Loading...
HomeMy WebLinkAbout1980-07-01 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETING 401 A meeting of the Board of Directors was held on Tuesday, July 1, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors. Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd; 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 Q) CALL TO ORDER O Following a moment of respectful silence and roll call, the Mayor called the CO meeting to order. 0 SIDEWALK CONSTRUCTION Q Director Colwell, Chairperson of the Board Street Committee, introduced a 401.1 recommendation from the Board Street Committee regarding sidewalks to be constructed by the City with approximately $50,000 in 1980 General and Public Works Budgets funds. He said the Committee met on Monday, Jurie 23, and is recommending that the City install the following sidewalks (listed in the order of their priority): - Leverett Avenue (North Street to Maple) 401.2 - Mission Boulevard (on the east side, from Ranch Drive to North Street) ' -Old Missouri Road (either along the "S" curve, from Elaine Street to Butterfield School or from Old Missouri Road, north of Apple Tree inn, east to Erroll Street) - Garland Avenue (along the west side, from North Street to Cleveland) - Center Street (from Duncan Avenue to the Youth Center entrance) Several residents from Elaine Avenue, Sweetbriar Drive, and Sharon Street were 401.3 in attendance in support of the installation of a sidewalk on Old Missouri Road along the "S" curve from Elaine Avenue to Butterfield School. Their spokesperson, Wayne Jones, said they were in favor of this route because the "S" curve is dangerous for children walking to and from school; for people who jog, walk, and ride bicycles along this route; and for theolder citizens from Appletree Inn who frequently walk along this route on Sundays. After some discussion, it was deter- mined that installation of sidewalks along the alternative route (from Old Missouri Road north of Apple Tree Inn east to Errol Street) could be done by developers at the time the property is developed. There being no further discussion, Director Lancaster moved that sidewalks be 401.4 installed along the "S" curve on Old Missouri Road from Elaine Avenue to Butterfield School, along with the above streets also recommended by the Committee. Director Henry seconded the motion and the vote was: Ays: Colwell', Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: "None' - The_Mayor deciared the.motion passed. `EOA CANNERY REQUEST Representatives from the Economic- Opportunity Agency (EOA) of Washington County 401.5 and the Rural Mountain Producer's Exchange were.ih attendance to advise the Board of the need for -a new community -cannery building and to ask for aid .in locating and acquiring such a building. . Bob French, representing EOA, said the cannery in its present location has been 401.6 a financial burden on the EOA and it is becoming increasingly difficult to sustain. He said the Johnson brothers have foregone the rent for this canning season so that 1 7-1-80 4 1B'the cannery can remain open. He said they plan to expand the cannery by redistri- buting the equipment around the County and moving the present cannery in Fayetteville to another location. He said the overall plan in the grant they are presently submitting to the regional district is asking for funds for three canneries in Washington County, one of which will be located in Fayetteville; that they plan to move some of the equipment from and reduce the size of the Fayetteville cannery. He said they are asking the Board to help locate a place for the cannery and mentioned that it might possibly be located in the Co-op Warehouse if a better location cannot be found and that they will need approximately 1,600 sq. ft. He said they are also asking that the City become more involved in the community cannery by aiding in the moving of the present equipment, sponsoring awareness of the cannery, and hopefully subsidizing it in the future. He said they figure the cost will be approximately $6,000 per year and that grant money will possibly cover first-year costs. 402.1 Wilbur Watson, manager of the Farmer's Market (part of the Rural Mountain Producer's Exchange) and the Community Cannery, said that the EOA asked Farmer's Market to manage the cannery for them when it was set up and they have managed it for five years. He said that approximately 400 people used the cannery last summer and that approximately 60 percent were low or medium income families, mostly young people with big families that need to save money on food. He said there is no way they can charge enough to cover expenses and that the future operation will have to be supported by the community and grants. He said he supervises one full-time CETA worker, four summer youth program workers, and four CETA workers who work two days per week. He said they had attempted to operate a storefront to cover expenses, but it did not produce enough revenue; therefore, the cannery will be operated on a seasonal basis from June to October from now on. 402.2 French said they had