Loading...
HomeMy WebLinkAbout1963-10-28 Minutes, 1374 The Building Inspector presented the petition of the First National Bank of Fayetteville, Arkansas, to rezone certain property on the South West Corner of University Avenue and Di@ksoniUreet Eoom R-4 Multi -Family Residential And Dormitory District to C-3, Central Commercial District, which had been approved by the Planning Commission. After a brief discussion, the City Attorney introduced aid at the request of the Council read a proposed Ordinance in its entirerty, entitled, "AN ORDINANCE AMENDIN^. ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED, MAY 280 19622 TO REZONE CERTAIN REAL ESTATE FROM R-4 VIULTI-FAMILY RESIDENTIAL AND DORMITORY DISTRICT TO C-3 CENTRAL COMMERICAL DISTRICT." Alderman Burgin them moved that the Ordinance pass. The motion was seconded by Alderman Hellin and passed unanimously whereupon the Mayor declared the Ordinance passed. ORDINANCE N0. 1374 AN ORDINANCE AMENDING ZONItU ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT NAP OF FAYETTEVILIE, ARK- ANSAS, APPROVED MAY 282 1962, TO REZONE CERTAIN REAL.ESTATE FROM R-4 MULTI-FANMILY RESIDENTIAL AND DORM- ITORY DISTRICT TO C-3 CENTRAL CO14MMICAL DISTRICT. WHEREAS, a public hearing was field before the Planning Commission of the City of Fayettevillle, Arkansas, on October 22, 1963, on the petition of the First National Bank of Fayetteville, Arkansas, re- questing that said Planning Commission recommend to the City Council of the City of Fayetteville. Ark- ansas, that the City Council bnaattan ordinance rezoning theibllowing described property, to -wit: A part of the Southeast Quarter (SES) of the Northwest Quarter'(NW�) of Section Sixteen (16), Township 16' North, Range 30 West described as follows: Beginning at a point which is 434 feet West of the North- east corner o8 said 40 acre tract, and running thence Nest 401t25 feet; thence South 189 feet; thence East 101.25 feet to the west line of University Avenue; thence North with the West line of University Avenue 189 feet to the place of beginning; subject to the location of Dickson Street which encompasses approximately 42 feet of the North end of siad lot, from R4 Multi -Family Residential and Dormitory District to C-3 Central Commercial District. WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of hear- ing, 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 1 City of Fayetteville, Arkansas; its recommendation that an ordinance be adopted bezohing the above- described property from R-4 Multi -Family Residential and Dormitory District to C-3 Central Commercial District; NSWI THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1.' That the above described property zoned as R-4 Multi -Family Reeidential and Dormitory District be, and the same is hereby rezoned to C-3 Central 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 effeet from and after its passage, approval and publicati PASSED AND APPROVED this 28th day of October, 1963. M M03 a�•n� ' i it tegular The City Council of Fayetteville, Arkansas, not ih regular session on Monday, October 28, 1963, at 7:30 Session p.m, in the Council Room of the.City Administration Building. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Truinbo, City Engineer W. C. Smith, Assistant Chief of Police Elmo Ritchie, Fire Chief Burl Skelton, and Aldermen, Heflin, Christie, Watson, Wheeler, Thomad, Burgin, Faucette and Short.. Absent: None The Minutes of the Regular Meeting on Tuesday, October 22, 1963, a copy of which had previously been An mailed to each of the aldermen, were approved as written. Proposed Ordinance The petition of Julis Helms and Elizabbth Helms, husband and wife, to rezone certaih real estate located To Re- in the North part of the City, along Highway #112, and immediately South of the University Experiment Zone Farm, was presented by the City Building Inspector, with an explanation of the decision of the Planning Commission on thexezoning of this property. Attorney Louis Jones appeared in behalf of the people who opposed the rezoning of this property, as well as a large group of the citizens of the a ea who were opposed to the rezoning. Attorney Pete Estes appeared in behalf of the property owners for the rezoning. After a Lang discussion Alderman Burgin moved that the petition be referred back to the Planning Commission and the Planning. Committee of the Council for study and for recommendation. all, The motion was seconded by Alderman Christie and upon roll call, the following vote was recorded: "Aye" Christte, Watson, Wheeler, And Burgin. "Nay" Heflin, Faucette and Short. There being four "Ayes" and four "Nays" the vote was a tie and permitted the Mayor to cast a deciding vote. The Mayor voted "Nay", therefore the motion failed to pass. Alderman Short moved to referr the petition back to the Planning Commission with the request that they make a specific recommendation to the Council as to their decision of rezoning this property. The motion was seconded by Alderman Burgin and upon roll call the following vote was recorded:. "Aye" Watson, Burgin and