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HomeMy WebLinkAbout1966-12-19 Minutes101 Resolution A twenty foot alley located North of and abutting Lots 1 and 2•and South of hhd abutting No. 36-66 Lots -9 and 10 in Black 7 of Mountain View Addition to the City of Fayettevillb, Arkansas (c®nt.) commencing at the East..line of said Block -7 and extending West to the East line of the ten foot alley running North and South through said"Block. - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETEEVILLE, ARKANSAS: That the 19th day of December, 1966, is the date set for the hearing of the aforesaid petition; that I hearing shall be in the Board of Directors Room of the City Administration Building at 7:30 oblock.P.1 BE IT FURTHER RESOLVED, that the City Clerk of theCity of Fayetteville, Arkansas, is hereby directed to I ive notice of such hearing by publication once a week for two consecutive weeks in the Northwest Arkansas Times, a newspaper having general circulation in the City of Fayetteville, Arkansas. AND APPROVED this 5th day of December, 1966. APPROVED: A DON TRUMBO, MAYOR EORGE . D , S, CITY CLERK here being no further business, Director Dunn moved to adjourn. he motion was seconded by Director Swartz and passed unanimously, whereupon the Mayor declared the ieeting adjourned. APPROVED: TTEST: r l.liL DON TRUMBO, MAYOR GEORG J. 4RAVIS, CITY CLERK (a) Develop and coordinate all recreation activities of the City, Youth Center, and School District. (b) Prepare development plans for present parks and for future park areas. (c) Investigate all federal programs -for park and recreation development and prepare necessary forms. (d) Supervise swimming pool operation. (e) Develop and supervise a park maintenance program. (4) The Board of Directors of Fayetteville, Arkansas, met in regular session in the Directors Room in the appointments City Adminkbtiation Building on Monday, December 19, 1966,•.at 7:30 P. M. Recreation Advisory Committee made up of Present: •City -Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney -Hugh Kincaid, and Directo several members 'Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. Center Board and others 'Absent: None. ' in the City of Fayetteville, Arkansas, once a week for two consecutive weeks and had caused an Abstractor' The minutes of the regular meeting on Monday, December 5, 1966, a copy of which had previously been mail to each of the Directors, were approved as written. Park and Recreat- He further re ted that he had letters from all the utility Companies except the Water and Sewer Dept. ion Discussion Swartz reported that the Parks and Recreation Citizens' Advisory Committee had recommended that `Director the City initiate a parks and recreation program for the 1967 fiscal year with the following recommendat closed. ' (1) The present Youth Center Director to be employed also as the Parks and Recreation Director for the City: (2) That an assistant youth center director be employed to handle most of the day to day functions ' the Youth Center, (3) That the Parks and Recreation Director be assigned the following tasks during the first year: (a) Develop and coordinate all recreation activities of the City, Youth Center, and School District. (b) Prepare development plans for present parks and for future park areas. (c) Investigate all federal programs -for park and recreation development and prepare necessary forms. (d) Supervise swimming pool operation. (e) Develop and supervise a park maintenance program. (4) Create and make appointments to a permanent Parks and Recreation Advisory Committee made up of Alley Addition to the City of Fayetteville, Arkansas, which had been approved by the Planning Commission. several members of the Youth Center Board and others to be selected by the City Board. Approval of The City Manager reported that it would cost the City a total of $44,000.00 for this Budget for the sum of $35,200.00 had been discussed for this in the 1967 budget. 