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HomeMy WebLinkAbout1968-11-18 Minutes�9 Amendments tol 26. The Lessee agrees: Lease Agreement (a) to furnish good, prompt and efficient service adequate to meet all the demands for its service at the airport. (b) to furnish said service on a fair, equal and non -discriminating basis to all users thereof. (c) to charge fair, reasonable and non -discriminating prices for each unit of sale or service. Pro- vided that the Lessee may be allowed to make reasonable and non -discriminating discounts, rebates or other similar types of price reductions to volume purchases. 27. It is mutually agreed and understood that nothing contained herein shall be construed to grant or. authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. During time of war or national emergency, the Lessor shall have the right to lease the leased pre or any part thereof to the United States government for military or naval use, and, if any such 1 is executed, the provisions of this lease insofar as they.are inconsistent with the provisions of lease to the government, shall be suspended. Witness, the Lessor and Lessee have by their signatures approved these terms and conditions this 4th of November, 1968. TTEST: f] TTEST: CITY OF FAYETTEVILLE, ARKANSAS RAY ELLIS, INC. PRESIDENT here being no further business Director Melton moved to adjourn. he motion was seconded by Director Kerlin and passed unanimously, V, e meeting adjourned. e APPROVED: TS'SISTAXT MAYOR SYLVIA SWARTZ, AC .1G 2IAYOR r' „ whereupon the Acting Mayor declared Regular Meeting The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, November 18, 1968, in the Directors Room in the City Administration Building at 7:30 P. M. T. J. Keith, News Rep. Present: Acting City Manager Albert J. Jones, City Clerk George J. Davis, City Attorney Hugh Kincaid, I1. W. Times, also and Directors: James T. Kerlin, Sylvia Swartz, Garland Melton, Jr., and Don Trumbo. present Absent at roll call but later entering: Director Arnold Christie. Absent: City Manager Gerald G. Fox, and Directors: Joe McFerran and Dale Dunn. It was noted that Director Joe McFerran was in the hospital due to injuries received in a car accident and all present expressed their sympatinies and wishes for a speedy recovery. Assistant Mayor Sylvia Swartz presided at the meeting although Mayor Don Trumbo was present. The minutes of the regular meeting on Monday, November 4, 1968, a copy of which had previously been mailed to each of the Directors, were approved as written. Acting City Manager, Albert J. Jones, presented Aministrative Memo x#124, a nortion of which was spread on the minutes, and reads as follows: Appointed Dr. Chas. Commission Appointments Oxford NW Arkansas Dr. James Green has requested that he he relieved of his position on the Northwest Arkansas Regional Regional Pla ing Planning Commission. Dr. Green's term expires on December 31, 1970, and his position was originally Commission conceived as being held by a representative of the University. I could recommend that Dr. Charles Oxfor be appointed to fill the unexpired term of Dr. Green to expire on Dec=mber 31, 1968. Dr. Mullins concur in this appointment. Further, the Board should officially recognize. the work of Dr. Green on the Comm- ission and instruct the City Manager to indicate such to Dr. Green. Director Melton moved to accent the recommendation of the Cit. Manager and appoint Dr. Charles Oxford to the Northwest Arkansas Regional Planning Commission vice Dr. James Green, his term of office expiring� on December 31, 1968, and that the City Manager be instructed to write a letter of appreciation to Dr. G' The motion was seconded by Director Kerlin and passed unanimously. In Administrative Memo #124 the following recommendation was made: Part IV Date for public hearing Referendum Petition Ordinance 1625 Referendum Petition Petitions requesting a referendum on Ordinance 1625 were presented to the City Clerk on November 4. Che ing of signatures will be completed shortly. Ordinance 588 requires a hearing on sufficiency of petitio to lie published at least five days prior to the hearing date. It is recommended that the Board hold suc public hearing on December 2, 1968, irstrucing the City Clerk to publish a notice at least five days pri to the hearing date. Ordinance 1625 concerns rezoning of property at the corner of Cleveland and Hall S Director Kerlin moved to accept the recommendation of the City Manager and hold a public hearing on the Referendum Petition on Ordinance #1625, passed and approved October 14, 1968, on Monday, December 2, 1965 at a regular meeting of the Board of Directors at 7:30 n.m., and that the City Clerk, be and he is, hereb authorized and directed to cause a notice of said public hearing to be published in the Northwest Arkansa Times, a daily newspaper, published in Washington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas, not less than five days prior to the date set for the public hearing. The motion was seconded by Director Melton and passed unanimously. The City Attorney read a proposed resolution in its entirety entitled, ;,A REcOLUTION .4UTHORI7,ING AND Resolution No. 35-68 DIRECTING THE CONDEvINATION OF EASEMENTS IN CERTAIN LANDS IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, OPERATION AND HAINTENANCE OF AN 18 -INCH FORCED Sr,:'ER MAIN AND 12 -INCH GRAVITY SESo'ER MAIN, WPC -ARK 216, AND APPURTENANCES THERETO". 