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HomeMy WebLinkAbout1962-08-13 MinutesORDINANCE N0. 1310 N ORDINANCE AMENDING ORDINANCE NO. ll66, PASSED AND APPROVED APRIL 18, 1958, AND FOR OTHER PURPOSES, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That Section 16 of Ordinance No. 1166, passed and approved April 18, 1958, be and the same is hereby amended to read as follows: "That the system shall be operated on a fiscal year basis beginning the first day of August (August 1) and ending the thirty-first day of July (July 31)". SECTION 2. That all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this action being necessary for the public health, safety, peace, order, comfort, and Fonvenience, within the City of Fayetteville, Arkansas, an emergency is hereby declared to exist,and this Prdinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 23rd day of July, 1962. APPROVED: �TTESTA�� : rev � GUY BRCWN, MAYOR GEOR J. AVIS, CITY CLERK Messrs Roy Scott and Alsey Holland of the Hospital Board appeared before the Council and presented a Petitign petition signed by nine members of the Hospital Board in which they requested that the City Council enact for Initi$$tive an ordinance and refer the same to the people of Fayetteville at the General Election on November 6, 1962, Ord. for finds for whereby money could be obtained for an addition to the City Hospital for a Nursing Home dor aged. City Hospital After a long discussion, Alderman Christie moved to refer this to the Hospital Committee for study and Addition recommendation at the next regular Council meeting. �he motion was seconded by Alderman Short but more discussion followed and Alderman Christie with the Consent of Alderman Short, withdrev} his motion. Petition leferred Aderman Christie then moved to refer this to th€ Hospital, Building, and Finance Committees for study and to Hospital, recommendation at the next regular Council meeting, the report to be made by the Hospital Committee. Building, and �he motion was seconded by Alderman Short and passed unanimously. Finance Cc ttees. ere being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman [hort and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: GU E. BROWN, MAYOR GEORG0,0. VIS, CITY CLERK ` The City Council of Fayetteville, Arkansas, met in regular session on Monday., August 13, 1962, at 7:30 P.N Present: Mayor Guy E. Brown, City Clerk George J. Dftvis, City Controller Albert J. Jones, City Engineer W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton, Acting City Attorney A: D. MCAllistE and Aldermen: Heflin, Christie, Wheeler, Thomas, Burgin, and Faucette. Absent: Alderman Carter Short and City Attorney Bass Trumbo. In the absence of City Attorney Bass Trumbo, Attorney A. D. McAllister, Jr., acted as City Attorney. The minutes of the regular meeting on Monday, July 23, 1962, a copy of which had previously been mailed tc each of the Aldermen, were approved as written. Appoint The Mayor reported that he had received a letter of resignation from Alderman Ralph Goff who had moved Ernest Standley from Ward Two and could not legally serve as Alderman from that Ward. Alderman The Mayor further reported that it was the duty of the Council, only, to appoint an Alderman to the vacancy. Alderman Wheeler moved that Mr. Ernest Standley (Ward 2) be appointed to fill the vacancy to the unexpirec term of Ralph Goff whose term ends December 31, 1963, andto accept the resignation of Ralph Goff, as Alderman Ward 2. The motion was seconded by Alderman Heflin and passed unanimously. The Oath of Office was then administered to Mr. Standley by Municipal Judge V. J. Ptak and Mr. Standley then took his seat with the Council. Ordinance The proposed ordinance entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, No. 1311 ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS, AND FOR OTHER PURPOSES" which was left on the first reading at the last regular session of the Council on Monday, July 23, 1962, was read in its entirety for the Accepting second time. Annexed Territory Alderman Burgin moved that the rules be suspended and that the ordinance be placedon the third and final The motion was seconded by Alderman Wheeler 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" Heflin, Christie, Standley, Wheeler, Thomas, Burgin and Faucette. "Nay" None. There being seven "Ayes" and no "1Pays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1311 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS, AND FOR OTHER PURPOSES. WHEREAS, THE County Court of Washington County, Arkansas, did on June 26, 1962, make and6rder .ng the following described territory to the City of Fayetteville, Arkansas, to -wit: Lots ten (10) through thirty--two(32) in S. T. Russell Subdivision'of the-SE4 of the NE� of Section seven (7), Township Sixteen (16) North, Range 30 West, together with Valley Drive in said subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: r , o va Qui I Hi Ordinance No Section 1. That the annexation of the above described territory to the Corporate Limits of the City teville, Arkansas, 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 4 the City of Fayetteville, Arkansas. PASSED AND APPROVED this )<th day of August, 1962. PPROVED ' GEOM94 DAVIS, CITY CLERK APPROVED:, U c he Mayor reported that this was the date, time, and place set for a public hearing on a petition to ng to cate and abandon a portion of Gregg Avenue in Ferguson's Addition to the City of Fayetteville, Arkansas, e ocated near the present City Shop