Manager recommended that the following citizens be appointed to the City Beautification Committe
Chairman- Dr. S. C. Dellinger
Alan Gilbert
Frank Suttle
Dick Wells
Mrs. Lonnie fall
Ray Alford
John Williams
Dr. Douglas James
Mrs. Joe Clark
Mrs. Guy Brown
Mrs. Tom Pearson Jr.
Mrs. Helen Bocquin
Raymond Nelson
Dr. Robert Clack
Dr. Faye Mead
Alvin Rich
Director Kerlin moved to accept the recommendation of the City Manager and appoint the Beautification
Committee as outlined above provided they are qualified voters.
The motion was sedonded by Director McFerran and passed unanimously.
(Upon checkin the, -list of qualified voters%ithin the corporate limits of the City of Fayetteville,
the City Clem found that all the above persons were legally qualified voters.
ti on
of the
he
1
25
The City Attorney read a proposed resolution entitled,"A RESOLUTION ESTABLISHING THE POLICY GOVERNING
THE RELATIONSHIP BETWEEN THE BOARD OF DIRECTORS AND THE CITY MANAGER, INCLUDING DELEGATION OF CERTAIN
Resolution 10-66 AUTHORITY!'
Director Melton moved that the Resolutions be adopted. The motion was seconded by Director Swartz and
passed unanimously, whereupon the Mayor declared the Resolution adopted.
RESOLUTION 10-66
A RESOLUTION ESTABLISHING THE POLICY GOVERNING THE RELATIONSHIP BETWEEN THE BOARD OF DIRECTORS AND THE
CITY MANAGER, INCLUDING DELEGATION OF CERTAIN AUTHORITY.
WHEREAS, in the interest of efficient and effective operation of City government it is necessary to
establish the policy governing the basic relationship between the Board of Directors and the City Manager
including the delegation of authority for decisions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CIT_' OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the Board of Directors recognizes, establishes and maintains the following guide-
lines in its relationship with the City Manager.
A. It is recognized that good management is the most important factor to the
success of the City. In exercising its management responsibilities, the
Board of Directors reserves its authority to approve policy which represents b
broad statements of intentions, approve_ plans and programs, and delegate authority of
administration to the Manager, except those rights that are ty law, conferred upon
or reserved to its members.
B. The Board of Directors recognizes its responsibility and its need to establish
policies, approve plans and programs, and delegate authority to the City
Manager to execute and carry out its plans, programs and policies. In approving
his position -description, the Board recognizes that the City Manager requires the
aughoui:ty to hire capable personnel within an approved wage and salary policy
including a performance evaluation system or procedure, plan and establish
schedules, train, supervise and when necessary, terminate or replace employees.
C. All policies should be approved by the Board of Directors. The City Manager shall be
instructed to formulate and distribute policies. The board further recognizes that, should
any Director in private conversation with othe% make commitments for the Poard of Director
that Director becomes involved in aceerious breach of policy which might disrupt the entir
organization. Therefore, members shall refrain from acting as spokesman for the board excep
in cases authorized by the Board.
D. It shall be the policy of the Board of Directors torefrain, as individuals, from discussing
management problems with the personnel of the City except in cases where the Board of Directors
may deem it necessary to confer with personnel at regular or special meetings of the Board, and
then in the presence of the City Manager,
E. It shall be distinctly understood that authority for the management of the City shall pass
through the City Manager and that he shall be the only official contact between the Board
of Directors and employed personnel. The Board of Directors shall require full and complet
information from the City Manager concerning all matters incoonnection with the management
of the City as set forth in Board policies.
F. Primarily, the purpose of this policy is,to define the relationship that should exist betwe
the Board of Directors, who are elected representatives of the City, and the City Manager.
The Board of Directors recognizes that efficient management of the City can exist only thro
mutual understanding and complete cooperation between the Board of Directors and the City
Manager. The City Manager is expected to produce results and furnish the Board of Director
information in a manner which indicates the existence of an adequate system of control. Hi
performance cannot be of the best unless he is given latitude to exercise independent judg-
ment in executing policies of the Board of Directors. The Board of Directors acknowledges
that obligation and gives the City Manager that latitude of judgment and discretion, and
expects faithful performance in carrying out the policies of the Board of Directors.
G. The Board of Directors recognizes the responsibility for the employment of a City Manager,
and further the additional oresponsibility for a systematic appraisal and review of his
performance so that growth, development and effective improvement are encouraged.
