HomeMy WebLinkAbout1968-07-15 Minutes28'71
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, July 15,
Regular Meeting. 1968, at 7:30'P. M. in the Directors Room in the City Administration Building.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and
T. J. Keith, News Directors: Kerlin, Swartz, McFerran, Christie, Trumbo, and Dunn.
Reporter for N.W. Absent: Director Garland Melton.
Times also
' Present.) The minutes of the regular meeting on Monday, July 1, 1968, a copy of which had previously been mailed to
each of the Directors, were approved as written.
Ordinance left on The City Manager read a proposed ordinance entitled, "AN ORDINANCE AMENDING SECTIONS 3-88 AND 3-90 OF THE
second reading. FAYETTEVILLE CODE OF ORDINANCES TO INCREASE THE ANNUAL LICENSE TAX FOR RETAILER SELLING LIGHT WINES AND
BEER, SPECIFYING INFORMATION TO BE PROVIDED IN SUCH PERSON'S APPLICATION FOR LICENSE" which had been left
on the first reading at the last regular meeting of the Directors on Monday, July 1, 1968, for the second
time.
Attorney Marshall Carlisle, representing the Retail Liquor and Beer Dealers of Fayetteville, and several
of the Retail Liquor and Beer Dealers appeared before the Board of Directors in opposition to the propose
ordinance and suggested a compromise ordinance on the License Rates.
After a very long discussion, Mayor Trumbo suggested that further action on this be postponed until the
the special meeting of the Directors on July ?%, 1968,
This met with the approval of the Director's and no further action was taken at this time, leaving the
ordinance on its second reading.
Ordinance no. 1613. The City Manager introduced and, at the request of the Mayor, read a proposed ordinance inits entirety
for the first time entitled,"AN ORDINANCE TO ACCEPT AND CONFIRM THE PLAT OF GLENDALE ADDITION TO THE CITY
DEEA�YET.TEVII'L^LE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE- DEDICATION OF THE STREETS, ALLEYS AND EASEMENTS
THERE INOW �U
Director Christie moved that the rule be suspended and that the Ordinance be placed on the second reading
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the second time. •
Director Christie then moved that the ule be further suspended and that the Ordinance be placed on the th
and final reading.
The motion was seconded by Director Swartz and passed unanimously.
' The Myaor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked th
question,"Shall the Ordinance pass?"
Upon roll call, the follwing vote was recorded: "Aye", Kerlin, Swartz, McFerran, Christie, Trumbo, and D
"Nay", None. There being six "Ayes" and no "Nave", the Mayor declared the Ordinance passed.
Aut4orized
Contract.
ORDINANCE NO. 1613
AN ORDINANCE TO ACCEPT AND CONFIEM THE PLAT OF GIE NDALE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS,
TO ACCEPT AND, OJNFIRM THE DEDICATION OF THE STREETS, ALLEYS AND EASEMENTS THEREIN.
WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Arkansas,
a plat known as Glendale Addition to the City of Favetteville, Arkansas, dated June 4, 1968, in which the or
owners have dedicated for the public use the streets, alleys and easements shown upon said plat; and
WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, has recommended the
of said plat.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the City of Fayetteville, Arkansas herebv accepts and confirms the plat of Glendale)
Addition to the City of Favetteville, Arkansas, accepts and confirms the dedication of all streets, alleys
and easements dedicated therein, hereby declare said streets, alleys and easements to be public streets,
alleys and easements and the Board of Directors hereby assumes the care, control and jurisdiction of same.
PASSED AND APPROVED this 15th day of July, 1968.
APPROVED:
K 06A
af• WfAin ast, s
,
vider's Director McFerran moved that the Mayor andthe City Clerk be,and they arehereby authorized to execute a
ISubdivider's Contract with Richard Waldenn and Betty L Walden on the following describedterritory:
A part of the NW k of the NW i of Section 12 T -16-N, R -30-W, being more particularly described as
follows: Beginning at a point which is S 896 26' E 80.00 feet from the SW corner of said 40 acre trz
and running thence along the East R/W of Cross-over Road N 90 09' E 1320.00 feet; thence S 890 25.43'
E 1240.71 feet; thence S 00 33.69' W11318.72 feet; thence N 890 37' W 313.08 feet; thence N 890 26'
W 918.16 feet to the point of beginning,
motion was seconded by Director Swartz andpassed unanimously.