and that notice of said public hearing had been published in the on of Northwest Arkansas Times, a daily newspaper �ublishedgin Washington County,ArkanEas, and having a general Ave. circulation in the City of Fayetteville, Arkansas, once a week for two consecutive weeks, and that all ersons desiring to be heard would be permitted to speak at this time* here was no opposition but action on the ordinance was deferred until the next regular meeting of the est for Attorney Glen Wing appeared before the Council on behalf of Ross Seasley and requested that the City give claim i Quitclaim Deed to a small tract of real estate lying along U. S. Highway No. 71 Bypass, also known as for Ardhibald Yell Boulevard, said property having been purchased by the City for Right-of-way for the perty on ighway Bypass along with other property.(This smallstrip of land was surplus) y 71 k long discussion followed during which Alderman Heflin, who was also a member of the Council at the time ass, the property was purchased for the right-of-way for the By-pass, reported that all the small tracts left ver were advertised for bids after the highway was completed and that the bids were opened on ecember 8, 1952, and some of the tracts were sold but no bids were received on some of the property, e further reported that the original owners were given priority to buy the small tracts which they had old the City. (These bids are recorded in Procedure of the City Council, Book E, Pages 470 and 492) fter a lengthy discussion, Alderman Thomas moved to refer this to the Street Committee for further study Isnd recommendation. Fhe motion was seconded by Alderman Heflin and passed unanimously. fof• building atlboat dock at City Clerk toIadv. for bids for const. ewer lines, Police & Fire Com. recommend new stations. No parking 0 Oz a k Avenue. derman Wheeler reported that bids had been received and opened for the new boat dock building at Lake yetteville on August 2, 1962, at 2:00 o'clock P. M. PST, and that three bids were received and opened. further reported that the Water & Sewer Committee had recommended the low bid which was the bid by rtin Johnson Construction Co. in the sum of $10,997.00. ter a brief discussion, Alderman Wheeler moved to accept the recommendation of the Water & Sewer Conmitt d award the contract of construction of the new boat dock building at Lake Fayetteville to Martin Jbhnso nstruction Co. for the sum of $10,997.00 upon approval of the contract and performance bomd by the ty Attorney and evidence of proper insurance. e motion was seconded by Alderman Burgin and passed unanimously. COPY OF'BIDS FOR LAKE FAYETTEVILLE BUILDING BIDDER AMOUNT n Johnson Construction Co. $10,997.00 Construction Co. 112640.00 ser Construction Co. 12,987.00 sulting Engineer John E. Mahaffey appeared before the Council and reported that the plans and specifica ns for the Sewer Project to the south part of the City had been approved and he recommended that the y'Clerk be authorized to advertise for bids and set the date for receiving the bids as August 28, 1962, 2:00 P. M. CST. erman Heflin moved that the City Clerk be and he is hereby authorized to cause notice to be published e a week for two consecutive weeks in the Northwest Arkansas Times, a daily newspaper published in hington County Arkansas, and having a general circulation in the City of Fayetteville, Arkansas, t bids will be received until 2:00 o'clock P. M. CST., Tuesday, August 28, 1962, for the construction sewer mains and appurtenances pertaining thereto (.Sewer Interceptors and Outfall Line) to the south t of the City. motion was seconded by Alderman Wheeler and passed unanimously. erman Faucette reported that the Police and Fire Committee had met and studied the present and future ds of the Police and Fire Departments and they recommended a new police facility, a new central fire tion, and two wing stations of the fire department one located in the south part of the City and the er in the north part of the City. erman Thomaste then moved that the Police and Fire Committee, Building Committee, and the Finance mittee makeeadstudy of the recommendations of the Police and Fire Committee with reference to finance plans to erect and equip these buildings and report at the next Council meeting. motion was seconded by Alderman Wheeler and passed unanimously. :rman Christie reported that the Street Committee hsd studied the parking problem on Ozark Avenue and recommended that parking be restricted on Ozark Avenue between Dickson Street and Fairview Street. !r a brief discussion, Alderman Christie that No Parking be allowed on Ozark Avenue between Dickson St. Fairview Street at any time. motion was seconded by Alderman Burgin and passed unanimously. Dill Aderman Christie reported that Mr. Hugh Dill had completed the requirements as set out in his Subdividers tontract and he moved that the City Clerk be and he is hereby authorized to sign a release of the .viders Pubdivider's Contract for Mr. Dill and that the City Clerk be further authorized to cause the Contract to -act, be released on the Circuit Clerk's Records. The motion was seconded by Alderman Wheeler and passed unanimously. 7.Z4-40' t large group of property owners appeared before the Council with their Attorney Lewis Jones protesting k he proposal of the Evelyn Hills Shopping Center to rezone certain property located near the Shopping f*P`° Center from a R-1 Zone to a C-2 Zone for an Off-street parking lot. ttorney E. J. Ball, representing the Evelyn Hills Shopping Center, explained the need for the rezoning n Off -Street Parking Lot for the Shopping Center. 