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HomeMy WebLinkAbout1980-06-03 Minutes380 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, June 3, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Sharp, Todd, Colwell (arrived 7:33 p.m.), Henry, Lancaster, Noland, Osborne (arrived 7:35 p.m.); City Manager Don Grimes, City Attorney Jim McCord, City Clerk Bonnie Goering, and Administrative Assistant David McWethy. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 380.1 Following a moment of respectful silence and roll call, the Mayor called the meeting to order. SIGN APPEAL/J.D. FISHER BUICK COMPANY, INC. 380.2 Mayor Todd introduced an appeal from J.D. Fisher Buick Company, Inc., for a variance from the literal provisions of the Sign Ordinance, for existing signs located at 2396 North College Avenue, a C-2 "Thoroughfare Commercial" Zoning District. The variance requested was for permission to allow the following existing signs to remain: Sign #1: A 36 sq. ft. free-standing sign located 21 ft. from North College Avenue and 12 ft. from the Township Road curb. Sign #2: Sign #3: Sign #4: Sign #5: Signs #6 A 106 sq. ft. free-standing sign located 17 ft. from North College Avenue. A 66 sq. ft. free-standing sign located 17.5 ft. from North College Avenue. A 10 sq. ft. projecting sign located at the rear of the building. A 25 sq. ft. projecting sign located at the rear of the building. & #7: Two wall signs the roof line. on the same wall, one of which extends above 380.3 The ordinance requirements (unless the Board determines that strict enforcement would be unreasonable) are. Signs #'s 1-5: A limit of one free-standing or projecting sign per lot, plus the following size and setback requirements: Sign #1: Sign #2: Sign #3: Setback for a sign of this size is 28 ft. from street right-of-way; no sign is permitted at the present setback from Township. The maximum size for free-standing signs of this type is 75 sq. ft., with a 40 ft. setback from street right-of-way; the maximum size allowed at the present location is 14 sq. ft. Setback for a sign of this size is 40 ft. from street right-of-way; the maximum size allowed at the present location is 15 sq. ft. 1 1 6-3-80 Sign #4: This sign meets the Sign Ordinance requirements with respect to size. Sign #5: Maximum size is 16 sq. ft. in display surface area. Signs #'s 6 & 7: Maximum of one wall sign per wall, with maximum height not to exceed the roof line. 381 Truman Smith, representing J.D. Fisher Buick, presented eight photographs of 381.1 the seven signs showing various views from all directions and noted the Board had before them a diagram showing the location of all the J.D. Fisher Buick buildings and signs --the free standing signs along Hwy 71, the projecting signs at the rear of the building, and the two wall signs. He pointed out that free-standing signs #'s 1, 2, and 3 are signs that were constructed and erected under a valid permit issued in March 1971 prior to the sign ordinance of 1972 and cost approximately O $20,000. He noted that there is an 8 ft. difference between the old and new right - co of -ways on Hwy 71 and when the signs were erected in 1971, sign #1 was 28.90 ft. from the right-of-way, sign #2 was 25 ft. from the right-of-way, and sign #3 was Q 25.40 ft. from the right-of-way. He also noted that Township Road has been widened Q since 1971. With regard to signs #'s 6 & 7 (wall signs on the front), he said that sign #6 which says "Fisher Buick Co., Inc." has been there since 1956 and sign #7 which says "Mercedes-Benz" has been there under a permit since 1973. He said that Mr. Fisher has never been notified that his permits for signs #'s 1, 2, 3, and 7 were voided or terminated. He said that under the ordinance of 1972 he could keep these signs until he changed the business, the location of the business, or the name of the business, none of which he has done. He said they realized there were amendments to that ordinance with a deadline of January 19, 1980, which have brought ' this matter before discussion. With regard to the projecting signs located at the rear, he noted that sign #4 381.2 meets the sign ordinance requirements with respect to size, but that sign #5 is 9 ft. too large under the existing ordinance. He said that they ask that consideration be given to the fact that strict enforcement of the Sign Ordinance would be most unreasonable to Mr. Fisher because the signs exist under a valid permit and because the cost of these signs has been $20,000. He also noted that if sign #2 were moved back to the recommended 40 ft., it would place the sign inside the premises which would make strict enforcement unreasonable. In answer to Mayor Todd, City Attorney McCord said that the, fact that the signs 381.3 were constructed under a valid permit is not conclusive, that the Board needs to deter- mine whether it would be unreasonable to require removal or conformity now,and one of the factors to be considered is whether the sign owner has hada reasonable time *(below) Smith said that Fisher has taken steps to connect the two wall signs, #'s 6 & 7, 381.4 and Director Henry said that if they were connected to become one sign that there would be no problem. Sign Inspector Dietzen said one of the wall signs extends approximately 2-3 inches above the roof line and that a guy coming down from the wall holding the canopy would make it impossible to lower the sign. Director Henry moved to grant the variance over the roof if the two wall signs, 381.5 #'s 6 & 7 are connected. Director Sharp seconded the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. With regard to signs #'s 4 & 5, Henry said that one or both combined could be 381.6 put flat against one or two of the wall(s) and be in conformance. Following a short discussion, Director Henry moved to deny the requested variance on signs #'s 4 & 5. Director Colwell seconded the motion and the recorded vote was: *to amortise his investment. 