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HomeMy WebLinkAbout1979-02-20 Minutes(V LO Q Q i MINUTES OF A BOARD OF DIRECTORS MEETING A regular meeting of Arkansas was held on Directors Room, City the Board of Directors of the City of Fayetteville, Tuesday, February 20, 1979 at 4:00 P.M., in the Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Richard Osborne, Paul Noland, Don Grimes, City Attorney Jim David McWethy, and City Clerk ABSENT: Director Ann Henry. OTHERS PRESENT: Members of the audience media. Ernest Lancaster, John Todd, Phil Colwell, and City Manager McCord, Administrative Assistant Angie Medlock. and representatives of the new ROLL CALL Following roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. 465 465.1 REZONE PROPERTY / South Gregg Street / Nancy Ault The Mayor opened discussion on a rezoning petition submitted by Nancy 465.2 Ault for property located on the west side of South Gregg Avenue, 900 feet south of Center Street, to rezone said property from I-1, Heavy Commercial and Light Industrial District to R-3, High Density Residential District. Nancy Ault stated that the trend of the property in that area is 465.3 toward high density residential and noted that property to the north of her property has already been rezoned to R-2. She further pointed out that there are existing apartment buildings in the area including two or three apartment complexes on University Avenue. She also pointed out that there is an existing shopping center which would serve R=3 development Ault said she had asked Planning Consultant Larry Wood to include this area in a study which 'he had conducted during the past summer and he had recommended to the Planning Commission that the area is going toward high density residential. She said the Planning Commission felt, however, it was the individual property owner's responsibility to petition for rezoning. Director Todd arrived at 4:05 P.M. 465.4 Nancy Ault, speaking in reference to petitions presented in opposition 465.5 to her rezoning stated that some of the persons signing the petition were not adjoining property owners, or were not shown as deed holders of property on Gregg Street. Mayor Malone asked Nancy Ault if she would like to address herself 465.6 to the question of traffic problems at the intersection. Ault said she would, and stated that some of the residents in :.the area park their cars on the street which reduces traffic to one lane. She said some of the residents have said they park their cars on the street to slow down traffic. Ault said she felt if people are truly opposed to creating a traffic hazard, they would park their cars in their driveways rather than on the street, especially since all the residents have facilities for off-street parking. Attorney Lynn Wade, representing property owners opposing the 465.7 rezoning to R-3 noted that paying the $25 filing fee to petition for rezoning has kept some residents from petitioning. He further stated that he felt if R-3 was granted for this property, the Board would be 466 466.1 466.2 466.3 466.4 466.5 466.6 466.7 2-20-79 looking at additional R-3 petitions in the future. He said the property owners' concerns are 1) the increased traffic flow and the fact that the street is very narrow and poorly lit; 2) the increase in population would overload the already inadequate sewer and water systems; 3) a high- density rental unit would counteract the sense of community that is there with the single-family neighborhood; and 4) an increase of traffic problems especially considering the "S" curve. Wade said the property owners feel the low density residential development and the green space in the area should be preserved. Lynn Wade stated that this area is a very old residential neighborhood and houses that would have been torn down several years ago are now being rehabilitated. He said they are asking for "preservation of the quiet neighborhood which the residents bought into and would like to live in". He noted that in Larry Wood's report he qualified his recommendation by stating that if the Planning Commission felt R-3 was premature due to the physical characteristics of the area, he would recommend they consider rezoning the property to "one of the other residential districts, R-1 or R-2" so as to avoid the I-1 development of the property. Wade questioned if the City is ready to make commitment on streets, water, sewer, and curb and gutter which are required, including modifica- tion of the "S" curve. He said he felt it would be very inappropriate to rezone this property to a higher density without the City spending money for these improvements. Nancy Ault expressed dissatisfaction with the petitions in opposition being given to the Directors and not to her. She stated that she felt those in opposition should have expressed their opinions at the Planning Commission meeting since that meeting was the public hearing. Ault stated that, at her request,"no parking"signs were put up on South Gregg because of the problem of people parking on the street. Nancy Ault further noted that if the lots on Gregg Street were rezoned to R-1, they would become non -conforming because of the require- ment that R-1 property have a minimum of 70 feet frontage. She