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HomeMy WebLinkAbout1958-10-13 Minutes34 The City Council of Fayetteville, Arkansas, met in regular session on Monday, October 1958, at 7:30 P.M. resent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. �. Jones, City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermens Barnhart, Smith, Burgin, Lunsford, Williams, Hatfield, Kent, and Walker. Absent: None. i minutes.of the regular meeting on Wednesday, September 24, 1958, were read and appr- ' Alderman Kent moved to pay' -the bills as approved by the Finance Committee. AThe motion was seconded by Alderman Lunsford and passed unanimously. lderman Kent reported that the City Controller had presented an 'outline of the proposed (budget for 1959 for Council study and approval. Land purchased The Mayor reported that he had three options of purchase for land for three lift stations for Lift I lin the Northern part of the City, subject to the approval of the Council. stations. �No. 1. Is a tract of land located on Porter Road and Hatfield Street, which can be.pur- Two tractls. chased for $500.00 and comprises a little less than 1/3 of an acre,•... -•,:, After a brief discussion, Alderman Smith moved to purchase L'ots3''rlsnfl `1P8r lac `awo; Hatfield Subdivisio tj C 1 tt oo, i to cg t FW" Hatfield Street for $500.00.rYd��Oeiza 'dt5���r34`�d �n�"$�ity Attorney. The motion was secb'Aded by Alderman Williams and passed unanimously. (Number Two is a tract of land located on Poplar Street which can be purchased for the ,sum of $1000.00 but after a long discussion, the Council agreed to negotiate farther on this tract of land. ^ The third tract is onpAsh Street and running along theeast bank of Sublet Creek and contains approximately 1/3 acre. I After a brief discussion, Alderman Hatfield moved to purchase this'tract which covers a part of Southwest a of the Southeast s of Section 3, Township 16 North Range 30 West, consisting of 150 feet on Ash Street and 100 feet running along the east bank of Sublet Creek, provided the City Attorney aproves the deed and abstract, for $1000.00 to be paid out of the 11W 'A PBMcbeg@lisiCVtC&Igr3 dBRnds. The motion was seconded by Alderman Williams and passed unanimously. Campbell Deed Mr. Floyd H. Campbell appeared before the Council with a deed for some land to be used accepted for for street purposes located near Rockwood Apartments. Street purposes. This deed had been presented to the Council at the regular meeting on July 9, 1957`1--YIt was not accepted at that time but was filed in the office of the City Clerk for £inure I and later an error was found in the deed which Mr. Campbell has had t d • correc e kfter a long discussion, Alderman Smith moved to accept the deed from F1oyd!H do ampbell land Thelma E. Campbell for this land to be used for street purposes', The motion was seconded by Alderman Walker and passed unanimously. Coffey The City Clerk presented a petition from Mr. J. G. Coffey requesting the rezoning of Petition {/ certain property on North Garland Avenue *and which had bebn accepted by the Planning forI Commi Rssion. After a long discusion, Alderman Barnhart moved to defer action on this unti ezoning thelnext meeting. The motion was seconded by Alderman Smith and upon roll call the follog ing vote was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford,' Williams, Hatfield, and Kent. "Nay" Walker. There being seven "Ayes" and only One "Nay"`, the Mayor declared the motion passed. Alderman Lunsford then moved that the proposed ordinance entitled"AN ORDINANCE AMENDING Ordinance A PART OF SECTION 15 OF ORDINANCE N0. 1120, PASSED AND APPROVED DECEMBER 17,9 1956, No. 1181 PROVIDING FOR FIRE LIMITS, AND REGULATIDNS GOVERNING THE CONSTRUCTION, ALTERATION, (REMOVAL, DEMOLITION, EQUIPMENT, AND MAINTENANCE OF BUILDINGS AND STRUCTURES." Which was left on its first reading on August 26, 1958, be placed on its second reading. The motion was seconded by Alderman Burgin and passed unanimously,. whereupon Phe City Clerk read the ordinance in its entirety for the second time. llderman Williams then moved that the rules be suspended and the ordinance be placed on its third and final reading. The motion was seconded by Alderman Hatfield and passed unanimously., whereupon the ;ordinance was read for the third and last time. The Mayor then declared the ordinance open for discussion. After a short discussion, the Mayor asked the question,"Shall the Ordinanee'passs"" Upon roll call the following lvote was recorded,"Aye" Barnhart, Smith, Burgin Lunsford, Williams, Hatfield, Kent, and Walker. "Nay" None. There being eight "Ayes' and no "Nays", the Mayor declared the. Ordinance passed. Alderman Lunsford them moved that the emergency clause be adopted. The motion was seconded by Alderman Kent and passed unanimously, whereupon the Mayor declared the emergency clause adopted. ORDINANCE N0. 