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HomeMy WebLinkAbout1961-10-09 MinutesSECTION 15. If any section, clause, provision or part of -this ordinance shall be he valid or uncoristitutional by'any'court of competent jurisdiction, su6h section, clause )vision or part shall be deemed severable and separable, and the remainder of this ord ince shall be and remain in full force and effect. -SECTION 16. All ordinances'or parts of ordinances in conflict'herew.ith shall be and s same are hereby repealed,'aiid'this ordinance being'necessary'for the- preservation of public peace, health,'comfort,-convenience, morals, safety; and welfare'of the City Fayetteville, Arkansas, an emergency is hereby declared to exist and this ordinance ill be in full force and effect from and after its passage, approval, and publication. Home Alderman Christie then moved to refer the "Home -Occupations Clause" in the amended Occupations Zoning Ordinance No-, 1276 to the Planning'Commission for further study and recommendat clause The motion was seconded by Alderman Burgin and passed unanimously. fe rerred - ._ to There being no further -business, Alderman Short'moved to adjourn. The motion was secon Plan. by Alderman Smith and passed unanimously, whereupon the Mayor declared the meeting Com. adjourned. APPROVED: ATTEST: SAF , R 'GBORUF1�JaDAVISv GMT CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, October 1961, at 7:30 P. M. Present: Mayor Guy'E; Brown, City Clerk George J. -Davis, City Attorney Bass Trumbo, City Engineer W. C. Smith. -Chief of Police'Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Walker, Christie, Hatfield,,Thomas, Burgin; Smith; and Short. Absent: Alderman J. E. McClelland and City Controller Albert J. Jones. The minutes of the regular meeting on Monday, September 25, 19619 a copy of which had been mailed to each of the Aldermen, were approved. Deed for PASSED AND APPROVED this 25th day of September, 1961, street APPROVED: Parish, husband and wife, for a street extending south from Holly Street located in the ATTEST: Northwest part of'the City:: 2&=1a4tt;f;e • BRUWNt MAYOR DA.ViSt CITY CLERK Deed for Alderman Burgin moved to accept the deed and authorize the City Clerk to have the deed st'purpose presented Parish Alderman McClelland presented a Deed for Street Purposes from J. Austin Parish and -R. -property recorded in the Circuit Clerks Office. Ethel Parish,'husband and wife, said being located"in the vicinity of the and deferredtt action proposed shopping center at the intersection of Garland Avenue North Street, and the - it Mt. Comfort"".Road: (T}_is"was not on the Agenda for this meeting) because Public- After a long discuss on, Alderman Thomas moved to defer action on this until the next was agenda. not on meetin . .... - .. . .... ... The -Burgin -and Investment Co: requesting the City to abandon certain portions of a turn -around located motion was seconded by Alderman upon roll call the following vote was onpetition recorded: " Walker, Christie, Hatfield, and McClelland. to " " Thomas, Burgin, -Smith, and Short.' The City Clerk reported that notice of the public hearing had been published once a week here being Four Ayes"' and Four "Nays",-tlie vote resulted in a tie and it.ebecame the -around for two consecutive weeks in the Northwest Arkansas Times, a newspaper published in duty of"the'Msyor to cast his vote to decide the' issue'. onlVista The Mayor -voted, -"Aye", thereby 'resulting in five votes to defer'action until the next Place. meeting of the Council and Four voting to take action that night. Arkansas, and that4he had caused a dertificateof Title showing the owners of record of 'involved.-' The Mayor declared that action would be taken at the next meeting. the property - -� - Appoint The'Mayor reported that Mr. Clay Yoe had resigned from the'Plahhing Commission and he Bill recommended that'the Council appoint Mr:"Bill Dalton to this vacancy. Dalton Alderman Burgin moved to accept the recommendation of"the Mayor and appoint Mr. Bill Planning be eliminated when the county road is opened and improved in accordance with the City's Dalton as a member'of"the -Planning 'Commission vice Mr. Clay Yoe. Commission. The motion was seconded by Alderman Short and passed unanimously. Home Alderman Christie then moved to refer the "Home -Occupations Clause" in the amended Occupations Zoning Ordinance No-, 1276 to the Planning'Commission for further study and recommendat clause The motion was seconded by Alderman Burgin and passed unanimously. fe rerred - ._ to There being no further -business, Alderman Short'moved to adjourn. The motion was secon Plan. by Alderman Smith and passed unanimously, whereupon the Mayor declared the meeting Com. adjourned. APPROVED: ATTEST: SAF , R 'GBORUF1�JaDAVISv GMT CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, October 1961, at 7:30 P. M. Present: Mayor Guy'E; Brown, City Clerk George J. -Davis, City Attorney Bass Trumbo, City Engineer W. C. Smith. -Chief of Police'Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Walker, Christie, Hatfield,,Thomas, Burgin; Smith; and