said the lots on S. Gregg are only 50 feet wide. Ault said Larry Wood had recommended the area be rezoned to R-3 with the exception of Prairie Street for which he recommended R-0. She said after this recommendation, the Planning Commission decided they would not undertake the rezoning as a whole, but each individual property owner could submit a request for the rezoning of his property. She pointed out that at the Planning Commission, her rezoning request was approved 7-1, and asked the Board to approve the rezoning as recommended by the Planning Commission. Mayor Malone asked Nancy Ault how much frontage she has on the property and Ault replied that she has about 103 feet frontage on South Gregg. Director Todd asked if this property could be used for R-1 and Ault said she could build one single-family home. She stated, however, that if the property were not rezoned to R-3, she would leave it as I-1 and let it be developed as industrial. Ault said it would not be economically worth building a single-family home on this lot, particularly in this neighborhood. Director Osborne asked Nancy Ault if she would be willing to accept R-2 or R-1 zoning and Ault said no, she would only be interested in R-3. Mim Wynne said her mother owns property on South Gregg Street and stated that the area on South Gregg fills a need for the city. She noted that many people, other than those living on South Gregg, use the street for jogging, walking, etc. She said she feels it would be a big mistake 1 1 2-20-79 to destroy the green space in the City. Wynne further stated that she felt it would be very "negligent" of the Board to allow a high-density 111 structure to be built on this property. Anita Zisner, also present in opposition, said her main objection 467.2 is that the City seems more than willing to rezone property to higher density residential but are not taking care of the people who already livein•those areas. She said she is very concerned about the safety of the people living in the area. She further stated that she felt the City should make commitments to improve the street before approving any rezoning. Attorney Lynn Wade suggested that the Board might either rezone 467.3 the property to R-1 or wait about taking action until they have petitions submitted for rezoning from the other property owners. Someone in the N audience stated that about 65% of those owning property in the area either (Y) have R-2 or R-3 zoning or are in favor of the higher density zoning. J') Director Todd said he would vote against the R-3 zoning. He said 467.4 U he feels it is totally inappropriate in this situation, given the traffic Q problems and the character of the neighborhood. He said his preference would be to rezone the property to R-1. He said he is concerned about Q the property being developed as I-1 or R-3. Lynn Wade suggested that the property in question is probably of insufficient size to do very much with it as I-1 because of the amount of setbacks required. Director Noland stated that he feels the land should not remain idle. 467.5 He said he would like to see more housing made available for people who either attend the University or work at the University and said R-2 might be an alternative. Director Osborne agreed with Director Noland. Nancy Ault commented that she could get 16 units on the property 467.6 if it were rezoned to R-3 and someone in the audience stated that she could get 10 units were the property rezoned to R-2. Mayor Malone stated that he feels the Board should get the property 467.7 out of the industrial zoning and into a residential zone. He stated further, that he feels R-1 or R-2 would be more appropriate. He said they have previously zoned property to the north as R-2 and said they could use that as a buffer, or rezone this property and use it as the dividing line. Director Lancaster said he would prefer to deny this petition and look at the entire area as a whole when the other residents submit their rezoning petitions. Director Lancaster said he would vote against the rezoning as requested at this time. Anita Zisner sa'd that the Planning Commission doesn't 467.8 want to zone the Gregg Street area anything other than R-3. She said the feeling of the Planning Commission is they were upset with the Board of Directors for rezoning the previously submitted property to R-2 with- out sending it back to the Planning Commission for further consideration. Zisner said one reason they have not requested rezoning to R-1 is the residents got the feeling at the October 9, 1978 Planning Commission meeting that the Commission would not vote for R-1 zoning. Zisner commented further that the residents feel the Board of Directors are much more responsive to the property owners than the Planning Commission has been. Anita Zisner stated that the lower income people are being shoved out of the city because many of the lower income people cannot afford to live many places in the City and pointed out that the South Gregg Street area is one of the few places where she can afford to live and still be able to walk to the places where she needs to go. The City Attorney read the ordinance for the first time. 467 467.1 2-20-79 468 468.1 Nancy Ault commented that if the property were