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HomeMy WebLinkAbout1963-07-08 MinutesThe City Council of Fayetteville, Arkansas, met in regular session on Monday, July 8, 1963, at 7:30 p.m. in the Council Room ifi the City Adminstration Building. ' Present: Mayor Guy E. Brown$ City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Pass Trumbo, City Engineer W. C; Smith, Chief of Police Hollis Spencer, and Aldermen:.Heflin, Christie, Watson, Wheeler, Thomas, Burgin�'Faucette, and Short. Absent: Fire Chief Burl Skelton. The minutes of the regular meeting on Monday, June 24, 1963, a copy of which had been mailed to each of the Aldermen, were approved as written. A proposed Street Right-of—Way Grant from Leonard Gabbard and Belle Gabbard was brought up for discuss: o action The Building Inspector explained the situation as it existed relative to issuing a building permit to on propose Mr. Gabbard under the City subdivision Ordinance'No. 1245 for a residence to be located at the reet intersection of Austin Drive and Broadview Drive. Mr. Winston Lindsay had sold -Mr. Gabbard this lot tight -of -way. and had left a 30 foot strip south of this lot for a future street to run east and west from Broadview S:0, Drive to Wheeler Avenue. After a long discussion Adlerman•ldheeler stated that the City Subdivision /,A Ordinance No. 1245 requires 50 feet street right -a -ways and he moved that no action be taken on this Street Right -a -way grant until the provisions of'this ordinance requiring a 50 foot right-of-way be complied with before a building permit is issued. The motion was seconded by Alderman Thomas and passed unanimously. The 'City Attorney introduc entitled, "AN ORDINANCE VA, OF THE EVINS FARM ADDITION Alderman Thhmas moved that The motion was seconded by Ordinance passed. sd, and at the request of the Council, read a proposed Ordinance in its ent 1ATING AND ABANDONING A NORTH -SOUTH STREET LYING BETWEEN LOTS NO. 15 AND 16 TO THE CITY OF FAYETTEVILLE, ARKANSAS." the ordinance pass. Alderman Wheeler and passed unanimously, whereupon the Mayor declared the ORDINANCE NO, 1356 Ord. No.I AN ORDINANCE VACATING AND ABANDONING A NORTH -SOUTH STREET LYING P,F,TWEEN LOTS.NO. 15 AND 16 OF THE EVINS 1356 FARM ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 24th day of June, 1963, asking the City Council to vacate and abandon the north -south 20 foot public street dedication'situatedbetween Lots No. 15 and 16 of Evins Farm Addition to the City of Fayetteville, Washington County, Arkansas, as per plat of said Addition,iand WHEREAS, after due notices as required by law, the City Council has at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained thatthe street hereinabove described has heretofore been dedicated to the public use as a street; has not been actuall used by the'public generally 'for a period of at least five ,years subsequent to the filing of the plat of said Addition; that all owners of the property abutting on the said street sought to be vacated have filed with the City Council their written consent to said abandonment; and that public interest and welfare will not be adversely affected by the abandonment of said street. NOW, THEREFORE, BE IT ORDAItTED By THE CITY COUNCIL OF THE CITY OF FAYL'rTEVILLE, ARKANSAS, SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the streetdesignated as Follows: The north -south 20 foot public street dedication situated between Lots No. 15 and 16 of F,vins Farm Addition to the City of Fayetteville, Washington County, Arkansas, asper platof said Addition, and the ownership of the property now occupied by said street is hereby vested in the petitioners abutting upon said street in fee simple absolute, free and clear of the easement of the city therein for public use as a street. SECTION 2. A copy of the Ordinance duly certified by the City Clerk shall be fildd in the office of the Recorder of the County and recorded in the Deed Records of the County. SECTION 3. This Ordinance shall be in force and effect from and after its passage, approval and publication. PASSED AND APPROVED THIS 8th day of July 1963. APPROVED: GUY E. OWN, MAYOR ATTr'ST : CITY CYMV,tGEORGE J. DAVIS The'City Clerk read a letter from Mr. Mortimer Berry calling attention to two houses located in the Cit. one on Gregg Street, the other on Blair Street, which in his opinion are fire hazards. Letter from Alderman Short moved 'that this be referred to the Building Committee for study and recommendation. ® rr,.. B Dry The motion was seconded by Alberman Wheeler and passed unanimously. 1� 'y 'The Building Inspector presented a Final Plat for Bel -Air Acres Second Addition which had been approved b? the Planning Commission: The City Attorney then introduced and, at the request of the Council, I read a proposed ordinance in its entirety, entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS9PALLEYS5 AND EASEMENTS IN BEL -AIR ACRES SECOND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Burgin moved that the Ordinance pass. The motion.was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the Ordinance passed. 238 ORDINANCE N0. 