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HomeMy WebLinkAbout1979-03-20 Minutes12 BOARD OF DIRECTORS MEETING March 20, 1979 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, March 20, 1979, at 7:30 P.M., in the City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors John Todd, Ernest Lancaster, Paul Noland, Richard Osborne, and Phil Colwell, City Attorney Jim McCord, Administrative Assistant David McWethy, and City Clerk Angie Medlock. ABSENT: Director Ann Henry and City Manager Don Grimes. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. REZONING APPEAL / Bowen & Yurich / West of Giles Road 12.1 Attorney Marshall Carlisle was present representing Mr. A. E. Bowen and Martin Yurich on an appeal of a City Planning Commission decision regarding rezoning of an 11.1 acre parcel of property located south of Dorothy Jeanne Street and west of Giles Road. The Planning Commission had recommended denial of the rezoning by a 5-1-1 vote. 12.2 Mr. Carlisle presented a map showing the zoning of the area surrounding the intersection of Highway 16 West and Highway 71 Bypass. He explained that Bowen and Yurich had purchased this property several years ago from Mr. & Mrs. Thomas, who also own the property west of this parcel. He further explained that in 1972 Bowen and Yurich requested the property be rezoned from A-1 to C-2 to build a motel on the property, and the planning commission suggested that there should be additional frontage on Highway 16 and the petitioners withdrew the application. Mr. Carlisle said they went back to the Thomases and purchased an additional 250 foot north/south strip so there would be better access to the property and in 1973 came back before the Commission with a joint rezoning request, with the Thomases, to rezone both properties to C-2. He said at that time, the Planning Commission had recommended C-2 on the corner with an R-2 buffer zone on the north and west sides. Carlisle stated that the Board then passed an ordinance on May 1, 1973 rezoning said property to C-2 and R-2, but increased the size of the R-2 portion. Carlisle explained that after the rezoning, they had drawings prepared showing what they planned to do with the property and discovered that they did not have adequate C-2 zoned property and in 1974 a petition was again submitted to the Board asking them to rezone the Bowen-Yurich property as recommended earlier by the Planning Commission. Carlisle stated that at that time there were plans to build the overpass at the inter- section and the Giles addition residents were concerned about the increase in traffic, and subsequently, the Board denied the rezoning petition. Carlisle stated that the petitioners are now asking that the R-2 property north of the C-2 property be rezoned also to C-2, except for a 150 foot strip on the north side to be retained as R-2. 12.3 Mr. Carlisle read a letter from Warren Seagraves' office confirming that the currently zoned C-2 property is not adequate for a 120 room motel, swimming pool, and restaurant. Carlisle stated further, that this property cannot be developed until there is a satisfactory solution to the traffic problem. 12.4 Mr. Carlisle noted that the Highway Department had condemned 40% of the C-2 property when they constructed the overpass. Mr. Carlisle said the petitioners are "asking the City of Fayetteville to give them enough land to develop the commercial enterprise they have had in the mill for many years". He noted that the southeast 1 1 1 March 20, 1979 13 corner of the Bypass and Highway 16 is already developed with single-family homes and is zoned R-1, and the southwest corner is developed with apartments with a piece of commercial property fronting on Highway 16 which is undeveloped. Mr. Carlisle said the question is what is the best and proper use of the piece of property north of the current C-2 zoning and noted that C-2 is shown on the City's recommended land use plan and was recommended by Planning Consultant Larry Wood. Ile suggested that when a large scale development is submitted, the<City could.require The developers to come up with a traffic pattern which is satisfactory with everyone. Director Noland questioned if the property to the west is still owned by the Thomases and Carlisle said it is. Carlisle said several years ago the Thomases had indicated they would be willing to provide land for a street in order to develop the property. Q) Alice Ludwick, 107 Florene, stated that the traffic conditions are even o worse now than they were years ago due to the Maple Manor apartment complex CO on the south side of Highway 16 West and traffic coming from several different directions, including the 71 Bypass. Ludwick said the families in Giles Addition are in a "bottleneck" because Giles Road is the only access they have. She said Q she cannot see why this property couldn't be used for some type of commercial development which wouldn't generate a great deal of traffic. Also present in opposition were Don Hornsby3,104 Florene, Charles Smith, 104 Dorothy Jeanne, and Harold McCullah, 