Short. Absent: Alderman J. E. McClelland and City Controller Albert J. Jones. The minutes of the regular meeting on Monday, September 25, 19619 a copy of which had been mailed to each of the Aldermen, were approved. Building The City Building Inspector reported that a Mr. Ed McCormick had requested a building Permit off permit for constructing a building "off James Street but hedcouldenot issue the permit James St, because it would be on an vmnamed street; -however he reported that the Planning Commission recommended that's,ermit be i ss, ued to Mr. McCormick to build on his lot provided James p Street be extended to the west end of the lot and that Mr. McCormick either (1) by execution and delivery, dedicate a fifty -foot street (satisfactory to the City Engineer) and with a turn -around to the City, or (2) file a preliminary plat. Deed for The City Clerk presented -a Deed for Street Purposes from J. Austin Parish and Ethel R. street Parish, husband and wife, for a street extending south from Holly Street located in the purposes Northwest part of'the City:: by Austin Alderman Burgin moved to accept the deed and authorize the City Clerk to have the deed Parish recorded in the Circuit Clerks Office. accepted. The motion was seconded by Alderman Smith and passed unanimously. The Mayor reported that this'was the time and place set for a public hearing on the Public- petition of Charles _R. Baker and Margaret- Baker, husband and wife, and of the Land hearing Investment Co: requesting the City to abandon certain portions of a turn -around located onpetition at the north end of Vista Place. to vacate The City Clerk reported that notice of the public hearing had been published once a week turn -around for two consecutive weeks in the Northwest Arkansas Times, a newspaper published in onlVista Washington County Arkansas and having a general circulation within the City of Fayetteville, Place. Arkansas, and that4he had caused a dertificateof Title showing the owners of record of 'involved.-' the property - -� - The City Clerk then read the minutes of the Planning Commission recommending to the City Council that the turn=around at'the north end of Vista Place in the Greenfield Addition be eliminated when the county road is opened and improved in accordance with the City's Minimum Street'Standards. There were no objections to'abandoning the turn -around. After a brief discussion and upon the recommendation of the petitioners Attorney A. D. McAllister, Jr., Alderman Thomas moved to table this petition until the county road is opened. '" . The motion was seconded by Alderman Hatfield and passed unanimously. Building The City Building Inspector reported that a Mr. Ed McCormick had requested a building Permit off permit for constructing a building "off James Street but hedcouldenot issue the permit James St, because it would be on an vmnamed street; -however he reported that the Planning Commission recommended that's,ermit be i ss, ued to Mr. McCormick to build on his lot provided James p Street be extended to the west end of the lot and that Mr. McCormick either (1) by execution and delivery, dedicate a fifty -foot street (satisfactory to the City Engineer) and with a turn -around to the City, or (2) file a preliminary plat. --. 95 Permit for The Planning Commission further recommended that no more permits be issued without submission of a subdivision plat, and Mr. McCormick provide in his deed that the area building off included by the turn -around, revert back to the property owner when the street is James Stt' continued. (continued) After a -brief discus§ion,'-Alderman Burgin moved to -Accept the recommendation of the Planning Commission And.issue the building permit as stated above. The motion was seconded by Alderman Walker and passed unanimously. Building Per- The Building Inspector reported that he had a request for a Building Permit to make mit at plumbing improvements in the basement of a building located at 337 North Gregg Avenue 337 North' which would be in violation bf th6`Zoning Ordinance No. 1239. Gregg Ave. He read the minutes of the Planning Commission' -Whereby they recommended that the City Council instruct the'Bullding Inspector to issue the Building Permit to make the plumbing`improvdments'as requested. Alderman Burgin moved to accept the recommendation of�thetfranningsa wml 9sibn Ander-SaUe the Building Permit as requested. The motion was seconded by Alderman Walker and passed unanimously. Bldg. Permit for The Building Inspector reported that he had a request for a building permit to erect a.. metal building referred to to building on North College Avenue just north of the old Fairway Store Building Ordinance JCommitteeoAfterbut under the Building Code Ordinance, he'would not be allowed to issue the permit. a long discussion, Alderman Smith moved to -refer this"to-the Ordinance Committee:. IThe motion was seconded by Alderman Walker and passed unanimously. Accepting The Building Inspector reported that the Planning