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HomeMy WebLinkAbout1958-04-14 Minutes11 f 299• he City Council of Fayetteville, Arkansas, met in regular session on Monday, April 14, 958, atd7:aO P.M. and was opened with a prayer by Rev. Thomas Gibbs, Pastor of the hite Rock Pentecostal Church of Fayetteville. resent: Mayor J. Austin Parish, City Clerk George J. Davis City Attorney A. D. McAllister, ity Engineer W. C. Smith, Chief of Police Pearl Watts and Ildermen: Barnhart, Smith, urgin, Lunsford, Williams, Hatfield, Kent, and Walker. 4• bsent: City Controller Albert J. Jones and Fire Chief Burl Skelton. The minutes of the regular session on Monday, March 24, 1958, and of the special sessions on Thursday, March 27, 1958, and Monday, April 7, 1958, were read and approved. Alderman Lunsford moved.that the proposed ordinance for rezoning certain property in the McCord- northern part of the City from Zone A -Residential District to Zone G -Industrial District Ozark{ and which had been placed on the first retiing at the Special Council Meeting on April 7 Rezoning in 1958, be placed on the second reading. North1pdrt The motion was seconded by Alderman Smith and passed unanimously, whereupon the City of City. Clerk read the ordinance in its enth,rety for the second time. AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1008 APPROVED OCTOBER 22, 1951, REZONING AND ADOPTING BY REFERENCE THERETO ZONING ORDINANCE N0. 1002 APPROVED SEPTEMBER 10, 1951, AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOBER 8, 1951s AS AMENDED: TO REZONE CERTAIN REAL ESTATE FROM ZONE A -RESIDENTIAL DISTRICT TO ZONE G -INDUSTRIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas on March 27 , 1958, on a proposed ordinance to rezone the follow- ing described land located in the City of Fayetteville, Washington County, Arkansas from Zone A -Residential District to Zone G -Industrial District: Beginning at a point where the east right of way line of the St. Louis -San Francise Railroad intersects the south right of way line of Township Street and running in a southwesterly direction along the said east right of way line -of said St. Louis - San Francisco Railroad a distance of 1304.4 feet, more or less, to a point of inter section of said right of way line with the south line of the Northeast quarter of Section 5, Township 16 North, Range 30 West; thence east along said south line of said quarter section, a distance of 647.91 feet; thence north 1295.13 feet, more or less, to the south right of way line of Township Street; thence in a westerly direction along the south right of way line of Township Street, a distance of 430 feet, more or less, to the point of beginning. and, WHEREAS, a notice of said public hearing setting forth the time, place and purpose thereof was published in the Northwest Arkansas Times, a newspaper of general circulatio in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be passed rezoning the above described tract of land from Zone A -Residential District to Zone G -Industrial District, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the following described real estate sitpated within the corporate limits of the City of Fayetteville, Washington County, Arkansas, be,and the same hereby is, rezoned from Zone A -Residential District to Zone G -Industrial District, to-witt Beginning at a point where the east right of way line of the St. Louis -San Francis Railroad intersects the south right of way line of Township Street and running in southwesterly direction along the said east right of way line of said St. Louis - San Francisco Railroad a distance of 1304.4 feet, more or less, to a point of inte section of said right of way line with the south line of the Northeast quarter of Section 4, Township 16 North, Range 30 West; thence east along said south line of said quarter section, a distance of 647.91 feet; thence north 1295.13 feet, more o less, to the south right of way line of Township Street; thence in a westerly dire tion along the south right of way line of Township Street, a distance of 432:feet, more or less, to the point of beginning. Section 2. That all ordinances and parts of ordinances in conflict Alderman Williams moved that the rules be suspended and the Ordinance be placed on the ance are hereby repealed and this action being necessary third reading. The motion was seconded by Alderman Lunsford and passed unanimously, health, peace, safety, order, whereupon the City Clerk read the ordinance in its entirety for the third and last time. Ordinance Arkansas, an The Mayor then declared the ordinance for discussion. There being no discussion, the # 1163 shall be in full force and Mayor asked the question,"Shall the Ordinance pass"2 Upon roll call the following vote passed its passage and approval. was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Williams, Hatfield, Kent, and VJaltter0 "Nay" None. There being eight "Ayes" and No "Nays", the Mayor declared the Ordinance passed. Alderman Kent moved that the emergency clause be adopted. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the emergency clause adopted. ORDINANCE NO. 1163. AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1008 APPROVED OCTOBER 22, 1951, REZONING AND ADOPTING BY REFERENCE THERETO ZONING ORDINANCE N0. 1002 APPROVED SEPTEMBER 10, 1951, AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOBER 8, 1951s AS AMENDED: TO REZONE CERTAIN REAL ESTATE FROM ZONE A -RESIDENTIAL DISTRICT TO ZONE G -INDUSTRIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas on March 27 , 1958, on a proposed ordinance to rezone the follow- ing described land located in the City of Fayetteville, Washington County, Arkansas from Zone A -Residential District to Zone G -Industrial District: Beginning at a point where the east right of way line of the St. Louis -San Francise Railroad intersects the south right of way line of Township Street and running in a southwesterly direction along the said east right of way line -of said St. Louis - San Francisco Railroad a distance of 1304.4 feet, more or less, to a point of inter section of said right of way line with the south line of the Northeast quarter of Section 5, Township 16 North, Range 30 West; thence east along said south line of said quarter section, a distance of 647.91 feet; thence north 1295.13 feet, more or less, to the south right of way line of Township Street; thence in a westerly direction along the south right of way line of Township Street, a distance of 430 feet, more or less, to the point of beginning. and, WHEREAS, a notice of said public hearing setting forth the time, place and purpose thereof was published in the Northwest Arkansas Times, a newspaper of general circulatio in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be passed rezoning the above described tract of land from Zone A -Residential District to Zone G -Industrial District, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the following described real estate sitpated within the corporate limits of the City of Fayetteville, Washington County, Arkansas, be,and the same hereby is, rezoned from Zone A -Residential District to Zone G -Industrial District, to-witt Beginning at a point where the east right of way line of the St. Louis -San Francis Railroad intersects the south right of way line of Township Street and running in southwesterly direction along the said east right of way line of said St. Louis - San Francisco Railroad a distance of 1304.4 feet, more or less, to a point of inte section of said right of way line with the south line of the Northeast quarter of Section 4, Township 16 North, Range 30 West; thence east along said south line of said quarter section, a distance of 647.91 feet; thence north 1295.13 feet, more o less, to the south right of way line of Township Street; thence in a westerly dire tion along the south right of way line of Township Street, a distance of 432:feet, more or less, to the point of beginning. Section 2. That all ordinances and parts of ordinances in conflict with this ordi ance 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 is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. ASSED AND APPROVED THIS 14th DAY OF April, 1958. APPROVED: -O DiscussionAttorney Hubert Burch appeared before the Council with a petition signed by a large about closing majority of the retail grocers of Fayetteville, requesting the Council to pass an grocery stores ordinance prohibiting the grocery stores of Fayetteville from being open on Sunday. on 6unday. After a lengthy discussion, Alderman Kent moved that this proposed ordinance be referr Ito the Ordinance Committee and the City Attorney for study and report. 