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HomeMy WebLinkAbout1960-12-19 MinutesW Xmas Alderman Lunsford moved that a bonus of $10.00 be given to each of the City Employees checks of (regular employees) for Xmas as has been the custom for the past several years. $10.00 The motion was seconded by Alderman Burgin and passed unanimously. each for Cityl There being no further business, the Mayor declared the meeting adjourned. Employees. APPROVED: VA ATTEST: ),QQ V4 -' GUV-Eo GEORGE'J 'DA S, Y CLERK{ PAYOR t The City Council of Fayetteville, Arkansas, met in regular session on Monday, December 1S 1960, at 7:30 P. M. Regular' Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, meeting City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl TVatts,� Fire Chief Burl Skelton, and Aldermen: Smith, Lunsford, McClelland, Hatfield, ' Kent, and Walker. ,. kbsent: Alderman Ellis Burgin. Absent at roll call but later entering: Alderman Barnhart The reading of the minutes of the regular meeting on Monday, December 5, 1960, was eferred until the next regular meeting on Monday, January 9, 1961. The Cit Attorney presented a petition for the annexation of certain real estate located Annexat on y y Ordinance. South of the present City Limits along the Cato Springy Road together with a Court Order Accepting from the Washington County Court annexing same to the City of Fayetteville, Arkansas. 'territor` ,fter a brief discussion, The City Attorney intro duced"and read in its entirety for the annexed. .fOIst time an..proposed ordinance entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED �PO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS AND FOR OTHER Southwest PURPOSES" of City Alderman Smith then moved that the rules be suspended and the ordinance placed on the at Fayette (second reading. Junction. The motion was seconded by Alderman Lunsford aid passed unanimously. The ordinance was then read for the second time. Ilderman Smith then moved that the rules be further suspended and the ordinance placed o: t lits third• and final reading. The motion was seconded by Alderman Lunsford and passed unanimously, The ordinance was then read for the third and last time. The Mayor then declared the (ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass. Upon roll call the following vote was recorded:'Aye" Smith, Lunsford, McClelland, Hatfield, Kent, and Walker. "Nay" None. There being six "Ayes" and no "Nays" the Mayor declared the ordinance passed. Ordinance ORDINANCE N0. 1254 No. 125 AN AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO, THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNIN SAID TERRITORY TO WARIJS AND FOR OTHER PURPOSES. i WHEREAS, the County Court of Washington County, Arkansas, did on December 10, 1960, make an order annexing the following described territory to the City of Fayetteville, Arkansas, to -wit: A part of the North half(N2) of the Northeast Quarter (NE4) of Section Twenty-nine (29), Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point 305.6 feet West of the Northeast corner of the North- west Quarter (NWT) of the Northeast Quarter (NE4) of said Section Twenty-nine(29) and running, thence West 511.2 feet to the East line of the Cato Springs Road, thence South 44.3 feet, thence South 14 degrees 36 minutes (140 36").West 499.1 fee thence South lg derees 14 minutes (160 14") West 251.8 feet, thence South 24 dere 26 minutes (24 26 ) West 200.5 feet, thence South 33 degrees 38 minutes (330 38") West 417.8 feet, thence South 20.68 feet to the South line of said 80 acre tract, thence East along the Louth line of said 80 acre tract 1560 feet to the West line of the right of way of-thg St. Louis and San Francisco Railroad, thence North 10 degrees 38 minutes (10 38") West with the West line of said right of way 897.2 feet; thence South 78 d8grees_2 minutes (780 2") West 150.5 feet, thence North 10 degrees l minute (10 111) West 434.1 feet; thence North 44.3 feet; thence West 150 feet to the point of beginning, containing 31.85 acres, more or less. NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the annexation of the above described territory to the corporate limits of the City of Fayetteville, be and the same is hereby accepted. Section 2. That all of the above described territory is hereby assigned to and made a part of Ward One of