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HomeMy WebLinkAbout1979-08-31 Minutes1 133 MINUTES OF A BOARD OF DIRECTORS MEETING The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, August 31, 1979, at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. DIRECTORS PRESENT: Mayor Malone, Directors Noland, Osborne, Colwell, Henry, Lancaster, and Todd. DIRECTORS ABSENT: OTHERS PRESENT: None. City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock, Administrative Assistant David McWethy; members of the audience and representatives of the news media. CALL TO ORDER Following a moment of respectful silence and roll call, the mayor called 133.1 for consideration of the first item of business. EMS REQUEST Mr. Jack Burge was present to report to the Board on the status of the EMS service and to present a request for funding. Mr. Burge stated that the ambulance had been operated by the funeral home, the fire department, a private group (who could not make a profit), and then again by the city fire department. He said the city council at that time still did not want the City to operate the ambulance service so they imposed upon the Washington Regional Medical Board to take the service. He said Washington General Emergency Medical Service was formed as a corporation at that time and it was agreed that if the hospital ran into trouble funding the ambulance, the City and County would help defray expenses. Burge stated however, that when requests were made for reimbursement, the County contended that they did not have the money and the City indicated they would rather cut back on service. He said the hospital has continued to operate the ser- vice and now there is a substantial deficit. Mr. Burge noted that the hospital has spent approximately $400,000 during the last few years out of their own operating revenue to keep the ambu- lance service in operation. They are now asking for help from the City and County to defray current expenses and intend to try to raise money to help purchase ambulances and other equipment to maintain a No. 1 advanced rating. Burge said it has been suggested possibly an 80-20% division between the City and County for the equipment cost and the increased millage on property taxes, if approved, would furnish an operating budget. Mr. Burge explained that the reason they don't know exactly how much money is actually needed is that they don't know yet about the medicare reim- bursement. He said they have received a letter concerning this but have not yet had time to study it. Mayor Mdlone said the Task Force had determined the following things are needed by the ambulance service 1) equipment - three ambulances if possible, at least two new ambulances at this time; 2) a facility to house the ambulances; and 3) operating funds. He said at the last meeting the Task Force had dis- cussed the hospital constructing the facility to house the ambulances when other capital improvements are made to the hospital. 133.2 133.3 133.4 133.5 133.6 133.7 134 8-21-79 134.1 Mayor Malone said the new facility to house the ambulances would cost approximately $200,000. He said as things are now, the ambulance service is losing approximately $10,000 per month. The hospital has agreed to con- tinue operating the ambulance service until October 1, stated Malone, however the Task Force has asked the hospital to continue operating the service until January 1, 1980. He said it was proposed that in 1980 the County would be asked to levy an assessment on personal property, but if approved this would not be collected until October 1, 1980, which would present cash flow problems for the operation. 134.2 Mayor Malone said they are hoping to use the assessment revenue for operating funds. He said the hospital plans to buy two ambulances at this time and it is proposed that the hospital try to raise at least $35,000 which would leave $75,000 needed. Malone said the Task Force is asking the City to pay 80% of the remaining $75,000 which would be $60,000 and are asking the County to pay the remaining 20% for equipment. 134.3 The mayor explained three ways in which they could divide up the request for funds --1) by population, which would probably be about 50% City, 50% County; 2) by the assessed value of property, approximately 80% City, 20% County; or 3) by ambulance runs. He said figures indicated 70% of the runs were within five miles of the hospital. 134.4 The mayor stated that he felt the City should try to contribute 80% ($60,000) as requested. He pointed out that the Board had previously said they would participate in funding if other towns in the county also participated. He said the other towns would be participating through the tax assessment, if levied, but Fayetteville citizens will also be paying a part of that assessment. Jack Burge also explained that the Task Force is hoping the fund drive will bring in $100,000 to help reimburse the hospital for their deficit. 