HomeMy WebLinkAbout1968-09-03 MinutesClerk'S
Report on The City Clerk reported that 6,073 votes were cast in the Govenors'race at the general election of 1966
P.revious::. in the City of Fayetteville, Arkansas and that 3,145 votes were cast in the City of Fayetteville,
:Elections. Arkansas for Board of Directors at the special election in 1966.
The City Clerk read his certificate on the number of signatures on the referendum petition, said
certificate being spread on the i&lhutes as follows:
ficate of CERTIFICATE
Clerk on I, George J. Davis, City Clerk df the City of Fayetteville, Arkansas hereby certify that the petition
endum for referendum on Ordinance No. 1603 of May 20, 1968, filed in my office, contains on its face 455
ion signatures; that based on the number of signatures of legal voters required by Arkansas law on such
a petition in order to call a referendum on such an ordinance (as indicated by the advisory opinion
of the Attorney General, dated August 2, 1968, i.e.,)15%of the total number of votes cast in the
Govenor's race in Fayetteville in the 1966 General Election, or 15% of the total number of votes cast
for the Board member receiving the most votes in the special election of'the iKltiAL Board of Directors
in 1966) that said petition on its face contains an insufficient number of signatures to constitute
a sufficient petition for referendum.
Further, I certify that I have examined said signatures and of the 455 signatures appearing on said
petition only 399 of said signatures can be certified as valid legal signatures for such a petition.
r
ublic hearing Director McFerran moved that a public hearing on the referendum petition bn brodinance Pio. 1603 be
on held in the Director's room in the City Administration Building at the regular meeting of the Board
eflrendum of Directors on Monday, September 16, 1968 andothat the .City Clerk be and he is hereby authorized
Petition and directed to cause a notice of the public hearing to be published in the Northwest Arkansas Times,
a daily newspaper printed in Washington County Arkansas, and having a general circulation in the city
of Fayetteville Arkansas, one time, not less than five days prior to the time set forpthe public
hearing.
The motion was seconded by Director Kerlin and passed unanimously.
Release DEED Director Kerlin moved that the Mayor and City Clerk be and they are hereby authorized to execute a
art of RELEASE DEED for the following described property, to -wit:
'omleyn Lot 4 Tomleyn Valley Addition to the City of Fayetteville, Arkansas.
Vallev Add'n. The motion was seconded by Director Melton and passed unanimously.
Release Deed Director Melton moved that the City Clerk be and he is hereby authorized to execute a RELEASE DEED
part of for the following described property, to -with:
Rolling Hills Lot I, Block I in Rolling Hills Addition to the City of Fayetteville, Arkansas, as per Dlat of said
Addition. Addition on file in the office of the Circuit Clerk and Ex -Officio of Washington County, Arkansas.
The motion was seconded by Director McFerran and passed unanimously.
Chalging date
of next regu- Director Kerlin moved that, since the date for the next regular meeting comes on Labor Dag, the next
larlmeeting regular meeting be held on Tuesday, September 3, 1968.
to Sept. 3, The motion was seconded by Director McFerran and passed unanimously.
1968
There being no further business, Director McFerran moved to adjourn.
The motion was seconded by Director Kerlin, and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED:
ATTEST: - DON TRUMBO, MAYOR
GEORGE J AV ., CITY.CLERK
T.JIKeith.
N.W!Times
News Rep,
also present
Not 1620
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, Sept
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,.Assistant City Attorney David Horne,
and Directors: Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
Absent: City Attorney Hugh Kincaid.
Absent at roll call but later entering: Director James T. Kerlin.
The minutes of the regular meeting on Monday, August 19, 1968, a cony of which had previously been mailed
to each of the Directors, were approved as written. .
