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HomeMy WebLinkAbout1959-02-16 Minutes37.5 negular Meeting February 16, 1959 The City Council of Fayetteville, Arkansas, met in regular session on Monday; Feb. 16, • 1959, at 7:30 P. M. IPresent: 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, Hatfield, Kent, and Walker. Absent: Mayor J. Austin Parish, and Alderman J. E. McClelland, Dale Kent The absence of the Mayor was noted and Alderman Burgin moved that Alderman Dale Kent Mayor Pro Be elected to serve as Mayor during the absence of Mayor Parish. Tem I The motion was seconded by Alderman Walker and passed unanimously. EGAL DESCRIPTION: Begin ing.at a point which is 594.0 feet North of the SE Corner of the �r N action 1', Township 16 North, Range 30 West of the 5th Principal Meridian; and running" hence West 276.8 feet; thence South 121.5 feet;. thence West 270.0 feet; thence North 70 feet; thence East 270.0 feet; thence South 98.5 feet; thence East 276.8 feet; thence outh 50.0 feet to the point of beginning, containing 1.99 acres more or less. The Point of Beginning described above being 9.0 feet West of the existing West line of Sang Avenue as evidenced by a fence now in place. b.� be accepted upon condition, however, that all necessary easements required by engineers for the City of Fayetteville in connection with the erection, construction and mainten- ance of said elevated water storage tank, including the necessary easements required by said engineers across the property owned by W. G. Shipley be acquired at no additional costs to the City and upon said conditions having been met that the engineers, Mahaffey and McGoodwin, be instructed to prepare change orders in connection with the plans and specifications for said elevated water storage tank and that the Mayor and City Clerk b)e authorized to execute a contract with Evangeline Pratt Archer, Margaret Joy Pratt Markham, and Magdalene Pratt for purchase of said above described real estate. The motion was seconded by Alderman Lunsford and upon roll call the following vote was recorded: "Aye" Barnhart, Burgin, Lunsford, Hatfield, and Kent. "Nay"Smith and Walker. There being five "Ayes" and only two "Nays", the Mayor Pro Tem declared the motion passed. Mr. Nelson reported that the City of Springdale had rejected the Planning Area Boundary on the north which included the Lake Fayetteville property and designated an East-West Plann ng line half -way between the limits of the two cities, approximately 2 1/2 miles north of area north of the Fayetteville limits, as the northern Planning Area Boundary. City. He also reported that the Fayetteville Planning Commission had approved the revised pla ning area boundary at its meeting on February 3-, 1959, and requested concurrence: by the City Council. Alderman Barnhart moved to approve the revised planning area boundary as approved by th Fayetteville Planning Commission. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, and Kent. "Nay" Lunsford, Hatfield, and Walker. There being four "Ayes" and three "Nays", the Mayor Pro Tem declared the motion defeated for lack of a majority. Sanitation Alderman Lunsford introduced a proposed ordinance entitled,"AN,ORDINANCE PROVIDING FOR ' Ord. on first THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND TRASH WITHIN THE CITY OF FAYETTE= reading. VILLE, ARKANSAS; ASSIGNING A TITLE; DEFINING TERMS; REQUIRING ALL OWNERS, OCCUPANTS, TENANTS OR LESSEES OF RESIDENCES, COMMERCIAL, PUBLIC OR PRIVATE INSTITUTIONS, BUSINESS ESTABLISHMENTS, OR OTHER BUILDINGS WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, TO PROVID] CONTAINERS AND RECEPTACLES; FIXING MONTHLY CHARGES TO BE MADE TO OWNERS, OCCUPANTS, TENANTS, OR LESSEES OF BUILDINGS AND PREMISES RECEIVING THE SERVICE; PROHIBITING ANYONE EXCEPT AGENTS OR EMPLOYEES OF THE CITY OF FAYETTEVILLE, ARKANSAS, FROM EMPTYING CONTAIN, ERS OR RECEPTACLES OR TRANSPORTING THE CONTENTS THEREOF ON THE STREETS OR PUBLIC THOR- OUGHFARES OF THE CITY OF FAYETTEVILLE, ARKANSAS, WITHOUT A CONTRACT; LEVYING A PENALTY; CREATING A SANITATION DEPARTMENT TO MAKE PERIODIC INSPECTIONS OF BUILDINGS AND PREMISES AND ALL PLACES WHERE GARBAGE AND TRASH MAY ACCUMULATE AND TO ENFORCE AND ADMINISTER THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR VIOLATIO] HEREOF; REPEALING ALL.ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY,"' and moved it be placed on its first reading. The motion was seconded by Alderman Smith and passed unanimously. The proposed ordinance was then read in its entirety for the first time by the City Sanitarian and left on the first reading for further study and recommendation. Alderman Lunsford introduced a proposed ordinance entitled,"AN ORDINANCE PROVIDING FOR Dog qrd. THE LICENSING AND VACCINATION OF DOGS OWNED OR KEPT, AND PROHIBITING THE RUNNING AT defeated. LARGE OF DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS", and moved it be placed on the first reading. The motion was seconded by Alderman Smith and upon roll call the following vote was • recorded, "Aye" Smith and Kent. "Nay" Barnhart, Burgin, Hatfield, and Walker. Not voting, Alderman Lunsford. There being two "Ayes" and four "Nays" with one not voting, the motion was defeated for lack of a majority. A proposed ord. Alderman Lunsford, Chairman of the Ordinance Committee, introduced a proposed ordinance for salaries of entitled, AN ORDINANCE FIXING THE COMPENSATION OF THE ALDERMAN OF THE CITY OF FAYETTE- AAldermanlon VILLE, ARKANSAS", and moved it be placed on its first reading. first reading. The motion was seconded by Alderman Walker and upon roll call the following vote was The minutes of the regular session on Monday, February 2, 1959, and of the special session on Thursday, February 5, 1959„ were read and approved. Mrs. Margaret Markham appeared before the Council in regard to the location of the Land purchased elevated water tank in the west part of the City. for elevated After a long discussion, Alderman Burgin moved that the prior action of the Council in water storage regular session oft January 190 1959, authorizing the City Attorney to file condemnation tank in west proceedings in the Circuit Court of Washington County,- Arkansas, against Evangeline Prat part of City. Archer, Margaret Joy Pratt Markham and Magdalerd? Pratt to acquire the necessary land and easements for construction and maintenance of an elevated water storage tank in the west part of the City, as well as the prior action of the Council in regular session on' February 2, 1959, offering $5,000.00 to the owners of said real estate both ': be rescin ded and that the proposal of Evangeline Pratt Archer, Margaret Joy Pratt Markham and Magdalene Pratt to sell to the City of Fayetteville, Arkansas, for the sum of $10,000.00 two adjoining tracts of real estate, one tract being 270 feet by 270 feet and the other tract being 50 feet by 276.8 feet, said tracts being jointly described as follows, to-wi EGAL DESCRIPTION: Begin ing.at a point which is 594.0 feet North of the SE Corner of the �r N action 1', Township 16 North, Range 30 West of the 5th Principal Meridian; and running" hence West 276.8 feet; thence South 121.5 feet;. thence West 270.0 feet; thence North 70 feet; thence East 270.0 feet; thence South 98.5 feet; thence East 276.8 feet; thence outh 50.0 feet to the point of beginning, containing 1.99 acres more or less. The Point of Beginning described above being 9.0 feet West of the existing West line of Sang Avenue as evidenced by a fence now in place. b.