9Vj�y O 157 ORDINANCE N0, 1312 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE) ARKANSAS, APPROVED JUNE 13, 1960, TO REZONE CERTAIN REAL ESTATE FROM ZONE R-4 MULTI -FAMILY AND DORMITORY DISTRICT C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. WHEREAS a public hearing was held before the Planning Commission of the City of Fayetteville, Arkan- sas, on July 24, 1962, on the petition of LeMon Clark, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that said City Council enact an ordinance rezoning the property described as follows, to -wit: Lots 3, 4, and 5 of Block 11 of the Original Plat to the City of Fayetteville, Arkansas, R-4 Multi -family Residential and Dormitory District to C-3 Central Commercial District, and WHEREAS, notice of said public hearing, setting forth the date, time, place and purpose of hearing, location of property was published in the Northwest Arkansas Times, a newspaper of general circulati 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 ty of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above - scribed property from R-4 Multi -family Residential and Dormitory District to C-1 Neighborhood Commer strict. Attorney Lewis Jones explained that the rezoning would devaluate the residential property at this lodation. Defer action on After a long discussion, Alderman Thomas moved -to defer action on this until the next regular meeting rezoning of tract and that the Council Members all visit this location and study the proposed rezoning as explained by near Evelyn Hills. both attorneys. The motion was seconded by Alderman Wheeler and passed unanimously. The petition of Dr. Letson Clark to rezone his property on Locust Avenue and Spring Street from R-4 Multi- Petiticp to Family District to C-1 Neighborhood Commercial District, which had been approved by the Planning Commissic rezon9 after a public hearing, was explained by the City Building Inspector. Dr. Clark's The Building Inspector introduced a proposed ordinance, which was read by the acting City Attorney at the proper Ity request of the Council, entitled, " AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND ZONING DISTRICT approved. Motel MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 13, 1960, TO REZONE CERTAIN REAL ESTATE FROM ZONE R-4 MULTI- $1500.00 FAMILY AND DORMITORY DISTRICT TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT". for Easement. Alderman Burgin moved that the rules be suspend6d and that the ordinance be placed on the second reading. The motion was seconded by Alderman Christie and passed unanimously. The ordinance was then read for the second time. Alderman Burgin moved that the rules be further suspended and the ordinance placed on the third and final Ordinance •id'o.' reading. 1312 The motion was seconded by Alderman Heflin and passed unanimously. The ordinance was then read for the third and last time. The May6r then declared the ordinance open for discussion. There being no discussion, the Mayor asked the questiori, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Standley, Wheeler, Thomas, Burgin, and Faucette. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE N0, 1312 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE) ARKANSAS, APPROVED JUNE 13, 1960, TO REZONE CERTAIN REAL ESTATE FROM ZONE R-4 MULTI -FAMILY AND DORMITORY DISTRICT C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. WHEREAS a public hearing was held before the Planning Commission of the City of Fayetteville, Arkan- sas, on July 24, 1962, on the petition of LeMon Clark, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that said City Council enact an ordinance rezoning the property described as follows, to -wit: Lots 3, 4, and 5 of Block 11 of the Original Plat to the City of Fayetteville, Arkansas, R-4 Multi -family Residential and Dormitory District to C-3 Central Commercial District, and WHEREAS, notice of said public hearing, setting forth the date, time, place and purpose of hearing, location of property was published in the Northwest Arkansas Times, a newspaper of general circulati 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 ty of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above - scribed property from R-4 Multi -family Residential and Dormitory District to C-1 Neighborhood Commer strict. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property be rezoned from R-4 Miulti-family Residential and Dormitory District to C-1 NeighborhoodsCommercial District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval, and publication. PASSED AND APPROVED THIS 13th day of August, 1962. APPROVED:20::� ATTEST: r 90!!! GUY E. BROWN, MAYOR ORG J. DkVIS, CITY CLERK Pay owners of Alderman Burgin moved that the offer of the owners of the real estate on which the Fayetteville Motel is Fayetteville Motel located to accept $1,500.00 for an easement 10 feet in width and 506.64 feet in length for a 1011 sewer $1500.00 pipe line and appurtenances thereto be accepted by the City and that the Mayor and City Controller be and for Easement. they are hereby authorized to issue an appropriate draft in payment thereof. The motion was seconded by Alderman Wheeler and passed unanimously. There being no further business, Alderman Faucette moved to adjourn. The motion was seconded by Alderman Christie and passed uhanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: J&Wns GUY E7, BROWN, MAYOR EORGE V, DAVIS) CITY CLERK