6-3-80 3,s: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. 382.1 After the question was raised by Director Noland, the Board determined that the building is approximately 37 ft. from the existing right-of-way and was approximately 45 ft. from the old right-of-way. 382.2 In response to Mayor Todd, Mr. Smith said they have not considered moving sign #3 back 40 ft. as would be required; and in response to McCord, he said they have not obtained any estimates on the cost of the relocation of any of the free- standing signs. In response to Director Sharp, Mr. Fisher said the main sign, sign #2, is tall enough to be seen if it were moved back to 40 ft. 382.3 Director Sharp moved that a variance of 31 sq. ft. on size be granted for sign #2 if it is moved back the required 40 ft. from the right-of-way. Mr. Smith pointed out that the cost of moving a sign of this size would be prohibitive. Noland seconded the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. 382.4 Director Sharp, seconded by Noland, moved to deny the variance on signs #'s 1 & 3. Mayor Todd noted this would bring the number of signs and setback requirements into conformity, while one sign would be allowed the extra size. There being no further discussion, the Mayor called for a vote on the motion and the recorded roll call was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. SIGN APPEAL/VAUGHN ELECTRONICS CORPORATION 382.5 Mayor Todd introduced an appeal from Vaughn Electronics Corporation, d/b/a Radio Shack and Craft World, for a variance from the literal provisions of the Sign Ordinance, for existing signs located at 1700 North College Avenue. The variance requested is for permission to relocate two 50 sq. ft. free-standing signs so that a 100 -sq. ft. joint identification sign is created which would be located 40 ft. from the street right-of-way. The ordinance requirement for this Zoning District (C-2 "Thoroughfare Commercial") is 75 sq. ft. for joint identification signs at the proposed setback (or greater) plus 1 sq. ft. additional for each 500 sq. ft. in building floor area (in this case 83 sq. ft. total for both signs) unless the Board determines that strict enforcement would cause practical difficulties unique to the individual sign under consideration. 382.6 Paul Vaughn, representing his company, said that all supporting documents were included in the agenda and that the only variance requested is for 17 sq. ft. on size. In response to Director Colwell, he said they would work something out so that the proposed location of the sign would not interfere with the auto parts sigh to the west. 382.7 Director Henry, seconded by Noland, moved to grant the variance, and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. SIGN APPEAL/CENTRAL UNITED METHODIST CHURCH 382.8 Mayor Todd introduced an appeal from Central United Methodist Church for a variance from the literal provisions of the Sign Ordinance, for a sign located near the intersection of Dickson Street and Highland Avenue. The variance requested is for permission to allow an existing 7 sq. ft. free-standing sign to remain at a 2 ft. setback from the street right-of-way. The ordinance requirement for this 1 1 6-3-80 383 Toning District (R-0 "Residential -Office") is that free-standing signs must be removed unless the Board determines that strict enforcement would be unreasonable. Truman Yancey, representing Central United Methodist Church, said they had 383.1 considered moving the sign, but that the age of the sign and the trouble and limitations involved in moving the sign --the oak tree being the main obstacle-- makes it unreasonable to undertake this. He said the sign could not be relocated and still fit in with the building and he showed a photograph of the sign. In response to Mayor Todd, Sign Inspector Dietzen said that the required 383.2 setback for a sign of this size is 15 ft. from the property line. Directors Noland and Henry abstained from discussion as they are members of this church. In answer to Director Lancaster, Mr. Yancey said if the sign were moved to the 383.3 other side of the sidewalk to avoid the tree and still comply with the ordinance, that the tree would still block the sign when traveling toward the west and that the sign would not fit in with the building at that location. Director Colwell said that the Board has previously granted a variance for a 383.4 O sign 2 ft. from the right-of-way with visibility as the hardship, and that the hard - CO ship here is the moving of an older sign, trees, etc., which is similar in nature to 0 other variances which have been granted. He moved to allow the variance requested Q and Director Osborne seconded the motion. Q Mayor Todd said he would vote against the variance because he feels the sign 383.5 should be in conformity with the Sign Ordinance. There being no further discussion, the recorded