HomeMy WebLinkAbout1968-12-16 Minutes344
here being no further business, Director Kerlin moved to adjourn.: The motion was seconded by Director
cFerran and passed unanimously, whereupon the Mayor declared.the meet.ng a ourne
l.
—yam APPROVED:���
TTEST: S DON TSU 0, MAYOR
GEORGE J(/ DAVIS, CITY CLERK
Regular The Board of Directors of the City of Fayetteville, Arkansas, met in regular session in the Directors'
Meeting. Room in the City Administration Building on Monday, December 16, 1968, at 7:30 P. M.
Present:City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors
T.J.Keith, James Kerlin, Sylvia Swartz, Joe McFerran, Garland Melton,Jr., Don Trumbo, and Dale Dunn.
NewslReporter Absent: Director Arnold Christie.
N.W. Time a,
also present. The minutes of the regular meeting on Monday, becember 2, 1968, and of the Adjourned Session on Tuesday,
December 3, 1968, copies of which had previously been mailed to each of the Directors, were approved as
written.
The City Attorney introduced and,at the request of the Mayor, read a proposed ordinance in its entirety
ance for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRIC
1634 MAP OF FAYETTEVILLE, 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".
Director McFerran moved that the rule be suspended and that the Ordinance be placed on the second reading
The motion was seconded by Director Trumbo and passed unanimously.
The Ordinance was then read for the second time.
Director McFerran then moved that the rule be further suspended and that the Ordinance be placed on the
third 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 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" Kerlin, Swartz, McFerran, Melton, Trumbo, and Dunn.
"Nay" None.
There being Six "Ayes", and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1634
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSA.
APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE FAMILY RESIDENTIAL DIST,
TO C-2 THOROUGHFARE COMMERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on December 3, 1968, on the petition of Fayetteville Lodge No. 1870, Loyal Order of Moose,
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 Residential District to C-2 Thoroughfare Commercial District, to -wit:
A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 35 in
Township 17 North, Range 30 West, Washington County, Arkansas, described as follows, to -wit:
Beginning at a point which is 613.8 feet East of the Southwest corner of said 40 acre tract,
and thence running East 703.72 feet; thence North 597.14 feet; thence West 384 feet; thence
South 610 53' West 673 feet to the point of beginning, containing 7.45 acres, more or less.
and,
WHEREAS, notice of said public hearing, setting forth the date,time, place and purposes of said
hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of gen-
eral circulation 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 Director;
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning from R -IB Single
Family Residential District to C-2 Thoroughfare Commercial District only that portion of the above-descril
property as is set out and described in Section 1 of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the following described property, which is presently zoned R -1B Single Family Resi•
dential District, be and the same is hereby rezoned to C-2 Thoroughfare Commercial District, to -wit:
A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 35,
Township 17 North, Range 30 West, Washington County, Arkansas, described as follows, to -wit:
Beginning at a point which is 613.8 feet East of the Southwest (SW) corner of said 40 acre
tract; and thence East 628.72 feet; thence North 597.14 feet; thence West 309 feet; thence
South 610 53' West 673 feet to the point of beginning, containing 6.42 acres, more or less.
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 publication
PASSED AND APPROVED this 16th day of December, 1968.
APPROVED: A ( Q1AAA
ATTEST: DON TRUMBO, MAYOR
GDORG J. D641S, CITY CLERK
The City Manager presented the petition of Bill Hawkins to rezone certain property on Highway No. 62 West
from A-1 Annexed Territory District to C-2 Thoroughfare Commercial District, which had been approved by
the Planning Commission. After a brief discussion, the City Attorney introduced and, at the request of
the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE
NO. 1239, AND REVISED ZONING DISTRICT MAP OF FA.YETTEVILLE, ARKANSAS, AP>'ROVED MAY 28, 1962, AS AMENDED,
ance TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED TERRITORY DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT.
1635 Director Dunn 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.
Director Dunn moved that the rule be further'suspended and that the Ordinance be placed on the third and
final reading.
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the third and last time.
345
The Mayor then declared the Ordinance open for discussion. After a brief discussion, the Mayor asked the
Ordinance question, !'Shall the Ordinance pass?"
No. 1635 Upon roll call, the following vote was recorded; "Aye" Kerlin, Swartz, McFerran, Melton, Trumbo, and
Dunn. "Nayf!"None.
