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HomeMy WebLinkAbout1956-10-22 MinutesThe Fayetteville City Council met in regular session Monday October 22, 1956. • Present: Mayor Roy A. Scott, City Clerk -Auditor Albert J. Jones, City Attorney A. D. McAllister, Jr., City Engineer W. C. Smith, City Building Inspector Harold Lieberenz, Police Chief Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson, and Alexander. Minutes of the regular meeting held Monday October B. were read and approved. As there were several guests in attendance because of the rezoning ordinance which had been left on its first reading at the October 8 meeting, the Mayor opened the meeting to anyone who wished to be heard. Mr. Rex Perkins, stated that he had been contacted by a member of the Phi Beta Phi Sorority and that he was of the understanding that Mr. J.K. Gregory who had appeared on behalf of the Sorority's rezoning petition had dbjected to a proposed ordinance which would prohibit ingress and egress into Ila Street. Mr. J. K. Gregory stated that Mr. Perkins had been misinformed in that he had not.and did not object to the proposed ordinance. After further discussion the Mayor requested the City Attorney to read'the proposed ordinance. Whereupon the City Attorney read in its entirety an ordinance entitled, "An Ordinance to Redude the Congestion of Traffic in the Vicinity of the Intersection of Ila Street and Wilson Avenue within the Corporate Limits of the City of,Fayetteville Arkansas." (Copy of Ordinance No. 1116 AN ORDINANCE TO REDUCE THE CONGESTION OF TRAFFIC IN THE VICINITY OF THE INTERSECTION OF ILA STREET AND WILSON AVENUE WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE Ord. ARKANSAS. # 1116 WHEREAS, the narrowness of and the volume of traffic on Ila Street, and particu- larly near the intersection of Ila Street and Wilson Avenue, located in a residential area within the corporate limits of the City of Fayetteville, Arkansas, has the effect of congesting the intersection of Ila Street and Wilson Avenue, and impeding the movement of traffic along Ila Street near said intersection, and WHEREAS, the location of at least one fraternity house and the prospective lo- cation of at least one sorority house to house approximately seventy-five (75) girls within the near proximity to said intersection and the lack of adequate parking facilities within the immediate area increase general existing traffic congestion,and WHEREAS, the prospective sorority contemplates the creation of a parking area on property adjacent to Ila Street for approximately fifty to seventy-five motor vehicles for members and guests of the sorority, and WHEREAS, to allow the large volume of motor vehicles of themmembers, guests, and service agencies of the sorority to enter the sorority property from Ila Street tends to further impede traffic, and in addition thereto, constitutes a danger to the life, limb and property of other motorists, pedestrians and others residing on and using Ila Street, and WHEREAS, it.is the opinion of the City Council of the City of Fayetteville, Arkansas that the best method by which the above mentioned conditions nearest the inter section of Ila Street and Wilson Avenue may be remedied is to prohibit entrance or exit of any and all motor vehicles to or from any part of the sorority property to Ila Stree by preventing ingress or egress to Ila Street by such vehicles to and from any part of the sorority property real estate adjoining the south side of Ila Street. WHEREAS, representatives of the property owners adjoining the hereinafter des- cribed real estate appeared before the City Council and upon being afforded an oppor- tunity to be heard did not object to the adoption of this ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That hereafter no motor vehicle of any kind shall have ingress or egress into Ila Street within the corporate limits of the City of Fayetteville, Arkans • to or from any part of the sorority real estate adjoining the south side of Ila Street such sorority property being more particularly described as follows: to -wit: After the reading of the ordinance, an4 objection was raised that no consent of the parties involved was incorporated in the ordinance. After a breif discussion, the City Attorney was instructed to change the ordinance so as to eliminate the objection and that while he Was so doing the Council would go on to further business. Alderman Richardson reported that the bills had been approved by the Finance Committee and moved that they be allowed as approved. The motion was seconded by Alderman Alexander and passed unanimously. authorize Alderman Parish read the report of the Aviation Committee, and then moved that the preliminary Mayor be authorized to submit a preliminary application for Federal Aid for improvement apVlication to Drake Field. The motion was seconded by Alderman Williams and passed unanimously. for Federal Aid improve Drake The City Attorney then read the ordinance which he corrected. Whereupon the Mayor Field, opened the meeting for anyone who wished to be heard on the corrected ordinance. As no