roll call vote was: 383.6 Ayes: Sharp, Colwell, Osborne Nays: Todd, Lancaster Abstentions: Henry, Noland The Mayor declared the motion passed. MSP APPEAL/SCHOOL AVENUE FROM DICKSON STREET TO ARCHIBALD YELL BLVD. Mayor Todd noted that Mr. Carl Robertson was in attendance with negative 383.7 recommendations from both the Technical Advisory Committee and the Planning Commis- sion. On May 6, 1980 the Board had tabled Robertson's request to amend the City Master Street Plan's designation of School Avenue from Dickson Street to Archibald Yell Boulevard from "Minor Arterial" to "Collector" and referred the request to the Technical Advisory Committee and the Planning Commission for a recommendation. The TAC met on May 19 and recommended that the request be denied, and the Planning Commission voted on May 27 to uphold this denial. Robertson said he was appealing this decision to the City Board and asking them 383.8 to amend the Master Street Plan to designate School Avenue a collector street from Dickson Street to either Spring Street or to Archibald Yell Avenue. He handed out a memo stating the following factors that neither the Planning Commission nor the TAC considered in making the decision to deny his request: 1) Eighty feet of right- of-way for School Avenue from West Dickson Street to Spring Street are needed only if School Avenue is extended north to tie into Gregg Street by a straight or nearly straight connection; and 2) The possibility of constructing such an extension of School Avenue has virtually been eliminated by construction of the red brick apart- ments next to the Arkansas Institute of Theology Building. The memo also stated that the City Engineer and the City Manager have no objections to School Avenue being designated a collector street. Robertson said he was not fully prepared when he went to the Planning Commission 383.9 meeting because he was not aware that he had to set aside an additional 5 ft. for the balcony overhangs which completely eliminate one row of parking for about 270 ft. City Attorney McCord noted that the setback is measured from the overhang. Robertson went over the TAC recommendation of May 19 (in agenda) point -by -point 383.10 because he said he was not notified of the meeting and was not, therefore, able to present his case before the Committee. 1 6-3-80 384.1 384 In answer to McCord, Robertson said he would like to put the footing of the building 40 ft. from the right-of-way line. The alternative of establishing a 60 ft. right-of-way on School Avenue with a 10 ft. easement was discussed and Robertson said he would still have to get an adjustment because of the 5 ft. balcony overhang, but that with a 5 ft. easement an adjustment would not be required. 384.2 McCord noted that a 60 ft. right-of-way and a 1 ft. easement would give the City a total of 70 ft. for street and utility relocations and would not require that Robertson go back to the Board of Adjustment. Robertson agreed that this would be a workable solution. 384.3 Director Colwell moved to amend the City's Master Street Plan for a 70 ft. right-of-way on School Avenue between Dickson Street and Spring Street. Director Henry seconded the motion and the City Attorney read the ordinance for the first time. 384.4 Director Colwell, seconded by Henry, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor delcared the motion passed. 384.5 Administrative Assistant McWethy noted that the right-of-way should be designated as 60 ft. with a 10 ft. sidewalk and utility easement because the setback is measured from the balcony overhang which would require that Robertson obtain a variance from the Board of Adjustment. The City Attorney read the ordinance for the second time, but rewording it to reflect a 60 ft. right-of-way on School Avenue between Dickson Street and Spring Street and a 5 ft. sidewalk and utility easement ad0oining each right-of-way line for School Avenue between Dickson Street and Spring Street. 384.6 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: 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. 384.7 There being no further discussion, Mayor Todd asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: Sharp The Mayor declared the ordinance passed. ORDINANCE NO. 2636 APPEARS ON PAGE 324 OF ORDINANCE AND RESOLUTION BOOK i+ 1. REZONING/EAST OF CROSSOVER RD. & WEST OF VALERIE DR. 384.8 Mayor Todd introduced an ordinance rezoning property east of Crossover Road (Hwy 265 No ) and west of Valerie Drive requested by Harold Cornish in rezoning petition R80-9. The change requested is from A-1 "Agricultural" to R-0 "Residen- tial -Office" for Tract A (6.44 acres) and to R-2 "Medium Density Residential" for Tract B (5.53 acres). Todd said that the Planning Commission had recommended approval on May 27, and that the details were included in the agenda. The City Attorney read the ordinance for the first time. 384.9 Director Colwell, seconded by Henry, moved the rules be suspended and the ordinance be 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. 