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HomeMy WebLinkAbout1951-10-06 MinutesJ 40 Fayetteville City Council met in regular session Monday, Octber 8th, 1951. Present:•Mayor Powell M.Rhea, City Clerk J,W,MoGehee, City Enginer John Mahaffey, City Attorney A. D,McAllister,'City Aiiditor'Harold'F.Zick, City Sanitarian Jas: Coe, Fire Chie Bu•tl Skelton and Aldermen; -Richardsons Burge, McGoodwin, Willams,Kincaid, Heflin and Kent. Absent: Alderman Pratt. Minutes of the regular meeting of September 24th were read and approved. C!C.Farley Mr.C,C.Farley appeared before the Council with a request for some relief from an excessi water bill water bill for the month of August, after discussion, Alderman Kincaid made a motion the the matter be referred' "to the Water Committee for further investigation, this motion was seconded by Alderman Kent and was passed unanimously by the Council. Committee A Committee from -"the P.T.A of Leverett School appeared before the ,Council with a from PTA petition signed by a large number of residents and property owners, which was as follows with a We, the undersigned- hereby petition the Council of the City of Fayetteville to: petition 1. Take the necessary proceedures to construct a sidewalk,starting at Leveret for side- Schbol and extending north on Garland* walk on N.Garland 2; To consider the immediate placing of' -caution aawbifi= School Children, School Zone. -Slows no passing road signs, pedestrian lanes, caution lights on North Gar- land and aldo on Highway"16 beyond the Highway 16 and Garland intersection.we request that similar signs be placed on the three other streets approaching Leverett School. We feel these are essential for the immediate protection of the children until the sidewalks can be constructed. 3. To reconsider the"placing of Street lights as was formerly petitioned. We feel these things are.especially important -now that this area is becoming more and more highly pou-�ated and the Junior and Senior High School students need the walks and street lights. After discussion, Alderman Richardson made a motion that the City Engineer and City Attirney be instructed to prepare"the necessary legal papers and descriptions neces sary for the Council to order in sidewalks on the East side of Garland Avenue from Cleve land Street -north to the City limits and that the City Engineer be instructed tp prepare sidewalk grades -for the'proposed sidewalk," this motion was seconded by Alderman Williams and was passed unanimously by the Council. Hailey The City Engineer presented the application of Hailey Sales Co. for a permit t Bldg per. erect a concrete block building'on North 71, Alderman Kent made a motion that Building mit permit No.574, be approved and a permit granteds"this motion was seconded by Alderman McGoodwin and was passed unanimously by the Council. Cert No 2 Alderman McGoodwin made a motion that the Engineer's Certificate No.2 for constr for roof work on the roof of the concrete reservoir No 1, by the E,V,Bird Construction Co, amoun onlreser- ing to $614.16 be approved, this motmon was seconded bynAlderman Williams, and was pass voir - unanimously by the Council. The City Attorney introduced an Ordinance, entitled "ANORDINANCE TO AMEND ORDINA NUMBER 1002,KNOWN AS THE ZONING ORDINCE. The Ordinance was read in its entirety by the City Attorney, Alderman Kent made motion that the rules be suapended and the Ordinance placed on its second reading, this motion was seconded by Alderman Burge and was•passed unanimously by the Council. The City Attorney then read the Ordinance the second time and after discussio Alderman McGoodwin made a motion that the rules be further suspended and the Ordinance placed on its third and final reading, this motion was seconded by Alddrman Kent, and ti^t passed unanimously by the Council. The City Attorney then read the Ordinance the third and final time. The Mayor then put the question, "shall the Ordinance pass?", and on roll call by the Clerk, the following vote was recorded; Ayes: ?Richardson,Burge, McGoodwin, Williams, Kincaid, Heflin'and Kent. Nays:None. Absent -and not -voting: Pratt. And the Mayir decl the Ordinance passed, as there were 7 Ayes and no Nays. ORDINANCE NU114BER 1005 AN ORDINANCE TO AMEND ORDINANCE N0;100.2 RELATING TO REGUKATING PLANNING AND ZONI r WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, REGULATING AND RESTRICTING THE USE OF LAND A LOCATION OF BUILDINGS DESIGNED FOR SPECIAL USES; REGULATING AND RESTRICTING THE LOCARI OF TRADES AND INDUSTRIES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS; REGULATING AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES; REGULATING AND LIMITING THE DENSITY OF POPULATION; DIVIDING THE CITY INTO DISTRICTS AND ESTABLISHI BY REFERENCE A ZONING MAP, SETTING FORTH THE BOUNDARIES OF SAID DISTRICTS FOR SAID PU:RP ES; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES AND FIXING THE TERMS OF OFFICE OF THE MEMBERS THEREOF; . PROVIDITIG FOR PEIU4ITS AND CERTIFICATES OF OCCU- PANCY, AND PROVMDING THAT IF ANY CLAUSE,SENTENCE, SECTION, PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, THAT SUCH INVALIDITY SHALL NOT INVALIDATE TIS REMAINDE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCILCOF THE CITY OF FAYETTEVILLE, ARKANSAS, 1. That Section -Four' (4)2. AREA REQUIREMENTS,of Ordinance No.1002, passed and approve s'eptember 10, 1951, be amended to read as follows: " SECTION 4 AREA REC,UIREMENTS-. In the "B" Two-family Residence District, every dwelling hereafter erected or"structuralay altered'shall provide a lot area of not less than sev thousand"(7,000) square "feet per building, and not less than three thousand five hundre (3,500)square feet per family unit; provided",' however, that where a lot has less than th area herein required and -the plat thereof.has been duly recorded, as provided by law, in the office of the Recorder of Deeds of Washington County, Arkansas, said lot may be occupied by not more than ome family." 