1181 ORDINANCE AMENDING A PART OF SECTION 131-;OF'ORDINANCE N0. 11200 PASSED AND APPROVED EMBER 17, 19560 PROVIDING FOR FIRE LIMITS2 AND REGULATIONS GOVERNING THE CONSTRUCTION ERATION, REMOVAL, DEMOLITION, EQUIPMENT, AND MAINTENANCE OF BUILDINGS AND STRUCTURES. SECTION 1. That the paragraph entitled (Change No. 15) amending paragraph (c) of tion 400.5 of the National Building Code, 1955 Golden Anniversary Edition, entitled, 4"EPTIONS TO RESTRICTIONS WITHIN FIRE LIMITS" of Section 13 of ordinance No. 1120, sed and approved December 17, 1956, be and the same is hereby amended to read as follows: (Change No. 15) That paragraph (c) of Section 400.5 of said Code entitled, "EXCEPTIONS TO RESTRICTIONS WITHIN FIRE LIMITS" be amended to read as follows: (A) Buildings of unprotected, non-combustible construction, except when used for a high hazard occupancy, not exceeding 20500 square feet in area when used for a business occupancy or 1,000 square feet in area when used for other occupancies, nor more than or story in height, and having a horizontal separation of not less than 10 feet on all slide Nalls having a horizontal separation of less than 10 feet shall have a fire resistance rating of not less than one-hour. (B) However; no sheet metal, corrugated metal, or metal covered buildings or sheds, shal be erected in the first fire zone except: I P am J 1. That metal buildings not exceeding 2,500 square feet in area and with the proper orizontal separation constructed of.metal frame, sides and roof and used for industrial, torage or warehouse purposes may be erected in the first fire zone if located in a G -Industrial Zone" and more than one hundred feet (100 ft.)from Dickson Street. Also, oveable metal buildings with metal frames and coverings may be moved or built in the bove area when used for cafe purposes, and metal covered buildings not exceeding the rea requirements of Section 400 of the National Building Code may be built in the above . rea when used for residential garages or parking commercial trucks. Sheds "Tliit metal covered sheds open on the long side, not more than 15 feeb in height, nor ore than 500 square feet in area, built in accordance with the City Zoning Ordinances a to distance from buildings and property lines but located at l.east,5 feet from build. nd Rroperty lines may be erected in the first fire zone if located in a "G -Industrial one and more than one hundred (100) feet from Dickson Street. For the purpose of this section, a shed is defined as a structure twith a roof and not e than three (3) outside walls. 3.'That all metal frame and coverings for "Drive -Inn" and used car lot canopies may .b cted in the first fire zone providing they are built-in accordance with all of the uirements of Section 316 of the National Building Code and the City Zoning Ordinances Also, all exposed surfaces of the coverings shall have a factory baked enamel finish, nted or processed in such a manner as to reduce sun Deflection and glare. This type of canopy is not.to be used as a building to store materials, but to be use the sole purpose of protecting cars and people from the sun and weather. This type o opy shall have no outside walls, but shall have all sides open unless attached to one two walls of existing buildings. 