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HomeMy WebLinkAbout1970-01-08 Minutes11 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS January 8, 1970 , The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Thursday, January 8, 1970, in the Directors Room in the City Admini- stration Building at 7:30 P.M. The Regular Meeting scheduled for Monday, January 5, 1970, was postponed due to inclement weather. Present: City Manager Wesley M. Howe, City Clerk Marilyn Moore, City Attorney Richard Wells, and Directors Jones, Swartz, McFerran, Kelton, Lancaster, and Dunn. Absent: Director Starr. Representatives of the press were present. 1-72 The minutes of the regular meeting on Monday, December 15, 1969, a copy of which had previously been mailed to each of the Directors, were approved as written after adding the name of Director Lancaster to the members of the Citizen Participation Committee. 2-72 The City Manager presented the petition of Ray Adams to rezone a tract of land located at the southwest corner of Green Acres Road and Poplar Street from R -IA, Single Family Residential District to C-2, Thoroughfare Commercial District which.was 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, "A;7 ORDINANCE AMENDING ZONING ORDINA14CE NO. 1239, ANL REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, A'FROVED MAY 280 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-lA, SINGLE FAMILY RESIDENTIAL DISTRICT TO C-22 THOROUGHFARE COMMERCIAL , DISTRICT." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Jones and passed unanimously. The Ordinance was then read for the second time. Director Lancaster moved that the rule be further suspended and that the Ordi- nance be placed on third and final reading. The motion was seconded by Director Dunn and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordi- nance 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"Jones, Swartz, .McFerran,relton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. * Ordinance No. 1722 is on page 77 of Ordinance and Resolution Book 1. 3-72 The City Manager presented the petition of Carl Tune to rezone a tract of land containing 5.24 acres fronting on North Street and Leverett Avenue from I -IA, Light Industrial District to C-1, Neighborhood Commercial District which was 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 OR"INANXE AMENDING ZONI;G ORDINANCE N0, 12399 AND REVISED ZONING 1'I5TRICT MAY OF FA'_ETTEVILLE, ARKANSAS, APPROVED h1AY 282 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I -IA, LIGHT IF;R'STRIAL DISTRICT TO C-11 NEIGHBORHOOD CO11ERCIAL DISTRICT." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Jones and passed unanimously. The Ordi- nance was then read for the second time. 72 Director Dunn moved that the rule he further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Jones and passed unanimously. The Ordi- nance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. After a discussion, the '.Iavor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Jones, Swartz, rl "elton, Lancaster, and Dunn. "Nay" McFerran. There being five "Ayes" and only one "Nay", the hiayor declared the Ordinance passed. Ordinance No. 1723 is on page 78 of Ordinance and Resolution Book 1. Director iicFerran moved that the rlayor be, and he is hereb.v, authorized to execute a Release Deed to Richard kalden and Betty Walden for lots in Glendale Addition to the City of Fayetteville as follows: Lots numbered 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 120 13, 149 15, 16, 18, 19, 20, and 21 of Glendale Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the Office of the Circuit Clerk and Ex -Officio Recorder of iJashington County, Arkansas. The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Director Swartz moved that the Building Inspector be, and he is hereby, author- ized and directed to cause the following legal notice to be published in the Northwest Arkansas Times, one time only: LEGAL NOTICE Notice is hereby given to all persons concerned of a public hearing to he held by the Board of Directors of the City of Fayetteville, Arkansas. Date: February 2, 1970 Time: 7:30 P.M. Place: board of Directors room of the City Administration Building of Fayetteville, Arkansas. The purpose of the public hearing is to consider the enactment of an ordinance amending the Fayetteville Code of Ordinances to adopt by reference the provi- sions of the following technical