384.10 Director Colwell, seconded by 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 6-3-80 Jim Lindsey, representing 'Mr. Cornish, said that Cornish is requesting two "585.1 585.1 things to the mutual benefit of everyone: 1) zone a 150 ft. strip of land fronting Hillside Terrace R-1 to provide a buffer zone for homes with the condition that he will only divide this into three tracts if he would not have to pave this full street all the way to the top which would be an additional expense; and 2) except for City conveniences (e.g., fire protection, sanitation) that he would limit the access in the R-0 area so that traffic would come out on Hwy 265 rather than funneled across from the residential area. He said that he and Cornish feel this is an equitable solution which is very fair to the people who have invested a great deal of money in their homes and that this would be a good way to protect everyone's interests. He also indicated that Cornish and the residents are interested in paving the street to some standard in the future. McCord said that the restrictions on access or other conditions of the developer could be 'handled with a Bill of Assurance to run with the land which have been used in other rezonings; and that with regard to protecting Cornish on street improve- ments, the Board could pass a resolution reciting their concurrence with what the proposal was. Mr. Lindsey said that they would like to go back to the Planning Commission 385.3 with this proposed zoning concept so that they can get an idea of the Planning Commission's thinking on this and, therefore, determine what the cost might be. Director Colwell, seconded by Todd, moved to refer this rezoning request 385.4 back to the Planning Commission for their advice on this 150 ft. strip along Hillside Terrace so that Corn sh can better evaluate his request. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. 385.2 REZONING/WEST SIXTH ST. & HOLLYWOOD AVE. The City read an ordinance rezoning property, as requested in rezoning petition 385.5 R80-10 for 5 acres located near the southwest corner of West Sixth Street (Hwy 62 West) and Hollywood Avenue. The change requested by petitioner, Ben Hunt, is from I-1 "Heavy Commercial and Light Industrial" to C-2 "Thoroughfare Commercial". The petition was considered in a public hearing before the Planning Commission on May 27 and approval was recommended. Planning Consultant Larry Wood had recommended approval for the following reasons: 1) The rezoning request is in keeping with the character of the area and the existing uses; 2) The property is served by a principal arterial highway; and 3) The necessary public facilities are available. Speaking on behalf of the request, Jim Lindsey told the Commissioners that the property is west of. Consumers Pharmacy, and had been left out of a previously -granted rezoning through an oversight. Director Osborne, seconded by Noland, moved the rules be suspended and the 385.6 ordinance be placed on second reading. The recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared second time. Director the ordinance Ayes: Sharp, Nays: None The Mayor. declared the third and final time. There being no further The recorded vote was: Ayes: Sharp, Todd, Colwell, Nays: None The Mayor declared the ordinance the motion passed and the City Attorney read the ordinance for the Osborne, seconded by Henry, moved the rules be further suspended and be placed on third and final reading. The recorded vote was: Todd, Colwell, Henry, Lancaster, Noland, Osborne motion passed and the City Attorney read the ordinance for the discussion, Mayor Todd asked if the ordinance should pass.385.8 385.7 Henry, Lancaster, Noland, Osborne passed. ORDINANCE NO. 2637 APPEARS ON PAGE 38 b OF ORDINANCE AND RESOLUTION BOOK . 6-3-80 386 STREET WAIVER/MALLY WAGNON ROAD 386.1 Mayor Todd introduced a request by residents of Mally Wagnon Road for a waiver of street construction standards. The residents of Mally Wagnon Road, represented by Elvie P. Heiney, asked the Board to allow this street --for a distance of 500 ft. north of East Huntsville Road (Hwy 16 East) --to be paved 16 ft. wide without curb, gutter, or sidewalk. The residents would pay the entire cost of the materials (estimated at $3,870) with the City providing the labor and equipment. 386.2 Director Colwell said the Board Street Committee met on May 29 and recommended approval of this request. He said there is one party whose share will have to be paid by the others on the street and that it has been worked out with Clayton Powell about the elevation change on the drainage tiles on the west side of the street. He said the recommendation of the Street Committee is to handle this the same way as Cardwell & Gray Streets. He said that Powell said it would possibly be August before he could get to it because of previously scheduled work. 386.3 Director Henry, seconded by Sharp, moved to grant the waiver. City Manager Grimes noted that a short portion of the west side of this street is outside the City limits, but the recommendation is that we go ahead with the project. 386.4 There being no further discussion, the Mayor called for a vote on the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. BIKEWAYS GRANT 386.5 Mayor Todd introduced Mark Widder (Parks & Recreation Advisory Board), Mark Risk (Energy Committee), Ed Schweitzer, and Marion Orton, members of the ad hoc Bikeways Committee, who have pooled their efforts to develop a proposal for a first- year bikeways grant application for the City. Todd said he had originally thought we would have several weeks to develop this proposal, but it turned out to be several days. He said that the goals and objectives (in agenda) need to be trans- lated into specifics with cost figures, but that they do provide a structure to work from. He said that detailed budgets, dollar amounts, and proposals will be submitted at a later date. He said the final regulations would constrain some of goals and objectives and asked Mark Risk to respond with regard to what they propose after reviewing the regulations. 