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HomeMy WebLinkAbout1968-03-18 Minutes1 Ord. 1589 App. Albei to act as Manager FM T. J. Keith! N.W.Times News also preset Report o1 Sn"rartz, c of Citie; L 2511 • 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned A-1 Annexed Territory ct, and 0-1 Open Land -District, be and the same hereby is rezoned to R-lA Single Family Residential ct, except for Tracts "A" and "B" which are herby rezoned to R-3 Multi -Family Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 4th day of March, 1968. APPROVED: TTEST: GEOP61E J6ADAVIS, CITY CLERK DONTRFMBo. MyoR IThe City Manager recommended that the City Controller Albert J. Jones be appointed to act as City Man Jones „ during the absence of the City Manager from March 17 to March 23, 1968. ty - 4liJirector Melton moved to that the City Controller Albert J. Jones be appointed and authorizedto act as City Manager during the absence of the City Manager March 17 to March 23,1968. ,The motion was seconded by Director McFerran and passed unanimously . Meeting. M Director i Growth e being no further business, Director Christie moved to adjourn. Motion was seconded by Director Dunn and passed unaminously whereupon the Mayor declared the meeting APPROVED: DON TRUMBO, MAYOR The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, March 18, 1968; in the Directors' Room in the City Administration Building at 7:30 P. M. CST. Present:City Controller and Acting City Manager Albert J. Jones, City Clerk George J. Davis, City Attorne Hugh Kincaid, and Directors: Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. Absent: City Manager Gerald G. Fox. The minutes of the regular meeting on Monday, March 4, 1968, a copy of which had previously been mailed to each of the Directors, were approved as written. Director Swartz gave a Report On Growth Cities Seminar which was spread on the minutes and reads as follows: REPORT ON GROWTH CITIES SEMINAR Tulsa, Oklahoma - March 3 and 4, 1968 In the present overwhelming trend toward urbanization, some of the great needs of cities are greater involvement of citizens in government and increased concern in the needs of people. City governments must learn to be more efficient in their use of revenues. Sources of revenues for cities need to be re-examined and increased. Sources of revenues were explored and these suggestions were made: A city income tax was suggested as a desirable and valuable source for additional income. Only eight states permit its use at the present. It is usually one percent of, monies earned (with very. few.ekemptions or deductions). It is levied against in- come earned within the city and therefore reaches people who use the facilities and benefit from the advantages of the city. It ,yields about 1/2 to 1/3 of the amount produced by the property tax. It is used by 141 cities in Ohio and Pennsylania, where it is most widely used. A city sales tax is permitted in 18 states.. It is usually collected with the state sales tax and "refunded co the city. There is not as much dissatisfaction with a sales tax as with other taxes. It is relatively simple to collect. People pay a little at a time, they are accustomed to pay on the installment method and do not resent it as much as other forms of taxation. Property taxes yield about 57% of tax monies. It was suggested that the assessments of land be increased and assessments on buildings be decreased. Buildings depreciate rapidly in value, land values are more stable and are easier to assess equitably. This would tend to discourage urban sprawl which has become a problem in U. S. cities.` It would help alleviate some other city problems. There is constant need however for equalization of assessments. It was brought out that private capital should accept more responsibility in government and should be more concerned about the needs of people. Many crises have arisen in our cities because of the indifference of business toward the needs of people. There is a definite trend toward urbanization caused by the growth of.business%:-'Business and capital therefore need to accept their share of responsibility toward alleviating or solving some of these problems of the cities which are of their creation. .W.e can no longer be indifferent toward the government of cities and the cultural development of their citizens. If GRON'TH CITIES continue to grow, they must face some of these problems realistically. Sylvia Swartz Director Melton requested that appreciation of the Board of Directors to Mrs. Swartz for her efforts in preparing the above report be expressed in the minutes of this meeting. f252 Authorized Director Melton moved that the City Manager be authorized to implement his proposal concerning preparstioq City Manager of a campus zoning plan with all due deliberate speed cooperating with the University of Arkansas administr to discuss€ Hamilton -Butt Planning Associates