340 Director Melton moved that the Resolution be adopted. . Resoution The motion was seconded by Director Kerlin, and upon roll call the following vote was recorded: "Aye" No. 15-68 Kerlin, Swartz, Melton, and Trumbo. "Nay" none, There being four "Ayes" and no "Nays" the Acting Mayor declared the Resolution adopted. RESOLUTION No. 35-68 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMiNATION OF EASEMENTS IN CERTAIN LANDS IN WASHINGTON COUIT RKANSAS, FOR USE IN CONSTRUCTION, OPERATION AND MAINTENANCE OF AN 18 -INCH FORCED SEWER MAIN.AND 12 -INCH RAVITY SrMER MAIN, WPC -ARK 216, AND APPURTENANCES THERETO. WHEREAS, the City of Fayetteville, Arkansas, is in the process of constructing Phase III Sanitary ewer Improvement Project, WPC -ARK 216, necessitating right-of-ways and easements over certain lands in ashington County, Arkansas, for construction, operation and maintenance of an 18 -inch forced sewer main nd a 12 -inch gravity sewer main. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That for the purposes of constructing, operating and maintaining (and as more fully set forth in the Contract documents) as 18 -inch forced sewer main and a=:12 -inch gravity sewer main, together with all appurtenances thereto, pursuant to Sanitary Sewer Improvement Project WPC -ARK 216, Phase III, the necessary easements and right-of-ways in the lands of the owners designated in Exhibit "Al' to this Resolution be entered uuon and taken and the City Attorney is hereby authorized and directed to institute condemnation proceedings to acquire said easements and right-of-ways in a manner required by law. SECTION 2. That as the questions in controversy in such proceedings are likely to retard the progre of said construction, the City Attorney is further authorized and directed to petition.the Court for per- mission to provide appropriate deposits with the Registry of the Court for making compensation and paymen of damages, in order that immediate possession of said lands may be secured and construction proceed prio to assessment and payment of damages. PASSED AND APPROVED this 18th datr of November, 1968. 1 ATTEST: &.� V GEORGE D LE S, CITY CLERK RK APPROVED: � VCA� DON TRUMBO0 MAYOR entered 1. Director Christie entered at this time and was noted by the Clerk. meeting. following The Citv Attorney introduced and, after the request of the Acting Mayor,. read a proposed ordinance in its property, presently zoned R -1B Single Family Residential entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF and the FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE is hereby rezoned to FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL, DISTRICT". to -wit: Director Melton moved that the rule be suspended and that the Ordinance be placed on the second reading. Ordinance The motion was seconded by Director Kerlin and passed unanimously. No. 1632 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 thi and final reading. The motion was seconded by Director Kerlin and passed unanimously. The Ordinance was then read for the third and last time. The Acting Mayor then declared the Ordinance open for discussion:. There being no discussion, the Acting Malror asked a ouestion, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Kerlin, Swartz, Melton, Christie, and Trumbo. "Nay" none. There being five "Ayes" and no "Nays" the Acting Mayor declared the Ordinance passed. ORDINANCE NO, 1632 AN ORDINANCE AMENDING ZONING 'ORDINANCE N0, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETT"VILLE, ARKANSAS APPROVED MAY 28, 1962, AS AMENDED TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Ark- ansas, on November 12, 1968, on the petition of I. Boyd Ridgway, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned R -1B Single Family Resident ial District, to C-2 Thoroughfare Commercial District, to -wit: All -of Lots 1, 2, 3, and 4 of Block No. 1, in Oakland Hills Addition to the City of Fayetteville, Arkansas, all in Township 17 North, Range 30 West, of Washington County, Arkansas. and, WHEREAS, following said public hearing, said Planning Commission certified to the Board of Directors of the City of Fayetteville, its recommendation that the petition be denied as to the above-described Lot 4, and that an ordinance be adopted rezoning the remainder of the above-described property, presently zoned R -1B Single Familv Residential District, to C-2 Thoroughfare Commercial District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the following described property, presently zoned R -1B Single Family Residential District, be and the same is hereby rezoned to C-2 Thoroughfare Commercial District, to -wit: All of Lots 1, 2, and 3 of Block No. 1, in Oakland Hills Addition to the City of Fayetteville, Arkansas, all in Township 17 North, Range 30 'nest, of Washington County, Arkansas. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publicatil PASSED AND APPROVED this 18th day of November, 1968. e APPROVED: n lAn ATTEST: DON TRURO, MAYOR GEORGE J. VIS, ITY CLERK 1 3411 Increase City Salary. 1 er's Director Trumbo moved to increase the City Manager's salary $1,200 per ,year, beginning January 1, 1 thereby making his total salary $18,700 per year. The motion was.seconded by Director Melton and passed unanimously. There being no further business, Director Melton moved to adjourn. The motion was seconded by Director Kerlin and passed unanimously, the meeting adjourned. APPROVED: ASF,T.,T P MAYOR S .VIA SWARTZtp CTING MAYOR ATTEST GEORGE 0, WVIS, CITY CLERK whereupon the Acting Mayor declared Regular Meeting. ___.- — — ` The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, T.J.Keith, N I pep. ✓ December 2, 1968, in the Directors Room in the City Administration Building at 7:30 P. M. N.W.Timea, also Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and present. Kerlin, McFerran, Trumbo, and Dunn. Absent: Directors Sylvia Swartz, Garland Melton,Jr., and Arnold Christie.. WHEREAS, the community needs a factual basis for reducing future flood damages and hazards through carefully considered and well-planned local regulations and use of the flood plan, including both guid- ing prospective land use and preserving adequate floodway and channel rights -of -wap and channel clearance. to provide publicly available information for the guidance of private citizens and interests on the use o. flood plans; and to minimize future public expenditures and for alleviation of flood problems which would follow improper flood plain development, therefore increasing the amount of land available for use, and ' WHEREAS, the City of Fayetteville is an area of hazard by inundation and erosion from the West Fork of the White River, Clear Creek, Mud Creek, Skull Creek, Sublet Creek, and Hamstring Creek, and due to th (continued growth pressures of land needs for residential, commercial, industrial and recreational uses, which necessitates flood damage prevention measures and plans and regulations for the use thereof; NOW, THEREFORE BE IT RESOLVED by the City Board of Directors of the City of Fayetteville, Arkansas, that this body respectfully request the U. S. Corps of Engineers to undertake a study of the prescribed area, pursuant to Section 206, Public Law 86-645 and to investigate the intensity of flood and permanentl: established flood elevations along said water courses, and THAT, the City of Fayetteville, Arkansas, further agrees to furnish available maps for the flood plaj ., agrees to publicize the flood plain information report, agrees to provide flood plain information e City Planning and Regional Planning Commissions for guidance in their deliberations and to provide nable care to preserve survey markers, measurements, etc. PASSED AND APPROVED this 2nd day of December, 1968. APPROVED: I AM& T: DON TRU.BO, MAYOR GEORGE J2 AVIS, CITY CLERK The City Manager presented Administrative.Memo #125 which in part reads as follows: ' Right of Way for American Legion Road The Shelton -Tucker Post of American Legion has recently purchased about 10 acres of land north of Highwav 16 Bypass and north and west of city owned property. They have temporary access to property from Huntsvil Road which is north and 16 Bypass from the east. They have requested a right of way across our property, 150 feet in width and 597 feet in length. This would run across our west property line, would be temporary !for road purposes only, with the City controlling the type of construction. The American Legion proposes to construct baseball diamond(s) and a Legion Hut on the property. Such right of way across our property would provide them with more adequate access. An agreement to this effect has been prepared, and I would recommend its approval. rector McFerran moved to approve the right -of -wap easement and that the Mayor and City Clerk be, and th e,hereby, authorized to execute the contract, e motion was seconded by Director Kerlin and upon roll call the following vote was recorded: "Ave" \ rlin, McFerran, Trumbo, and Dunn, "Nay" none. The Mayor reported that this was the Date, Time, and Place set for a public hearing on a petition calling for a Referendum Vote on Ordinance No. 1625, passed and approved on October 14, 1968. , The City Clerk reported that he had caused a notice of the public hearing to be published in the Northwest Arkansas Times, a daily newspaper published in Washington County Arkansas, and having a general circulation in the City of Fayetteville, Arkansas, one time at least five(5) days prior to the date set for the public hearing. The City Clerk further reported that he had checked the signatures on said petition and had certified 1109 Signatures to be legal and valid which was considerable more than the 477 signatures