30.0 z x rn e motion was seconded by Alderman Walker and upon roll call the following vote was corded: "Aye" Smith, Lunsford, Kent, and Walker. "Nay" Barnhart, Burgin, Williams, d Hatfield. There being four "Ayes" and four "Nays", it became the duty of the Mayor cast.the.deciding,vote. He did so by voting "Nay", thereby defeating the motion by vote of f6ur "Ayes'T to five "Nays". Motion Alderman Burgin then moved to place the proposed ordinance for closing grocery stores on deeated Sunday on the first reading. The motion was seconded by Alderman Hatfield and upon roll tolfplace call the following vote was recorded: "Aye" Burgin, Hatfield, and Kent. ord. on "Nay" Barnhart,.Smith,, Lunsford, Williams, and Walker. There being only three "Ayes" lstl read- and five "Nays", the Mayor declared the motion defeated. inl. Alderman Williams then moved that the proposed"Sunday Closing Ordinance" be publicized end an open hearing be held on the 28th day of April at the next regular Council Meeting, Ord. to he motion was seconded by Alderman Lunsford and upon roll call the following vote was close on recorded: "Aye" Burgin, Lunsford, Williams, Hatfield, Kent, and Walker. Suri. to "Nay" Barnhart and Smith. There being six "Ayes" and only two "Nays", the Mayor declared have open the motion passed. he ,ring. Alderman Smith moved that the Mayor and City Clerk be, and they are hereby, authorized Contract to execute the contract with the American LaFrance Corporation for the purchase of the aut�h orized fire apparatus which the Council voted to purchase on February 24, 1958. with La The motion was seconded by Alderman Burgin and passed unanimously. Cd. i• In IC IG Be Av Ea B au l vv Illderman Walker moved to accept the deed from Mr. & Mrs. T. I. Abshier for a strip of ier and 530 feet long and 50 feet wide,for street purposes, and which lies in the north d apart of the City. pted. [The motion was seconded by Alderman Burgin and passed unanimously. he City Attorney then presented A Ooiurti0rder and Transcript for the annexation of certain area adjoining the City on the Southwest„ after which he read a proposed pting ordinance entitled,"AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE Assign -ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS, AND FOR OTHER PURPOSES". !Alderman Williams moved that the Ordinance be passed. The motion was seconded by Alder- man Smith and upon roll call the following vote was recorded: "'Aye" Barnhart, Smith, xed by urgin, Lunsford, Williams, Hatfield, Kent, and Walker. "Nay" None. There being eight t "Ayes" and no "Nays", the Mayor declared the Ordinance passed. r. Taylor ORDINANCE N0. 1164 Taylor erty. AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, (ASSIGNING SAID TERRITORY TO WARDS, AND FOR OTHER PURPOSES. WHEREAS, The County Court of Washingt6n County, Arkansas, did on March 11, 19582 make an Order annexing the following described territory to the City of Fayetteville, Arkansas, to -wit: The Southwest Quarter of the Northwest Quarter of Section Twenty(20) in Township Sixteen(16)North, of Range Thirty(30)West of the 5th Principal Meridian, containing f1 forty(40)acres, except that part of said forty acre tract lying west of the County Road; and, WHEREAS, the County Clerk of Washington County, Arkansas, has forwarded the trans- cripts of said annexation proceedings ,to the Secretary of State and -to the City Council of the City of Fayetteville, Arkansas. OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS SECTION 1. That the annexation of the above described territory to the corporate limits of the City of Fayetteville, Arkansas, be and the same is hereby accepted. Section 2. That all of the above described territory is hereby assigned to and made a part of Ward 1 of the City of Fayetteville, Arkansas. PASSED.AND APPROVED this 14th day of April, 1958. APPROVED: A STIN PARISiro MAYOR ATTEST: n GEO S, CITY CLERK ds The City Attorney then presented three Right of Way Deeds together with plat of proposed extension of Beechwood Avenue and Abstractor's Certificate of ownership of real estate nding described in the right of way deeds. hwood Alderman Burgin moved that the deeds and plat be accepted. ueo rhe motion was seconded by Alderman Walker and passed unanimously. Mr. N. P. Eason and son appeared before the Councilwitha request to do some altering n land improvements on their building located at the northwest corner of the square. ding The City Attorney stated that in his opinion, with the information that has been present ring. at this time, that legally, he believed the City had no reason for interference insofar (las there will be no encroachment on anti area used as City sidewalks. The area in questioi has been"fenced"off from the public for a great number of years. After a lengthy discussion, Alderman Williams moved to refer this to the Building Commit tee, City At and Building Inspector. The motion was seconded by Alderman Lunsford and passed unanimously. There being no further business;, Alderman Walker moved to ad4ourn. The motion was second by Alderman Williams and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED:Al,;A — r� AUSTEN FARISHO M7ffOff ATTEST: GEORGE J. VIS, CITY CLERK • •