and our planning consultant, zoning plan The motion was seconded by Director McFerran and passed unanimously. with I UofA. Director Kerlin moved that the 1967 Audit Report for all Departments except the Mater & Sewer Department, Accept Audit as prepared by Myers, Scarbrough, & Baker be accepted and filed. Report 1967. The motion was seconded by Director Swartz and passed unanimousld. The City Attorney presented Administrative Memo No. 97 which was spread on the minutes and reads as follows: Authorized Lease with A. Industrial Display Case Lease with Chamber of Commerce Cof C. I have been discussing with the Chamber of Commerce the possiF.ility of entering into a lease with them for placing an industrial display case at Drake Field Terminal. Such a lease has been prepared and approved by the Chamber Board. Terms would provide that the Chamber would construct and install an indus r display (12 feet x 3 feet x 2 feet) case to be placed between two rows of chairs on a stand four feet offl the floor. It would allow the Chamber to lease space in the cases, collect such money and use the money fo (1) Initial cost of display case; (2) Maintenance of display case; (3) General maintenance of terminal building; (4) Interior and exterior physical improvements to terminal; (5) Promotion of air service. An annual accounting of sums collected and expended would be provided to the city by accounting of sums collected and expended would be provided to the city by March 31 -of each ,year, `As the Chamber would do all the work of promoting and leasing individual spaces with all net income 'going toward terminal:'improvements, I would recommend your approval of this Lease Agreement. Director Christie moved to accept the recommendation of the City Manager and that the Mayor and City Clerk he and they are hereby authorized to execute the contract. The motion was seconded by Director Kerlin and passed unanimously. Resdluti No. 17-68 Appointments Civil Service In Administrative Memo No. 97, the City Manager made a recommedation as follows: B. Utility Easement to Ozark Rural Electric Cooperative Ozark Rural Electric Cooperative will be serving the new Sewer Treatment Plant. They need easements across the west edge of our plant property in order to bring in the proper size lines and provide interco They have, offered $1,325 for this utility easement. I would recomsend authorizing the Mayor and City Clerk to execute such. The City Attorney then read a proposed resolution authorizing a right of way grant to the Ozarks Electric Cooperative Corporation. Director Melton moved that the Resolution be adopted. The motion was seconded by Director Dunn 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 Resolution adopted. RESOLUTION NO, 7-68 WHEREAS, there has been duly presented to the Board of Directors of the Citv of Fayetteville, Arkansas, a right of way grant for a transmission line on, over and upon lands of the City of Fayetteville,` Arkansas, to be executed by the City of Fayetteville, Arkansas in favor of Ozarks Electric Cooperative Corporation; and WHEREAS a copy of said right of way grant is attached to this Resolution and incorporated fully herein by this reference, and WHEREAS, after due consideration of said right of way grant and the sum to be paid the City of Fayettevillectherefore, the Board of Directors desires to authorize the execution of same. That the Mayor and City Clerk are hereby authorized and directed to execute the aforesaid right of way grant in behalf of the City of Fayetteville, Arkansas and deliver same to the Grantee, Ozarks Elect. Cooperative Corporation. PASSED AND APPROVED this 18th day of March, 1968. ATTES APPROVED: r l• DON TRUMBO, MAYOR GEORGE V DAVIS, CITY CLERK The City Attorney presented Administrative Memo No. 98 which reads as follows: APPOINTMENTS TO CIVIL SERVICE COMMISSION The term of Pat Watkins expires on April 1, 1968. I would recommend his reappointment for a term to exp on April 1, 1974. Neal Harmon has a term which expires on April 1, 1972. Mr. Harmon is ouite ill at th time and has requested that he be replaced on the CommisuBion I would recommend the appointment of Willi G. Underwood to fill an unexpired term until April 1, 1972. Mr. Underwood is the owner of the Underwood Building and Underwood Jewelry. Director Melton moved to accept the recommendationoof the City Manager and reappoint Pat Watkins th the Ci.vil Service Commission for a term extending April 1, 1968 to April 1, 1974 and to appoint William G. Underwood vice Neal Harmon (resigned ) his term to expire April 1, 1972. The motion was seconded by Director Swartz and passed unanimously. No. 1590 The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING THE HOUSING CODE OF THE CITY OF FAYETTEVILLE, ARKANSAS, FAYETTEVILLE CODE OF ORDINANCES, SECTIONS 12-12 12-9 AND 12-10.11 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 the declared the Ordinance passed. ORDINANCE N0. 