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HomeMy WebLinkAbout1980-04-01 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, April 1, 1980,.at 7:30 P.M. in the City Manager's Office, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell; City Manager Don Grimes, City Attorney Jim McCord; City Clerk Angie Medlock, and Administrative Assistant David McWethy. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news media. 321 oCALL TO ORDER ❑Following a moment of respectful silence and roll call, the mayor called the 321.1 meeting to order. 0 C[ NOISE APPEAL Q Mayor Todd acknowledged a letter from Lowry Barnes, President of the Inter- 321.2 fraternity Council, on an appeal from a decision regarding a request for a variance from the noise control ordinance. The city manager's office had denied a request to allow a variance so that live lawn bands could play until 1:00 a.m. on April 19 and April 26. Mayor Todd also acknowledged a letter from Maureen Anderson, Dean of Students at the University of Arkansas, supporting the requested variance. Director Osborne summarized the circumstances under which the noise control 321.3 ordinance had been originally enacted. He said the feeling expressed at meetings IIIdiscussing the proposed noise ordinance was that the neighbors wouldn't be bothered as much if the fraternities would limit the late outside parties to one or two nights rather than every weekend. Director Osborne stated that this particular request for a variance doesn't 321.4 bother him. Lowry Barnes commented that their understanding of the intent of the noise ordinance was as Director Osborne had stated --that the neighbors wouldn't object so much to one or two late night lawn parties per year. Director Osborne asked where you would draw the -line. He questioned if 321.5 representatives of the City should get with representatives of the University now and plan ahead for the coming year to allow the later hours on certain weekends. Tom Bohanan, area resident, said the City has a good noise control ordinance 321.6 and he wishes they would leave it as is. He said when area residents can close c44 of their doors and windows and still hear a band a half mile away, the band is too loud. Osborne commented that the request by the fraternities appears to be a collective effort by them to abide by the noise control ordinance. Responding to the Board, the city attorney pointed out that allowing a variance 321.7 to permit the bands to play until 1:00 a.ni. doesn't allow the groups to violate the other sections of the ordinance, and if the noise was too loud and annoyed the neighborhood residents, the residents could complain and the police would be under an obligation to process the complaint. • Director Noland commented that he felt people in the neighborhood had indicated 321.8 they could tolerate the noise until about midnight. He said he doesn't think they have been fair concerning other types of noise, such as loud trucks. He IIIcommented also that there may be other organizations which would also like to have parties during these weekends. 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 4-1-80 322 Mark Bailey from Reid Hall said they would also like a variance until 1:00 a.m. on April 18. He said he had talked with the administrative assistant who had advised that they should wait to see what action the Board took on the variance requests presented tonight and then submit their noise appeal to the next meeting. Mark said they had had an outside band last fall at a party and had received no complaints which they were aware of. Jerry stated that in the past they have had outside bands on both nights, but are willing this year to have the band indoors on one night in order to abide by the noise ordinance. Mr. Bohanan suggested the parties could be held at an alternate site, such as the Agri Park, which would take the parties completely away from the residential areas Lowry Barnes noted that they have outlined a procedure to be followed if com- plaints are received, and had submitted a list of where the parties would be held, the responsible officer at the party, and the dean of students and interfraternity council president's phone numbers. He explained that this list would be filed with the Fayetteville Police Department and the Department of Public Safety and asked that they be given 30 minutes to quieten down the party if complaints are received. Director Osborne then moved to permit the playing of loud speakers after the hour of midnight until 1:00 a.m. without the prima facia presumption in Section 13 8.1 (b-2) of the ordinance applying. Director Noland seconded this motion. Director Lancaster commented that he feels the groups before the Board tonight are "just a beginning". He said he feels what they are doing tonight if the Board grants the variance, is just in effect repealing the ordinance. Director Colwell also asked where they would draw the line --would they grant this same variance for apartment building parties or neighborhood parties? Director Osborne, in discussing the variance requested by Reed Hall, said he is troubled