HomeMy WebLinkAbout1958-10-16 Minutes345'
North
After a brief discussion, Alderman Smith moved that the north boundary of the
boundary of
Fayetteville Planning Area to be a line to include the City's Lake Fayetteville Area
• City+
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.
The City Attorney reported that all the members of the North Highway 71 Wgter Line and
More about
the North Highway Water Asaociation.had not accepted the agreement which had been offers
North Hiway 71and
that plana 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
negotiate further with the North Highway 71 Water Line and The North Highway 71 Water
Association and try to reach ancompromise without further litigation.
The inotion was -seconded by Alderman Barnhart and passed unanimously.
Goodyear
The Building Inspector presented a problem that has come up at the proposed Goodyear `_I
Building.
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.
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 area of the New Lake Site and which will be purchased by the City.
the City I
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 Pyeatt. L
$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 61Apley The motion was seconded by Alderman Smith and passed unanimously.
Delford eff. 61
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. 1'he motion was sed-
onded by Alderman Smith and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED:
ATTEST: Je AWSTIN FARISH,
z
G S, CITY CLERK
Special
Meeting. The City Council of Fayetteville, Arkansas, met in special session on Thursday, October
1958, at .7:30 P.Me
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.
0 tr b IThe Mayor reported that the purpose of'the meeting was to take action on the leasing of
0,'1� .t the proposed Off -Street Parking Lots on the property belonging to.Messrs. Edd Poore
Rem roma end Bill Dalton located in the rear of Guisinger's Music Store on youth East Avenue,
dee lso to determine the location of the elevated water storage to be -located in the west
o
part of the City and such other related business as may come before the Council.
/ He reported that all the members of the Oouncil had been notified but Alderman Lynn
• 1
on.. Smith could not be present because of other business calling him out of the bity
,r and he waived notice of the special meeting.
i I WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE CITY COUNCIL
Waiver I Comes now the undersigned, being a duly elected, qualified, and acting member of th
of City Council of the City of Fayetteville, Arkansas, and specifically waives notice of a
Notice special meeting of the Fayetteville City �'ouncil to be held in the City Council Room of
Phe City Administration Building, Fayetteville, Arkansas, at 7:30 o'clock P. M., on
October 16, 1958.
Dated this 16th day of October, 1958,
NOTH, ALDEEMAB 4th WA
Off
Parkineet After a long discussion concerning the lease agreement for "Off Street Parking Facilitie
lots �g Aderman Burgin moved that the Mayor and City Clerk be and they are hereby authorized to
lotpaecute a lease agreement with Messrs. Edd Poore and Bill.Dalton for their property on
leased
from South East Avenue and immediately in the rear of �*uisi er's Music Store.for the sum of
Edd Poore one hundred seventy five ($175.00) dollars per month, (75.00 to Mr. Poore and $100.00 t
Mr. Dalton.) with the option to purchase this property at the same time as the option to
Hill 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
• Fayetteville Parking Association execute agreements to indemnify the City up to 35% of
the City's loss, if any, &rising out of said two lease agreements and provided further,
that ten (10) individual members of the Fayetteville Parking Association., who have agre
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'
` ;loss, if any, arising out of said two lease agreements.
„ The motion was seconded by Alderman Williams and passed unanimously.
F346
Purchase
The
Mayor reported that Mr. Edd Connell had negotiated with Mr. B. C. Snawder and that
of
session on Thursday, October 16, 1958, ware read and approved.
Mr.
Snawder had agreed to
sell his entire lot on Poplar Street for $1,000.00.
Snawder
After a brief discussion,
Alderman Burgin moved to purchase the entire lot from ..
property
appeared before the Council to protest the proposed rezoning of some property in that
Mr.
Be C. Snawder-betteen
Poplar Street and proposed Chestnut Street of approximately
for
one
and one eighth (1 1/8)
acres for the sum of one thousand ($1,000.00) dollars as a:lc
lift
tion for one of the three
lift stations to be built in the north part of the City 499 ra
station.
The
motion was seconded by Alderman Kent and passed unanimously. �"•reZ //66 aRv ?Nee& e,
Tol make
tests
for
elevated
water
storage.
ngineer L. M. McGoodwin reported that several locations had been considered for the
levated water storage to be located in the west part of the City.but the location on
he Pratt property at the intersection of Center Street and gang Avenue as it would be
he cheapest insofar.as the construction of the water tank is concerned And that. this.:
ocation• WAsntheonearest: practical loeation,tP�theA,,arsMlof ,high; water usage r,;1s;,
etfurther-reported that h-e.believed..ther•formations for a foundation were satisfactory
t all the proposed locations,
fter a long discussion; Alderman Barnhart moved that the engineers be authorized to
nvestigate foundation conditions on the proposed location for elevated water storage
n the Pratt property at the intersection of ,Center Street and Sang Avenue, and at a
econd location approximately 1700 feet west and 200 feet south of the first location,
nd that the Mayor be authorized to obtain equipment and have such tests made under the
upervision of the engineers, and further, that Mr. Edd Connell be authorized and instr
ted to negotiate with the respective property owners for the City to make such tests.
he motion was seconded by Alderman Burgin and passed unanimously.
ere being no further business, Alderman Williams moved to adjourn. The motion was see-
ded by Alderman Hatfield and passed unanimously, whereupon the Mayor declared the
sting adjourned.