1590 AN ORDINANCE AMENDING THE HOUSING CODE OF THE CITY OF FAYETTEVILLE, ARKANSAS, FAYETTEVILLE CODE OF SECTIONS 12-1, 12-9 AND 12-10. WHEREAS, in keeping with the policy of the Board of Directors of the City of Fayetteville, Arkansas to update and improve the ordinances of the City of Fayetteville, Arkansas , the Board of Directors has determined that certain amendments should he made to the Housing Code of the City of Fayetteville, Arkansas. , 253 ORDINANCE NO. 1590 Cont. Ord. No 1590 cont. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: ' SECTION 1. That Section 12-1 of the Fayetteville Code of Ordinances be amended by adding the following definitions in their respective alphabetical sequence: ' Boarding House shall mean any dwelling unit where meals and lodging are provided for compensation, or where meals may be available on a commercial basis, for five (15) or more persons pursuant to pre- vious arragements but where meals and lodging are not abailable to the transient public: Lodging House shall mean any dwelling unit where lodging is provided for compensation for five (5) or more persons, pursuant to p^e•vious aaangenents, but which is not available to transients and with I hich mo table board is furnished. fSECTION 2. That Section 12-1 of the Fayetteville Code of Ordinances be further amended by deleting the word "three" in the third line of the definition of Rooming House and inserting instead the word "five I nd further amend6d by changing the last paragraph of Section 12-1,.entitled "meaning of certain words", to read as follows: Meaning of certain words. Whenever the words "dwelling," "dwelling unit", "rooming house", "rooming unit","boarding house", "lodging house", "premises", are used in this chapter, they shall be construed as thoush they were followed by the words "or any part thereof". SECTION 3. That Section 12-9 of the Fayetteville Code of Ordinances be amended by adding paragraph (8) thereto, which shall read as follows: (8) It shall be unlawful for the wwner of occupant of a residential building, structure or property to utilize the premises of such residential property'for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as well as - but not limited to, weeds, dead trees, trash, rubbish, garbage, etc. upon notice from the Housing Officer. Note: (F6r the purpose of this section, an abandoned item listed above is defined as on that is in such a bad state of disrepati, or salvage, or of such deteriorated material conditon that it is in- capable of being repaired to perform its original intended function). SECTION 4. That Section 12-10 of the Fayetteville Code of Ordinances be amended by adding the follortidg sentence to the first paragraph of said section: For the purpose of this section, a rooming house, a.lioax. g hm sqj and lodging house shall be known as rooming house. Apartments are excluded when their occupancy use is for family use within the definition of'a family as contained in the City Zoning'Ordinance. SECTPON 5. That Section 12-10 (1) of the Fayetteville Code of Ordinances bm amended by deleting the labt sentence and substituting the following: Every romming house permit shall expire on 30 September of each year unless sooner suspended or revoked as hereinafter provide. The permit fee shall be $10.00 per ,year. A code compliance - inspection will be made prior to issuance of each permit. This required code compliance inspection can be made, upon request, during the period 1 June to 30 Seoptember prior to the next permit year. SECTION 6. That Section 12-10 (10) of the Fayetteville Code of Ordinances ba amended by deleting the same in its entirety. SECTION 7. That this ordinance be in full force and effect from and after its passage, approval, and publication.: PASSED AND APPROVED this 18th day of March, 1968. APPROVED: ATTEST: �I � DWTRUMBO3 MAYOR GEORGE IS, CITY CLERK I Ord. No. 1591 The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in it Rs entirety entitled, "AN ORDINANCE AMENDING SECTION 14-2 OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR THE ELECTION OF THE MUNICIPAL JUDGE AT THE BIENNIAL, GENERAL ELECTION HELD IN EVEN NUMBERED YEARS, TO BE ELECTED FOR A TERM OF FOUR YEARS: AND TO PROVIDE FOR THE PROCEDURE TO BE FOLLOWED IN CONDUCTIONG SAID ELECTIONS AND THE METHOD FOR CANDIDATES SEEKING SUCH OFF110E TO QUALIFY FOR SUCH ELECTION. Director Christie moved that'the Ordinance passl-�: The motion was seconded by Director McFgrran, upon roll the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Chrisite, Trumbo, and Dunn. "Nay" None. There being seden "Ayes" and No "Nava" the Mayor declared the Ordinance passed. Director Christie then moved that the emergency clause be adopted. The motion was seconded by Director McFerranupon roll the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Chrisite, Trumbo, and Dunn. "Nay" None. There being seven "Ayes" and No "Nays" the Mayor declared the 'emergendv_clayse;)adopted. ORDINANCE N0. 