by the three night variance. He said when they had originally discussed possibly allowing the late parties, the neighbors had indicated they would not object to one or two nights per year. Osborne noted that there are nine groups which are applying for variances for the two weekends. Director Noland commented that if a lot of complaints are received this year the Board would have some basis on determining next year's requests. Lowry Barnes pointed out that the variance requested by Reed Hall would first have to be approved by the Dean of Student's office. Director Osborne, after discussion, amended his motion to include a variance for Reid Hall for April 18, as well as those fraternities listed on the letter from Maureen Anderson. Director Noland accepted this amendment. The mayor called for a vote on the motion. The recorded vote was: Ayes: Henry, Noland, Osborne, Sharp, Todd, Colwell. Nays: Lancaster. The mayor declared the motion passed. Director Lancaster commented that he would vote for a repeal of the ordinance if brought before the Board. LOT SIZE WAIVER REQUEST - SEPTIC SYSTEM A request had been submitted to allow size requirements for property not having submitted by Mr. Guinn had been tabled at the date the property was purchased. Admi commented that engineer Neal Albright had reflected the property was purchased from Frank Blew had surveyed this property for a variance to the 1.5 acre minimum lot access to a public sewer. The request the March 18 meeting in order to establish nistrative Assistant David McWethy brought in a copy of Guinn's deed which Mr. Shields sometime in 1979. In 1976, Riley Skillern and in 1977 Shields sought 1 1 4-1-80 323 1 to secure a lot split but was turned down until a subdivision plat could beIII 323.1 filed. After that denial, he subsequently sold the property to Mr. Guinn. McWethy pointed out that there are really two issues: 1) the improper split of the property from a larger parcel and 2) the 1.5 acre minimum requirement for a septic system. The city attorney stated that he did not feel the Planning Office would issue 323.2 a building permit without getting a lot split approved, even if the Board granted a waiver on the 1.5 acre requirement. Director Noland made a motion to remove this item from the table for further 323.3 consideration. Director Osborne seconded the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. 0) The mayor declared the motion passed. 0 The city attorney clarified that Shields had purchased some of the property 323.4 CO owned by Mr. Skillern and although a deed was notin the agenda Shields Q had commented in a Planning Commission meeting held August 29, 1977, that he had purchased the property "about a year ago" which was prior to the 1.5 acre require - Q ment, but not before the lot split requirement. Q Following brief discussion, Director Noland moved a variance for a parcel of 323.5 property less than 1.5 acres not having access to a public sewer system be denied. Director L ncaster seconded the motion and the recorded vote was: Ayes: La c 'ster, Noland, Osborne, Sharp, Todd, Colwell, Henry. Nays: None. Mayor Todd declared the motion passed. 1 1 REZONE PROPERTY / INDUSTRIAL PARK The city attorney read an ordinance rezoning two parcels of property totalling 323.6 243.51 acres located east of Morningside Drive and south of Pump Station Road; and on the east and west sides of the south end of Armstrong Avenue from A-1 to I-1 and I-2, Industrial Districts, as recommended by the City Planning Commission. Director Noland, seconded by Osborne, moved the rules be suspended and the 323.7 ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. 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 323.8 and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. Mayor Todd declared the motion passed and the city attorney read the ordinance for the third and final time. There being no discussion, the mayor asked if the ordinance should pass. The 323.9 recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the ordinance passed. SX ORDINANCE•NO. 2615 APPEARS ON PAGE 321 OF ORDINANCE AND RESOLUTION BOOK #444. SIGN APPEAL REHEARING / CITY LIQUOR Mr. Bob Asfrworth, representing City Liquor Store, had requested a rehearing on a Board decision not to allow a variance from the literal provisions of the sign ordinance (considered at the March 4 Board of Directors meeting). 323.10 3241-8o 324.1 Mayor Todd instructed the Board that they would need to decide if a rehearing should be granted and asked Mr. Ashworth to present any new material for the Board to consider in deciding if a rehearing should be granted. Todd noted that Mr. Ashworth had contended that there is a discrepancy in the amount the sign is actually set back from the street. Sign Inspector John Dietzen said the sign is set back 11 feet from the curb line but the curb line is 5-6 feet into the street right-of-way. Ashworth said Dietzen had said at the previous meeting that the sign is set back 3 feet+ from the property line. Dietzen responded that he still feels the sign is set back as he had earlier indicated --it is hard to establish exactly the property line since there is construction work in widening the highway. Mayor Todd stated that it would not make any difference for him personally, if the sign is setback 3 feet or 11 feet. 324.2 Mayor Todd asked Ashworth to present any new information for the Board to con- sider in deciding to grant a rehearing. Ashworth stated that there is no place on the property where he can relocate this sign except on the north side, where it will not be seen, and be in total compliance with the ordinance. He said the utility lines are going to be relocated to run across the edge of his building and he cannot put the sign under the utility lines. 