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HomeMy WebLinkAbout1980-03-04 Minutes1 1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the City of Fayetteville, Arkansas, was held on Tuesday, March 4, 1980, at 7:30 P.M. in the City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor John Todd, Richard Osborne, Jim McCord, City David McWethy. ABSENT: 297 Directors Phil Colwell, Ann Henry, Ernest Lancaster, Frank Sharp, City Manager Don Grimes, City Attorney Clerk Angie Medlock, and Administrative Assistant Director Paul Noland. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following a moment of respectful silence and roll call, the mayor called 297.1 for consideration of the first item of business. DOWNTOWN PARKING A public hearing was held to consider the proposed distribution of short 297.2 and long term parking spaces in the downtown area, and a proposed revision of parking fees and fines. The city attorney outlined the progress of parking lots in the downtown 297.3 area. He explained that the City is not concerned in any way with the parking lots of Off -Street Parking District #1 and has no control over the parking district. He explained further that the parking improvement district was formed by petition by a majority of the downtown property owners to create parking areas, and benefits are assessed against the downtown property owners, as provided by statute. The commissioners had submitted their plans for improvements to the Board and the Board of Directors had passed the necessary ordinances to establish the district and assess the benefits. He stated that the City had, in the meantime, proposed a Continuing Education Center, on the northeast corner of the Square, to be built and leased to the University of Arkansas, and independent developers are proposing to build a Hilton Hotel adjacent to the Continuing Education Center. He said in conjunction with this project, the City had obtained a recommendation from a parking consultant, Young, Hadawi, and DeShazo, to submit a parking analysis and recommendation regarding the most effective utilization of available parking sites in the downtown area. They had recommended certain changes, such as a revision in the use of the lots, to provide long-term as well as short-term spaces; a revision in the parking rates, and an increase in the parking fines. City Manager Grimes explained the proposals for the lots located on 297.4 the Square as follows: Lot #1 (116 spaces) located behind Campbell Bell, is recommended for 297.5 short-term parking --10¢ per hour; maximum 2 hours. Lot #12 (26 spaces) on the southwest corner of Center and Church Streets is proposed for alternate parking --either 10¢ per hour; 25¢ per four hours, or 50¢ for all day. Lot #2 (22 spaces) behind the old Penney's store is proposed for short- term (:88 spaces) remaining are proposed for long-term. .Lot .#3 (24 spaces) across East Street from the Penney's lot is proposed to provide short-term parking. Lot #5 and the lot south of Meadow and east of East Avenue, are proposed to beoowned by the City and have valet parking for the CEC and hotel, 298 298.1 3-4-80 with the charge to be 25e for the first half hour and 10e for each additional half hour with a maximum $1.25 per 24 hours. This will provide 275 spaces. He noted that they had originally planned to build a parking garage on the large lot, but do not have funds available at this time. Lot #6 (171 spaces) on Church Avenue between Meadow and Center Streets is proposed for one row of short-term spaces (37 spaces) and two rows of long-term spaces (134) (50' entry at the gate). 298.2 City Manager Grimes further explained that the on -street meters would remain short-term with rates of 10e per hour, 2 hour maximum, and the parking on the Square itself would remain free. 298.3 Garland Melton commented that with the revised plans they will be providing 313 spaces and they had originally had only 188 before having an engineer redesign the lots to get the maximum usability of the spaces on three of the lots. 298.4 Jim Reese, with Campbell Bell, said the Downtown Fayetteville Unlimited had appointed a committee of retail merchants of which he is chairman, to review the parking proposals. He said they are proposing that 1) Lot #6 -- the two parking lanes on the west side to be served with gates - the other three parking lanes to have short-term parking with two-hour meters; 2) that parking fines be increased to $2.00 but there be no automatic increases to $3.00 and $5.00 without serious discussions involving the downtown businesses; and 3) that monthly parking permits be prohibited on any short-term parking meters. He commented that the retail merchants feel Lots #1 and #6 are most important for customer parking. 