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HomeMy WebLinkAbout1959-06-22 Minutes406 The City Council of Fayetteville, Arkansas, met in regular session on Monday, June 221,1999, j I 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, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Talker. kbsent: Chief of Police Pearl Watts. The minutes of the regular session on Monday, June B. 1959, were read and approved. Public Attorney Leonard Greenhaw appeared before the Council in regard to the petition to close hearing certain streets in the Evelyn Hills Addition to the City of Fayetteville, Arkansas. onlclosingtrhis being the time and place set for the public hearing on this petition, Mr. Greenhaw.t of certain 'presented a proof of the publication of notice of the public hearing and an abstractor's: streets certificate of ownership of land involved, together with a letter signed by the managers inEvelyn of the several utility companies stating that they saw; no reason why the streets should Hills ADD. not be closed insofar as utility easements were concerned. After a brief discussion, there being no objections to the petition, Mr. Greenhaw, at the request of the Council, read a proposed ordinance entitled, "AN ORDINANCE VACATING AND ABANDONING PORTIONS OF CERTAIN UNOPEN AND UNUSED STREETS IN EVELYN HILLS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS" Alderman Walker moved that the Ordinance be passed. The motion was seconded by Alderman Hatfield and passed unanimously, whereupon the Mayor declared the Ordinance passed. Alderman Smith then 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. Ord. ORDINANCE N0. 1205 No. 1205 AN ORDINANCE VACATING AND ABANDONING PORTIONS OF CERTAIN UNOPEN AND UNUSED STREETS IN EVELYN HILLS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. HEREAS, a petition was duly filed with the City Council of the City of Fayetteville, rkansas, on the 8th day of June, 1959, adking the City Council to vacate and abandon all hat portion, of Willow Avenue between Abshier Drive and Woodcrest Drive and all that porgy ion of Woodcrest Drive between U. S. Highway No. 71 and Hillcrest (originally platted as alnut) Avenue, as designated on the plat of Evelyn Hills Addition to the City of Fayette - ills, Arkansas, now appearing of record in Plat Book No. 2'at page 61 thereof in the ffice of the Recorded of Washington County, ArkansWs. WHEREAS, after due notices as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portions of said streets hereinbefore described have heretofore been dedicated to the public use and have not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat; that all the owners of the property abutting upon the portions of said streets to be vacated have filed with the Council their written consent to such abandonment; and that public interest and wel- fare will not be adversely affected by the abandonment of such portions of such streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons 11 its rights, together with the rights of the public generally, in and to all that ortion of Willow Avenue between Abshier Drive and Woodcrest Drive and all that portion f Woodcrest Drive between U. S. Highway No. 71 and Hillcrest(originally platted as alnut) Avenue, as designated on the plat of Evelyn Hills Addition to the City of Fayette- ille, Arkansas, now appearing of record in Plat Book No. 2 at -page 61 thereof in the ffice of the Recorder of Washington County, Arkansas. Section 2. A copy of this ordinance duly certified by the City Clerk shall be filled n the office of the Recorder of Washington County, Arkansas, and recorded in the deed ecords of said county. Section 3. That all ordinances and parts of ordinances in conflict with this ordin-1 ce are hereby repealed and this action being necessary for the public health, peace, fety, order, comfort and convenience within the City of Fayetteville, Arkansas, an ergency is hereby declared to exist and this ordinance shall be in full force and effect om and after its passage and approval. PASSED AND APPROVED THIS 22nd day of June, 1959. c APPROVED: ,i ATTEST: Q PWRISIY.—MAYOR f GEORGE J S, CITY CLERK Petition Attorney Pete Estes appeared beforb the Council with a petition to rezone certain property tolrezone belonging to Roy Guinn and Vera Guinn, husband and wife, located in the southwest part of certain the City of Fayetteville, Arkansas,and which had been approved by the Planning Commission property lof Fayetteville, Arkansas. in SW (After a brief discussion, Mr. Estes, at the request of the Council, read a proposed SW'part paordinance entitled,"AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1008 APPROVED OCTOBER 220 of City* 19 51, REZONING AND ADOPTING BY REFERENCE THERETO ZONING ORDINANCE N0. 