There being six "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD. OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
ORDINANCE NO. 1635
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSA
APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED TERRITORY 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 December 3, 1968, on the petition of Bill H. Hawkins, 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 A-1 Annexed Territory
District to C-2 Thoroughfare Commercial District, to -wit:
Part of the South Half of the Northwest Quarter of Section 19 in Township 16 North, Range 30
West, described as follows: Beginning at a point which is 1019.2 feet South 740 West of a
point which is 16.13 chains West and 741.2 feet South of the Northeast corner of said sub-
division, and running,.thence South 740 West with the North line of the right of way of said
Highway No. 62, 215 feet; thence North 300. West 326 feet; thence North 880 East 231 feet;
thence South 310 East 250 feet to the place of beginning, containing 1.3 acres, more or less.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD. OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said
hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of genera.
circulation 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 Directors
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described
'
property, presently zohed A-1 Annexed Territory 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 above-described property, which is presently zoned A-1 Annexed Territory Dis-
trict, be and the same is hereby rezoned to C-2 Thoroughfare Commercial District.
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 publication.
PASSED AND APPROVED this 16th day of December, 1968. 111
' APPROVED:"1/1iAA J� U
ATTEST: DN TRU 0, MAYOR
GEORG J VIS, CITY CLERK
The City Manager presented the petition of William Thurman and Ellis Trumbo to rezone certain property
located at the intersection of Leverett Avenue and Lawson Street from R-2 Two Family Residential District
to R-3 Multi -Family Residential District, which had been approved by the Planning Commission.
The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety
entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTE-
VILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY
RESIDENTIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT."
Director McFerran moved that the rule be suspended and that the ordinance be placed on the second reading
Ordinance No.
The Motion was seconded by Director Swartz and passed unanimously.
1636
The Ordinance was then read for the second time.
'
Director Melton moved that the rule be further suspended and that the Ordinance be placed on the third
and final reading.
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the third and final 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" Kerlin, Swartz, McFerran, Melton, Trumbo, and
Dunn. "Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1636
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSA
APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT
TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the.planning Commission of the City of Fayetteville, Ark-
ansas, on December 3, 1968, on the petition of William Thurman and Ellis Trumbo, requesting that said
Planning Commission recommend to the Board of Directors of the City of Fa!,etteville, Arkansas, that the
Board of Directors enact an ordinance rezoning the following described property, presently zoned R-2 Two
Family Residential District to R-3 Multi -Family -Residential District, to -wit:
Part of the Northwest Quarter of the Northwest Quarter of Section 9 in Township 16 North,
Range 30 West,ddescribed as beginning at a point 200 feet North of the South East corner
of said 40 acre tract, and running thence,North 120 feet; thence West 200 feet; thence
South 120 feet; thence East 200 feet to the point of beginning, except 20 feet of equal
and uniform width off the East and South sides of said tract for street purposes.,
and,
WHEREAS, notice of said public hearing, setting forth the,date, time, place and purposes of said
hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of
general circulation 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 Directors
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described
property, presently zoned R-2 Two Family Residential District to R-3 Multi -Family Residential District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD. OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
346
dinance
No. 1637
1638
SECTION 1. That the above-described property, which is presently zoned R-2 Two Family Residential
District, be and the same is hereby rezoned to R-3 Multi -Family Residential District.
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 publication.
PASSED AND APPROVED this 16th day of December, 1968. r
APPROVED: �RA.A
�T: AGI - DON TRVMBO, MAYOR
GBZGE JVDAVIS, CITY CLERK
The City Manager presented the petition of Shirleen Skeith and Clifford Clevenger to rezone certain prop-
erty located on North Leverett Avenue from R-2 Two Family Residential District to R-3 Multi -Family Resi-
dential District, which had been approved by the Planning Commission.
The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety
fotlthe:ifirst time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRIC
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2,
TWO FAMILY RESIDENTIAL DISTRICT TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT."
Director Melton moved that the rule be suspended and that the Ordinance be placedbbe placed on the second
reading.
The motion was seconded by Director McFerran and passed unanimously.
The Ordinance was then read for the second time.
Director Melton moved that the rule be further suspended and that the Ordinance be placed on the third
and final reading.
The motion was seconded by Director McFerran and passed unanimously.