Commission had recommended the accept i street between ance of a 50 ft. street between Ash•Street and Elm Street, which is to be used as a Ash & Elm Sts. sewer easement, as well as a street, on condition that'the owners of North Ridge with Subdivision provide right-of-way deeds for additional extension of proposed street conditions. across the necessary lots in North -Ridge Subdivision in order to tie in with Elm Street And, furthermore that the street not be opened until the property owners abutting said proposed street comply with the provisions of the Subdivision Regulations Ordinance. Alderman Burgin moved to accApt the recommendation of the Planning Commission as outlined above. _ ._ . The motion was seconded by Alderman Walker and passed unanimously. Bldg. Permit" The Building Inspector reported that the Farm Bureau Cb -op had requested a Building for Farm Bureau Permit to -improve and add to their filling station located on the Southwest corner of Co-op referred the inteirsectioft of H1 ghways 71 and 62 at Sixth Street but he could not issue the permit to Board of under the setback requirements of Zoning Ordinance No. 1239 and under provisions of then Adjustment. Major Street Plan. After a long discussion, Alderman"Christie moved to -refer this to the Board of Adjustment construction of The motion was seconded by Alderman Hatfield and passed unanimously. Speed dips "' . - � " - . - on Ash Std. A long discussion was had on the -construction of speed dips on Ash Street and Defeated. Alderman Tliomas moved to authorize the construction of Speed Dips on Ash Street to be build according to plans furnished by the City Engineer. The motion was seconded by Alderman Burgin and upon roll call the following vote was recorded: "Aye" Thomas•arid Burgin. "Nay" Walker, Christie, Hatfield Smith, and Short. There being two "Ayes" and five 6Nays", the Mayor declared the motion defeated for lack of a majority vote. Resolution Alderman Christie reported that'the Street Committee and Planning Commission had made a amending• studyy of and recommended some workable changes in the Major Street Plan, Major Street Mr. xaymond Nelson of the University Planning Commission, explained the proposed changes. Plan After a long discussion; the City Attorney introduced and read a proposed resolution on the proposed changes, amending the Major Street Plan. Alderman Burgin moved that the Resolution be adopted. The motion was seconded by Alderman Christie and passed unanimously, whereupon the Mayor declared the Resolution adopted. Resolution 'RESOLUTION 12-61 12-61 WHEREAS, the City Council of Fayetteville, Arkansas, on May 11, 1959; adopted a resolution providing for a Major Street Plan for the City of Fayetteville, Arkansas, to be used as a guide in planning for an expanded transportation network for the future of the City, and WHEREAS, a necessary part of the Major Street Plan is the promulgation of set -back regulations, after the general plan has been formulated, and WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, has deter- mined that there is presently a need to provide certain set -back regulations to implement the Major Street Plan, and WHEREAS, the Planning Commission -of -the City'of Fayetteville, Arkansas, has preparld a'map setting out set -back regulations for the Major Street Plan, and that said map is hereby designated as the Interim Set -Back -Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE# ARKANSAS: Section 1. -That the set -back regulations set out in the map prepared by the Plan- ning Commission, designated as the Interim Set -Back Regulations, is hereby adopted. Section 2. That said map, which is attached as "Exhibit A", is hereby incorporated in and made a_ -part of this resolution. PASSED AND APPROVED THIS 9th day of October, 1961. Vlaa ZiZfi:ibi7 ATTESTo =M . y/ • C,CLERK . L1\VY.1\, r, Motion to include Alderman Smith then moved to amend the Interim Set -Back Regulations Map to show the old Mt.Comfort Mt: Comfobt Road as it appears on the Major Street Plan Map (a major street) until i in North Street. -is opened through to -Garland Avenue. Roa The motion was seconded by Alderman Thomas and upon roll call the following vote was Major St. recorded* "Aye" Thomas; Smith, acid Short. "Nay"•Walker, Christie, Hatfield, and Burgin. .Plan There being three "Ayes" and four "Nays", the Mayor declared the motion defeated for la defleated. of.a majority. Changes Alderman Thomas then moved to make changes on,the Interim Set-Back'Regulations Map to Interim show North Street as 60 feet from Garland Avenue to Gregg Avenue, and 50 feet from CD S6=Back' Gregg Avenue to College Avenue; also to show Dickson Street as 50 feet from College I Avenue to Fletcher Avenue. Reg. map. The motion was seconded b Alderman Bur in and y g passed unanimously. Planning i Alderman Walker then moved to refer to the Planning Commission the stud of the g y possibility I toy study of rezoning of the property between Woolsey Avenue and College Avenue on the south aide of rezoning North Street with reference