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HomeMy WebLinkAbout1960-11-14 Minutes64 Public Hea,ing to vacate portion of Walnut Ave. Accept Deed for Street purposes from W.M.Center & Wife. Stl eat notl to be pavied over gas line. . No. 251e zoning riott arson iition. The City Council of Fayetteville,Arkansas, met in regular session on Monday, November 14, 960, at 7:30 P.M. resent: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones ity Attorney A. D. McAllister, Jr., City Engineer W. C. Smith, Chief of Police Pearl atta, Fire Chief Burl Skelton,. and Aldermen_: Barnhart, Smith, Burgin, Lunsford, M001611 nd, atfield, Kent, and Walker. Absent: None. . Phe minutes of the regular meeting on Monday, October 24, 1960, were read and approved. he Mayor reported this was the date, time, and place set for a public hearing on a etition to close that portion of Walnut Avenue lying between the South line of Sutton treat and the North line of that portion of Walnut Avenue heretofore vacated by oPder f the Chancery Cot3rt of Washington County, Arkansas, and that all persons having 6bjec- ions to the vacating of this street would be heard at this time, here were no objections but action was deferred until the next regular meeting of the ouncil on Monday, November 28, 1960. he City Clerk read the minutes of the meeting of the Planning Commission on November 11 960, wherebythe PlanningCommission Q�rpq�}��} 4449 acce tante b the Cit of a Ight-Of-WayDeed For Street Purposes r ifiMR1Y7 g'M'.�Center and Wilma J. Center, husben nd wife, which is an extension of 15th StreetA!lp 39 for Le al Description) iter a brief discussion, Alderman Smith moved to accep iifa f; ova ee For Street urposes from William M. Center and Wilma J. Center, husband and Wife* he motion was seconded by Alderman Walker and passed unanimously. r. Jimmy Walker and Arnold Christie, representing the Arkansas Western Gas Co., appeared efore the Council in.regard to an -easement owned by the Gas Co. extending along 15th Ii treet,.requesting that the City not pave over their gas line on 15th Street. fterrd#seuseJony_aAldbrmdntMeGle1-19L mov6dt.that the Mayor.jinatruet7.thg atraettDept.not to age over•thg,gas line on 15th $treat since the gas line is south of the center line, taking ntg,cQn@ ceratipn�;therdeed;,oF1PI.lM. C40A 1 &liwife�,gf 25oSeet ap$�;bhe,zdedleatlQn. # thea25ft. strip bypMr�.iPan rel�tLtF,.Garriott e$flreflectedcby:,p-3 at ,oflGarrlQtt; AddltitOn filed in of Ice of Circ - he motion was seconded by Alderman Lunsford and upon roll call the following vote was luit Clerk of ecorded: "Aye" Burgin, -Lunsford, McClelland, Hatfield, and Kent. Wash. Co. on Nay" Barnhart, Smith, and Walker. There being five "Ayes" and three "Nays", the Mayor July 8,1959, eclared the motion passed. e City Attorney then introduced and read in its entirety a proposed ordinance which ha an approved by the Planning Commission entitled, "AN ORDINANCE AMENDING ZONING ORDINAN 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 13, 1960, TO ZONE CERTAIN REAL ESTATE FROM ZONE "R -2 -TWO FAMILY "RESIDENTIAL DISTRICT" TO "I -2 -HEAVY DUSTRIAL DISTRICT" deiman Walker moved that the ordinance be passed. The motion was seconded by Alderman ith and passed unanimously, whereupon the Mayor declared the ordinance passed. derman Kent then moved that the emergency clause be adopted. The motion was seconded Alderman Hatfield and passed unanimously, whereupon the Mayor declared the emergency ause adopted. ORDINANCE N0.01251 ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ANSAS, APPROVED JUNE 13, 19600 TO -MZONE CERTAIN REAL ESTATE FROM ZONE "R -2 -TWO FAMILY IDENTIAL DISTRICT" TO"I-2-HEAVY'INDUSTRIAL.DISTRICT". WHEREAS, a public hearing was held before the Planning Commission of the City of ayetteville, Arkansas, on November I1, 1960, on the petition of Earl Garriott and Myrtl ose Garriott, Husband and Wife, Howard Anderson, Thomas H.wBridenthal and Dorotha A. ridenthal, Husband and Wife, requesting that said Planning Commission recommend to the ity Couneil-of the City of Fayetteville, Arkansas, that said City Council enact an rdinanoe rezoning all that portion of Garriott Subdivision to the City of Fayetteville, rkansas, and Anderson's Second Addition to the City of Fayetteville, Arkansas, not resently zoned as 11I-2=Heavy Industrial District" from "R -2 -Two Family Residential Dist ict" to "I -2 -Heavy Industrial District" and WHEREAS, notice of said public hearing, setting forth the date, time, place, purposes f hearing, and location of property was published in the Northwest Arkansas Times, a ewspaper of general circulation in said City, more than 15 days prior to said public Baring, and 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 adopted rezoning 'all , that.portion of Garriott Subdivision to the City of Fayetteville.., rkansas, and Anderson's Second Addition to the City of Fayetteville, Arkansas, not presln oned as "-I2-Heavy Industrial:Distriet" from "R -2 -Two Family'Residential District" to I -2 -Heavy Industrt.ial District". OW, THEREFORE, -BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That all that portion of Garriott Subdivision to the City of Fayetteville, rkansas,"AND Andera6�i;',s�3eeondeAddition .to"£hetCitga3f-F.sye£tbville �aAs7tffihsaS"�iotipresRi t �nedi`as ..I=2-He�vjr? Indu�treelDatrict-be,Land=•the` same =•heretic raaoried'�&rom�aE=2=wo amily Residential District" to "I-2-Heav7 Industrial District". . Section 2. That all ordinances or parts of ordinances in conflict herewith are here ealed, and this action being necessary for the public health, peace, safety, order, fort, and.convenience within the City of Fayetteville, Arkansas, an.emergency is here lared to exist and this ordinance shall be in full force and effect from and after it sage, approval, and publication. PASSED AND APPROVED THIS 14th day of November 