rezoned to R-1 all of the existing lots would become non -conforming and pointed out that there is already some property which is zoned higher denisty residential. She said she would accept R-2 zoning if the Board would vote for R-2. Lynn Wade said he would prefer for the previously R-2 zoned property to serve as the buffer zone. 468.2 Director Noland, seconded by Todd, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The motion was declared passed and the City Attorney read the ordinance for the second time. 468.3 Director Noland, seconded by Todd, moved the rules be suspended and the ordinance placedon third and final reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 468.4 Director Noland moved that the rezoning be amended to reflect R-2 rather than R-3 zoning. Richard Osborne seconded the motion. Director Todd questioned if the Board felt there would be any merit in waiting until the other rezoning petitions are brought in before taking action on this petition. He said he felt it would be better to have the zoning picture and recommendations of the Planning Commission for the entire area. Malone said the Board would be giving a clear indication to the Planning Commission that they would consider R-2 zoning for the property north of this property, if they rezone this property as requested. Todd noted that there are two houses in this specific area who do not want the R-2 zoning. 468.5 The vote on the amendment proposed by Director Noland was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. 468.6 Director Todd moved to table final action on the rezoning petition as amended, until they get rezoning requests from the other property owners on South Gregg Street. Director Lancaster seconded the motion. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster. Nays: Osborne and Colwell. Absent: Henry. The Mayor declared the motion passed. REZONE PROPERTY / R 79-11 / Tony Kelly 468.7 The City Attorney read an ordinance to rezone property as requested in rezoning petition R79-11 for a 3.33 acre parcel of property located at the southwest corner of East Fifteenth Street and Morningside Drive, submitted by Tony Kelly. Petitioner was asking that said property 468.8 be rezoned from R-2 to I-1, Heavy Commercial and Light Industrial District. Director Osborne stated that he is a friend of Mr. Kelly and has worked on this property and disqualified himself from voting on this petition. 1 1 2-20-79 469 Director Noland, seconded by Lancaster, moved the rules be suspended 469.1 and the ordinance placed on second reading. The recorded vote was: 111 Ayes: Todd, Noland, Malone, Colwell, Lancaster. Nays: None. Disqualified: Osborne. Absent: Henry. The mayor declared the motion passed and the City attorney read the ordinance for the second time. Director Todd questioned if the property owner was planning to submit a bill of assurance stating that the property would not be developed until sewer is available and Tony Kelly responded that they are making a commitment that the sewer line will be put in place before the development is done. Todd asked the city attorney to draw up this bill of assurance. N Director Todd, seconded by Noland, moved that the rules be further 469.2 CO suspended and the ordinance placed on third reading. The recorded vote was: U Ayes: Todd, Noland, Malone, Colwell, Lancaster. Q Nays: None. Disqualified: Osborne. Q Absent: Henry. The mayor declared the motion passed and the city attorney read the ordinance for the final time. There being no public opposition, the mayor asked if the ordinance 469.3 should pass. The recorded vote was: Ayes: Todd, Noland, Malone, Colwell, Lancaster. Nays: None. Disqualified: Osborne. Absent: Henry. The mayor declared the ordinance passed. ORDINANCE NO. 2502 APPEARS ON PAGE 33 OF ORDINANCE AND RESOLUTION BOOK VII. 1 REZONE PROPERTY / R79-12 / Ronald W. Curry The city attorney read an ordinance rezoning a 21.58 acre parcel 469.4 of property located at the southwest corner of Deane Solomon Road and Moore Lane from A-1, Agricultural District to C-2, Thoroughfare Commercial District and R-2, Medium Density Residential District. Ronald Curry was present to represent. Director Lancaster, seconded by Osborne, moved the rules be suspended 469.5 and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the city attorney read the ordi- nance for the second time. Director Noland moved the rules be further suspended and the ordinance 469.6 placed on third and final reading. Director Lancaster seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the ordinance was read for the third time. 2-20-79 470 470.1 Mr. Curry indicated that he would accept the recommendation of the planning consultant to rezone a portion of the property to R-2 and the remainder to C-2. There was no public opposition expressed. 470.2 Director Todd was concerned if the public services are there to serve this property --specifically the proposed interchange. He said without that interchange, he would hate to see a high -traffic type use develop in this location. He said sewer is some distance away and questioned developing the property before the City could get services to the property. Mayor Malone agreed with Todd's concerns. The city manager said Ken Riley, Northwest Arkansas Regional Planning Commission, had indicated to him that the Mt. Comfort interchange is included in the plans for the 71 Bypass. Malone said he understands that the state senator has also been told that the interchange would be built in that location. 