4. That all metal residential car port, patio and porch coVerings,may be erected in t first fire zone provided that they are built in accordance with the City Zoning Ordinanc las to distance from buildings and property lines. Also, all the exposed surfaces of the coverings shall have a factory baked enamel finish or be painted. (C) Metal house trailers may be located within the fire limits as same are now locate or as may hereafter be established if one of the following conditions have been complied with, to -wit: 1. The trailer must be located in an established trailer court ss may from time to ,time be established by appropriate action of the City Council, or 2. A modern "factory built" metal house trailer to be used by the owner or lessee as OFFICE or as a RESIDENTIAL building may be located on a commercial or business lot if t in violation of City Zoning Ordinances and upon furnishing the Building Inspector th the following: (a) Written approval of the owners or duly authorized agents of the owners of at eat 75,% of the frontage of all property within 150 feet of the lot upon which said ailer is to be located if the said lot is located within an F -Business Zone as defined the City Zoning Ordinances at the time said written approval is obtained. (b) Written approval of the owners or duly authorized agents of the owners of at least of the frontage of all property within 300 feet of the lot upon which said trailer is be located if the said lot is located within a G -Industrial Zone or E -Commercial Zone defined in the City Zoning Ordinances at the time said written approval is obtained. It being the intent of this section to limit the use of metal house trailer within .e fire zone but outside of an established trailer park to sales offices for used car ts, or trailer sales, or to dwelling purposes for owners or lessees operating a business on the commercial lot where such trailer is to be located.. SECTION 2. That all ordinances and parts of ordinances in conflict with this ordin- nce are hereby repealed and this'action being necessary for the public health, safety, rder, comfort and convenience within the City of Fayetteville, Arkansas, an emergency a hereby declared to exist and this ordinance shall.be in full force and effect from nd after its passage and approval. PASSED AND APPROVED this 13th day of October, 1958. APPROVED: ST: J. AUSTIN- PA H, MAYOR GEORGFIJW DAVISO CL1TY CLERK age �A long discussion was had concerning the issuing of a Building Permit to Buck Savage. Mit. Phe Building Inspector explained that he could not issue a Building Permit under the present ordinances because the drive in front of the place was not named as a street. (Alderman Wallter moved that the Building Inspector be authorized to issue a permit to Mr. Savage provided he would construct the building according to the Building Code and Ito name the entrance-drive,"Walnut Place'. The motion was seconded by Alderman Burgin but before a -vote wabItaken, the Building Inspector explained that all that was necessary was to name the entrance drive. He then could issue a permit. 4,9 G°S� Aderman Walker, with the permission of Alderman Burgin, withdrew hi.a motion. .Alderman Hatfield then moved to name the entrance drive in front of the Buck Savage I as "WALNUT PLACE". The motion was seconded by Alderman Burgin and passed unanimously. er The City Engineer reported that a sewer line on Cleveland Street between"Raporback Road a to bought and Garland Avenue,which was built by Mr. E. H. Looney and later half interest was purchased by Mr. J. R. Bates is now in the J.R.Bates Estate and the Administrator is oBatea. willing to sell the entire interest of J. R. Bates to the City.for $350.00. • The City Engineer recommended that the City make this purchase. ate. Alderman Burgin moved to accept the recommendation of the City Engineer and purchase the interest of the J. R. Bates E�tate in the sewer line on Cleveland Street between 'Razor- �back Road and Garland Avenue or the sum of $350.00. IThe motion was seconded by Alderman Hatfield and passed unanimously. °. Phe City Engineer presented a map from the Master Planning Commission outlining the pro- posed planning area on the north side of the City. ■, 345 ..r North The Mayor reported that it was necessary for the Council to appoint three appraisers to After a brief discussion, Alderman Smith moved that the north boundary of the bound'sry of Fayetteville Planning Area to be a line to include the City's Lake Fayetteville Area • City After a brief discussion, Alderman Williams moved to appoint Jasper Pyeatt as one of the but'to' exclude the Springdale Golf Course, subject to the concurrence by the Springdale, Planning Arkansas, City Council. Area. The motion was seconded by Alderman Barnhart and passed unanimously. Alderman Hatfield moved to appoint Dave Killian as another of the appraisers. elmar Collins. The motion was seconded by Alderman Barnhart and passed unanimously. The City Attorney reported that all the members of the North Highway 71 Wgter Line and More about