the City of Fayetteville, Arkansas. PASSED AND APPROVED THIS 19th day of December, 1960. APPROVED: ATTEST: GEORIV J-DAVIS, CITY CLERK Alderman McClelland reported that the Water Committee had recommended that the City rant a License Agreement to Chester Leonard on the Bowen Property purchased by the g City at Lake Sequoyah on a year to year basis to be under the supervision of the Water Superintendent under provisions recommended by the City Attorney and Water Supt. After a brief discussion, Alderman Lunsford moved that the City Attorney and Water Superintendent be and they are hereby authorized to p�p are a License-Aggreement on a year to year basis on the Bowen .Real Estate purchased by the City at' year Lakesite with conditions of the contbact to be under the supervision of the Water Superintendent. The motion was seconded by Alderman Kent and passed unanimously. is li be street ;es to install ede port traffic 71 & 62 4iway. Dept. 10 Ord. No. 1255. Alderman Smith reported that he had received requests for street lights to be installed, at Vandeventer Avenue and Cleburne Street, and one at South School Avenue and Twentieth Street and that this was in accordance with the Master Map furnished by the Southwesters Electric Power Co, on street lighting of Fayetteville. Alderman Smith then moved that the Mayor be authorized to cause street lights to be installed as outlined above. The motion was seconded by Alderman Walker and passed unanimously. The City Engineer reported that he had received a letter from the Arkansas State Highway Department wherein they stated that the left -turn traffic at the intersection of Highway No. 7121.and Highway No. 62 was not heavy enough at the present time to warrant a four -section signal light instead of the three -section traffic light which is now in use at the intersection, however the Highway Department agreed to make left -turn lanes on Highway No. 71 at that point to relieve congestion of traffic. The City Building Inspector appeared before the Oouncil in regard to some amendments which he recommended be made to the present Zoning Ordinance No. 1239 and cited some instances where this was needed immediately. After a long discussion, thdcBuilding Inspector introduced and read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE TO AMEND ORDINANCE N0. 1239 RELATING TO AND REGULATING PLANNING AND ZONING WITHIN THE CITY OF FAYETTEVILLE, ARKANSA: REGULATING AND RESTRICTING THE USE OF LAND AND LOCATION OF BUILDINGS DESIGNED FOR SPECIE USES; REGULATING AND RESTRICTING THE LOCATION OF TRADES AND INDUSTRIES; REGULATING AND LIMITING:: THE HEIGHT AND BULK OF BUILDINGS; REGULATING AND DETERMINING THE AREA OF YARD: COURTS AND OTHER OPEN SPACES; REGULATING AND LIMITING THE DENSITY OF POPULATION; DIVIDIl THE CITY INTO DISTRICTS AND ESTABLISHING BY.REFERENCE A.ZONING.MAP,.SETTING.FORTH THE BOUNDARIES OF SAID DISTRICTS FOR SAID.PURPOSES; CREATING A BOARD OF ADJUSTMENT AND DEFIl ING ITS POWERS AND DUTIES AND FIXING.THE TERM OF OFFICE OF THE MEMBERS THEREOF; FROVIDIl FOR PERMITS AND CERTIFICATES OF OCCUPANCY, AND PROVIDING THAT IF ANY CLAUSE, SENTENCE, SECTION, PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, THAT SUCH INVALIDIT) SHALL NOT INVALIDATE THE REMAINDER OF THIS ORDINANCE". Alderman McClelland moved that the rules be suspended and the ordinance placed on the second reading. The motion was' seconded by Alderman Walker and passed unanimously. The ordinance was then read for the second time. Alderman Kent then moved that the rules be further suspended and the ordinance placed os its third and final reading. The motion was seconded by Alderman Walker and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Smith, Lunsford, McClelland, Hatfield, Kent, and Walker. "Nay" None. There being six "Ayes" and no "Nays", the Mayor declared the ordinance passed. Alderman Kent then moved that the emergency clause be adopted. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the emergency clause adopted. ORDINANCE N0, 1255 AN ORDINANCE TO AMEND ORDINANCE NO, 1239 RELATING TO AND REGULATING PLANNING AND ZONIN( WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, REGULATING AND RESTRICTING THE USE OF LAND Al LOCATION OF BUILDINGS DESIGNED FOR SPECIAL USES; REGULATING AND RESTRICTING THE LOCATIOl OF TRADES AND INDUSTRIES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS, REGULATING AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES; REGULATING AND LIMITING THE DENSITY OF POPULATION; DIVIDING THE CITY INTO DISTRICTS AND ESTABLISHIl BY REFERENCE A ZONING MAP, SETTING FORTH THE BOUNDARIES OF SAID DISTRICTS FOR SAID PUR- POSES; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES AND FIXING THE TERM OF OFFICE'OF THE MEMBERS THEREOF; PROVIDING FOR'PERMITS AND CERTIFICATES OF OCCUP- ANCY, AND PROVIDING THAT IF ANY CLAUSE, SENTENCE, SECTION, PARAGRAPH, OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, THAT SUCH INVALIDITY SHALL NOT INVALIDATE THE REMAINDE7 OF THIS ORDINANCE. BE_IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. Section 1. That subparagraph d. of paragraph 1 of Section 7. C_2 Ll District be and the same is hereby amended to read as follows, C 'Id. Signs-- each business establishment may install outdoor advertising signs and si nels aggregating not over 450 square feet in sign area, provided that: 1) Floor lights or lights are arranged so as to reflect light away from adjoining residential properties. 2) No more than 300 square feet of sign area is provided for each fifty (50) feet of frontage. 3) No signs shall be placed within ten (10) feet of a residential district". Section 2. That subparagraph be of paragraph 4. Area and Bulk Regulations of Section 7. C-2 Thorouahfare Commercial District be and the same is hereby amended to read as folio, "b. Side and rear yard --no side yards are required except ten (10) feet when propert is contiguous to a residential district, or if the side and is on an intersectin stree but no structure shall be placed closer t an en ee of a rear propert,y ne, exclusive of alley. However, if parking is permitted on the side yard of an intersectinE street, the set back shall be no less than forty (40) feet from the intersecting street. In case a building exceeds three (3) stories in height, two (2) feet of side and rear yards shall be required for each additional story in height.'! Section 3. That ,Section 1. Lot of Record Prior to Adoption_of Ordinance be and the same is hereby amended by adding thereto the following paragraph, to -wit: "Any lot which is located in a residential district (zone) within the City, which wag platted and recorded prior to the adoption of this ordinance and which does not have sufficient land to conform to the yard width requirements of this ordinance may be used as a building site for a single family structure, provided that the side yard set back from the roof overhang is no less than five (5) feet and that the lot area and other requirements of the district are met". MA one m Section 4. All ordinances or parts oi' ordinances in conflict herewith shall be and Ordin ce the same are hereby repealed, and that this ordinance being necessary for the preserl- No. 1255 ation of the public peace, health, comfort, convenience, mortals, safety and welfare of (cpmt!`inued) he City of Fayetteville, an -:emergency is declared to exist and this ordinance shall be I lin full force and effect from and after the date of its approval. Ordinance fixing salary of City Attorney, Ordinanc No. 125 12ebnt�h�'l I l� i ASSED AND APPROVED THIS 19th day of December, 1960. APPROVED: PTEST: ' GEOR^ J. A IS, CITY C E M lderman Barnhart entered at this time and was noted by the Clerk.). lderman McClelland was excused at this time) Alderman Kent reported that the Finance Committee had met and that they recommended re 2400.00 f the City Attorney be raised from $150.00 per month to 0200.00 per month �$ per year, and that they further recommended that a future study be made lith reference to hiring a full time paid City Attorney. 