470.3 Donald Williams, owner of Williams Ford Tractor, said he is planning to purchase the property if the rezoning is approved, but at the present time has no plans to do anything with the property other than use it as a parking lot. Malone asked Williams if he would wait about developing this property until the interchange is developed and Williams said he would not see any problem with this. Malone said he feels the inter- change will be built at that location. 470.4 Director Osborne, stating that Mr. Williams is a client of his, disqualified himself from voting on this issue. 470.5 Director Todd commented that he feels there is a reluctance on the part of the Planning Commission to require off-site improvements on large scale developments. 470.6 There being no further discussion the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Malone, Colwell, Lancaster. Nays: Todd. Disqualified: Osborne. Absent: Henry. The mayor declared the ordinance passed. ORDINANCE N0. 2503 APPEARS ON PAGE 34 OF ORDINANCE AND RESOLUTION BOOK VII. STREET RECOMMENDATION / NW Ark. Plaza 470.7 City Manager Don Grimes explained that there has been a request for a traffic light at the intersection of Highway 71 and Stearns Road with the understanding that the median to the north would be closed for left - turns into and out of the mall. He said, however, right turns into the mall would continue to be permitted. Mr. Grimes said the street committee is recommending that the Zion Road intersection be left alone at the present time, but they are proposing that a road (Johnson Road) be extended and possibly widened in the future to connect with a north/south road behind the mall property to connect with Stearns Road. He explained that as a part of the proposal, they are asking that these streets be placed on the Urban System so that if funds become available, these streets would be eligible for urban system funding. He said they would like to work toward a connection between Zion Road and Stearns Road on the east side of Highway 71 and pointed out that two segments of a road which might possibly be used for this extension are completed. 1 1 1 2-20-79 471 Mr. Grimes said there was a proposal submitted to the Planning Commission 471.1 which suggested the extension of the road behind the mall to tie into the frontage road to the south which at some point in time will be constructed along the bypass. He said they would be looking to the mall for contributions for extending the road behind the mall. Mr. Grimes said the Board street committee recommends the approval of the entire concept with the addition of a frontage road from its present terminal point southward around the curve to tie into what is to be constructed by the Highway Department when the Johnson Road interchange is built. Mr. Grimes said they are asking for permission to place this project on the Urban System so they can request urban system funds to complete the project. Jerry Fowler, representing General Growth Corporation, stated that_the 471.2 traffic count on Highway 71 at the Mall area is 34,000 cars per day. He said N General Growth supports the recommended plan of the street committee with 0) two alternative suggestions: 1) a stop light at Johnson Road in addition to in the one at Stearns Road; and 2) that they consider the feasibility of a mini- ° diamond exchange. He said with those two modifications, General Growth would Q approve of the plan submitted. Tom Morgan, manager of J. C. Penney, agreed with Jerry Fowler. He expressed 471.3 Q appreciation for the increase in priority which has been given to the traffic situation at the mall. Morgan said he felt the traffic light at Johnson Road is needed to provide a time lapse. Mayor David Malone asked Duane Nelson if he feels the road running north/ 471.4 south behind the Ramada Inn property is still needed and Nelson said he feels it is. Mrs. Bob Stout stated that the road extension is shown going through her property and she was not aware of the road extension plans until she read about it in the newspaper. City Manager Grimes explained that the exact location of the proposed street is not definite and also noted that another possibility would be extending the road south from the Doctor's Clinic. Director Lancaster expressed concern about the City of Fayetteville 471.5 spending money to develop a road which goes to Johnson and Springdale. Director:Noland agreed with Mr. Fowler that if an interchange is 471.6 economically feasible, it would be superior to building streets to the west and to the north. He said he would like to see the cost feasibility on an interchange. Director Osborne agreed with Director Noland. City Manager Grimes pointed out that the Highway Department had rejected this idea earlier because they felt it would cost too much. He was also concerned that they could not justify the additional traffic light. Jerry Fowler read three of the criteria of the highway department which warrant a traffic