Loading...
HomeMy WebLinkAbout1980-02-19 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING 283 A meeting of the Fayetteville Board of Directors was held on Tuesday, February 19, 1980 at 7:30 p.m. in the City Administration Building Directors Room, Fayetteville, Arkansas. PRESENT: Mayor John Todd, Directors Frank Sharp, Phil Colwell, Ann Henry, Ernest Lancaster, Paul Noland and Richard Osborne; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock and Administrative Assistant David McWethy. ABSENT: None. OTHERS PRESENT: Members of the CALL TO ORDER Following roll call and a for consideration of the first appeal submitted by William E. the request of the petitioner. audience and representatives of the news media. moment of respectful silence, the mayor called item of business. He stated that the sign Carter, d/b/a Central Tire, would be tabled at 283.1 TAXICAB RATE INCREASE The first item for consideration was an ordinance increasing taxicab rates 283.2 by 50¢ per zone, and the extra charge for additional passengers from 25¢ per person to 50¢ per person. Mayor Todd noted that the city manager's office has worked with the taxi 283.3 cab operators on this proposal and acknowledged a report from the administra- tive assistant included in the agenda which recommended the increase. Warren Perry,said he has driven for both cab companies and said it is 283.4 difficult for the driver to make a living with the current prices of gasoline and maintenance. He said if the taxi service is expected to continue, there should be no question that an increase is necessary. Terry Tucker, owner of Razorback Taxi, noted that his insurance has gone 283.5 up 23% this year, as well as the increases caused by inflation for maintenance for the vehicles. Tucker said he is proposing to set up a system whereby fixed- income regular passengers could receive a discount of 15-20%. Ann Hauser said the cabs give good service, however they can't keep this 283.5 up with the cost of gasoline increasing as it has. She suggested that several people could get together and ride cabs to the same general location and split the fare. She noted that Terry Tucker plans to talk to those persons using cabs from Hillcrest Towers about the advantages of sharing cabs. Hauser noted also that some Springdale cabs are the same color as the 283.6 Fayetteville cabs and suggested they should be a different color so people won't be Confused and think they are using the Fayetteville cab service. David McWethy said that one of the Springdale cabs is a white car and the police have pulled it off the road, as it should be painted yellow as the other Springdale cabs are. In response to Director Colwell, Terry Tucker said each of his cabs is 283.7 driven about 250-300 miles per day. He noted that the maintenance expense is tremendous for these cars. Mayor Todd asked if the Springdale cab company is also willing to imple- 283.8 ment the discount system for the regular fixed-income customers if the increase is approved and Administrative Assistant McWethy said they had indicated they would. Todd asked if the City would want to leave the discretion on who could get a discount up to the cab companies. 284 2-19-80 284.1 The city attorney read the ordinance increasing taxi rates 50C per zone and 25C per each additional passenger. 284.2 Director Noland, seconded by Osborne, moved the rules be suspended and the ordinance placed on second reading. 284.3 Billie Grammar stated that her problem with the taxi service is that it takes a long time to get a cab and she feels she is receiving poor service. The administrative assistant commented that the number of complaints received now are much less than what they have been in the past. 284.4 Following a brief discussion, the mayor called for a vote on the motion to move the ordinance to second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 284.5 Director Colwell moved the rules be further suspended and the ordinance placed on third and final reading. Director Henry seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 284.6 There being no further discussion, the mayor asked if the ordinance should pass. The.recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Nays: None. The mayor declared the ordinance passed. 284.7 Director Lancaster commented that he is impressed with the way the cab companies are trying to clean up the cab service. ORDINANCE NO. 2601 APPEARS ON PAGE 134 OF ORDINANCE AND RESOLUTION BOOK VIII. SIGN APPEAL: CITY LIQUOR 284.8 An appeal from the literal provisions of the sign ordinance was submitted by City Liquor Store for permission to allow 1) an existing roof sign to remain on the west side of the building; 2) two existing wall signs to remain on the south wall; 3) an existing 18 square foot free-standing sign to remain 11 feet setback from 15th Street; and 4) an existing 52 square foot free-standing sign to remain 3 feet setback from South School. 