developed a list of possible location sites and that the Washington County Fairgrounds had been their first choice, but there were problems with the equipment being in the way during certain events. He said their top priority now is to locate in the center of the City) He also noted that there is a possibility that County property may be donated for the cannery and if the City of Fayetteville would help with the facility, they feel they could develop a work- able solution. He said ideally they would like the Board to take a new building under consideration and it was suggested that EOA explore the possibility of using Community Development funds. Director Henry mentioned that Jim Taylor at the NW Vocational Technical School in Springdale is looking for a project to build, with Voc Tech supplying the labor if the materials are donated. French said that he would contact Taylor and possibly the City would then only need to donate the materials. 1 REZONING/SOUTH SIDE OF APPLEBY RD. WEST OF NORTH COLLEGE AVENUE 402.3 The New Testament Chapel, by L.A. Smith, Trustee, requested in rezoning petition R80-11 that 0.92 acres on the south side of Appleby Road, approximately 0.2 mile west of North College Avenue be rezoned from A-1 "Agricultural" to R-2 "Medium Density Residential." The petition was considered in a public hearing before the Planning Commission on June 23, and Planning Consultant Larry Wood recommended approval for the following reasons: 1) It is "consistent with the surrounding zoning and develop- ment pattern;" 2) Water and sewer facilities are available to serve the property; and 3) The requested R-2 "will serve as a buffer" from the commercial development expected to the east. While there was considerable discussion as to what street improvements might be required of the developer of the property, there was no public opposition expressed to the rezoning and the Planning Commission recommended approval, 5-0. 402.4 Harry Gray with Northwest Engineers confirmed that they will be tearing down the old building and building an apartment complex. 402.5 In answer to Todd, Grimes confirmed that an interim road had been constructed from Hwy 71 west to where Appleby Road turns north with Mr. Bishop supplying materials and the City furnishing labor and equipment, and that the intent was to bring it up to City standards as land was developed adjacent to this road. 7-1-80 He said that Mr. Bishop has done this with his recent development along the north4 0 3 side of the roadway and that improvements to be required of the developer need to be addressed. City Attorney McCord pointed out that Ordinance 2321, adopted April 5, 1977, 403.1 requires that when development takes place along an unpaved street, the developer, at his expense, shall install curbs, gutters, and sidewalks and shall provide any additional street width and street right-of-way where needed. He said that State enabling legislation authorizes municipalities to regulate development of land and if proposed development is traffic generating, creating a need for the improvements, then the City can require the developer to bear the expense of the improvements he has created a need for. He said the Planning Office has not been enforcing this particular section of the Code of Ordinances and that they need some guidance from the Board regarding future policy. He also stated that this is not a pertinent factor relating to the rezoning of this property. 0) City Manager Grimes suggested passing a separate resolution instructing the 403.2 0 Planning Office that if and when a building permit is issued for multi -family con - OD struction upon that parcel, that a condition of theapproval of that permit be a commitment to bring that property up:to City,..standards. The City Attorney pointed out that Ordinance 2321 has since been amended to 403.3 read "When development takes place along any street which does not meet full City Q standards, the developer, at his expense, shall install street paving, curbs...." McCord then read the rezoning ordinance for the first time; Director Osborne, 403.4 seconded by Lancaster, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the ___ second time. Director Osborne, seconded by Henry, moved the rules be further suspended and the 403.5 ordinance be placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. After brief comments from Ralph Freeman, the prospective developer, the City 403.6 Attorney clarified that the issue before the Board is the proposed land use and that improvements required of the developer to bring property up to City standards should be considered separately. Wade Bishop addressed the Board, stating the improvements he as a developer had 403.7 made to Appleby Road from. Hwy 71 to the west end of the blacktop. He stated that all of the property up and down Appleby Roacl will soon be developed, so he would hope that the City would not allow a 200 ft. gap that does not meet City standards. There being no further discussion, the Mayor asked if the ordinance should pass 403.8 and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2642 APPEARS ON PAGE 395 OF ORDINANCE AND RESOLUTION BOOK IX Director Lancaster offered a motion such that the Planning Office would be instructed that before a building permit is issued for this property that it be brought up to City standards. After some discussion as to whether or not this resolution should have general application, Director Osborne offered an amendment to the motion specifying "building permits other than single family." 