The City ,Manager read a proposed.ordinance,.which had been left on the first reading at the last regular
meeting of the Board of Directors, for the second time entitled, "AN ORDINANCE AMENDING SECTION 13-7 OF
THE FAYETTEVILLE,CODE OF ORDINANCES TO PERMIT FIRING OF RIFLES AND PISTOLS WITHIN THE CQTY LIMITS BY ORGA
RIFLE OR PISTOL CLUBS WHERE RANGE APPROVED BY POLICE CHIEF, CERTIFIED INSTRUCTOR IS PRESENT AND SUCH ACTI
IS OTHERWISE IN CONFORMANCE WITH,ZONING LAWS AND DOES NOT CONSTITUTE A DISTURBANCE OF THE PEACE; AND TO
REQUIRE MAINTENANCE OF PUBLIC LIABILITY INSURANCE, AND RELATED MATTERS".
Director Christie moved that the rule be suspended and that the Ordinance be placed on the third and fine
reading.
The motion was seconded by Director McFerran and passed unanimously.
The Ordinance was then read for the third and last time.
The Mayor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked the
question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, Trumbo, and Dun
"Nay" None.
There being Six "Ayes" and No "Nays", the Mawr declared the Ordinance passed.
(See next page).
1
3,1968, I
M
ORDINANCE N0, 1620
Ordinance No. 1620
AN ORDINANCE AMENDING SECTION 13-7 OF THE FAYETTEVILLE CODE OF ORDINANCES TO PERMIT FIRING OF RIFLES AND
PISTOLS WITHIN THE CITY LIMITS BY ORGANIZED RIFLE OR PISTOL CLUBS 'WHERE RANGE'APPROVED BY POLICE CHIEF,
CERTIFIED INSTRUCTOR IS PRESENT AND SUCH ACTIVITY IS OTHERWISE IDI COITORMANCE WITH ZONING LAWS AND DOES
NOT CONSTITUTE A DISTURBANCE OF THE PEACE; AND TO REQUIRE DIAINTENANCE OF PUBLIC LIABILITY INSURANCE,
AND RELATED MATTERS.
WHEREAS, Section 13-7 of the Fayetteville Code of Ordinances presently prohibits the discharge
of rifles and pistols in the City Limits except by a law enforcement officer in the discharge of his off
cial duties, and no exception is made for organized rifle or pistol clubs.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section 13-7 of the Fayetteville Code of Ordinances shall be amended by adding a
new paragraph thereto which shall read as follows:
That this Section shall not apply to the firing of rifles and pistols by members of organized
rifle or pistol clubs or associations provided the following conditions are met:
(a) All firing of rifles and pistols shall be on an indoor range, which facility shall first
be approved in writing by the Chief of Police;
(b) One or more certified instructors, as may be reasonably necessary for safe operation of
such range, shall be present at all times during operation of the range and firing of rifles or
pistols. Instructors shall be currently certified either by a branch of the Armed Forces of the
United States or by a recognized, accrediting, national rifle or pistol association.
(c) The organized rifle or pistol club or association shall keep and maintain at all times in
full force and effect, a policy of public liability insurance issued by an insurance company
authorized to do business in the State of Arkansas, insuring against bodily injury, death and
' property damage in minimum limits of $20,000 per person, and 850,000 per accident for death and
bodily injury, and $100000 for property damage. Current certificates of insurance evidencing
such coverage shall be provided to the Chief of Police.
(d) The location and operation of such rifle or pistol ranges shall at all times be consistent
with the zoning ordinances of the City of Fayetteville, Arkansas, and'shall be conducted in such
a manner as not to constitute a disturbance of the public peace.
SECTION 2. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED this 3rd day of September, 1968,
ATTEST: APPROVED:
a / �
GEORGE J. AVIS, CITY CLERK CON TRUMBO, MAYOR
The City Manager presented the petition of Richard Walden and Betty Walden, husband and wife, requesting
the rezoning of Lot 21 in Glendale Addition to the City of Fayetteville, Arkansas, from R-lA Single Fami
Ordinance No. 1621 Residential District to R-3 Multi -Family Residential District, which had been approved by the Planning
Commission.
The City Manager introduced and, at the request of the Mayor, read a proposed ordinance in its entirety.
for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISEb ZONING DISTRI
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 289 1962) AS AMENDED TO REZONE CERTAIN REAL ESTATE FROM R-lA
SINGLE FAMILY RESIDENTIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT."