APPROVED:
TEST:-�'s J. A S PARI ,MAYOR
G G , CITY CLERK
The City Council of Fayetteville, Arkansas, met in regular session on Monday, October
19589 at 7:30 P.M.
Present: 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 Aldermen: Barnhart, Smith, Burgin, Lunsford,
Williams, Hatfield, Kent, and Walker. Absent: None.'
1. That the City pay to North Highway 71 Water Association and to North Highway 71
Water Line the total cash sum of $7,100.00.
2. That Dr. Nolon Helstern pay to North Highway 71 Water Association and to North
Highway 71 Water Line the total cash sum of $1,300.00, and waive any rights he might
have against the respective associations.
3. That the judgment against the City and Nolon Helstern be dismissed with prejudic
4. That the stipulation for dismissal filed in the Supreme Court and the mandate
issued provide that the associations convey all their right, title, and interest, in
to the 5500' six-inch main and the 1400' six-inch main, all laterals extending theref
and all easements and appurtenances thereto to the City of Fayetteville, Arkansas,
5. That the existing contracts between the City and the Associations be deemed
cancelled.
6. That the contract existing between the City and Dr. Helstern be considered in
full force and effect.
7. That the fire service to the fire hydrants located on the 5500' and 1400' water
mains will be discontinued,in the event the City cannot find any person, firm or corpor-
ation, to assume payments for the monthly fire hydrant service charges.
B,That the City and Dr. Helstern shall divide.equally the court costs incurred in
the Chancery Court and in the Arkansas Supreme Court,
9. That the members of the Association shall have the right to additional service
connections upon said 55001 and 1400' mains upon payment to the City of the normal ser
connection charges made by the City.
10 That the respective Associations shall be dissolved and terminated within
thirty (30!! days after the mandate from the Arkansas Supreme Court has been filed.,
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The minutes of the regular session on Monday, October 13, 1958, and of the special
Action
' /
session on Thursday, October 16, 1958, ware read and approved.
on V
Coffey
A large group of citizens, living in the vicinity of Douglas Street and Lindell Avenue,
petition
appeared before the Council to protest the proposed rezoning of some property in that
deferred.
area owned by Mr. J. G. Coffey, which had been discussed at the last regular meeting of
the Council on October 13, 1958, and had been passed by the Planning Commission.
They presented a petition signed'_by a number of property owners of this area protesting
this rezoning.
After a brief discussion, Alderman Kent moved to refer this back to the Planning Commis-
sion together with this petition for reconsideration.
The motion was seconded by Alderman Barnhart and passed unanimously.
A long discussion was had concerning the exact location of the elevated water storage
in the west part of the City but definite action was postponed until the next regular
meeting to be held on Monday, Novemberrp, 1958.
A long discussion was held between the Council and City Attorney and Attorney`vE. J. Ball
Offer
to
representing the North Highway 71 Water Line and the North Highway 71 Water Association,
purchase
concerning the settlement of litigation now pending between the City and Dr. Nolon
Water
Helstern Vs The North Highway 71 Water Line and The North Highway 71 Water Association,
Cos.
N.H.71
We
Line
Alderman Burgin then moved that the City accept the offer of settlement of the litigatio
N,
H. 71
now pending between the City and Dr. Nolon Helstern and North Highway 71 Water Line and
Wafer
ASSn..North
Highway Water Association on condition that the attorneys of record for these
respective parties enter into a 'stipulation to be filed in the Arkansas Supreme Court
embodying the following terms and provisions:
1. That the City pay to North Highway 71 Water Association and to North Highway 71
Water Line the total cash sum of $7,100.00.
2. That Dr. Nolon Helstern pay to North Highway 71 Water Association and to North
Highway 71 Water Line the total cash sum of $1,300.00, and waive any rights he might
have against the respective associations.
3. That the judgment against the City and Nolon Helstern be dismissed with prejudic
4. That the stipulation for dismissal filed in the Supreme Court and the mandate
issued provide that the associations convey all their right, title, and interest, in
to the 5500' six-inch main and the 1400' six-inch main, all laterals extending theref
and all easements and appurtenances thereto to the City of Fayetteville, Arkansas,
5. That the existing contracts between the City and the Associations be deemed
cancelled.
6. That the contract existing between the City and Dr. Helstern be considered in
full force and effect.
7. That the fire service to the fire hydrants located on the 5500' and 1400' water
mains will be discontinued,in the event the City cannot find any person, firm or corpor-
ation, to assume payments for the monthly fire hydrant service charges.
B,That the City and Dr. Helstern shall divide.equally the court costs incurred in
the Chancery Court and in the Arkansas Supreme Court,
9. That the members of the Association shall have the right to additional service
connections upon said 55001 and 1400' mains upon payment to the City of the normal ser
connection charges made by the City.
10 That the respective Associations shall be dissolved and terminated within
thirty (30!! days after the mandate from the Arkansas Supreme Court has been filed.,
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