1591 ' AN ORDINANCE AMENDING SECTION 14-2 OF THE FAYETTEVILLE CODE OF ORDINANCE TO PROVIDE FOR THE ELECTION OF THE MUNICIPAL JUDGE AT THE BIENNIAL GENERAL ELECTION HELD IN EVEN NUMBERED YEARS, TO BE ELECTED FOR A TERM OF FOUR YEARS: AND TO PROVIDE FOR THE PROCEDURE TO BE FOLLOWED IN CONDUCTING SEAID ELECTIONS AND THE METHOD FOR CANDIDATES SEEKING SUCH OFFICE TO QUALIFY FOR SUCH ELECTION. WHEREAS, Act 39, 1961 Acts of Arkansas, as amended by Act 38 of the 1968 1st Special Session of General Assembly of Arkansas, provides that a city having a City Manager form of government may enact an ordinance to provide for the election of the Municipal Judge at the biennial General Election held in even numbered years, to be elected foraa term of four ,years, with the election to be conducted in the( manner provided by law for the election of the Board of Directors, upon petition as is provided by law for the nomination of candidates for the Board of Directors. P - 254 ORDINANCE NO. 1591 Cont. No. 1591 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: . SECTION 1, That Section 14-2 of the Fayetteville Code of Ordinances is hereby amended to read as follows: Sec. 14-2. Judge - Election and term of office. Every four 7.rears, at the biennial General Election held in even numbered ,years, there shall be elected a Municipal Judge whose term of office shall be four (4) years and until his successor is elected and qualified as such. The applicable provisions of Section 4 and 5 of Act 8 of the General Assembly of 1957 shall he followed in qualifying for and conducting said election for Municipal Judge. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. That this ordinance being necessary to clarify the procedures efor election of the Municipal Judge, an emergency is declared to exist and this ordinance ceing necessary for the preservati of the public peace, health'and safety, the same shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 18th day of March, 1968. APPROVED: Q ATTEST: ^ �( ZLIn /%LZ�L z4t,:� — DON TRUMBO, MAYOR GEORGE W, WVIS3 CITY CLERK left on The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in it Ls entiret and reading for the first time entitled. "AN ORDINANCE REGULATING CONDUCT IN PUBLIC PARKS IN THE CITY OF FAYETTEVILI ARKANSAS. Director Swartz moved that the rule be suspended and that the Ordinance be placed on the second reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the second time. No further action was'taken at this time and the Ordinance was left on the second reading. There being no further business, Director Christie moved to adjouPned. The motion was seconded by Director McFerran and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: APPROVED: nom^ � �f DON T UMBO, 'MAYOR GEORGE0, RWIS3 CITY CLERK Special Meeting The Board of Directors of'the City of Fayetteville, Arkansas, met in special session on Monday, March 25, 1968, in the Directors Room in the City Administration Building at 7:30 P: M. Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors: Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. T.J.Keith Absent: Mayor Don Trumbo, News Rep. N.W.imes In the absence of Mayor Don Trumbo, Director Sylvia Swartz acted as Mayor. also present. Acting Mayor Sylvia Swartz reported that the purpose of the meeting was to discuss possible ways and mean Purpose of by which the City could take advantage of the provisions available through the Economic Development melting. Administration and that all of the Directors had been notified by U. S. Mail and by telephone but Mayor Don Trumbo had called by telephone and stated he would be unable to attend but had waived notice of the special meeting, r ofI WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE CITY BOARD OF DIRECTORS ce ssion Comes now the undersigned, being a duly elected, qualified, and acting member of the Board of Dir of the City of Fayetteville, Arkansas, and specifically waives notice of a special meeting of the Fayetteville Board of Directors to be held in the Directors Room of the City Administration Building, Fayetteville, Arkansas, at 7:30 P.M. on Aarch 25, 1968. Dated this 25th day of March, 1968. Messrs Charles Scharlau, Wesley Gordon, and other members of the Chamber of Commerce met with the Board of Directors and held a long discussion of the necessity of an Industrial Park, the amount of Federal Money available through the Economic Development Administration, and ways and means to obtain the necess funds in order to participate, as well as, the necessity for immediate action by the City but no further action was taken at this time. There being no further business, Director Kerlin moved to adjourn. The motion was seconded by Director Melton and passed unanimously, whereupon the Acting Mayor declared the meeting adjourned. i `''ce ✓ SYLVIA SWARTZ/TING ISXOR CITY CLERK 7 I� J 7