106 Florene. Mr. Hornsby questioned "why they have to build in a neighborhood's back door?" when there is undeveloped property for sale on the bypass, where there are no houses located within a quarter of a mile. Mr. McCullah suggested that if the rezoning is approved, that the building be something which would blend in with the area rather than a multi-level building. He also agreed that another access should be furnished. Mr. Carlisle also noted that several years ago when they applied for the rezoning there was concern that sewer was not available to the property, but now it is available. He stated that until the property is developed, nothing Will be done to provide another access. Alice Ludwick said she did not feel the property owners would be satisfied until they had definite commitments that something will be resolved on the traffic situation, and that another access would be provided. The City Attorney explained that the petitioners could submit a bill of assurance stating that there would be no access to Giles Road or to Dorothy Jeanne and Carlisle pointed out that they would need access to Dorothy Jeanne for the R-2 property on the north. Mayor Malone said he would prefer to keep the C-2 zoning lined up across the Thomas property also, to coincide with the C-2 on the Bowen-Yurich property, but he was not sure if he would agree with the amount of C-2 that they are request- ing. He suggested also, that they might give consideration to having a road planned to line up with the road in Maple Terrace Subdivision to the south. Administrative Assistant David McWethy noted that in 1974 it was discussed that a road would be built to line up with Marvin Avenue, a private drive going into Maple Manor apartments. Director Lancaster said he felt the Board should table action on this appeal to give the petitioners an opportunity to try to come up with some type of plan for access. The directors concurred with Director Lancaster. Mr. Carlisle commented that he felt he could bring in a proposal which would satisfy the City and the property owners in Giles Addition. Director Noland moved to table action on the rezoning appeal. Director Osborne seconded the motion. 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 March 20, 1979 14 14.1 Director Lancaster suggested that the petitioners work with the Thomases so they will be in a position to guarantee another access and also that they discuss their plans with the residents in the Giles Addition. 14.2 The recorded vote on the motion was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the motion passed. HEALTH INSURANCE 14.3 The second item for the Board's consideration was a resolution authorizing the City Manager to execute an agreement with Blue Cross/ Blue Shield of Arkansas for increased premiums for city employees' health insurance. 14.4 Sturman Mackey introduced Mr. Ben Kilpatrick, sales representative for Blue Cross/Blue Shield. Mackey stated that the overall increase to the City is $27,299 above what they are now contributing. He said if the City picks up the individual share as they have in the past, then the employees on the family plan would continue to pay for the dependent coverage. Malone noted that the City is presently paying $24.03 per employee and this would be increased to 32.68. Mackey noted that the total cost for the City would be $130,038 and there is $188,000 budgeted for the various insurance needs. The mayor asked if Mackey felt there is enough money budgeted to cover the increase and Mackey said he felt there is. 14.5 Mackey explained that the rating is based solely on the city's rating and is a prospective rating, where in the past it has been a retrospective rating. He said that there is a possibility the City could get a cash refund if the City has a good year. 14.6 Director Lancaster asked if they had solicited quotes from other insurance companies and Mr. Mackey explained that most insurance companies also require that the City carry life insurance through their company and the City has life insurance policies included in the retirement plan. 14.7 Director Todd questioned if they had considered raising the deductible from $50 to $100 and Mackey explained that this would save the City $4,540 based on the present number of contracts, or $1.44 per employee per month. He said the savings to the employees on the family plan would be $1.38 per month Todd questioned if they had looked at other variables and Mr. Kilpatrick explained that the increased deductible is really all Blue Cross/Blue Shield can offer. 14.8 Director Todd moved that the resolution be approved as submitted. Noland seconded the motion. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the resolution passed. RESOLUTION N0. 