2. That Section Five (5). AREA REQUIREMENTS, of Ordinance No. 1002, passed and appro September 10, 1951, be amended to bead as follows: SECTION 5 AREA REQUIREMENTS. In the "C" Multiple Family Residence District every buildi: hereafter erected or struturally altered for family dwelling purposes,(provideddhowever that hotels and tourist courts shall not be construed to mean family dwellings for the purposes;:of this section), 01 06 /) 1- Iq soluti tid4eto s an dinance (ORBINANCE N0. 1005 CONTINUED) hall provide a lot area of not less than seven thousand (7,000)square feet ,per building, nd not -less than -two thousand (2.;000) -square feet per family; provided, however, that wh lot has less than the area.herein3required and the -plat thereof has been duly recorded, s provided by law in the office ofthe Recorder of Deeds of Washington County, Arkansas, aid lot may be occupied by not more than one family." . That Section Sbven317)AREA 'REQUIREMENTS, of Ordinance No. 1002, passed and appribved eptember 10. 1951, be amended to read as follows: "SECTION go AREA REQUI-AEMENTS. In the "E" Commercial District any building or port, eof erected or struturally altered for dwelling purposes shall comply with the area ements of the "C" Multiple Family Residence District." 4. That Section Twenty --Seven (27) of Ordinance No. 1002, passed and approved Sept er 10, 1951,be amended to read as follows: SECTION 27. WHEN"EFFEET IVE. This ordinance being''necessary for the future growth of 'ayetteville; Arkansas, for the purpose of planning a coordinated, adjustedeandharmoniov evelopment of tPie said City and for the &afety,:morals� order, convenience, prosperity nd general welfare of the citizens; efficiency and economy in the process of development n the convenience of traffic;safety from fires and other dangers, adequate light and air; ;ood civic design 'and arrangement;'wise'-and efficient expenditurerof public funds; .dequate provisions for -public -utilities; and other public-requirements,an"emergency is Lereby declared and this ordinance shall be in'full force and effect from and after its assage and approval and filing of three (3) copies of same in the office of the City Cle or inspection and view by the publie;the publi.catioh of netice to the public that same I een filed, and the filing of all maps,'plats, charts and descriptive matter in the offic if the City -Clerk and a certified copy thereof filed"'in the office of the Circuit Clerk nd Ex -officio Recorder of Washington County, Arkansas." i. All ordinances or parts of ordinah6es inuonflict herewith shall be and the same are iereby repealed, and'that this ordinance shall be in full force and effect from and afte: .ts passage, approval and publication. PASSED and APPROVED this Gth day of October, 1951. derman Burge introduced the following resolution and moved its adoption, seconded by • derman McGoodwin, and on roll call by the Clerk was passed unanimously by the Council. RESOLUTION. o BE IT RESOLVED BY THE C17 Y COUNCIL OF THE CITY OF FAYEPTEVILLE, ARKANSAS: That the City Clerk of the"City of Fayetteville, Arkansas be -and he is hereby irected to give"notice"by"publioati6n for one time in the -Northwest Arkansas Times, a nOpaper having a general circulation within the City of Fayetteville, Arkansas, the Following notice: " NOT ICE Notice is hereby given that the City Council- of the City of Fayetteville, rkansas is -considering the-paWge of an ordinance relating to the storage, handling and se of flamable liquids as set forth in the code the National Fire Protection Associatioi esignated as " Pamphlet NFPA No.30-L"and that the requisite number of copies of said amphlet are now on file in the office of the City Clerk of the City of Fayetteville, rkansas and are oren to -inspections public examination and view; and that the City Coun• it will•hear all �,nterested parties at its next regular meeting to be held on October 23 1951s, • . Adopted this Sth day of October, 1951 ,X Clerk Approved ( 3 I �t]:= :.. Aderman Kent reported that the bills -had been signed and made a motion that they be al - wed as approved, this motion was seconded by Alderman Heflin and was passed unanimousl the Council. _ tter Alderman Kent, chairman of the Finance rommittee,presented a letter from Harold out Zick, City Auditor, which- stated that it was.time to be letting the contract for the ty aud" 1951 audit for the•City, and that Mr Hugh R Scarbrough had -made the 1949 & 1950 audit it was his recommendation he be given the contract, Alderman Kent made a motion that the Mayor be instructed to write Mr Sc broulgh asking the estimated time it woukd require to make the, audit and fora schedule of his fees, this motion was seconded by Alderman Kincaid, and was passed unanimously by the Council. 