403.9 7-1-80 404.14/(/4 McCord said the ordinance itself should be clarified to define the terms 'developer" and "development" so that it clearly doesn't apply to single-family construction, as a court would probably find the ordinance unconstitutional as applied if property owners are required to spend several thousand dollars as a condition preceding a building permit if the property owner only has one car that generates very little traffic. He said the appropriate motion now would be for this property and then come back at the next Board meeting with an amend- ment to the ordinance to clarify matters. 404.2 Director Osborne withdrew his amendment to the motion and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the resolution passed. RESOLUTION N0. 65-80 APPEARS ON PAGE QL O OF ORDINANCE AND RESOLUTION BOOK `%C REZONING/EAST OF CROSSOVER ROAD & WEST OF HILLSIDE TERRACE 404.3 The City Attorney read an ordinance rezoning property, as requested in rezoning petition R80-9 by Harold L. Cornish, for 11.97 acres east of Crossover Road (Hwy 265 North) and west of Hillside Terrace. The change requested is from A-1 "Agricultural" to R-1 "Low Density Residential," R-2 "Medium Density Residential," and R-0 "Residential Office." This petition was first considered in a public hearing before the Planning Commission on May 27. Planning Consultant Larry Wood had recommended approval because 1) the proposed land use pattern is in keeping with the adopted General Land Use Plan; and 2) the necessary public facilities are available to serve the property. At this Planning Commission meeting there was considerable opposition to the proposed rezoning (which was from A-1 to R-2 and R-0) from the residents of the area who didn't want such land uses across the street from their homes. The rezoning was recommended for approval, however, by a 7-1 vote. At the June 3 Board meeting the petitioner said he would like to amend his request so that there would be a 150 ft. deep strip of R-1 west of Hillside Terrace and south of Valerie Drive to "buffer" the single family homes on the east side of Hillside Terrace from the R-2 and R-0 activities along Crossover Road, and the Board referred this rezoning request back to the Planning Commission for their advice. The amended request was reviewed by the Commission on June 23 and was recommended for approval by a 5-0 vote, with Commissioners Anderson, Crocker, Cullers, and Hailey absent. The Commission also approved splitting the R-1 part into no more than three single-family lots, and indicated that no off-site improvements would be required for this parceling. 404.4 Director Henry, seconded by Todd, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the second time. 404.5 Director Osborne, seconded by Noland, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None 404.6 McCord read the ordinance for the third time and the Mayor asked if the ordinance should pass. Upon roll call the vote was unanimous. 404.7 A property owner in the audience noted that the developer had previously offered to limit the access in the R-0 and R-2 areas so that traffic would come out on Hwy 265 rather than funneled across from the residential area, and the Board agreed that the minutes should reflect the City's acceptance of the developer's offer to execute a Bill of Assurance to run with the land. ORDINANCE NO. 2643 APPEARS ON PAGE 3,1 OF ORDINANCE AND RESOLUTION BOOK Zx . 1 1 1 7-1-80 DEVELOPMENT APPEAL/THE PARTS STORE 405 On June 23 the Planning Commission approved a Large Scale Development plan for 405.1 "The Parts Store" on Hwy 62 West west of Razorback Road, including a waiver of the sidewalks as required by Ordinance 2622. The City Code states that the developer or owners of any property adjacent to the proposed Large Scale Development or any member of the Board of Directors may appeal the decision of the Planning Commission to the Board of Directors, and on June 26 Director Sharp filed such an appeal, asking the Directors to review and possibly overturn this sidewalk waiver, as "it is con- trary to both the spirit and intent of Ordinance 2622 as well as the City's proposed Master Sidewalk Plan." Director Osborne abstained because the property owners' counsel is one of his 405.2 colleagues. Mr. Dave Stewart, representing the property owners asked Director Sharp to abstain since he filed the appeal, but Sharp indicated he could objectively represent the people along Hwy 62. Q) Stewart said that within 15-18 months the State is going to build apshalt walk- 405.3 O ways adjacent to the highway and that they feel this will suffice for a sidewalk CO and the waiver