� be accepted upon condition, however, that all necessary easements required by engineers for the City of Fayetteville in connection with the erection, construction and mainten- ance of said elevated water storage tank, including the necessary easements required by said engineers across the property owned by W. G. Shipley be acquired at no additional costs to the City and upon said conditions having been met that the engineers, Mahaffey and McGoodwin, be instructed to prepare change orders in connection with the plans and specifications for said elevated water storage tank and that the Mayor and City Clerk b)e authorized to execute a contract with Evangeline Pratt Archer, Margaret Joy Pratt Markham, and Magdalene Pratt for purchase of said above described real estate. The motion was seconded by Alderman Lunsford and upon roll call the following vote was recorded: "Aye" Barnhart, Burgin, Lunsford, Hatfield, and Kent. "Nay"Smith and Walker. There being five "Ayes" and only two "Nays", the Mayor Pro Tem declared the motion passed. Mr. Nelson reported that the City of Springdale had rejected the Planning Area Boundary on the north which included the Lake Fayetteville property and designated an East-West Plann ng line half -way between the limits of the two cities, approximately 2 1/2 miles north of area north of the Fayetteville limits, as the northern Planning Area Boundary. City. He also reported that the Fayetteville Planning Commission had approved the revised pla ning area boundary at its meeting on February 3-, 1959, and requested concurrence: by the City Council. Alderman Barnhart moved to approve the revised planning area boundary as approved by th Fayetteville Planning Commission. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, and Kent. "Nay" Lunsford, Hatfield, and Walker. There being four "Ayes" and three "Nays", the Mayor Pro Tem declared the motion defeated for lack of a majority. Sanitation Alderman Lunsford introduced a proposed ordinance entitled,"AN,ORDINANCE PROVIDING FOR ' Ord. on first THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND TRASH WITHIN THE CITY OF FAYETTE= reading. VILLE, ARKANSAS; ASSIGNING A TITLE; DEFINING TERMS; REQUIRING ALL OWNERS, OCCUPANTS, TENANTS OR LESSEES OF RESIDENCES, COMMERCIAL, PUBLIC OR PRIVATE INSTITUTIONS, BUSINESS ESTABLISHMENTS, OR OTHER BUILDINGS WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, TO PROVID] CONTAINERS AND RECEPTACLES; FIXING MONTHLY CHARGES TO BE MADE TO OWNERS, OCCUPANTS, TENANTS, OR LESSEES OF BUILDINGS AND PREMISES RECEIVING THE SERVICE; PROHIBITING ANYONE EXCEPT AGENTS OR EMPLOYEES OF THE CITY OF FAYETTEVILLE, ARKANSAS, FROM EMPTYING CONTAIN, ERS OR RECEPTACLES OR TRANSPORTING THE CONTENTS THEREOF ON THE STREETS OR PUBLIC THOR- OUGHFARES OF THE CITY OF FAYETTEVILLE, ARKANSAS, WITHOUT A CONTRACT; LEVYING A PENALTY; CREATING A SANITATION DEPARTMENT TO MAKE PERIODIC INSPECTIONS OF BUILDINGS AND PREMISES AND ALL PLACES WHERE GARBAGE AND TRASH MAY ACCUMULATE AND TO ENFORCE AND ADMINISTER THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR VIOLATIO] HEREOF; REPEALING ALL.ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY,"' and moved it be placed on its first reading. The motion was seconded by Alderman Smith and passed unanimously. The proposed ordinance was then read in its entirety for the first time by the City Sanitarian and left on the first reading for further study and recommendation. Alderman Lunsford introduced a proposed ordinance entitled,"AN ORDINANCE PROVIDING FOR Dog qrd. THE LICENSING AND VACCINATION OF DOGS OWNED OR KEPT, AND PROHIBITING THE RUNNING AT defeated. LARGE OF DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS", and moved it be placed on the first reading. The motion was seconded by Alderman Smith and upon roll call the following vote was • recorded, "Aye" Smith and Kent. "Nay" Barnhart, Burgin, Hatfield, and Walker. Not voting, Alderman Lunsford. There being two "Ayes" and four "Nays" with one not voting, the motion was defeated for lack of a majority. A proposed ord. Alderman Lunsford, Chairman of the Ordinance Committee, introduced a proposed ordinance for salaries of entitled, AN ORDINANCE FIXING THE COMPENSATION OF THE ALDERMAN OF THE CITY OF FAYETTE- AAldermanlon VILLE, ARKANSAS", and moved it be placed on its first reading. first reading. The motion was seconded by