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HomeMy WebLinkAbout1962-03-12 Minutes125 The City Council of Fayetteville, Arkansas, met in regular session on Monday, March 12, 1962, 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 Hollis Spencer, Fire Chief Burl Skelton, anh Aldeftmen: Heflin, Christie, Goff, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. The minutes of the regular meeting on Monday,gebruaay 26, 1962, were approved as written. Petition of The City Clerk presented a petition from the Official Board of the Wiggins Memorial Methodist Church to Wiggins vacate and abandon an alley between Block 28 of the Jennings Addition and Baock 2 of the Ferguaon Additio. Memorial Meth, and extending.from Sixth to Seventh Streets in the eity of Fayetteville, Arkansas. Church to The Planning Commission had approved this alley being vacated at its regular meeting on March 6, 1962. vacate alley. After a brief discussion, The City Clerk read a proposed resolution setting forth the time, place, and date for a public hearing on the above petition. Alderman Goff moved that the resolution be adopted. The motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION 9-62 Resolution the South Half (Sj) 3-62 I WHEREAS, it appears that.the petition of the Official Board of the Wiggins Memorial Methodist Church Range Thirty setting time, West to vacate the alley between Block 28 of'the Jennings Addition and Block 2 of the Ferguson Addition Principal Meridian, described as place, etc. for extending from Sixth to Seventh Streets, in the City of Fayetteville, Arkansas, was duly filed with the public hearing City Clerk of the City of Fayetteville, Arkansas, on the 7th day of March `i%2; and to close aIlley. WHEREAS, the City Planning Commission, at its regular meeting on Tuesday, March 6, 19620 did approve and recommend to the City Council that said alley be vacated and abandoned; and WHEREAS, it appears that this is the next regular meeting of the City Council following the filing of said petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. That the 26th day of March, 1962, at 7:30 P. M. CST., in the City Council Room of the City Administration Building, be and the same is hereby fixed as the time and place for hearing upon said petition. 2. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to give notice of such hearing to all interested persons by publication thereof once a week for. two (2) consecu- tive we in the Northwest Arkansas Times, a newspaper published in Washington County Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. 3. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to cguse an abstractor's certificate as to the record owners of the lots abutting upon said alley sought to be vacated, to be attached to said petition prior to the date set for hearing thereon. PASSED AND APPROVED this 12th day of March, 1962. ATTEST: APPROVED: GUY E. EROWNO MAYOR GEORGE AVIS, CITY CLERV, The proposed ordinance to rezone a certain area along the Cato Springs Road, which was left on the first Ordinance reading at the last regular meeting on Monday, February 26, 1962, was brought up for discussion. No. 1289 After a lengthy discussion, AldermanH@flfnmoved that the Ordinance pass. The motion was secpnded by Alderman Christie and passed unanimously, whereupon the Mayor declared the Rezone ordinance passed. area along Alderman Heflin then moved that the emergency clause be adopted. The motion was seconded by Alderman Cato Springs Burgin and passed unanimously, whereupon the Mayor declared the emergency clause adopted. Road. ORDINANCE N0, 1289 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 13, 1960, TO REZONE CERTAIN REAL ESTATE FROM ZONE I-2 HEAVY INDUSTRIAL DISTRICT TO R -1B SINGLE FAMILY RESIDENTIAL DISTRICT. . WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on February 13, 1962, for the purpose of discussing a proposed.amendment to the Zoning Ordina and Zoning District Map of Fayetteville, Arkansas, to rezone from Zone I-2 Heavy Industrial District to R -1B Single Family Residential District, all of the following described real estate, to -wit: Part of the South Half (Sj) of the Southwest QuarterOSw�) of Section 21, Township Sixteen (16) Range Thirty (30) West of the 5th Principal Meridian, described as follows: Lleginning at a point 890 feet, more or less, West of the Southeast Corner of said 80 acre tract, with said point being located on the west property line of the property owned by the Northwest Arkansas Riding Club, thence North 660 feet, and thence west 1,035 