The Ordinance was then read for the third and final 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" Kerlin, Swartz, McFerran, Melton, Trumbo, and Dunn
"Nay" none. There being six "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
ORDINANCE NO. 1637
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE,
APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2, TWO FAMILY RESIDENTIAL
TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS,•a public hearing was held before the Planning Commission of the City of Fayetteville, Ark-
ansas, on December 3, 1968, on the petition of Shirleen Skeith and Clifford Clevenger, 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-2
Two Family Residential District, to R-3 Multi -Family Residential District, to -wit:
Part of the Northwest Quarter of Section 9, Township 16 North, Range 30 West, described as
beginning at a point of 420 feet South of the Northeast corner of said 40 acre tract, thence
West 270 feet or to the proposed street easement; thence South 105 feet; thence East 270 feet;
thence North 105 feet to the point of beginning, containing .65 acres more or less, Washing-
ton County, Fayetteville, Arkansas.
WHEREAS, notice of said public hearing, setting forth the date, time, place andpurposes of said
hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of g
circulation 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 Directors
of the City of Fayetteville,•its recommendation that an -ordinance be adopted rezoning the above-described
property, presently zoned R-2 Two Family Residential District, to R-3 Multi -Family Residential District.
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 R-2 Two Family Residential
District, be and the same is hereby rezoned to R-3 Multi -Family Residential District.
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.publication.
PASSED AND APPROVED this 16th day of December, 1968.
APPROVED: in A A A 11 r0
ATTEST:^ DO TRUMBO, MAYOIT
EORGE IS, CITY CLERK
The City Manager presented the petition of Bryce Davis and Company to rezone certain property located on
Arkansas State Highway No. 112 North of U.S. 71 By from A-1 Annexed Territory District to C-2 Thor-
oughfare Commercial District, which had been approved by the Planning Commission.
The City Attorney 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 REVISED ZONING DISTRIC
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1
ANNEXED TERRITORY DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT."
Director Dunn moved that the rule be suspended and 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.
Director Dunn moved that the rule be further suspended and the Ordinance be placed on the third and final
reading -
The motion was seconded by Director McFerran and passed unanimously.
The Ordinance was then read for the third and final 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: "A•ye" Kerlin, Swartz, McFerran, Melton, Trumbo, and
Dunn. "Nay" none. There being six "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
1
34'71
Ordinance
ORDINANCE NO. 1638
No. 1638
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED TERRITORY DISTRICT TO
C-2 THOROUGHFARE 001K.ERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
'
Arkansas, on December 3, 1968, on the petition of Bryce Davis and Company, Incorporated, 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
A-1 Annexed Territory District, to C-2 Thoroughfare Commercial District, to -wit:
A part of the North Half of the Northeast Quarter of Section 33, Township 17 North,
Range 30 West of the Fifth P.M., described as follows: Beginning at a point 165 feet
East and 467.14 feet South of the Northwest corner of the Northeast Quarter of the
Northeast Quarter of said Section 33; thence South 352 feet; thence West 1237.5 feet;
thence North 352 feet; thence East 1237.5 feet to the place of beginning, containing
ten (10) acres, more or less.
and,
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said
hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of general
circulation 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 Directors
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described
property, presently zoned A-1 Annexed Territory 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 above-described property, which is presently zoned A-1 Annexed Territory
District, be and the same is hereby rezoned to C-2 Thoroughfare Comiercial District.
'
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 publication.
PASSED AND APPROVED this 16th day of December, 1968. n
APPROVED: )0,9-,4 /InnXlO
ATTEST:_£ DON TRUMBO, MAYOR
GEORGE J. DOIS, CITY CLERK
The City Manager presented the petition of James Fletcher to rezone certain property located on Arkansas
State Highway No. 16 East from A-1 to C-2. He outlined this in Administrative Memo #125 as follows:
This case was heard by the Planning Commission in October and by the City Board on November 4. The
Ordinance left
on
Planning Commission recommended approval by a 5-3 vote while the City Board postponed action for 30 days.)
third reading
It is now scheduled for reconsideration. The property is located on East State Highway 16 just East of
(James Fletcher)
the Animal Hospital. Only a 300 feet strip along the north side of the property is within the City Limits.
Applicants propose to establish an off -premise liquor and beer outlet on the property. I still question
the advisability of strip commercial zoning along State Highway 16 East. In fact, I would suggest that
the C-2 property across the street from this property be placed back into a residential district.
The City Attorney introduced and, at the request of the Mavor, read a proposed ordinance in its entirety
for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT,
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1
ANNEXED TERRITORY DISTRICT TO C-2 THOROUGHFARE COMMERCIAL 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 Trumbo and passed unanimously.
