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HomeMy WebLinkAbout1955-04-04 Minutesx'02 iyetteville City Council met in regular.session, Monday, April 4th, 1955. resent: Mayor Roy A Scott, City Clerk J,W,McGehee, City Attorney[ A.D.McAllister, City igineer W.C.Smith, City'Auditor Albert Jones, City Building Inspector Harold Lieberenz, )lice Chief Pearl Watts, Fire Ch6ef Burl Skeltpn,and"Aldermen: Richardson,Parish, Hunt, znsford, Williams, McAllister, Bronson and Alexander. James G Minutes of the regular meeting of March"21st were read and approbede oe resign'h9e resignation of James G.Coe as City Sanitarian,-effeutiiy§ 11 15th; 1955, was presented, aOd Alderman- Bronson made a motion that the resignation, an 6te of appreciation be exI t" ended to Mr. Coe for the excellent service rendered to resignation., City during the four years of hi"s employment by the City; this motion was sec6nded by Alderman Richardson, and was passed unanimously by the Council. Burnett I The Petition of P.H;Burnett frAY rezoning came up -for a hearing, and the Clerk pre Petition rented the report of the Planning Commission, which was as follows: or re -zoning In the matter of the.petition of P.H.Burnett for rezoning a portion of Westwood Iddition to the City of Fayetteville. The Planning Commission at a duly called meeting held December 3rd, with a quoru presenthhave duly considered the above prtition and recommend that the petition be grants d that the area described in the attached petition be rezoned from "C" Residential area do "G" Industrial area. Comment. This subdivision was platted some time before the adoption of the Zoning Ordinance, and if all the facts had been presented to the Commission at the time the Zont Ordinance was adopted this area would have been recommended for inclusion in the "G"Indus trial area. . All that portion of the plat of Westwood Addition lying north of the railrc track is now zoned "G" Industrial. -An examination of the plat of this subdivision disclos that immediately to the south-$ Commerce' Street is•platted as 60"fee't wide, or ten feet wi than most of the streets in Fayetteville: Farther. -that the lots included in this area, a wider than average lots having a fromtage of at least 100 feet, and extending north from Commerce Street•to the railroad tracks. This tract was surveyed by W.C.Smith, now City Engineer and he informs us that tY. P,, rpose in so'laying out -these lots was for the avowed purpose of using them for Industri purposes: Mr.'Burnett was not aware that the property had not been zoned for Industrial purposes, and as Col. Smith was in Germaby at the time of the adoption of the Ordinance,' the Planning Commission was hot aware of the purposes for which these lots werecintended. In the event that this tract is rezoned, this cannot be considered as a case of Spot Zoning, but rather of enlarging the present "G" Industrial Zone to the North,so as t include property of a similar nature lying south of the railroad track. The Planning Commissiontherefore, recommends that this petition be heard at the specified in the Ordinance, being the first meeting in January, and that the hearing be duly advertised as required by the Ordinance. (s) W.H.Pror C a rman y P anningommissibn At this time the City Attorney introduced " AN ORDINANCE AMENDING ORDINANCE N0. 1 08 APPROVED OCTOBER 22, 1951,REA:FIRMING- AND ADOPTING BY REFERENCE THERETO ZONING ORDI- Nh-NCE N0. 1002 APPROVED SEPTEMBER 10,1951,AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOB 8I.•19519AS AMENDED TO RE -ZONE CERTAIN REAL ESTATE FROM ZONE "C" RESIDENTIAL DIIST RICT TO ZONE "G" INDUSTRIAL DISTRICT. The Ordinance was read in full by the City Attorney, and Alderman Richardson n motion that all the rules be suspended, and the Ordinance passed, this motion was sec Alderman Parish, and on roll call by the Clerk, the following vote was recorded:Ayes chardson, Parish; Hunt, Lunsford, Williams, McAllister, Bromson and Alexander. Nays:N id the Mayor declared the Ordinance passed, as there were 8 Ayes, and no Nays. ime 9 Alderman Richardson made a motion that the Emergency clause be adopted, this motion was seconded by Alderman Williams, and on roll call by the Clerk, the following vote was recorded:'Ayes: Richardsono Parish, Hunt, Lunsford, Williams, McAllister, Bronson and Alexander.P?ays:None And the Mayor declared the emergency clause adopted, as there were 8 Ayes, and no Nays. COPY OF ORDINANCE N0. 