one asked to be heard, Alderman Richardson moved that the Ordinance pass. The motion was seconded by Alderman Williams and upon roll call by the Clerk the following vote was recorded: "Yes", Aldermen Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson, and Alexander. "Nos," none. Whereupon the Mayor declared the ordinance passed. t (Copy of Ordinance No. 1116 AN ORDINANCE TO REDUCE THE CONGESTION OF TRAFFIC IN THE VICINITY OF THE INTERSECTION OF ILA STREET AND WILSON AVENUE WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE Ord. ARKANSAS. # 1116 WHEREAS, the narrowness of and the volume of traffic on Ila Street, and particu- larly near the intersection of Ila Street and Wilson Avenue, located in a residential area within the corporate limits of the City of Fayetteville, Arkansas, has the effect of congesting the intersection of Ila Street and Wilson Avenue, and impeding the movement of traffic along Ila Street near said intersection, and WHEREAS, the location of at least one fraternity house and the prospective lo- cation of at least one sorority house to house approximately seventy-five (75) girls within the near proximity to said intersection and the lack of adequate parking facilities within the immediate area increase general existing traffic congestion,and WHEREAS, the prospective sorority contemplates the creation of a parking area on property adjacent to Ila Street for approximately fifty to seventy-five motor vehicles for members and guests of the sorority, and WHEREAS, to allow the large volume of motor vehicles of themmembers, guests, and service agencies of the sorority to enter the sorority property from Ila Street tends to further impede traffic, and in addition thereto, constitutes a danger to the life, limb and property of other motorists, pedestrians and others residing on and using Ila Street, and WHEREAS, it.is the opinion of the City Council of the City of Fayetteville, Arkansas that the best method by which the above mentioned conditions nearest the inter section of Ila Street and Wilson Avenue may be remedied is to prohibit entrance or exit of any and all motor vehicles to or from any part of the sorority property to Ila Stree by preventing ingress or egress to Ila Street by such vehicles to and from any part of the sorority property real estate adjoining the south side of Ila Street. WHEREAS, representatives of the property owners adjoining the hereinafter des- cribed real estate appeared before the City Council and upon being afforded an oppor- tunity to be heard did not object to the adoption of this ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That hereafter no motor vehicle of any kind shall have ingress or egress into Ila Street within the corporate limits of the City of Fayetteville, Arkans • to or from any part of the sorority real estate adjoining the south side of Ila Street such sorority property being more particularly described as follows: to -wit: 196 Section 2. Any person, firm or corporation violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than One Dollar ($1.00) nor more than Twenty-five Dollars ($25.00). Section 3. It appearing that traffic conditions in the area nearest the intersection of Ila Street and Wilson Avenue are extremely congested and will become more congested with the addition of a new sorority house located upon said above des- cribed real estate, and it appearing that this ordinance is necessary for the preser- vation of the public health, peace and. safety, and emergency is hereby declared to exis and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPRW ED THIS 22ND DAY OF OCTOBER, 1956. ATTEST: APPROVED: s RO A. SC , MAYOR Alderman Lunsford moved that the emergency clause be adopted. The motion was seconded by Alderman Williams and passed unanimously.. Alderman .Richardson moved that Ordinance No. 1117 for rezoning be passed. The motion was seconded by Alderman Williams and upon roll call by the Clerk the following vote was recorded "Yes," Aldermen: Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson, and Alexander. "Nos," none, whereupon the Mayor declared the ordinance passed (Copy of Ordinance No. 1117) Ord, AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1008 APPROVED OCTOBER 22, 1951, REZONING AND # 1117 ADOPTING BY REFERENCE THERETO ZONING ORDINANCE N0, 1002 APPROVED SEPTEMBER 100 19519 AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOBER 81 1951s AS AMENDEDL; TO REZONE CERTAIN REAL ESTATE FROM ZONE "A" RESIDENCE DISTRICT TO ZONE "C" MULTIPLE FAMILY RESIDENCE DISTRICT; TO REZONE CERTAIN REAL ESTATE FROM ZONE "C" MULTIPLE FAMILY RESIDENCE DISTRIC TO ZONE "G" INDUSTRIAL DISTRICT; AND TO REZONE CERTAIN REAL ESTATE FROM ZONE "B" TWO- FAMILY RESIDENCE DISTRICT TO ZONE "D" MULTIPLE FAMILY DISTRICT. WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas has reco- mmended to the Fayetteville City Council that the following described real'estate be rezoned from Zone "A" Residence District to Zone "C" Multiple Family Residence District to -wit: An area bounded on the South by Maple Street, on the east by Fallon Avenue on the.North by Assembly