Director Melton moved that the rule be suspended and that the Ordinance be placed on the second reading.
The motion was seconded by Director Swartz and passed unanimously.
The Ordinance was then read for the second time.
Director Melton then moved that the rule 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 Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for
discussion.
There being no discussion the Mayor asked a question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, Trumbo, and Du
"Nay" None.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1621
N ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKA
PPROVED MAY 28, 1962, AS AMENDED TO REZONE CERTAIN REAL ESTATE FROM R -LA SINGLE FAMILY RESIDENTIAL DI
0 R-# MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
kansas, on August 20, 1968, on the petition of Richard 'Walden and Betty Walden, requesting said Plann
mmission recommend to the -Board of Directors of the City of Fayetteville, Arkansas, that the Board of
rectors enact an ordinance rezoning the following described property, presently zoned R -IA Single Fam
sidential District to R-3 Multi -Family Residential District, to -wit:
Lot 21 in Glendale Addition to the City of Fayetteville, Arkansas, as recorded in the office
of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
and,
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said
hearing and location of property was published in the Northwest Arkansas Times, a newspaper of general c
culation in said City, more than 15 days prior to said public hearing, and
WHEREAS, following said public hearing, said Planning Commission certified to the Board of Direc
of the City of Fayetteville, Arkansas, its recommendation that an ordinance he adopted rezoning the abov
described property which is presently zoned R-lA Single Family Residential District to R-3,iMulti-Family
Residential District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
310
diaance
No.
SECTION 1. That the
above-described property which is presently
zoned R-lA Single Family Residential
1621
the report, recommendations,
be, and the same hereby
rezoned to R-3 Multi -Family Residential District.
(Continued)
the City Planning Commission:
,
SECTION 2. That
all ordinances or parts of ordinances in conflict herewith are hereby repealed, t
this ordinance shall be
in full force and effect from and after its
passage, approval and publication.
PASSED AND APPROVED this 3rd day of September, 1968.
(}
APPROVED:
ATTEST: n
� . DON
TRUMBO, MAYOR
GEIRGEE JCI DAVRS,
CITY CLERK
Resolutio.
Nod 23-68
24-68
Director Kerlin entered at this time and was noted by the Clerk.
The City Attorney read a proposed resolution entitled, "A RESOLUTION? AUTHORIZING AND DIRECTING THE COND.
OF EASEMENTS IN CERTAIN LANP,S IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, INSTALLATION AND
NANCE OF A 12 INCH, SANITARY SE74M LINE, WPC -ARK 2162 AND APPURTENANCES THERETO",
Director Dunn moved that the Resolution be adopted.
The motion was seconded by Director Swartz and upon roll call the following vote was recorded, "Aye" Ke
Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None.
There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
RESOLUTION NO. 23-68
A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEYINATICN OF EASEMENTS IN CERTAIN' LANDS IN WASHINGTON COUNTY,
ARKANSAS, FOR USE IN CONSTRUCTION, INSTALLATION AND MAINTENIANCE OF A 12 INCH, SANITARY SEWER LINE, WPC- ARK
2169 AND APPURTENANCES THERETO.
TION
WHEREAS, the City of Fayetteville, Arkansas is in the process of constructing Sanitary Sewer Improvement
Project, WPC -ARK 216, necessitating rights of way and easements over certain lands in Washington County, Arkansas,
for construction, installation andmaintenance of a 12 inch sanitary sewer line, and appurtenances thereto; being
constructed under said project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That for the purpose of construction, installing and maintaining (and as more fully s
forth in the contract documents) a 12 inch sanitary sewer line and all appurtenances thereto, pursuant t
Sanitary Sewer Improvement Project WPC -ARK 216, thenecessary easements and rights of way in the lands of
Betty J. Dealt' be entered upon and taken by eminent domain and the City Attorney is hereby authorized an
directed to institute condemnation proceedings to acquire said easements and rights of way in the manner
required by law.