284.9 Bob Ashworth was present to represent the appeal. Mayor Todd acknowledged a memo from Ashworth stating his opinions on the legal aspects of the sign ordi- nance as it pertains to his appeal. 284.10 Ashworth said, as he understands it, if Sign #1 were required to be removed or remodeled it would mean the City taking it by eminent domain. He contended that the sign is a permanent part of the structure. Ashworth pointed out that this sign was not included in the original correspondance concerning his signs; however, when Fe applied for the variance, Sign Inspector John Dietzen indicated it had been overlooked and should have been included. 284.11 City Attorney McCord read the definition of a roof sign as "any sign wholly erected, constructed, or maintained on the roof structure or parapet wall of any building". 1 1 2-19-80 285 Sign Inspector John Dietzen explained that he has been looking at any 285.1 sign above the eave line of the roof as a "roof sign". Mayor Todd said the Board would need to decide whether this is a "roof sign" 285.2 and if so, should a variance be granted. If it is not a roof sign, apparently no variance would be required. The city attorney read that a wall sign by definition "shall not project 285.3 above the top of the wall or beyond the end of the building". Ashworth stated that the sign does not extend above the canopy of the building and the canopy is a part of the structure, installed when the building was constructed. John Dietzen told the Board that the sign would meet area requirements for 285.4 a wall sign in this district, if the sign is determined to be a wall sign. Q) Director Osborne moved to table consideration of this sign appeal until a 285.5 Q determination can be made on whether the sign is in fact a roof sign or if CO it would qualify as a wall sign, and whether it actually should be contended Q to be a part of the building itself. Director Noland seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Q Nays: None. The mayor declared the motion passed. 1 SIGN APPEAL: GULF OIL COMPANY / 607 W. DICKSON An appeal from the provisions of the sign ordinance had been submitted by 285.6 Gulf Oil Company for permission to allow an existing 25 square foot free-standing sign to remain at 0 feet setback from the property line at property located at 607 West Dickson Street. Mr. Don Pucek stated that this sign is an integral part of the station's 285.7 business. He noted that 75% of their business is credit card customers, who often drive around looking for a Gulf station. Don Dingeldine, owner of the station, said .the sign lets people know the station is there, add if the sign is lighted, people know the station is open. He noted that Polk's Furniture and the Underwood building block the view for those coming down Dickson Street from both directions since the buildings are so close to the road. Mayor Todd noted that for this sign to comply with the ordinance, it would 285.8 have to be moved back 22 feet. Linda Dingledine commented that if the sign were moved back 22 feet, it would not be tall enough to be seen over the adjacent buildings. Director Colwell suggested the sign could be set back approximately 18 285.9 feet, in line with the gasoline pump island,. and would then be visible from one direction and partially visible from the other direction. Director Osborne disqualified himself from voting on the two sign appeals 285.10 submitted by Gulf Oil Company and the sign appeal submitted by the Hi -Way Inn. Director Sharp noted that the Exxon station east of this property is in 285.11 conformance with the sign ordinance and he feels an effort should be made to bring this Gulf Oil sign closer to compliance. Mayor Todd noted that the Board had previously denied a variance for the Texaco Station on Dickson Street. Director Lancaster asked Dingledine if he was aware of the City's sign 285.12 ordinance when he purchased the property and Dingledine confirmed that he was aware that there was a sign ordinance. He said he needs to keep the sign and would be agreeable to moving it back in line with the pump island, rather than having to take it down. Director Colwell moved to allow a variance for the sign to be relocated 285.13 in line with the pump island at one end of the island adjacent to the canopy. Director Noland seconded the motion. 286 2-21-80 286.1 Mr. Dingledine noted that the sign belongs to the Gulf Oil Company and Mr. Pucek said he would have to discuss the moving of the sign with Gulf Oil and asked that they table a decision on the appeal until he has had an opportunity to do so. Director Colwell withdrew his motion and Director Noland withdrew his second. 286.2 Director Colwell then moved to table a decision on the appeal. Director Noland seconded this motion. The city attorney advised that the Board could vote on the motion to grant the variance and if Gulf Oil was not willing to relocate their sign as provided for in the variance, they could take it down or request to come back before the Board. 