Short. "Nay" Heflin, Christie, Wheeler, Thomas and Faucette. There being only three,"Ayes" and five "Nays", the Mayor declared the motion failed for lack of a madoiriityevotbe After a long discussion, the City Attorney introduced and at the request of the Council, read a proposed Ordinance in its entirety for the first time, ettitled, "AN ORDINANCE AMENDING ZONING ORDINANCE # 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 19629 TO REZONE CERTAINRREAL ESTATE FROM R -1A SINGLE FAMILY RESIDikiN'IAL DISTRICT TO I -1A LIGHT INDUSTRIAL DISTRICT." Aldernan Wheeler then moved that the rale be suspended and that the Ordinance be ;assed on the second reading. The motion was seconded by Alderman Thomas and passed unanimously. The Ordinance was t hen reac for the s econd time. Alderman Burgin then moved that the rule -be fiirther suspended and that the Ordinance be placed on the third and final reading. The motion was seconded by Alderman Heflin and passed unanimously. The Ordinance was then read for the third and last time. The Mayor 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" Christie. "Nays', Heflin, Watson, Wheeler, Thomas, Burgin, Faucette and Short. There being one "Aye" and seven "Nays", the Mayor declared the Ordinance defeated for lack of majority vote. , 1374 The Building Inspector presented the petition of the First National Bank of Fayetteville, Arkansas, to rezone certain property on the South West Corner of University Avenue and Di@ksoniUreet Eoom R-4 Multi -Family Residential And Dormitory District to C-3, Central Commercial District, which had been approved by the Planning Commission. After a brief discussion, the City Attorney introduced aid at the request of the Council read a proposed Ordinance in its entirerty, entitled, "AN ORDINANCE AMENDIN^. ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED, MAY 280 19622 TO REZONE CERTAIN REAL ESTATE FROM R-4 VIULTI-FAMILY RESIDENTIAL AND DORMITORY DISTRICT TO C-3 CENTRAL COMMERICAL DISTRICT." Alderman Burgin them moved that the Ordinance pass. The motion was seconded by Alderman Hellin and passed unanimously whereupon the Mayor declared the Ordinance passed. ORDINANCE N0. 1374 AN ORDINANCE AMENDING ZONItU ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT NAP OF FAYETTEVILIE, ARK- ANSAS, APPROVED MAY 282 1962, TO REZONE CERTAIN REAL.ESTATE FROM R-4 MULTI-FANMILY RESIDENTIAL AND DORM- ITORY DISTRICT TO C-3 CENTRAL CO14MMICAL DISTRICT. WHEREAS, a public hearing was field before the Planning Commission of the City of Fayettevillle, Arkansas, on October 22, 1963, on the petition of the First National Bank of Fayetteville, Arkansas, re- questing that said Planning Commission recommend to the City Council of the City of Fayetteville. Ark- ansas, that the City Council bnaattan ordinance rezoning theibllowing described property, to -wit: A part of the Southeast Quarter (SES) of the Northwest Quarter'(NW�) of Section Sixteen (16), Township 16' North, Range 30 West described as follows: Beginning at a point which is 434 feet West of the North- east corner o8 said 40 acre tract, and running thence Nest 401t25 feet; thence South 189 feet; thence East 101.25 feet to the west line of University Avenue; thence North with the West line of University Avenue 189 feet to the place of beginning; subject to the location of Dickson Street which encompasses approximately 42 feet of the North end of siad lot, from R4 Multi -Family Residential and Dormitory District to C-3 Central Commercial District. WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of hear- ing, 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 1 City of Fayetteville, Arkansas; its recommendation that an ordinance be adopted bezohing the above- described property from R-4 Multi -Family Residential and Dormitory District to C-3 Central Commercial District; NSWI THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1.' That the above described property zoned as R-4 Multi -Family Reeidential and Dormitory District be, and the same is hereby rezoned to C-3 Central 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 effeet from and after its passage, approval and publicati PASSED AND APPROVED this 28th day of October, 1963. M M03 a�•n� ' i it 256 Alderman Short reported that'the Committee appointed to study the proposed contract for the codification of the City Ordinance, had recommended the Contract as written. . . After a brief discussion, Alderman Short moved that the Mayor and.'City Clerk be and they are hereby authorized to enter into a contract with the Municipal Code Corporation, Tallahassee, Florida, to codify the Ordinances of the City of Fayetteville. The motion was seconded by Alderman Faucette and passed unanimous. A copy of the ContlSact was spread in the mirfmtes as a permanent record. ontract £dr CONTRACT City inances To: The City of Fayetteville, Arkansas The Municipal Code Corporation, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as the Corporation, hereby offers.to revise, edit and codify the ordinances and publish a new Code of Ordinances for the City of Rayetteville, a municippl corporation