SECTION 2. That as the questions in controversy in such proceedings are likely to retard the or
of said construction, the Citv Attorney is further authorized and directed to petition the Court for pe
to provide an appropriate deposit with the registry of the Court for making compensation and payment of
in order that immediate possession of said easements and rights of way may be secured and construction
prior to assessment and payment of damages.
PASSED AND APPROVED this 3rd day of September, 1968.L ��✓W U
APPROVED:
ATTESTDONT TRUYBO, MAYOR .
GEORGE J67 DA S,• CITY CLERK
The City Attorney read a proposed resolution entitled, "RESOLUTION OF BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS APPROVING COMMUNITY RENEWAL PROGRAM N0. ARK -R-65 (CR)".
Director Melton moved that the Resolution be adopted.
The motion was seconded by Director McFerran 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. 24-68
RESOLUTION OF BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS APPROVING COMMUNITY RENEWAL
N0. ARK -R-65 (CR)
ss
sion
A
WHEREAS, pursuant to a certain Contract for a Community Renewal Program Grant', numbered ARK -R-65 (C'R)
and dated September, 1965, (hereinafter called the "Contract"), with the United States of America?, the
Board of Directors of the City of Fayetteville, Arkansas, undertook the preparation of a Community Renewal
Program, more particularly described in the Contract, for the City of Fayetteville, Arkansas; and
WHEREAS the Board of Directors of the City of Fayetteville, Arkansas, has duly completed its activ:
and duties under the Contract and there has been referred to the Board of Directors of the City of Fayette
Arkansas a copy of the Community Renewal Program, prepared thereunder and dated February, 1968; and
WHEREAS it is required under the terms and conditions of the Contract that the Governing Body must
consider and duly approve the Community Renewal Program and certifir that it conforms to the general plan
of the City of Fayetteville, Arkansas, before the final payment on the grant provided for in the Contract
will be made; and
WHEREAS a general plan is being prepared for the general development of the City of Fayetteville,
Arkansas; and
WHEREAS the Citv Planning Commission, which is the duly designated and acting official planning boc
for the City of Fayetteville, has submitted to the Governing Body its report and recommendations respect-
ing the Community Renewal Program and has certified that the Community Renewal Program conforms to the
general plan of the City of Fayetteville, Arkansas; and
WHEREAS the Governing
Body
has reviewed
and
considered at length the Community
Renewal Program and
the report, recommendations,
and
certification
of
the City Planning Commission:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYE'fTEVILLE, ARKANSAS;
41
1
1
Memo. No
W
311
That the Community Renewal Program conforms to the general plan of the City of Fayetteville, Ark-
ansas, and that the Community Renewal Program is hereby approved in all respects.
PASSED AND APPROVED this 3rd day of September, 1968.
' APPROVED:
WIN Ire
DON TRUME10, MAYOR
,
The City Manager presented Administrative Memo #119 which was spread on the Minutes and reads as follows:
August 26, 1968
APPLICATION FOR COMMUNITY GRANT
Administrative Memo #119
In July of 1968 The Economic Opportunity Agency of Washington County, Inc. adopted a resolution request-
ing the City Board to consider making application for a Neighborhood Facilities Grant, such a facility
to be used for a Community Center for meetings, classes, day care, recreational and social functions. Ir
early August the Housing Authority tentatively agreed to provide space for such a facility to be located
at the site of their forty unit low rent public housing project at Willow between Center and Rock. In
addition, the Housing Authority could provide about $10,000 toward the cost of such a facility as this
amount was in their budget for a small community center space at the project site.
We have discussed with EOA the possible uses for a Neighborhood Facility to determine size, design, etc.
Primary uses were determined to be (1) Day Care Center, (2) classes for education and -job training, (3)
recreation for adults and youth, (4) neighborhood meetings and (5) health projects. The architect for
the Housing Authority has prepared preliminary sketches and cost estimates to accomplish these and other
purposes for a Neighborhood Center. A 4,150 square feet structure of masonry construction is proposed tc
be bid and constructed along with the housing units at the corner of Willow and Center.