134.5 In response to Director Lancaster, Jack Burge said the present ambulances have 55,000-768,000 miles each on them. He said since the ambulances have been exposed to the weather during the entire time the hospital has had them, it is really more like they have 100,000 miles on them. Mr. Burge said the ambulances the hospital is proposing to buy are the modular type ambulance which sits on a chassis. He said the ambulance body should be good for several years. 134.6 Director Lancaster asked if the $3.50 per day per patient charge which is used to supplement the ambulance service would be dropped and Burge said it would not be. He explained that the hospital would use this money to re- tire the hospital's own indebtedness, rather than support the ambulance ser- vice. 134.7 Director Lancaster questioned the bad debts ratio for the ambulance and someone in the audience said it is about 20-25%. 134.8 Director Todd said he felt the medicare reimbursement is an important factor. A gentleman in the audience stated that 41% of the patients are on medicare. 134.9 In response to Director Noland, Jack Burge said the minimum charge for the ambulance service is $15.00 per call plus $1.00 per mile, with the average cost approximately $51-$53 per trip. He said if the ambulance service becomes a separate entity, they could raise the rates substantially. He said they have made a complete survey of the area and the minimum charge in most other cities is higher --in Tulsa, it is $80 per call plus $1.00 per mile. Mayor Malone stated that the Task Force has indicated they would like the charge per call to be raised as much as possible to be in line with the actual cost of service. 1 1 1- 8-17-79 ' 8-17-79 IIIA gentleman in the audience, working as a volunteer paramedic, rebutted comments made by one of the directors. He said the ambulance does not leave the hospital unless it is on official business and the driver must log in every time the ambulance leaves the hospital. He said also that the ambulance attendants work in the hospital much of the time when they are not on a run, so they are not just waiting around for a call. Jack Burge commented that the proposed garage is supposed to be built to handle a maximum of five ambulances and will have provisions for unloading and loading the patients under a cover, rather than out in the weatheff. He noted that in the past there has also been a problem in that the ambulance equipment and drugs would have to be unloaded and reloaded when there is a run, but if CD the ambulance is in a garage, this would not be necessary. Following considerable discussion, Director Henry moved to take $60,000 0 from the Revenue Sharing Account to be spent for an ambulance and/or ambulance CO equipment. Mayor Malone seconded Henry'sclmotion. The recorded vote was: 0 Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Cr Nays: None. The mayor declared the motion passed. 1 135 135.1 135.2 135.3 REZONE PROPERTY / Hwy. 16 East / Joe Kelly The mayor opened discussion on further consideration of an ordinance 135.4 rezoning property as requested by Joe Kelly, for a 1.51 acre parcel on the south side of Highway 16 East, 1320 feet west of Morningside Drive from R-2, Medium Density Residential to I-2, General Industrial District. The mayor noted that the Planning Commission had recommended at their July 23, 1979 meeting that the property .be rezoned to I-1. The Board had then considered this recommendation, but the petitioner requested the Board rezone to I-2, rather than I-1, so that the proposed purchaser, a propane gas dealer, could buy the property and have above -ground storage tanks. The Board of Directors referred this back to the Planning Commission and the Planning Commission had at the request of Mrs. Joe Kelly, recommended the property be rezoned as I-1. This recommendation was. now before the Board. Director Todd asked if it would be required that this property hook on 135.5 to sewer. Mr. Grimes said if the development came in as a large scale develop- ment, he felt the City would require that it be connected to sewer. When asked if he felt 300 feet would be an unreasonable length to run the sewer, Grimes said he did not feel it was an excessive length for an industry to be required to connect to sewer. The city attorney read an ordinance rezoning the property to I-1, Light 135.6 Industrial District. Director Osborne, seconded by Director Noland, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Noland, seconded by Osborne, moved the rules be further suspended 135.7 and the ordinance placed on third and final reading. The recorded vote on this motion was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 8-21-79 136.1 136 Director Colwell asked if the property owners are willing to settle for I-1 zoning and Mrs. Joe Kelly said she "did not want the I-2 zoning" even though her husband had requested it. She said the I-2 zoning "is not okay" with her and I-1 is the zoning she wants for the property. 