1079. AN ORDINANCE AMENDING ORDINANCE NO. 1008 APPROVED OCTOBER 22,1951,REAFFIRMING AND ADOPTING BY REFERENCE THERETO ZONING ORDINANCE NO 1002 APPROVED SEPTEMBER 10,19510AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOBER OCTOBER 83 1951,AS AMENDED TO RE -ZONE CERTAIN - �._:.' REAL ESTATE FROM ZONE "C" ]RESIDENTIAL DISTRICT TO ZONE "G" INDUSTRIAL DISTRICTS I WHEREAS, on the 5th day of October., 1954, there was filed,'n the office off the City Clerk of the City of Fayetteville, Arkansas,the petition of P:H:Burnett, asking that the following described reak estate be re -zoned from "C" Residential District, to Zone "G Industrial District, to -wit: All that part'of Blocks Four (4), and Five (5) Westwood Addibion to the City of Fayetteville, Arkansas,lying south of the St.Louis-San Francisco Railroad Right of Way an North of Commerce Avenue (now street),and I WHEREAS,the Planning Commission of the City of Fayetteville,Arkansas ,recommended tib the Fayetteville City Council that "the said above described real estate be re -zoned as requested in said petition, and WHEREAS,NOTICE OF THE TIME AND PLACE FOR HEARONG upon 'said petition was duly pub lished by the City Clerk in the form andmanner and for the time required by law, affordin, all interested parties a full and equal opportunity for hearing thereon, NIW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE9ARKANSAS : SECTION 1.That the following described real estate situated within the corporate limits of the City of Fayetteville, Arkansas, be and the same is hereby re -zoned from "C" Residential to Zone "G" Industrial District, to -wit: All that•of Blocks Four (4), and'Five (5) Westwood Addition to the City of Fayetteville, Arkansas., lying south of the St.Loilis-Sanfrancisco Railroad Right of Way and North of Commerce Avenue (now street). L7 103,: SECTION 2. That all ordinances and parts of ordinances in conflict with this ordinance ire hereby repealed and this action being necessary for the public health,safety,order, • comfort and convenience within the City of Fayetteville,Arkansas,an emergency is hereby declared to exist -and this ordinance shall be in full force and effect •from and after it passage and approval. I PASSEDAND APPROVED this 4th day of April, 1955. 'Approved Attest: 9r. Ra r y Clerk. The petition of Lonnie Shook, Etal., came up for hearing at this time, and the Clerk pre - Petition sented the report of the Planning Commission; which was as follows: to rezone) In the matter of the petition of Ray Adems,Nora B.Adams and Lonnie Shook for the postponed rezoning of the East half of Blocks 7,8,9'& 10,Ferguson's Addition to the City of Fayette,, Ville. This matter.has been duly considered by the Planning Commission but final report cannot be made at this time. It is therefore requested that the hearing on this petition be continued until the next regular meeting in April, probably April 18th. (s) W.H.Pror Chaanninng comm seri alderman Richardson made a motion that hearing on the above petition be postponed till April 18th.,this motion was seconded by Alderman Bronson, and was passed unanimously by the Council. The Petition of G.M.C1ark,Etal., came up for hearing at'this time,and the Ulerk presented•thereport of the Planning Commission,which was as follows: In the matter of the petition of G.M.Clark,etal,for rezoning of a certain trac Petition bounded nn the north by Dic#son Street, on the east by Duncan Avenue, on the south by o rezone Will isms Street, and on the west by Buchanan Avenue. stponed I - The Planning Commission has had several meetings on this matter,hearing repre- sentations by the petitioner Clark,and also opposing property owners in the area. �fter careful consideration of all the facts', it is recommended that the petlbtion be den it this time and'that the property remain in its present zone"B". In arriving at this conclusion, we have carefully considered the area as a wh and all members of the Planning Commission have personally viewed the property. Vie feel that the best interests of the City are recognized in making this recommendation and at the same time we are aware that at a later'date,it may be advisable to change our position and recommend rezoning. (s) W.H.Pr or C y an ng Comm ss on {after discussion, Alderman Bronson made -,a motion that the hearing on the above petition be postponed until next regular meeting, April 18th2this motion was sedonded by Alderman Williams.. which was passed unanimously by the Council, The Building Inspector presented the application of F.E.Brooks for a permit Po build a small building for the purpose of storing the trash from the storeq Fairway #2), and stated that the walls were already up, built of comcrete blocks, and with a concrete Floor, Alderman Richardson made a mention that permit No.1636 be approved to F.E.Brooks, provided he add an approved roof,•this motion was seconded by Alderman Alexander,and was passed unanimously by the Council. The Building Inspector presented the application of Paul Ball for a permit, �lderman Richardson made a motion that Permit No.1646 be issued to Paul Ball, this motion as seconded by Alderman Alexander, and was passed unanimously by the Council