to Doctors offices. ofl part Themotion was seconded by Alderman Thomas and passed unanimously, .. -1 North'At. Mr. Alsey Holland, Chairman'of the Hospital Board, appeared before the Council -in regard Alsey to some needs of the"City Hospital among which were more money from the Tax Distribution , Holland more room, and to acquire some Quitclaim Heeds from the Stone heirs. He reported that the Hospital Board requested the Council to allow the Hospital 3%4 of before Council. one'mill in the Budget for 1962. -discussion, After a brief Alderman Smith moved to refer this to the Finance Committee. Re I The motion was seconded by Alderman Walker and passed unanimously. Hospital Repairs Alderman Short reported that the commodes(and other plumbing repairs)were badly needed I to be replaced with new ones at the City Jail'and the Mayor reported further that he had ate a letter from the State Health Department recommending that the commod@s be replaced City Jail. with sanitary commodes and that other plumbing repairs be made in the Uity Jail. After a long discussion, Alderman Short moved that the City Engineer be authorized and directed to install commodes in the City Jail at an estimated coat of $732.50 as recomm- ended'by-the State Health Department. The motion was seconded by Alderman Smith and passed unanimously. Exam. for Alderman -Short reported that the CItief of Police had recommended that the Council create the office of Assistant Chief of Police and to employ an Assistant Chief. As x After a brief discussion,'Alderman-Short mooed that the City Council ask the Civil Service Chilef of Commission to hold an examination for Assistant Chief of Police and to certify the top Police. three men to the Chief of Police and the Police Committee for their selection of an appointee if suoh_a position is -created. The motion was seconded by Alderman Smith and passed unanimously. Census Alderman Walker reported that, since a large territory had been annexed to the City sine) the 1960 Cenaus­was taken, -a new Census should be taken. study After a long discussion, Alderman Walker moved to authorize the Mayor to write the Census of Bureau for. information on the procedure of the rechecking of the Census of Fayetteville. CiiY• The motion was seconded by Alderman Thomas and passed unanimously. Sewer The City Engineer reported that approximately 2000 feet of sewer mains along U. S. Highway linea No. 71 North from Township Road has-been studied by Consulting Engineer L. M. McGoodwin north & Associates with a possibility of covering, in the future, as much area as possible. part of That in order to cover the most area,ai.part of the sewer line would be deep and require City. cast-iron pipe'in*the deep section: The City Engineer also reported that McGoodwin Mr. McGoodwin's estimate of the cost of this 2000 -feet was slightly over 015,000.00 tolprepare After a long discussion on the merits and economies of this project, Alderman Burgin apec. moved that the Mayor* and City Efiginee be and they are hereby authorized to advertise and receive bids for this project according'to specifications prepared by Consulting Engineer L. M', McGoodwin-& Associates and to -include as an alternate to the bids, two other small) sewer projects previously a4thorized by the Council and which are pending, Viz, Approximately 500 feet of'sewer mains on Viewpoint Drive and approximately 300 feet of rebuilding a sewer main to serve the new Anna Futrall Women's Hall,now under construction_ at the corner of Lindell Avenue and Douglas Street. The motion was seconded by Alderman Christie and upon roll call the following vote was recorded: "Aye" Walker, Christie; -Hatfield, Thomas, Burgin, and Short.'"Nay" Smith. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. Mahaffey The City Engineer then explained the procedure for applying for Federal Aid for a proposed to _make Interoeptor'Sewer line into the recently annexed territory in South Fayetteville and tha survey it requires. --first of all; an -engineer's report to be approved by the State Health for Department before applying for Federal Aid. sewer Alderman Hatfield moved that the City Engineer be authorized to employ Consulting Engineer ine in John E. Mahaffey & Associates to prepare this report and make the necessary applications south for Federal Aid after Mr. Mahaffey & Associates have submitted to the City Engineer in art of writing their cost -for this work. City. The motion was seconded by Alderman Walker and passed unanimously. Alderman Thomas reported that a large number of the people of Fayetteville were confused) enda as to the method'of getting their problems before the Council and he believed some changes be should be made as to the preparation of -the Agenda. pared After a long -discussion, Alderman Thomas moved that the City Clerk be and he is hereby City instructed to prepare the complete agenda for all regular -Council meetings and that anyone lark who wishes to be heard or has problems to be brought before the Council are required to notify the City Clerk before 