feet, more or less, to the center line of a creek, thence in a southerly direction with the meanders of said creek to the South line of said 80 acre tract, thence East 1100 feet, more or less, to the place of beginning, less a strip of uniform width off the South side of said above described tract which is 120 feet wide, measured North and South, that is already zoned R -IB Single Family Residential District. and; .WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of hearing, and location of property was published in the Northwest Arkansas -,Times, a newspaper of general circulatio in said City, more than 15 days prior to said public hearing, and WHEREAS, FOLLOWING SAID PUBLIC HEARING, SAID Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning said above- described real estate from I-2 Heavy Industrial District to R -1B Single Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That said above-described real estate be and the same is hereby rezoned from I-2 Heavy Industrial District to R -1B Single Family Residential District. Section 2. IT er, r 6 inch er main. rrancnise Ord. Left on1first Section 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ction being necessary for the public health, peace, safety, order, comfort, and convenience within the ity of Fayetteville, Arkansas, an emergency is hereby declared to exist and this ordinance shall be in orce and effect from and after its passage, approval, and publication. PASSED AND APPROVED THIS 12thiday of March, 1962. a GEORG 'J. DAVIS, CITY CLERK City Engineer read a letter from the Evelyn.Hills Shopping Center, Inc., which releases the City of :tteville, Arkansas, from any responsibilities for damages to a building and its contents because of .ding over a 6 inch water main. City Engineer recommended that this letter be spread of record in the minutes for future reference. trman Thomas moved to note the contents of the letter and that it be spread of record in the minutes ire reference. motion was seconded by Alderman Burgin and passed unanimously. Letter from Evelyn Hills Shopping Center, Inc. Fayetteville, Arkansas February 14, 1962 Honorable Mayor and Members of the City Council etteville, Arkansas ntlemen: When the construction work on the Evelyn Hills Shopping Center was started, Mr. Carl Ferguson, in arge of the construction, and Mr. W. C. Smith, City Water Superintendent, planned the 6 inch water main stribution with the necessary fire hydrants to best 'suit the overall plan, The City of Fayetteville agre furnish and lay the mains and install the necessary valves and fire hydrants, providing the personnel the Evelyn Hills Shopping Center would stake the locations for the mains to clear all buildings. This s done., and the mains, valves, and fire hydrants were installed by the City at a cost of approximately ,000.00 We find that one of our buildings will now be located partially over a 6 inch water main. The fo ns and foundation walls will be trussed and bridged over this 6 inch main in such a manner that no the building will rest directly on the main. We have consulted with Mr. W. C. Smith, City Water Superintendent, about this problem. His reco. ns were that the main be moved clear of the proposed building or that the size of the building be allow the main to be outside the building. In view of our not following Mr. Smith's advice, and after being explained the potential danger of wa .s resting under buildings by Mr. Smith, we wish to go on record as taking full responsibility for buil the 6 inch water main and hereby relieve the City of Fayetteville, Arkansas, of any responsibility fc and all damages which may be incurred to the building and contents thereof at any future time as a 1t of any or all breaks and/or leaks which might occur in the said main, and that in the event of any k or leaks in the said main the Evelyn Hills Shopping Center, Inc., will pay any and all costs for a section of 6 inch water main to be located outside the said building. Very truly yours, Evelyn Hills Shopping Center, Inc. (s) John D. Askew President (s) John Maguire Secretary City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety tied, "AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE N0, 1167, AS AMENDED BY ORDINANCE N0, 1223, AND PARTICULARLY INCREASING THE ANNUAL FRANCHISE TAX OF THE SOUTHWESTERN BELL TELEPHONE COMPANY". r a very long discussion the proposed ordinance was left on its first reading., and no further action taken at this time, being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: GEORGEDAVIS, CITY CLERK 9k