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HomeMy WebLinkAbout1955-10-10 Minutes137: Petition he Petition of Chas A Mitchell, etal,twhich had been set for hearing at this time, came of Chasup for consideration, and after discussion, AldermanHunt made a motion that the petition Mi bhell Yee refdrred to the City Engineer to determine the present and possible future needs of City end utility companies regarding easements for lines in the area, this motion was seconded y Alderman Williams, and was passed unananimously. Alderman Richardson reported that the bills had heen approved by the auditing Committee, and made a motion that they be allov4ed as approved, this motion was seconded by Ilderman Alexander, amddwas passed unanimously. Tobuy The Mayor reported that he had received a bid from theHAILEY SALES CQ to furnish I FRONT END LOADER for a street department tractor at a cost of $580.50, Alderman McAlliter Fiont End fade a motion that the Mayor be authorized to purchase the LOADER, subject to the approval Loader of the Board;of Public Affairs, this motion was seconded by Alderman Lunsfol?d,and was passed unanmmously. The Mayor reported that he had a bid from Watson Tire Coto furnish two 14 -ply tires and tubes for atotal of $397.74, Alderman Parish made a motion that the Mayor be author 2i 4yply ized to purchase the two tires & tubes for $p397p50p this motion was sec6nded by Alderman Aiexander, and was passed unanimously by the Council. tires& -Tubes � At this time the L4ayor asked the City Clerk if he had received any answer to the Clay Yoe letter mailed to Clay Yoe, July 12, 1955,together with the report of the City Engineer on letthe survey a17d study made by him of the dam and spillway at Lake Lucile in the Clay Yoe I Subdivisioh in the Northeast part of Fayetteville. The Clerk reported that he had not re- np' ived any response to the letter at this time. answered T4�ere being no further business, AldermanBronson made a motuon to adjourn,this motion was -seconded by Alderman Alexander, and was passed unanimously, and the L4ayor declared the Council adjourned. Approved : -Attest May y Clerk Ll At the time of the adoption of the ordinance this frontage was considered by the ommission as on the border line between "E" Commercial and "G" Industrial Zones, and mie e zoned Either way, and it was finally put in the "E" Commercial Zone, It was the conser f the Commission at that time that later development might warrant a change, With an in- reasing use of property in this area generally, the Commission feels that it is now thee roper time to consider rezoning in compliance with the petition. At the preent time,most he buildings in the area are of little value as commercial buildings,and a rezoning wou e of advantage to all -the owners,as well as stableizing and increasing values by permitt greater variety of uses. It is recommended that the petition be granted and that a proper ordinance rezon his area be passed by the Council, subject to a change in the description.of the petitic his change in description will extend the north line approximately 75 feet North. As stated in our findings,it was determined that not all the property owned by le having frontages on West Sixth Street had been included in the petition. T he:;extra de o the north should be included in the rezoning, as none of these pieces can now be react: xcept from West Sixth Street, and under the terms of the zoning ordinances,these pieces, ven if zoned as in a residential area,could not be used for residential purposes because hey have ho frontage on a street or avenue as required by the ordinance, All the extra ortions are more than 150 feet north of Sixth Street and north of the present First Fire one, but are actually attached to and a part of the properties fronting on West Sixth St nd cannot be used In any other way. The Commission therefore recommends that the additic roperty be included in the rezoning just as if they had been ihcluded in the petition. The Commission recommends that the following described property be rezoned Commercial and "D" Residential areas t6 "G" Industrial area. of M ayetteville City Council met in regular session, Monday, October 10, 1955. resent: Mayor Roy A Scott, City Clerk J.W.McGehee, City Attorney A.D.McAllister, City ngineer W.C.Smith,City