1002 APPROVED Va oyand (SEPTEMBER 10, 1951, AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOBER Be 1951, AS AMENDED: x TO REZONE CERTAIN REAL ESTATE FROM ZONE C -DISTRICT TO ZONE G -INDUSTRIAL DISTRICT". Guinn art Ildexman Walker moved that the ordinance be passed. Property. y• 'e motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the Ordinance passed.. declared Kent then moved that the emergency clause be adopted. • The motion was seconded by Alderman Hatfield and passed unanimously, whereupon the Mayor declared the emergency clause adopted: 11 ORDINANCE NO, 1206 Ord. No. N ORDINANCE AMENDING ZONING ORDINANCE N0, 1008 APPROVED OCTOBER 2Z. 1951, REZONING AND 1206 ADOPTING BY REFERENCE THERETO ZONING ORDINANCE NO, 1002'APPROVED SEPTEMBER 109 1951, SAS AMENDED BY ORDINANCE NO, 1005 APPROVED OCTOBER 8i 1951, AS AMENDED: TO REZONE CERTAIN REAL ESTATE FROM ZONE C -DISTRICT TO ZONE G -INDUSTRIAL DISTRICT, WHEREAS, a public hearing was held before the Planning Commission of the City of ayetteville, Arkansas, on June 16, 1959, and adjourned session on June 17, 1959, on a roposed ordinance to rezone the following described land located in the City of Fayett ille, Washington County, Arkansas, from Zone C -District to Zone G -Industrial District: A part of the Southwest quarter (SWT.) of the Northwest quarter (NW -44-) of Section 21, Township 16 North, Range 30 West, more particularly described as follows, to -wit: Beginning at a point 218 feet North of the Southeast corner of said 40 acre tract, and running thence North 266.66 feet, thence West 445.5 feet, thence South 268.66 t, thence East 445.5 feet to the point of beginning. aau, WHEREAS, a notice of said public hearing, setting forth the time, place and purpose hereof was published in the Northwest Arkansas Times, a newspaper of general circulatio n said City, more than 15 days prior to said public hearing WHEREAS, following said public hearing, said Planning Commission certified to the ity Council of the City of Fayetteville, Arkansas, its.recommendation that an ordinance e passed rezoning the above described tract of land from Zone C -District to Zone -Industrial District, 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 corporate imits of the City of Fayetteville, Washington County, Arkansas, b;e, and the same hereby s, rezoned from Zone C -District to Zone G -Industrial District, to -wit: A part of the Southwest quarter (SW4) of the.Northwest quarter(MY ) of Section 21, Township 16 North, Range 30 West, more particularly described as follows, to -wit: Beginning at a point 218 feet North of the Southeast corner of said 40 acre tract, and running thence North 268.66 feet, thence West 445.5 feet, thence South 268.66 feet, thence East 445.5 feet to the point of beginning. Section 2. That all ordinances and parts of ordinances in conflict with this ordin- amen: he Board of Directors of the Fayetteville Chamber of Commerce would like to reaffirm it equest that individual plans submitted as a result of the planning study of Fayettevill of be adopted in part, but that all of the plans be studied before they are submitted or adoption. Fn addition to this the Board of Directors respectfully requests the City Council to • revoke the action taken on the street plan until all other plans -are studied. Sincerely, (s) Wesley J. Gordon . 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. PASSED AND APPROVED THIS 22nd day of June, 1959. APPROVED: ` Ja AUSTIN PARISIrs MAYOR ATTEST: GEO AVIS, CITY CLERK Mr. Paul Heerwagen appeared before the Council on behalf of the Humane Society in regard to obtaining some land from the City for the purpose of constructing a suitable building for the stray animals,-' i '. '. A long discussion followed but no action was taken. Library The Mayor reported that he had a letter from the Library Board requesting that the City discussed. accept the library and appoint a Library Board. After a long discussion on the legality and financing, Alderman Lunsford moved to refer this to the Finance Committee and City Attorney for study and recommendation at the next regular Council Meeting. the motion was seconded by Alderman Walker gnd passed unanimously. The Mayor read a_letteir from the Fayetteville Chamber of Commerce concerning the Master Planning Program for the City of Fayetteville.. very long discussion followed but no action was taken. Letter from Copy of Letter from Chamber of Commerce Co reefC June 22, 1959 Master Planning Pro ram. g Mayor Austin Parish sand the City Council Pity Administration Building Fayetteville, Arkansas amen: he Board of Directors of the Fayetteville Chamber of Commerce would like to reaffirm it equest that individual plans submitted as a result of the planning study of Fayettevill of be adopted in part, but that all of the plans be studied before they are submitted or adoption. Fn addition to this the Board of Directors respectfully requests the City Council to • revoke the action taken on the street plan until all other plans -are studied. Sincerely, (s) Wesley J. Gordon . A08 Ito Ai S Cl osed no. u. be udied. oint d inson oard of ustment, nRPt- 0 rchase ercised. derman Kent reported that the Finance Committee had approved the bills and he moved ey be allowed as approved. e motion was seconded by Alderman Burgin and passed unanimously, brief discussion was