The Ordihance was then read for the second time.
Director Melton moved that the rule be further suspended and the Ordinance be placed on the third 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 Mayor then declared the Ordinance open for discussion.
A long discussion followed, during which a proposed resolution to refer this back to the Planning Commissic
and the rezoning of other nearby property was discussed.
Director McFerran moved to adopt a resolution referring the James Fletcher case back to the Planning
Commission; also to consider the rezoning of other property across the street from the Fletcher property.
The motion was seconded by Director Melton and upon roll call the following vote was recorded: "Aye"
Kerlin, Swartz, McFerran, Melton and Trumbo. "Nay" Dunn.
There being five "Ayes" and only one "Nay", the Mayor declared the Resolution adopted.
RESOLUTION 37-68
Resolution 37-68
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS;
That the petition of James Fletcher to rezone certain property on State Highway No. 16 East from
A-1 to C-2 be and the same is hereby referred back to the Planning Commission with instructions to re-
study the Fletcher case for possible approval of C-1 rezoning instead of C-2; and further to institute
a rezoning study of property directly across Highway 16 from the Fletcher property, which is presently
zoned C-20 in an effort to determine whether a more restrictive zoning classification should be placed
on this property.
PASSED AND APPROVED this 16th day of December, 1968. (())
APPROVED: nnlln:vl
ATTEST: DON TRUMBO, MAYOR
GEORGE -VIS, CITY CLERK
groved Budget
The City Manager presented the proposed budget for the General Government for the year 1969.
for 1969
Director Melton moved to approve the Budget for 1969 for the General Government of the City of Fayette-
ville, Arkansas, as presented by the City Manager.
The motion was seconded by Director McFerran and passed unanimously.
.. i
Approve Wage and
Director Melton moved to approve the new Wage and Classification Plan as recommended by the City Manager.
Classification'
Plan
The motion was seconded by Director Kerlin and passed unanimously.
Wage and Classification Plan on next page
1348
it
Plan
es
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
Class VII
Class IX
Class X
Class XI
Class XII
YEARS
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
Class VII]
Class IX
Class X
Class XI
glass I
Ulerk I
Laborer, Class I
Distribution Man I
Class II
Clerk II
Laborer Class II
Train Driver
Building Custodian
Distribution Man II
Class III
Clerk III
Truck Driver
Lead Train Driver
Incinerator Operator
Animal Control Officer
Meter Reader
Dock Operator
Meter Repairman
Sewer Plant Operator
Service Man
Distribution Man III
Class X
Assistant Fire Chief
Equipment and Maintenance
foreman
Police Captain
Sewage Lab Technician
-EMPLOYEE CLASSIFICATION PLAN
Class IV -
Class VII
Light Equipment Operator•
Police Patrolman
Relief Tender Truck Operator
Fireman
Crew Foreman I
280
Planning Administrator
Class VIII
Mechanic
290
Clerk IV
Fire Captain
Distribution Man IV
Garage Foreman
Class V
Heqvy Equipment Operator
Tender Truck Operator
Crew Foreman II -
Executive Secretary
Clerk V
Draftsman
Distribution Man V
Class VI
Parking Meter Repairman
Storekeeper
Crew Foreman III
Clerk VI
Filter Plant Operator
Class XI
Asst. Police Chief
Electrical Inspector
Plumbing Inspector
Transmission & Distribution
Superintendent
Accountant
Sewer Plant Supervisor
WAGE PLAN
General
Crew Foreman IV
Sewer Shift Operator
Class IX•
Filter Plant Foreman
Police Sargeant
Meter Foreman
Sewer Filter Operator
Asst. Street Superintendent
Asst. Sanitation Superintendent
Housing Code Enforement Officer
Building Inspector
Shop Superintendent
Construction and Maintenance Su
Class XII •
All Other Employees
Starting
6 Months
12 Months
Top of Range
$270
$280
Class I • $290
$350
280
290
Class II 300
365
290
300
Class III 310
375
300
310
Class IV 320
385
310
320
Class V 330
405
345
355
Class VI 365
435
360
370
Class VII 380
455
370
380
Class VIII 390
470
385
395
Class IX 405
490
415
425
Class X 435
515
430