is, therefore, justified. He said it was his understanding that this was the basis for the Planning Commission granting the waiver. He said this project qualified for a Large Scale Development because of the 1.79 acres, but that only 1/3 of the property will be developed. He said they would ask that if the Board decides Q they must put in a sidewalk, that they only be required to put in 104 ft. across the portion of the property to be developed. Director Sharp said he has been concerned about sidewalks for two to three years 405.4 and that over 1,000 signatures have been obtained from people asking for sidewalks along Hwy 62, including all the schools in that area as well as the Chamber of Commerce, and that the City Board went on record in support of sidewalks along Hwy 62. He said that after talking to national representatives and the Governor, we are t finally getting a small path, but that we now have a five-laned development without sidewalks. He said it is going to cost the land owner approximately $5 per foot to pay for them and he does not feel that it is unreasonable to ask that we provide a safe way for children to walk to and from school. Mayor Todd clarified that the discussion was concerned with the south side of 405.5 Hwy 62; in answer to Sharp, Stewart said they would not object to putting in a 104 ft. sidewalk along the south side. McCord said the City would be ensured of sidewalks with any future development if a new ordinance which will be coming up for consideration at the next Board meeting is adopted. City Manager Grimes said he talked to the resident engineer and there will be.a 405.6 4 ft. paved shoulder with curb and gutter on the south side in addition to the 8 ft. paved shoulder on the north side, both directly adjacent to the highway; and he clarified that a 4 ft. standard sidewalk. would be separated from the highway by 5 ft. He also asked the Board to consider the possibility of having the owner -developer work with the contractor to have two or three more feet added to the shoulder. Director Lancaster moved to require that a standard size concrete sidewalk be 405:7 constructed along the 104 ft. and to leave the other portion of the property exempt at this time. Director Colwell said he did not see the need for more than 4 ft. of walkway on the south side with 8 ft. on the north, and Director Henry said she felt it would be more economical if the owner -developer could work with the contractor to have three to four more feet added to the shoulder. Lancaster said the Board should decide if asphalt will substitute for sidewalks in the future as there will be a lot more development.. There being no further discussion, the Mayor called for a vote on the motion and 405.8 the recorded vote was: Ayes: Henry, Lancaster, Noland, Sharp, Todd Nays:.Colwell Abstan: Osborne The Mayor declared the motion passed. 7-1-80 4 `SIGN APPEAL REHEARING/KH&T COMPANY (WALKER -STONE HOUSE) 406.1 On May 20 Attorney Hugh Kincaid appeared before the Board to request a variance on a 6.75 sq. ft. sign which was 9 ft. closer to the street right-of-way than allowed by the City's Sign Ordinance. His request was denied by a 4-3 vote. 406.2 Kincaid said he is asking the Board to reconsider his variance request because the situation has changed since the first appeal. He said they have completed arrangements with the State Preservation Office and will have the public visiting the building now between the hours of 3 and 5 P.M., and this information is included in a separate sign connected to the bottom of the original sign. 406.3 He asked that the Board consider the following factors in making their judgment on the appeal: 1) the practical difficulty in relocating the sign so it will be visible to customers, clients, and members of the general public. He showed photo- graphs with views from the west and east, pointing out that trees and other buildings would block the view if moved back 9 ft. He also pointed out the difficulty of balancing in appearance the historical marker with the sign and said the historical marker should not be moved because of its condition. He said before they moved to their present location which has always been a home previously, they were in another location for 16 years; that without a conspicuous sign they are difficult to locate; 2) they have an advertising agency as tenants in the building who are concerned about establishing their business. He said that they believe the sign meets the spirit and intent of the ordinance because it is 18 ft. back from the edge of the curb, but that the definition of right-of-way construes it to be 6 ft. back from the right-of-way; 3) safety consideration --vision would be impaired and it would be a traffic hazard; and 4) the sign is a product of considerable research and study and was designed by one of the State's leading restoration architects; and it is located where it is historically, esthetically, and architectuarally correct for that property; that by covenance the sign cannot be placed on the building. He said that given the work, study, preparation, and expertise to complete the installation, the benefit of the doubt should lie with the petitioners. 