Alderman Walker and upon roll call the following vote was 376 Right of Way Ease- mept across Lucille Prbperty Closing cussed. corded, "Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, and Walker. ay" Kent. There being six "Ayes" and only one "Nay", the Mayor Pro Tem declared the tion passed, whereupon the ordinance was read in its entirety for the first time and s left on the fi-rst reading. brief discussion was had concerning additional help for the City Shop by employing a chanic from "On the job training". derman Lunsford moved to refer this to the Shop Committee. The motion was seconded by derman Smith and passed unanimously. City Attorney reported that the City had acquired a right of way over and across Lucille Day's property for $1440.00, whereupon Alderman Smith moved to rescind ncil action of February 21 1959,"Authorizing the City Attorney to file condemnation ceedings in the Circuit Court of Washington County for such easement as may be recom- ded by Engineers Mahaffey and McGoodwin across property now occupied by Mrs. Lucille motion was seconded by Alderman Burgin and passed unanimously. lderman Burgin then moved to accept the right of way easement across Mrs. Lucille Day's roperty for $140.00 and that the Mayor and City Clerk be and they are hereby authorized o execute said agreement.. The motion was seconded by Alderman Smith and passed animously. he City Attorney presented a petition from Mr. H. K. King, owner of certain real estate butting on that portion of a ten (10) foot alleyway running east and west between Lots hirteen and Fourteen in Block Eleven in Mountain View Addition to the City of Fayette- ille Arkansas, requesting the City to close the above described alley. lderman Walker moved to refer this to the City Attorney, City Engineer, Street Committee nd Planning Commission for study and report. he motion was seconded by Alderman Burgin and passed unanimously. ed for Lunsford The City Attorney presented a right of way deed for street purposes from the Fulbright purpose !Investment Co. to the City of Fayetteville, Arkansas. seconded by Alderman Burgin and m (Alderman Smith moved that the deed by accepted. The motion was seconded by Alderman bright. Lunsford and passed unanimously. Mayor Pro Tsm�Kent) read the bids which was advertised and received by the Board of Public Affairs for one or"tvvo new vehicles for the Police Department. ilea A tabulation of the bids is as follows: s ght. Name of Bidder One Vehicle 2 Vehicles Add. for each with 1 tradein with 2 tradeins Auto Trans. Houston -Taylor Motor Co. Savoy 747.66 61450.00 $155.00 119599 4D, V-8 Plymouth Houston=Taylor Motor Co. $1022.66 $1981.50X155:00 1959, 4D, V-8 Dodge Pursuit shier -Bryan Motor Co. $1188.00 $2288.00 $154.50 59, 4D, V-8 Ford Custom ter a lengthy discussion, Alderman Smith moved to accept the low bid of the Houston- ylor Motor Co.,for�two 1959, 4Door, V-8 Plymouth Savoy Sedans for the sum of $1450.00 th two tradeins of 1958 Plymouths provided the Board of Public Affairs would approve o standard transmissions instead of one standard and one automatic transmission. e motion was seconded by Alderman Walker and upon roll call the following vote was corded: "Aye" Barnhart, Smith, Hatfield, and Walker. "Nay" Burgin, Lunsford, and nt. As the motion now -stood there were four "Ayes" and three "Nays" but after a Brief scussion, Aldermen Burgin and Kent changed their vote from "Nay" /to "Aye", thereby king the final vote read six "Ayes" and only one "Nay" and Mayor(Pr0 declared e motion passede here being no further business, Alderman Smith moved to adjourn. The motlLon was seconds y Alderman Burgin and passed unanimously, vhereupon the Mayor Pro Tem declared the eeting adjourned. _. APPROVED: TTEST: Go DALE KENT, MAYOH PRO TEM or-TEORQFJAVIS, CITY CLERK • rr man Lunsford reported that the Finance Committee had approved the bills and m be allowed as approved. The motion was seconded by Alderman Burgin and passed N. •