Glen Wing appeared before the Council to complain about T ankersly wholesale Tankers- Locker Plant operating in violation of an Ordinance of the City, Alderman Hunt made a motio lr Plant y Lock- that the matter be referred to the Building Committee, this motion was seconded by Alderman ek1liams, and was passed unanimously by the Council. Alderman Parish brought up 'ghe question of the need for sidewalks in the vie ewalk ity of the new elementary School being built on Highway No.45, Alderman ivilliams made a 45 �otion that the matter be referred to the Street Committee to work in conjunction with hway Superintendent of Schools, Wayne White in planning for the sidewalks, this motion was se onded by Alderman Bronson ,and was passed unanimously by the Council. Alderman Richardson reported that the bills had been approved by the Audit Committee, and made a motion that they be allowed, as approved, this motmon was seconded by Alderman Alexander, and was passed unanimously by the Council. Alderman Richardson Presented.'. "AN ORDINANCE FIXING RATES FOR AIRPORT LIMOU. NE SERVICE. REQUIRING A BOND, FIXING A TAX ON AIRPORT LIMOUSINE SERVICE;DECLARE AN MIE R- ENCY; AND FOR OTHER PURPOSES."Said Ordinance having been left, on its first reading at t egular meeting of the Council March 21, 19550 The Ordinance was read in full the secola nd after discussion, Alderman Richardson made a motion that in Section 1, the words r Student Union Building"be deleted, and the Ordinance made to read "University of Arkans uildings on the Campus", this motion was seconded by Alderman McAllister, and was passe nanimously by the Council. f I Alderman Richardson made a motion that the Pules,becsiispended and $he Ordinance read the third time, "this motion was seconded by Alderman Bronson, which was passed unahi- ously by the Council, The Ordinance was then read the third and final time. cq Then after another discussion about the delivery point of passengers at the University, (lderman Williams made a motion that the former motion be rescinded, and that the Ordinanc pe made to read " Student Union Building",this motion was seconded by Alderman Li& ford,arid • pn roll call by the Clerk, the follaing vote was recorded: Ayes: Parish,Hunt, Lunsford, g�lilliams,and Bronson.Nays: Richardson,McAllister-and Alexander. And the Mayor declared the otion carried, as there were 5 Ayes, and 3 Nays. he Mayor then put the question, "Shall the Ordinance pass?, and on roll call by the Cle is following vote was recorded: Ayes:Richardson, Parish, Hunt, Lunsford, Williams,MCAll •onson and Alexander. Nays:None. And the Mayor declared the Ordinance passed,.,as there Ayes, and no Nays. 104 E Alderman Richardson made a'motion that the emergency clause be adopted, this moti( as seconded by Alderman Williams; and onsrollr.call by -the Clerk, 'thefollowing vote was ecorded:'Ayes: Richardson,Parish, Hunt,Lunsford,Williams, McAllister,Bronson and Alexanc ays:None. And the Mayor declared the emergency clause adopted, as there were 8 Ayes,and o Nays. COPY OF ORDINANCE.NO. 1080. AN ORDINANCE FIXING RATES'FOR AIRPORT LIMOUSINE SERVICE;REQUIRING A BOND;FIXING TAX ON AIRPORT LIMOUSINE SERVICE;DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION I."AIRPORT LIMOUSINE SERVICE" IS HEREBY DEFINED TO BE THE FURNISHING OF IMOUSINE SERVICE BETWEEN TT, c.V;AYETTEVILLE MUNICIPAL AIRPORT, known as Drake Field,and he Washington Hotel;Mountair `Hotel,University of Arkansas Student Union Building,Westerr ethodist Assemby-Headquarters Building,and Union Bus Station Terminal in the City of ayetteville, Arkansas. "Limousine Service" is hereby defined to be transportation service over the treats of Fayetteville, Arkansas, in a type of automobile -commonly referred to as a imousine and having a manufacturer's seating capacity of at least six (6) persona, inch ng theo driver, SECTION 2. No person, firm or corporationengaged in airport limousihne service hall receive passengers at any point except the Fayetteville Municipal Airport,Washing. on Hotel, hiountain, otel,University of Arkansas Student Union Building,Western Methodist ssembly"Headquarters Building, or Union Bus Station Terminal in the City of Fayetteville rkansas. Section 3. It is hereby declared to be a privilege for any person,firm, or corp ation to furnish airport limousine service and no person, firm,or corporation shall enga n such undertaking without first paying to the City"Clerk an annu�; ,��,,,gqense fee of Fifte 15) Dollars for the year 1955, and -Twenty Five ($25.00)Dollars'fo 195'6,and each year hereafter,for the privilege of engaging in such business or trade, and without paying in ddition $5.00'annually for each passenger vehicle used on the streets of the City of Fay tteville, Arkansas,in furnishing such airport limousine service. SECTION 4. Any person,firm; or