duly authorized and exi.sting under the laws of the State of Arkansas, according to the following terms and conditions. PART ONE ' EDITORIAL WORK The Corporation,wirl, under the supervision of the City Attorney: (1) CODIFICATION OF CH DINANCES. Codify, classify and edit the ordinances of a general and permanent nature passed in final form by the City as of the date of this proposal provided, however, that the City may forward to the offices of the Corporation all ordinances passed subsequent'to sial date for inclusion in the Hew Code up to the time of typesetting of the manuscript. No ordinances will, however, be included in the Code manuscript subsequent to notice of completion of the editorial work as provided in paragraph (13) of this Part. (2) REVISE OR REWRITE EXISTING ORDINANCES. Revise, rewrite and edit the existing ordinances so that the provision of the new Code will be expressed in concise, modern and proper phraseology with- out conflicts, ambiguities and repetitious provisions. Material changes resulting thereby shall be sub- mitted to the City Attorney for consideration and approval. Each chapter of the new Code shall be ail -inclusive and shall embrace alloordinances dealing with the subject matter of that chapbbr, and within the chapter itseld, the ordinances ah.111 be arranged in an orderly and logical fashion. (3) REPEAL OF OBSOLETE PROVISIONS. Inform the City Attorney of obsolete, outmoded or un- necessary provisions which he in turn may reconm.nd to be repealed by the City Council. (4) RECOMMEND NEW MATERIAL. Inform the City Attorney of new material which he can recommend to the City Council to be inclided in the Code so that the new Code will be broad'and comphehensive to cover existing conditions or conditions which may arise in the foreseeable future. (5). CATCHLINES. Prepare catchlines to the individual sections that accurately express the content of the section. (6) STATE TAN AND COURT DECISIONS. The ordinances will be checked against the corresponding provisions of the general and special acts of the State of Arkansas relating to the City, and against the decisions of the Supreme Court of the state to eliminate conflicts and give assurance.of validity and constitutionality. Any changes necessitated by such 'editorial checking dhall be reported to the City Attorney. (%) FOOTNOTES AND CROSS REFERENCES. Prepare editorial footnotes and cross references which will bie related sections of the New Code together. Proper references will also be made.in the form of footnotes to similar or related provisions of the state law. (8) INDEX. Prepare a cofprehensivego legal and factual general index, for the entire Code. (9) HISTORY NOTES. Prepare history notes for each section of the new Code, which notes will include references to the ordinance fromvhich the section is derived. (10) EDITORIAL CONFERENCE. All editorial work will be performed in the office.in Tallahassee, Florida, Upon completion of the basic editorial research, the Supervising Editor in charge of your Code will conduct an editorial with the City Attorney, City Clerk/and/or other city officials. All changes and recommendations will be made known at this time and the City will be free to adopt or reject any or all of them. The City officials will be free to make changes and alterations at this conference and the Corporation will be charged with the duty of carrying out all such desired changes. (11) POST CONFERENCE I•fORKT Upon completion of the editofial conference conducted in the City of Fayetteville, The Code manuscript will be prepared for typesetting and printing. (12) ADOPTION OF CODE. After approval of the manuscript by the City Attorney at the editoriAl conference and after the Code has been set in type and the galley prodfs have been submitted to the City and approved by the City Attorney, the Corporation shall proceed to print the proposed new Code in ac- cordance with paaagraph (14) of this proposal. When the printing fedeomplete, the Corporation will sub- mit three (3) advance copies bound for filing, along with a form of suggested adopting ordinance.After the City Attorney drafts the adopting ordinance and the same is enacted by the City, the City Clerk shall send the Corporation a true copy of the adopting ordinance and the Corporation will print the satpe to be inserted into all copies of the new Code. (13) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon tipproval of the Code manusdript by the City and the post conference work is completed, the Corporation shall notify the City in wilting that the Code manuscript is ready for typesetting and printing. No ordinances will be included in the Code manuscript enacte subsewuent to such notice. PRINTING AND BINDING (14) TYPEPAPER, NUMBER OF COPIES, ETC. Upon completion of the editorial work and approval the same by the City Attorney, the Corporation shall print: (a) the text o£ the Code in teh-point type with bold -face catbhlines. (b) the index in eight -point type with main headings in light face:capitals. 