286.3 Director Colwell then withdrew his motion to table and Noland withdrew his second. Director Colwell moved to allow a variance for the sign to be relocated in line with the pump island (approximately 17 feet back) at one end of the pump island canopy. Director Noland seconded this motion and the recorded roll call vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, and Noland. Nays: None. Disqualified himself from voting: Osborne. The mayor declared the motion passed and the variance granted. SIGN APPEAL: GULF OIL COMPANY / 2408 N. COLLEGE AVENUE 286.4 Mayor Todd explained that Gulf Oil has also requested a variance from the provisions of the sign ordinance to allow a sign located at 2408 North College Avenue to remain. The sign is a 25 square foot free-standing sign set back 4 feet from the property line and the ordinance requires 22.5 feet setback for a sign of this size and height. 286.5 Mr. Pucek asked that they be allowed a variance to move the existing sign 12 feet back in line with the existing outside pump island. He said this would put the sign back approximately 16 feet rather than the 22 feet required by the ordinance. 286.6 Director Henry moved to grant a variance to allow the sign to be relocated to the center of the outside pump island. Director Sharp seconded this motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Disqualified himself from voting: Osborne. The mayor declared the motion passed. SIGN APPEAL: HI -WAY INN MOTEL / 1140 NORTH COLLEGE AVENUE 286.7 An appeal from the provisions of the sign ordinance had been submitted by Rex Benham d/b/a the Hi -Way Inn Motel located at 1140 North College Avenue. The petitioner requested authorization to allow a 110 square foot free-standing sign to remain setback 18 feet from the property line. 286.8 Rex Benham said he doesn't feel he can move the sign back to conform. He said he would like to keep the bulletin board portion of the sign so he can adver- tise room rates and the portion that designates the structure as the Hi -Way Inn. Benham said the majority of his rentals are on a weekly basis. 286.9 Director Henry suggested Benhan could purchase a new conforming sign. Benham explained that there are trees near the sign and in the summer, spring, and fall, you can barely see the existing sign and would not be able to see a smaller sign. He said he did not feel he could accomplish what he is trying to do with a 16 -square foot sign. 286.10 Director Henry said she would have problems allowing more than the "Hi -Way Inn" part of the sign. 1 • 2-19-80 287 Sign Inspector John Dietzen said the areas of the signs are: 31 square 287.1 III feet for the bulletin board; approximately 4 square feet for the vacancy/no vacancy sign; and 45 square feet for the Hi -Way inn portion of the sign. Following discussion, Director Henry moved to allow the variance for the 287.2 bulletin board sign and the vacancy/no vacancy sign only, or if the petitioner desired, he could take this sign down and put up a 16 square foot conforming sign at the same location. This would be allowing a total of a 37 square foot sign. Director Colwell seconded this motion. Director Noland said he would feel better about the sign being moved back 287.3 an additional 7 feet. Noland contended that a variance from 16 square feet to 37 square feet is a large variance. The mayor called for a vote on Director Henry's motion. The recorded vote 287.4 0) was: O Ayes: Todd, Colwell and Henry. CO Nays: Sharp, Lancaster, and Noland. Disqualified himself from voting: Osborne. 0 The mayor declared that the motion had failed to pass. 287.5 ricr Director Lancaster then moved to allow the variance for the bulletin board 287.6 Q portion of the sign if moved back 7 feet, or as far back as possible near the building. Director Noland seconded this motion. Rex Benham stated that there would be a great deal of expense to move 287.7 the sign back only 5 to 7 feet. Director Noland pointed out that many businesses on Highway 71 have already conformed and he feels the Board needs to be fair to those people as well as try to work out a compromise with existing sign owners. The recorded vote on Lancaster's motion was: 287.8 II/Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland. Nays: None. Disqualified himself from voting: Osborne. The mayor declared the motion passed. SIGN APPEAL: ROADRUNNER SERVICE STATION_ Mike Cravens, district supervisor for Roadrunner Service Stations, was 287.9 present to represent an appeal from the provisions of the Sign Ordinance for a sign located at 357 North College Avenue. He had requested permission to allow an existing 46 square foot free-standing sign to remain 5 feet set back from Lafayette Street and 10 feet from North College. Cravens stated that self-service gasoline stations are aovery competitive 287.10 - business and • to be competitive it is essential that you are able to post current prices. He said Roadrunnerrhas