440
Class XI 450
530
470
490
Class XII
465
480
495
To Be Determined by City Manager and City Board
465
Merit Increases
A
B
C
D
E
$300
$310
$320
$335
$ 350
310
320
335
x'350-
365
320
332
345
360
375
332
345
357
370
385
342
355
370 •
385
405
375
390
405
420
435
395
410
425
440
455
405
420
435
450
470
420
435
450
470
490
450
465
480
495
515
465
480
495
510
530
To•Be Determined By City Manager and City Board
RANGES - SENIORITY INCREASES
1 2
3 4 5 6 7
8 9 10 11 12 13 14 15
16 17
18 19 20
293 296 299 302 305 308 311 314 317 320 323 326 329 332 335 338 341 344 347 350
303 306 309 312 315 318 321 324 327 330 330 336 339 342 345 349 353 357 361 365
313 316 319 322 325 328 331 334 337 340 343 346 349 352 355 359 363 367 371 375
323 326 329 332 335 338 341 344 347 350 353 356 359 362 365 369 373 377 381 385
333 336 339 342 345 349 353 357 361 365 369 373 377 381 385 389 393 397 401 405
368 371 374 377 380 383 386 389 392 395 399 403 407 411 415 419 423 427 431 435
383 386 389 392 395 399 403 407 411 415 419 423 427 431 435 439 443 447 451 455
394 398 402 406 410 414 418 422 426 430 434 438 442 446 450 454 458 462 466 470
409 413 417 421 425 429 433 437 441 445 449 453 457 461 465 470 475 480 485 490
439 443 447 451 455 459 463 467 471 475 479 483 487 491 495 499 503 507 511 515
454 458 462 466 470 474 478 482 490 494.498 502 510 506 510 514 518 522 526 530
olution The City Manager read a proposed resolution authorizing a right-of-way permit for Ozarks Electric Co-
. 38-68 operative Corporation.
Director Kerlin moved that•the Resolution be adopted.
The motion was seconded by Director McFerran and passed unanimously.
t
34.9
Resolution RESOLUTION NO. 38-68
No. 38-68
WHEREAS, the City Board of Directors on March 18, 1968, through Resolution No. 7-68 authorized the
execution of a right of way grant to Ozarks Electric Cooperative Corporation across city owned property;
and
' WHEREAS, the description of said right of way, is now found to be in error; and
WHEREAS, a corrected Right of Way Grant is attached and incorporated fully herein by reference; and
WHEREAS,the Board of Directors desires to authorize execution of a corrected right of way grant,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Favetteville, Arkansas:
THAT the Mayor and City Clerk are hereby authorized and directed to execute the aforesaid corrected
right of way grant in behalf of the City of Fayetteville and deliver same to the Grantee, Ozarks Electric
Cooperative Corporation, a±td
PASSED AND APPROVED this 16th day of December, 1968.
APPROVED:
ATTESq� DON TRUMBO, MAYOR
' GEORGE J. DWVIS, CITY CLERK
The Right of Way Grant was spread on the minutes and reads as follows:
RIGHT OF WAY PERMIT
TRANSMISSION LINE
' KNOW ALL MEN BY THESE PRESENTS: That we, City of Favetteville, Arkansas, a Municipal Corporation, here-
inafter called GRANTOR, for and in consideration of the sum of $1,325.00 (Thirteen Hundred Twenty-five
Dollars) and other good and valuable considerations, to us cash in hand paid, the receipt whereof is
Right of Way hereby acknowledged, do grant and convey, unto OZARKS ELECTRIC COOPERATIVE CORPORATION, hereinafter callec
Permit GRANTEE, and unto its successors and assigns, the right, privilege and easement to build and maintain
over, upon and across the land (including abutting roads and highways) hereinafter described a line or
REA lines of poles or towers with necessary guys and supports upon which may be strung wires and cables for
the transmission of electric current and messages, and for such other uses as may be necessary to the
business of Grantee, its successors or assigns. The rights hereby conferred provide for the privilege
and authority to enter upon said lands for the purpose of constructing and building said pole line, for
the maintenance and operation thereof, and the right to clear and keep clear a right of way 100 feet in
width, and to remove all other timber and obstructions that map interfere with the use of said line or
that may or might be a hazard to the use,of.the same, and for the repairing, reconstructing, operating or
removing of same at any and all times.