259 (c) one hundred (100) copies of the Code on 60 lb. English'EiKigh Book Paper or its equivalent. (d) the'pages shallbbeaapproximately nine inches by six inches in size. (e) the editorial notes and -cross references shall be in eight -point type with bold -face headin (15) BINDING. The Corporation -shall bind twenty-five (25)copies of the completed Code in mechanical post -style binders, each *kth slide -lock fasteners and with imitation leather covers stamped in gold -leaf. The remaining seventy-five (75) unbound copies of the Code will be punched and wrapped for storage and eventual binding by the City. PART TWO The City Will: (1) COPIES OF MATERIAL. It shall be the duty of the City to furnish the Corporation with eithe. typed or printed copies of all ordinances of a general and permanent nature passed in final form for use in the editorial work. In the event copies of the ordinances are not available, the Corporation will photograph copies of all ordinances needed from the ordinance books and records of the City. It will be n8cessary for the City to send the ordinance books to Tallahassee for this photographing, whereupon the Corporation will return the books and records to the City withing twn days. (2) COSTS. Pay the Corporation for the work of editing, printing,and binding as herein pro- vided, the sum of Four Thousand Four Hundred Fifty Dollars ($4,450.00). The above sum is based on a completed Code not to exceed two hundred fifty (250) pages. In t event tffe total number of pages of the completed Code exceeds 250, a charge of Nine Dollars and Fifty Cents ($9.50) per page will be made to cover all pages in ex@ess of 250. In the event the total number of pages of the completed Code is less than 250, the same per page rate will be deducted from the total cost for each page less than 2501 (3) PAYMENT. Money dues hereunder shall be due and payable as follows: One-third upon the signing of a contract based on this proposal; One-third upon submission of the manuscrifit to the City at the editorial conference and the balance upon final delivery of the completed Codes to the City. (4) The above cost does not include freight charges. The City shall pay all.ffreight charges. PART THREE LOOSELEAF SUPPLEMENT SERVICE After the official adoption of the new Code as herein provided, the Corporation hereby offers to maintain the same up-to-date by means of publishing Looseleaf Supplements containing the ordinances of a general and permanent nature passed subsequent thereto. It shall be the duty of the City to for- ward to the offices of the Corporation one true copy of each ordinance•passed.dubsequent to the adoption of the Code. The Corporation will record these ordinances and once each three months, or more often if desired, the Corporation will edit these ordinances appending appropriate headnotes, catchlines, foot- notes, cross re,P,erences and explanatory notes as deemed necessary and reprint the page or pages of the Code affected, removing the amended or obsolete provisions and inserting the new provisions from the subsequent.ordinances. When the inclusion of the new material necessitates changes in the index, appropriate entries will be prepated and printed either on blue sheets to be inserted in the index opposit6 the related entries, or when necessary, reprint the page or pages of the index to include the new entries. Each Supplement will contain a page of instructions for removal of the old pages and the in- sertion of the new pages. The Corporation will prepare the ordinances editorially and print one hundred (100) copies of each Supplement for the sum of Nine Dollars and Fifty Cents ($9.50) per page. For the purpose of this proposal, a page is hereby defined as the area on onessdideodf a sheet of paper. A shebt contains two pages. The Supplements will be shipped to the City, F.O-.B. Tallahassee, Florida for distribution to the holders of the Codes. The City shall have the exclusive right to sell the Codes and the Supplements wit. in the City. We at the Municipal Code Corporation appreciate the opportunity of submitting this proposal to the City of Fayetteville and sincerely hope that its terms are acceptable. Respectfully submitted, MUNICIPAL CODE CORPORATION GEORGE R. LANGFORD President 4PPRoyEn THTS 9Rkh dny of 0 nher 1963 F�vetteville Citv Council Alderman Thomas and Burgin were excused at this time. 260 J Rules and Regulatior Governing Connecti No. 17-63 The proposed, "RULES. AND REGUTATIONS GOVERNING WHO MAY HAVE WATER SERVICE CONNECTIONS OUTSIDE THE ARFAS OF LEGALLY ORGAINIZED SUBURBAN WATER DISTRICTS AND.OIJTSIDE THE CORPORATE AREA OF FAYETTEVILLE, ARKANSAS, were read and explained by the City Water Superintendent. After a long discussion, Alderman Wheeler moved that'the rules and regulations be adopted. The motion was seconded by Alderman Heflin and passed unanimous. These rules and regulations were spread in the minutes as a permanent record. RULES AND REGULATIONS GOVERNING WHO MAY HAVE WATER SERVICE CONNECTIONS OUTSIDE THE AREAS OF LEGALLY ORGANIZED SUBURBAN WATER DISTRICTS ARID OUTSIDE THE CORPORATE AREA OF FAYETTEVILLE, ARKANSAS CITY WATER DEPARTMENT Fayetteville, Arkansas