324.3 John Dietzen stated that if Ashworth would take the arrow off of the sign there is a place three feet west of the southwest corner of the building where the sign could be erected over the canopy which would be in compliance with the ordinance. He said the utility line may present a problem, but this is not a problem to be addressed in the sign ordinance. 324.4 Mr. Ashworth contended that if the Board granted a variance for a big company like Kentucky Fried Chicken for a sign that will not be any closer than his sign, they should grant a variance for someone local. Ashworth said there is no place on his property where he can relocate the sign and be totally in compliance with the ordinance, when the street is widened. 324.5 Mr. Ashworth asked the city attorney if he had checked out the validity as he was instructed to do at the previous meeting. McCord responded that Ashworth had questioned the legality of the sign ordinance and McCord said he felt he had already answered Ashworth's concerns on this. McCord noted that the Arkansas Supreme Court had ruled that a pre-existing non -conforming sign could be required to be removed after a stated time, if it is reasonable to that particular sign. McCord noted that there are a number of factors the Court can consider when deciding if it is reasonable, such as 1) the original cost of the sign, 2) whether it has been amortized for income tax purposes, and 3) the question of whether re- moval or alteration would adversely affect the revenues. 324.6 Mayor Todd asked Ashworth if he would be willing to remove the arrow and move the sign back as far as practicable and Ashworth said he did not want to move the sign. He asked why he should move the sign since he would still not be in compliance with the sign ordinance. Director Colwell responded that the Board had made this type of compromise with other businesses. Ashworth indicated that if the City would pay the cost for moving the sign to a feasible location, he would comply. He con- tended that it is not fair for him to give the City property to widen the street and then the Board deny his appeal. He commented further that if the Board members were in his shoes, they would probably be "more irate than I am and I'm not irate because I've not turned over any chairs yet". 324.7 Responding to Ashworth's question if the City would be willing to pay the cost of relocation, Director Osborne said he would not be willing to set a precedent of paying for relocation of a sign. Ashworth responded that he would set a precedent pretty soon for the City to start paying the cost of relocation of signs. He stated that the sign ordinance should have had a provision to allow all existing signs to continue as non -conforming signs. Director Osborne stated that in his opinion, the worst wrong would be to "change the rules in the middle of the game". He said people need to have a consistent precedent set. 324.8 Mayor Todd asked the Board members if they would like to make a motion to grant a rehearing. No such motion was made. 1 1 4-1-80 Ashworth then shook hands with the Board members and commented that he would "cost everyone of you a sack full of money" before leaving. STREET CLOSING: S. CHURCH AVENUE The city attorney read an ordinance abandoning and vacating an unopened portion 325.2 of South Church Avenue, between South Street and Archibald Yell Boulevard. Director Henry, seconded by Colwell, moved the rules be suspended and the 325.3 ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Noland, moved the rules be further suspended and 325.4 CD the ordinance be placed on third and final reading. The recorded vote was: 0 Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. 03 Nays: None. The maydr declared the motion passed. The city attorney then read the ordinance for the third and final time. 325.5 In response to the directors, the city attorney explained that under this 325.6 procedure for closing a,street, the City Board can vacate the street if they find this portion not needed for corporate purposes. This does not require consent from adjoining property owners. McCord:said this portion had been platted but not opened and would be retained as a utility easement for all utility companies. Mrs. Helen Adams said she owns four lots adjoining this street and would like 325.7 to see it closed so that it will be better maintained. She said there is only one other property owner and he has had his property for sale. She said he has frontage ' on both Archibald Yell and South Street. Adams commented further that she had talked with the City Planning office a year or so ago and they indicated the grade was too steep for this portion of Church Avenue to ever be opened onto Archibald Yell. Responding to the mayor, City Manager Grimes said it is pretty obvious to him 325.8 that this portion of the street will not be used as a street. He recommended, how- ever, that the Board table further consideration to allow the proposed closing to be submitted to the Plat Review Committee for comments and in order to notify ad- joining property owners. Director Osborne moved that final action be tabled until the next meeting. 