386.6 Mark Risk said that one month ago a representative from the State Highway Dept. came to Fayetteville and met with the NW Arkansas Planning Commission's Transportation Committee to discuss this grant program and that the ad hoc committee formed at that time to try to get a grant for Fayetteville. 386.7 Ed Schweitzer said that apparently $4 million is going to be spent nationally on bike trails and that Arkansas is to receive approximately $80,000 and that this money has to be spent by September 30 which means we have to have our proposal in by June 23. The proposal covers mainly two types of programs construction and education. He said the proposal has to describe the intent of the project; the benefits to the community (energy conservation, etc.); an estimate of the time necessary to complete the project; the amount of money needed --federal share will be 75 percent and City will be 25 percent to include in-kind services. He also covered other items to be covered in the proposal. 386.8 Mark Widder explained the philosophy behind the type of bike route system they recommend out of five possible types. The type they recommend, which is the national current trend, is a bike route system shared with automobiles because statistics show that bicycle accidents occur at intersections and this system would avoid conflicts that would occur in separate right-of-ways. He said they recommend assigning these routes on less heavily traveled streets along with an educational campaign on the proper operation of bicycles. It was also recommended to overlook 1 1 1 6-3-80 387 the construction of bike paths at this time because of the cost and to concentrate on short-term projects to encourage bicycle use in the City. Mark Risk outlined the goals and objectives included in the agenda and pointed 387.1 out that not all of them could be included in the proposal. The four main goals are: 1) to encourage the use of bicycles as an alternative form of transportation; 2) to make bicycle driving safer; 3) to develop a continuous bikeway system for intercity travel; and 4) to provide recreational experiences for bicycle enthusiasts. Ed Schweitzer explained that the three types of areas which would be feasible 387.2 for bike routes within defined corridors would be: 1) commuter traffic; 2) neighbor- hood trails; and 3) recreational trails. He said that what is needed is a master plan to take these three components and make some sense of them based on the basic use patterns (defined corridors). He said the grant will not cover planning and Mayor Todd said that an intern will be developing a master sidewalk and bikeway path Q) plan this summer so hopefully this can be accomplished. Schweitzer said they would 0 like to see a bicycle committee set up that would help to develop and administer the bicycle use plan. Mark Risk said that funding under this grant proposal would be for: 1) mapping; 387.3 2) assigning of routes; 3) development of an educational program; and 4) bicycle racks. Q He explained that these are things that can be done right away and that construction could not be funded at this time and would probably be a few years off until a master plan can be developed. He said that much interest has been shown in the community and that many things can be accomplished without funding through the use of volunteers. There was some discussion as to whether or not the summer intern would have time 387.4 to work on the bicycle paths, and Administrative Assistant McWethy pointed out that probably all his time would be taken up planning the master sidewalk plan. Director Henry moved that the City's contribution be $3,000 from the general 387.5 'fund either in-kind or cash contribution toward this grant proposal for mapping, assigning of routes, development of an educational program, and bicycle racks. Director Noland seconded the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. The Board decided that the present acl hoc committee would continue to work on 387.6 the bikeways grant and if the grant is awarded than a formal committee can be set up at that time. Risk said that they would be presenting a written proposal at the next Board meeting for approval. Todd suggested that they have Elaine Walker, Transportation Specialist at NW Regional Planning help them write the grant. CONSTRUCTION AWARD/FIFTH STREET, SHERMAN AVE., & SEVENTH ST. City Manager Grimes, in the absence of CD Director Mason, said the request is 387.7 to award the low bid for construction to McClinton -Anchor in the amount of $181,772.99 for 1979 street projects. These streets are Fifth (Sherman to Happy Hollow), Seventh (College to Church), and Sherman (Fifth to Huntsville Rd.). He said the engineer also recommended award of this contract and that the difference between the figure in Milholland's letter and the figure in the request is the alternate deduct which is the last block west of Church. Director Henry, seconded by Noland, moved to accept the low bid of McClinton- 387.8 Anchor and the recorded roll call vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. 