298.5 Ann Ahern commented that the parking proposed for the Hilton Hotel located directly behind Center Street on Meadow, will not be sufficient. She pointed eutthat the Hilton developers had received a variance from the Board of Adjustment to allow them to use a lesser number of spaces than what the zoning ordinance requires. She asked where the Hilton customers and employees would park and expressed concern about the employee and customer parking for Center Street businesses who will be losing the parking lot they are currently using. 298.6 City Attorney Jim McCord commented that the Hilton will have 244 spaces (off-site) which is what is required by ordinance, however, they did receive a variance to use smaller parking space sites and lesser aisle widths in conjunction with the valet parking to get the maximum use of the lots. 298.7 Ahern asked if the City shouldn't have some responsibility for providing parking for the Center Street businesses. City Manager Grimes responded that the City had purchased the "Green" lot for the Continuing Education Center. He noted that it had been for sale for a while, and anyone could have bought it. Ann Ahern said she feels Fayetteville residents did not oppose the Hilton and Continuing Education Center projects because they felt the parking garage would also be built to provide adequate parking for the two facilities. Ahern said she feels parking for the Hilton and CEC projects will be provided at the expense of the Center Street businesses. 298.8 Roy Clinton commented that the City's support of the CEC and Hilton will "turn the downtown area around". He said he feels, however, they should use some punitive measures on those people parking more than two hours on the short-term spaces and taking advantage of the free spaces on the Square. Clinton commented that there would always be parking problems on the Square but the City is addressing the problem. 1 1 3-7-80 299 Ronnie Woodruff also expressed concern about the shortage of parking 299.1 spaces on Center Street. He said they need parking for customers and clients coming to their place of business and it is not fair that Center Street employees should have to pay $1.25 to park their car and people on the other side of the Square can park their car all day for 50t. Bill Isaacs said there are in excess of sixty employees for those 299.2 businesses on the north side of Center Street between College and Mcllroy Bank, most of which currently park on the "Green" parking lot which the City has purchased for the CEC. He said if that lot is no longer available, there would not be sufficient parking for those persons. He said these people may have to park their cars as far away as Dickson and Church Streets. Garland Melton said the proposed parking plan cannot work without the 299.3 Q) cooperation of the City, the legal community, and the downtown merchants. O He said up to this date, they have not had the cooperation of the legal a) community. He said at the retail merchants meeting, everyone realized and Q agreed that to make the parking situation work, they are going to have to acquire more ground for employee parking. With everyone's cooperation, he Q contended, they could obtain more parking areas. He suggested they could try Q the proposals as suggested for 12-18 months, and if a need is shown for more short-term or more long-term parking, they could change the meters or gates. Melton agreed with Grimes' recommendation that the lot behind Campbell Bell be used entirely as short-term. Responding to Mr. Reese, he said he feels before they could take any long-term parking from Lot 6, they should be in a position to provide additional long-term spaces. The city attorney pointed out that the City does not have any control 299.5 over Lot #6, since it is owned by the Parking Improvement District. Reese stated that Lot #6 is very important for customer parking and should be short- term. Reese also pointed out that Al Eason has 101 parking spaces available for lease at $5.00 per month on his lot on the southwest corner of Mountain and Church Streets. Mrs. Swift asked where the money collected for parking for the last 299.6 10-15 years has gone and Garland Melton responded that Downtown Fayetteville Inc. has put more than $200,000 into lease payments for parking lots. He said if there was not enough money to make the lease payments, the merchants and banks would pay the differences. He noted that some of the money had also been used to acquire additional parking areas. In response to the mayor, Garland Melton said they could convert some of 299.7 the long-term spaces to short-term if other long-term spaces are acquired. City Manager Grimes commented that there will be 529 short-term parking spaces in the downtown area. Dave Fulton suggested that a meeting be held between some representatives 299.8 of the City Board, the downtown merchants and legal profession, and the Downtown Parking District to try to agree on the best use for the parking spaces available. City Manager Grimes and Garland Melton indicated they would be willing to do this. City Manager Grimes indicated he agreed with the suggestion from the 299.9 Downtown Fayetteville Unlimited committee with regard to the parking