spent a great deal of money on this sign so they can post prices. After purchasing the property in 1976, Road- runner spent $4,700 in March of 1977 to update the sign and light it. Since this time they have been able to amortize approximately $2,200 of this cost which leaves about $2,500 remaining. He suggested they could be granted a variance until they have had an opportunity to amortize the remaining cost of improvements to the sign. Cravens stated further that it is virtually impossible to move the sign 287.11 back into conformity due to the canopy. He said the sign is extremely impor- tant to the station's day to day business. Responding to the directors, John Dietzen said the company would have been 287.12 allowed to improve a non -conforming sign in 1977, but could not have increased the size. Director Osborne asked if it would be possible to use this sign at another 287.13 Roadrunner Station and install a conforming sign at the Fayetteville station. 288.1 288.2 288.3 288.4 288.5 288.6 288.6 288.7 19-80 288 Mayor Todd suggested they could move the sign back near the pump island which would be approximately 30 feet from College Avenue and 25 feet from Lafayette. Cravens was concerned that this would impede the flow of traffic. He also noted that it would be expensive to relocate the sign to this area. The city attorney stated that the cost of relocation is one of the factors which the Board can consider when discussing a possible variance. Cravens said if they were allowed to leave the sign in its present location and amortize it to the extent of its life, then they would be willing to take it down. City attorney McCord said the Board could grant a variance as discussed and if Roadrunner felt the cost of relocation was too great they could request to come back before the Board. Director Lancaster moved to grant the variance to allow the existing sign to be relocated in line with the outside pump island, which is approximately 30 feet from College Avenue and 25 feet from Lafayette. Director Noland seconded the motion. Cravens said he felt this relocation would be a possibility the company would consider if it does not impede traffic flow. Director Colwell suggested that most Fayetteville residents are aware of Roadrunner's prices as compared to other service stations. The recorded vote on Director Lancaster's motion was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Nays: None. The mayor declared the motion passed. SIGN APPEAL: MALCO THEATRE /N. COLLEGE & ROLLING HILLS Mike Thomson was present on a sign appeal submitted by Malco Theatres for a sign located near the intersection of North College Avenue and Rolling Hills Drive. The petitioner was requesting permission to relocate the existing 291 square foot sign to 40 feet back from College Avenue. 288.8 Mike Thomson stated that they have a unique situation in that they have two features showing at the theatre. He noted that all new signs installed by Malco Theatres have conformed to the sign ordinance. 288.9 Mayor Todd explained that the ordinance would allow a 117 square foot sign at the 40 foot setback line. He noted that Thomson had in his letter indicated that the sign is for advertising. Thomson explained that they need to advertise what is showing at the theatre. 288.9 Sign Inspector John Dietzen commented that any building which has two or more businesses could be classified as a shopping center and would be allowed more signs as Joint identification. 288.10 Mayor Todd asked Thomson if he has anything to substantiate that business would be lost if the signs were removed add Thomson said he feels people have to drive through the parking lot at the Razorback Theatre to see what is playing, since the sign is on the building itself. 288.11 Sign hspector Dietzen stated that the "Malco" portion of the sign is 83 square feet and the bulletin board portion is approximately 208 square feet. Thomson commented that the other theatre locations have signs on which they can place advertisements of what is playing. 288.12 Harold Bossman stated that the theatre would lose about 50% of their business should they not have a sign on which to post what is playing. He said this has been found true in many cases. 1 2-19-80 289 Director Henry moved to allow the property owner to leave the portion 289.1 of the sign "Malco Theatre" only at its present location. Director Noland seconded the -motion. "Mr...-homson said" -;this would be useless and he did not want this varinh1teH Director Henry then withdrew her motion and Noland with- drew his second. Director Noland then moved to deny the request. Director Henry seconded 289.2 the motion. The recorded vote was: Ayes: Sharp,Todd, Colwell, Henry, Lancaster, Noland„ Osborne. Nays: None. The mayor declared the motion passed. SKATING RINK PARKING REVISION REQUEST Q) A request for a revision in the parking requirements of skating rinks 289.3 0 had been submitted by David Carter which would allow one parking space per CO 200 square feet of skating space rather than one parking space per 200 square ® feet of total floor area. - No one was present to represent the request. 