16-79 APPEARS ON PAGE 58 OF ORDINANCE AND RESOLUTION BOOK VII. APPOINTMENTS 14.9 Director Colwell moved Board Nominating Committee: Board of Adjustment, expiring April 1, 1982: Board of Housing & Construction Appeals, exp April 1, City Advertising & Promotion Commission, expiring April 1, the following nominations as recommended by the David Newbern iring 1984: Neal Albright 1983: Mike Wommack 1 1 March 20, 1979 Historic District Commission, expiring Apri expiring Apri expiring Apri expiring Apri expiring Apri Library Board of Trustees, expiring April 1 Municipal Parking Authority, expiring April NW Ark. Cultural Center Board of Trustees, expiring April expiring April expiring April expiring April Community Development Committee, expiring July Housing Assistance Plan Committee, expiring July expiring July Parks & Recreation Advisory Board, =- - expiring January Director Todd seconded the motion. The rec Ayes: Osborne, Malone, Colwell, Lancaster, Todd Nays: None. Absent: Henry. The mayor declared the motion passed. 1 1, 1980: 1 1, 1980: 1 1, 1981: 1 1, 1981: 1 1, 1982: , 1985: 1,1984: 1, 1982: 1, 1982: 1, 1982: 1, 1980: 1, 1981: 1, 1981: 1, 1981: 1, 1981: orded vote , Noland. Thelma Manske Pat O'Learing Keating Richard B. Atkinson Herbert A. Lewis, Jr. Ellen Shipley Robbin C. Anderson Dennis Oneal Jerome P. Niemiec Barbara Gray Ronald E. Bumpass D. Campbell Johnson R. L. Utley J. C. Conley Larry Bittle George Knight was: AIRPORT SECURITY / Agreement with Frontier The Mayor opened discussion on a resolution authorizing the Mayor and City Clerk to execute an agreement to the Armed Guard Security Agreement between the City and Frontier Airlines, which would increase the dollar amount paid by Frontier for armed guard security from $1,800 per month to $3,227.22 per month. Airport Manager Larry Palmer explained that the increase is due to the increase in wages paid to the security guards and this amount has not been updated for the past four years. Palmer said they are hoping to get one floating security guard to work both Frontier and Skyways, and are waiting for approval from the FAA. Director Lancaster, secondeu by Director Todd, moved the resolution be approved. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the resolution passed. RESOLUTION NO.17-79 APPEARS ON PAGE 61 OF ORDINANCE AND RESOLUTION BOOK VII. TERMINAL BUILDING / Contract Awarded The mayor acknowledged a memo from City Manager Don Grimes on funds to be used to construct the airport terminal. He explained that the Airport Committee had recommended reductions in the terminal building plans which would total $44,503.00. He said the City Manager had recommended they try to reduce the cost of construction by $25,000 for the city's part, and the city's part of the proposed reduction would only be $22,000.00. The mayor moved that the 20 items listed on the letter from Paul Young, as approved by the Airport Committee, be deleted from the contract for a total savings of $44,503, and that the City take from the capital improvement fund 15 15.1 15.2 15.3 15.4 15.5 15.6 March 20, 1979 16 16.1 $128,000, that the City sell additional revenue bonds necessary to make the project finance itself, and also that the City proposes to construct the public parking lots at 100% city cost with city crews. Malone said the revenue bonds would need to be approximately $115,000 and Boyd London, with First Southwest, had indicated that he felt the City could issue more bonds based upon the increased revenues. Director Noland seconded the mayor's motion. 16.2 Director Todd asked if there were any major items left in which could be discretionary and the mayor explained that there were a few, such as one large boiler rather than the two shown, deleting the tempered glass on the east side, using some type of linoleum rather than carpeting, and changing the type of roofing, but the Airport Committee had decided against recommending any of these deductions. 16.3 Director Todd questioned the balance of the capital improvement fund and City Controller Pat Tobin explained that in 1977 they borrowed from the capital improvement fund $54,000 for the 1977 airport project on lights and runway paving. He said FAA had also participated $306,000 on this project. Tobin explained that when the project was closed out, the assets went into the general fund. Tobin stated that at the time the Board authorized the spending of the $54,000 they did not specify what account it should come from and said the Board could now either leave the $54,000 in the capital improvement fund or put it back into the general fund. Director Todd noted that the 1977 audit report shows $126,000 assets and $92,000 liabilities and Tobin explained that the difference between the $92,000 and the $54,000 advanced to the airport project would be a discretionary balance which relates to the 1977 airport project. Tobin said that transferring the $92,801 to the general fund would have the effect of paying for the city's portion of the 1977 airport improvements with money from the general fund. Director Todd noted that the 1977 audit report lists net revenues from operations at Drake Field which have not been transferred as $176,280 and said he felt this is a rationale for using general fund money for these improvements. Mayor Malone agreed they should try to pay this out of user -type fees to allow those who use the airport to pay for it. Director Lancaster said he felt this was the concept the Board had worked on since the airport was constructed. Director Todd said he would also hope they could reduce the commitment out of the general fund if the revenue bonds are increased. 16.4 Director Lancaster moved that $92,000 be charged against the general, fund rather than the capital improvement fund. Colwell seconded the motion. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayorctclared the motion passed. 16.5 Mayor Malone then moved that the airport resolution authorizing the mayor and city clerk to execute the contract with Brennan -Boyd for construction of the terminal building be approved as presented, with the changes submitted by Paul Young and with the understanding the approval is subject to concurrence from the FAA. Noland seconded the motion. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the resolution passed. RESOLUTION NO 18-79 APPEARS ON PAGE 63 OF ORDINANCE AND RESOLUTION BOOK VII. March 20, 1979 17 SKYWAYS - Security Building Mayor Malone explained that the City has received a proposal from Skyways for Skyways to move into a modular -type building to be located north of the existing terminal building. He said they are proposing this to be done at Skyways' expense, including any additional surfacing and relocation of fences. Malone said it is the Airport Committee's recommendation that the Board approve the proposal with the understanding the entire cost of surfacing, etc. will be bid by the City and repaid by Skyways to the City over the remain- ing life of their contract. He stated that this would have to meet FAA require- ments. Director Todd was concerned about the possibility of needing to hire an additional security guard and Airport Manager Larry Palmer said they are waiting Q) for an inspector to come to the airport to approve the concept, and also that O it will be stipulated that if an additional security guard is needed, Skyways a) and Frontier will jointly absorb the cost. Todd noted that this would mean the users would be the ones paying for the additional security guard. Director Todd suggested that the City Manager approve the building to Q be used by Skyways. Q Director Malone, seconded by Noland, moved that the city manager be permitted to work out the proposal with Skyways with the understanding that the modular -type building would meet the approval of the city manager. The recorded vote on the motion was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the motion passed. 111 • AIRPORT PROPOSAL - Caudle Air Freight Mayor Malone explained that Caudle Air Freight has been operating out of the Skyways facility but Skyways needs this space and Caudle Air Freight is proposing to locate a building directly across from Skyways, on property leased by Skyways. He noted that Caudle would have to negotiate a sub -lease with Skyways for rent of the space and that the City could not recover any money on this. Airport Manager Larry Palmer commented that Skyways is in agreement with this proposal and the lease would be on a month-to-month basis, with the City having authority to terminate the lease at any time. Director Malone, seconded by Noland, moved the authorization to locate Caudle Air Freight in the Skyways area. The recorded vote was: Ayes: Osborne, Malone, -Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the motion passed. WAGE -RATE RESOLUTION The mayor opened discussion on a proposed resolution urgingthe Arkansas Congressional Delegation to support legislation to repeal the Davis -Bacon Act. There being no opposition, Director Noland, seconded by Colwell, moved the resolution be approved as presented. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the resolution passed. RESOLUTION 19-79 APPEARS ON PAGE 70 OF ORDINANCE AND RESOLUTION BOOK VII. 17.1 17.2 17.3 17.4 17.5 17.6 17.7 March 20, 1979 18 OTHER BUSINESS AGREEMENT WITH FRISCO RAILROAD 18.1 Administrative Assistant David McWethy explained that the City Manager had recommended authorization for a water line to go across the Frisco railroad tracks to serve one house at the end of Arbuckle Lane. He said EOA is paying the entire cost of extending the line and Frisco has waived the $100 annual fee. 18.2 Director Noland, seconded by Malone, moved the mayor and city clerk be authorized to enter into an agreement with Frisco to cross the railroad tracks and extend the water line at the expense of the EOA. The recorded vote on the motion was: Ayes: Osborne, Malone, Colwell, Todd, Noland. Nays: None. Absent at Roll Call: Lancaster. Absent: Henry. The resolution was declared passed. RESOLUTION 20-79 APPEARS ON PAGE 71 OF ORDINANCE AND RESOLUTION BOOK VII. HIGHWAY 62/71 HIGHWAY COMMISSION PROJECT 18.3 The City Attorney stated that the Highway Commission is going to hold a public hearing on improvements proposed for Highway 62 to Highway 71 Business, a distance of approximately 4.5 miles. Mr. McCord stated that the improvements will consist primarily of widening the roadway to five lanes along the existing alignment. Mr. McCord said the city manager strongly supports the proposal and has asked the board to adopt a resolution expressing their approval of the proposed plan. 18.4 Christopher Lih requested that they ask the Highway Commission to require that sidewalks be built in conjunction with the project and the board concurred thatthey would ask that pedestrian pathways be provided. 