'he City Attorney then introduced and read a proposed ordinance in its entirety for the 'irst time entitled, "AN ORDINANCE FIXING THE SALARY OF THE CITY ATTORNEY OF THE CITY IF FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES". .lderman Hatfield moved that the rules be suspended and that the ordinance be placed on ,he second reading. he motion was seconded by Alderman Kent and passed unanimously., he ordinance was then read for the second time. .lderman Hatfield then moved that the rules be further suspended and the ordinance laced on its third and final reading. he motion was seconded by Alderman Smith and passed unanimously, he ordinance was then read for the third and last time. he Mayor then declared the ordinance open for discussion. There'being no discussion, he Mayor asked the question, "Shall the Ordinance pass"? pon roll call the following vote was recorded: "Aye" Barnhart, Smith, Lunsford, atfield, Kent, and Walker. "Nay" None. here being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1256. .N ORDINANCE FIXING THE SALARY OF THE CITY ATTORNEY OF THE CITY OF FAYETTEVILLE, ARKANS. .ND FOR OTHER PURPOSES. WHEREAS, the term of the City Attorney of cities of the First Class ,expires on ecember 31 in even numbered years, and by statutes adopted, the emoluments of theoffic f City Attorney can neither be increased nor diminished for the term for which said ity Attorney was elected, and WHEREAS, it is the desire of the City Council of the Laity of Fayetteville, Arkansas, provide compensation to the City Attorney of Fayetteville, Arkansas, in an amount at .at equal to the average salaries received by City Attorneys in other cities of [parable size in the State of Arkansas. , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE: ction 1. The City Attorney of the City of Fayetteville, Arkansas, shall perform such ties as are prescribed by law for City Attorneys of cities of the First Class having aldermanic form of government and such duties as he is at present performing under isting ordinances of the City of Fayetteville, Arkansas, and routine duties in nnection with the activities of the Water and Sewer Departments. ction 2. The salary of the City Attorney of the City of Fayetteville, Arkansas, is reby fixed at $200.00 per month, beginning January 1, 1961, at the time a new term gins, which salary shall be full compensation for all services required to be perform the City Attorney of the City of Fayetteville, Arkansas. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed, and it appearing that the new term of the City Attorney of 'thbaCity of Fayetteville, will begin on January 1, 1961, and it being the intention that this Ordinance shall take effect at the same time that the term begins; this -Ordinance shall be in full force and effect on and after January 1, 1961. PASSED AND APPROVED THIS 19th day of December, 1960. APPROVED: i , Alderman Hatfield then introduced and read a proposed resolution commending the retiri Aldermen and City Attorney. Thdlresolution was adopted by acclamation. RESOLUTION 17-60 C Attorney WHEREAS, D. McAllister, Jr., and Aldermen Grady Dale Kent, Bruce Lunsford, an'd Ralph Barnhart are retiring as officials of our City Government, and WHEREAS, A. D. McAllister, Jr. has served as our City Attorney for a period of ten years, and WHEREAS, Grady Dale Kent has served as an Alderman of.our City for a period of eight years, and WHEREAS, Bruce Lunsford has served as an Alderman of our City for a period of three years, and WHEREAS, Ralph Barnhart has served as an Alderman of our City for a period of three years, and , WHEREAS, By their cooperation and untiring efforts, together with the other officials f our City Government, they have, in the completion of the 1958 Water and Sewer Expansion roject, The Airport Improvement Project, and a new Library Building, which is in the rocess of construction, made the City of Fayetteville a better place to live, thereby recting a permanent monument to themselves and their posterity. OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: action 1. That a vote of appreciation by the City Council be extended to each of these ;tiring members of the City Government of Fayetteville, Arkansas. action 2. That a copy of this resolution be mailed to each retiring member and that this ;solution be copied in the Minutes and made a permanent record in the PROCEDURE OF THE ITY COUNCIL. The City Council of Fayetteville, Arkansas, met in regular session on Monday, January 9; 1961s at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jonel, City Attorney Bass Trumbo, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Short, Smith, Burgin, Thomas, McClelland, Hatfield, Christie, and Walker. Absent: City Engineer W. C. Smith. The minutes of the regular meetings on Monday, December 5, 1960, and Monday, December 19, 1960, were read and approved. �°�'Lo Alderman McClelland reported that the special committee appointed by the Mayor had met AND APPROVED THIS 19th day of December, 1960. and they recommended the acceptance of the plat submitted by Mrs. Vera Noll Lewis which mitted was a replat of Lots 4-11 and Lots 15-27 of East Mountain Addition to'the City of PASSED APPROVED: Fayetteville, Arkansas. 