1967 This would mean an additional sum of $8,800.00 needed in the budget for 1967. No further action. was taken on this at this time-, program, however e City Manager presented the proposed Budget and Work Program for theyearof 1967 as prepared by the ty Manager's Office. rector Dunn moved to accept'the Budget for 1967 as prepared by the City Manager's Office w2th provisi r an additional sum of $8,800.00 (a total sum of $44,000.00) for a Parks and Recreation Program as tlined above, e motion was seconded•by Director Kerlin and passed unanimously. Public The Mayor reported that this was the date, time, and place set for a public hearing on the petition of Hearing to Paul D. Lewis and Pauling G. Lewis, husband and wife, to vacate and abandon an alley in the Mountain View Vacate Alley Addition to the City of Fayetteville, Arkansas, which had been approved by the Planning Commission. in Mtl.View The City Clerk reported that he had caused notice of the public hearing to be published in the Northwest Addn.1 Arkansas Times, a daily newspaper published in Washington County, Arkansas, and having a general circulati ' in the City of Fayetteville, Arkansas, once a week for two consecutive weeks and had caused an Abstractor' Certificate of Title showing the owners of Record to be attached to the Petition prior to the date set for the pu lac hearing. He further re ted that he had letters from all the utility Companies except the Water and Sewer Dept. 'stating they d no objection to the alley being vacated and abandoned and that the Water Superintendent Pad stated to the Planning Commission at its hearing on the Petition that he had no objection to the alley closed. ' (being The City Attorney introduced and at the request of the Directors,read a proposed ordinance in its entirety entitled, "AN ORDINANCE VACATING A CERTAIN ALLEY IN MOUNTAIN VIEW ADDITIOW TO THE CITY OF FAYETTEVILLE, ' ARKANSAS." In the proposed ordinance the City 9ttorney had written a clause whereby the City would retain utility easements in the alley. Delete After a brief discussion, during which Mr. Lewis objected to th&s clause, -Director Melton moved to delete Utility :the clause in the proposed ordinance whereby the City would retain utility easements in this alley. Easement The motion was seconded by Director Dunn and passed unanimously. iliAllIIO • � .. .. Ste. 02 No 1523 Davis of Clement rd of 0 ctor Christie then moved that the Ordinance pass. motion was seconded by Director Swartz and upon roll call the following vote was recorded: "AYE" .in, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "NAY" None. -e being seven "AYES" and no 11NAYS" the Mayor declared the Ordinance passed. ORDINANCE N0. 1523 ORDINANCE VACATING A CERTAIN ALLEY IN MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. BAS, a petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansas, on 18th day of November, 19662 asking the Board of Directors to vacate and abandon the following descri' y in the, Mountain View Addition to the City of Fayetteville, Arkansas, to -wit: A twenty foot alley located North of and abutting Lots 1 and 2 and. South of and abutting Lots 9 and 10 in Block 7 of Mountain View Addition to the City of Fayetteville, Arkansas, commencing at the East line of said Block 7 and extending West to the East line of the ten foot alley running North and South through said Elock. EREAS, after due notice as required by law, the Board of Directors has, at the time and place mentioned the notice, heartl all persons desiring+to_,be heard on. -the question and. has.,ascertained that the alley reinbefore described has heretofore -been-dedicated to,.the public.use as,an�alley.;. has not been actually ed by the public generally for at least five years subsequent to the filing of the plat; that all the vers of the property abutting upon the alley to be vacated have filed with the Board of Directors their itten consent to such abandonment, and that the public interest and welfare will not be adversely fected by the abandonment'of such alley. , THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETiEVILLE, ARKANSAS. ION 1, The City of.Favetteville, Arkansas thereby releases, vacates and abandons all its rights, then with the rights of the.public.generally,.in and'to the aforedescribed alley ;in the Mountainview tion to the City of Fayetteville, Arkansas.. As a condition io_rthe'closing of the ahove-described y, the City