289.4 Q Director Lancaster.noted that the Planning Comniission had recommended 289.4 Q the request be denied and moved the ordinance revision request be denied. Director Noland seconded this motion. Mayor Todd commented that he had had a number of people complain about 289.5 there not being enough parking spaces at the skating rink. He noted that Carter had indicated at the Board of Adjustment meeting that he had had as many as 500 people there at one time. The other directors also agreed that parking does not seem to be adequate at this particular skating rink. The recorded vote on the motion was: Ayes: Todd, Colwell, Henry, Lancaster., Noland, and Osborne. 289.6 Nays: None. Abstain: Sharp. The mayor declared the motion passed. 289.7 TOURISM BONDS / BASSETT'S MOUNTAIN INN A resolution was proposed authorizing the execution of a memorandum of 289.8 intent between the City and Edmiston-Prewitt Development Company regarding the issuance of $3,500,000 in Act 380 Tourism Revenue Bonds. Under the terms of this memorandum the City would agree to issue the bonds to finance the rennovation of the Bassett's Mountain Inn. Claude Prewitt explained that they are hoping to completely renovate the 289.9 building and are asking for the same type of financing as given to the Hilton Hotel developers. Mayor Todd questioned the financial backing of the investors beyond the 289.10 building itself. Claude Prewitt explained that he and _+ bond counsel from Little Rock had met with the city attorney recently and decided that a memoran- dum of intent should be authorized before they proceeded further with the project because any expenses incurred before the memorandum of intent is authorized would not be reimbursable. The city attorney commented that the investors would need a separate guaran- 289.11 tee which stated that the bond holders would have recourse to the individual in- vestors and would need individual financial statements furnished for each investor. Prewitt commented that they had had indications from the bond counsel that 289.12 they would require $10,000,000 net worth excluding the building itself. He stated further that the Hilton people have encourage them to proceed with the project as they feel another hotel would be needed which could be less expensive and could be used when there is an overflow from the Hilton. 290 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 2-19-80 Mayor Todd asked if the renovation of the store fronts could be done with the "tourism bonds" and the city attorney said the bond counsel had indicated they were comfortable with the entire proposal. The city attorney explained that if the official statement reflects that there is even a minimal question of default the bonds would not be saleable. McCord stated that the bond counsel had indicated that default on this type of bonds would have absolutely no effect on marketability of general obligation or water and sewer revenue bonds. In response to Director Noland who questioned if the Board could withdraw their support after the memorandum of intent has been authorized, the city attorney stated that if the investors cannot put together an investment sheet which would make the bonds saleable, the investors would not come back in and try to proceed with the project. Claude Prewitt said that $3,500,000 would be a maximum amount required and would include the purchase price of the building itself. Director Noland said he would feel more comfortable with concurrence from the owners of the Hilton as this would be competition for them. Claude Prewitt said he had talked with Garland Melton and Clark McClinton who had indicated they feel there is a need for additional housing to serve the Continuing Education Center. Director Osborne moved the resolution authorizing the memorandum of intent be approved including a requirement that the investors have a net worth acceptable to the underwriters and Board of Directors. Director Henry seconded this motion. The recorded vote was: Ayes: Sharp, Todd, Henry, Lancaster, Noland, and Osborne. Nays: Colwell. The mayor declared the motion passed. RESOLUTION NO. 18-80 APPEARS ON PAGE 257 OF ORDINANCE AND RESOLUTION BOOK VIII. REZONE PROPERTY: FAIRVIEW MEMORIAL GARDENS / HWY. 45 EAST Bill Harrison explained that he is requesting a rezoning of Fairview Memorial Gardens so that a mausoleum could be built within the cemetery and if they chose to do so, an office could be built for the cemetery at a later date. He noted that they are currently R-1, which does not allow anything except burials. Mayor Todd commented that the Planning Commission has reviewed and recommended approval of this rezoning. The city attorney read the ordinance for the first time. Director Lancaster, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Noland, seconded