Rules & Regulations
The City Manager presented the proposed RULES AND REGULATIONS GOVERNING WATER SERVICE TO LARGE TRACTS OF
Governing Water
WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE BY THE USE OF EXTRA LENGTH SERVICE LINES as
Serviceo
recommeded by the Water and Sewer Superintendent. •
Director Kerlin moved that the Rules and Regulations be approved as recommended by the Water and Sewer
Superintendent.
The motion was seconded by Director Christie and passed unanimously.
RULES AND REGULATIONS GOVERNING WATER SERVICE
TO LARGE TRACTS OF LAND WITHIN THE CORPORATE LIMITS
OF THE CITY OF FAYETTEVILLE BY THE USE OF EXTRA TMIGTH SERVICE LINES
Under the authorityof Ordinance No. 953 dated August gust 15, 1949,•the following rules ta-h�dregulations govern
governing water service to large tracts of land within the corporate limits by the use of extra length aervice
lines, shall become effective upon the approval of the Board of Directors of the City of Favetteville,
Arkansas,
1. Many large tracts -of land which are not subdivided, are in existence within the corporate limits of
the City of Fayetteville and have existing residences or small businesses constructed on them or can qualify
for a building permit. These tracts aregenerally in areas where the City Intends to install major mains in th
future and this tends to preclude the normal extension of 2 J inch and'6 inch mains which wourld be extended
to serve these areas. These residences or small businesses will require water service which could be provided
by extra length service lines prior to the full development of tract without damaging the orderly growth if
r'288
Authorized
City Manager
tol employ
Engineer on a
water system. In order to determine'who may be -eligible the following policies•shall.govern;
(a) The tract of land shall completely be within the.corporate,limits of ,the`City of Fayetteville.' .
(b) The minimum size of the trgct of land shall be two (2) acres.
(c) The minimum 4dbh6fftthe tract of land shall be 100 feet.' •
! k
(d) The tract of land shall parallel.a municipal water main for at least 20•feet. '
(e) The tract shall border for at least 20 feet an open,existing, dedicated all-weather road. ` '
rp
(f) Length of the service pipe from the main to the.meter.box.shall not be greater than-6.0.feet,� ex ept where n
road and highway right of ways'are'traversed, this distance shall not be greater than 150�feet%l t
(g) Meters shall be located four'to ten feet inside the owner's property on al'alr-weather road and'there'must
not be any gates which must be opened in order that the.meter readers! truck Tay'drive to the meter,
(h) The tract shall -be adjacent to a proposed future'major water main.,
2. In order'to insure the design and continued operation are satisfactory, the following policies shall govern:
(a) One service connection and one meter shall.be installed for each tract of land and it shall serve only one
residence or small business. No additional service connections will.be allowed to tracts subdivided from
the original tract.
(b) The service line fmm the meter shall be located entirely on the tract of landserved and shall not cross
(f) No booster pumps will be permitted.
3. Any person who willfully giver false information concerning his property in order to qualify for water service may
be denied water service to the property served ro to beserved and denied water service to parcels of land sold from the
original tract even though they may qualify.
4. These rules and regulations are intended to provide that service connections made shall be done undexlgood standathddl
practice,andto establish procedures and limitations that will insure this practice and to protect the:=health -3and.
welfare of the users of the City of Fayetteville Water System.
M
SicRarStarr, July 15, 1966
Water and Sewer -Superintendent
APPROVED BY
Board of Directors,
Fayetteville, Arkansas
July 15, 1966
The City
another property owneft land or public road.
presented
a recomnehdation for
the
improvement
of East Avenue and Block
Avenue from
Street to
(c)
The maximum
length of service line shall be
1320 feet:
which was
spread on the minutes and
reads as fo
fa
(d),
The service
line to the house shall be designed
to provideminimum residual pressure at the end
point.,
of 30 psi.