1 RESOLUTION N0. 50-80 APPEARS ON PAGE SCI) OF ORDINANCE AND RESOLUTION BOOK I 388.1 6-3-80 388 ENGINEER SELECTION/STREETS & PARKING - HUD CD BLOCK GRANT Director Noland, seconded by Henry, moved to accept the recommendation from the CD Department regarding the selection of Milholland to design the improvements of South Block Avenue (Seventh to Thirteenth), Thirteenth Street (South Block to College), and associated parking areas. There being no further discussion, the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. RESOLUTION NO. 49-80 APPEARS ON PAGE Ir)] OF ORDINANCE AND RESOLUTION BOOK WATER AND SEWER RATE STUDY 388.2 Director Noland said it is the recommendation of the Water & Sewer Committee that Black & Veatch Consulting Engineers be retained to conduct a water and sewer rate study for the City. He said the agenda includes a letter from Black & Veatch outlining what they plan to do and they will plug in the Environmental Impact Statement recommendation for sewer treatment construction. He said there would be some savings in doing both the water and sewer studies at the same time. In answer to Todd, he said there would be an attempt to seek federal funding of 75 percent. 388.3 After a short discussion on water bill analysis and the technical aspects of the studies, the Mayor called for a vote on the motion. The vote at roll call was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. BUDGET ADJUSTMENTS 388.4 Finance Director Linebaugh explained that the list of budget adjustments for the period ending March 31, 1980 is a quarterly report which the Board will be receiving from now on. He said the budget adjustments for the General, Public Works, and Water & Sewer Fund Budgets were considered to be either Board -related or extraordinary expenses except for Water & Sewer. He said they are trying to get the Department Heads to stay within their budgets or get a budget adjustment later on. 388.5 In response to Lancaster, Linebaugh said that he will approve minor overages by having the Department Heads fill out a budget adjustment form taking the money out of another account and giving the reasons for the overage, but that final approval will rest with the Board and that McCord suggested these quarterly adjust- ments be passed by resolution; he said this will hopefully reduce these overages in the future. 388.6 Director Colwell, seconded by Henry, moved to approve the budget adjustments. There being no further discussion, the Mayor called for a vote on the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 48-80 APPEARS ON PAGE 11 t OF ORDINANCE AND RESOLUTION BOOK o x COURT PAYROLL 388.7 Finance Director Linebaugh explained that the County Controller's request to combine the City's and the County's payments of the Municipal Court personnel salaries would be advantageous to the City as well as the Court employees and that this will facilitate record keeping. The recommendation from the County is that the City pay the full salaries of the Municipal Court employees of which 1 1 6-3-80 the County will reimburse the 'City for its share of the cost on a monthly basis. 389 In response to Mayor Todd, Linebaugh said there would be no problem with cash flow and that the City would be reimbursed on payroll taxes. Director Lancaster, seconded by Noland, moved to approve this recommendation. 389.1 There being no further discussion, the Mayor called for a vote on the motion and the vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. PLANNING AREA MAP/CLEAR CREEK ACRES The City Attorney read an ordinance amending the planning area map of the City 389.2 by deleting Clear Creek Acres Subdivision and other additional property lying directly east thereof. CD Director Osborne, seconded by Henry, moved the rules be suspended and the 389.3 0 ordinance be placed on second reading. The recorded vote was: co 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. 'Cr Director Osborne, seconded by Henry, moved the rules be further suspended and 389.4 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. Administrative Assistant McWethy noted that this will not affect Fayetteville 389.5 IIIproperty. There being no further discussion, the Mayor called for a vote on the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the ordinance passed. SX ORDINANCE NO. 2638 APPEARS ON PAGE 3 87 OF ORDINANCE AND RESOLUTION BOOK 4tDt. BRYAN WALKER PROPERTY/ADJACENT TO WALKER PARK City Attorney McCord said that the City has attempted to negotiate the acquisi- 389.6 tion of the Walker property adjacent to Wdlker Park for an additional park site at Walker Park. He said they have received two appraisals and one review of the property and have made a formal offer of the established amount of just compensation, $22,250, but Mr. Walker has declined and it appears the land will have to be acquired through eminent domain. McCord said that the eminent domain proceedings would probably be contested with the argument that the City is trying to thwart the proposed black development --that a civil rights suit may be filed. McWethy noted that this seven acres north of Walker Park was put into the CD 389.7 budget for acquisition several years ago and that a black church in Fort Smith has a purchase option on this same seven acres for low-income housing, and that this purchase option .was entered into before wehad received our grant approval from HUD of which