by Lancaster, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote on this motion was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. The city attorney stated that a cemetery is a use by right in the A-1 zoning district and said he feels the Planning Office could approve an appropriate office to be built in conjunction with the cemetery. The mayor then called for a vote on the ordinance The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2602 APPEARS ON PAGE 135 OF ORDINANCE AND RESOLUTION BOOK VIII. 1 1 2-19-80 MASTER STREET PLAN / 1405 'NORTH GREGG 291 A request had been submitted by Mr. Harold Bemis forOa parcel of property 291.1 located at 1405 North Gregg Street for a reduction in the Master Street Plan. The Master Street Plan requires that 40 feet right-of-way from the centerline of North Gregg Street be dedicated, however, this would put the right-of-way line in the middle of the front porch of the property. The Planning Commission had recommended denial of the petitioner's request to amend the Master Street Plan for a lesser dedication. City Manager Don Grimes recommended that the City require 30 feet as right- 291.2 of -way from the centerline of Gregg Street and also a temporary construction easement of 10 feet until the street is completed, with the understanding that no portion of the house will be disturbed during the construction. Director Henry, seconded by Osborne, moved the manager's recommendation 291.3 be approved. The recorded vote was: Q) Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. 0 Nays: None. CO The mayor declared the motion passed. EASEMENT SETBACK AMENDMENT Q An ordinance had been recommended by the Planning Commission which would 291.4 Q delete the requirement that buildings he set back from easements and alleys. The city manager recommended that the setback be amended to be 10 feet from the centerlines of alleys and easements. He said the sanitation superintendent has indicated he will need at least 20 feet to maneuver the sanitation trucks. The city attorney then read the ordinance for the first time with the 291.5 change as recommended by the city manager. Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance 291.6 for the second time. Director Osborne, seconded by Henry, moved the rules be further suspended 291.7 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance 291.7 for the third and final time. There being no discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2603 APPEARS ON. PAGE 136 OF ORDINANCE AND RESOLUTION BOOK VIII. CHILD CARE FACILITIES ORDINANCE AMENDED The city 'attorney read an ordinance clarifying the conditions for child 291.8 care facilities He noted that the ordinance was recommended by the Planning Commission. Porter W. Stone expressed opposition to child care facilities in the R-1 291.9 zoning district. He noted that under the home occupation provision, there is no requirement for a follow-up to make sure that the facility is limited to six children, as this ordinance would requiirejand the City does not have the mechanism for policing the facilities._ Mayor Todd said Planning Administrator Bobbie Jones had indicated they are 291.10 not changing the ordinance but - are clarifying it to restrict the number of children which can be kept. 292 292.1 292.2 292.3 292.4 292.5 2-19-80 Director Henry noted that there is no state standard applicable if a person keeps six or fewer children. Director Noland asked if a child care facility would increase the traffic and people in the audience indicated it would. City Attorney McCord pointed out that an increase in traffic is one basis on which the Planning Commission may deny a home occupation in the R-1 district. Director Henry, seconded by Sharp, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. 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 and the ordinance placed on second reading. The recorded vote was: Ayes: Sharp, bdd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. The mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2604 APPEARS ON PAGE 131 OF ORDINANCE AND RESOLUTION BOOK VIII. HOME OCCUPATIONS AMENDMENT / CHILD CARE FACILITIES 292.6 The city attorney then read an ordinance amending the home occupations ordinance times 292.7 Director. Noland, seconded by Todd, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 292.8 Director Henry, seconded by Todd, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 292.9 Director Noland moved the ordinance be amended to provide that home occupa- tions may be open from 7:30 a.m. until 5:30 p.m. Director Osborne seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the amendment passed. He asked the city attorney to incorporate the wording "that such a variance will not adversely effect the health, safety, peace, tranquility, or welfare of the neighborhood". He then called for a vote on the ordinance. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the ordinance passed. 