Auditor Albert Jones, City Building Inspector Harold Lieberenz, Tolice Chief Pearl Watts, Fire Chief Burl Skelton, and Aldermen : Richardson,Parish,Hunt, Llunsford, Williams, •MCAllister,Bronson and Alexander. I{inutes of the regular meeting of September 26�h were read and approved. Petition She Petition of Geo.Puckett for rezoning a certain tract fronting on North side of West 6th to rezone street came up for hearing, and the report of the Planning Commission was presented by the by Geo. Clerk, the REPORT being as follows: Puckett REPORT OF PLAIdIQIlIG COb4i^ISSION on Rezoning: In the matter of the petition of George Puckett for rezoning of a certain tract fronting on the North side of West Sixth Street,(Highway 62)between Razorback Road and South Garland Avenue. I This petibtion was referred to the Planning Commission by the City Council. T he Commission at a duly called meeting held on October 7th with a quorum present, has care `eI jlZlly considered the above petition and makes the following findings and recommendations:. FINDINGS: The property affected is at the present time zoned in part as "E" Commer- cial and part as "D" Residential ares. At the time of the adoption of the Zoning Ordinance the portion zoned as "E" Commercial area extended northerly 150 feet from the established �orth line of West Sixth Street, (then known as Highway 62, or Wall Street). This distance was used so as to conform to the Fire Ordinance which had placed this portion in the Firs1t1 Fire Zone. To the best obtainable information,the owners of the tracts fronting on West Slxt Street all own a greater depth than 150 feet. On the South side of West Sixth Street opposite the property affected, on both sides of Sixth Street west of Razorback Road, the properties are now zoned as "G" Industrial aril a. The Phipps mill property is just across Sixth Street to the south. The lands i.nclu�ed In the petition are of the same 13eneral character and used similarly as those south and west. Ll At the time of the adoption of the ordinance this frontage was considered by the ommission as on the border line between "E" Commercial and "G" Industrial Zones, and mie e zoned Either way, and it was finally put in the "E" Commercial Zone, It was the conser f the Commission at that time that later development might warrant a change, With an in- reasing use of property in this area generally, the Commission feels that it is now thee roper time to consider rezoning in compliance with the petition. At the preent time,most he buildings in the area are of little value as commercial buildings,and a rezoning wou e of advantage to all -the owners,as well as stableizing and increasing values by permitt greater variety of uses. It is recommended that the petition be granted and that a proper ordinance rezon his area be passed by the Council, subject to a change in the description.of the petitic his change in description will extend the north line approximately 75 feet North. As stated in our findings,it was determined that not all the property owned by le having frontages on West Sixth Street had been included in the petition. T he:;extra de o the north should be included in the rezoning, as none of these pieces can now be react: xcept from West Sixth Street, and under the terms of the zoning ordinances,these pieces, ven if zoned as in a residential area,could not be used for residential purposes because hey have ho frontage on a street or avenue as required by the ordinance, All the extra ortions are more than 150 feet north of Sixth Street and north of the present First Fire one, but are actually attached to and a part of the properties fronting on West Sixth St nd cannot be used In any other way. The Commission therefore recommends that the additic roperty be included in the rezoning just as if they had been ihcluded in the petition. The Commission recommends that the following described property be rezoned Commercial and "D" Residential areas t6 "G" Industrial area. of M 138 Part of the Southeast quarter of the Southeast quarter of Section 17 and of the Southwest the Southwest quarter of Section 16,Township 16 North,Range 30 West, described as follgws: Beginning at a point 524 feet north of the Southwest corner of said Southeast Quarter the Southeast Quarter of Section 17, thence east:ito the west line