1357 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION(OF ALL STREETS, ALLEYS, AND EASEMENTS IN BEL -AIR ACRES Ord. No. SECOND ADDITION TO T14E CITY OF FAYETTEVILLE, ARKANSAS 1357 WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat dated June, 1963, known as Bel -Air Acres Secohd Addition to the City of Fayetteville, Arkansas, and being located in SW�, SW�, Section 4, Township 16 North, Range 30 West of the.Fifth Principal Meridan, being a replat of Lot 16 and Part of Lot 15 of Evin's Farm,'which the owners have deciated 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 the said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AFKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys and easements, dedicated in Bel -Air Acres Second Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys; and easements to he public streets, alleys and eas and that said City Council hereby assumes the care, control and jurisdicti(Dnnof the same. SECTION 2. That this Ordinance shall be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 8th day of July, 1963. APPROVED: GUY E. B OI%N, MANOR ATTEST: GEORGE J.j9)AVW; CITY CLERK Alderman Burgin moved that the Mayor"and/or City Clerk be authcrized to execute a $ubdiiiid6rss Contract with Comley Finer Homes Incorporated';:J. W."Eoff and Marie Eoff, Husband and wife, for the Bel -sire Acres Second Addition to the City of Fayetteville, Arkansas. The motion was seconded by Alderman Short and passed unanimously. The Building Inspector presented the Petition of ldurray F. Lewis and W. A. Lewis to rezone certain property in the A. L. Trent Subdivision of Oak Grove Addition.to the City of Fayetteville, Arkansas from 2 -Two -Family Residential Districts to C-2 Thoroughfare CommerciallDistrict': ThetPlanningCCommissiofl had recommehdedhthat:.this -be:;reionbdd:to R-4 Multi -Family Residential and Dormitory District. After a long discussion the City Attorney introducted and, at the request of the Council read a proposed ordinance entitled, "AN ORDINANCE AM.ENDING"ZONING ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-4 MULTI -FAMILY RESIDENTIAL AND DORMITORY DISTRICT." Alderman Burgin moved that the ordinance pass. The motion was 'seconded by Alderman Thomas and passed unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1358 AN ORDINANCE AMENDING ZONING CRDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK APPROVED MAY 282 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-4 rd. No. MULTI -FAMILY RESIDENTIAL AND DORMITORY DISTRICT 1358 WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on June 27 and July 5, 1963, on the petition of Murray F. Lewis and W. A. Lewis, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council enact an orcinance rezoning the following described property, to -wit: Lot Three (3) in Block three (3) of A. L. Trent Subdivision of Oak Grove Addition to the City of Fayetteville, Arkansas, as designated upon the recorded plat of said subdivision, from R-2 Two -Family Residential Districtto 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 circ in said City.;. more than 15 days prior to said public hearing, and REAS, following said public hearing, said Planning Commission certified to the City Council of Fayett ansas, its recommendation that an ordinance be adopted rezoning the above-described property from R-2 -Family Residential District to R-4 Multi -Family Residential and Dormitory District; , T11EREFCRE3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: CTION 1. That the above-described property presently zoned as R-2 Two -Family Residential District , and the same is hereby rezoned to R-4 Multi -Family Residential and Dormitory District. ection 2. That all ordinances or Farts of ordinancesin conflict herewith are hereby repealed, and this rdinance shall be in full, force and effect from and after itspassage, approval and publication. AND APPROVED this 8th day of July, 1963. APPROVED: GUY E. R(WN, MAYOR ,FORGE go & " S, CITY CLERK 2391 The Building Inspector presented the pmtition of L. M. McGoodwin-and Mary Joyce McGoodwin, husband and to rezone certain property in the City of Fayetteville, Arkansas, from R -lb Single -Family Residential District to C-2 Thoroughfare Comericial District. This had been denied by the Planning Commission but they recommended that it be rezoned to R -P Professional Office Residential District. Mr. McGoodwin appreared before the Council and explained that he did not wish to have the property all rezoned to C-2 Thoroughfare Commericial District, but requested only half to be reaoned to C-2 Thoroughfare Commericial District and the remainddr to R -P Professional Office Residential District. After a long discussion the City Attorney introduced and at the request of the Council watpadockkw read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVI. ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE-FAMILY RESIDENTIAL DIST TO R -P PROFESSIONAL OFFICE RESIDENTIAL DISTRICT, AND C-2 THOROUGHFARE, CO10T.RCIAL DISTRICT." Alderman Thomas moved that the Ordinance pass. The motion was'seconded by Alderman Faucette and passed unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE N0, 1359 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1239 AND REVISED ZONING DISTRICT bIAP OF FAYEPTFVILLE, ARKANSAI APPROVED MAY 283 1962, TO REZONE CERTAIN RFAL ESTATE FROM R -1B SINGLE-FMiILY RESIDENTIAL DISTRICT TO Ord, No. R -P PROFESSIONAL OFFICE RESID91TIAL DISTRICT, AND C-2 THOROUGHFARE COMMERCIAL DISTRICT 1359 WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on June 27 and July 5, 1963, on the petition of L. M. McGoodwin and Mary Joyce McGoodwin, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council enact an ordinance rezoning the following described property, to -wit: The East 340 fee of a part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE11/4) of Section Twenty -Six (26): Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows: Beginning at a point 210 feet South'of the Northwest corner of.said 40 acre tract, and running thence East 420 feet, thence North 30 feet,, thence East 260 feet to the Northwest. corner of Lot 31, Maple Crest Addition to the City of Fayetteville, thence South 465 feet,thence West 680 feet, thence North 435 feet to the point of beginning. Said description includes the North 15 feet of Lots 1 and 30 in Maple Crest Addition to the City of Fayetteville, Arkansas, from R -1B Single -Family Residential District to C-2 Thoroughfare Commercial 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 circulation 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 the above- described property from R -IB Single -Family Residential District to R -P Professional Office Residential District; Nall THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. -Thattthe above-described property presently zoned as R71B Single -Family Residential District be, and the same is hereby rezoned as follows: The East 140 feet of said tract is hereby rezondd-to R -P Professional Office Residential District; the remainder of said tract is hereby reaoned 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 AND APPROVED this 8th day of July, 1963. APPROVE: GUY E. BR i, MAYOR ATTEST: QAeto GIDRGE X DKKSl CITY CLERK The Building Inspector presented'a final plat for a subdivision to be known as Valley Vista, the same being a replat of part of Lots 6, 1, and 8 of Lewis Subdivision in the City of Fayetteville, Arkansas and which had been recommended by the Planning Commission. After a brief discussion the City Attorney introducEpd, and at the request of the Council, read a proposed ordinance in its entirety entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETq ALLEY$ AND EASEMENTS IN VALLEY VISTA SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS." Alderman Short moved that the ordinance pass. The notion was seconded by Alderman Wheeler and passed unanimously, whereupon the Mayor declared the ordinance passed. ORDINANCE 110. 1360 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN VALLEY VISTA Ord. No. SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS 1360 WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat dated June, 1963, known as Valley Vistq Subdivision to the City of Fayetteville, Arkansas, and being a replat of part of Lots 6, 7, and 8 of Lewis Subdivision in the'City of Fayetteville, Arkansas, which the owners have dedicated for the public use the streets, alleys, and easements shown upon said plat; and WHEREAS, the City Planning Commissionof the City of Fayetteville, Arkansas, has recommended the of the said plat. NOW, THEREFORE, BE IT ORDAINED B" THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Ir t 240 abbard ) IThe motion was seconded by Alderman Faucette and passed unanimously. Alderman Short read a letter from the Retail Merchants Parking Association requesting that a study be made by the Council in re#a.rd to issuiirg monthly parking permits on Offl-Street Parking Lots. ter Read After a long discussion, Alderman Short moved to refer this to a special committee consisting"of m Parking Alderman Wzatson and Heflin, Chief of Police Hollis Spencer, and City Controller Albert J. Jones. oc;ptiM The motimn was seconded by Alderman Wheeler and passed unanimously. rta-The City Controller reported that he had been studying the ordinances of the City and he recommended that the City Attorney be instructed to write several Codifying Companies relative to having the City Ordinance horize Codified. y AttorneyAlderman Thomas moved to accept the recommendation of the City Controller and that the City Attorney be write (authorized a'nd direbted to submittthe information to the various Codifying Companies for their proposals ifying on the codification of the City Ordinances of Fayetteville, Arkansas. The motion was seconded by Alderman Burgin and passed unanimously. Alderman Short introduced and read a proposed resolution dealing with the outstanding bonds o$c' Fayetteville Surburban Water Districts No. 1 and 3•. After a brief discussion, Alderman 3iort moved that the resolution be adopted. The mostion was seconded by Alderman Burgin and upon rollcall the following vote was recorded: "Aye's. Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. Alderman Short then moved thatthe emergency clause be adopted. The motion was seconded by Alderman Faucette and upon rollcall the follDwing vote was recorded: "Aye" Christie,Watson, Wheeler, Thomas Burgin, Faucette, and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Emergency C3ausedadopted, RESOLUTION 110. 13-63 WHEREAS, on the 27th day of May, 1963, the City (buncil (hereafter sometimes referred to as "Council") of the City of Fayetteville, Arkansas (hereafter sometimes referred to as "City") duly adopted Resolution N0. 