The design shall be approved by
the City fi6gineer prior to the start of construction.
n'
'
(e)
The type of
pipe material shall be approved
by the City Engineer.
(f) No booster pumps will be permitted.
3. Any person who willfully giver false information concerning his property in order to qualify for water service may
be denied water service to the property served ro to beserved and denied water service to parcels of land sold from the
original tract even though they may qualify.
4. These rules and regulations are intended to provide that service connections made shall be done undexlgood standathddl
practice,andto establish procedures and limitations that will insure this practice and to protect the:=health -3and.
welfare of the users of the City of Fayetteville Water System.
M
SicRarStarr, July 15, 1966
Water and Sewer -Superintendent
APPROVED BY
Board of Directors,
Fayetteville, Arkansas
July 15, 1966
The City
Manager
presented
a recomnehdation for
the
improvement
of East Avenue and Block
Avenue from
Street to
Dickson
Street in
Administrative Memo
#111
which was
spread on the minutes and
reads as fo
PETITION FOR STREET IMPROVEMENTS
I
In 4une the City received a petition from several property owners on East and Block Streets From Meadow to Dickson
requesting the city to cause studies to be made of the needs of street improvements to these two streets, I including
type of improvements, approximate cost, approximate amount which would be needed to be assessed against each parcel of
property within,the area to pay costs of improvements and other matters. The studies requested are for the widening
of both streets.
Under Act 251 of 1967, such studies are authorized to be made 1by the city and then a resolution adopted
the results of the studies. Within 60 days after the publication of this resolution, property owners wi
may petition to form an improvement district to carry out improvements. A public hearing is then held t
sufficiency of the petition. If proper, the improcement 4istrict may be created and assessments made on
basis. The Board of Directors would act as the Commissioners of the District.
Bonds may be issued for the improvements. Assements can be made in lump sum cash or extended over a
Other Certificates of indebtedness may also be used for improvements. The funds derived from their
be used for no Atherpurposes and when indebtedness is cleared, assments are removed.
I would recommend that we proceed under the terms of Act 251 of 1967 for this proposed project. An e n
employed on a contingent basis to do the necessary preliminary work./I would like your recommendation
to proceed in this manner.. 1
Director YrUbjfm�ah moved to accept the recommendation of the City Manager and that the City Manager be
to proceed under the terms of Act 251 of 1967 for this proposed project, and to employ John Mahaffey &
to do the necessary preliminary work on a contingent basis.
The motion was seconded -by Director McFerran and passed unanimously.
etting forth
in the area
determine the
benefit i
ofyearse
nts may
should
rized
ciates,
2x91
Authorized plans for Director McFerran moved that the City Manager.be authorized to employ Consulting Engineer, J.E. McClella
Sewer Service West of to prepares plan for Sanitary Sewer Service to an area primarilpelWest of the Intersection of Arkansas
U.S. #71 Loop) State Highway #16 and U.S. Highway #71 Loop(Bypass)consisting of 40 acres, for future extension and
service to this area.
"Change Order" He further moved to authorize a Change Ordeal' to Water & Sewer Relocation Contract with Tune Construction
'Tune Construction Company to place encasement pipe under proposed lanes of U.S. Highway #71 Loop at the Intersection of
Company Contract. Arkansas State Highway #16 to serve the above sysbem.
The motion was seconded by Director Kerlin and passed unanimously.
• Planning Consultaht, James Vizzier, presented and explained the proposed Final Draft of Comnunity Renewal
Program. A long discussion was held but no further action was taken at this time.
Letter from Regional The City Manager read a letter from the Northwest Arkansas Regional Airport Authority which was spread on
Airport Authority. the minutes and reads as follows:
NORTHWEST ARKANSAS_
REGIONAL AIRPORT AUTHORITY
July 5, 1968
Mayor Don Trumbo,Jr.