1960. PTEST:- GEORG A , GITY C�RX- yX Eo BROWNv MAYOR 5M r LEGAL DESCRIPTION OF REAL ESTATE REFERRED TO IN "DEED FOR STREET PURPOSES ON PAGE 3 Legal D1,scrilption * (A part of the NW 1/4 of the SW 1/4 of Section 21, Township 16 North, Range 30 West o of property The Fifth Principal Meridian, County of Washington, State of Arkansas, being more in Right of -Way particularly described as followsi Beginning at the northeast corner of the SW 1/4 of Deed on Page Section 21, and running thence East 644.75 feet to the West side of Brooks Avenue; 3B• thence South 300 West along the West side of said Brooks Avenue 28.87 feet; thence West 630.32 feet; thence North 25 feet to the place of beginning containing 0.36 acres, more or less.) Alderman Smith reported that a street light was needed near the South Side Baptist Churcl St. Lite at the intersection of Went Avenue and 13th Street (south). South West 4e. Alderman Smith then moved that the Mayor be authorized to cause a street light to be &.13th Sto lInstalled at the intersection of South West Avenue and 13th Street, near the South aide installed, laptist Church. The motion was seconded by Alderman Kent and passed unanimously. A long discussion was had concerning sewer connections on our new sewer lines, i.e. Notice in iwhether immediate steps.should be taken to compel the property owners to make, the sewer paper coneFerning (connections or not, sewer connections, Alderman Smith.moved that the Mayor be authorized and directed to insert in the North- west Arkansas Times Newspaper for three (3) consecutime days, a notice quoting applicable compel se er provisions of the Statute of the State of Arkansas requiring unsevered property owners connectiolna. located within 300 feet of an existing sewer line to connect to such sewer line. That the notice further state that appropriate action will be instituted by the City of Fayetteville to insure prompt compliance with the requirements of the State laws in the levant such sewer connections to the'unsewered hous9,dwelling, or building concerned are not voluntarily completed by January 3, 1961. The motion was seconded by Alderman Lunsford and passed unanimously. 4" water mains I lderman McClelland read a letter from the Water Superintendent W. C. Smith in regard to to I `the construction of a 4 inch water main from the high service system on Mt. Seguoyah to Waneetah Hts. Waneetah H61ghts in order to give more water pressure to the people living on Waneetah �Ieights, After a brief discussion, Alderman McClelland moved to authorize the Water Superintenden' to purchase the necessary pipe from the low bidder and install the 4 inch water mains wi, city forces as he had recommended. The motion was seconded by Alderman Burgin and passed unanimously. Duck hunting iThe Mayor reported that he had received several requests to hunt ducks on the City Lakes, on City Lakes. Afterqq, long discussion, Alderman Kent moved to refer this to the Water Committee and Water ('�$P.'o.tas to prepare rules and regulations and present at the next regular Council meeting on Monday. November 28, 1960. The motion was seconded by Alderman Walker and passed unanimously. There being no further business, Alderman Smith moved to adjourn. The motion was seconds( by Alderman Lunsford and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST SZGUY EV BROWN� A R G 0 WISAVSCITY CLEW Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, November 2 Meeting 19609 at 7:30 P.M. , Present: Mayor Guy E. Brown, 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 WAtt Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, Hatfield, and Walker. Absent: Aldermen McClelland and Kent. The minutes of the regular meeting on Monday, November 14, 1,960, were read and approved. Council to The City Clerk reported that the second regular meeting -in December would be due to be meet lstl& held on December 26 which would be the Xmas Holiday and it was customary to change the 3rd Monday regular meeting dates during that month to either the first and third Monday nights or nights in Dec. the second and third Monday nights. After a brief discussion, Alderman Walker moved to change the regular meeting nights in December, only, from the second and fourth Monday nights to the first and third Monday nights. (December 5 and 19) The motion was seconded by.Alderman Lunsford and passed unanimously. Ordinance The City Attorney reported that he had letters from the three Utility Companies, viz, to vacate Light Co., Gas Co., and Telephone Co. stating they had.no objection to the closing of portion that portion of Walnut Avenue lying between the South line of Sutton Street and the Walnut ve. North line of that portion of Walnut Avenue .•heretofore vacated by order of the Chancer3 Court of Washington County, Arkansas, in the City of Fayetteville and that all other regulations had been complied with regarding the vacating of that portion of Walnut Avenue, The City Attorney then read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE VACATING THAT PORTION OF WALNUT AVENUE LYING BETWEEN THE SOUTH LINE OF SUTTON STREET AND THE NORTH LINE OF THAT PORTION OF WALNUT STREET HERETOFORE VACATED BY ORDER OF THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS, IN THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Hatfield moved that the rules be suspended and the ordinance placed on the second reading. The motion was secmnded by Alderman Walker and passed unanimously, whereupon the ordina• nee was read for the second time. Alderman Hatfield then moved that the rules be further suspended and the ordinance be placed on the third and final reading. The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. After a brief discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, and Walker. "Nay" None. There being six "Ayes" and no "Nays", the Mayor declared the ordinance passed. . , ,