corporation furnishing airport limousine service Lall charge a fare"for such service, as follows: One Dollar (;51.00) per passenger one wa om point to point;children aged two '(2) to twelve (12) half fare when accompanied by an ult;children under two (2) years of age ,free. SECTION 5. No person; firm, or corporation shall fuenish airport limousine ser e unless and untilsuch person,firm, or corporation shall have furnished and shall have led with the City Clerk of -the City of Fayetteville, Arkansas, an insurance policy writ n by ani insurance company approved by the City Clerk, which policy shall bind the incur ce company writing -same to indemnify up to the amount of Five Thousand Dollars (,$5,000, y person, firm, or corporation suffering any personal injury or property damage from th gligent or otherwise faulty operation of such airport limousine service. provided;however, that in lieu of fuenishing said IN insurance policy a person rm. or corporation operating;airport limousine service may give to the City Clerk a atement or other satisfactory assurance that there has been deposited in any Fayettevil nk the sum of Five Thousand Dollars(,$52000.00)in cash which shall be available at all mes for the payment of any damages lawfully assedsed against any such person, firm,or rporation from the operation of such airport limousine service. Section 6. It is hereby declared to be a misdemeanor for any person, firm,or corporation to violate any of the provisions of•this ordinance and such violations shall, upon conviction, be punishable by a fine of not less than Five Dollars ($y5.00) and not more than Two Hundred Fifty Dollars (;250.00) or imprisonment for not less than one day(1, and not more than thirty (30) days or both fine and impris&nment. SECTION 7. That if any section of this ordinance bhall,:be: •declared to be unconstitutional that the remaining sections of this ordinance shall be deemed valid and in full force and effect. SECTION 8. Because adequate transportation service between the Fayetteville Municipal Airport and other points in Fayetteville is lacking and urgently needed at the present time,and because this ordinance will assist in making such service available; and because there is grat danger of loss and injury to citizens of Fayetteville unless and until airport limousine service shall give adequate assurance of a financial ability to meet any damages that may be occasioned from its operation; and because this ordinance is found to be essential for the preservation of the public peace, health, and safety,an e✓iergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage. -PASSED AND APPROVED on this 4th day of April, 1955. Attest; Approved: Ci y Clerk Ma ay settlement nds from The City Auditor presented a letter from the State Highway Department agreeing to a of settlement and distribution of the funs left on deposit from the sale of Surplus Dands along the Highway No. 71 By-pass, being as follows; Balance in Fund $728100'50 Due State of Ark. 6;268:59 Balance due City 1,541•.91 /Aderman Richardson made a motion that the City Auditor and City Attorney be authorized to accept the proposed settlement and to make the dthstribution of the fVnds cc r�di a��, This motion was seconded by Alderman Alexander, and was passed unanimously ty tiel c o sell I Alderman Richardson made a motion that the Mayor be authorized to ask for bids on oin a HAND OPERATED COIN COUNTER, which was not being used by the City,this motion was secon ounter by Alderman Bronson, and was passed unanimously by the Council Alderman.-iBr.orison made a motion that the City Engineer be authorized to employ extra help ar make a master survey of the City Park, this motion was seconded by Alderman Rlchardsopsa was passed unanimously by the Council. of x 0 ff s .e I P�lderman Hunt made a motion that the City Engineer be directed to make a survey of the business District with re&erence to SEP BACK LINES, and'to make recommendations to the Council, this motion was seconded by Alderman Alexander, which was passed unanimously by the Council. Alderman Williams introduced a Resolution asking the State Highway Department to resurface the -pavement on North College Avenue from Trenton Boulevard to 0a©'rirnyersection of Highway 16,and made -a -motion that the"resolution be adopted, this motion was seconded �j by Alderman McAllister, and was passed unanilously by the,Council. RESOLUTION NO 6-55 Request to WHEREAS, the Anchor Construction Company is presently engaged in widening and in resurface Droving U,S'.HighW aY=No. 71and 62 from Springdale,Arkansas South into the corporate limits Coof the City of Fayetteville,Arkansas,and llege Ade. I- 19HEREA32said Contracter has on hand the facilities for laying hot asphalt mix NOW,THEREFORE,BE IT RESOLVED: 1. That the Arkansas State Highway