light, which he feels the mall area meets: 1) minimum vehicular volume of 500 vehicles per hour in one direction and 100 vehicles per hour from a minor street approach (Zion Road); 2) interruption of continuous traffic flow; and 3) accident experience. He pointed out there is also a fourth provision to regulate group speed and slow down the traffic. He noted that the above mentioned criteria are what the highway department looks at when they are checking to see if an area qualifies for funding. Director Noland moved to approve the concept as exhibited with the 471.7 provision that the City Manager pursue the idea of some type of interchange at Zion Road which would enable traffic to be expedited and pursue with the highway department the idea of installing a traffic signal at Johnson Road, based on some of the criteria mentioned by Mr. Fowler. Director Todd seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. 2-20-79 472 STREET RECOMMENDATION / Ozark Avenue 472.1 The Mayor opened discussion on a recommendation from the Board street committee that the City agree to a proposal of the University of Arkansas traffic and parking committee to transfer ownership of Ozark Avenue (between Dickson and Fairview Streets) and Fairview Street (from Ozark Avenue to a point one-half block east) to the University to "facilitate the parking and traffic control" in the area. 472.2 Harold Hantz noted that the City police department has been very competent in keeping the street cleared and asked for what purpose the University needs ownership of Fairview for that block. 472.3 Dr. Fred Vorsanger said the campus facilities group is considering closing Ozark Avenue to the Mcllroy property, and turning it into either a park-like setting or an additional recreational area. He said the other alternative would be to leave Ozark Avenue open as a one-way street running south. He said the University is concerned about the policing of Ozark Avenue. Mayor Malone questioned what exact area they are proposing to close and Vorsanger said they would like to close Ozark Avenue from Dickson Street to Buchanan. He said the University owns property on both sides of the street with the exception of one piece of property at Buchanan and Fairview owned by Mrs. Thomas. Malone said he did not feel they could close the street without Mrs. Thomas' agreement. Malone pointed out tnat the Department of Public Safety has authority to police only on property owned by the University. He said the City could consider closing the street for street purposes and still allow it to be used for recreational activities and pedestrian pathways. 472.4 Mayor Malone suggested the City might propose to the legislature that the Department of Public Safety could have jurisdiction over property not owned by the City if the local governing body gives them jurisdiction. Mr. Hantz was concerned that if you close Ozark Avenue you would only be shuffling the traffic to Buchanan Street. Director Todd agreed with this concern. 472.5 Robert Alguire agreed that the closing of Ozark or making it a one-way street would add traffic to Buchanan and said he felt the effort would have to be coordinated between the University and the City. He said Buchanan could not be closed because the University has several parking lot entrances on Buchanan. 472.6 The concensus of the Board was to request the City Manager to try to get some type of legislation initiated so the Department of Public Safety and City could both patrol the same areas (as long as the City maintains jurisdictional control to designate which areas could be jointly patroled). 472.7 Director Osborne moved to approve the concept of closing Ozark Avenue if the University committee comes back and shows the Board that there is a feasible traffic flow along other routes. Director Colwell seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. 472.8 Director Todd made a motion to allow concurrent jurisdiction in the University area, with City control, if the Department of Public Safety can get approval from the legislature. Osborne seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. 1 1 1 1 2-20-79 STREET RECOMMENDATION / Transit System Fred Vorsanger was present to discuss a recommendation from the Board street committee that the City agree to a request by the University traffic and parking committee to operate a bus transit system from the campus, in a loop that would run north on Garland, east on Melmar Drive and south to Maple. Fred Vorsanger stated that the traffic committee is working on alternative solutions to the traffic problem at the University. He said they have tried a transit system internally on the campus and it has become very popular --they have transported as many as 2400 students per hour. Vorsanger said they would like to, as soon as they are able to purchase additional equipment, add an off - campus bus route. Vorsanger said the transit system would be limited to faculty members, staff, and students of the University. He said the attorneys for the University are exploring the possibility of whether it would be legal for the University to operate their own transit system on city streets and state highways, in addition to university property. He said they would probably