the North Highway Water Association.had not accepted the agreement which had been offere North Hiway 71and that plans had been made for Supreme Court procedure if an agreement could not be Water Line made by end of the 30 days as stated on September 24, 19589 by the City Council. etc. , After a long discussion, Alderman Hatfield moved that the.City Attorney be instructed to After a brief discussion, Alderman Burgin moved to pay the sum of $1.25 per acre for the To.pay $1.25 negotiate further with the North Highway 71 Water Line and The North Highway 71 Water per acre for The motion was seconded by Alderman Smith and passed unanimously. Association and try to reach ancompromise without further litigation. work. The motion was -seconded by Alderman Barnhart and passed unanimously. year The Building Inspector presented a problem that has come up at the proposed Goodyear `_'•, ding. Building site on the corner of Center Street and College Avenue. The radius of the "Curb Return" at the intersection has been enlarged to give a better turn at the. corner at some time in*the past. The contractors now wish'to reconstruct the "Curb Return" in the old original -position and shorten the radius. Members of the Council expressed belief that the curb line should be left as it is at the present time and they believed it would be to the property owners advantage not to ge the curb line. meeting,. The City Council of Fayetteville, Arkansas, met in special session on Thursday, October 1958, at .7:30 P.M. Present: Mayor J. Austin Parish,.City Clerk George J. Davis, City Controller Albert J. Jones, dity Attorney A. D. McAllister Jr:; and Aldermen: Ralph Barnhart, Ellis Burgin, Bruce Lunsford, Webb Williams, Herbert Hatfield, Dale Kent, and Bryan Walker. Purpose. absent: Alderman Lynn Smith. r �� IThe Mayor reported that the purpose of'the meeting was to take action on the leasing of 0 'S_tr the proposed "Off -Street Parking Lots" on the property belonging to Messrs. Edd Poore ,A toms and Bill Dalton located in the rear of U'uisinger's Music Store on South East Avenue, d a e �lso to determine the location of the elevated water storage to be -located in the west part of the City and such other related business as may come before the Council. 1 on.. He reported that all the members of the Uouncil had been notified but Alderman Lynn 66 Smith could not be present because of other business calling him out of the City i. and he waived notice of the special meeting. WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE CITY COUNCIL Waiver Comes now the undersigned, being a duly elected, qualified, and acting member of t oCity Council of the City of Fayetteville, Arkansas, and specifically waives notice of a Notice special meeting of the Fayetteville City d'ouncil to be held in the City Council Room of Phe City Administration Suilding, Fayetteville, Arkansas, at 7:30 o'clock P. M., on October 16, 1958. Dated this 16th day of October, 1958. O , Off St set After a long discussion concerning the lease agreement for "Off Street Parking Facilities" lots �g Aderman Burgin moved that the Mayor and City Clerk be and they are hereby authorized to leased execute a lease agreement with Messrs. Edd Poore and Bill.Dalton for their property on South outh East Avenue and immediately in the rear of Guisi er's Music Store,for the sum of Edd Po re one hundred seventy five ($175.00) dollars per month, (75.00 to Mr. Poore and $100.00 to & Mr. Dalton.) with the option to purchase this property at the same time as the option to Brill Dalton purchase the other Off -Street Parking Facilities owned by the Byrnes Estate and the Fulbright Investment Company* provided however the President and Secretary of the V• Fayetteville Parking Association execute agreements to indemnify the City up to 35,% of the City's loss, if any, arising out of said two lease agreements and provided further, that ten (10) individual members of the Fayetteville Parking Association., who have agreed Po pay substantial monthly cash payments to the said Association, execute an indemnity agreement binding said members individually.to indemnify the City up to 35% of the City's loss, if any, arising out of said two lease agreements. „ The motion was seconded by Alderman Williams and passed unanimously. The Mayor reported that it was necessary for the Council to appoint three appraisers to Appraisers for work with a