Mr. Walker was made aware. He said this housing is HUD funded and it is inconceivable that HUD would have approved the acquisition of this property several years ago for our purposes and then funded a housing project for the same piece of property. He said since the housing project is HUD funded it has to go through a local clearing house review which is the Regional Planning Commission which turned it down. He said discrimination can hardly be alleged when this property had been intended for park purposes many years before this housing project ever came on the scene and also because the review agency turned it down. 390.1 390.2 390.3 6-3-80 390 McWethy said the option to purchase was entered into in either March or April of this year and is for a purchase price of $72,000. McCord said their attorney indicated that there would be more to the law suit than the amount of money offered for the land. Director Henry said that the City's acquisition of this property is necessary because of the Heritage Conservation and Recreation Service grant -- that the City would lose much of the $200,000. After a short discussion, Director Osborne moved a resolution authorizing the City Attorney to institute eminent domain proceedings to condem certain property owned by Brian Walker for an addition to Walker Park. Director Lancaster seconded the motion and the recorded vote was: Ayes: Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None Abstain: Sharp RESOLUTION NO. 51-80 APPEARS ON PAGE SC OF ORDINANCE AND RESOLUTION BOOK 1/ OPEN LAND ACQUISITION/WASHINGTON MOUNTAIN Director Sharp said that Washington Mountain is going to be developed again as a PUD and he would like the Board to look seriously into the possibility of buying some open land between the trailer park and where the PUD starts. Mayor Todd said that this would be an appropriate time to initiate exploration and the Board agreed that the possibilities should be explored. LOT SPLITS 390.4 City Attorney McCord referred to his memo concerning enforcement of lot splits. His memo stated the City has an established policy of refusing to issue a building permit to a bona fide purchaser of a lot when the seller has failed to obtain lot split approval as required by the City's subdivision regulations, and that he recommends that the City discontinue this policy for the reasons outlined in his memo (in agenda). 390.5 His memo also explained that several weeks ago the Board refused the request of Mr. Howard Guinn to vary the City's 1.5 acre minimum requirement for septic tank use. Mr. Guinn purchased his property from Powell Shields in May 1979. The lot split actually occurred in 1977 when Riley Skilern sold the property to Shields. At that time, the City's 1.5 acre requirement was not in effect. McCord said it was his opinion that the City should issue Mr. Guinn a building permit for con- struction of a single family home to be served by a septic tank, and that criminal charges be filed and/or injunctive relief be sought against any seller who repeatedly violates the regulations. 390.6 McCord said the City Manager's Office and his office need to know if the Board agrees with this opinion. Grimes said he hasn't been able to accomplish anything at the Court House and recommends that we approve this particular lot split and file suit against Skilern, the original seller who has repeatedly violated this policy, and also ask the Court for an injunction to keep him from doing it again. He said that someone who inadverdently does this only once will not be prosecuted, but habitual offenders who have been doing this for years should be stopped and this is a good place to start. 390.7 In answer to Todd, McCord said that a procedure has been worked out with the Circuit Clerk's office whereby deeds will not be recorded unless they have been approved by the local planning commission, but that this procedure cannot be implemented until an opinion is received from the Attorney General as to whether or not it conforms to the statute. 390.8 Director Noland, seconded by Osborne, moved to approve Mr. Guinn's building permit and to file suit against Mr. Skilern. After a short discussion, the Board 1 6-3-80 agreed that this would not definitely establish future policy --that perhaps after 391 looking at several of these cases a continuing policy can be established. The Mayor called for a vote on the motion and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor delcared the motion passed. CEC ADDITION McCord said that the City has been approached by the University with regard to 391.1 enlarging the scope of the Continuing Education Center. He said that he, Grimes, and the architect met with Fred Vorsanger in his office a few weeks ago and discussed this possibility. He said the Board of Trustees have indicated they want to consider the possibility of adding space in the CEC for housing the System Administration Offices. McCord said it is a complicated legal -financial package, but it can be done if the City Board is in agreement. He said it would not involve any pledge of O additional HMR tax funds nor expose any City General Fund revenues to potential CO liability, but would be done under a different enabling act authorizing construction of school system offices --its called the Public Building Authority Act which Q authorizes the creation of a separate Public Building Authority that has the authority