fines. He said they are also going to stop using the parking stickers and require that those persons either park at meters or have cards to park in the long- term lots. 300 3-4-80 300.1 City Attorney McCord advised that there would need to be amendments to existing ordinances to incorporate the Board's desires concerning the parking areas owned by the City. The Board indicated no objections to the increase in parking rates or the use of the parking lots as set out by the city manager. They also indicated they are ready to proceed to increasing the parking fines to $2.00 if not paid within 24 hours of receiving the ticket. The Board also agreed that Lot #1 should be all short-term at this time. Garland Melton said they could phase the long-term parking on Lot #6 as the need develops. The mayor asked the city attorney to draft the necessary amendments and bring the proposed ordinances back before the Board. REZONE PROPERTY: FARRISH & HAYS / 45 East & 265 300.2 Mayor Todd stated that an ordinance rezoning a 4.5 acre parcel of property located 160 feet south of Highway 45 East and 1,320 feet west of Highway 265 North (Crossover Road) had been submitted by Frank Farrish and J. B. Hays. The property owners had requested rezoning from R-1, Low Density Residential to R-2, Medium Density Residential District and the Planning Commission had recommended approval by an 8-0 vote. 300.3 Claude Prewitt explained that R-2 had previously been approved for the property directly fronting on Highway 45 and they are now requesting the additional 4.5 acres to the north be rezoned as R-2. 300.4 The city attorney read the ordinance for the first time. Director Henry, seconded by Todd, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Sharp. Nays: None. Absent at Roll Call: Osborne. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 300.5 Director Henry, seconded by Sharp, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Sharp. Nays: None. Absent at Roll Call: Osborne. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 300.6 There being no public opposition expressed, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Sharp. Nays: None. Absent at Roll Call: Osborne. Absent: Noland. The :payor declared the ordinance passed. ORDINANCE NO. 2601 APPEARS ON PAGE 134 OF ORDINANCE AND RESOLUTION BOOK VIII. VILLAGE FAST - SUBDIVISION STANDARDS 300.7 The Board next considered two requests regarding the design standards in the proposed Village East Subdivision: The Planning Commission had recommended approval of the waivers by a 6-2-1 vote. The property owners had requested: 1 1 i 3-4-80 1) that sidewalk requirements be waived to allow, as an alternative to sidewalks on one side of each street and around the culs-de-sac, a sidewalk along Highway 45 for the entire frontage of the property; and along both sides of the main (divided lane) street into the subdivision; and 2) that the Board designate either through an ordinance at this time, 301.2 or a resolution indicating its intent in the future, that there will be no parking allowed anywhere on Village Avenue. The Planning Commission had voted to allow a divided -lane street, 18 feet wide, if the Board would designate the street as a "no parking" area. Developer Claude Prewitt explained that they are proposing to construct 301.3 a divided -lane street in lieu of a regular 31 -foot back to back street. He Q) said they are also proposing the alternate sidewalk pattern as there will be 0 a low density in the subdivision itself and they do not feel a sidewalk on CO the inside streets is needed as much as a sidewalk on Highway 45 and on both Q sides of the divided street, as the divided street may at some time serve as a connecting street: Q Mayor Todd asked if there would be any driveways onto the divided street 301.4 and Prewitt said property owners would probably put the driveways onto the side streets rather than the main street. He said the Planning Commission had addressed this issue, however, they felt if the divided street were desig- nated as "no parking" there would not be a problem with driveways onto the main street. Following discussion, Director Henry moved to approve the variances as 301.5 requested. Director Colwell seconded the motion. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. 