1 Lewis. The City Clerk then read a proposed ordinance in its entirety entitled, "AN ORDINANCE•T Ea- MAYOR ATTEST: , ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN A REPLAT OF L 4-11 AND LOTS*15-27 OF EAST MOUNTAIN'ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". GEO •DAVIS CIT CLERK RQJ� , Alderman McClelland moved that the ordinance be passed. Close The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor Alderman Kent reported that the Finance Committee had recommended that the City Offices declared the Ordinance passed. ty ORDINANCE N0. 1257. lin the City Administration Building be closed all day on Saturday and Sunday since the ffices County Offices in the County Court.House are going to close on those days. Sat. lfter a brief discussion, Alderman Kent moved that under authority contained in Uity VILLE, ARKANSAS. ;Ordinance No. 1098, passed and approved November 7. 1955, and recorded on Page 144, ville, Arkansas, a plat dated August, 1960, known as a Replat of Lots 4-11 and Lots 15 - Volume F. Procedure of the City Council, that the City Offices in the City Administration of East Mountain Addition to the City of Fayetteville, Arkansas, by which the owners of Building remain ;,pen during the hours from 8:00 o'clock A.M.CST. until 5:00 o'clock P.M. ments shown upon said plat; and leach week day on Monday through Friday, except holidays, and to be closed on Saturday and WHEREAS,. the City Planning Commission of the City of Fayetteville, Arkansas, has Sunday of each week, beginning January 11 1961. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, rhe motion was seconded by Alderman Barnhart and passed unanimously. ARKANSAS: There being no further business, Alderman Walker moved to adjourn. The motion was seconded by Alderman Smith and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED$ ATTEST* GUY Ea B ROWN..MAYOR GEO DAVIS, CITY CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, January 9; 1961s at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jonel, City Attorney Bass Trumbo, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Short, Smith, Burgin, Thomas, McClelland, Hatfield, Christie, and Walker. Absent: City Engineer W. C. Smith. The minutes of the regular meetings on Monday, December 5, 1960, and Monday, December 19, 1960, were read and approved. �°�'Lo Alderman McClelland reported that the special committee appointed by the Mayor had met and they recommended the acceptance of the plat submitted by Mrs. Vera Noll Lewis which mitted was a replat of Lots 4-11 and Lots 15-27 of East Mountain Addition to'the City of Vera Fayetteville, Arkansas. 1 Lewis. The City Clerk then read a proposed ordinance in its entirety entitled, "AN ORDINANCE•T ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN A REPLAT OF L 4-11 AND LOTS*15-27 OF EAST MOUNTAIN'ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman McClelland moved that the ordinance be passed. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the Ordinance passed. irdinance ORDINANCE N0. 1257. o. 1257 AN ORDINANCE TO ACCEPT AND CONFIRM.THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS A REPLAT OF LOTS 4 - 11 AND LOTS 15-27 OF.EAST.MOUNTAIN ADDITION TO THE CITY OF FAYETTE VILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayette- ville, Arkansas, a plat dated August, 1960, known as a Replat of Lots 4-11 and Lots 15 - of East Mountain Addition to the City of Fayetteville, Arkansas, by which the owners of the platted real estate have dedicated for the public use the streets, alleys, and ease ments shown upon said plat; and WHEREAS,. the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys, and easements, dedicated in the Replat of Lots 4-11 and Lots 15--27 of East Mountain Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements, to be public streets, alleys, and I easements, and the said City Council hereby assumes the care, control and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from a after its passage, approval and publication. DATED THIS 9th day of January, 1961. APPROVED: ATTEST* +_ 7 BRQWIN, GEORGE 5��,� CLERK