The said right of way hereby conferred shall be over, upon and across the following lands located
and situated in Washington County, Arkansas, to -wit:
A part of the Fractional Northeast Quarter (Fr. NE 1/4), the Northeast Quarter of the Southeast
Quarter (NE 1/4 SE 1/4) and the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4), in
Section 6; the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4), the Southeast Quarter
of the Northeast Quarter (SE 1/4 NE 1/4) in Section 7 and a part of the Northeast Quarter of the
Southeast Quarter NE 1/4 SEil/4) Consisting of eight and one half (8 1/2) acres off of the North
side of the Northeast Quarter of the Southeast Quarter of Section Seven (7) described as follows,
to -wit: Beginning at the Northeast corner of said forty acre tract, thence South seventeen (17)
rods, and two (2) feet, thence West eighty (80) rods, thence North seventeen (17) rods and two
(2) feet; thence East eighty (80) rods to the place of beginning, all in Township 16 North,
Range 29 West, of the 5th P.M., more particularly described as follows: An easement 100 feet
in width being 50 feet in width on either side of a center line described as beginning at a
point 288 feet East of the Northwest corner of the Fractional Northeast Quarter in said Section
6, and running thence South Olo 02' East 6523 feet to a point, thence South OSo 02' West 404
feet to a point which is 146 feet East and 282.5 feet South of the Southwest corner of the
Southeast Quarter of the Northeast Quarter of said Section 7.
and the right of free ingress and egress over adjacent lands to or from said right of way is hereby
conferred upon said Grantee, its successors and assigns at any time for the purpose recited herein.
Grantee agrees that it will pay damages to crops, livestock, fences, or any other damages not in-
cluded in above settlement, inflicted by it in the construction and maintenance of said line, when said
line has been constructed, together with the sum of per pole, per anchor; and
per running rod.
The sum of all damages may be determined by mutual agreement and when same are not mutually agreed
upon by Grantor and Grantee, then said damages shall be ascertained and determined by three disinterestec
persons, one of whom to be designated by the Grantor herein, or assigns; one by Grantee, its successors
or assigns; and the third by the two so appointed, and the agreed award of such three persons shall be
final and conclusive of all such damage.
It is especially understood and agreed that the Grantor shall have full and free use of said right
of way except for the purposes herein stated; and the right to farm,and cultivate and otherwise use said
right of way by the Grantor, except for the purposes herein granted to the Grantee, is especially reserve
and if the Grantee should ever permanently abandon the use of said right of way for the purposes herein
conveyed, it shall revert to the Grantor or assigns.
'
Grantee agrees that all timber, brush and debris removed or cleared in the course of constructing
and maintaining the right of way herein provided for shall be removed from the Grantor's premises or
otherwise disposed of satisfactory to Grantor.
IN WITNESS WHEREOF, we hereto set our hands and affix our seals this the 16th day of December, 1968,
r350
Release
Director Melton moved that the City Clerk be and he is hereby authorized to execute a Release Deed to
Deed
Thomas C. Comley, DBA Chateau, Inc., for that portion of Valley View Acres as described, to -wit:
part
of
Valley
View
Lots Two (2) and Three (3), Block 10, Parker's Valley View Acres, as per plat of said Addition
Acres
on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington, County,
Arkansas.
The Motion was seconded by Director McFerran and passed unanimously.
The City Manager read the certification of the General Election, November 5, 1968, from the Washington
Election
County Election Commissioners which was spread on the Minutes and reads as follows:
Certificate
CITY BOARD OF DIRECTORS
POSITION NAME VOTES CAST
POSITION 1 James T. Kerlin 3114
Gerald Jones 4111
POSITION 3 Robert Glen Hutchens 3202
Joe McFerran 3912
POSITION 5 Ernest Lancaster 3459
Lewis P. Johnson 1860
Huey Bullington 1557
POSITION 6 David L. Hamer 1151
Jon Tarry Starr 4360
James K. Robertson 1006
Charles Max Leichner 1064
MINICIPAL JUDGE V. James Ptak Unopposed
CONSTABLE J. C. McConnell Unopposed
,
WITNESS our hands on this 18th day of November, 1968.
WASHINGTON COUNTY ELECTION COMMISSION
BY Friedman Sisco, M.D.
BY Clark C. McClinton
BY Cy Carney
The City Manager read a proposal from Republic National Bank, Dallas, Texas, for the purchase of Water
Bofid
and Sewer Revenue Bonds in the amount of•$940,000.00.
Proposal
Republic
Mr. Robert Raney of T. J. Raney and Sons, Fiscal Agent for the City of Fayetteville, Arkansas, appeared
Nat'l
Bank
before the Board of Directors and advised the Directors of two other proposals.
