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HomeMy WebLinkAbout1962-08-27 MinutesThe City Council of Fayetteville, Arkansas, met in regular session on Monday, August 27, 1962, at 7:30 P. 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, and Aldermen: Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. The minutes of the regular meeting on Monday, August 13, 1962, and of the special meeting on Tuesday, August 21, 1962, a copy of these haviciggbeen mailed to each of the Aldermen prior to this meeting, were approved as written. A large group of property owners appeared before the Council protesting the rezoning of a strip of land Rezoni g of 150 feet deep located on and abutting the West boundary of Hillcrest Avenue, beginning at Abshier Drive, property near and running, thence North 370 feet; a strip of land 150 feet deep located on and abutting the West Evelyn Hills boundary of Hillcrest Avenue, beginning 370 feet North of Abshier Drive, and running, thence North 660 fe Shopping Tenter. from R-lA Residential District to C-2 Commercial District. This is located near the Evelyn.Hills Shopping Center and was discussed at the last regular meeting of tt Council on Monday, August 13, 1962. After a long discussion, the City Attorney introduced a proposed ordinance entitled, "AN ORDINANCE AMEND- ING ZONING ORDINA14CE N0, 1239, PASSED AND APPROVED JUNE 13, 1960, AND REVISED ZONING DISTRICT MAP OF Ordinance No. FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-lA SINGLE FAMILY 1314, RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT". Alderman Burgin moved to place the proposed ordinance on the first reading. The motion was seconded by Alderman Heflin and passed unanimously, whereupon the City Attorney read the ordinance in its entirety for the first time. Alderman Wheeler moved that the proposed zoning ordinance be amended to require Evelyn Hills Shopping Center, Inc., to construct and maintain a six foot fence between the one hundred thirty foot strip of land on the West and the twenty foot strip of land on the East, of the property in question. The motion was seconded by Alderman Heflin and upon roll call the following vote was recorded, "Aye" Heflin, Standley, Wheeler, Thomas, and Faucette. "Nay" Christie, Burgin, and Short. There being five "Ayes" and only three "Nays", the Mayor declared the motion passed. The City Attorney recommended that this requirement be added to the restrictive covenants previously executed by Evelyn Hills Shopping Center, Inc., in order that the covenant could be recorded in the Circu Clerk's Office with the Deed Records of the County thereby causing it to have the legal effects desired. The City Attorney suggested that the Council could vote on the ordinance in its original form provided the Mayor would not sign and approve the ordinance, nor have it published, until the above mentioned condition was fulfilled. Alderman Burgin then moved that the ordinance pass. The motion was seconded by Alderman Christie and upon roll call the following vote was recorded, "Aye" Heflin, Christie, Standley, Wheeler, Thomas, Burgin, End Short. "Nay" Faucette. There being seven "Ayes" and one "Nay", the ordinance failed to pass on one reading for lack of a unanimous vote. Alderman Burgin then moved that the rule be suspended 'and the ordinance placed on the second reading. The motion was seconded by Alderman Heflin and upon roll call the following vote.was recorded, "Aye" Heflin, Christie, Standley, Wheeler, Thomas, Burgin, and Short. "Nay" Faucette. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. The ordinance was then read for the second time. Alderman Burgin then moved that the rule be further suspended and that the ordinance be placed on the third and final reading. The motion was seconded by Alderman Christie and upon roll call the following vote was recorded, "Aye" Heflin, Christie, Standley, Wheeler, Thomas, Burgin, and Short. "Nay" FRucette. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. There being no further 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 Short. "Nay" Fgucette. There being seven "Ayes" and only one "Nay", the Mayor declared the Ordinance passed, ORDINANCE N0, 1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, PASSED AND APPROVED JUNE 13, 1960, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-lA SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Ar: sas, on July 24, 1962, on the petition of Evelyn Hills Shopping Center, Inc., a corporation,and T. I. Abshier and Grace E. Abshier, his wife, 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 aslfollows, to -wit: A strip of land 150 feet deep located on and abutting the West boundary of Hillcrest Avenue, begii at Abshier Drive, and running,thence North 370 feet; a strip of land 150 feet deep located on and abutting the West boundary of Hillcrest Avenue, beginning 370 feet North of Abshier Drive, and running, thence North 660 feet, from R-lA Single Family Residential District to C-2 Thoroughfare Commercial 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 th City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the west 130 fee of the above-described property from R 1A Singler!F roily