come back to the Board of Directors for definite approval of this concept when they have additional equipment and are ready to proceed with the plans of off -campus routes. Robert Alguire, representing the traffic committee of the University, said they would also be looking to have two additional off -campus routes at some time in the future. He said they have estimated with the three proposed loops, they panaccess 6500-7000 students and this will greatly help to alleviate the traffic and parking situation at the University. Mayor Malone moved to ask the City attorney to determine whether a license or franchise would be required for the bus system and if so, to authorize one for the University. Director Noland seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The motion was declared passed. STREET RECOMMENDATION / Maple Street Next was a recommendation from the board street committee that Maple Street, between Gregg and GarTand, be designated as a collector street and be added to the Urban Systems map. City Manager Don Grimes stated that there are no plans for construction work to be done on this segment of Maple, with the exception of trying to straighten out the curve at Maple and Vandeventer. Mr. Grimes said the only thing that may at some point be done is the installation of a new traffic light at Maple and Arkansas Avenue. Tom McKinney was concerned that Maple Street could be widened without the property owners being aware this was planned. Mr. Grimes said he did not feel this would happen. Director Colwell, seconded by Lancaster, moved that Maple Street from Gregg to Garland be designated as a collector street. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. RESOLUTION N0. 12-79 APPEARS ON PAGE 45 OF ORDINANCE AND RESOLUTION BOOK VII. 473 473.1 473.2 473.3 473.4 473.5 473.6 473.7 2-20-79 474 SEWER. RECOMMENDATION / Pollution Control Plant 474.1 Mr. Williams, representing McGoodwin, Williams and Yates, was present to explain a recommendation regarding improvements to Fayetteville's Pollution Control Plant. He said the City had requested his engineering firm to make a recommendation on upgrading of the pollution control system. Mr. Williams said they have determined that the City needs to increase the oxygenation of the sewage effluent going into the river. He said this could only be done by adding oxygen to the stream. Williams said they are studying the economics of three alternative ways of adding the oxygen to the water. He said the second thing they would like to do is change the mode of operation at the plant. Williams explained further that if they were to increase the sludge density, the Pollution Control plant would have a more stable operation. Williams explained that in order to operate at the higher range the recircu- lation ratio through the plant must be increased. Williams said they propose to build a 3 foot square concrete conduit connecting the basins to eliminate the head loss, and explained that at the present time there are 24 -inch lines with about one foot head loss. 474.2 Mr. Williams stated that they have received a price from Bennett Construction Company on what they would charge if this was done on a force account basis, and they bid $16,949.00. Williams said they had also contacted Burge Construction Company who declined to bid or look at the project. 474.3 Director Noland said it is the water/sewer committee's recommendation to proceed with this project. Noland said they had asked McGoodwin, Williams, and Yates about other contractors who would be qualified to do the needed work and Mr. Williams had explained that there are not many contractors who could do the work, thus the water/sewer committee recommends the contract be awarded to Bennett Construction Company with the understanding the contract price will not exceed $16,949. 474.4 Director Todd moved the contract be authorized with Bennett Construction Company. Director Noland seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. 474.5 The City Attorney then read an ordinance waiving competitive bidding on these improvements. 474.6 Director Noland, seconded by Lancaster, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. 474.7 The mayor declared the motion passed and the ordinance was read the second time. Director Todd, seconded by Noland, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the ordinance was read the final time. The mayor then asked if the ordinance should pass and the recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. ORDINANCE NO. 2508 APPEARS ON PAGE 40 OF ORDINANCE AND RESOLUTION BOOK VII. RESOLUTION NO 13-79 APPEARS ON PAGE Flo OF ORDINANCE AND RESOLUTION BOOK VII. 1 1 1 2-20-79 NON -CONFORMING LOTS The city attorney read an ordinance amending the zoning regulations of 475.1 the City of Fayetteville to allow adjoining non -conforming lots each contain- s ing principal structures to be sold separately. He explained that under the 11 existing regulations if two lots side by side are non -conforming and there are existing buildings on those lots, and were when the ordinance was adopted, those lots could not be sold separately if they are under one ownership. McCord said this apparently was not the intent of the Planning Commission when the ordinance was adopted. He said the intent was that if there was an existing non -conforming lot with a principal structure it should be allowed to be sold. He explained further that if there was a vacant lot, it could not be sold to create two non -conforming lots. Mayor Malone, seconded by Director Osborne, moved the rules be suspended 475.2 N and the ordinance placed on second reading. The recorded vote was: 01 Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. In Absent: Henry. 