136.2 The mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2550 APPEARS ON PAGE 139 OF ORDINANCE AND RESOLUTION BOOK VII REZONE PROPERTY / Hwy. 16 West & Beechwood / Gold Kist, Inc. 136.3 Considered previously, Gold Kist, Inc., had requested rezoning of a 38.79 acre parcel of property located northeast of the intersection of Highway 16 West and Beechwood Avenue from I-1, Heavy Commercial and Light Industrial District to 1-2, General Industrial District. 136.4 The city attorney explained that the property owner, Gold Kist, Inc., has indicated they are willing to submit a Bill of Assurance that a 400 foot strip on the south will remain I-1 to serve as a buffer zone, and that no feed mill will be built on the property. This Bill of Assurance will run with the land. He said the wording for the Bill of Assurance was recommended by the Planning Commission. 136.5 The city attorney read the ordinance for the first time. Director Noland, seconded by Lancaster, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 136.6 Director Colwell, seconded by Todd, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote on this motion was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorey read the ordinance for the third and final time. 136.7 There being no public opposition, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2551 APPEARS ON PAGE 140 OF ORDINANCE AND RESOLUTION BOOK VII. REZONE PROPERTY / Giles Addition / Lushbaugh-Cole 136.8 The city attorney read an ordinance rezoning approximately 45 acres of property located north of that portion of Sycamore Street in the Giles Addition and west of Highway 71, submitted by Dr. and Mrs. Harmon Lushbaugh and Dr. and Mrs. George R. Cole, and Mrs. Kay Lushbaugh Howell from A-1 to R-2, Medium Density Residential District. 136.9 The city attorney read the ordinance rezoning the property, for the first time. 1 1 1 8-21-79 137 Director Henry, seconded by Noland, moved the rules be suspended and 137.1 the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Todd, seconded by Henry, moved the rules be further suspended 137.2 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third time. Director Todd said he felt if there is a high density development on this 137.3 O property, there could be a traffic congestion problem. 00 The mayor asked if the ordinance should pass. The recorded vote was: 137.4 ® Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2552 APPEARS ON PAGE 143 OF ORDINANCE AND RESOLUTION BOOK VII. 1 REZONE PROPERTY / Hwy. 16 East / Loy Frederick The mayor explained that the property owner had originally requested his 137.5 property be rezoned from A-1 to C-1, in order to build a buffet -type restaurant. The Planning Commission had recommended this property be rezoned to R-0, a restaurant would be a conditional use in the R-0 zone. The city attorney read for the first time, an ordinance rezoning a 1.44 137.6 acre piece of property on the north side of Highway 16 East, from A-1, Agricultural District, to R-0, Residential Office District. Director Noland, seconded by Henry, moved the rules be suspended and the 137.7 ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Henry, seconded by Osborne, moved the rules be further suspended 137.8 end the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third time. After a short discussion, the mayor asked if the ordinance should pass. 137.9 The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE MO. 2553 APPEARS ON PAGE 144 OF ORDINANCE AND RESOLUTION BOOK VII. REZONING APPEAL / Vernon Wilson / Wedington & Garland An appeal from a Planning Commission decision had been submitted by Vernon Wilson owner of property located between James Street and Wedington Drive, approximately 300 feet west of Garland Avenue. The Planning Commission 137.10 8-21-79 138 138.1 had denied the request for rezoning from R-2, Medium Density Residential District to C-1, Light Commercial, for the 80 foot by 560 foot strip, and denied the petitioner a rehearing. 