to issue bonds which would be used to finance this additional space. He said there would be a separate lease between the Public Building Authority and the University for the use of this space and the lease revenues would be assigned to the trustee to the benefit of the bond holders to secure payment of the bonds and the City would lease the air rights to the Public Building Authority. He said if the Board is receptive, in the very near future there will be application made by three or more qualified voters to be incorporated by this Board as a Public Building Authority to do this project. In answer to Todd's question about the parking situation, Grimes said the 391.2 original permit was for six floors and so basically the approval is intact;. however, the parking is tight and we need to figure out how to get a deck on the lot adjacent to the CEC. In answer to Colwell's question about parking on the sixth floor, Grimes said the City could pursue the possibility of contacting a pro- fessional parking concern to persuade thein to finance a deck. McCord said he needs to know if this is acceptable to the Board so that the 391.3 formation of a Public Building Authority can be pursued. Todd noted that the extra parking demand along with the extra revenue it will provide needs to be examined and Grimes said the University would be making annual lease payments. There being no opposition expressed, the Board moved on to the next agenda item. FLOWAGE FEE/DRAKE FIELD City Manager Grimes said that Royal American is beginning to train pilots at 391.4 Drake Field on Thursday and want to purchase their aviation fuel from Continential Ozark who is not licensed as a fixed base operator. He said that scheduled airlines are apparently exempt from buying their fuel from fixed base operators and since they would be an additional vendor at the airport, the proposed ordinance would impose a flowage fee, and he is recommending three cents per gallon. He said that commercial airlines reserve the right to purchase fuel from anyone and that is why we need an ordinance to impose a flowage fee on non -fixed base operators. McCord clarified that this would be a general ordinance that would apply to any supplier other than a fixed base operator who supplies aviation fuel to any airplane at our airport --they would pay a flowage fee of three cents per gallon. The Board I III agreed to go with three cents per gallon and amend the ordinance if the fee needs to be changed. The City Attorney read an ordinance amending Chapter 2A of the Code of Ordinances 391.5 providing for payment of a three -cents -per -gallon flowage fee by suppliers of aviation fuel to any airplane at the Municipal Airport who are not licensed as fixed base operators. 6-3-80 392.1 3 9 2 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance be 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. 392.2 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: 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. 392.3 In response to Mayor Todd, McCord said the ordinance would provide that the supplier(s) keep accurate records and remit them to the City. There being no further discussion, the Mayor asked if the ordinance should pass and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the ordinance passed. =X ORDINANCE NO. 2639 APPEARS ON PAGE 389 OF ORDINANCE AND RESOLUTION BOOK VITT. BID AUTHORIZATION/COMPACT PICKUP - AIRPORT 392.4 City Manager Grimes said he was requesting authorization to advertise for bids for a compact pickup to be used at the airport to haul trash, etc., as all they have now is a sedan to work with. 392.5 Director Osborne, seconded by Lancaster, moved to authorize the advertisement for bids and the recorded vote was: Ayes: Sharp, Todd, Colwell, Henry, Lancaster, Noland, Osborne Nays: None The Mayor declared the motion passed. ANNOUNCEMENTS 392.6 Director Henry reported that the Public Transit Board is fleeting regularly and that they have set up tentative routes with a start-up date around the 1st of August. She said there will be a meeting next Monday at 8 a.m. if anyone would like to attend. 392.7 Director Osborne reported that the senior center is proceeding along, and Mcwethy reported that the City is offering to purchase the Sang -Avenue Baptist Church for a senior citizens center at an appraised price of $110,000. He said we are scheduled before the Planning Commission on June 9 for a conditional use permit and then it is just a matter of formal Board and HUD approval. He said that any extra CD money which might be left over after the purchase of the church may have to go toward additional Planning Commission requirements such as paved parking or remodeling, and Grimes said the center should be made as compatible as possible with the neighborhood. MINUTES 392.8 The minutes of the May 20 meeting were approved with the following corrections: Director Sharp said he would like the discussion on beautification funds, paragraph 375.5 to reflect that the cost of the campaign should be borne by all of the businesses whose products had potential to become litter rather than the taxpayer. 392.9 The City Clerk noted that Osborne was absent at roll call on the two bid awards, paragraphs 378.8 and 378.10 and that his name should be deleted from the "Ayes". ADJOURNMENT 392.10 There being no further business the Mayor declared the meeting adjourned at 11:40 P.M. 1 1 1