325.9 Director Noland seconded the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd. Colwell. Nays: None. The mayor declared the motion passed. 325 325.1 PARKING FINES / ON -STREET The city attorney explained that there had been an error in the original 325.10 ordinance. The fines should have been raised to $1.00 and then to $2.00 if not paid within 24 hours. This ordinance would also include a provision to raise the rates for on -street meters to 10¢ for one hour or less. The city attorney then read the ordinance for the first time. Director Osborne, seconded by Noland, moved the rules be suspended and the 325.11 ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. 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 325.12 the ordinance be placed on third and final reading. The recorded roll call vote was: 4-1-80 326 326.1 Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 326.2 There being no discussion, Mayor Todd asked if the ordinance should pass. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2616 APPEARS ON PAGE JUL OF ORDINANCE AND RESOLUTION BOOK 4444. OFF-STREET PARKING LOT #1 - REVENUES PLEDGED 326.3 City Manager Don Grimes explained that Off -Street Parking Lot #1 has had some improvements paid for by the Off -Street Parking Improvement District, yet it is owned by the City of Fayetteville, and the proposed ordinance would pledge net revenues to the district until these improvements have been reimbursed. He explained that the idea for many years has been that the City is not trying to make money from off-street parking lots, but to reinvest any extra money back into the parking facilities for the downtown area. He stated that although the City does own Lot #1 it was purchased through a lease -purchase plan with General funds, but was paid off with assessments against downtown merchants as well as parking revenues. 326.4 The city attorney explained that at the present time net revenues from the lots are pledged to the district but beginning in 1982 the revenues from the CEC and hotel lots cannot be pledged to the district, as they are pledged to finance the CEC. This ordinance would pledge those net revenues from Off -Street Parking Lot #1 until such time as the cost of improvements has been recouped. Mayor Todd asked if they should amend the ordinance to limit the improvements to those which are currently taking place. The city attorney said he would read the ordinance to limit the improvements to those completed in 1980. 326.5 The city attorney read the ordinance for the first time and Director Henry moved the rules be suspended and the ordinance be placed on second reading. Director Colwell seconded the motion. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. Mayor Todd declared the motion passed and the city attorney read the the second time. 326.6 Director Osborne, seconded by Henry, moved the rules be further the ordinance be placed on third and final reading. The recorded rol Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The motion was declared passed and the city third and final time. 326.7 There being no further discussion, pass. The recorded vote was: Ayes: Henry, Lancaster, Noland, Nays: None. The mayor declared ordinance for suspended and 1 call vote was: attorney read the ordinance for the Mayor Todd asked if the ordinance should Osborne, Sharp, Todd, Colwell. • the ordinance passed. • =X ORDINANCE NO. 2617 APPEARS ON PAGE 323 OF ORDINANCE AND RESOLUTION BOOK ¥. SIGN ORDINANCE AMENDMENT An ordinance was proposed to amend the sign ordinance as follows: 326.8 1) One free-standing "area identification sign" would be permitted at each entrance to the common area (residential subdivision, apartment complex, etc) 1 4-1-80 327 "provided the location of said sign does not create a traffic hazard" regardless 327.1 of the zoning or the size of the common area. The maximum size for area identifi- cation signs would be 32 square feet. 2) Temporary free-standing real estate signs would no longer be prohibited 327.2 by inference in residential zoning districts; 3) In addition to any other free-standing signs on a lot, a free-standing 327.3 "entrance" and "exit" sign would be allowed; 4) Setbacks would be established for "bulletin boards" such that a 10 -square 327.4 foot bulletin board could be placed 15 feet from the street right-of-way. Two additional square feet of display surface area could be gained for each one foot