Under the authority of Ordinahce No. 953, dated August 15, 1949, the following rules and regulatio governing who may receive water service from water mains outside the areas of legally organized Suburba Water Districts and the corporate area of the City of Fayetteville, Arkansas, shall become effective uF approgal of the City Council: 1. Many privately owned, city owned and suburban water districtoowned water mains are in existenc outside the areas of the suburban districts and outside the corporate area of the City of Fayetteville, and in order to establish.who.mgy be eligible to acquire serfice connections to these mains, the follor policies shall govern. (a) No service connections will be made to raw water transmission pipes, except when a prior ment from the owher to the City expressly provides for such. (b) Service Connections to treated water mains may be �:ade by the City to residences, businesses, and industries which are adjacent to any existing treated water main (see definition of adjacent below) providing authorization is furnished from suburban districts for mains extended from their syptem, and authorizations are furnished by oimers of privately owned mains extended from City mains. (c) No service connections shall be made to water mains constructed by or through permission of suburban water district outside,their district area after these rules and regulations are approved by the City Council unless said waterrain has the expressed approval of the City Council. In the event City Council grants permission for a water main in accordance with this 1a ragraph, when the main is c plated and placed in operation, service connections may be made to parties as provided elsewhere in t rules and regulations. 2. A piece of property considered "adjacent" must meet all of the following conditions: (a) The tract of land on which the water is to be used must abutt an existing water main for a distance of at least 20 feet. The main may be in a highway, street, road, alley or on an easement or railroad right of way. (b).The length of the service pipe from the main to the meter box shall not be greater than 60 except when railraod amd highway rights of way are traversed this distance shall be not greater than 1$0 feet (meters are 4 to 10 feet inside owner's property depending on possible future widening of s or road). (c) The distance from the meter to the point or building where water will be used shall not be than 300 feet. For industries located on a large tract, this distance may be greater. (d) A straight line from the meter to the point or building where water will be used shall not pa through another property owner's land or across other building Bites which mayllbter have buildings cc structed upon them. 3. Any person who willfully gives false information concerning his property in order to be classe a3edd-jacent may be denied water service to the property served or to be served and denied water service to parcels of land sold from the original tract even though they may be classed as adjacent. 4. These rules and regulations are intended to provide that service connections made shall be d under good standard practices and to• establish procedures and limitations that will insure this pract: and to limit the extending o$ crater mains -outside suburbbnn water district areas and outside the cor- porate limits of the City of Fayetteville, Arkansas, APPROVED OCTOBER 28, 1963, BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS, The Building Inspector reported that Thomas C. Comley, D.B.A., Corley F.iherrHbmes Inc., and J.W. Eoff and Marie Eoff, husband and wife, had fulfilled the provisions of their sub -dividers contract on lots 1 through 9 of Block 2 of the Bel -Air Second Addition to the City of Fayetteville, Arkansas, and had re- quested that they be released from this contract. Alderman Christie moved that the City Clerk be and he is hereby authorized and directed to execute a release deed for lots 1 through 9 of Block 2 of the Bel -Air Second Addition to the City of Fayetteville, Arkansas. The motion was seconded by Alderman Short and passed unanimous. Alderman Wheeler moved that a resolution be adopted authorizing the City Planning Commission to take. necessary action to amend Zoning Ordinance No. 1239 in regard to newly annexed territory. The motion seconded by Alderman Short and passed unanimous, whereupon the Mayor declared the resolution adopted. RESOLUTION N0. 17 - 63 WHEREAS, Zoning Ordinance No. 123% passed and approved June'13, 1960, as amended by Ordinances No. 1276, passed and approved September 25, 1961; Ordinance No. 1282, passed and approved January 8, 19 Ordinance No. 1284, passed and approved January 22, 1962; and Ordinance No. 1339, passed and approved February 25, 1963, and Zoning District Map, approved May 28, 1962, govern the Zoning Districts within the City of Fayetteville, Arkansas, and WHEREAS, real estate property which is annexed to the City of Fayetteville, Arkansas, is auto- matically zoned as R -1A Single -Family Residential District under the provisions of these zoning ordi- nances, and