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HomeMy WebLinkAbout1963-11-11 MinutesWHEREAS, the City Council, after carefule consideration, has determined that it would be for the best interest of the property owners that the present zoning ordinances be amended to provide that, in the future, all newly annexed territory be automatically zoned as 1-1 Open Land District, so as to provide more flexible use of said land by owners, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the City Planning Commission of the City of Fayetteville, Arkansas, takethe necessary action immediately to begin proceeding &or the amending of the provisions of the zoning ordinance to hereafter zone all newly annexed territory as 0=1 Open'Land District instead of R -1A Single -Family Res- idential District as the Zoning Ordinances now provide, in order that the owners of said annexed land have more flexible use of their property. PASSED AND APPROVED this 28th day of October, 1963. APPROVED: GUY E. EROWN, MAYOR ATTEST: GEORGE tU QMS, CITY CLERK There being no further business, Alderman Watson moved to adjourn. The motion was seconded by Alderman Heflin and passed unanimous wherkupon the Mayor declared the meeting adjourned. APPROVED: &Wjm\ i GUY E. R , MAYOR ATTEST: GEORGE V DVM, CITY CLERK The City'Council of Fayetteville, Arkansas, met in regular session on Monday, November 11, 1963, at 7:30 p.m. in the Council Room of the City Administration, Building. Present: Mayor Guy.E. Brown, City Clerk George �. Davis, City Cont roller, 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, Watson, Wheeler, Thomas, Burgin and Short. Absent: A}Aet}er /7L06R� 4N pys�GErTE, The minutes of the regular meeting on Monday, October 28, 1963 aecopyeof whichphadvj>reviously been mailed to each o£.the Aldermen, were approved as written. The Mayor reported that this was the date, time, and place set for a public hearing on the petition of W.A. Lewis and.Murray F. Lewis, tovvacate and abandon a portion of an alley located in Block 3 of the A.L. Trent Sub -division of the Oak Grove addition to the City of Fayetteville, Arkansas. The City Clerk reported that he had cause a notice of the public hearing -to be published in the Northw Arkansas Times, a daily newspaper printed in Washington County, Arkansas, and having a general circula in the City of Fayetteville, Arkansas, once a week for two consecutive weeks prior to the date set for the public hearing, that he had also caused an abstractor's certificate of title showing the owners of record of the property adjacent to the alley sought to be vacated. The City Cleric further reported that he had letters from the utility companies, viz, Arkansas Western Gas Company, Southwestern Electric Power Company, and the Southwestern Bell Telephone Company stating that they had no objections to this alley being vacated. Mr. Jim Robertson owner of Lot No. 7 in Block 3 appeared before the Council and objected to the alley being closed unless the City would open Highland Avenue to his property or that the Lewis's would grant him an easement through this alley whereby he would have ingress and egress to his lot. Messrs. Lewis agreed to give Ma. Robertson permission to use this alley, however, it was noted by the Council that Mr: Robertson could not build upon his lot unless -Highland Avenue should be opened.. After a long discussion, the City Attorney 1htroddeedaadd at the request of the Council, read a proposed Ordinance in its entirety entitled, "AM ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN THE A.L. TRE SUB-DIVISION'OF THE OAK GROVE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS." Alderman Burgin moved that the rule be suspended and that the Ordinance be placed on the second reading. The motion was seconded by Alde8i8eti'PTNdJAai1Cand3Wsed unanimously. The ordinance was then read for the second time. A1des= anR OgfiiCtHF!NGmBvedRtt'ESi; theAen3nLbF f&tI1613 s}�6ndb21:�xidCUhtii bkhe' �itiaiitle 1Si P1ffcaR.on thvw'"rgr 1hiY'MIy3ndTfifiallikadirig.LL , ARKAATSAS. /third The motion was seconded by Alderman Thomas and passed unanimous, and the Ordinance was read for the/last The Mayor declared the Ordinance open for discussion. There being no further discustlon, the Mayor askei the question, "Shall the Ordinance Pass?" Upon roll call, the following vote was recorded: "AYE" Heflin, Christfi e, Watson, Wheeler, Thomas, Burgin and Short. "NAY" None. III There being seven "AYES" and no "NAYS", the Mayor declared the Ordinance p"sed. Ordinsnoe ORDINANCE N0. 