additional setback, up to a maximum of 75 square feet at 40' setback. The city attorney explained that the intent of the ordinance was to reflect 327.5 the recommendation of the Inspection Office and it has now come to his attention that part of the proposed ordinance, Section 1, does not reflect this. He said their recommendation was not to get rid of the 5 -acre minimum requirement and said he would read the ordinance as they had recommended. He noted also that the way the ordinance is currently written if a business had numerous entrances they may have more than one free-standing sign. McCord noted that the sign ordinance re- flects that free-standing signs are restricted to one per lot, and suggested this proposed ordinance should also limit free-standing "entrance" and "exit" signs to one per lot with the Board having authority to grant a variance to allow more than one free-standing sign per lot. Director Noland commented that if the 32 square foot sign is to be used only 327.6 to "identify", 32 square feet may be too large. Sign Inspector John Dietzen pointed out that most signs erected thus far are the full 32 square feet. He noted that there is no stated setback requirement, however the sign may not obstruct traffic visibility or safety. The Board discussed reducing the size of the area identification signs. The 327.7 city attorney stated that he would be more comfortable with an area identification sign being the same size as other free-standing signs. *See Note below Director Henry asked if Section 5 would allow a bulletin board sign as well as 327.8 a wall sign. The city attorney responded that it would. Sign Inspector John Dietzen commented that about 50 of the 63 churches in the city have some type of "bulletin board" sign, and about 21 of these are too close to the road. He noted that some of these do not have enough room to move the sign back After a discussion the city attorney said he would add that the "entrance" and ..327.9 "exit" signs should be installed so not to constitute a traffic hazard. The city attorney then read the ordinance for the first time. Director Osborne 327.10 moved the rules be suspended and the ordinance be placed on second reading. Director Sharp seconded the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Sharp, moved the rules be further suspended and 327.11 the ordinance be placed on third and final reading. The recorded roll call vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. Director Lancaster moved an amendment to strike"on each street frontage" on real 327.12 estate signs, which would now prohibit someone on a corner lot having two real estate signs. *And he suggested deleting the proposed amendment regarding the area identification signs at the present for revision. 4-1-80 328 328.1 Director Noland seconded this motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the amendment passed. 328.2 Mayor Todd then asked if the ordinance as amended should pass. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the ordinance passed. zx ORDINANCE NO. 2618 APPEARS ON PAGE 321 OF ORDINANCE AND RESOLUTION BOOK 444i. APPOINTMENTS / CITY COMMITTEES 328.3 Director Henry moved the following nominations be approved and recommended the abolishment of the Municipal Parking Authority, as they have not been active during the past three years: 328.4 BOARD OF ADJUSTMENT: Reappointment of Larry R. Smith to end April 1, 1985, and appointment of David R. Crittenden for a term to expire April 1, 1985. BOARD OF HOUSING AND CONSTRUCTION APPEALS: Dale Cress for a term to expire April 1, 1985. CIVIL SERVICE COMMISSION: Sabra Hassell for a term to end April 1, 1986, and Frank Prassell to fill an unexpired term ending April 1, 1982. HISTORIC DISTRICT COMMISSION: D. Malcolm McNair and James P. Treffinger for terms to expire April 1, 1983. LIBRARY BOARD OF TRUSTEES: David G. Parker for a term to end April 1, 1986. NW ARKANSAS CULTURAL CENTER BOARD OF TRUSTEES: Donna McNair, Mary Margaret Morton, the reappointment of Minor Wallace and Campbell Johnson for terms to expire April 1, 1983; and Michelle Aguilar to fill the unexpired term of Jerome Niemiec to end April 1, 1982. 328.5 Director Sharp seconded this motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed. 328.6 The city attorney then read an ordinance abolishing the Municipal Parking Authority. Director Colwell, seconded by Henry, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 328.7 Director Colwell, seconded by Henry, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and City Attorney McCord read the ordinance for the third and final time. 328.8 There being no discussion, the mayor asked if the ordinance should pass. The recorded roll call vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. Mayor Todd declared the ordinance passed IX ORDINANCE NO. 2619 APPEARS ON PAGE 326 OF ORDINANCE AND RESOLUTION BOOK tom. 1 1 1 4-1-80 329 ELECTRICAL FEE INCREASE The city attorney stated that the proposed increases in the electrical permit 329.1 fees are recommended by the electrical inspector. The increases would provide that the fee for "meter loop service" would be increased from $8.00 to $10.00; the fee for "additional (electrical) openings above ten openings" would be increased from 15¢ to 20¢ each; the fee for concrete floor structures would be increased from $8.00 to $10.00 per floor and the requirement for a $1,000 corporate surety license permit bond would be deleted. He then read the ordinance for the first time. Director Noland, seconded by Osborne, moved the rules be suspended and the 329.2 ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. 