18.5 Director Lancaster moved that the resolution be approved, and that the city manager request that pedestrian pathways be constructed in conjunction with these improvements. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the resolution passed. RESOLUTION .21-79 APPEARS ON PAGE 73 OF ORDINANCE AND RESOLUTION BOOK VII. TRAFFIC ISLANDS - North College 18.6 Administrative Assistant David McWethy explained that in 1974 the City entered into an agreement with the Highway Department that the traffic islands on North College Avenue would be developed with plantings, rather than asphalt, provided the City agreed to maintain the islands, including replacement of trees and shrubs. McWethy said they had opened bids on these replacement plantings and most of the bidders were not able to bid the holly, which excluded them from the bidding because the City is required to replace the areas with what was planted there originally. McWethy said the recommendation is that the bid be awarded to Kelchner-Hohney Nursery of Springdale, for $3,138.87, low bidder, and that this amount be split approximately equally between Parks and Recreation and Buildings and Grounds. 18.7 Following a brief discussion, Mayor Malone moved that the bid be awarded to Kelchner-Hohney as recommended, with the direction to the city manager to work with the highway department to try to relocate some of the pinats to be sure they are located in the best possible place to avoid traffic hazards. March 20, 1979 The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the motion passed. 1 9.1 COMMENDATION - U of A Basketball Team Director Osborne moved the following resolution commending the University 19.2 of Arkansas basketball team be approved: WHEREAS, the Board of Directors of the City of Fayetteville, Arkansas, home of the University of Arkansas Razorbacks, feels that the Razorback basketball team has distinguished itself this season, and 0 4 WHEREAS, the Board of Directors has determined that an intensive CO program for improvement of college basketball officials should be 0 planned as soon as the Univerity of Arkansas Continuing Education facility is completed, and Q WHEREAS, the Board of Directors wishes to recognize and commend the Razorback team, coaches and staff for an outstanding season, NOW, THEREFORE, BE IT RESOLVED, that the citizens of Fayetteville, Arkansas, hereby commend the University of Arkansas Razorback basket- ball team for their achievements this season and express their gratitude to the Razorbacks for many moments of enjoyment provided by the Razorbacks great team spirit, self-discipline, and desire to be the best, which we hereby find them to be. Director Todd seconded the resolution. The recorded vote was: Ayes: Osborne, Malone, Colwell, Lancaster, Todd, Noland. Nays: None. Absent: Henry. The mayor declared the resolution passed. RESOLUTION 22-79 APPEARS ON PAGE 74 OF ORDINANCE AND RESOLUTION BOOK VII. FIRE & POLICE PENSION FUNDS Director Todd asked why there were differences in the interest rates on some investments in the firemen and police pension funds when they were made at approximately the same time and for approximately the same amount of money. City Controller Pat Tobin explained that one reason may be because the police pension fund sometimes combines their investment with another city investment for a combination Certificate of Deposit of over $100,000, so they can receive a higher interest rate. He noted that fire pension fund investments are not combined with any other funds, so their investments are smaller. In response to questions, Pat Tobin explained that John Lewis at First National Bank had indicated to him that they were not interested in funds, but has recently came back and asked that they once again be added to the bidding list. MINUTES Director Todd requested the following changes be made to the March 1, 1979 board meeting: on page 3.10 it should reflect they would look at the "taxicab ordinance"; on p. 5.3 it should read "Director Todd suggested carrying the 'east' 19.3 19.4 19.5 19.6 20 20.1 March 20, 1979 line straight north 'past' Lafayette, instead of going 'east up' to Mission"; and on page 9.1 it should read that the "Chevrolet Impala" is the only one which can have the police package added. Director Colwell stated that he had voted "nay" on paragraph 3.11 and the City Attorney requested the following amendment to paragraph 10.5 "when you combine these two the amount saved would approach or exceed the amount the City could save if it appealed to the Supreme Court". With these corrections, the minutes were approved as mailed. There being no further business, the meeting adjourned at 10:20 P.M. 1 1 1