H. The Board of Directors recognizes the responsibility of the City Manager for:
and
1. Directing the operations of the City;
2. Advising and assisting it in its deliberations. In connedtion with this latter
stated responsibility, the Board of Directors expects and requests the City
Manager to furnish it with whatever data, information and material it may need tc+
to properly carry out its functions.
SECTION 2. The Board of Directors will be responsible for the systematic appraisal of the performzn
of the City Manager.
PASSED A?D APPROVED this 16th day of May, 1966.
APPROVED:
DON TRUMBO; JR.,
ATTEST:
GEORGE . !(VIS, CITY CLERK
M
The City Attorney then read a proposed ^71c ia::cs in its entirety entitled, "A RESOLUTION AMENDING RESOLUT
N0, 13-65, CHANGING THE AUTHORIZED REPRESENTATIVE FOR THE CITY UNDER THE C0141XITY RhNE79AL PROGRAM FROM
MAYOR TO CITY MANAGER".
Director Swartz moved that the Resolution be adopted. The motion was seconded by Director Kerlin and pass
unanimously, whereupon the Mayor declared the Resolution adopted.
LUTION Is.C�. RESOLUTION N0, 11-66
11-66 I
A RESOLUTION AMfENDING RESOLUTION N0, 13-653 CHANGING THE AUTHORIZED REPRESENTATIVE FOR THE CITY UNDER
COMYNUNITY RENEWAL PROGRAM FROM MAYOR TO CITY MANAGER.
WHEREAS, under the provisions of Resolution No. 13-65, of September 9, 1965, the Mayor was designs
as the authorized representative of the City to file requisitions for grant funds under Community Renew
Program Grant No. R-65 (CR) (G), and to do all other things required to obtain such payments, and
WHEREAS, since the date Resolution No. 13-65 was adopted, the City of Fayetteville has changed from
Mayor -Council form of government to a Manager form of government, and it is the desire of the Board of D.
to designate the City Eanager as the authorized represbntative of the City under the Community Renewal P:
and to invest him with the authority attendant thereto.
NOW, THEREFORE, EE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYEfTEVILLE, ARKANSAS:
SECTION 1, That Section 3 of Resolution No. 13-65, of September 9, 1965, be amended to read as
Section 3,• The City Manager of this Fublic body is hereby authorized to file requisitions,
together with necessary supporting documents, with the Government, from time to time, as grant
funds are required, requesting payments to be made to it on account of the Grant provided for in
the Contract, and to do and perform all other things and acts required to be done or performed in
order to obtain such payments.
SECTION 2. That this Resolution shall take effect immediately.
PASSED AND APPROVED this 16th day of Maw, 1966.
APPROVED:
n�-• DON TRUMBO, JR., M OR
ATTEST:
GEGRGE . D S, CITY CLERK
orizs
enation The City Manager reported that negotiations to purchase the necessary right-of-way for Arkansas State
way 16 Highway No. 16 by=pass has been under way but a few of the property.owners were not willing to sell at th
ht -of- price offered by the City.
way, After a long discussion Director Mclkran moved that the City Attorney be and he it hereby authorized to
ty. initiate the necessary proceedings to secure the necessary real estate for the by-pass for Arkansas State
Highway No. 16 including eminant domain (condemnation) proceedings.
orize The motion was seconded by Director Melton and passed unanimously,
t -of -way
to Director Swartz Vjoved that the Mayor and City Clerk be and they are hereby authorized to execute a Right -
Co: of -way Grant for the Arkansas Western Gas Company, Fayetteville, Arkansas across City owned property des&
as follows to -wit: I
The &ist 50' of the SW 1/4 -Fr. 1. NW 1/4, and the East 50' of the W 1/2-Frl. SWI/4 of Section
also the East 50' of the NW 1/4,-Frl. NW 1/4 of Section 19, all in Township 17 North, Range 29
The motion was seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, Mcrerran, Melton, Trumbo. "Nay" none. "Abstain ung " Christie.
There being five "Ayes", no "Nays", but only one"Abstaining 11, the rayor declared the motion passed.
The Board of Directors, after a brief discussion, agreed to eliminate the Agenda meetings"during the
summer months.
There being no further business, Director Swartz moved to adjourned The
Melton and passed unanimously whereupon the Mayor declared the meeting
ATTEST: p -!.r Q
GEORGE
E DA S, CITY CLERK
APPROVED:
was seconded by Director
bed
1