406.4 Mayor Todd read a section of the Board's rules and procedures dealing with reconsideration whereby any member of the majority may move a reconsideration of any action at the same or the next succeeding meeting provided that a resolution authorizing or relating to any contract may be reconsidered at any time before final execution thereof. A motion to reconsider requires a simple majority for passage. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. He asked if any of the four members who voted with the majority would offer a motion for recon- sideration and there was no motion offered. There being no motion, the Board moved on to the next agenda item. 1 1 SIGN APPEAL/TIM'S PIZZA 406.5 Administrative Assistant McWethy introduced an appeal from the literal provisions of the Sign Ordinance, for an existing sign located at 2730 North College Avenue by petitioner Mel Cranston, owner of "Tim's Pizza." The variance requested is for per- mission to allow an existing 22 sq. ft. free-standing sign to remain at an 8 ft. setback from North College Avenue. The ordinance .requirement for this zoning district, C-2 "Thoroughfare Commercial" is for a 21 ft. setback for a sign of this size unless the Board determines that strict enforcement would be unreasonable. As McWethy explained, before the Board meeting petitioner had reduced the size of the sign by 48 sq. ft. and had moved it back 3 ft. (it had previously been 70 sq. ft. at a 5 ft. setback). Mayor Todd clarified that the petitioner was requesting a variance of 13 ft. setback for the sign. 406.6 Mel Cranston addressed the Board and presented photographs of the sign from various views before and after he had lowered it by 7 ft., reduced the size, and moved it further back from the street. He said if the sign were moved back another 13 ft. to conform with ordinance requirements, it would be behind the hill and would be totally obscured unless it is placed on the north edge of the lot, and Sign Inspector Dietzen said Swepco has an overhead easement to the north. Cranston 1 i 7-1-80 said they cannot put it on the south because it would be obscure and in front of 407 an existing sign and if they moved it back it would cause a traffic problem with people trying to see it and that semi trucks would have to park in the street as there would not be room in the parking lot. Director Osborne moved to grant the variance at an 8 ft. setback for so long as 407.1 Tim's Pizza remains in that location; if the business changes it will be required that they come back to the Board. Director Colwell said he would second the motion because Cranston had done everything possible to conform to the ordinance. There being no further discussion, the Mayor called fora vote on the motion and the vote was: Ayes: Colwell, Noland, Osborne, Sharp, Todd Nays: Henry, Lancaster The Mayor declared the motion passed. SIGN APPEAL/JUSTIN & JERRY'S LIQUORS Justin Daniels, owner of Justin & Jerry's Liquors had filed an appeal from the 407.2 literal provisions of the Sign Ordinance for an existing sign located at 1904 North 0 College Avenue. The variance requested is for permission to allow an existing pro- jetting sign to extend 18 inches above the roof line.. The ordinance requirement for this zoning district, C-2 "Thoroughfare Commercial," is that projecting signs Q must not extend above the roof line unless the Board determines that strict enforce- ment would be unreasonable. Carl Harness, Attorney for petitioner, addressed the Board, referring to the 407.3 brief he had prepared (in agenda) in support of the request for the signvariance in which he noted there were originally three deficiencies, two of which have been corrected (two roof signs were removed), and that the owner has attempted to lower the roof sign --that if it were not for the projection over the roof, the sign would be in conformance. He said Boyer Sign Company informed the petitioner that the projecting sign was too near the power lines running parallel with College Avenue and presented too much of a danger for their workers to lower the sign. He said they contacted another company, but they declined to give an estimate of the job. He said they are asking for the variance because petitioner has in good faith attempted to correct the violations. Director Colwell expressed doubt that power lines would be so close to the sign 407.4 as to present a dangerous risk and suggested the lines might be telephone or tele- vision lines. Director Osborne, seconded by Colwell, moved that the request be granted con- 407.5 ditional for so long as that exact sign is there; any new sign should conform to the ordinance. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. SECTION 8 DISCHARGE City Manager Grimes explained that a resolution authorizing the assignment of 407.6 the City's Section 8 Rental Assistance Program to the Fayetteville Housing Authority is a housekeeping item done annually. Director Henry, seconded by Noland, moved to execute this agreement whereby 407.7 Fayetteville Housing Authority would handle the Section 8 Rental Assistance Program. There being no discussion, the Mayor called for a vote on the motion and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 66-80 APPEARS ON PAGE a 11OF RESOLUTION AND ORDINANCE BOOK 1 )( . 