1375 No. 1375 AN ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN THE A.L. TRENT SUB -DIVISION OF THE OAKKGROVE AD= DITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, aski the City Council to vacate and abandon that portion of an alley located in the A.L. Trent Subdivision of the Oak Grove Addition to the City of Fayetteville, Arkansas, and more particu3:irlgedesZ$t0edsafio1!6,1IjWs: Beginning on Davidson Street, at the Southwest corner of Lot (5) in Block (3) and running thence in a Northeasterly direction along the West; Line of Lot (5) (70) feetg more or less, to the Southwest corner of Lot (4) in Block (3), thence West (12) feet; thence in a Southwesterly direction along the East line of Lot (3) in Block (3) (70) feet, more or less, to the Southeast corner of said lot (3) in Block (3); thence Fast (12) feet to the point of beginning. WHEREAS, after due notice 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 that the por- tion of the alley hereinabove described has heretofore been dedicated to the public use as an alley; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the portion of said alley sought t be vacated have filed with the City Council their written consent to said abandonment; and that public 0 ce Cont Tax Levy Letter of aance 1376 interest and welfare will not be adversely affectdd by the abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacated, and abandons all its rights, together with the reights of the public generally, in and to, all that portion of an alley locate in the A.L. Trent Subdivision, of the Oak Grove Addition to the City of Fayetteville, Arkansas, more particularly described as follows: Beginning on Davidson Street, at t he Southwest corner of Lot (5), it Block (3) and running thence in a NRrtheasterly direction along the West line of Lot (5) (70) feet, more or less, to the Southwest corner of Lot (4) in Block (3); thence West (12) feet; thence in a Southwestei dibrection along the East line of Lot (3) in Block (3) (70) feet, more or less, to the Southeast corner of said Lot (3) in Block (3); thence East (12) feet.to the point of beginning; reserving imtosaid City of Fayetteville, Arkansas, its successors and assigns an easement or right-of-way on, over, under and a across the portion of said alley hereby vacated for the purpose of constructing, installing, laying and relaying, relocating and maintaining all public utilities now located or which may hereafter be located said vacated alley by said City or any corporation having a franchise or right-of-way from said City, without recourse by the owner, o:mers, or occupants, for damages incurred by the construction or main- tenance of said utilities,,and further that the owners agree that they will refrain from altering or changing the grade of the alley so vacated which would cause damage to utility lines located in the alle SECTION 2. A copy of the Ordinance, duly certified by the City Clerk, shall be filed in the office of the Recorder of the County, and recorded in the Deed Records of the County. SECTION 3. This Ordinance shall take effect and be in force from and after its passage, appr and publication. PASSED AND APPROVED THIS 11th day of November, 1963. APPROVED: s y� GUY E. fVOWN0 MAYOR ATTEST1 GEORGE IS, CITY CLERK Alderman Short moved that the tax levy for 1963 be 14 mills and allocated as follows: 1963 PROPERTY TAX LEVY ITEM MILLS General Government 5.0 General Obligation Bonds 4;0 Fire Protection 3:7 Police.Pension Furl ;5 Fire Pension Fund .5 Park Maintenance .3 Total 14 The motion was seconded by Alderman Thomas and passed unanimous. Alderman Wheeler moved thattthe City donate $750.00 to the Chamber of Commerce for Christmas Ligbtagon the streets, the same as last year. The motion was seconded by Alderman Thomas and passed unanimous. The Building Inspector presented a proposed LETTER OF AGREEMENT AND UNDERS^_ANDING FOR CHANGE OF NATURAL DRAINAGE.AREA AS RESULT OF STREET GRADING IN THE PROPOSED VALLEY VISTA SUBDIVISION. Betteen the City of Fayetteville, Arkansas, and J.E. Gabbard and Ida Gabbard, husband and wife, after a very long discussion, the Mayor referred this to the City Engineer, City Attorney and the Street Committee for a study and recommendation. Alderman Short intvoduced and'read a propeadd ordinance in its entirety for the first time, entitled, "AN ORDINANCE AMENDING ORDINANCE N0. 1165, PASSED AND APPROVED APRIL 182 1958, AS AMENDEDCBY ORDINANCE NO. 13239 PASSED AND APPROVED NOVEMBER 7, 1962, RELATING TO WATER AND SEWER. RATES AND OTHER SERVICE CHARGES OF THE CITY OF FAYETTEVILLE, ARKANDAS,;CH4NGING THE MONTHLY STANDBY FIRE PROTECTION SERVICE CHARGE; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES." Alderman Short moved that the rule be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Burgin and passed unanimously. The Ordinance was then read for the second time. Alderman Short moved that the rule be further suspended and 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 jor the third and last time. The Mayor then,delcared the mvdinance open for ebiscussion. There being no discussion, the Mayor asked the question,,"Shall the Ordinance Pass?" Upon roll call, the following vote was recorded: "AYE" Heflin, Christie, Watson, Wheeler, Thomas, Burgin and Short. "NAY" None. There being seven 11AYFS11 and no "NAY911, the Mayor declared the ordinance pass. Alderman Short then moved'that.the emergency clause be adopted.' ` The motion was seconded by Alderman Thomas and passed unanimous, whereupon the Mayor declared the emergency clause be adopted. ORDINANCE N0. 1376 "AN ORDINANCE AMENDING ORDINANCE NO. 1165; BA89ED AMD AfNWEB APRII. 18, 19582 AS AMENDED BY ORDINANCE N0. 