292.10 Director Osborne, seconded by Henry, then moved that the emergency clause be adopted. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed. ORDINANCE NO. 2605 APPEARS ON PAGE I38 OF ORDINANCE AND RESOLUTION BOOK VIII. 1 1 2-19-80 293 RAILROAD CROSSING ORDINANCE The city attorney distributed copies of an ordinance governing the operation 293.1 of railroad warning devices. He noted that the latest revision provided that the time period would begin after a "diligent attempt to notify" the railroad that the signal was malfunctioning. The city attorney read the ordinance for the first time. Director 293.2 Osborne moved the rules be suspended and the ordinance placed on second reading. Director Noland seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance 293.3 for the second time. Director Osborne, seconded by Henry, moved the rules be further suspended 293.4 Q) and the ordinance be placed on third and final reading. The recorded vote was: 0 Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. CO Nays: None. 0 The mayor declared the motion passed and the city attorney read the ordinance 293.5 for the third and final time. Q Director Colwell indicated he is still concerned about the one hour to 293.6 Q correct the malfunction and asked who would sit and watch the signal flash continually for one hour in order to file a violation notice on Frisco. Attorney Tom Burke said it would take an hour to get someone there to fix 293.7 the signal. The city attorney recommended an amendment to add "but no train can be seen from the crossing approaching or leaving the crossing". The mayor then called for a vote on the ordinance including this amendment. 293.8 The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2606 APPEARS ON PAGE 134 OF ORDINANCE AND RESOLUTION BOOK VIII. HOSPITAL BONDS An ordinance had been proposed authorizing the issuance of $1,376,000 in 293.9 General Obligation Bonds to finance improvements to the Fayetteville City Hospital. The city attorney noted that this bond issue had been approved by the voters previously and when the market gets favorable, they will try to sell the bonds. The city attorney then read the ordinance for the first time. Director Osborne, seconded by Henry, moved the rules be suspended and the 293.10 ordinance placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and City Attorney Jim McCord read the 293.11 ordinance for the second time. Director Osborne, seconded by Henry, moved the rules be further suspended 293.12 and the ordinance be pldced on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There !being no furtherrdiscussion, the mayor asked if the ordinance should 293.13 pass. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, and Osborne. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2600 APPEARS ON PAGE 110 OF ORDINANCE AND RESOLUTION BOOK VIII. 2-19-80 294 NWARPC PLANNING AGREEMENT 294.1 A resolution was proposed authorizing the mayor and city clerk to execute an agreement with the Northwest Arkansas Regional Planning Commission for the rendering of technical and professional services. City Attorney McCord recommended that the word "calculated" be amended to reflect "negotiated" and that paragraph 6 referring to liability be stricken. 294.2 With these amendments, Director Osborne, seconded by Noland, moved the resolution be approved. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 17-80 APPEARS ON PAGE oi5 40F ORDINANCE AND RESOLUTION BOOK VIII. CD STREET STANDARDS REDUCTION 294.3 Community Development Director Rick Mason was present to represent a request by the Community Development Department for authorization to reduce the street standards to allow a 27 foot back to back street for Seventh Street from College to Locust, Sherman from Fifth to Huntsville Road, and Fifth from Sherman to Happy Hollow and if necessary, a 20 foot radii in order to stay within the existing rights-of-way. Mason said the streets would still have curb and gutter installed. 294.4 Director Lancaster, seconded by Osborne, moved the recommendation of the CD Director be accepted. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed. BID AWARD / POLLUTION CONTROL PLANT BULLDOZER 294.5 City Engineer Don Bunn recommended bid for a new bulldozer for the Pollution Control Plant be awarded to Scott Equipment Company, low bidder, for $13,938. He explained that it would cost $6,000-$7,000 to repair the old bulldozer, there- fore he is recommending they buy the new bulldozer. Bunn asked that the money for the purchase be taken from the Reserve Fund. 294.6 Director Lancaster, seconded by Henry, moved the city engineer's recommendation be approved. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed. OMNI ACOUSTICAL SHELL / BID AWARD 294.7 The city manager acknowledged correspondance from Billie Jo Starr who feels this Omni Acoustical Shell will best serve their needs. The city manager recommended they place the shell in the custody of the symphony group. 