required. Ordinance left After a brief discussion, the City Attorney introduced and, at the request of the Mayor, read a proposed on first reading ordinance in its entirety for the first time entitled, "AN ORDINANCE DETERMINING THE SUFFICIENCY OF CERTAIN PETITIONS FILED WITH THE CITY OF FAYETTEVILLE, ARKANSAS, CALLING FOR A SPECIAL REFERENDUM ELECTION;AND FOR OTHER PURPOSES". The Clerk noted that only four Directors were present, therefore the rule could not be suspended requiring an ordinance to be read on three separate days, since it takes tw6-thirds of all the elected members or a total of five to suspend the rule. The Ordinance was left on the first reading at this time but the Directors unanimously agreed to meet in an adjourned session on Tuesday, December 3, 1968, at 7:30 A.M. in order to pass the Ordinance. The City Manager introduced and read a proposed resolution requesting a Flood Plain Study. Director Kerlin moved that the Resolution be adopted. The motion was seconded by Director McFerran and upon roll call the following vote was recorded, "Aye" Kerlin, McFerran, Trumbo, and Dunn. "Nay" None. There being Four "byes" and No "Nays", the Mayor declared the Resoilution adopted. RESOLUTION NO. 36-68 Resolution No. 36-68 WHEREAS, the City of Fayetteville, Arkansas, under authority vested in said City by the State of Arkansas, has responsibilities for the safety of life and property of its citizens from fire, flood, panic hand other things and events, and pursuant thereto has established a planning commission to supervise the planning of the use of the lands in said City for the best interest of its citizens, and WHEREAS, the Planning Commission studies indicate that a very small part of the area of the said City is being used for residential, commercial, and industrial purposes, and that much larger part of said lane could be used if proper planning and regulation were used in preserving adequate floodway and channel rigk sof-way and channel clearance, and WHEREAS, the community needs a factual basis for reducing future flood damages and hazards through carefully considered and well-planned local regulations and use of the flood plan, including both guid- ing prospective land use and preserving adequate floodway and channel rights -of -wap and channel clearance. to provide publicly available information for the guidance of private citizens and interests on the use o. flood plans; and to minimize future public expenditures and for alleviation of flood problems which would follow improper flood plain development, therefore increasing the amount of land available for use, and ' WHEREAS, the City of Fayetteville is an area of hazard by inundation and erosion from the West Fork of the White River, Clear Creek, Mud Creek, Skull Creek, Sublet Creek, and Hamstring Creek, and due to th (continued growth pressures of land needs for residential, commercial, industrial and recreational uses, which necessitates flood damage prevention measures and plans and regulations for the use thereof; NOW, THEREFORE BE IT RESOLVED by the City Board of Directors of the City of Fayetteville, Arkansas, that this body respectfully request the U. S. Corps of Engineers to undertake a study of the prescribed area, pursuant to Section 206, Public Law 86-645 and to investigate the intensity of flood and permanentl: established flood elevations along said water courses, and THAT, the City of Fayetteville, Arkansas, further agrees to furnish available maps for the flood plaj ., agrees to publicize the flood plain information report, agrees to provide flood plain information e City Planning and Regional Planning Commissions for guidance in their deliberations and to provide nable care to preserve survey markers, measurements, etc. PASSED AND APPROVED this 2nd day of December, 1968. APPROVED: I AM& T: DON TRU.BO, MAYOR GEORGE J2 AVIS, CITY CLERK The City Manager presented Administrative.Memo #125 which in part reads as follows: ' Right of Way for American Legion Road The Shelton -Tucker Post of American Legion has recently purchased about 10 acres of land north of Highwav 16 Bypass and north and west of city owned property. They have temporary access to property from Huntsvil Road which is north and 16 Bypass from the east. They have requested a right of way across our property, 150 feet in width and 597 feet in length. This would run across our west property line, would be temporary !for road purposes only, with the City controlling the type of construction. The American Legion proposes to construct baseball diamond(s) and a Legion Hut on the property. Such right of way across our property would provide them with more adequate access. An agreement to this effect has been prepared, and I would recommend its approval. rector McFerran moved to approve the right -of -wap easement and that the Mayor and City Clerk be, and th e,hereby, authorized to execute the contract, e motion was seconded by Director Kerlin and upon roll call the following vote was recorded: "Ave" \ rlin, McFerran, Trumbo, and Dunn, "Nay" none.