301 301.1 REZONING APPEAL: J. A POOL and E. M. POOL Mayor Todd explained an appeal from a Planning Commission decision had 301.6 been filed by Mr. and Mrs. J. A. Pool and Mr. and Mrs. E. M. Pool for a rezoning petition for a 3.8 acre parcel of property located at the northeast corner of the intersection of North Garland Avenue and Sycamore Street. The property owners were requesting the property be rezoned from R-1, Low Density Residential to R-2, Medium Density Residential District and Planning Consultant Larry Wood had recommended the rezoning be approved. Engineer Ervan Wimberly stated that he felt he was not adequately pre- 301.7 pared at the Planning Commission meeting and a petition in opposition, of which he was not aware, had been presented shortly before the meeting. Wimberly said the rezoning agrees with the use shown on the General Land Use Plan map. He presented a map showing the R-2 property in this area and com- mented that most of the property from North Street to the University farm' and east to the railroad tracks is almost entirely R-2, R-3, or commercial. He noted that theopposing neighbors had said this would destroy the integrity of the single-family district. Wimberly pointed out that there had been other multi -family development in the neighborhood recently. He questioned whether the adjoining property owners were objecting because of the multi -family or because the property would be rental. He noted that according to Polk's directory, 1/3 of the single-family property in the area is rental property. 302 3-4-80 302.1 Wimberly stated that the opposition had also objected due to additional noise which would be created. He contended that a two-story structure could block some of the noise from Garland Street into the subdivision to the east. 302.2 Wimberly noted the third opposition expressed was due to the drainage problems in the area. Wimberly contended that drainage and inadequate streets should be dealt with when the development plans are submitted rather than at the rezoning level. He said in the past, street improvements have been re- quired as development takes place and, as far as he knows, the City has no plans to develop that portion of Sycamore Street. Wimberly said after deduct- ing right-of-way dedication, they could still have 15 very small single-family 302.3 lots but said money is not available to develop the 80 x 100 feet lots. Wimberly said Mr. Pool is planning to sell the south half of the property if the rezoning is approved. He commented that the Planning Commission had dis- cussedthe possibility of a Planned Unit Development, but with the setbacks required for a PUD,they would be greatly restricted. 302.4 Realtor Bryce Davis also spoke in favor of the rezoning proposal. He said Pool had purchased the property in the 196O's and has cleaned the property up. Davis said Pool would be willing to settle for rezoning only the south 264 feet if the Board would approve rezoning that amount. Wimberly said this would be a net of 1.8 acres. 302.5 Danny Wright spoke in opposition to the rezoning due to the additional noise and the increase in population density, as well as the severe drainage problems on the property in question. He stated that Sycamore Street is a very narrow street and there are no plans for expansion of Garland Avenue. Wright pointed out that the property can be developed as single-family, which it is already zoned for. Wright said the rezoning would destroy the integrity of the single family neighborhood. Wright then asked those in the audience opposing the rezoning to stand and about 20 people stood indicating their opposition to the appeal. 302.6 Charles Mullins, 1022 Bel Air Drive, spoke against the rezoning due to the traffic, pollution, and noise. He confirmed that he had talked with the Highway Department who had indicated there are no plans to expand Garland Avenue. He said the Highway Department had told him that in 1977 13,000 cars traveled Garland Avenue daily. He noted that there are also a large number of accidents in the area. 302.7 Richard Crittenden, 1773 N. Oakland, also spoke against the rezoning due to the decrease in value of the single-family property. 302.8 City Attorney Jim McCord said traffic is a consideration in approving a rezoning, but drainage problems should be considered at the large scale develop- ment level. 302.9 Director Colwell commented that much of the R-2 in the neighborhood is older homes, and the pocket of R-1 is single-family homes built since 1964. 302.10 Director Colwell, seconded by Henry, moved to deny the appeal. Director Lancaster commented that the Planning Commission, who have been appointed to look at the best use of land, had recommended 8-1 that the rezoning should be denied. The mayor then called for a vote on the motion: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed and the appeal denied. SIGN ORDINANCE AMENDMENT 302.11 Discussion on a proposed amendment to the Sign Ordinance to permit "entrance" and "exit" signs in Agricultural and Commercial zoning districts and free-standing bulletin boards in Residential districts was tabled. 