Drive and on the West by Mission Boulevard, within the Corporate limits of the City of Fayetteville, Arkansas; and, WHEREAS, the planning commission of the City of Fayetteville, Arkansas has reco- mmended to the Fayetteville City Council that the following described real estate be rezoned from Zone "C" Multiple Family Residence District to Zone "G" Industrial District, to -wit: All thatarea not now assigned as Zona "G" Industrial lying between the main track of the St. Louis and San Francisco Railroad on the west and the main track of the spur track sometimes known as the P and GE or the 0 and CC railroads and now owned by the St. Louis and San Francisco Railroad as the east boundary; and 6th Street sometimes called Wall Street at U.S. Highway No. 62 as the South boundary and west"Center Street as the North boundary,and WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, ahs reco- mmended to the Fayetteville City Council that the following described real estate be rezoned from Zone B two -Family Residence District to Zone D Multiple Family Residence District, to -wit: A tract of land lying between two parallel lines, one 150 feet, and the other 226 1/2 feet north of and paralled with the north line of Maple Street -and extending from Vandeventer Avenue to Wilson Avenue, within the corporate limits of the City of Fayetteville, Arkansas, and WHEREAS, pursuant to due notice to all interested parties in the form and manner required by law, this is the time, place and date fixed for hearing upon the„aforesaid recommendations of the City Planning Commission, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the following described real estate situated within the corpoirat limits of the City of Fayetteville, Arkansas, be and the same.is hereby rezoned from Zone "A” Residence District to Zone "C" Multiple Residence District, to -wit: An area bounded on the south by Maple Street on theeast by Fallon Avenue, on the north by Assembly Drive, and on the west by Mission Boulevard, within the corporate limits o. the City of Fayetteville, Arkansas. • a • 197 Section 2.'That the following described real estate situated within the corporat limits of the City of Fayetteville, Arkansas be and the same is hereby rezoned from • Zone "C" Multiple residence District and Zone "G" Industrial District, to -wit: All that area not now assigned as Zone G industrial lying between the main track of the St. Louis and San Francisco Railroad on the west and the main track of the spur track sometimes known as the P and GE or the 0 and CC railroads and now owned by the St. Loui and San Francisco Railroad as the east boundary; and66th street sometimes called Wall Street at U -.S. Highway No. 62 as the south boundary and West Center Street as the north boundary. Section 3: That the following described real estate situated within the coroorat limits of the City of Fayetteville, Arkansas be the same is hereby rezoned from Zone "B" Twd-Family Residence District to Zone "D" Multiple Family Residence District, to-wi A tract of land lying between two parallel lines, one 150 feet, and the other 226 1/2 feet north of and parallel with the north line of Maple Street; and extending from Vandeventer Avenue to Wilson Avenue within the corporate limits of the City of Fay- etteville, Arkansas. Section 4: The provisions of this ordinance are severable and if any part of this ordinance shall be declared invalid or unconstitutional the remaining parts of this ordinance shall remain valid and constitutional. Section 5: That all ordinances and parts of ordinances in conflict t1th this ordinance are hereby repealed and this action being necessary for the public health, peace, safety, order, comfort and convenience within the City of Fayetteville, Arkansas an emergency ishereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS 22ND DAY OF OCTOBER , 1956. APPROVED: ATTEST: ALBE ES, CITY CLERK R A.r SCOTT, MAYOR 0 Alderman Lunsford moved that the energency clause be adopted. The motion was seconded by Alderman Williams and passed unanimously. The Mayor then reported that he had had several conferences with S.. R. Williams, who was responsible for the accident with the Fire Chief and that he claimed he was unable to pay and that he was leaving the state. The Mayor next reported that an accident had occured where the new traffic light had been installed at Highway 71 and North Street. After a brief discussion Alderman Williams moved that the Mayor write the State Highway -)Department about painting stripes to narrow the south bound traffic from two lanes to one, north of North Street on College Avenue. The motion was seconded by d1lderman Richardson and passed unanimously. Alderman Lunsford then asked the City Engineer to explain the property line at the Fire Station. After the explanation and discussion the matter was tabled for further study. The City Building Inspector then presented the application for permits that required Council approval and they were acted upon as follows: Alderman Bissett moved that the application of the Fullbright Investment Company for building permit number 2244 be