Accepted
1. The offer of T. J. Raney and Sons to purchase the Bonds at the rate of 5.50% with:
a. Non -callable for 5 years
b. Limited conversion allowed
2. Sale of Bonds by Public Bid
After a long discussion, Director Kerlin moved to accept the proposal of the Republic National Bank
provided:
1. That call provisions be clarified
2. Possible increase of interest rates to be received by the City on the Initial Investment Schedule
The motion was seconded by Director McFerran and passed unanimously.
The proposal was spread on the minutes and reads as follows:
,
December 13, 1968
Honorable Mayor and
Board of Directors
City of Fayetteville, Arkansas
Gentlemen:
Bond
It is our understanding that the City of Fayetteville is contemplating the issuance of approximately
Proposal
$940,00 Water and Sewer Revenue Bonds. Proceeds are to be used for the extension and improvement of the
Water and Sewer system. In connection with the issuance of this proposed debt we offer the following
proposal:
1. We will buy from you and you will sell to us your legally issued Water and Sewer Revenue
Bonds at par plus accrued interest. This issue will rank on an equal parity with the
currently, outstanding bonds as provided for by the parity clause in Resolution 7-63 of
April 8, 1963, and this will be substantiated as provided for in that Resolution.
2. We will provide you at the proper time with a schedule of maturities of an issue of approx-
imately $940,000.
3• The Bonds will bear interest payable semi-annually from date of issuance at the rates set
forth below:
5 1/2$ for the first six months after date
5 3/4% for the next six months
6% thereafter
The date of issuance, the semi-annual interest payment date and the annual principal date will
be determined at the proper time. The bonds will not be subject to conversion.
4. The bonds will be callable in whole only from funds from any source on any interest payment
date after issuance at par, the bonds will also be callable in inverse numerical order in part
at par,.plus accrued interest on any interest date from excess revenues.
5. The Cfty agrees to designate the Republic National Bank of Dallas as the Paying Agent on
this issue so long as any of these bonds remain outstanding irregardless of any refunding.
6.
3511
6. The City agrees to raise the Reserve Fund in the amount of $60,000. The method of increasing
Bond this fuhd and other aspects of the Funds will be further defined in the Ordinance authorizing
Proposal this Issuance.
7. We agree to pay all expenses incident to the legal issuance of these bonds including the
following:
A. Printing of the Bonds
B. Attorney's Fees
C. Travel and Communication
It is understood that the City will pay necessary publication and any litigation costs.
8. As re -imbursement for expenses incurred, the City agrees to pay us upon delivery of the
Bonds a cash fee of $7,500.
9. This offer is subject to the unqualified approving opinions of Messrs. Dumas, Huguenin
and Boothman, Attorneys, Dallas, Texas, and Messrs. Smith, Williams, Friday and Bowen,
Attorneys, Little Rock, Arkansas.
This agreement is subject to,acceptance or rejection on or before December 18, 1968.
Respectfully submitted,
REPUBLIC NATIONAL BANK OF DALLAS
c
BY John S. Davis
ACCEPTANCE
Ae Board of Directors of the City of Fayetteville, ArkansNs. this the �6 day of
, 1968. ff ll
M�,� anA�Tb
Mayor
ATT
' CITY CLERK
CITY MANAGER
City Attorney resigned The City Manager reported that the City Attorney, Hugh Kincaid, had resigned effective January 1, 1969,
(Hugh Kiniaid) and he recommended that Attorney Richard Wells (now Assistant Prosecuting Attorney) be appointed to this
office at a salary of $680.00 a month.
Appointed Richard Director Melton moved to accept the recommendation of the City Manager and to appoint Richard Wells as
Wells, City Attorney the City Attorney beginning January 1, 1969, at a salary of $680.00 per month.
The motion was seconded by Director McFerran and passed unanimously.
City Clerk retired The City Manager also reported that the City Clerk, George J. Davis, had announced his retirement effec-
tive Januar 1 1 g y
(George J. Davis) y , 969, and he recommended that Mrs. Lema Marilyn Moore (who is now actin as secretary
for the City Clerk) be appointed to the position of City Clerk.
Appointed Lema Marilyn Director McFerran moved to accept the recommendation of the City Manager and to appoint Mrs. Lema Marily
Moore, City Clerk Moore as City Clerk, effective January 1, 1969; however that she be requested and authorized to begin
work December 23, 1968.
The motion was seconded by Director Swartz and passed unanimously.