of Garland Avenue as at esent located, thence in a southerly direction along the west line of Garland Avenue to e North line of West Sixth Street, thence in a westerly diredtion along the north line West Sixth Street`.to the west line of the said Southeast Quarter of the Southeast Quar- r of said Section i7, thence North along said west line of said Southeast Quarter of utheast Quarter of said Section 17,243 feet, more or less to the point of beginning." EXPLANATION. Under Section 22 of the zoning ordinance, entitled "Changes and endments" there appears this sentence* " Aproposed amendment, supplement or change may initiated by the Planning Commission." This clause non§titutes the authority to the mmission to recommend an ellargement of the area included in Mr. Puckett's petition. ction 22 also provides as follows: proposed change in a Zoning District may be initiated by one or more owners or lessees thin the area proposed to be changed". (s) W.H.Pryor Chairman,City Planning Commissi iter discussion,on the petition, Alderman McAllister made a motion that the hearing be stponed for further study, this motion was seconded by.Alderman Parish, and was passed animously. u At this time a reost from the Fayetteville Public School was presented by t'. erk, Being in the following form: September 28, 1955 Fayetteville City Council Dear Sirs: This is a request asking you to consider the closing of Meadow Street f r through trafffic from School Street to West Street. Vie are asking this to be effectil only in the one block, and from 8:30 A.I. to 4:00 P.M.on School days only. Request RIEASONS FOR THIS REQUEST: elpsingof First -One hundred forty Junior High School children are crossing this street a art of in the middle of the block,passing to and from classes in the main building and the Annex. Meadow St T ese are grade seven children,the youngest class in Junior High School, and are always it for the a hurry to meet their classes because of the limited time allowed. School SECOND- There are only four houses on this block and two of them are on the corners. THIRD- We have nearly seventy students in our Junior High School Band. It is t o far for them to go to Harmon Playfield for Matching practice during the one period which they 13ave for band. Our physical education classes are extremely large and use all c the play space on the campus at all periods of the school day, This leaves our band with no place to practice marching. We have thousands of dollars invested in band uniforms ane bund instruments,and naturally we feel that we sholud use them to the best advantages pos- Able. If this block were closed to through traffic, it would provide a fair place for oul band to practice matching. FOURTH- If permission is given us to use this block,we will be responsible for setting up the signs at 8:30 A.M. and taking them down at 4:00 P.D4.. FIFTH - I have personally contacted all the people living on the block,and non of them have any objections to the plan as above stated, Most of them said that they wool like to see it closed to through traffic. The plan which I have outlined to them was that they come and go as usual,taxies.laundry, vismtors, or others would come and go to their h mes as usual. In the interest of safety and welfare of the students of our Junior High Scho w5 are asking that you give this request full and immediate attention, and we hopethat yo can see fit to granjs our request. SITdCERELY, (s) W.RATJIEY,Prihcipal Fayetteville Junior High School. A ter discussion, Alderman Parish made a motion that the request be approved on a tempora basis,, this motion was seconded by Alderman Richardson, and was passed unanimously. A Petition calling for a referendum vote on the passage df Ordinance No. 1094, Referen- b ssed and approved by the City Council, on the 12th daft of September, 1955,and entitled dui on " AN ORDINANCE AURHORIZING THE PURCHASE OF TRAFFIC CONTROL SIGNALS AND APPROPRIATING THE traffic SUM OF $10,500.00 TO MAKE SUCH PURCHASE FOR THE CITY OF FAYETTEVILLE, ARKANSAS", was present •li hts by the City C1erk2Alderman Alexander made a motion that the petition be received and refer to the City Clerk to check the sufficiency of names appearing on the petition,this motioni w s seconded by Alderman Richardson, and was passed unanimously. The City Attorney introduced a RESOLUTION ditecting the City Clerk to publish no- t ce of a hearing on the question as to whether such petition is signed by the required number of petitioners,Alderman Richardson made a motion that the RESOLUTION be adopted, Tis.motion was seconded by Alderman Bronson, and was passed unanimously. yy COPY OF RESOLUTION N0. 