0 The mayor declared the motion passed and the city attorney read the 475.3 a ordinance for the second time. Q Director Todd, seconded by Lancaster, moved the rules be further suspended 475.4 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no discussion, the Mayor asked if the ordinance should 475.5 IIIpass. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. Mayor Malone declared the ordinance approved. 475.6 ORDINANCE NO. 2505 APPEARS ON PAGE 37 OF ORDINANCE AND RESOLUTION BOOK VII. 475 NOTIFICATION REQUIRED / Adjoining Property Owners The City Attorney read an ordinance amending the zoning regulations to 475.7 require that subdividers give notice to adjoining property owners before submitting a preliminary plat to the Planning Commission for approval. Director Todd, seconded by Noland, moved the rules be suspended and the 475.8 ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the ordinance was read the second time. Director Todd, seconded by Lancaster, moved the rules be further suspended 475.9 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the ordinance was read the third and final time. Mayor Malone asked if the ordinance should pass. The recorded vote was: 475.10 2-20-79 476 Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the ordinance passed. ORDINANCE NO. 2506 APPEARS ON PAGE 38 OF ORDINANCE AND RESOLUTION BOOK VII. AWARD OF BID / Playground Equipment The City Attorney read an ordinance waiving competitive bidding require- ments for the purchase of special playground equipment for Butterfield Park. Purchasing Officer Sturman Mackey explained that Butterfield PTA had raised $4,000 and the Parks Board recommended $2,700 be appropriated by the City either from the GO Bond Fund or the 1978 Revenue Sharing Fund. He said there is $6,000 in the revenue sharing fund. Mackey explained that there would not be a contract for labor, most assembly of the equipment would be done by voluntary labor. Director Todd questioned if the school board had wanted this specific equipment and Mackey said it was recommended by the PTA. Todd questioned if the playground would be open to the public and Mackey said it would be. Director Todd suggested they take the money out of the GO Bond Fund, since there was an implied commitment that some of the bond fund money would be used for park equipment. Director Noland, seconded by Director Todd, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the ordinance was read for the second time. Director Todd, seconded by Noland, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared that the motion had passed and the ordinance was read for the final time. There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the ordinance passed. ORDINANCE N0. 2507 APPEARS ON PAGE 39 OF ORDINANCE AND RESOLUTION BOOK VII. Director Todd then moved that $2,700 be taken from the GO Bond Fund to help purchase the playground equipment. Director Lancaster seconded the motion. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion PAVING AT DRAKE FIELD / Waiving Competitive Bidding City Manager Don Grimes explained that the taxiway which extends from the Skyways Hangar northward past Tyson's hangar has started to come apart due to the inclement weather. He said he felt it was critical to do construction repair work to this section as soon as possible to avoid any problems on the 1 1 1 1 2-20-79 477 taxiway. Mr. Grimes said they had received a quote of $12,475.00 for this 477.1 work from a concrete contractor with whom the City presently has a contract. He said specifications for the work have been prepared by an engineer and explained that they would have to use concrete because of the time of year and the condition of the soil. The City Attorney read an ordinance waiving competitive bidding require- 477.2 ments for this repair work. Director Malone, seconded by Noland, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed and the ordinance was read the second time. Mayor Malone, seconded by Director Todd, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: 477.3 Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None,. Absent: Henry. The mayor declared the motion passed and the City Attorney read the ordinance for the final time. There being no discussion, the mayor asked if the ordinance should pass. 477.4 The recorded vote was; Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the ordinance passed. ORDINANCE NO. 2504 APPEARS ON PAGE 36 OF ORDINANCE AND RESOLUTION BOOK VII. AWARD OF BID / Demolition Project Purchasing Officer Sturman Mackey said they had received only one bid, for $4,000, for demolition of two structures, one located on Meadow Street and one located on Center Street. He said they had notified all previous bidders on the readvertisement and this was the only bid received. He recommended the bid be awarded to Gooding Bros. Mayor Malone questioned if this bid was in line with the bids received the first time the City advertised for bids and Mackey responded that the previous low bid was $3,650. Director Noland, seconded by Lancaster, moved the bid be awarded to the only bidder, Gooding Bros. The recorded vote was: Ayes: Tadd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. 