138.2 Director Colwell stated that he would abstain from voting on this item as he may at a later date have a direct personal and financial interest in this. 138.3 Attorney Woody Bassett, speaking on behalf of Mr. Wilson, pointed out that Planning Consultant Larry Wood had recommended the rezoning be approved from R-0 to C-1 for the following reasons: 1) the C-1 expansion to the west does not constitute a major expansion of a commercial district and will even the zoning with ownership and zoning to the north; 2) three alternative zoning patterns were presented in the previous zoning application and all three alternatives indicated a movement of the commercial line to the west --one of these alternatives has been approved by the Planning Commission; and 3) the property matches locational criteria for commercial property. 138.4 Woody Bassett confirmed that Mr. Wilson has talked to a supermarket about purchasing theproperty and the supermarket needs the additional 80 -foot strip to use for parking requirements. Bassett said his understanding is that property owners on Hall Street are concerned that the 80 -foot strip would pro- vide ingress/egress from Wedington Drive and create additional traffic con- gestion. He pointed out that Garland, North Street, and Wedington Drive, have all been widened in an attempt to facilitate the additional traffic. However, Bassett said Mr. Wilson is prepared to do one of two things to appease the property owners: 1) submit a Bill of Assurance that no commercial ingress/ egressfwill be allowed onto Wedington Drive for the four acres of commercial property owned by Mr. Wilson; or 2) he is willing to drop the rezoning request for the south 100 feet of the 560 foot strip. 138.5 Wayne Jarvis, resident of the Methodist parsonage on the corner of Hall Street and Wedington Drive, stated that the hill on Wedington Drive is dan- gerous enough as it is without adding any increased traffic. He asked how the remaining R-2 property could be developed if C-1 is not granted for the entire strip. The city attorney stated that with the current R-2 zoning and 80 feet of frontage, a duplex could be built. 138.6 Area property owner, Al Hughes, said his objection is that no commercial property should face Wedington Drive. He said he thinks they will keep adding another "little -bitty" strip of commercial until commercial will be all along Wedington Drive, which is supposed to be a residential street. Hughes said he felt C-1 on this property should stop at the north line of the McIlroy Bank property. 138.7 Woody Bassett clarified that the Presbytery owns this 80 -foot strip and Mr. Wilson has an option to purchase the property. 138.8 Several area property owners were present expressing concern about the rezoning, especially any commercial access onto Wedington Drive. Carolyn Wilder asked Mr. Wilson if he would try to retain the trees on the 80 -foot strip on Wedington, suggesting the trees would serve as a buffer zone. Mr. Wilson said he couldn't say for sure, but felt at least some of the trees should be left due to the steep terrain. 138.9 Woody Bassett pointed out that Wilson had had numerous opportunities to sell the property to fast-food places, pizza parlors, gas stations, quick - stop groceries, etc. and Bassett said he personally would rather see one large supermarket than several small businesses of this type. 138.10 Dr. Abney stated that Trinity Church has never had any objections to the C-1 zoning on Garland Avenue. He said he would have no objections to squaring up the property for Mr. Wilson's purposes as long as no commercial access is given to Wedington Drive. 1 1 1 8-21-79 139 Mr. Grimes pointed out that any development on this property, since the 139.1 property is larger than one acre, would have to be approved by the Planning Commission and the Planning Commission has the authority to say where a property owner can have ingress/egress. Mayor Malone agreed with Mr. Bassett's earlier statement that commercial 139.2 clustering should be near major intersections. However, he said he felt they should not have commercial zoning south of the north line of Mcllroy Bank and there should be a Bill of Assurance providing that there be no commercial access to the property from Wedington Drive. Following discussion, Director Osborne moved the rezoning appeal be 139.3 granted for the portion of property 100 feet north of the Wedington Drive right-of-way, with a Bill of Assurance being provided for the remaining 460 Q) feet by 80 feet, stating that no south commercial access to Mr. Wilson's 0 property would ever be created. He further stipulated that the rezoning CO would not be effective until the Bill of Assurance is filed of record with the circuit clerk. Director Henry seconded Director Osborne's motion. The roll call recorded vote was: Ayes: Osborne. Q Nays: Noland, Malone, Henry, Lancaster, Todd. Abstain•:. Colwell. The mayor declared that the motion failed to