shall be held free and harmless from liability as to any claims of the abutting owners dhmages to the property described herein, which may result from the City or other utility companies cating and relaying all public utilities now located in or upon said vacated alley. ON 2. A copy of this Ordinance duly certified by the City Clerk shall be filed in the office or the der of the Couhty and recorded in the deed records of the County. ION? 3. This Ordinance shall be in full force and effect from and after its passage,approval and AND A FFROVED this 19th day of December, 1966. APPROVED: DON TRUMBO, MAYOR yR The City Manager reported that the term of W. F. Thomas expires on January 1, 1967 on the Building Code Board of Appeals and that Mr. Thomas had requested that he not be reappointed. The City Manager recommended that Bryce Davis be appointed to a five year term ending January 1, 1972, and that the Board instruct the City Manager to Mr. Thomas expressing deep appreciation for his seven years of service on the Board. Director Melton moved to accept the recommendation of the City Manager and appoint Bryce Davis as a member of the Building Code Board of Appeals vice W. F. Thomas, beginning January 1, 1967 to January 1, V and that the City Manager is hereby instructed to write a letter b6 appreciation to Mr. Thomas for his seven year's service on the Board. The motion was seconded by.Director Kerlin and passed unanimously. The City Manager further recommended that Ede ent, whose term expires on_the,,,B�o"ard of Adjustments on January 1, 1967, be reappointed for a term oft years expiring January 1, 19(x. Director Melton moved to reappoint Ed C1e�:�ent to the.Board of Adstm tss bbe�giinnit�g January 12 19l�7 and expiring January 1, 197 +�" c.J,Zc�-~ Com,e iteb t . ate, '�G� ,Cw»� ✓.s 6�d�e�%� The motion was seconded by Director Swartz and passed unanimously. / Confirm the Appointing The City Manager further reported that the term of L. L. Baster, Chairman of the Housing Authority, exp of on December 29, 1966, and that the Housing Authority had reappointed Mr. Baxter to a new five-year term LIL.Baxter expiring December 29, 1971 subject to the confirmation by the Eoard of Directors. to Housing The City Manager recommended that the appointment be confirmed. Atithority Director Kerlin moved to confirm the Housing Authority's appointing of L. L. Baxter to a new five-year term on the Housing Authority expiring December 29, 1971. The motion was seconded by Director Swartz and massed unanimously. The City Attorney intorduced and, at the request of the Directors, read a proposed ordinance in its entir entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF CERTAIN LAUDS FOR THE PURPOSE,OF A PUBLIC STREET TO BE NAMED LEWIS WOODS LANE, AND FOR OTHER PURFOSES.11 Director Christie moved that the ordinance pass. The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "AYE" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, apd Dunn. "NAY" None. There being seven "AYES" and no 11NAYS112 the Mayor declared the Ordinance passed. 1524 ORDINANCE N0. 1524 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF CERTAIN LANDS FOR THE PURPOSE OF A PUBLIC STREET TO BE AAMED LEWIS WOODS LANE, AND FOR OTHER FURFOSES. WHEREAS, there. has been duly presented to the Board of Lewis,Directors of the *City of Fayetteville, Arkansas, a Warranty Deed executed by Herbert A. Lewis and Vera Lhusband and wife, dated October 12, 19662 wherein the owners haire granted or- dedicated for use as a public street and for water line right of way the following described tract of land situated in Washington County, Arkansas, to -wit: 1 1 L 103 Ordinance No. Part'of the•SE 1/4 of the NE 1/4 of Section 20 appart of thw SW 1/4 of -the NW 1/4 of Section 21, 1524 (Continued) all in 'Township 16 -North -of Range 29 West, described as beginning at a point 232.55 feet North of the SE corner of the SE 1/4 of -the NE 1/4 -on the North side of•the•.Rght of Way of Highway No. 16 East, and running thence East'with'the North right"of way'line-of said Highway 10 feet; thence North 577.72 feet; thence West 50 feet; thence South along the West line of an existing roadway 578.77 feet, more or less, to the