Total cost of the project including construction, fees and contingency is estimated at $74,000. With
$10,000 available from the Housing Authority, a grant application for $42,600 is proposed to be filed
' by the Housing Authority; (2/3 of $64,000). The City would then have to contribute $21,400 toward the
cost of the total $74,000 nroject. In addition, the City would enter into an agreement with the Housing
Authority to operate the Neighborhood Facility through its Parks and Recreation Department.
The Housing Authority has approved submission
of an
application for this facility. It is,
of
course,
contingent upon the City approving funds ($21,400)
and operations agreement. At no better
time than in
conjunction with the Housing Authority project will
we be able to•afford such a facility.
It
would ther(
fore be my recommendation that the Board authorize
a maximum of $21,400 for this project from
unappro-
priated surplus in the General Fund to he expended
in 1969 and further authorize the Mayor
to
enter into
an agreement to operate the Community Center.
Authorized City A large group of citizens appeared before the Board of Directors to discuss the Application For Communit'i
Manager to consult Grant and after a very long discussion, Director McFerran moved to authorize the City Manager to consult
with architedta, etc. with architects, Housing Authority, Director of Washington County Economic Opportunity Agency, and South(
Re Communitr Grant. Fayetteville Policy Advisory Board on alternate designs for a Neighborhood Multi -Purpose Facility to in-
clude a minimum of 3,200 square feet of space for a Day Care Center, preferably of convertible space, wit
the City's total contribution toward this project being not more than $21,400.00.
Further, that it be understood that the primary purposes of this structure be (1) Day Care Center,
(2) Elasses for Education and yob Training, (3) Recreation for Adults and Youth, (4) Neighborhood Meeting
and (5) Health Projects.
The Motion was seconded by Director Kerlin and passed unanimously.
The City Manager read a proposed resolution in its entirety entitled, "A RESOLUTION AUTHORIZING CITY
Resolution No. MANAGER TO EXECUTE PIPE LINE CONTRACTS WITH ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY AND BINDING CITY TO
25-68 TERMS OF CONTRACTS"
Director Kerlin moved that the Resolution be adopted.
The motion was seconded bk Director McFerran.and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Pray"•None.
There being Seven "Ayes" and No "Nays", the Mayor declared the Resolution adopted.
RESOLUTION N0, 25-68
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE PIPE LINE CONTRACTS WITH ST, LOUIS -SAN FRANCISCO RAILWAY
COMPANY AND BINDING CITY TO TERMS OF CONTRACTS.
WHEREAS, the City of Fayetteville is desirous of constructing and maintaining sewer lines under
right of way and tracks of the St. Louis -San Francisco at Mile Pole 352 Plus 8 1/2 poles and Mile Pole
356 plus 15'poles (Standard Register Spur Track); and •
WHEREAS, Pipe Line Contracts of the railroad have been prepared to authorize such construction
and maintenance;
NOW, THEREFORE, BE IT RESOLVED BY THE Board of Directors of the City of Fayetteville, Arkansas,
THAT, the City Manager is•hereby authorized to execute a Pine Line Agreement with the St. Louis -
San Francisco Railway Company for the construction and maintenance of sewer lines under right of way at
Mile Pole 352 plus 8 1/2 poles and at Mile Pole 356 plus 15 poles (Standard Register Spur Track); and
THAT, the City binds itself to the terms of the Pipe Line Contracts (a copy of which is attached.)
PASSED AND APPROVED on this the 3rd day of September, 1968. 1�-�Xf
APPROVED:ATTEST- e DON TRUMBO, MAYOR
GEORGE Cl EkVIS, CITYcCLERK
There being no further business, Director Melton moved to adjourn. The motion was seconded by Director
Christie and passed unanimously, where upon the Mayor declared the meeting adjourned.
APPROVED:
ATTEST: + All
DON TRU , MAYO
GEORGE J DABS, CITY CLERK
st