approved. The motion was seconded by Alderman Alexander and passed unanimously. Alderman Alexander moved that the application of the McIlroy Bank for building permit Nf�cIlroy number 2245 be approved providing that an easement be granted to the bank for laying Drive-in a pneumatic tube in the alley from the drive-in bank to the main bank building on Center Bank Street. He further moved that the City Attorney be authorized to draw up the necessary permit easement. The motion was seconded by Alderman Bissett and passed unanimously. The City Building Inspector t�eri reported that the Trailer Ordinance recently passed would be in conflict with the` rg Ordinance. Whereupon Alderman Richardson moved that the Building Inspector and the City Attorney draw up an amending ordinance to take care of this situation for the next council meeting. The motion was seconded by Al- derman Alexander and passed unanimously. Alderman Bissett introduced Ordinance No. 1118 w1hich was read in its entirety by the Clerk. After the reading of the ordinance Alderman Bissett moved that the ordinance pass. The motion was seconded•by Alderman Lunsford and upon roll call by the Clerk the following vote was recorded. "Yes," Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson, and Alexander. "Nos," none, whereupon the Mayor declared the ordinance passed. 0 : ! • m 4" ORD. # 1118 wis os. Co. ear ase t Bldg. Pro -tem (Copy of Ordinance -1-118) ORDINANCE AUTHORIZING THE PURCHASE OF TRAFFIC CONTROL SIGNALS AND APPROPRIATING THE SUM OF $129500.00 TO MAKE SUCH PURCHASE FOR THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, the Board of Public Affairs has recommended the purchase by the City of Fayetteville of traffic control signals for use on the public square and vicinity of said city; and WHEREAS, Ordinance No. 1111 heretofore adopted by the City Council provides for the placing andmaintaining of traffic and pedestrian control signal lights on the publi square in vicinity of said city; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the sum of 122500.00 be and the same is hereby appropriated fror the General Funds of the City of Fayetteville, Arkansas, for the purpose of purchasing and installing traffic control signals for use on the public square,,and vicinity of said city. Section 2. That the Mayor and City Clerk of the City of Fayetteville, Arkansas be and the same are hereby authorized to execute such contracts.asmmay be required to effect such purchase. Section 3. That all ordinances and parts thereof in conflict herewith are here repealed and this ordinance shall be in full force and effect from and after its pass and approval. PASSED AND APPROVED THIS 22ND DAY OF OCTOBER 1956. APPROVED: ATTEST* ROYC , OR a4QF - ALBERT U ONESy CITY The Mayor then reported that Lewis Brother's Hardware was interested in leasing the old Swift and Co. building on the "Off Street Parking Lot" at the same rental of the previous tenants. .Whereupon Alderman Bissett moved that the Mayor be authorized to enter into a 5 year'lease at the agreed rental and that the Mayor be further authorize to have the roof fixed. The motion was seconded by Alderman Williams and passed unanimously. Alderman Holland reported that.with the use of the New Pak? -:Mors that the Sanitation Department was ready the first of the month to take two of the old trucks out of servic and lay off three men. Alderman Holland then requested the Mayor to put an announcemen in the paper for the householders to mix the trash and garbage so it would be easier fo the collectors. The City Attorney then read a letter he had received from a Fort Smith Firm who were acting as special counsel fortthe Fort Smith Municipal Airport. As it was not clear what course of action they were requesting the City to follow, the City Attorney was instructed to obtain additional information, acid report back to the Council at its next meeting'. Alderman Bronson introduced an ordinance entitled "An Ordinance Prohibiting the Sale of Goods on Sunday, and penalty therefore, exceptions thereto, and for otherl�purposes.'� The ordinance was read in its entirety by the Clerk and left on its first reading. The Mayor then reported that he would be out of town.from Wednesday noon until Sunday and asked the Council to appoint a Mayor Pro -tem. Whereupon Alderman Richardson moved that Alderman Williams be appointed Mayor Pro -tem. However Alderman Williams thanked the Council but stated that he would also be out of town and that he moved Alderman Bronson be appointed Mayor Pro -tem. .The motion was seconded by Alderman Luns,S6rd and upon roll call by the Clerk the following vote was recorded. "Yes," Alderman Richardson Parish, Holland, Lunsford, "illiams,'"Bissett, and Alexander. "Nos," Alderman Bronson. Whereupon the Mayor declared Alderman Bronson Mayor Pro -tem there being seven yes and one no. There being no further business Alderman Williams moved to adjourn. The motion was seconded by Alderman Bissett and passed unanimously. Whereupon the Mayor declared the meeting adjourned. ATTEST: l A BE . JONES, CITY CLERK Approved; . T CO , MAYOR AR c 2 r 1 U ,A . � •