north right of way line of laid Highway 16 East; thence East with said right of way line 40 feet to the point of beginning, for street or roadway purposes. Also, right of way for water line across property along the East side of said street or roadway. and, daid dedicated street shculd be named Lewis Woods Lane. NOW, THEREFORE, BE IT ORDAINED BY THE; BOARD OF DIRECTORS OF THE CITY OF RAYETTEVILLE, ARKANSAS: SECTION 1. That the Board of Directors of the City of Fayetteville, Arkansas, hereby accepts and confirm the dedication of the above-described land, and hereby declared said land to be a public street, and the Board of Directors hereby assumes the care, control and jurisdiction of same; that the -Board of Directors further accepts the dedication of the right of way for water line also provided for in said Warranty Deed 2. That the said street be and the same is hereby named "Lewis Woods Lane." ION 3. That this Ordinance shall be•in•£ull force and effect from and after its passage, approval publication. PASSED AND APPROVED THIS 19th day of December, 1966. APPROVED: ATTEST: DON TRUMBO, MAYOR -GEORG J. VIS, CITY CLERK - 'the City -Manager presented the petition -of Helen Edmiston to rezone -certain property from I -1A Light Industrial District to R-4 Multi -Family Residential District which had been approved by the Planning Commission. - - After a Brief discussion, the City Attorney introduced and, at the request of the Directors, read the proposed ordinance in its entirety entitled, "AN ORDINANCE. AMENDING ZONING ORDINANCE N0..1239 AND REVISED Ordinance No. ZONING DISTRICT MAF OF FAYETTEVILLE, ARKANSAS, APPROVED 14AY 280 1962, AS AMENDED, TO REZONE CERTAIN REAL 1525 ESTATE FROM I -1A LIGHT INDUSTRIAL DISTRICT TO R-4 MULTI=`FAMILY RESIDENTIAL AND DOMITORY DISTRICT." Director Dunn moved that the Ordinance pass.. The motion was seconded by Director Kerlin, and upon roll call the following vote was recorded: "AYE" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "NAY" None. There being seven "AYES" and no "NAYS", the Mayor declared the Ordinance passed. ORDINANCE N0, 1525 ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS ROVED MAY 28, 1962s AS AMENDED, TO REZONE CERTAIN R EAL ESTATE FROM I -1A LIGHT INDUSTRIAL DISTRICT TO MULTI -FAMILY RESIDENTIAL AND DOM.ITORY DT- STRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on December 13, 1966, on the petition of Helen Edmiston and Jere F. Block, requesting that said Planning Commission recomment to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following ddscribed property, presently zoned I -1A Light Industrial District, to P.-4 Multi -Family Residential and Dormitory District, to -wit: All of Lot 24, that part of Lot 25 East of Skull Creek and that part of Lot 23 West of the St. Louis San Francisco Railroad right-of-way, all Lots being in Evans Farm, a subdivision of this City of Fayetteville, Arkansas. and. REAS, notice of said public hearing, setting forth the date, time, place and purposes of said location. of property bras published in the Northwest Arkansas Times, a newspaper' of general c said City, more than 15 days prior to said public hearing, and REAS, the following said public hearing, said Planning Commission certified to the Board of Directors the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the ve-described property presently zoned I -1A Light Industrial District to R-4 Multi -Family Residential Dormitory District, THEREFORE, BE IT ORDAINED BY TFC•; BOARD OF DIF.ECTCRS OF THE CITY OF FAYETTEVILLE) ARKANSAS: ON 1. That the above-described property, presently zoned I -1A Light Industrial District, be and the is hereby rezoned to R-4 Multi lamiijt Residential and bormitory District.. TION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this inance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED THIS 19th day of December, 1966. APPROVED: _ ATTEST: DON TRUMBO, MAYOR �r� 'GEORGE X1 DAalSjr CITY CLERK No* 131-66 J. E. to relocate water line. The City Manager read.a-proposed resolution regarding the contract with'L. M. McGoodwirs Consulting Engin with reference'to the changing of the name of L. M. McCoodwin; Consulting Engineer to the corporate form of