Department be and it is hereby requested to surface with hot asphalt mix,the•pavement on College Avenue Aesignated as U.S.Highway .71 and 62 from Trenton Boulevard to the intersectio with Ste Highway No 16, all withi e corporate limits of the City of Fayetteville, Arkansasp Passed and•Approved this 4th day of April, 1955. Approved : Attest P,a i y C er Fent on he question of the amount of rent being paid by Swift & Co, for the Building on the North - Swift corner of the Off -Street Parking -Lot, now leased by the City of Fayetteville, came up for Bldg 4iscussion2 and Alderman -Williams made a motion that the P,Sayor-be instructed to write a letter to Swift 8: Co, that their rent would be raided from p50.00 per month to $100.00 per onth, this mption was seconded by Alderman Hunt, and was passed unanimously by the Council. Alderman Richardson introduced "AN ORDINANCE REGULATING THE BURNING OF TRASH, LUP,IBER,LEAVES, PAPE R, ST -RAW, BRUSH, GRASS, OR ANY OTHER COMBUSTIBLE A' fATERIAL,ETC.,PRESCRIBING PENALTY THEREFOR, AND FOR OTHER PURPOSES." TIE ORDINANCE WAS READ IN FULL TITE FIRST TIME, and by consent was left on its f6rst reading. Alderman Richardson made a motion that E.J.Ball be appointed as a member of the RROJ Ball Board of Assessors for Improvement District No.56, this motion seconded by Alderman Bronson Asessof and was passed unanimously by the Council. for Imp. There being no further Business, Alderman Bronson made a motion to adjourn, seconded District 56 by Alderman Alexander; which was passed unanimously by the Council, and the Mayor declared the Council adjourned. Attest Approved 9 C y er c Iola r Fayetteville City Council met in regular session, Monday, April 18th, 1955. Present: Magor RoyA Scott$ City Clerk J.W.McGehee, City Attorney,A.D.McAllister,City Engineer W.C.Smith, City Auditor Albert Jones, City Building Inspector Harold Lieberenz, ;jire'Chief Burl Skelton; and Aldermen: Richardson,Lunsford,Williams, Bronson and Alexander, Absent: Alderme Parish,Hunt and PdcAllt�ster (laterin the session, Alderman Parish and McAllister Appe ed and were enrolled asppresent) Minutes of the regular meeting of April 4th; were read and ar:-proved. equest 4 request that a light be installed at the corner of 13th and Washington, signed by 16 people living in that vicinity was presented, and Alderman Alexander made a motion that the for Light request be -referred to the Street Lighting Committee, -this motion was secdinded by Alderman at 13th ichardson, and was passed unanimously by the Council. & Washington At this time the Planning Commission's report on the Petition of Lonnie Shook,Etal, of the East half of Blocks 798,9 &10,Ferguson's Addition, was presented, being as follows: REPORT OF PLANNING COMMISSION. In the matter of the petition of 'Ray Adems,Nora B.Adams,and Lonnie L.Shook for the rezoning of the east half of Blocks 7,8,9 & 10 of Ferguson's Addition to the City of Fayette- ville. At the present time the above described property is zoned as "C" Residential. The West half of these Blocks is now zoned as "E" Commercial. Petitioners ask that the above de- scribed real estate also be zoned as "E" Commercial. Mr Shook has recently bought the East �Ialf-of the Block lying between 5th and 6th Staeets,and bordering South Locust Avenue on the east. On this tract there is an old frame building which -has been.in•that area for many years, and whicg Mr Shook is now usltng as a ,achine shop. Acroos Locust Street to the east of the property bought by Mr.Shook there are three residences and also the Second Baptist Church. South of Sixth Street,there are no occupbed premises,and only to the west in an area now zonedr"E" Commercial,are there any buildings adjoining. After a careful consideration of the area,by personal inspection by most of the I of the Planning Commission, it is recommended that the petition be granted,subject however,to written statement by the owners of the three houses and by the Second Baptist .. Church that they do not object to the rezoning.* Two of these homessare owned by Rev.N.V.Drake.or his daughters,and the third one is owned by Mr.L.Harvey. With this is handed you a statement signed by Mr.Harvey than he has no objection to therezoning, and we -,:are assured by both Mr.Shook and his Attirney, • Price Dickson that similar statements will be presented covering the other two houses and the church. We have been informed that the official board of the church has approved the petitiori and that at a congregational meeting similar action was taken.It is anticipated that these statement will be presented before action by the Council is taken. (S) tW.H.Pryor, Chairman Planning Commission. ( At this time the Clerk present 4greement to the above rezonin by the above mentioned parties: N.V.Drake and daughters and the Second Baptist Church.