3-4-80 303 SIGN APPEAL: CENTRAL TIRE / 315 W. Mountain An appeal from the provisions of the sign ordinance had been submitted 303.1 by William E. Carter d/b/a Central Tire located at 315 West Mountain, property zoned R-0, Residential Office district. The petitioner had asked permission to allow two existing roof signs to remain. Sign Inspector John Dietzen ex- plained that under the sign ordinance, the property owner could have only one 16 square foot wall sign. He noted that had the property been zoned commercial, the sign would be conforming. Bill Carter stated that he has been leasing the business since October 1, 303.2 1979, and was told when he leased the building, that the signs had been installed in conformance with the sign ordinance. John Dietzen commented that he could look at the building as two separate buildings since there is a fire wall be- l) tween the garage and the offices. He said if they looked at it in this way, he O could allow two 16 -square foot wall signs. COResponding to the directors, Carter said he would have no objection to 303.3 deleting the portion of the sign which said "distributor" and condense the sign to "Central Tire". Q Director Henry moved to allow the property owner to keep the "Central 303.4 Q Tire" portion of the sign without the word "Distributors". Osborne seconded this motion. Todd commented that they were not sure a variance is needed, but would grant a variance in case it is necessary. The recorded vote on the motion was: 303.5 Ayesl: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. The board next discussed a variance for the roof sign located on the 303.6 front of the building. Director Sharp asked if this sign could be moved lower to be below the roof line of the building, which would be allowed if the property were zoned commercial. Carter commented that he had talked to a signvcompany about this possibility and he said it would require substantial bracing as it' could not be attached to the brick wall. Director Osborne moved the sign on the front of the building be moved to 303.7 below the roof and over the window, with the word "distributor" deleted. The variance is required since the property is zoned R-0. Director Henry seconded this motion and the recorded roll call vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. The board next considered the tower sign located on top of the building. 303.8 Following brief discussion Director Sharp, seconded by Henry, moved a variance for this sign be denied. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. SIGN APPEAL: CITY LIQUOR STORE / 1428 S. School An appeal from the provisions of the sign ordinance had been submitted 303.9 by L. K. 'Wilson and. Elizabeth Ashworth d/b/a City Liquor Store, located at 1428 S. School Avenue, property zoned C-2, Thoroughfare Commercial District. • 1 3-4-80 304 304.1 The first request was to allow an existing roof sign to remain on the west side of the building, and the ordinance requires roof signs to be re- moved. The sign inspector stated that the structure on which this sign is located was shown in the original building plans as a part of the building, but it does project above the roof line of the main building approximately one foot. 304.2 Bob Ashworth stated that the highest point of the building should be construed to be the roof line and the sign does not project above the highest point of the building, thus should not be considered a roof sign. 304.3 The city attorney read the definition of a roof sign as set out in the Code of Ordinances --"any sign wholly erected, constructed, or maintained on the roof structure or parapet wall of any building." 304.4 Following a brief discussion, Director Lancaster moved the variance be granted on the basis that the sign was constructed as a part of the building. Mayor Todd asked if the sign would be conforming as a wall sign and Sign Inspector John Dietzen responded that it would be conforming in square footage, howeverthe owner would need to get a permit to allow a "wall sign". 304.5 Director Osborne stated that he considers the sign to be a roof sign, and would not vote for the sign to continue on the basis of it being a wall sign. Director Henry seconded the motion by Lancaster and the recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. 304.6 The petitioner had requested permission to allow two existing wall signs to remain on the south wall of the building and the ordinance permits a maximum of one wall sign per wall. In response to the Board, Ashworth said he could connect the two wall signs. The Board noted that if the two signs were connected, they would be conforming and no variance would be re- quired. 304.7 The petitioner had also requested permission to allow an existing 52 - square foot free-standing sign to remain setback approximately 3 feet from South School Avenue and an existing 18 square foot free-standing sign to remain 11 feet set back from Fifteenth Street. The ordinance would allow only one free-standing sign per lot. The setback for the 18 square -foot free-standing sign should be 19 feet for a sign of this size and height and the setback for the other sign should be 36 feet. 304.8 Bob Ashworth contended that the 52 square foot sign actually sets back 12 feet, 2 inches from the street surface. Dietzen commented that he had measured as close as he could from the property line, however due to street construction it was difficult to establish the property line. He said the sign may possibly be 4 - 4; feet from the property line. 304.9 John Dietzen said the building is approximately 40 feet back from the property line and the sign may require some variance even if it is moved back to the building. Ashworth said if the sign is moved back to the building, customers would not be able to get in and out. 304.10 Director Henry moved to deny variances for the two free-standing signs. Director Osborne seconded the motion. Responding to Mr. Ashworth, the mayor explained that the Board must balance the interest of the private party with the interest of the public. The recorded vote on the motion was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. 