had concerning the purchasing ordinance which had been left on i irst reading at the last regular session of the City Council on Monday, June 8, 1959. lderman Walker moved to refer the ordinance to the Ordinance Committee, City Attorney, nd City Contboller for study and recommendation at the next regular Council meeting. he motion was seconded by Alderman Smith and passed unanimously. -el4�rdc he Mayor reported that Mr. J. R. Crocker was very ill and that he had 1�—` rasps resignation from the Board of Adjustment. he Mayor recommended that Mr. Fred.Robinson be appointed to the Board of Adjustment to ill this vacancy. lderman Burgin moved to accept the recommendation of the Mayor and appoint Mr. Fred obinson to the Board of Adjustment to finish the unexpired term of Mr. J. R. Crocker. he motion was seconded by Alderman Kent and passed unanimously. . Edd Connell appeared before the Council and reported that he had several options for al estate to be purchased for the new dam and lakesite. ter a long discussion, Alderman Barnhart moved to exercise three of theoptions and rchase three tracts; of real estate described as follows: One tract frgm Chester C. Tyner and Ruth L. Tier, husband and wife, consisting of 1.3 acres�^0 owri6 s Tract T-2,for the sum of 100.00 One tract from S. B. Patrick and Manie F. Patrick, husband and wife, consisting of acres, more,or less, known as Tract P-3, for the sum of $150.00 One tract from Mrs. Pauline Newton consisting of 8.8 acres, more or less, known as t B-2, for the sum of $440.00. motion was seconded by Alderman Burgin and passed unanimously. (he Mayor reported that some other business should come before this session of the Counci put ha,:wishedcthei,CoixnciJ to meet in an adjourned session on Tuesday, June 23, 1959, at 3:00 P. M. before the special session to be hel� at that time, and he declared the meeting adjourned until 3:00 P. M. On Tuesday, une 23, 1959. APPROVED: . //J. AVJ111V rt�nl�n, innivai ATTEST: G GE' J. AV�I�fY CLERK The City Council of Fayetteville, Arkansas, met its r session on Tuesday, June 23, ijourned 19599 at 3:00 P. M. ;ssion. resent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. (Jones, City Engineer W. C. Smith, City Attorney A. D. McAllister Jr., and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. Abrant: Chief of Pol6ce Pearl Watts, and Fire Chief Burl Skelton. lderman Barnhart introduced and read an ordinance entitled,"AN ORDINANCE CREATING THE Xffic OFFICE OF TRAFFIC CLERK OF THE CITY OF FAYETTEVILLE, ARKANSAS, PRESCRIBING DUTIES, FIXIN( irk ALARM, AND FOR OTHER PURPOSES". iinanc e )e after a brief discussion, Alderman Burgin moved to amend the first section of the ordinal :07 to read,111. That there is hereby created the office of traffic clerk whose salary shall be fixed by the City Council". The motion was seconded by Alderman Walker and passed unanimously. Alderman Walker then moved that the ordinance be passed. The motion was seconded by Alderman Burgin and passed unanimously, where{4pon the Mayor declared the ordinance passed. ORDINANCE NO. 1207 AN ORDINANCE CREATING THE OFFICE OT TRAFFIC CLERK OF THE CITY OF FAYETTEVILLE, ARKANSAS, PRESCRIBING DUTIES, FIXING SALARY, AND FOR OTHER PURPOSES.; AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS 1. That there is hereby created the office of traffic clerk whose salary shall be fixed by the City Council. 2. That the traffic clerk shall be appointed by the Mayor subject,however, to the onsent and approval of the Fayetteville City Council. That the traffic clerk shall exer- ise the powers and duties ass provided in this ordinance and in addition thereto shall erform the duties of municipal court clerk as is now or shall hereafter be prescribed y law. 3. The traffic clerk shall assist the Judge of the Fayetteville Municipal Court with he clerical work of traffic cases. The office of the traffic clerk shall be open from 9: 'clock A.M. until 12:00 Noon and from 1:00 o'clock P.M. until 5:00 o'clock P.M. on Monde hrough Fridays and from 9:00 o'clock A.M. until 12:00 o'clock Noon on Saturday each week xcept upon legal holidays. 4. The Judge of the Fayetteville Municipal Court shall designate the specified offens nder the traffic ordinances of this city and the state traffic laws in respect to which syments of fines may be accepted by the traffic clerk in satisfaction thereof, and shall pacify by suitable schedules the amount of such fines for first, second, and subsequent ffenses, provided such fines are within the limits declared by law or ordinance, and she urther specify what number of such offenses shall require appearance before the Municipe 'edge and the required amount of bail for such offenses. 5. Any person charged with an offense for which payment of a fine may be made to the raffic clerk shall. have the option of paying such fine within the time specified in the Lotice of arrest to the traffic clerk upon entering a plea of guilty and upon waiving LmDearance in court; or may have the option of depositing required lawful bail and upon KI • ;e s s