citizens' committee of three appraisers to appraise the land which lies in the City I the area of the New Lake Site and which will be purchased by the City. for land After a brief discussion, Alderman Williams moved to appoint Jasper Pyeatt as one of the on new Lake Site., three appraisers for the City. The motion was seconded by Alderman Smith and pasded unanimously. Jasper Pypatt. $ave Killian Alderman Hatfield moved to appoint Dave Killian as another of the appraisers. elmar Collins. The motion was seconded by Alderman Barnhart and passed unanimously. Alderman Smith then moved to appoint Delmar Collins as the third appraiser for the City. The motion was seconded by Alderman Hatfield and passed unanimously. Alternates After a brief discussion, Alderman Hatfield moved that Messrs..Vernon Phillips, Vernon Phillips. Norman Shipley, and Delford Rieff be appointed as the alternate appraisers for the City. Norman sbipley The.motion was seconded by Abdenman Smith and passed unanimously. Delford Ri�eff. , After a brief discussion, Alderman Burgin moved to pay the sum of $1.25 per acre for the To.pay $1.25 appraising of the land to be purchased by the City for the new City Lake. per acre for The motion was seconded by Alderman Smith and passed unanimously. appraisal work. There being no further business, Alderman Williams moved to adjourn. The motion was sedi onded by Alderman Smith and passed unanimously, whereupon the Mayor declared the ting adjourned. APPROVED: tATTESTw„ � � , G Je DAMS¢ CITY CLEr&' meeting,. The City Council of Fayetteville, Arkansas, met in special session on Thursday, October 1958, at .7:30 P.M. Present: Mayor J. Austin Parish,.City Clerk George J. Davis, City Controller Albert J. Jones, dity Attorney A. D. McAllister Jr:; and Aldermen: Ralph Barnhart, Ellis Burgin, Bruce Lunsford, Webb Williams, Herbert Hatfield, Dale Kent, and Bryan Walker. Purpose. absent: Alderman Lynn Smith. r �� IThe Mayor reported that the purpose of'the meeting was to take action on the leasing of 0 'S_tr the proposed "Off -Street Parking Lots" on the property belonging to Messrs. Edd Poore ,A toms and Bill Dalton located in the rear of U'uisinger's Music Store on South East Avenue, d a e �lso to determine the location of the elevated water storage to be -located in the west part of the City and such other related business as may come before the Council. 1 on.. He reported that all the members of the Uouncil had been notified but Alderman Lynn 66 Smith could not be present because of other business calling him out of the City i. and he waived notice of the special meeting. WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE CITY COUNCIL Waiver Comes now the undersigned, being a duly elected, qualified, and acting member of t oCity Council of the City of Fayetteville, Arkansas, and specifically waives notice of a Notice special meeting of the Fayetteville City d'ouncil to be held in the City Council Room of Phe City Administration Suilding, Fayetteville, Arkansas, at 7:30 o'clock P. M., on October 16, 1958. Dated this 16th day of October, 1958. O , Off St set After a long discussion concerning the lease agreement for "Off Street Parking Facilities" lots �g Aderman Burgin moved that the Mayor and City Clerk be and they are hereby authorized to leased execute a lease agreement with Messrs. Edd Poore and Bill.Dalton for their property on South outh East Avenue and immediately in the rear of Guisi er's Music Store,for the sum of Edd Po re one hundred seventy five ($175.00) dollars per month, (75.00 to Mr. Poore and $100.00 to & Mr. Dalton.) with the option to purchase this property at the same time as the option to Brill Dalton purchase the other Off -Street Parking Facilities owned by the Byrnes Estate and the Fulbright Investment Company* provided however the President and Secretary of the V• Fayetteville Parking Association execute agreements to indemnify the City up to 35,% of the City's loss, if any, arising out of said two lease agreements and provided further, that ten (10) individual members of the Fayetteville Parking Association., who have agreed Po pay substantial monthly cash payments to the said Association, execute an indemnity agreement binding said members individually.to indemnify the City up to 35% of the City's loss, if any, arising out of said two lease agreements. „ The motion was seconded by Alderman Williams and passed unanimously.