Residential District to C-2 Thoroughfare Commerci, District, and that the east 20 feet thereof remain zoned R-lA Residential District as a bufferzone betwee: the C-2 Thoroughfare Commercial District and the existing R-lA Single Family Residential District east of the above-mentioned 150 foot strip; the recommendation from the Planning Commission having been made on condition that the Evelyn Hills Shopping Center, Inc., and T. I. Abshier and Grace E. Abshier, his wife, file for record their restrictive covenants dated August 11, 1962, affecting the property, which covenant incorporate revisions suggested by the Planning Commission, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: o action on appeal from the Bdard of Ai for ed! Ordinance o. 1315 ;horize iividerIs rtract Fiscal Ag4nt bids. .t Section 1. That the west 130 feet strip of the above-mentioned property be rezoned from R-lA Single Family Residential District to C-2 Thoroughfare Commercial 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 AIdD APPROVED THIS 27th day of August, 1962. APPROVED: ATTEST: �7 Ap GEOR DAVIS, CITY CLERK The City Attorney reported that, in his opinion, the Council could take no action on an appeal from the Board of Adjustment but any appeal would have to be made to a Court of Record. This was in reference to the rezoning -of certain property on Highway No. 62 West by Ted Williams and on rezoning certain property on East 6th Street to permjt the Church of Christ (COL6RED) to use a build located at 331 East 6th Street for Church Services, The Building Inspector presented a Final Plat for a subdivision by Pat Watkins to be known as Elmwood Addition to the City of Fayettevillei Arkansas, which had been approved by the Planning Commission. After a brief discussion, Alderman Short moved that the plat be accepted and filed. The motion was seconded by Alderman Wheeler and passed unanimously. The City Clerk then read a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICA OF ALL STREETS, ALLEYS, AND EASEMENTS IN ELMWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS", Alderman Wheeler moved that the Ordinance be passed. The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the Ord passed. ORDINANCE NO. 1315 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN ELMWOOD A TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat dated August, 1962, known as the Elmwood Addition to the City of Fayetteville, Arkansas, and being a part of the West Half (W 1/2) of the West Half (W 1/2) of Section 2 and part of the East Half (E 1/2) of Section 3, Township 16 North, Range 30 West, located in Washington County, Arkansas, by which the owners of the platted real estate have dedicated for the public use the streets, alleys and easements 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 a] streets, alleys, and easements dedicated in Elmwood Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements, to be public streets, alleys, and 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 and after its passage, approval, and publication. DATED THIS 27th day of August, 1962. APPROVED:. ATTEST: /�- - I & "IJA C�Ly�\Zz GUY E. BROWN, MAYOR TGEOR Jc,�/AVIS, CITY CLERK Alderman Wheeler moved that the Mayor and/or City Clerk be and he is hereby authorized to execute a Subdivider's Contract with the owner, Pat Watkins, of the Elmwood Addition and that the City Clerk be further authorized to cause the Subdivider's Contract to be recorded in the Circuit Clerk's Office of Washington County, Arkansas, with the Deed Records of the County. The motion was seconded by Alderman Burgin and passed unanimously. Alderman Short reported that it would be necessary to employ a Fiscal Agent for the City for the proposed Bond Issue which the City was contemplating for a new Police Station,&Fire Stations and that the City Controller had contacted several companies who had sent representatives to this meeting. Alderman Short suggested that the agents be interviewed, one at a time to make their offers, and the Company and bids are as follows: Cost Hill, Crawford, and Langford 90 cents per $1000.00 bond and the City pay all other Waldorf & Lindsay expenses. Raucher, Pierce, Fenner, & Beane $5.50 per $1000.00 bond and pay all expenses. T. J. Raney & Sons, Inc. $0.35 per $1000.00 bond and the City pay all expenses or $4.50 " it it " pay all expenses. Dabbs: Sullivan, & Co. I% of bond issue and pay all expenses and he explained that 1/2 mill would be sufficient taxation to vote ( This offer was later reduced to $7.00 extra, provided the City would refund the original per $1000.00 bond) 1959 Library & Airport Bonds, as the interest rate would be much lower. Villareal & Co. $3.50 per $1000.00 bond and pay all expenses. After a Jong discussion, Alderman Fai:cette moved to employ Dabbs, Sullivan, & Co. as the City's Fiscal Agent for the Bond Issue gtoaidodtthot t61exceedA1%eof the total bond issue with Dabbs, Sullivan, & Co. paying all necessary expenses pertainin# thereto provided they will include in their cuntract a guarantee to reduce the interest rate below the present rate and that the Mayor and City Clerk be and they are here' authorized to execute a contract under these conditions. The