17-55 led WHEREAS, a petition for referendum of Ordinance No. 1094,entitled, AN ORDINANCE 1' THORIZING THE PURCHASE OF TRAFFIC CONTROL SIGNALS AND APPROPRIATING THE SUM OF $10,500.00 MAKE SUCH PURCHASE FOR THE CITY OF FAYETTEVILLE,ARKANSAS,passed and approved by the City uncil of the City of Fayetteville,Arkansas,on the 12th day of September, 1955s was filed th the City Clerk on the 8th day of October, 1955, NOW,THEREFORE,BE IT RESOLVED: 1. That the City Clerk be and he is hereby directed to give notice to all interested rsons that on the 24th day of October,l9559 at 7:00 O'Clock P.M., in the Council Room at Le City Administration Building will hear all persons who wish to be heard on the question to whether such petition is signed by the required number of petitioners. 2, That said notice shall be published in the Northwest Ar}Sansas Times at least five days prior to the date fixed for hearing upon said petition. PASSED and APPROVED this 10th day of October, 1955. Approved �. Attest: May ti r (' . 0 • L 139 The City Attorney introduced a RESOLUTION ordering a REFERENDUM ON ORDINANCE NUM1BER 10840 Aderman Richardson made a motion that the Resolution be adopted, this mottion was seconde by Alderman Williams, and was passed unanimously. V" •Y� COPY OF RESOLUTION N0. 18-55 WHEREAS, a petition for referendum on Ordinance Number 1084,entibled,"AN ORDINANCE V�THORIZING THE -INTRODUCTION OF FLOURINE INFO THE DRINKING WATER SUPPLY SYSTEM WHICH SER, CES THE CITY OF FAYETTEVILLE I ARKANSAS 2 PROVIDING FOR REGULATION OF FLUORIDATION,AND FOR OTHER PURPOSES" passed and approved by the City Council on the 20th day of June,1955,was faled with the City Clerk on the 5th day of July, 1955,and the City Clerk has certified to the Council that the petitions contain the names of more than fifteen per cent (150) o!' the total vote cast for Mayor at the last general election at which a mayor was voted upon, and WHERSAS, the City Council of the City of Fayetteville, Arkansas,finds that the petitions are sufficient to order a referendum upon the Ordinance; Id,OW,THEREFORE, BE IT HESOLVED,BY THE CITY COUNCIL OF THE CITY OF FAYEiTEVILLE,ARKANSAS: FA Section 1. That a referendum election upon the afosaid ordinance be, and it.is ereby called and ordered to be held on Tuesday,November B, 1955, between the hours of :00 O'Clock A.M. and 6:30 O'Clock P.M. Section 2. That the title of the ballot shall be in the form as provided in said -tition, as follows: ORDINANCE NO. 1084 it AN ORDINANCE AUTHORIZING THE INT RODUCTU ON OF FLUORINE INTO TITE DRINKING WATER PLY SYSTEMWHICH SERVICES THE CITY OF FAYETTEVILLE,ARKANSAS 9PROVIDING FOR THE REGULATI( FLUORIDATION, AND FOR OTHER PURPOSES" FOR ORDINANCE NO 1084 AGAINST ORDINANCE NO. 1084 Section 3. That the election shall be conducted in the manner now provided by lawl or municipal elections and notice of the election shall be given by the Mayor by advertise - ant for one ihsertion at least T_erL ((!)days before the date of the election in a newspaper f general circulation,published in the City of Fayetteville, Arkansas,and having a bona ide circulation therein; and by proclamation issued by the Sheriff of Washington County, rkansas, and posted at each of the places fixed for holding such election and two or more ublic planes within the corporate limits of the City of Fayetteville, Arkansas; and that he result of the vote shall be canvassed and declared by the County Election Commissions Section 4. This Resolution shall take effect on and after its passage, and the City lark be and he is hereby directed to deliver a certified of this Resolution to each member f the Washington CountyElection Commission within three (3) days following the date of the assage thereof PASSED and APPROVED this 10th day of October, 1955. A /i 11 if r �� Approved: Attest _9/- 9'YI4 v or erc The City Attorney introduced a RESOLUTION directing the City Clerk to deliver a certi f Ordinance No 1096 to each member of the Washington County Election Commissilon, Ald illiams made a motion that the Resolution be adopted, this motion was seconded by Ald arish, and was passed unanimously. COPY OF RESOLUTION N0. 