2 i ao lderman Burge introduced "ADK ORDINANCE PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE RECTION OF BUILDINGS WIT H EIGHT 'INCH BRICK OR EIGHT INCH TILE WALLS AND REPEALING ALL ORDINANCES IN CONFLICT THEREWI'T'H, AND FOR OTHER PURPPSES. The Ordinance was read in its"entiretyby Alderman Burge, who made a motion that the rules be s-Aspended and the Ordinance placed on its second reading, this motion was seconded by Alderman Richardson and was passed unanimously by the Council. Aldermari-Burge then read the Ordinance the second time, and after discussion, Alderman Williams made a motion that the rules be further suspended and the Ordinance placed on its third and final reading, this motion was seconded by Alderman Kent and was gassed unanimously by the Council. Alderman Burge then read the'Ordinance the third and final time . The Mayor then put the quest ion' "Shall the orsnance pass?", and on roll call by the Cler he following vote -was recorded`; Ayes: Richardson, -Burge; McGoodwin, Williams, Kincaid, Heflin and -Kent. Nays: Nona. Absent and"not voting;Pratt. And the Mayor declared the Ordinance passed, as there were 7 Ayes and no Nays. Alderman Richardson- made'a'motion that the emergency. clause be adopted, this lotion was seconded by Alderman Kent; and on roll call'by the Clerk, the following vote utas'recorded;-Ayes3Richardson,-Burge; MoGoodwin, Williams, Kincaid, Heflin and Kent. Nays:None: Absent and not voting :Pratt. And the Mayor declared the emergency clause dopted, as there were 7 Ayes and no Nays. ORDINANCE N0. 1006. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE ERECTION OF BUILDINGS ITH EIGHT INCH BRICK OR EIGHT INCH TILE WALLS AND REPEALING ALL ORDINANCES IDI CONFLICT I1FREW1TH9 AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS; Section 1. Where in present ordinances reference is made to the issuance of permits or the erection of buildings with eight ihch brick,eight inch concrete block, eight inch ile or eight inch masonry walls where the area is small and the height not more than one tory,the term "Area" shall`mean a building having an inside floor space of not to exceed 00 square feet 'and the outside of said eight inch walls shall be not closer --,than five feet o property lines. Section 2. -All ordinances or parts of ordinances in cdnflict herewith are hereb ealed and it appearing that requirements of the City of Fayetteville as set forth in inances heretofore existing have created an undue burden on the construction of build- s as defined in Section l.of this ordinance and have made unreasonable requirements necessary for the preservation of the public peace, health and safety, an emergency i eby declared t'o'exist-'and this ordinance'shalkl be in full force and effect from and er its approval, passage and publication. PASSED and APPROVED this 8th day of October, 1951, gq e - �_­ gity Clerk - Approved : Mayor derman McGoodwin made a motion that Alderman Richardson be authorized to attend a meet - the Airport Commission at Norman, Oklahoma, with expenses paid from Oklahoma City, since will be over at Oklahoma City Attending another meeting, this motion was seconded by drman Kent and was passed unanimously by the Council. Alderman Williams made. a motion that the Mayor,City Attorney, Municipal Judge and an Alderman that might attend be authorized to attend the meeting of the Arkansas Municipal Lieague to be held in Little Rocky October 16th Ac 17th of Octobers this motion was seconde by Alderman Richardson and was passed unanimously by the Council. A..letter from the Planning Commission was presented, which was as follows: Letter 'from Planning October 4, 1951 Commissions with To the Mayor and City Council of Fayetteville. recommendation At -a duly called meeting of the Planning Commission,held September 28th, at the office of H.L.Utley- it was unanimAusly agreed by all present that the Council consid the following recommendation: "In all cases where streets or alleys are proposed to be vacated, that hereaf no vacation be granted -unless the -City reserves.an easement for public utilities in the sltrip proposed to be vacated. This requirement would not be necessary in thdse cases wher ` streets and/ alleys are being vacated so that adjoining property could be replatted, with new streets and alleys provided in lieu of those proposed to be vacated." t'J,H,Pryor Chairman of Planning Commissions Alderman McGoodwin made a motion that the recommendation be approved and that the letter be placed on record in the minute's of the Council meeting, this motion.was seconds by Alderman Kent and was passed unanimously by the Council. 0300.00 Alderman Williams made -a motion that the ;300.00 check paid by the Washington check County Fair for a CARNIJXAL Licen6e be'returned to the Washington County Fair, this motio, rieturned we.s seconded b Alderman Heflin and was to Wash. y passed unanvunously by the Council. Co.Fair There being no further business, Alderman Williams moved to adjourn, seconds by Alderman Kent,'which was passed unanimously by the Council, and the Mayor declared the Council adjourned. Attest Approved y Cleric ayor ,;