motion was seconded by Alderman Heflin and passed unanimously. &r14P Adjourn Session Bids on Sewer Inter Outfall L Contract on Sewer Bids R AuthoriEed contractlto Dabbs, Sullivan & Co. for Bondrssue Fiscal Ag_nt, It Alderman Short stated that it would be necessary for the Council to meet on Tuesday, August 28, 1962, for the purpose of receiving and opening bids on the Sewer Interceptors and Outfall Line in the South part of the City and he moved that the Council recess until Tuesday, August 28, 1962, at 2:00 P.M. CST. and meet in an adjourned session at that time. The motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the meeting adjourned until Tuesday, August 28, 1962, at 2:00 P. M. CST. for the adjourned session. APPROVED: ATTEST: � )VIJJA GUY E. BROWN, MAYOR GEOWE6J1,DAVIS, CITY CLERK The City Council of Fayetteville, Arkansas, met in an adjourned session on Tuesday, August 28, 1962, at 2:00 o'clock P. M. CST, Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Ttumbo, City Engineer W. C. Smith, and Aldermen: Heflin,Christie, Standley, Wheeler, Thomas, Burgin, and Short. Absent: Alderman George Faucette, The Mayor reported that this was the date, time, and place set for the receiving and opening of bids for the Sewer Interceptors and Outfall Line extending to the South part of the City. The bids were opened by the Mayor and read by Consulting Engineer J. E. McClelland, after which the Consulting Engineers John E. Mahaffey and J. E. McClelland made a complete tabulation of all the bids received. Upon tabulation of the bids, the Consulting Engineers reported that the low bid was the one by Northside Construction Company, Fort Smith, Arkansas, for the total sum of $90,921.50, and they recommended the acceptance of that bid, subject to the approval of the U. S. Government. Alderman Thomas moved to accept the low bid and award the contract tentatively to the Northside Construe ion Co., Ft. Smith, Arkansas, for the total sum of $90,921.50, subject to the approval of the U. S. Government, the approval of the Performance and Payment Bond by the Consulting Engineers and City Attorn and evidence of proper insurance, and that the Mayor and City Clerk be and they are hereby authorized to execute the contract when these conditions have been approved. The motion was seconded by Alderman Wheeler and passed unanimously. BIDS ON SEWER INTERCEPTORS AND OUTFALL BIDDER TOTAL BID Northside Construction Co., Ft. Smith, Arkansas $902921.50' Worth -James " !! Little Rock, it 991640.58 Forsgren Bros. " " Ft. Smith, Arkansas 94,556.25 Tune Const. (b. Fayetteville, " 97,530 32 lderman Short reported that the assessed valuation of.the property within the corporate limits of the ity of Fayetteville had increased exceedingly since the 1959 Airport & Library Bonds were voted at Je mills taxation and if the Council wished to refinance the Airport & Library Bonds and vote J mill more f a total of 4 mills, he believed the Council should have more time to study this before executing a ontract with a Fiscal Agent. e stated that, in his opinion, the bid of Dabbs. Sullivan, & Co. was too high at 1% of the total bond ssue or $10.00 per $1000.00 Bond on a million dollar bond issue, as proposed by Dabbs. Sullivan, & Co. is rder to permit the refinancing of the Airport & Library Bonds. fter a long discussion, duringawhichLthecreptesentative of Dabbs. Sullivan, & Co. reported they would educe their bid to $7.00 per $1000.00 bond and pay all expenses pertaining to the Bond Issue, lderman Burgin moved that the Mayor and City Clerk be and they are hereby authorized to execute a contra ith Dabbs; Sullivan, & Co. employing them as the Fiscal Agent for the City of Fayetteville, Arkansas, or the 1962 Bond Issue provided Dabbs, Sullivan, & Co. will lower their bid from_$10.00 per $1000.00 and to $7.00 per $1000.00 and a guarantee written into the contract that the interest rate will be lower Han on present outstanding bonds and low enough to save the interest the City will escrow. he motion was seconded by Alderman Standley and passed unanimously. 'he contract was executed at that time by the Mayor, City Clerk, and Dabbs. Sullivan, & Co. Agent,'in the tresence of the Council. 'here being no further business, Alderman Burgin moved to adjourn. The motion was seconded by Alderman hort and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: 3 uop \ �� t� � GUY E. BROWN, MAYOR 'GEORGE J UM) CITY CLERK The City Council of Fayetteville, Aransas, met in regular session on Monday, September 10, 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, and Aldermen: Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. The minutes of the regular meeting on Monday, August 27, 1962, and of the adjourned session on Tuesday, August, 28, 1962, copies of which had previously been mailed to each of the Aldermen, were approved as written. Ordin ce No. 1315 The City Attorney introduced and,at the request of the Council, read in its entire a proposed ordinance entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES". Alderman Heflin moved that the ordinance pass. The motion was seconded bj7 Alderman Short and passed unanimously, whereupon the Mayor declared the Ordinance passed.