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 329.3 placed on third and final reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. City Manager Grimes commented that at budget time the Board had indicated they 329.4 would like to keep permit fees up with the costs. The deletion of the bond, he explained, relates to the fact that there is now a state licensing arrangement. The mayor called for a vote on the ordinance. The recorded vote was: 329.5 Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the ordinance passed. =X ORDINANCE NO. 2620 APPEARS ON PAGE 32,7 OF ORDINANCE AND RESOLUTION BOOK VIII. CONDEMNATION AUTHORIZATION: SEWER LINE City Manager Grimes explained that the condemnation proceedings requested 329.6 are in connection with the Bypass sewer line relocation project on the east side of Highway 71 , south of Highway 62. He stated that there are several large lines in this area and a mayor portion of the cost will be paid by the Arkansas Highway and Transportation Department. Director Lancaster moved the recommendation of the city engineer to initiate 329.7 condemnation proceedings be approved. Director Osborne seconded the motion. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed. RESOLUTION N0. 31-80 APPEARS ON PAGE 033 OR ORDINANCE AND RESOLUTION BOOK IX. STREET RENAMING: ROBIN DRIVE A resolution was proposed renaming Robin Drive in Bird Haven Terrace Addition 329.8 to "Quail Drive". This renaming had been tabled at the last Board meeting. Director Colwell moved the resolution be approved. Director Lancaster seconded 329.9 the motion. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the resolution passed. RESOLUTION NO. 32-80 APPEARS ON PAGE 03°i OF ORDINANCE AND RESOLUTION BOOK 1 X 4-1-80 330 BID AWARD: POLICE DEPT. WALKIE-TALKIES 330.1 Purchasing Officer Mackey recommended that Bid #417 be awarded to low bidder, Jim s Radio and TV (General Electric) for three walkie-talkies for a total price of $3,057.25. He stated that these will be purchased with a Crime Commission Grant except for $401 and this amount is budgeted from the General Fund capital improvements fund. 330.2 Director Noland moved the recommendation be accepted. Director Henry seconded the motion. The recorded roll call vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed. BID AWARD: AIRPORT PARKING LOT 330.3 Purchasing Officer Mackey recommended award of bid for a public parking lot concession at Drake Field in conjunction with the new terminal building to Air Terminal Parking Company of Chattanooga, Tennessee. He recommended the bid award be for five years with the City having the option to renew for an additional five years. Mackey stated that the recommendation is from the Finance Director, the City Manager, and himself. 330.4 Director Noland asked if fees could be increased within the initial five-year period or if more short-term as opposed to long-term parking could be established and Mackey responded that the Board could do this. 330.5 Director Lancaster, seconded by Noland, moved the bid be awarded as recommended. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Nays: None. The mayor declared the motion passed. COMMUNITY DEVELOPMENT BID AWARD: VIDEO EQUIPMENT 330.6 Community Development director Rick Mason recommended that competitive bidding requirements be waived for the purchase of video equipment for use by the Community Development department. He explained that there are only two companies which sell the equipment and one of those companies could not meet specifications. Mason ex- plained that the Community Development committee had recommended this purchase and funds are included in the Community Development budget. He said they would use the equipment to film CD projects. 330.7 Director Henry commented that she feels there are many other things which the CD money should be used for. Mason commented that some other departments, such as Parks and Recreation, have projects which benefit low and moderate income families and which could possibly use the equipment. 330.8 Following brief discussion, Director Osborne moved to not authorize purchase of the video equipment or waiver of competitive bidding. Director Sharp seconded the motion. Director Sharp commented that some of this $4,000 planned for the video equipment could be used to pay for the 1980 Report to the People, which contained an article on the Community Development program. 