1323, PASSED AND APPROVED NOVEMBER 7, 1962, RELATING TO WATER AND SEWER RATES AND OTHER SERVICE CHARGES OF THE CITY OF FAYETTEVILLE, ARKANSAS; CHANGING THE MONTHLY STANDBY FIRE PROTECTION SERVICE CHARGE; DECIA RING'AN EMERGENCY, AND FOR OTHER PURPOSES." WHEREAS, automatic sprinkler systems are regarded as water saving devices by the Arkansas In and Rating Bureausand are regularly inspected by the bureau to prevent attachments for water usuage than fire protection purposes; and WHEREAS, continued installation of automatic sprinkler systems tends to reduce the level of ins- urance rates and are beneficial to the overall fire protection of the City of Fayetteville, Arkansas, and, said 263 Ordinance WHEREAS, thdiinst:allation of automatic sprinklerspystems is in some instances financially pro- Cont.d hibitive due to the present monthly standby fire protection service charge, and WHEREAS, Ordinance No: 1165; passed and approved April 18, 1958, as amended by Ordinance No. 1323, passed and approved April 8, 1963) provide that rates and service charges may be reduced, if an inde- pendent certified public accountant will certify that the City has fulfilled -certain requirements found in Section 5 of Ordinance No. 1165 and Section 4 of Resolution No. 7-63, and, WHEREAS, the firm of Myers, Scarbrough and Baker, independent certified public accountants, have on the third day od September091963, certified that the city has fulfilled said requirements: NOW, THEREFORE, BE IT DRDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That Section 1 of Ordinance No. 1165, passed and approved April 18, 1958, Monthly Standby Fire Protection Service Charge (Schedule D) is hereby amended to read as follows, to -wit: "Monthly Standby Fire Protection Service Charge (Schedule D) Charges for unmetered service connections for standby fire protection shall be equal to fifty (50) per cent of the meter service charge applicable to the standby line size." SECTION 2. It is expressly provided that this Amendment to Ordinance. No. 1165 does not haive any effect on the monthly meter service charges, provided in the said Ordinance No. 1165. SECTION 3. That all ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. That because the passage of this ordinance is necessary for the preservation of the public health, peace., and safety, and emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS 11th day of November, 1963. APPROVF,D: JkL/,GU\ ATTEST: w, GUY E. BHOWN, MAYOR 2&�u GECRGEt7, WVTS, •CITY CLERK There being no further business, Alderman Wheeler moved to adjourn. The motion was seconded by Alderman Watson and passedgianimously, whereupon the Mayor declared the adjourned. APPROVED: ATTEST: GUY E. BR d, MAYOR Q&:;f. aisLq� GEORGE J41 D IS, CITY CLERK Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, November 25, 1963, at Session 7:30 p.m. in the Council Room of the City Administration Building. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert Jones, City Attorney Bass Trumbo, City Engineer W.C. Smith, Chief -of Police Hollis Spencer, Fire Chief Burl Skelton and Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short. Absent: None The minutes of the r egular meeting on Monday November 11, 1963 a copy of which had been previously to each of the Aldermen were approved as.written. The Building Inspector presented a resolution PC20-63 in which the Planning Commission recommended that e Council accept the petition of B.E. House,. Anthony Latrecchia and Kenneth Cates to rezone certain pro- perty located east of Highway # 71 North and immediately South of Fisher Buick Company, from R -1A to C-2. After a brief discussion, the City Attorney introduced and at the request of the Council read a proposed Ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1A SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THROUGHFARE C0102R.CIAL DISTRICT." Alderman Wheeler moved that the ordinance pass. The motion was seconded by Alderman Burgin and passed unanimously whereupon the Mayor declared the Ordinance pass. Ordinance ORDINANCE N0. 1377 o. 1377 AN ORDINANCE AM54DING Z014ING ORDINANCE N0, 1239 AND REVISED ZONING DISTRICT ASAP OF FAYETTEVILLE, ARK- ANSAS, APPROVED MAY 282 19622 TO REZONE CERTAIN REAL ESTATE FROM R -1A SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THROUGHFARE COMMERICAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on November 12, 1963, on the petition of B.F. House, Anthony Latrecchia, and Kenneth Cates, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that'the City Coigicil enact an ordinance rezoning all the following described property, which is not already zoned C-2 Throughfare Commerical District, to -wit: Part of the Northwest fractional Quarter of Section 3, Township 16 North, Range 30 West, described as: Beginning at a point 177.23 feet east of the Northwest corner of the East half of the Northwest fractional Quarter -of said Section 3, thence East 109.55 feet; thence South 321.1 feet, thence West 340 feet, more or less, totthe East line of U.S. Highway 71, thence North 11 degrees East with the East line of said highway to a point 222.1 feet South of the North Line of said Northwest frabtional Quarter, then, East 193.05 feet, thence North 0 degrees 25 minutes West 132.2 feet, thence East 18 feet, thence North 89.9 feet,to the point of beginning, containing 1.5 acres, more or less.