12:00 o'clock noon on Wednesday before the"Council-meeting on the following Monday night and noting will -be accepted for the Council meeting after, that time; however, in case of.emergency or important legislation, the Council may suspend th® rules and take appropriate action,: The motion was seconded by Alderman BGgin * and)pna^ato=]arc ld lam: following vote was recorded: "Aye" Christie; Hatfield-, Thomas, Burgin, Smith, and Short. "Nay' Walker There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. Resignation of J.E.McClellan as Aiderm The City Clerk read a letter of resignation of J. E. McClelland from the Council. No action was taken by the Council at this time toward appointing a successor'for Alderman McClelland. Letter of Resignation Honorable Mayor Guy E. Brown and Members of the Fayetteville, Arkansas City Council Fayetteville, Arkansas October 9, 1961 i Gentlemen: For the past several weeks my'responsibility as a City Councilman has imposed on my personal and business affairs. Now,:to compound this situation, I find that I must attend s sch6ol"conducted under the U:S.Army :Reserve program which meets on Monday Nights. Therefore, not -only is it difficult to serve during times outside of regularly scheduled' Meetings," but also, I will be forced to miss approximately 50% of these, since they occur on Monday nights. This creates an undesirable situation,'in that I am not able to fulfill my obliga- tion as a councilman nor am I able to give anytime to my family; Therefore, it is with extreme reluctance, and after careful and serious consideration, that I tender my resignation as Alderman from Ward No. 2, effective this date. Very truly yours, (s) J. E. McClelland There being no -further business, Alderman Smith moved to adjourn. The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED* 2 ATTEST: ' { ' U IT4ZL��di The City Council of Fayetteville, Arkansas, met in regular session on Monday, October 23 19612 at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones City Attorney Bass Trumbo, City Engineer W; C. Smith; Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Christie, Hatfield, Thomas, Burgin, Smith, and Short. Absent at roll call but later entering, Alderman Bryan Walker, minutes of the regular meting gity on Monday, October 9, 1961, copies of which had been .ed to all members of the Council, were approved. The City Attorney read a letter from Consulting -Engineer John E. Mahaffey in which he Resolution recommended that"the Council pass a Resolution and accent'a proposed Amendment to Amending The Grant Agreement with the FAA at the Municipal'Airport. Grant I After a lengthy discussion, the City Attorney read a proposed Resolution in its entire Agreement to amend the Grant Agreement with the FAA, which also contained an emergency clause. with FAA Alderman -Hatfield moved that the'Resolution be adopted. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded: "Aye" Christie, Hatfield, Thomas,'Burgin, Smith, and Short. "Nay" None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted. Alderman -Hatfield then moved to adopt the -emergency clause. The motion was seconded'by Alderman Burgin and passed unanimously, whereupon the Mayor declared the emergency clause adopted. 'RESOLUTION 13-61', 13 u RESOLUTION ACCEPTING AMENDMENT 10. 1 TO GRANT AGREEMENT N0. FAS -1461 - BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the Mayor and Council of the City of Fayetteville, Arkansas, shall and they do hereby accept Amendment No. 1 to Grant Agreement No,.'FA2-1461, heretofore accepted by said Mayor and Council on the 27th day'of June, 1960 that said Mayor and Council do hereby accept all the terins, conditions, and obligations therein and thereby imposed and by -their acceptance of same do hereby acknowledge this Amendment as a part of the Grant Agreement heretofore entered into, and that such Amendment No. 1 shall be f set forth hereinbelow. SECTION 2. That the Mayor of the City of Fayetteville, Arkansas, is hereby'author- ized and directed -to evidence said City's acceptance of'such amendment by affixing his signature to same, which is hereby executed in sextuple, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Fayetteviile, Arkansas, thereon and to attest said execution. SECTION 3. That the Grant Agreement No. 1, referred to hereinabove shall be as follows: Contract No. FA2-1461 Fayetteville Municipal Airport Fayetteville, Arkansas Project No. 9-03-002-6003 AMENDMENT N0, 1 TO GRANT AGREEMENT WHEREAS, the Chief, Aviation Facilities Division, Southwest Region of the Federal Aviati Agency has determined it to be in•the interest'of the United States of America that the Grant Agreement between the Chief, Airports Division,' "Region II of the Federal Aviation Agency,'acting for and on behalf of the United'States, and the City of Fayetteville, Arkansas(hereinafter referred to as "Sponsor"),•accepted by said Sponsor -on the 27th day of June 1960, relating to the Fayetteville Municipal Airport, Project No. 9-03-002-6003, be amended as hereinafter provided: