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HomeMy WebLinkAbout1980-02-05 Minutes1 1 A meeting at 7:30 P. Fayettevil PRESENT: ABSENT: 265 MINUTES OF A BOARD OF DIRECTORS MEETING of the Board of Directors was held on Tuesday, February 5, 1980, M:.in the Board of Directors Room,.City Administration Building, le, Arkansas. Directors Ernest Lancaster, Paul Noland, Richard Osborne, Frank Sharp, John Todd, Phil Colwell, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock and Administrative Assistant David McWethy. None. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Assistant -mayor John Todd called the meeting to order at 7:30 P.M. After a moment of respectful silence and roll call, he called for consideration of the first item of business. DIRECTOR INAUGURATION Assistant -mayor Todd introduced Municipal Judge Charles Williams, who then proceeded with the swearing in of the new director Frank Sharp, selected to fill the vacancy left by the resignation of Director Malone. CD BUDGET RECOMMENDATION Assistant -mayor Todd explained that a public hearing had been held at the last City Board meeting to consider the 1980 budget recommendations for the Community Development program and the Board would now amend and/or approve the 1980 CD budget. Streets Director Colwell, as chairman of the Street Committee moved the following change in street priority projects for the budget: 1. East Farmers 2. Combs 3. Whillock 4. 12th Street (from Duncan west) 5. Van Buren (from Duncan to 15th) 6. Center Street' (County to Walnut) 7. E. Mountain (County to Willow) 8. S. Washington (Mtn. to Rock)_ 9. Ella Street (Washington to Willow) 10. Huntsville intersections 11. Ash 12. N. Washington (Center to Spring) 13: Willow (Huntsville to Spring) 14. Dickson 15. Oakland Colwell said the Street Committee had discussed at their last meeting that 265.5 they would prefer to get more dirt streets paved, even if they could not be im- proved to full City standards. Colwe th explained that this newly -proposed priority list would be moving up some streets which are currently gravel and moving down some streets which are at least hard -surfaced. Colwell said if necessary, the Street Committee may propose some type of ordinance amendment in the future to allow lesser standards for improving existing dirt streets. 265.1 265.2 265.3 265.4 266 2-5-80 266.1 Bill Boudrey spoke in favor of some type of hard -surfacing for 12th Street. 266.2 Community Development director Rick Mason, in response to Todd, said they had originally planned to improve to full City standards East Farmers, Combs and Whillock Streets. Todd noted that there has only been $112,000 recommended from the 1980 budget for street projects, which would probably not be enough to do the first three projects. 266.3 Rick Mason said the streets proposed for improvements in the 1980 budget do qualify under the Community Development guidelines and he has figures to sub- stantiate this. They are also all located in the geographical area which qualifies. CD member Ish Benton said he would not have any problems with the new priority proposed for street improvements. Recycling Proposal 266.4 Rob Ingenthron spoke in favor of the recycling proposal discussed at the previous board meeting. He stated that the recycling machine would have an economic impact on the community. The recycling machine, he contended, could save the City $58,000 in one year from reduced sanitation pick-up if operated at full capacity, and would bring in out-of-state corporations money to Fayetteville, possibly as much as $209,000 in one year. Ingenthron stated that he did not feel the committees had given the other Community Development recommendations enough thought. 266.5 Assistant -mayor Todd stated that based on the reply from HUD on the "possible" eligibility of the recycling project, and based on the City's proposal for an incinerator system, he did not feel this is the time for this recycling proposal. Hecal.So noted that the CD committee had recommended that the Board not fund this project for the 1980 budget year. 266.6 Director Osborne indicated he is in favor of the recycling concept, but was concerned about the money. Colwell stated that if they feel the recycling machine will be so profitable, a private enterprise should be interested in the project, rather than requesting CD funds. 266.7 Assistant -mayor Todd suggested that Ingenthron work with the Solid Waste Committee of the City Board on the recycling proposal. Director Henry suggested he may also want to work with the newly -created Energy Committee. Rick Mason commented that there may be some energy funds available, possibly which could be used for recycling, through a grant -type program in the near future. Senior Center 266.8 In response to Director Lancaster, Jerry Marshall said he had talked with John Marinoni, (builder of Hillcrest Towers) who indicated they should be able to build a senior center for $40.00-$45.00 per square foot not including architectural fees. Marshall said he had also spoken with architect Delvin Nation, who had indicated $45.00-$50.000 per square foot should cover the cost of constructing a building, including architectural fees, and had commented that an architect can trim these figures by a maximum of 10% to fit into the $45.70 per foot which they will be authorized to spend. 266.9 Todd acknowledged a proposal from the EOA which outlines proposed use and administration of the senior center. He asked if there would be income restrictions for those wanting to use the facility and Semon Thompson, Director of EOA, stated that EOA looks for opportunities to address the needs of the lower income, but their policy does not preclude anyone from participation. In response to Todd, Jerry Marshall said anyone age 55 or older would be allowed to use the facility and Fayetteville citizens would have first priority on use of the center. Todd suggested a planning group be appointed to work out further details on the center. 266.10 Semon Thompson told the Board that they had been talking with some area senior citizens who had indicated they would not be as comfortable at a senior 2-5-80 267 center located at Hillcrest Towers as they would be at an alternate location. 267.1 He said they had talked to Rick Mason and he had indicated they could still explore alternate locations. Semon Thompson noted that an alternate location would also encourage persons at Hillcrest Towers to get out of that building and get exposed to the community. Assistant -mayor Todd agreed that they could reevaluate whether an alternate location should be considered and they are not bound to building the Senior Center at Hillcrest Towers. Anita Whillock stated that they have waited for the past few 267.2 years for an alternate location to become available, but as of yet have not found anything. She said they would first and foremost want a senior center to be constructed as soon as possible. Parks Q) Assistant -mayor Todd noted that recommendations from the Parks and Recreation 267.3 0 Board had been distributed to the directors. Todd commented that the Board had 03 indicated earlier in the year that they would, from some fund, approve $55,000 to be included as the City's local share of a Heritage Conservation and Recreation Service grant for improvements at Walker Park, some of which are required as a Q part of the agreement with Bryan Walker on receiving deed to the property. He Q acknowledged also that the Parks Board had outlined the needs of parks, particu- larly Greathouse and Asbell Parks. In response to the assistant -mayor, David McWethy noted that items listed in 1979 on the proposed 1980 CD budget are not included in the HCRS grant application. Responding to Todd, CD Director Mason said he did not know if Asbell would 267.4 still qualify as a "neighborhood park" should additional parking be constructed. George Knight said if additional parking were installed at Asbell, they would 111 also like to put up basketball goals so that the area could be used both for parking and basketball. Rick Mason said the $220,000 shown on the CD budget is the money which the 267.5 City is required to reimburse the CD department. City Manager Grimes noted that there will be $36,785 in this which could be programmed for the parks. Todd asked if the Board had indicated earlier that this money would be for street construction only and Mason said this had been the recommendation of the CD committee. City Manager Grimes commented that he thought the City Board had only indicated that they would like to have input on how the money is to be spent. Director Henry pointed out that an additional $50,000 had been allocated 267.6 for Housing Assistance. Rick Mason said CD is now caught up to 1978 for Housing Assistance projects. Director Todd noted there is also a request for $3500 from EOA for weatherization projects. Mason said he felt these funds had been approved by the Board in 1978. Mason said they could not count this $3500 as benefitting Housing Assistance. It was pointed out that the Board had in 1978 approved $3500 which has not yet been distributed to EOA, and EOA is requesting an additional $3500 from the 1980 budget for weatherization projects. Ish Benton commented that the CD Parks and Recreation Committee had not 267.7 recommended allocating any money for parks and recreation for 1980 so that more money could be allocated for the senior center. He said they are proposing, however, that over $100,000 be spent for parks and recreation from CD funds in the proposed 1981 budget. Director 'Henry commented that the City Board had recommended that the staff apply for the HORS grant for Walker Park improvements and had indicated they would fund the remaining local share. Following dis- cussion, Director Noland suggested that the $55,000 additional needed for the HCRS grant come from the $36,785 reprogrammed money for 1980; $10,000 from Housing Assistance, and the remaining from the contingencty fund. Todd suggested the 268 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 2-5-80 $3500 for weatherization be included as a part of the Housing Assistance allocation. Todd asked the Board if they would like to allocate $20,000 to Parks to keep projects going and suggested this money could come from Housing Assistance which would lower the Housing Assistance total allocation to $140,000. He said the details for spending the $20,000, if allocated, should be worked out between CD and the Parks and Recreation committee. Dale Evans, chairman of the Housing Assistance committee, said he feels priorities should be assessed. He said rehabilitating homes for low-income persons should be a top priority, and he did not feel even $170,000 is adequate. 1980 BUDGET Director Osborne seconded Director Colwell's motion on street priorities (see paragraph 265.4), and Colwell amended the motion to include that $112,000 would be allocated for streets and $40,000 for sewer projects. Osborne agreed with this amendment. The recorded vote on this motion was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The assistant -mayor declared the motion passed. Director Lancaster moved that $200,000 be allocated for the senior center. Director Henry seconded this motion The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The motion was declared passed. Director Noland moved that $55,000 be appropriated for administration and $15,000 for rights-of-way acquisition, as recommended. Director Lancaster seconded this motion. The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The assistant -mayor declared the motion passed. Director Osborne, seconded by Henry, moved that $55,000 be appropriated for Parks and Recreation to be used for the local share funding for the HORS grant application. He further moved that the money would be taken as follows: $36,785 from the money reimbursed to CD from the City; $10,000 from Housing Assistance, and the balance $8,115 from the contingency fund. The recorded vote on this motion was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The mayor declared the motion passed. Director Osborne then moved that $20,000 additional be taken from Housing Assistance for parks and recreation and that CD and the Parks Board work together on proposed expenditures, presumably at Asbell Park. Director Todd seconded this motion. The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The mayor declared the motion passed. Director Osborne moved that the balance recommended for Housing Assistance be left in that fund, but that $3,500 of this remaining money be allocated to EOA for the weatherization program. Director Noland seconded this motion. The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The assistant -mayor declared the motion passed. 2-5-80 Director Osborne then moved that the remaining $21,885 remain in the contingency fund. Director Noland seconded this motion. The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. P The assistant -mayor declared the motion passed. Director Henry moved that the balance be programmed into streets, to im- prove the streets.as set out in the priority list. Rick Mason commented that the money shown to be reprogrammedfrorrr previous years would not be allocated to be spent until it is received from the City each year. Director Osborne seconded Henry's motion. The recorded vote was: Q) Ayes• Osborne, Todd, Colwell, Henry, Lancaster, Noland. 0 Nays: None. CO Abstain: Sharp. The assistant -mayor declared the motion passed. 0 Director Henry, seconded by Osborne, moved a resolution be approved Q authorizing the mayor and city clerk to execute an application for the CD Q budget funds. The recorded vote on this motion was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The maypr declared the resolution passed. RESOLUTION NO. 6-80 APPEARS ON PAGE 156 OF ORDINANCE AND RESOLUTION BOOK VIII. Assistant -mayor Todd stated that he would like to form a committee to look at the needs of the senior center. Tocld also expressed appreciation to the CD committee for their efforts in making the budget recommendations to the Board. MAYOR APPOINTMENT Director Henry moved that Assistant -mayor John Todd be appointed to fill the vacancy of mayor left by the resignation of David Malone. Director Osborne seconded this motion. The recorded vote was: Ayes: Osborne, Sharp, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Todd. Director Lancaster moved that Director Paul Noland be appointed as Assistant Mayor. Director Osborne seconded this motion. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster. Nays: None. Abstain: Noland. The mayor declared the motion passed. Director Lancaster asked that the new mayor write a letter to former mayor, David Malone, thanking him for his service to the City of Fayetteville. Todd said he would also like to write letters to those who applied for the director's vacancy created by Director Malone's resignation. `RESOLUTION NO. 7-80 APPEARS ON PAGE 157 OF ORDINANCE AND RESOLUTION BOOK VIII. SIGN APPEAL: Immanuel Baptist Church An appeal from the literal provisions of the Sign Ordinance had been submitted by Immanuel Baptist Church for a sign located at 201 South Duncan. The petitioner had asked permissionwto allow an existing free-standing sign to remain 4.5 feet setback from the street right-of-way, and the ordinance 1 1 269 2-5-80 270 270.1 requires a 17.5 foot setback for a sign of this size and height, unless the Board determines that strict enforcement would be unreasonable. 270.2 Pastor Gary Yurich commented that Immanuel Baptist Church has been in this location for 30 years. He stated that the Church had given the City some right-of-way in the past. He acknowledged that the sign does not meet the provisions of the new sign ordinance, but said moving the sign back into conformance would not be feasible. He said the sign is not a traffic hazard, as you have to pull out quite a ways to see in either direction. Yurich stated also that the church does not have any other signs. The city attorney commented that a free-standing sign is not allowed in a residential district. He said, however, if the sign qualified as a bulletin board, it would be allowed. He said a bulletin board is "any sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as said institution, for purposes of announcing events which are held on the premises", and an informational sign is a sign "of an identi- ficationel or of informational nature bearing no advertising". McCord commented that this sign appears to be an identification sign rather than a billboard, but if the Board determines that it is a bulletin board, it would be restricted to 16 square feet. 270.3 Mayor Todd commented that there are certain things which the Board must look at in determining whether to allow a non -conforming sign to continue, such as cost of removal and relocation. Yurich stated that he feels their sign fits within the philosophy of the sign ordinance and someone from the Church said that their sign could be used as a billboard, but the Church has only once or twice posted activities. 270.4 City Manager Grimes was concerned that the Board may have problems with other church signs in the future and suggested Immanuel Baptist Church should add at least one line across the bottom of the sign specifying activities so that it will fit the requirements of a bulletin board. 270.5 Yurich told the Board that he felt the Church would rather add something to the existing sign than be required to take it down. In response to the mayor, the city attorney stated that he felt there would be a limit of one free- standing bulletin board on the property. McCord commented also that he felt the ordinance provisions may need to be amended regarding this type of situation, and said he would at a later date present some possible amendments for the Board's consideration. 270.6 Director Lancaster moved the variance be permitted for a free-standing bulletin board sign and that the Church add something to the sign to make it conform to the bulletin board definition. Director Noland seconded the motion. Director Lancaster said he does not feel there is anything wrong with the sign as it is, but would like to get by the legal aspects by requiring that it be used according to the bulletin board provisions. Director Sharp asked if the sign could be changed from a free-standing sign to a wall sign and Yurich said it would not be tasteful to put this sign on the wall. Director Osborne said he felt if they made the sign conform to the bulletin board provisions it would look "tacky". 270.7 The recorded roll call vote on Lancaster's motion was: Ayes: Todd, Colwell, and Lancaster. Nays: Osborne, Sharp, Henry, Noland. The mayor declared that the motion had failed to pass. 270.8 Director Osborne then moved that the variance be granted for the church to continue the free-standing sign in an R-3 district for as long as the structure is used as Immanuel Baptist Church. Director Henry seconded this 1 1 1 2-5-80 motion and the recorded vote was: Ayes: Osborne, Sharp, Henry, Lancaster, Noland. Nays: Todd and Colwell. The mayor declared the motion passed. The city attorney said he would prepare a memorandum outlining the bulletin board provisions and possible amendments which the Board may want to consider. 271 271.1 271.2 SIGN APPEAL: Stinger Sam/A-1 Auto Supply Mr. Hardin was present to answer questions on a sign appeal submitted 271.3 by A-1 Auto Supply (Stinger Sam Auto Parts) on a variance request to install a 4' by 4' projecting sign in an R-0 district. Mayor Todd acknowledged letters Q) from the company included in the director's agenda material. Todd noted that Q they had removed a free-standing sign from in front of the building and are 03 )proposingto remove painted signs on the north and south ends of the building Q if necessary, and are proposing a 4' by 4' projecting sign in place of the signs which are removed. Cr Director Colwell noted that this portion of College, which is zoned R-0, 271.4 Q but used as commercial, is creating the problem. The city attorney said the property owner could have one wall sign (16 square feet) per wall per business in an R district. Sign Inspector John Dietzen stated that he felt the north and south wall signs are a little larger than 16 square feet and the Board said these should be painted over. Director Colwell said he feels the petitioner is trying to keep within the spirit of the ordinance by removing the free- standing sign and. offering to paint over the signs on the walls. Director Osborne moved that the 4' by 4' projecting sign be allowed not 271.5 Il to project from the building east more than 5 feet and conditional upon there being no other signs erected on the property. Director Lancaster seconded the motion: The recorded vote was: Ayes• Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed. SIGN APPEAL: Collier Drug Mayor Todd acknowledged Morris and Carl Collier present to represent a 271.6 petition for an appeal from the literal provisions of the sign ordinance for Collier Rexall Drug Store located at 100 West Dickson Street. The petitioner had requested permission to allow 1) an existing marquee sign to remain at a location 10" above the roof line; and 2) two existing roof signs on a tower of the building. Carl Collier explained that they originally had five signs, all in violation 271.7 of the sign ordinance and have removed both the sign in front of the building and the sign in the parking lot. Mr. Collier pointed out that the marquee sign wouldte allowed to continue if it did not extend the 10" above the roof .line and said it could be lowered but would need substantial bracing. He said the tower signs were designed as a part of the building and if the tower signs were "free-standing" they would be allowed under the ordinance and would also meet the requirement for setback. He said he feels both signs are within the spirit of the ordinance and requested the variances be granted. Director Colwell commented that he felt if they lowered the marquee sign 271.8 10" it would be less attractive than it presently is. 2-5-80 272 272.1 Director Osborne moved the variances be granted as requested. The directors indicated they would like to consider the two variances individually. Director Henry said she feels three signs are too many. She said she can see granting a variance for the roof sign, but said the sign on the front is "excess baggage" 272.2 Director Osborne then moved that a variance be granted for the two tower signs. Director Colwell seconded this motion and the recorded vote was: Ayes: Osborne, Colwell, Henry, Lancaster, Noland. Nays: Sharp end Todd. The mayor declared this motion passed and the variance granted as requested for the tower signs. 272.3 Director Osborne then moved that the marquee sign variance be approved to allow this sign to continue in the present location. Director Colwell seconded this motion. The recorded vote was: Ayes• Osborne, Sharp, Colwell, Lancaster, Noland. Nays: Todd and Henry. The mayor declared this motion passed and the variance granted as requested. SIGN APPEAL: Nick's DX 272.4 A sign appeal had been submitted by Nick's DX Service Station located at 867 North College Avenue. Petitioner was requesting that an existing roof sign and an existing free-standing sign be allowed to continue. 272.5 Mr. Pope stated that the visibility for traffic at this location is bad since the station is facing away from the traffic. He said 200 feet down the road you could not see the building at all, only the sign and if they moved the sign back, it would not be visible. He said he feels the removal of the sign would hurt the owner's ability to attract business and make a living at the station. He explained that the gasoline company often allocates gasoline to a station based on the previous year's sales for that month and said if the station loses business due to moving the signs, it would hinder the amount of gasoline he could receive in the future. He explained that anything which causes business to drop would affect the station's future. 272.6 John Dietzen told the Board that a 24 square foot sign would need to be 22 feet back which would be impossible for the station. 272.7 Mayor Todd asked if the Auto Parts portion of the sign could be removed and Mr. Pope indicated it could.Todd noted that a wall sign could also be allowed. 272.8 Following brief discussion, Mayor Todd moved to allow a variance for the existing sign to continue if turned 180 degrees which would make it set back 15 feet, and which would allow the property to continue a free-standing sign in an R-0 district. Director Noland further stipulated that the property owner would be required to remove all small signs attached to this sign, and that this variance would be in effect as long as the property is used as a gasoline service station. Director Lancaster seconded this motion. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed. SIGN APPEAL: Center Street Church of Christ 272.9 Wally Vaughn, speaking for the Center Street Church of Christ, said they are requesting a variance from the sign ordinance to allow three non -conforming signs to continue. He said these signs have been in place for several years and it would be expensive to remove them. He said they do not feel the signs are unattractive or cause any safety hazard. He suggested that churches should be 2-5-80 granted some sort of privilege in regard to signs. Mayor Todd acknowledged several petitions from persons requesting that churches be exempt from the provisions of the sign ordinance. Responding to the mayor, the Board indicated they would not like to consider an exemption for churches at this time. Director Noland asked it the parking lot sign were informational only would it be allowed and Sign Inspector John Dietzen commented that the only type of directional sign which would be allowed weuld be an entrance or exit sign less than 30 inches high. The city attorney added that directional signs are limited to 4 square feet. Director Henry noted that a wall sign could be installed which would identify the building as the Center Street Church of Christ and suggested they consider granting a variance for a small free-standing parking lot.sign. Director Osborne moved that the sign on the corner of Center and School Avenue be granted a variance if it is .in "informational sign" designating this as a parking lot for the Church. Director Colwell seconded this motion. The recorded vote was: Ayes: Osborne, Colwell, and Lancaster. Nays: Sharp, Todd, Henry, and Noland. The mayor declared the motion failed to pass. Director Sharp moved that the 4 square foot informational sign at the Center Street entrance to the parking lot be allowed as there is no wall to put a sign on. Director Henry seconded this motion. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry,nLancaster, and Noland. Nays: None. The mayor declared this motion passed. • Mayor Todd, seconded by Colwell, moved that permission to allow an existing free-standing sign to remain 2 feet set back from Center Street be denied. The recorded vote on this motion was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed. 273 273.1 273.2 273.3 273.4 273.5 273.6 273.7 SIGN APPEAL: Davison Shoes An appeal had been submitted for Davison's Shoes, located at 1 West Mountain 273.8 Street for permission to allow two existing wall signs to remain on one wall. Responding to the directors, Sign Inspector John Dietzen indicated that if the two.signs were put together as one sign, it would meet ordinance requirements, but said it may be difficult to put the two signs together, as one projects further than the other. Sign:Inspector Dietzen asked that the Board table a decision on this appeal 273.9 as he felt the petitioner had planned to be present at the meeting. City Manager Grimes said the petitioner had been sent a copy of the agenda. Director Lancaster indicated he would be in favor of the petitioner having the two signs put together as one sign. John Dietzen said the sign could then cover up to 20% of the wall. Director Lancaster suggested the Board table con- sideration and ask the sign inspector to indicate to the petitioner the feelings of the Board. REZONE_ PROPERTY: J. B. HAYS/FRANK FARRISH Ervan Wimberly was present representing a rezoning petition submitted by J. B. Hays and Frank Farrish for a parcel of property located on the south side of Highway 45 East; approximately 1,320 feet west of H'ghway 265. The Planning Commission had recommended approval of rezoning the front 160 feet from R-1 to R-2, Medium Density Residential. 273.10 273.11 274 2-5-80 274.1 The city attorney read the ordinance for the first time. Director Henry, seconded by Colwell, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance forthe second time. 274.2 Director Osborne, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 274.3 There being no public opposition, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. (Director Sharp stated that he had abstained from voting as he did not know enough about the item.) The mayor declared the ordinance passed. ORDINANCE NO. 2592 APPEARS ON PAGE 100 OF ORDINANCE AND RESOLUTION BOOK VIII. WARNER CABLE: EXTENSION POLICY 274.4 Rip Lindsey, with Warner Cable Company, was present on a request by Warner/Amex Corporation for Board approval of an amendment to their "extension policy". The city attorney explained that this item was included in the agenda as a result of a letter he had written to Attorney Lynn Wade about their exten- sion policy. He said he had received two inquiries from potential customers asking why they could not get service. McCord said Wade had indicated Warner Cable had, in fact, filed their extension policy when they filed the original policy and are now proposing a modification which liberalizes the policy some- what. 274.5 Byron Johnson, Crossover Road, said two terminations of the cable are only about 2/10 of a mile from his property but he has been unable to get cable. City Manager Grimes commented that Warner Cable's policy indicates they need 50 customers per lineal mile and the City usually specifies that they will extend growth area water if there are 7 customers per mile. Rip Lindsey said he would work with Mr. Johnson on extending service to him. Mr. Grimes asked that he, Lindsey, and McCord try to work something out on their extension policy. 274.6 Director Henry moved that the city manager and city attorney work with Mr. Lindsey and that the Board table further consideration of this request at this time. Mr. Lindsey indicated this would be agreeable. Director Todd seconded the motion. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed. 1 FRISCO RAILROAD CROSSING 274.7 At the request of the petitioner, the Board agreed to table a request by Frisco Railroad for an amendment to the ordinance governing the operation of railroad warning devices. 2-5-80 275. 1980 REVENUE:SHARING BUDGET Mayor Todd opened a public hearing on the proposed 1980 Revenue Sharing 275.1 budget. Jerry Marshall asked that the City allocate money for furniture in the lobby of Hillcrest Towers, a 6 -foot aluminum ladder, and a typewriter table, and said they would need about $1400. Budget Officer Sturman Mackey said there is $1420 in the budget for this purpose. Mackey explained that there is $142,695 which was added after the published 275.2 administrative Revenue Sharing budget for 1980 and is subject to this public hearing for consideration. He said this is prior years' Revenue Sharing which had been appropriated, but not spent, and this would reallocate these funds. City Manager Grimes said this would be used to reimburse the General Fund for work done on the airport project. Q) The public hearing was concluded. 275.3 Q Director Lancaster moved to approve the 1980 Revenue Sharing Budget. 275.4 Director Noland seconded this motion. The recorded vote was: Q Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Q Abstain: Sharp. Q The mayor declared the motion passed. RESOLUTION 9-80 APPEARS ON PAGE 159 OF ORDINANCE AND RESOLUTION BOOK VIII. 19.80 BUDGETS The Board next considered approval of the 1980 General Fund, Public Works 275.5 Fund, Airport Fund and Sanitation Fund budgets and the 1980 pay plan. Mayor Todd, speaking for the Finance Committee, stated that these budgets had been included in the director's informational material. Mayor Todd then moved that the 1980 General Fund, Public Works Fund, 275.6 Airport Fund and Sanitation Funds and the 1980 Pay Plan be approved. Director Lancaster seconded this motion. The recorded vote was: Ayes: Osborne, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Abstain: Sharp. The mayor declared the motion passed. RESOLUTION 10-80 APPEARS ON PAGE 161 OF ORDINANCE AND RESOLUTION BOOK VIII. ALLEY CLOSING: Between West and School Streets The city attorney read an ordinance abandoning and vacating the southern 275.7 portion of a north/south alley running north from Spring Street, between West and School Avenues.. He commented that a. utility easement would be retained. Director Noland, seconded by Osborne,.moved the rules be suspended and the 275.8 ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Henry, moved the rules be further suspended 275.9 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no opposition expressed, the mayor asked if the ordinance should 275.10 pass. The recorded vote was: 2-5-80 276 276.1 Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2593 APPEARS ON PAGE 101 OF ORDINANCE AND RESOLUTION BOOK VIII. WATER RATE INCREASE PROPOSAL 276.2 An ordinance had been proposed increasing water rates by 21 cents per 1,000 gallons. It was noted that this is the first time water rates have been increased since 1970. 276.3 Director Noland, speaking for the Water and Sewer Committee, explained that the increase represents only the amount which Beaver Water District has increased what they are charging the City. He explained that due to this in- crease, the City had to last year dip into the Reserve Fund to buy water. He noted that the City has some outstanding bonds for water and sewer and they are required to keep 133% of the debt coverage for them. Noland explained that the increase would be about 19% but is strictly a "pass -on" and is a combination of three different increases from Beaver Water District. 276.4 City Manager Grimes said he had discussed this proposed increase with Campbell Soup, as it will greatly affect them as the largest single water user. 276.5 The city attorney then read the ordinance for the first time. Director Noland, seconded by Colwell, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 276.6 Director Colwell, seconded by Lancaster, moved the rules be further sus- pended and the ordinance placed on third and final reading. The recorded roll call vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 276.7 There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2594 APPEARS ON PAGE 102 OF ORDINANCE AND RESOLUTION BOOK VIII. SEWER RATE 276.8 Director Noland said the Water and Sewer Committee had asked the City Engineer and City Manager to make a recommendation on a monthly sewer rate for customers who do not receive city water service. He said the city engineer had indicated that $5.25 is an average monthly sewer charge for a normal family on city water and they had recommended the rate for those not on city water be set at $8.00 per month. City Manager Grimes said they had proposed the higher rate because 1) they wanted this to be an incentive for those persons to connect to city water and 2) they have no way to determine how much they actually use. 276.9 Director Sharp, stating that he had been on a well, said he felt their consumption now that they are on city water is approximately four times what it was when on a well. 1 2-5-80 2'77 In response to Director Osborne, the city engineer indicated that there 277.1 are only fi.ve.or six people which this ordinance will affect. The Board agreed to request the tity attorney to read the ordinance with a provision to establish the monthly sewer rate at $6.50. The city attorney read the ordinance for the first time. Director Henry, 277.2 seconded by Osborne, moved the rules be suspended and the ordinance placed on second reading. The.recorded vote was: Ayes: Osborne, Sharp, Todd, Henry, Lancaster, Noland. Nays: None. Absent at Roll Call: Colwell. The mayor declared the motion passed and the city attorney read the ordinance 277.3 for the second time. Director Osborne moved the rules be further suspended and the ordinance 277.4 Q) be placed on third and final reading. Director Henry seconded this motion and O the recorded vote was: Ayes: Osborne, Sharp, Todd, Henry, Lancaster, Noland. 0 Nays: None. Absentat Roll Call: Colwell. Q There.being no further discussion, the mayor asked if the ordinance should 277.5 Q pass. The recorded vote was: Ayes: Osborne, Sharp, Todd, Henry, Lancaster, Noland. Nays: None. Absent at Roll Call: Colwell. The mayor declared the ordinance passed. 1 1 ORDINANCE NO. 2595 APPEARS ON PAGE 104 OF ORDINANCE AND RESOLUTION BOOK VIII. 277.6 LAKE FAYETTEVILLE DAM STUDY The city engineer had requested authorization to solicit engineering pro- 277.7 posals for a Phase II inspection of the Lake Fayetteville dam. Director Noland questioned if they would have money to do the inspection. 277.8 He said if they don't have the money, there would be no need to solicit the proposals. Director Henry, seconded by Noland, moved the city engineer solicit engineering proposals for a Phase II inspection of the Lake Fayetteville dam. The recorded 277.9 vote was: Ayes: Osborne, Sharp, Todd, Henry, and Noland. Nays: None: Absent at Roll Call: Colwell and Lancaster. The mayor declared the motion passed. STREET CLOSING: Commerce Street & Unopened Alley The city attorney read an ordinance abandoning and vacating the street rights-of-way for Commerce Street and an unopened alley running east/west located west of Hollywood Avenue. He stated that this was recommended by the Planning Commission. Director Osborne, seconded by Lancaster, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne moved the rules be further suspended and the ordinance be placed on third and final reading. Director Noland seconded this motion. The recorded vote was: 277.10 277.11 277.12 2-5-80 278 278.1 Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 278.2 The mayor asked if the ordinance should pass. The recorded roll call vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2596 APPEARS' ON PAGE 105 OF ORDINANCE AND RESOLUTION BOOK VIII. CD SEWER PROJECT: CONTRACT AMENDMENT 278.3 A resolution was proposed authorizing an amendment to a contract for engineering services, in connection with a CD sewer project. 278.4 City Manager Grimes stated that City Engineer Don Bunn had looked at this request and indicated he felt it was reasonable because the project had been spread out for nearly three years, and the scope of the work had been changed and a 10" main had been added. He said the proposed fee increased the engineering fee to 111/2%, which he did not feel is excessive. 278.5 Director Osborne, seconded by Lancaster, moved the resolution be approved. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 8-80 APPEARS ON PAGE 158 OF ORDINANCE AND RESOLUTION BOOK VIII. CEC CHANGE ORDER NO. 1 278.6 Several change orders had been presented in connection with the Continuing Education Center construction project. City Manager Grimes explained that these change orders had been discussed when the contract was approved. He said the change orders would bring the total Continuing Education Center cost to $3,147,970. 278.7 Director Osborne, seconded by Henry, moved the change orders be approved. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed. RESOLUTION13-80 APPEARS ON PAGE 242 OF ORDINANCE AND RESOLUTION BOOK VIII. HUD GRANT: SEWER EASEMENTS 278.8 City Manager Grimes said HUD is furnishing the City with a 100% grant to close out the sewer projects in Greenland and Farmington, which is to be paid out for sewer easements already secured. 278.9 Director Osborne, seconded by Henry, moved the resolution be approved. The recorded vote was: Ayes: Osborne, Sharp, Todd, Henry, Lancaster, Noland. Nays: Colwell. The mayor declared the resolution passed. RESOLUTION NO. 11-80 APPEARS ON PAGE 217 OF ORDINANCE AND RESOLUTION BOOK VIII. POLLUTION CONTROL PLANT 278.10 A request had been made by the City Engineer for authorization to have a 300 KVAR power capacitor installed at the Pollution Control Plant to reduce monthly electric bills. City Engineer Don Bunn said they have enough money in the maintenance budget to cover the cost of the capacitor, and in-house personnel will install it. He asked that an ordinance be passed waiving competitive bidding. 1 1 i 1 2-5-80 2'79 The city attorney read the ordinance for the first time. .Director Henry, seconded by Osborne, moved the rules be suspended and 279.1 the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance 279.2 for the second time. Director Osborne moved the rules be further suspended and the ordinance 279.3 be placed on third and final reading. Director Henry seconded this motion. The recorded roll call vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance 279.4 for the third and final time. There being no opposition expressed, the mayor asked if the ordinance should 279.5 pass. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the ordinance passed. ORDINANCE N0._2597 APPEARS ON PAGE 107 OF ORDINANCE AND RESOLUTION BOOK VIII. Director Lancaster then moved that the city engineer be authorized to have 279.6 a 300 KVAR power capacitor installed at the Pollution Control Plant. Director Osborne seconded the motion. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed. 1979 BUDGET ADJUSTMENTS The city attorney advised that the Board should approve a izing budget adjustments to balance departmental increases and 1979 budget. Finance Director Scott Linebaugh had recommended resolution, explaining that the resolution previously approved some •:i:temsJwhith had,not--been posted. Director Osborne, seconded by Henry, moved the resolution recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the resolution approved. RESOLUTION NO. 12-80 APPEARS ON PAGE 239 OF ORDINANCE AND RESOLUTION AIRPORT TRANSFER - GENERAL FUND City Manager Don Grimes explained that a specifying that a $92,820 transfer previously to airport terminal building construction was revenues. Director Lancaster, seconded by Noland, The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Nays: None. The mayor declared the resolution approved. RESOLUTION NO. 14-80 APPEARS ON PAGE 249 OF ORDINANCE AND RESOLUTION BOOK VIII.. resolution author- 279.7 decreases in the approval of the did not include be approved. The 279.8 BOOK VIII. resolution has been proposed approved from the General Fund a loan to be repaid from airport 279.9 moved the resolution be approved. 279.10 Lancaster, Noland. 2-5-80 280 POLICE DEPARTMENT / ALCOHOL ANALYZER 280.1 The city attorney read an ordinance waiving competitive bid requirements for the purchase of a blood alcohol analyzer. Police Chief Bob Jones commented that this analyzer would provide a print-out of the results of the test. 280.2 Director Henry, seconded by Osborne moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 280.3 Director Henry, seconded by Todd, moved the rules be further suspended and the ordinance placed on second reading. Ayes: Osborne, Sharp, Todd, Colwell, Henry, Nays: None. The mayor declared the motion passed and the for the third and final time. 280.4 There being no opposition expressed, the mayor asked if the ordinance pass. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the ordinance passed. The recorded vote was: Lancaster, Noland. city attorney read the ordinance should ORDINANCE NO. 2598 APPEARS ON PAGE 108 OF ORDINANCE AND RESOLUTION BOOK VIII. 280.5 Director Henry, seconded by Osborne, then moved a authorizing the purchase of a blood alcohol analyzer. motion was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the resolution passed. resolution be approved The recorded vote on this RESOLUTION NO. 15-80 APPEARS ON PAGE 250 OF ORDINANCE AND RESOLUTION BOOK VIII. SEWER CONTRACT: MANOR DRIVE 280.6 The city manager asked for authorization to award a construction contract for the installation of a sewer main in the vicinity of Manor Drive. He explained that the sewer line, as installed, would not serve the lots adjacent to it and this main would serve those lots. Mr. Grimes stated that he has talked with the engineers on the original project about sharing a portion of the cost on this project. He recommended that the Board authorize the contract. 280.7 Director Lancaster, seconded by Todd, moved a resolution be approved authorizing the construction contract to be executed. The recorded roll call vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster. Nays: None. Absent at Roll Call: Noland. The mayor declared the resolution passed. RESOLUTION NO. 16-80 APPEARS ON PAGE 252 OF ORDINANCE AND RESOLUTION BOOK VIII. WASHINGTON SCHOOL / BIG TOY 280.8 The city attorney read an ordinance waiving competitive bidding requirements for the purchase of one Model SB -1 School Yard Big Toy for Washington Elementary School Park. 1 2-5-80 281 Director Osborne, seconded by Henry, moved the rules be suspended and the 281.1 ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance 281.2 for the second time. Director Osborne then moved that the rules be further suspended and the 281.3 ordinance beplaced on third and final reading. Director Henry seconded the motion. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 0 The mayor asked if the ordinance should pass. The recorded roll call vote 281.4 CO was: Q Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Q The mayor declared the ordinance passed. c ORDINANCE N0. 2599 APPEARS ON PAGE 109 OF ORDINANCE AND RESOLUTION BOOK VIII. Director Henry, seconded by Todd, moved the purchase of one SB-1‘Big Toy 281.5 be authorized. The recorded vote was: Ayes: Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays; None. The mayor declared the motion passed.. TAXI INCREASE PROPOSAL A request submitted by Razorback Transportation for an increase in taxi 281.6 rates was tabled until the February 19 meeting. OTHER BUSINESS Mayor Todd appointed the following to Board Committees: Todd to Water 281.7 and Sewer; Osborne (to assume chairmanship) of the Finance Committee; Sharp to the Street Committee and the • Vayetteville-Springdale Transportation Committee; Sharp to the Police and Fire Committee; and Lancaster (to assume chairmanship) of the Airport Committee; Todd to the Northwest Arkansas Criminal Justice Planning Council.and the Advertising and Promotion Committee. Mayor Todd also appointed the following Planning Group for the Senior Center 281.8 to be constructed: Semon Thompson,EOA; Jerry Marshall, Council on Aging; Sylvia Swartz, Community Development; Rick Mason, Community Development; David McWethy, City of Fayetteville, and Rick Osborne, Board of Directors. Mayor Todd also asked if anyone would like to volunteer to serve on the 281.9 Washington County Planning Board. UTILITY RELOCATION LAWSUIT The city attorney. pointed out the utility relocation lawsuit decision included in the director's agenda. 281.10 HILTON HOTEL In response to Director Lancaster, the city manager said the Hilton Hotel 281.11 is apparently about ready to proceed with their project. 2-5-80 282 EMS 282.1 Director Colwell said the EMS Board is hoping.to make a presentation to the Quorum Court in the very near future. City Manager Grimes thanked Senator Morris Henry for getting the bill through the special session in the legislature so that they have an opportunity to do something about the ambulance problems. MINUTES 282.2 The following corrections were requested to the minutes of the January 16, 1980 Board meeting: paragraph 251.7 Director Henry requested be amended to read 131 per ton collection" and paragraph 253.7 , Todd asked be changed to read that EOA is the 'probable" lessee. With these corrections, the minutes were approved as submitted. ADJOURNMENT 282.3 There being no further business for the Board's consideration, the meeting adjourned at 12:19 A.M. 1 1 1