477.5 477.6 AWARD OF BID / Wilson Park Improvements Purchasing Officer Mackey recommended award of the bid for improvements 477.7 to Wilson Park to low bidder, Tomlinson Asphalt, for $11,707.25. Director Lancaster, seconded by Director Todd, moved the bid to awarded 477.8 to Tomlinson Asphalt. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. 2-20-79 478 AWARD OF BID / Striping Machine 478.1 Purchasing Officer Mackey explained that bids were received for a street striping machine and there was only one bidder, who proposed to pay for the machine by doing street striping for the City of Fayetteville. Mackey explained further that this agreement would be under contract and a performance bond would be posted to assure compliance. He recommended award of the bid to Arkansas Culvert and Supply Company of Little Rock. 478.2 Director Todd, seconded by Noland, moved the bid be awarded to Arkansas Culvert and Supply Company. The recorded vote on the motion was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. OTHER BUSINESS Water line oversizing / West Fork 478.3 City Manager Grimes said the water/sewer committee is recommending that the City pay $40,844.62 as Fayetteville's share of the cost of oversizing from a 10 inch to a 12 inch line and using ductile iron pipe. Mr. Grimes stated that West Fork has secured a commitment for the remaining funds needed. Director Lancaster pointed out that this project has to be completed by the end of June, 1979. 478.5 Director Noland, seconded by Director Lancaster, moved to authorize payment of the cost of oversizing the line and usino ductile iron pipe for Fayetteville's share of contribution to West Fork's water line. The vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. Contract Authorization / HUD 478.6 City Manager Grimes explained that the Board at the previous meeting had not authorized the mayor and city clerk to authorize an application with HUD and explained that this does need to be done to apply for CD funds. Director Todd, seconded by Lancaster, moved the authorization be 478.7 granted. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell. Nays: None. Absent: Henry. The mayor declared the motion passed. RESOLUTION NO q_10 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK VII. United Community Services 478.8 The Board discussed appointment of a board member to the United Community Services Board. Director Lancaster, seconded by Colwell, moved that Director Henry be appointed to the United Community Services Board. The recorded vote on the motion was: Ayes: Todd, Noland, Osborne, Malone, Lancaster. Nays: Colwell. Absent: Henry. The mayor declared the motion passed. Walker Park 478.9 Administrative Assistant David McWethy noted that the Board had appointed Skip Holland to work with Bryan Walker on the ownership conflict concerning Walker Park. McWehty stated that Mr. Holland has moved out of Fayetteville 1 1 2-20-79 479 and the Board would need to appoint someone to replace him. Director Todd, seconded by Malone, moved that David McWethy be appointed to take Mr. Holland's place in the negotiations. The recorded vote was: Ayes: Todd, Noland, Osborne, Malone, Colwell, Lancaster. Nays: None. Absent: Henry. The mayor declared the motion passed. PUBLIC FACILITIES BOARD Director Todd commented that he is impressed with the progress of the Public Facilities Board. He said he had noticed that Springdale has limited to 25% the funds which could be used for multi -family dwellings and said this ;iad appealed to him. He said he would hate to see all Fayetteville's money used for apartment buildings. Malone noted that it may be that Fayetteville needs more multi -family than single-family units. The City Attorney noted that .the housing board has discussed this issue at some length and commented that under the guidelines money would be available for up to four units as long as one unit was owner -occupied. He said the recommendation of the underwriters was that the structure of the bond be left as flexible as possible and this is why they did not set a definite percentage for multi- family housing. MINUTES The minutes of the January 30, 1979 meeting were approved as mailed. The City Attorney asked that the following correction be made to the February 20 1979 meeting --paragraph 463.3 be amended to reflect that "City Manager Grimes asked that they postpone execution of the contract until the General Assembly considers a bill which would exempt locally funded municipal projects from the state prevailing wage law" and Mayor Malone said if "the bill is passed" before February 14, he would call a special meeting. With this correction the minutes of the February 2, 1979 meeting were approved as mailed. 479.1 479.2 479.3 479.4 479.5 The meeting adjourned at 7:30 P.M. 479.6