McGoodwin, Williams and Yates, Inc., Consulting Engineers. Director Melton moved that the resolution be adopted. The motion was seconded by Director McFerran and passed unanimously.. RESOLUTION NO. 31-66 a• WFEREAS,oRn September 27, 1965, the City of Fayetteville, Arkansas, entered into an engineering agreement with John E. Mahaffey and Associates, Inc., and L. M. McGoodwin, Consulting Engineer, as a joint venture to perform engineering services for sewerage improvements, and WHEREAS, on November 29, 1965,,the same parties entered into a second agreement to provide engineering services for a water supply using Beaver facilities and for water system inprovements, and 1 WHEREAS, on the basis of these agreements, engineering work has been performed and the services provided for in said contracts are being carried out•, and a WHEREAS, L. M. McGoodwin, Consulting Engineer, has changed the form of his organization form L. M. McGoo Consulting Engineer, to the corporate form of McCoodwin, Willaims and Yates, Inc., Consulting Engineers, with,,the Fayetteville address of 3322 North College, such change to be completed as of January 1, 19679 WHEREAS, the engineering organization of McGoodwin, Williams and Yates, Inc., Consulting Engineers, comprises the same personnel and organization as L. M. McGoodwin, Consulting Engineer, and WHEREAS, the agreements first referred to herein provide that said agreements are binding on the of the parties thereto with the written consent of the parties thereto; r NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The engineering agreements referred to above are hereby amended to include the firm of McGood Williams and Yates, Inc., Consulting Engineers;'inatead-of L•.'M;_,MoGoodwin;-'Consulting-Engineer. All the requirements of said agreembnts as are made of L. M. McGoodwin, Consulting Engineer, are hereby transfers to and become the responsibilities of the firm of McGoodwin, Williams and Yates, Inc., Consulting Enginee ..3 Section 2. The approval of this resolution and its acceptance by L. M. McGoodwin, Consulting Engineer, a the Sirm of McGoodwin, Williams and.Yates, Inc., Consulting Engineers, and the approval of said contractu transfer by the firm of John E. Mahaffey and Associates, Inc., as evidenced by the proper signatures of endorsement, constitute a -legal assignment, and any payment which may subsequently become due for work heretofore performed by the said L. M. McGoodwin, Consulting Engineer, shall be paid to the joint venture engineers of John E. Mahaffey and Associates, Inc., and the firm of McGoodwin, Williams and Yates, Inc., Consenting Engineers. , Section 3. That nothing herein contained shall be construed as in any way discharging or relieving said L. M. McGoodwin, Consulting Engineer, from any liability or accountability with respect to any damages,. claims or obligations, now existing or at any time hereafter occurring, by reason of, arising out of, or resulting from any work or services, acts or missions, performed under this contract prior to January 1967.. A PASSED AND A PPROVED December 19, 19, APPROVED: Mayor Y City Vanager APPROVED AND ACCEPTED John E. Mahaffey and Associates, Inc. Le M., McCoodwin, Consulting Engineer By: McGoodwin, Willaims and Yates, Inc., Consulting Engineers President By: Secretary -Treasurer President R Secretary -Treasurer Director Kerlih moved that Consulting Engineer J. E. M@Clelland be employed by the City to provide engineering services for the relocation of water and sewer utilities along the US -Highway x{71 Loop, By -Pass and that.the Mayor and City Clerk be and they are hereby authorized to execute the contract. The motion was seconded by Director Melton and passed unanimously. 7 Director McFerran moved to instruct the dity Manager to start a move, if it has not already been started to obtain sponsorship for the eitegional Airport ProjectL,$a/'9A67i0N. The motion was seconded by Director Melton and passed unanimously. There being no further business, Director Meltmn moved to adjourn. The motion was seconded by Director McFerran, and passed unanimously whereupon the Yayor declared the meeting adjourned. APFROVAL: ATTEST: EO�IS, CITY CLERK CLERK DON TRUMBO, MAYOR