code, regulations and standards: 1. National Electrical Code, NFPA No. 70, 1968 Edition, as issued by the National Fire Irotection Association. Three (3) copies of the foregoing Code, regulations, and standards are on file in the offices of the Cite Clerk and City Building Inspection and are available for public inspection. The notion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Helton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Director Lancaster moved that the City Clerk be, and she is hereby, authorized to execute a Supplemental Agreement to lease of airport property to the Federal Aviation Administration to conform with the Federal Aviation Administration policy. 3 The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Kelton, Lancaster, and Dunn. I "Nay" none. There being six "Ayes" and no Nays", the iiayor declared the motion passed. 1-74 The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entirety concerning a contract with the St. Louis, San Fran- cisco Railroad for a 6 inch water main crossing to be located in the south part of Greenland, Arkansas, and authorizing the City manager to execute said contract. Director Swartz moved that the Resolution be adopted. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, ;Melton, Lancaster, and Dunn. "Nav" none. There being six "Ayes" and no "Nays", the Mawr declared the Reso- lution adopted. * Resolution No. 1-70 is on page 20 of Ordinance and Resolution Book 1. 2-74 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 TO AMEND SECTIONS 10-28 AND 10-29, CODE OF ORDINANCES, CITY OF FAYETTEVILLE, ARKANSAS, TO REFLECT AN INCREASE IN RATES FOR GARBAGE AND TRASH SERVICES." Director Lancaster moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Swartz and passed unanimously. The Ordi- nance was then read for the second time. Director Jones moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Lancaster and passed unanimously. The , Ordinance was then read for the third and last time. The Mawr then declared the Ordinance open for discussion. After a discussion, the Mavor asked the question, "Shall the Ordinance pass? Upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mawr declared the Ordinance passed. * Ordinance No. 1724 is on page 79 of Ordinance and Resolution Book 1. 3-74 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 TO EXPRESS THE POLICIES OF THE CITY OF FAYETTEVILLE REGARDING AND CONCERNING THE MAINTE- NANCE AND CONSTRUCTION OF STREETS, CURB AND GUTTER, AND SIDEWALKS." Director Lancaster moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Dunn 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 third and final reading. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, and Dunn. "Nap" Jones. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed. The Ordinance was then read for the third and last time. The Mawr then declared the Ordinance open for discussion. After a•discussion, the Mawr asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, l,elton, Lancaster, ' and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the If�ayor declared the Ordinance passed. * Ordinance No. 1725 is on page 80 of Ordinance and Resolution Book 1. 74 4 The City Attorney introduced, and at the request of the .Hayor, read a proposed 1-75 ordinance in its entirety for the first time entitled, "AN ORDINANCE TO EXPRESS THE POLICIES OF THE CITY OF FAYETTEVILLE, ARKANSAS, REGARDING AND CONCERNING THE CONTINUED DEVELOPMENT AND MAINTENANCE OF THE FAYETTEVILLE WATER SYSTEM." No further action was taken, and the Ordinance was left on first reading. The City Attorney introduced, and at the request of the Mawr, read a proposed 2-75 ordinance in its entirety for the first time entitled, "AN ORDINANCE TO EXPRESS THE POLICIES OF THE CITY OF FAYETTEVILLE, ARKANSAS, REGARTING AND CONCERNING THE CONTINUED DEVELOPMENT AND i%AINThNANCE Orr A SEWER SYSTEM WITHIN SAID CITY." No further action was taken, and the Ordinance was left on first reading. Director Swartz moved that the Mayor and City Clerk he, and they are hereby, 3-75 authorized to execute a contract with the Alex Smith Construction Company for the demolition and removal of the °'ollowing residential buildings and at the amount specified: 405 1/2 gest Dickson Street w487.00 230 South Willow Avenue 5420.00 The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mawr declared the motion passed. The City Manager reported that bids had been received and tabulated