330.9 In response to the concern that the price did not include any special equip- ment for editing, Rick Mason stated that he knows someone who has indicated he would edit the film if needed. Sharp suggested that CD could talk to some of the local television stations about making this film for them. 330.10 The mayor called for a vote on the motion. The recorded vote was: Ayes: Lancaster, Osborne, Sharp, Colwell, Henry. Nays: Noland and Todd. The mayor declared the motion passed. 1 1 i 4-1-80 OTHER BUSINESS 331 COMMUNITY DEVELOPMENT OFFICE RELOCATION City Manager Grimes commented that the CD office would be relocating to 530 331.1 North College, Building B, in order to comply with HUD regulations that they be accessible to the public. At the present location, they are upstairs and are not accessible to the handicapped. Mr. Grimes noted that this does constitute a moverof several blocks from the 331.2 present location. CD Director Rick Mason commented that this office is a little larger than the space they currently have. He explained that the term of the lease is to be on an annual renewal basis, but there will be a clause that should the funding cease, the lease would terminate. Mr. Grimes asked that the city attorney review the lease before it is signed 331.3 by Community Development. 0) SIGN APPEAL / DAVISON SHOES 0 Director Henry moved the sign appeal previously submitted by Davison's Shoes 331.4 CO be denied as it is no longer needed. Director Osborne seconded the motion. The recorded vote was: 0 Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, Colwell. Q Nays: None. c The mayor declared the motion passed. 1 PRECIOUS METAL ORDINANCE A copy of a precious metal ordinance enacted in Little Rock was included in the agenda for the Board's review. Director Henry said she does not feel the need as pressing now as it has been. She explained, however, that in many places no records are kept of what is melted down, and she feels dealers coming into town to buy this merchandise are encouraging break-ins. The Board discussed the idea that the County would be the more logical approach for having an ordinance of this type, and agreed to forward this ordinance to the County for consideration. 331.5 LITTER PROGRAM Director Henry commented that the anti -litter program in Texarkana has been 331.6 successful and the concensus of the Chamber is that this is a good workable program to get something started. She said they are looking at some material now and at a future meeting may have something to bring before the Board for consideration. MEETINGS Mayor Todd called attention to two upcoming meetings: 331.7 1) Arkansas Municipal League conference in Pine Bluff and 2) Energy Conference in Philadelphia. Todd asked the administrative assistant to contact the directors regarding 331.8 the Arkansas Municipal League conference, and make needed reservations, and suggested the Energy Conference would be a good meeting for someone to attend. if interested. PUBLIC TRANSIT Mayor Todd introduced Richard Mills with the Community Research Group, Inc., 331.9 present to discuss the possibility of operating a public transit system in Fayetteville. Todd said the Community Research Group is preparing an application for a grant and said he feels this is a very good opportunity for the City. Todd asked the Board if they would like to encourage Mr. Mills to proceed with the application. Mills commented that they feel Fayetteville is the greatest need of the four- 331.10 county area which they can serve. He said they would be taking the proposal to the Northwest Arkansas Regional Planning Commission. Mills said at the present time they operate Dial -a -Ride for EOA and the 147 public transit system. 332.1 4-1-80 332 Mayor Todd suggested they should work with University representatives on establishing a program. Mills said they would be agreeable to whatever the Board would like to do in helping to develop this program. He said they feel from their experience that a committee of 12 people (a general cross-section of the community) would work well. 332.2 In response to Henry's concern that this program could not duplicate any existing services, Mills said the intent of the proposal is to interface with the University system. Director Noland commented that he is enthused that someone can possibly give the City a 6 -month trial on operating this type of public trans- portation. 332.3 Mayor Todd asked that City Manager Grimes, Mr. Mills, someone from the University, and himself get together to discuss the proposal and that this item be placed on the agenda for the April 15 meeting for further discussion. 1 SIDEWALKS 332.4 Mayor Todd acknowledged the memorandum from the city attorney concerning requiring sidewalks in places other than new subdivisions. 332.5 Director Sharp said as he understands the memo, there is no question that the Board can require sidewalks in conjunction with developments other than subdivisions. Osborne agreed that sidewalks should be required everywhere. 332.6 Following a brief discussion, the Board instructed the city attorney to draft an ordinance which would require sidewalks in conjunction with any new developments, and include a provision that the sidewalks must be built before a certificate of occupancy is issued. SOLID WASTE AUTHORITY REPRESENTATIVE 332.7 City Manager Grimes stated that the mayor of Lowel ville designate an official representative of the Sol recommended that Director Henry be appointed. 