1 1 1 3-4-80 305 SIGN APPEAL: KINCAID & CO. 333 N. COLLEGE AVE. An appeal from the provisions of the sign ordinance had been submitted 305.1 by Kincaid and Company, for a sign located at 333 North College Avenue for permission to allow an existing 24 -square foot free-standing sign to remain 1.5 feet onto the street right-of-way. The sign ordinance requires a 22 -foot setback for a sign of this size and height. Mayor Todd acknowledged a letter from Attorney Hugh Kincaid. Kincaid. 305.2 commented that the existing sign has been in the present location for about 25 years and said it is difficult to see the building, as it set's back behind the adjacent building. He said he feels it would detract from the building to have the sign on the building. He also noted that the cost to remove and re- place the sign would be approxiniately $2,000, which is a very heavy burden to O place on the company. Kincaid said the sign overhangs on the street right-of- way, but not on the street itself, and is not a danger to the public health or safety. Kincaid further stated that there would be a financial hardship on the ❑ petitioner if he were required to replace the sign. Sign Inspector Dietzen commented that the building itself is approximately 305.3 Q 18 feet from the property line. Director Lancaster commented that cars coming from the south would be able to see a sign on the building. Director Lancaster moved to grant a variance to allow the petitioner to 305.4 use the existing sign if moved back as close as possible to the building. Mayor Todd commented that if the Board granted the variance and the petitioner decided not to move the sign as permitted by the variance, he could remove it and replace the sign with a conforming sign. Director Sharp seconded the motion. The re- corded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. SIGN APPEAL: COLLEGE AVE. BAPTIST CHURCH / E. 6th and S. College Rev. John Smedley was present to represent an appeal from the provisions 305.5 of the sign ordinance for a sign located at the corner of East Sixth Street and South College Avenue, submitted by College Avenue Baptist Church. Smedley commented that the sign is constructed to match the building and would be very hard to move. He noted that they use the sign as a bulletin board to advertise times of service and upcoming events. Mayor Todd commented that an ordinance change to allow bulletin boards for churches may be considered by the Board at a future meeting. The variance request sought would allow a free-standing sign} in the R-2 district. Following brief discussion, Director Osborne, seconded by Henry, moved to 305.6 approve the variance. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. 1 WARNER CABLE EXTENSION POLICY City Attorney McCord stated that the Board had instructed he and the city 305.7 manager to meet with representatives of Warner Cable to discuss a provision of the cable extension policy. After meeting with them, the cable company is proposing to extend service at no cost to customers located within 500 feet r 3-4-80 306 306.1 "of an existing trunk line or Distribution System line" and to extend service upon request, to customers located more than 500 feet from an existing trunk line or distribution system line, providing the customer submit in advance "a sum equivalent to $1.00 per lineal foot for each foot of new line over 500 feet". He noted that this is the Company's estimated cost of constructing the line. 306.2 Director Lancaster moved the amendment to the extension policy be approved. Director Henry seconded the motion. The recorded vote was: Ayes: Todd, Henry, Lancaster, Osborne, and Sharp. Nays: None. Absent at Roll Call: Colwell. Absent: Noland. The mayor declared the motion passed. FIRE ZONE BOUNDARIES 306.3 Bryce Davis, Chairman of the Board of Housing Construction and Appeals was present to discuss a recommendation from that Board that the Board of Directors authorize an update of the #1 Fire Zone Boundaries. Davis noted that the building code itself almost eliminates the need for a fire zone. He said they are recommending a study be done, in cooperation with the Fire and Inspection Departments, to update the boundaries of the fire zone, if this can be done without hurting the City's fire rating. 