for the 4-75 ' purchase of gasoline, diesel fuel, and kerosene for the coming year, and he recommended that bids he awarded to the low bidders as follows: Regular Gasoline Gulf Oil $ 1947 Premium Gasoline Cities Service Oil 1983 Diesel Fuel Gulf Oil .1161 Kerosene Gulf Oil 1261 Director McFerran moved to accept the City Manager's recommendation and award the bids for the purchase of regular gasoline at $ .1947, diesel fuel at $ .1161, and kerosene at $ .1261 to Gulf Oil; and the bid for the purchase of premium gasoline at $ .1983 to Cities Service Oil. The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, i+lelton, Lancaster, and Dunn. "Nay" none. There being six "Aves" and no "Nays", the Hayor declared the motion passed. Director McFerran moved to accept the resignation of Richard Wells as City 5-75 Attorney. Richard dells was appointed Municipal Judge of the City of Fayette- ville by Governor Rockefeller. The motion was seconded by Lirector Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, IdcFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Ways", the Mawr declared the motion passed. ' Director Swartz moved that the Ordinance regarding the Setting Up Of Certain 6-75 Standards For Merchant Security Officers, etc., be amended to require a bond of $5,000.0C for a Merchant Security Officer, and a bond of $1,000.00 for an Agent of a Herchant Security Officer. The motion was seconded by Director Dunn, and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Na' " none. There being six "Ayes" and no "Nays, the ?favor declared the motion passed. 75 N 1-76 The City Attorney, at the request of the Mayor, read a proposed ordinance in its entirety for the third time entitled, "AN ORDINANCE SETTING UP CERTAIN STANDARDS FOR MERCHANT SECURITY OFFICERS AND DECLARING SUCH TO LE A PRIVILEGE, LEVYING A ' TAX THEREON, PROVIDING FOR THE ISSUING OF PERMITS, FIXING THE PENALTY FOR VIO- LATION, AND FOR OTHER PURPOSES." The Mayor then declared the Ordinance open for discussion. After a discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordi- nance passed. * Ordinance No. 1726 is on page 83 of Ordinance and Resolution Book 1. 2-76 Director McFerran moved that the City Manager be, and he is hereby, authorized and directed to study the feasibility of participation by the City of Favetteville, Arkansas, in the Sunrise Mountain 'Wiater Improvement District on the basis described in the Engineering Report prepared by Fiahaffev & Associates, Inc., Consulting Engineers. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. The City Manager recommended that the following persons be appointed to Boards and Commissions: Library Board of Trustees Mr. E. L. Rudolph , Mrs. Charles B. Murphy Parks and Recreation Reappointment Mr. Claude Sutton Planning Commission Mr. E. H. (Al) Donaubauer 3-76 Director Dunn moved to appoint Mr. E. L. Rudolph and Mrs. Charles B. Murphy to the Library Board of Trustees. The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nav" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. 4-76 Director Jones moved to reappoint Mr. Claude Sutton to Parks and Recreation. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mawr declared the motion passed. j-76 Director Dunn moved to appoint Mr. E. H. (Al) Donaubauer to the Planning Commission. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Naysil, the Mayor declared the motion passed. 6-76 The City Manager recommended that Mr. David Malone be appointed City Attorney. , Director McFerran moved to appoint Mr. David Malone City Attorney. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, EicFerran, Melton, Lancaster, and Dunn. 76 0 "Nay" none. There being six "Ayes" and no 'Relays", the Mayor declared the motion passed. Director Lancaster moved that the City 14anager be, and he is hereby, authorized 1-77 to advertise for bids to be received at 9:00 A.M. on January 30, 1970, on seven (7) pick-up trucks and three (3) trucks with dump beds. The motion was seconded by Director Dunn, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Director Dunn moved that the City Manager be, and he is hereby, authorized to 2-77 purchase a vehicle from Luginbuel Funeral Home, Prairie Grove, Arkansas, for ambulance use in the amount of $2,500.00. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Jones and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: J� MARILYN i,: RE, CITY CLERK APPROVED: �� C. G. MELTON, JR., MAYO 77