City of Fayetteville
Fayetteville, Arkansas
Dear Mayor Trumbo:
i In September of 1967 the then steering committee of the Northwest Arkansas Regional Authority requested
' your City to contribute funds toward defraying organizational expenses of the Steering Committee. Your
agency gladly responded to this call.
As you know, the Regional Airport Authorkty has now been officially created and is functioning with an
engineering firm employed on site studies. The Authority, though, still has no financing power. There
are still some minor expenses which the Authority has to meet periodically. We are therefore again
calling for small contributions from each participating agency to tide us over until a financing agreem
is reached.
Your agency's share is $300. Please address your check to:* Courtney Crouch, Treasurer, Northwest
Arkansas Regional Airport Authority, 100 Holcomb Street, Springdale, Arkansas. Thank You for'
.vour
attention to this matter.
Very truly yours,
Executive Committee
NORTHWEST ARKANSAS IREGIONAL AIRPORT AUTHORITY
Cass Hough
Chairman
Bill Mortonn
Vice Chairman
Courtney Crouch Gerald G Fox
Treasurer Secretary
cc Dr. John Kane
' Authorized payment Director Dunn moved to authorize the payment of $300.00 out of the Qeneral Fund (Account #6587) to the
of $300.00 to Regional Airport Authority to assist in meeting expenses until a financing agreembnt is reached.
Regional Airport The motion was seconded by Director McFerran rind passed unanimously.
Authority.
The City Manager presented a petition from the First United Presbyterian Church of Fayetteville, Arkans
Petition toIvacate requesting that a•portion of Knox Drive be vacated and abandoned'.
part of Knox'Drive. After a brief discussion, the City Manager read a proposed resolution in its entirety setting forth the
date, time and place for a public hearing on this petition.
Director MdFerran moved that the resolution bendopted.
The motion was seconded by Director Swartz and passed unanimously.
Resolution No. 22-68 RESOLUTION NO. 22-68
WHEREAS, it appears that the petition of the First United Prespy. erian Church of Fayetteville, Arkansas,
to close and vacate a portion of Knox Drive which runs west and then south from the intersection of
Knox and Birwin Street (west 98.3 feet and thence south 225 feet, with a width of 50 feet), was duly
filed with the City Clerk of the City of Fayetteville, Arkanwas on the 15th day of July, 1968; and
WHEREAS, it appears that this is the next regular meeting of the Board of Directors of the City of
Fayetteville, Arkansas, following the filing of the petition;
NOW, THEREFORE, BE IT RESOLVED:
I. That the 5th day of August, 1968, at 7&30 o'clock P.M., in the Board of Director's room of
' the City Administration Building be, and the same is hereby, fixed as the time and place for hearing on
said petition.
II•. That the City Clerk of the City of Fayetteville, Arkansas, be, and he hereby is, directed to
give notice of such hearing to all parties who may be interested by publication of the notice of hearing
once a week for two (2) consecutive weeks in the Northwest Arkansas Times, a newspaper having a general
circulation in Fayetteville, Arkansas.
PASSED AND APPROVED this 15th day of July, 1968.
ATTEST:
Q'MAYOR
1' VLERK ,
290
T.J:Keith
News Reporter
N.WlTimes
also Present;
The City Manager announced that a special meeting would be held on July 29, 1968 at 7:30 P.M., in the
meeting place.
There being no further business, Director Kerlin moved to adjourn.
The motion was seconded by Director Dunn and passed uhanimously, whereupon the Mawr declared the
APPROVED:
ATTEST:
GE0R J. dMVIS, CITY CLERK
,
adjourned,
The Board of Directors of the City of Fayetteville, Arkansas, met in special session on Monday, July 29, 19
in the Directors Room in the City Administration Building at 7:30 P.M. CDST.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors:
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
Absent: None.