19-55 RESOLVED , that the City Clerk be and he is hereby dircted to deliver one certifi4 opy of Ordinance No. 1096 to each member of the Washington County Election Commission ithin threet(3) days from the passage hereof. PASSED and APPROVED this 10th day of October, 1955, Approved Attest gj - or Ci y arc At this time the petition of Ellis E.Shelton,H.R.Lindsey,etal to close a certain 10foot alley, came up for consideration, and the Clerk presented the report of the Planning Commission, which is as follows: m_,,��J++u�.�'�_ } Report of Planning Commission_ Pd; p In the matter of the petition of H.R.Lindsey,etal for vacation of a certain alle3 t a duly called meeting of the Planning Commission held on October 7,1955,with a quorum present, the above matter which had been referred to the Commission by the City Council as considered by the Commission, and which makes the following findings and recommendati FINDINGS. This alley is ten feet wide and is located between Oklahoma Wa3} and Sun it Avenue, and to the best of our information has never been used for alley purposes,exc For installation of certain public utilities. The South end of thed alley does not connec with any street or alley, and is cut off by property owned by the City of.Fayetteviblle, s used by it for its reservoir system. The North end connects with an alley running east ar west between Oklahoma Way and Summit Avenue,but which alley is sb steep that it could not possibly be used as a means of ingress and egress. The Hillside is very steep be3,ween 414ilahoma Way and Summit Avenue, and some of the property is held by owners with frontage on both streets,but divided by the alley. None of the owners are using it as an alley anc re in fact treating it as though it does not exist and as a part of their own property. The petition is signed by all the owners in compliance with the Statutes of the tate of Arkansas,with the exception of the City of Fayetteville, owner of Lot 8,Block 6, arrison's Addition to the City of Fayetteville, which lot fronts on a portion of the all it the south end. It is the belief of the Commission that this is not a fatal defect. f the Council passes an Ordinance granting the vacation, it is our belief that such an 9rdinance would have the same effect as if the City had signed the petition and would be a substantial compliance with the Statutes. This position is borne out by an.oral opinmor given the Commission by the City Attorney. 140 Ellis dhelton P �tition etterf Gas Co. aout G s line 1 o buy C rtifi- ce e of deroosit with Sevongs Accts. Bu Tvoewrit RECOIMENDATION. The Planning Commission by unanimous vote recirnmends that the petition granted and that the Council pass an Ordinance vacating this alley,subject only to a ervation by the City of an easement for public utilities. I nied (s) VJ.H.Pryor' Chairman, City Planning Commission. A ter discussion, Alderman Richardson made a motion that the petition be denied, this mo- tfion was seconded by Alderman Lunsford, and was passed unanimously. I. The petition of Arkansas Fuel Oil Corporation,.etal asking that portions of a certain alley and street be vacated, came up for consideration, and the Clerk presented the report of the Planning Commission, which was as follows: In the matter of the petition of Arkansas Fuel Oil Corporation, etal for vaca- tion of portions of a certain alley and street. At a duly called meeting of the Planning Commission, to whom this petition had been referred by the City Council, which meeting was held October 7th,the petition was daly considered. Without discussing the merits of the petition at this time, the Commission finds that the petition is defective in that it does not comply with Statutory requirements,in th it is not signed by all the owners. The report of the abstract company shows that Standard Oil Company of Louisiana, a Lou2'Vd ana Corporation is the owner of a portion of the proper affected. This Company has not signed the petition, Instead.it is signed by Esso Standard Oil Company, a Deleware Corporation, which company has no title of record. The petition should be retuned to the petitioners for correction, either