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hereby repealed, and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
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