The Mayor reported that the purpose of the meeting was to:
se of Hold a Public Hearing on Rate Incrgasevfor Taxicab Service and consideration of Ordinance Amendments
ng. Regulating Taxicabs,
Consideration of an ordinance Amending Sections of Code of Ordinances to increase Annual License Tax for
Beer Retailers and other purposes,
Consideration of an ordinance Annexing Certain Property to the City along Arkansas State Highway No. 16,
West,
and to discuss the 1968-69 Water and Sewer Funds Annual Operating Budget and Work Program,
He further reported that all of the Board Members had been notified directly at the last regular meeting
of the Directors on Monday, July 15, 1968, and by U. S. Mail. '
c
ng on A public hearing was held on the Rate Increase for Taxicab Service and consideration of Ordinance Amendments
ab Rates. Regulating Taxicabs but no definite action was taken at this time and action on a proposed ordinance was
postponed until the regular meeting of the Directors on August 19, 1968.
ance The City Manager read a proposed ordinance,which had been left on the second reading at the last regular
ted, meeting of the Directors on Monday, July 15, 1968, entitled, "AN ORDINANCE AMENDING SECTIONS 348 AND 3 -
been OF THE FAYETTEVILLE CODE OF ORDINANCES TO INCREASE THE ANNUAL LICENSE TAX FOR RETAILER SELLING LIGHT WIN
on 2nd AND BEER, SPECIFYING INFORMATION TO BE PROVIDED IN SUCH PERSON'S APPLICATION FOR LICENSE".
ng This being the third and last reading, the Mayor stated that the Ordinance was open for discussion.
15,1968) After a very long discussion, the Mayor asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, "Aye" Swartz. "Nay" Kerlin, McFerran, Melton, Christie,
Trumbo, and Dunn.
There being only One "Aye" against Six "Nays", the Mawr declared the Ordinance defeated for lack of a
majority vote.
The City Manager presented an Administrative Memo in which he outlined Four (4) plans for :i RETAIL BEER
Memoo AND TAXES.
# 114 The Memo was spread on the minutes and reads as follows:
ADMINISTRATIVE MEMO # 114
RETAIL BEER LICENSES AND TAXES
At the last City Board meeting, attorneys for the Retail Liquor and Beer operators made a compromise
suggestion for increases in Beer License Tax. I have been provided with some information on "gross sale
in order to analyze estimated revenue from cfM&a--compromise planand the original plan. Below you wil
find estimated revenue from (1) the original plan following state lwa maximums, (2) the compromise plan
as offered by the operators; (3) a compromise plan using state law minimums and $2 per $1,000 gross instead
of $5 per $1,000; (4) a compromise plan using state law minimums and $3 per $1,000 gross instead of $5
per $1,000.
. A tax of $15
for the first $1,000 in gross sales, $20 for gross
sales between $1,000 and
$2,000 and '
$5 per $1,000 over $2,000 in.gross sales annu311.y which is state law maximum.
60 $82000
( $50)
$ 300
(This proposal
was
4@ 12 000
�
( $70)
280
defeated
in proposed
2@18,000
( $100)
200
Ordinance
in voting
4@ 229000
( $220)
480
record
above)
3@ 372500
( $195)
585
7@ 50,000
( $260)
1,820
2@100,000
( $510)
12020
2@125,000
( $635)
12270
1@150,000
( $760)
760
1@175,000
( $865)
865
$7,580
I. A tax of $50
minimum for the first $25,000 in gross beer sales
and $2 per $1,000 og gross sales over
$25,000 which is
compromise offered by operators.
16@$25,000 or
less ( $50)
$ 800
3@$37,500
( $75)
225
7@$509000
($100)
700
2@$1009000
($200).
400
2@$125,000
($250)
500
1@$1509000
($300)
300
1@$1759000
($350)
350
,
3,275
I. A suggested
compromise using state law minimum of $15 for the
first $1,000 gross sales,
$20 for gross
sales between $1,000
and $2,000, and $2 per $1,000 gross sales over $2,C00 instead of $5 per $1,000.
6 @ $ 8,000
($ 32)
$ 192
4 @ $ 12,000
($ 40)
160
2 @ $ 182000
($ 52)
104
4 9 $ 229000
($ 6o)
240
3 @ $37000
($ 91)
273