by ob- taining the signature of Standard oil`Company of Louisiana, to Esso Standard Oil Company, a al Deleware Corporation, or by such other legal method that will satisfactorily show that Esso Standard Oil Company,a Delaware Corporation is entitled to sign the petition. (s) W.H.Pryor, Chairman, City Planning Commiss erman Richardson made a motion that further action on the petition be deferred till er, this motion was seconded by Alderman Williams, and was passed unanimously. The petition of Chas A Mitchell, etal, which had been referred to the City Engi- er to determine the present ai}d f�it.grq,reo st ,f the City and Utility Companies regardin sements for lines in this area✓and Tie reports that the Arkansas Western Gas Co. was th ly utility that had any lines in that area at the preent time, and a letter from the s Company was presented at this time, a copy of which was as follows: September 30, 1955 Mr Carl Smith City Engineer, City of Fayetteville. Dear Carl: .I have checked on our facilities which lay within the area between nsonAvenue and MT.Sequoyah Drive that has been petitioned to be closed.We have a two-inc ne in the alley that lies between Vinson and Read Streets which begins at Maple Street d extends north in this alley to Company Street. At this point,it turns east on Company rest and extends east beyond the intersection of Read Street. Should this area be closed, we would find it rather difficult to render service to is area. As you know,we cannot have a building erected over our gas Lines due to hazard; volved. I trust that this information will be sufficient for you; but if you should rem ire any additional information, tlease advise. Very truly yours; Arkansas Westerh Gas Coppany (s) James L.Walker, Assistant Operating Manager ter discussion, Alderman Bronson made a motion that action be postponed till later, thi tion was seconded by Alderman Lunsford, and was.passed unanimously. The City•Building Inspector presented the application of John A.Reed for a permit move a garage at 304 North College Avenue, Alderman Hunt made a motion that Permit . 1842 be issued to J.A.Reed, provided he used asbestos siding on the garage, this mo- on wasfseconded by Alderman Richardson, and was passed unanimously. The Building Inspector presented the application of Bryce Davis for a permit er6c!t a building on the alley back of the building occupied by Seer%S.?oebuck, Co, derrnan Richardson made a motion that permit No.1846 be issued to Bryce Davis, this moti s seconded by Alderman Lunsford, and was passed unanimously. Alderman Richardson reportedothat the bills had been approved by the Auditing mittee, and made a motion that they be allowed, as approved, this motion was seconded Alderman Alexander, and was passed unanimously. Alderman Richardson stated that the City Auditor had been informed by the aIlroy bank that the Bank Examiner had ordered them not to pay interest on SAVMNGS ACCOU'.I f the City any more. And Alderman Richardson made a motion that the City Auditor,lulayor rid Treasurer be authorized to purchase certificates of deposit with the funds now in avings Account, since the certificates of deposit would draw the same rate of interest s the SAVINGS AC^OUNTS, this motion was seconded by Alderman Hunt, and was passed unan- rously. Alderman Richardson reported that the Business Office was in need of a TYPEwRITE nd that the City Auditor had received some bids, but the best bid received was on a Roya lectric for a price of (P395,00.plus $7.90 Sales tax, less trade in of the old machine of 95.00 or a net cost of jP307.90, and made a motion that the City Auditor be authorized to uy the electric typewriter for $307.90,. this motion was seconded by Alderman Bronson; hich was passed unanimously. The Mayor announced the appointment of D.J.Burleson as a member of the Civil Appoint Service Commission to take the place made vacant by the death of Jack Phillips, Alderman D.IJ.Burle- ichardson made a motion that the appointment be approved, this ;notion was seconded by soon To .lderman Alexander, and was passed unanimouly. Civil Serve There being no further business, Alderman Bronson moved to adjourn, seconded by Alderrr Alexander, which was passed unanimously, and the Mayor declared the meeting adjourned. ATTEST:// ' %/7 TY CLERK APPROVED : MAYOR at I •