294 8 The city attorney read an ordinance waiving competitive bidding requirements for the purchase. Director Osborne, seconded by Noland, moved the rules be sus- pended and the ordinance placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 294 9 Director Noland moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 1 1 1 2-19-80 The mayor asked if the ordinance should pass. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the ordinance passed. 295 295.1 ORDINANCE NO. 2607 APPEARS ON PAGE 308 OF ORDINANCE AND RESOLUTION BOOK tel. SX Director Colwell then moved the bid be awarded as recommended. Director 295.2 Todd seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed. 0) OTHER BUSINESS 0 ADVERTISE FOR BIDS / AIRPORT PARKING FACILITY / AIRPORT CONCESSIONAIRE / HEALTH INS. 03 City Manager Grimes asked for authorization to advertise for bids for 295.3 0 the following: 1) airport restaurant operator for the new terminal building ($12.00 per square foot plus a percentage of gross sales; 5 year contract with Q a provision for annual renegotiation; to operate a minimum of 12 hours per day, Q 7 days per week) 2) a concessionaire to operate the parking facility at the airport .(to be bid as an annual minimum payment or a percentage of the gross, whichever is greater); and 3) health insurance bids, including an alternate bid for dental care and life insurance. Mayor. Todd questioned if the City should attempt to control the prices 295.4 charged by the restaurant, and if the City should try to make sure there is only a "reasonable profit" being made. Director Lancaster moved the city manager be authorized to advertise for 295.5 I bids as requested. Director Noland seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne. Nays: None. The mayor declared the motion passed. 1 EMS Following discussion, Mayor Todd stated that if the Washington Regional Medical Center Board of Governors returns the $22,500 left from the $60,000 originally given for a new ambulance arid equipment, this amount would be loaned to the Central Emergency Medical Service to use as they see fit. At a later date, this loan would be reviewed by the City Board with the hope of converting it to an outright grant based on the financial response and cooperation to the CEMS by the Quorum Court and the Washington Regional Medical Center Board of Governors and the CEMS service area outside the immediate area. Director Noland moved Todd's statement be approved as the feelings of the Board. Mayor Todd seconded the motion. The recorded vote was: Ayes: Sharp, Todd, Henry, Lancaster, Noland, Osborne. Nays: None. Abstain: Colwell. The mayor declared the motion passed. 295.6 295.7 HUD RESPONSE The Board acknowledged the proposed response to HUD included as Informational 295.8 Item G in the director's agendas. EPA RESPONSE Director Noland said they had changed the classifications of Ernest Lancaster 295.9 and Bill Parette to be "public officials" on the EPA Committee recently established. City Engineer Don Bunn noted that some concern had been expressed by EPA about 296 2-19-80 296.1 Attorney Lynn Wade being classified as a "private citizen" and Wade had indicated he would be glad to resign from the committee. Bunn recommended, however, that he remain on the committee as a "private citizen". Bunn noted that there had been some concern expressed about public officials being on the committee but it has been determined that the intent was that public elected officials be represented on the committee. 296.2 Mayor Todd also acknowledged a letter from Doc Murray. City Engineer Don Bunn stated that Starr, Parette, and Hoffman would look toward those things which Murray was concerned about. Mayor Todd asked the city manager to respond to Murray's letter. Director Henry also asked that Todd respond to the EPA letter. RULES OF ORDER AND PROCEDURE 296.3 No amendments or revisions were deemed necessary to the Rules of Order and Procedurefor the Board of Directors. PARKING IMPROVEMENTS 296.4 City Manager Grimes said the parking district would be proceeding with their proposed improvements for everything except the Penney's lot at this time and aniordinance would probably be presented at the next Board meeting for an increase in parking rates. 296.5 Grimes said the parking district has indicated they are staying in touch with the downtown merchants and said there will be some public notice before the next meetingof the proposal. Grimes said parking around the square would still be free. Director Todd asked if the back portion of Lot #1 should be used only for "long-term" parking. Grimes responded that much of Lot #1 is now used for long-term parking. 296.6 Director Osborne noted that there is not much parking available on the northeast side of the Square. MINUTES 296.7 The minutes of the February 2, 1980 meeting were approved as submitted. ADJOURNMENT 296.8 There being no further business, the meeting adjourned at 12:22 A.M. 1 1 1