Resolutions
39-68
Director Melton moved to adopt a resolution commending Hugh R. Kincaid for his services as City Attorney
also to adopt a resolution commending George J. Davis for his services as City Clerk and that the City
Manager be instructed to prepare the Resolutions.
The motion was seconded by Director Swartz and passed unanimously by acclamation.
RESOLUTION NO. 39-68
WHEREAS, HUGH R. KINCAID has served faithfully and dedicatedly as City Attorney of the City of
Fayetteville for four years; and
WHEREAS, HUGH R. KINCAID from on January 1, 1969,
will resign said position
NOW, THEREFORE, BE IT RESOLVED By the City Board of Directors of the City of Fayetteville, Arkansas
THAT the City of Fayetteville officially recognize the efforts of HUGH R. KINCAID for his unselfish
efforts as City Attorney of the City of Fayetteville through the means of this Resolution; and
THAT a copy of this Resolution be entered into the official records of the City and a copy be
presented to HUGH R. KINCAID.
PASSED AND APPROVED this 16th day of December, 1968.
APPROVED:
ATTEST: 2� DON TAUMBO, MAYOR
GEORGE V DAVIS, CITY CLERK
RESOLUTION NO. 40-68
Resolution 40-68
WHEREAS, GEORGE J. DAVIS has served faithfully and dedicatedly as City Clerk of the City of
Fayetteville for twelve years, and
WHEREAS, GEORGE J. DAVIS will retire from said position on January 1, 1969,
NOW, THEREFORE, BE IT RESOLVED by the City Board of Directors of the City of Fayetteville, Arkansas
THAT the City of Fayetteville officially recognize the efforts of GEORGE J. DAVIS for his unselfish
efforts as City Clerk of the City of Fayetteville through this means; and
THAT a copy of this Resolution be entered into the official records of the City and a copy be
presented to GEORGE J. DAVIS.
PASSED AND APPROVED this 16th day, of December, 1968.
r
> APPROVED:_
_
ATTEST:. DON TR 0, MAYOR
LEMA MARILYN MOORS ACTING CITY CLERK
r352
The City Manager introduced and, at the request of the Mayor, read a' -proposed- Ordinance in it,Lentirety for the
first time entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE REVISED PLAT OF LOTS 8, 9, 10, AND PART OF
LOT 7, BLOCK 5, OAKS MANOR SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM
DEDICATION OF THE STREET AND UTILITY EASEMENTS THEREIN."
Director Melton moved that the rule be suspended and that the Ordinance be placed on the second reading.
inance The motion was seconded by Director Swartz and passed unanimously.
1639 The Ordinance was then read for the second time.
Director Melton moved that the rule be further suspended and the Ordinance be.placed on the third 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 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" Kerlin,
Swartz, McFerran, Melton, Trumbo, and Dunn. "Nay" none. There being six "Ayes" and no "Nays" the Mayor
declared the Ordinance passed.
ORDINANCE NO. 1639
AN ORDINANCE TO ACCEPT AND CONFIRM THE REVISED PLAT OF LOTS 8, 9, 10, AND PART OF LOT 7, BLOCK 5, OAKS
MANOR SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFI9M THE DEDICATION OF THE
STREET AND UTILITY EASEMENTS THEREIN.
WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Ark-
ansas, a plat dated June, 1968,•known as the Revised Plat of Lots 8, 9, and 10, and part of Lot 7, Block
5, Oaks Manor Subdivision to the City of Fayetteville, Arkansas, in which the owner has dedicated for the
public use the street and utility easement shown upon said plat; and
WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, has recommended the Accept-
ance of said plat;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS:OOF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the Revised Plat '
of Lots B. 9, and 10, and part of Lot 7, Block 5, Oaks Manor Subdivision to the City of Fayetteville,
Arkansas, and accepts and confirms the dedication of the street anduutility easement shown therein, and
hereby declares said street and utility easement to be public street and utility easement and said Board
of Directors hereby assume the care, control and jurisdiction of same.
SECTION 2. That this ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED this 16th day of December, 1968.
APPROVED: �ILML
ATT DON TRUMBO, MAYOR
GEDRt2 X.1DAVIS, CITY CLERK
There being no further business Director McFerran moved to adjourn.
The motion was seconded by Director Dunn and passed unanimously, whereupon the Mayor declared the meet-
ing adjourned.
Ax.
APPROVED:_ I
ATTEST: Ax .cell DON TR(JMB , MAYOR
GBDRG J DAVIS, CITY CLERK