306.4 Director Henry moved the recommendation be approved. Director Todd seconded the motion. City Manager Grimes said they would need to set up a committee with a representative of the State Insurance Bureau, Fire Department and Inspection Departments to see if changing the boundaries will affect the fire rating for the City. The recorded vote on the motion was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. SENIOR CENTER 306.5 Administrative Assistant David McWethy explained that as a result of meetings by a city -appointed committee, they are recommending that the Woolworth Building be acquired for the purpose of moving City Hall to the first floor and a portion of the second floor with the remainder of the second floor to be used to house the Senior Center. He asked for authorization to enter into negotiations for the purchase of the Woolworth building, and if a price can be negotiated, this will be brought back to the Board for final approval. 306.6 McWethy explained that there is approximately 9,200 square feet on each floor of the Woolworth Building and the City is presently using about 7,000 square feet on the first floor of the current City Hall. He noted that the Senior Center study had recommended that the Center would need about 5700 square feet and the calculations so far indicate about 7,200 square feet would be available for the Senior Center. 306.7 Director Henry moved the staff be authorized to negotiate a price with the owners of the Woolworth Building. Director Sharp seconded the motion. The re- corded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. 1 1 3-4-80 307 PENSION PLAN The finance director recommended the City authorize minimum funding for 307.1 the City employee's pension plan. Linebaugh explained he is recommending mini- mum funding, as they are hoping to look into the possibility of changing the pension plan this year. He commented that there is great dissatisfaction among employees on the current pension plan and they would like to explore a different type of plan. Director Lancaster, seconded by Henry, moved the finance director's 307.2 recommendation be adopted. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. Q) The mayor declared the motion passecl. SEWER RELOCATION / Highway 62 West Q A resolution was proposed authorizing the mayor and city clerk to execute 307.3 an agreement with the Arkansas State Highway and Transportation Department re - Q garding the relocation of sewer lines Q The city manager explained that the amount of the contract exceeds the budget for this project, but they are doing some additional work to upgrade the system in conjunction with the project. He said they are hoping to be able to save on other projects. He said the cost is $23,560.46, which would be taken from the sewer capital improvements fund. Director Henry moved the recommendation be approved. Director Lancaster 307.4 seconded the motion. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passecl. RESOLUTION N0. 20-80 APPEARS ON PAGE a 8 lf0F ORDINANCE AND RESOLUTION BOOK VIII. WATER RELOCATION / Highway 71 & Cato Springs/Hwy. 71/62 Intersection City Manager Grimes recommended award of a construction contract for the 307.5 relocation of water mains in the arca of Highway 71 and Cato Springs Road; and near the 71/62 intersection be awarded to low bidder, Sweetser Construction Company for $58,104.55. The City's share of this would be $32,700 and the budgeted amount for the project is $30,000. Grimes said this would be paid from the capital improvements fund. Director Henry moved the recommendation be adopted. Director Colwell 307.6 seconded the motion. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed. RES. 21-80 APPEARS ON PAGE a ola OF ORDINANCE AND RESOLUTION BOOK VIII. AIRPORT - TERMINAL BUILDING CHANGE ORDER City Manager Grimes explained that a resolution is being proposed c. 307.7 authorizing execution of a change order for the installation of curb and gutter, drop inlets, and a sidewalk at the new airport terminal building. He said this is work which the City cannot do themself> and the Board had previously discussed that this work would have to be contracted, but the minutes did not specifically authorize the work to be done. Director Henry moved the change order be authorized. Mayor Todd seconded 307.8 the motion. The recorded vote was: 3-4-80 308 308.1 Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the resolution passed. RESOLUTION NO. 22-80 APPEARS ON PAGES 5 0 OF ORDINANCE AND RESOLUTION BOOK VIII. EASEMENT ABANDONMENT / Old Missouri Road 308.2 The city attorney read an ordinance vacating a no -longer -needed water and sewer line easement in the area of Old Missouri Road for property owned by Ralph Stubblefield, Roland Stubblefield, and Katherine Stubblefield. 308.3 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 308.4 Director Osborne, seconded by Henry, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. Director Colwell pointed out that the City had purchased the easement from the Stubblefields for $668.00 and asked if this money would be refunded to the City. The city attorney pointed out that they are only vacating a portion of the easement. The mayor then asked if the ordi- nance should pass. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE NO. 2602 APPEARS ON PAGE 13S OF ORDINANCE AND RESOLUTION BOOK VIII. FRONTIER LEASE AMENDMENT 308.5 A resolution was proposed authorizing the execution of an amendment to the lease agreement between the City and Frontier Airlines, for the interim period until the new terminal building is complete and ready for occupancy. City Manager Grimes explained that this interim agreement is identical to the lease agreement which they have had for the past few years with the landing fees payable increased from 20 cents to 21 cents per 1,000 lbs, as of January 1, 1980. He explained that the lease agreement for the new terminal building would be greatly increased. 308.6 Director Lancaster moved the resolution be approved. Director Todd seconded the motion. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the resolution passed. RESOLUTION NO. 19-80 APPEARS ON PAGER/03 OF ORDINANCE AND RESOLUTION BOOK VIII. 1 1 - • 3-4-80 309 POLLUTION CONTROL PLANT STUDY City Manager Grimes explained that the City Engineer is recommending 309.1 a study be made of problems with the Pollution Control Plant effluent. He said they are recommending McGoodwin, Williams and Yates, designers of the plant, be authorized to enter into a contract with Dr. David G. Parker, University of Arkansas, to undertake an intensive study of the plant to try to determine the problems and suggest improvements. The study is estimated to cost approximately $2,000 per month, 6 month maximum and it is hoped 75% funding will be available from EPA. Grimes commented also that the City had just received a letter from EPA that the City is not meeting effluent limita- tions. Director Henry moved the city manager's recommendation be authorized. 309.2 OJ Director Lancaster seconded the motion. The recorded vote was: 0 Ayes: Todd, Colwell, Henry; Lancaster, Osborne, Sharp. Nays: None. Q Absent: Noland. Q The mayor declared the motion passed. OTHER BUSINESS TRAFFIC SIGNAL CABLE City Manager Grimes asked for competitive bidding requirements to be 309.3 waived to allow the City to sell at an auction of a firm which is selling out, a large spool of overhead signal cable no longer needed by the traffic depart- ment. He explained that an ordinance waiving competitive bids would be required to authorize the City to include the cable in the sale. Director Osborne, seconded by Todd, moved the rules be suspended and the 309.4 ordinance placed on second reading. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Henry, seconded by Osborne, moved the rules be further suspended 309.5 and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Sharp. Nays: Osborne. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no further discussion, the mayor asked if the ordinance should pass. The recorded roll call vote was: Ayes: Todd, Colwell, Henry, Lancaster, Osborne, Sharp. Nays: None. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE NO. 2603 APPEARS ON PAGE 13& OF ORDINANCE AND RESOLUTION BOOK VIII. SPECIAL MEETING City Manager Grimes announced a special joint meeting with the Springdale 309.6 City Council to be held Thursday, March 6, 1980 at 5:30 P.M. at the Springdale City Hall to discuss whether to proceed with the environmental impact statement for a regional airport. 3-4-80 310 SIDEWALKS 310.1 Director Sharp said he felt sidewalks should be required on both sides of commercial developments. The city attorney noted that sidewalks are re- quired on both sides of a commercial subdivision, but no provision requires sidewalks for other commercial establishments getting building permits. Administrative Assistant McWethy noted that the Planning Commission has not been requiring sidewalks for developments located on state highways. Director Henry commented that the Highway Department would replace sidewalks, but would usually not install sidewalks in conjunction with a street widening project. Mayor Todd agreed that sidewalks are needed in conjunction with developments. He asked the city attorney to look into the possibilities for requiring side- walks and advise the Board. EMS 310.2 Director Colwell commented that a petition is being circulated asking for a referendum on the tax increase to he used to fund the EMS service. The Board discussed considering a resolution stating the City's feelings that if persons outside the City did not participate in the tax that the ambulance service would not be extended outside the City. BOARD COMMITTEES 310.3 Mayor Todd asked that Director Sharp serve on the Water and Sewer Committee, as a letter from the Regional Planning Commission had indicated the mayor, rather than Director Sharp, is required to serve on the Fayetteville/Springdale Trans- portation Committee. MINUTES 310.4 The minutes of the February 19, 1980 meeting were approved as submitted. ADJOURNMENT 310.5 There being no further business, the meeting adjourned at 12:20 A.M. 1 1