pass. Director Osborne then moved the appeal be granted for the property beginning 139.4 160 feet north of the north right-of-way of Wedington Drive,with a Bill of Assurance being provided for the remaining 400 by 80 foot strip, stating that no commercial access to Mr. Wilson's property will be provided from the south. He also stipulated that the rezoning would not be effective until the Bill of Assurance is filed of record with the circuit clerk. Director Henry seconded this motion. e„,,) Rp� 64g9 bjyed Mr. Bassett, after conferring with Mr. Wilson, said they would agree to 139.5 this rezoning. Bassett noted that the west drive into Mcllroy Bank is an easement owned by Mr. Wilson. The Board indicated that the Bill of Assurance would prevent that easement from being used as a south access to the Wilson property. The recorded vote on this motion was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Abstain: Colwell. The mayor declared the motion passed. The city attorney then read an ordinance rezoning the property as 139.6:. amended. Director Osborne, seconded by Noland, moved the rules be suspended and 139.7 the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Abstain: Colwell. The mayor declared the motion passed and the city attorney read the 139.8 ordinance for the second time. Director :Noland, seconded by 'Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes• Noland, Osborne, Malone, Henry,.Lancaster,'Todd. Nays: None. Abstain: Colwell. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 140 140.1 140.2 8-21-79 In response to the mayor, Mr. Bassett said he fully understands that no commercial access to the south to Wedington Drive from Wilson's commercially zoned approximately four acres or the 80 foot strip, will be allowed. Mr. Wilson concurred with Mr. Bassett. The mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: None. Abstain: Colwell. The mayor declared the ordinance passed. ORDINANCE NO. 2554 APPEARS ON PAGE 145 OF ORDINANCE AND RESOLUTION BOOK VII. STREET FRONTAGE 140.3 The city attorney read an ordinance authorizing the Planning Commission to vary the requirements for structures, regarding public street frontages. City Attorney McCord explained that the current ordinance requires that 80% of the lot width requirement be at the frontage line and the new ordinance provides that there be no minimum frontage --only that the property have some frontage on an improved public street. He said the ordinance would also authorize the Planning Commission to waive this requirement if the property owner has made provision for adequate safe ingress/egress for emergency and public vehicles by way of an easement. 140.4 Director Noland, seconded by Osborne, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 140.5 Director Henry, seconded by Noland, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 140.6 The mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2555 APPEARS ON PAGE 1 OF ORDINANCE AND RESOLUTION BOOK VIIL. ZONING AMENDMENT / BARBER & BEAUTY SHOPS 140.7 Next was a request by Attorney Nancy Mahler that the Board amend the zoning ordinance to allow "barber and beauty shops" in the R-0, Residential Office District. 140.8 The mayor acknowledged a letter from Planning Administrator Bobbie Jones, and said the Planning Commission had, at their August 23 meeting denied a public hearing to consider this amendment. City Attorney McCord explained that as a result of this denial, he had advised Ms. Mahler to write a letter to the City Board since an appeal procedure is not actually covered by the zoning ordinance. He advised that the Board could refer this back to the Planning Commission for a public hearing, could amend the zoning ordinance as requested, or could deny the request. 1 8-21-79 141 Nancy Mahler said Planning Consultant Larry Wood has recommended the 141.1 zoning ordinance be changed as requested. She said he had told her he felt it was probably an oversight that beauty and barber shops were not included when the R-0 use units were written. Mahler said a beauty shop or barber shop in R-0 would not substantially add any more traffic than other uses allowed in the R-0 zone such as funeral homes, and dentist's and doctor's offices. Ms. Mahler stated that her client, Ms. Colli Kincaid, is presently 141.2 leasing a building at 701 North College and has spent a great deal of money developing this property. She said Bobbie Jones had advised her to.ask the Planning Commission to hold a public hearing to amend the ordinance, after QDJones had refused to issue a certificate of occupancy for this use at the O 701 North College location. The planning commission had refused to hold a public hearing on the question of beauty and barber shops in the R-0 district. CO Mayor Malone noted that the piece of property in question has been a 141.3 0 particular problem in that it was denied commercial zoning under a different Q property owner several years ago, partly due to the traffic concerns. The Q decision was appealed to Court and the judge upheld the City's action. Mayor Malone commented that the Planning Commission comments, as 141.4 reflected in the minutes, seemed to have been concerned with this use at this particular location rather than the issue of whether barber and beauty shops should be allowed in the R-0 district. Colwell noted that no one was present to represent the request at the meeting and the concern voiced was due to the traffic hazard at this location and adequate parking being provided. Colwell said he did not feel the traffic problems were any worse for this particular piece of property than the adjacent properties. He said also, that he had visited the property, and there seemed to be adequate room for parking for approximately 15 cars. Director Colwell suggested they could consider allowing beauty and 141.5 barber shops as a conditional use in the R-0 zone. The city attorney advised, if the Board wished, they could make beauty and barber shops a separate use unit and make that use unit a conditional use or a use -by - right in the R-0 district. Director Noland moved to ask. the Planning Commission for recommendations 141.6 as to whether beauty and barber shops should be allowed in the R-0 zoning district, and if so, whether they should be allowed as a use -by -right or a conditional use. Director Todd seconded the motion. Director Colwell was concerned that the property owners in this particular 141.7 situation would have to wait another four weeks or so for an answer to their problem. The mayor commented that he does not like to consider amending the ordinance without asking for a recommendation from the Planning Commission. Director Noland agreed with the mayor's earlier comments that the 141.8 Planning Commission seemed to have looked at this use for this piece of property, rather than at the issue of beauty and barber shops in the R-0 district. The city attorney asked the Board if they wanted the Planning Commission 141.9 to call a public hearing and Mayor Malone said he would like the Planning Commission to give a recommendation to the Board on the issue in question -- beauty and barber shops in the R-0 district. The mayor then called for a vote on the motion by Director Noland to 141.10 ask the Planning Commission for a recommendation on whether beauty and barber shops should be allowed in the R-0 district, and if so, whether they should be allowed as a conditional use or a use -by -right. The recorded vote was: Ayes: Noland, Osborne, Malone, Henry, Lancaster, Todd. Nays: Colwell. The mayor declared the motion passed. 142 8-21-79 AIRPORT LEASE / CAUDLE AIR FREIGHT 142.1 A resolution was proposed authorizing the mayor and city clerk to execute a lease agreement with Caudle Air Freight for space at Drake Field. 142.2 City Manager Don Grimes explained that this would be a relatively temporary agreement due to the construction of the new terminal building. He said the City has agreed that they will try to work out a new location closer co the new terminal building but Caudle Air Freight understands that the City will not allow any termporary or prefabricated structures in the new terminal building area. 142.3 Following discussion, Director Henry moved the lease agreement be revised to say the City will attempt to locate Caudle Air Freight closer to the new terminal building for the purpose of erecting a permanent structure, said structure to be architecturally compatible with the new terminal building, and that the mayor and city clerk be authorized to execute the revised agreement. Director Noland seconded Henry's motion. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. RESOLUTION NO.78-79 APPEARS ON PAGE 298 OF ORDINANCE AND RESOLUTION BOOK VII. BID AWARD / TENNIS COURT LIGHTING 142.4 City Manager Grimes explained that the proposed lighting for Wil Park will consist of individual meters for each court, and people wil required to pay $ .25 per half hour for lighting costs. He said the would automatically go off at 11:00 P.M. Grimes recommended the bid awarded to low bidder, Shenandoah Electric Company. 142.5 Director Henry, seconded by Noland, moved the bid be awarded as recommended. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. OTHER BUSINESS FLOURIDATION 142.6 City Manager Grimes stated that Dr. Nickles, with the State Health Department had called and said Fayetteville has been added to a grant as an addendum for $100,000 for flouridation equipment. son 1 be lights be FIRST NATIONAL BANK 142.7 Mr. Grimes said First National Bank has requested to be allowed to replace the planters in front of their new proposed building with brick which will match their building, after construction of the building is completed. He said they are also asking to be allowed to put a limestone cap on the planters. Grimes said he personally agrees with this request. 142.8 Mayor Malone asked that they defer taking action on this request until a recommendation is received from the Parks and Recreation Advisory Board. 1 1 8-21-79 143 CD STREETS IIIDirector Cd1 ealsaid the Street Committee of the Board has recommended 143.1 that Combs Avenue, East Farmers Avenue, and Whillock Street be deleted, by change order, from the list of streets for which bids will be received on August 28, and Sligo Street specifications be amended to provide for 24 -feet of pavement, drainage facilities and improvements for the intersection. Mayor Malone noted that the three streets recommended to be deleted 143.2 were deductive alternatives on the 1977 CD program. He noted that the engineers had designed these streets at lesser than current street standards and the City Board at the last meeting had indicated they wanted 24 feet wide streets, and there is no way the engineers could have the plans drawn and still be able to receive bids by August 28. 0) Director Colwell moved the Street Committee's recommendation be 143.3 ® accepted. Director Noland seconded the motion. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. a) Nays: None. Q The mayor declared the motion passed. QMINUTES City Attorney Jim McCord requested the following change to the minutes 143.4 of the August 7, 1979 meeting --paragraph 125.3, line 4 be amended to say "if the dog owner did not remit the fine, a warrant could be issued for his arrest on the affidavit of the animal control officer." City Manager Grimes asked that paragraph 125.2, line 9, be amended to reflect "to issue summons,• but would not be allowed to carry a gun". With these corrections, the minutes were approved as mailed in the agenda. ADJOURNMENT There being no further business, the meeting adjourned at 11:10. 1 144 MINUTES OF A BOARD OF DIRECTORS MEETING The Fayetteville Board of Directors met in regular session on Tuesday, September 4, 1979, at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Board Members Ernest Lancaster, John Todd, Paul Noland, Richard Osborne, Phil Colwell, and Ann Henry; City Manager Don Grimes, City Clerk Angie Medlock, City Attorney Jim McCord, and Administrative Assistant David McWethy. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following a moment of respectful silence and roll call, the mayor called for consideration of the first item of business. REZONE PROPERTY: Wilson Hollow Road / R. E. Allen 144.1 The city attorney read an ordinance rezoning approximately 1.50 acres located on the north side of Wilson Hollow Road approximately 1/4 mile southeast of the inter- section of Willoughby Road, City Lake Road, and Wilson Hollow Road, from A-1 to R-1, Low Density Residential District. Petition was submitted by R. E. and Norene M. Allen. 144.2 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 144.3 Director Todd, seconded by Director Henry, moved the rules be further sus- pended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 144.4 Mr. R. E. Allen spoke in favor of the rezoning. He explained that he had annexed his property into the city to be able to obtain city water. Mr. B. W. Dykes stated that Allen has approximately 7 acres and there are two homes located on part of the property. He said Allen would like to sell a portion of the land with one house, and this would leave Allen with 1.50 acres. He said in order to get a lot split approved by the City, Allen must get the 1.50 acres, on which his house is located, rezoned to R-1, Low Density Residential. The current A-1 zoning requires two acres for each parcel of property. 144.5 Director Todd was concerned that this rezoning might set a precedent. The mayor agreed with Director Todd's concerns and said he would also have been concerned if this would have been a larger parcel of land and there was a possibility development could take place without adequate services being provided. 144.6 Director Todd asked if fire hydrants would be available to the property and City Manager Don Grimes said the closest line which would support fire hydrants is approximately 1/4 mile west of Allen's property. 144.7 There being no further discussion, the mayor asked if the ordinance should pass. The vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2556 APPEARS ON PAGE 2 OF ORDINANCE AND RESOLUTION BOOK VIII. 1 1