10-63, such resolution providing that the City, as owner and holder of all the outstanding bonds of Fayetteville Suburban Water District No. 1 of 14hshington County, Arkansas (hereafter sometimes referred to as "District No. 111), and as owner and older of all the outstanding bonds of Fayetteville Suburban Water District No. 3 of Washington (bunty, Arkansas, hereafter sometimes referred to as "District No. 3") by siuch resaDution did forgive, cancol and terminate the indebtedness, SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all Ord. No. streets, alleys, and easements, dedicated in Valley Vista Subdivision to the City of Fayetteville, 1360 Arkansas, and hereby declares said streets, alleys, and easements to be public streets, alleys, and Cont. easements, and the said City Council hereby assumes the care, control and jurisdiction of the same. SECTION' 2. That this Ordinance shall be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 8th day of July, 1963. APPROVED: GUY 1Y, OWN, MAYOR ATTEST: GEORGE J,VDAW153 CITY CLERK EXECUTE Alderman Short then moved that the Mayor and/or City Clerk be authorized to execute a Subdividors Contrac subdividdr with J. E. Gabbard and Ida M. Gabbard, husband and wife, on the Valley Vista Additibn'v. contract The motion was seconded by Alderman Faucbbte and passed unanimously. equipment Alderman Faucette reported that biddA had been received and opened for Two -Way Radio/, together with Bids on remote controls, antehae and other aeeesaeries , and that only one bid had been received which rias by dio equip. MOTOROLA Communitions and Electronics, Inc. The total sum of $5,031.14 for the Police and Fire Departmer two-way) After a brief discussion Aldoerman Faucette moved to'purchase one Two Way FM Raido equipment for each the Police and Firemdepartment'at a total cost of $10,062.28. The motion was seconded by Alderman Wheeler and passed unanimously. There being no further business Alderman Thomas moved to adjourn. The motion was seconded by Alderman Wheeler and passed unanimously,.whereupon the Mayor declared the meeting adjourned. ' AFPROVED:-----��i GUY E. OWN, MAYOR ATTEST: GEORGE J(J DOIS; CITY CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, July'22, 1963, at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George - J. Davis, City Controller Albert J. Jones, Chief of Police Rollis Spencer, and Aldermen: Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: City Attorney Bass Trumbo, City Engineer W. C. Smith, Fire Chief Burl Skelton, and Alderman ' Laverne Heflin. The minutes of the regular meeting on Monday, July 8, 1963, a copy of which had previously been mailed to each of the Aldermen, were approved as written. The Building Inspector presented a proposed street easement from Mr. Leonard Gabbard, Easement After- a brief discussion, Alderman Christie moved to accept the street easement from Mr. Gabbard and that cepted. the Building Inspector be instructed to issue the Building Permit to Mr. Gabbard as requested. abbard ) IThe motion was seconded by Alderman Faucette and passed unanimously. Alderman Short read a letter from the Retail Merchants Parking Association requesting that a study be made by the Council in re#a.rd to issuiirg monthly parking permits on Offl-Street Parking Lots. ter Read After a long discussion, Alderman Short moved to refer this to a special committee consisting"of m Parking Alderman Wzatson and Heflin, Chief of Police Hollis Spencer, and City Controller Albert J. Jones. oc;ptiM The motimn was seconded by Alderman Wheeler and passed unanimously. rta-The City Controller reported that he had been studying the ordinances of the City and he recommended that the City Attorney be instructed to write several Codifying Companies relative to having the City Ordinance horize Codified. y AttorneyAlderman Thomas moved to accept the recommendation of the City Controller and that the City Attorney be write (authorized a'nd direbted to submittthe information to the various Codifying Companies for their proposals ifying on the codification of the City Ordinances of Fayetteville, Arkansas. The motion was seconded by Alderman Burgin and passed unanimously. Alderman Short introduced and read a proposed resolution dealing with the outstanding bonds o$c' Fayetteville Surburban Water Districts No. 1 and 3•. After a brief discussion, Alderman 3iort moved that the resolution be adopted. The mostion was seconded by Alderman Burgin and upon rollcall the following vote was recorded: "Aye's. Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. Alderman Short then moved thatthe emergency clause be adopted. The motion was seconded by Alderman Faucette and upon rollcall the follDwing vote was recorded: "Aye" Christie,Watson, Wheeler, Thomas Burgin, Faucette, and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Emergency C3ausedadopted, RESOLUTION 110. 13-63 WHEREAS, on the 27th day of May, 1963, the City (buncil (hereafter sometimes referred to as "Council") of the City of Fayetteville, Arkansas (hereafter sometimes referred to as "City") duly adopted Resolution N0. 10-63, such resolution providing that the City, as owner and holder of all the outstanding bonds of Fayetteville Suburban Water District No. 1 of 14hshington County, Arkansas (hereafter sometimes referred to as "District No. 111), and as owner and older of all the outstanding bonds of Fayetteville Suburban Water District No. 3 of Washington (bunty, Arkansas, hereafter sometimes referred to as "District No. 3") by siuch resaDution did forgive, cancol and terminate the indebtedness,