332.8 Director Colwell, seconded by Osborne, moved Direc the City's representative of the Solid Waste Authority. Ayes: Lancaster, Noland, Osborne, Sharp, Todd, Colwell Nays: Henry. The mayor declared the motion passed. WORK RELEASE CENTER 332.9 City Manager Grimes called attention to a meeting to be held April 11, 1980 at 1:00 p.m. at the Quorum Court in Fayetteville to discuss a work release program in the northwest corner of the state. He said he would attend the meeting and asked that any of the directors who could attend to also be present. CORRECTING ORDINANCE / SETBACKS 332.10 The city attorney read an ordinance correcting typographical errors in Ordinance 2603. Director Colwell, seconded by Todd, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, and Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 332.11 Director Colwell, seconded by Noland, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded roll call vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, and Colwell. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 1 has asked that Fayette - id Waste Authority and tor henry be appointed as The recorded vote was: 1 1 i 4-1-80 333 There being no discussion, the mayor asked if the ordinance should pass. 333.1 The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, and Colwell. Nays: None. The mayor declared the ordinance passed. SX ORDINANCE NO. 2621 APPEARS ON PAGE 318 OF ORDINANCE AND RESOLUTION BOOK P1�. AIRPORT MANAGER The city manager asked that the Board adjourn into executive session to 333.2 discuss a personnel matter concerning the airport. The mayor adjourned into executive session at 10:50 p.m. At 11:10 the mayor called the adjourned meeting back to order. Director 333.3 Q) Henry moved that the city manager be authorized to employ Ede Hogue as Airport 0 Manager and Dale Frederick as assistant manager in charge of operations. Director CO Osborne seconded the motion. The recorded vote was: Q Ayes: Henry, Lancaster, Noland, Osborne, Sharp, Todd, and Colwell. Nays: None. Q The mayor declared the motion passed. Q MINUTES The minutes of the March 18 meeting were approved as submitted with the 333.4 correction of one typographical error. ADJOURN There being no further business, the mayor declared the meeting adjourned at 333.5 11:15 P.M. 334.1 334 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, April 15, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Henry, Lancaster, Noland, Osborne (arrived 7:35 p.m.), Sharp, Todd, Colwell; City Manager Don Grimes, City Attorney Jim McCord; City Clerk Angie Medlock and Bonnie Goering, and Administrative Assistant David McWethy. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following a moment of respectful silence and roll call, the mayor called the meeting to order. SIGN APPEAL/LITTLE CHIEF BROADCASTING COMPANY 334.2 Mayor Todd introduced an appeal from Little Chief Broadcasting Company of Fayetteville d/b/a KKEG Radio for a variance from the literal provisions of the Sign Ordinance, for a sign to be located near 3300 Dinsmore Trail. The ordinance would allow a 16 sq. ft. maximum sign for this Zoning District (A-1 "Agricultural"). The variance requested is for a 144 sq. ft. free-standing sign. Bokie Alpe said KKEG has acquired the property at 3535 Dinsmore Trail and have constructed a tower 460 ft. above average terrain and would like to put a sign on the tower to promote KKEG. She indicated they would like to light this sign and that each letter will be 6 ft. sq. 334.3 Ann Hauser said she felt that the station deserves consideration since they are so good about making public service announcements. Director Sharp moved to deny the variance and Director Lancaster seconded the motion. 334.4 Responding to Hauser, Director Sharp stated that another radio station had requested a variance which was also denied and that he felt all businesses should conform to the sign ordinance. 334.5 The City Attorney read the provision by which the Board may grant a variance "where strict enforcement would cause practical difficulties," and indicated that the Board should grant such variance only when keeping with the spirit and intent of this chapter. 334.6 Mayor Todd said they look at signs to provide identification, but not advertis- ing, and to him this is advertising. 334.7 The Mayor called for a vote on the motion. The recorded vote was: Ayes: Lancaster, Noland, Sharp, Todd, Colwell, Henry Nays: None Abstain: Osborne (Director Osborne abstained because he had represented one of the owners of the radio station for three years.) Mayor Todd declared the motion passed. SIGN APPEAL/THE SURPRISE SHOP/1313 N. GARLAND 334.8 Mayor Todd introduced an appeal from The Surprise Shop from the literal pro- visions of the Sign Ordinance, for an existing sign located at 1313 North Garland Avenue. The ordinance requirement for this Zoning District (C-1 "Neighborhood Commercial") is that roof signs must be removed unless the Board determines that 1 1