7-1-80 4 O`PUBLIC BUILDING AUTHORITY FORMATION 408.1 The City Attorney said that a resolution authorizing the formation of a Public Building Authority for the purpose of providing facilities for governmental functions of the University of Arkansas system is a financing vehicle to construct the two additional floors on the Continuing Education Center requested by the University Systems Office. He said that by statute a Public Building Authority has jurisdiction to issue revenue bonds to finance the school administration offices and that the Tourtsm Revenue Bond Act does not grant such authority, so this is the procedure that needs to be followed. He said that bond attorneys would like for it to be treated as an ordinance to be read three times. 408.2 McCord read the resolution for the first time and Director Lancaster, seconded by Henry, moved the rules be suspended and the resolution be placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the resolution for the second time. 408.3 Director Henry, seconded by Osborne, moved the rules be further suspended and the resolution be placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the resolution for the third and final time. 408.4 The City Attorney explained that the three applicants, Walter Cox, John McNair, and Richard I. Ezell were asked to contribute their time and had agreed to do this. The Board expressed their appreciation and the Mayor called for a vote on the resolution. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 67-80 APPEARS ON PAGE a 5 $OF ORDINANCE AND RESOLUTION BOOK 12( . FOOD SERVICE FRANCHISE AWARD/NEW TERMINAL BUILDING 408.5 With regard to the award of the food service franchise for the new Terminal Building at Drake Field, Director Lancaster, Chairperson of the Board Airport Com- mittee, said there was only one bidder, McDonalds, and that all the information is luded in the agenda. He said the Airport Committee recommends that the franchise be awarded to McDonalds, and Grimes said the final written contract will be subject to Board approval. 408.6 Director Lancaster, seconded by Henry, moved to award the contract to McDonalds and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. TERMINAL CHANGES 408.7 Director Lancaster said that a resolution authorizing a change order for airport terminal modifications to provide counter space for Royal American Airways is the result of a meeting with Royal American and the other airlines and that the Airport Committee recommended that Royal American proceed with the work and execute the contract. It was agreed that Royal American would pay the cost up front and that the City will deduct the cost from their monthly rent until it is paid in full. Grimes said it would take approximately two years for them to pay it off and that they will be almost rent free during that time. 408.8 There being no further discussion, Director Lancaster, seconded by Henry, moved to approve the resolution and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 68-80 APPEARS ON PAGE(, a OF ORDINANCE AND RESOLUTION BOOK \X 7-1-80 TEN-YEAR MASTER PLAN/DRAKE FIELD 409 Director Lancaster reported that the Airport Committee recommends that the firm 409.1 of McClelland Consulting Engineers be retained by the City to develop a Ten-year Master Plan for the future development of Drake Field, and than an F.A.A. Planning Grant be requested for this Master Plan preparation. The final contract, including all proposed fees, is to be presented for Board approval at a future meeting. Director Lancaster, seconded by Henry, moved to accept this recommendation and 409.2 the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. OLD TERMINAL BUILDING LEASE DirectorLancaster reported that the Airport Committee recommends that the Old 409.3 0) Terminal Building be leased to Continental Ozark, Inc. for development as the 0 operational hub of a Fixed Base Operation Complex; and this approval would be con - CO tingent upon the City and Continental Ozark, Inc. being able to reach agreement on Q a final contract to be presented to the Board at a future meeting. He said two Q basic provisions to be contained in the contract are: 1) $5 per sq. ft. per year space rental; and 2) a 2 percent local aviation gasoline tax on all fuel sales to Q be paid to the City. Skyways representatives George Henry and Dick Seddon were present to inquire as 409.4 to whether this lease would include the old wooden hanger which Skyways has leased until December 31, 1980, and Director Lancaster assured them that this would not be part of the contract and that the final document would include all the requirements of the City ordinance and that Skyways would be welcome to review the final contract with Continental Ozark.. There being no further discussion, Director Lancaster, seconded by Osborne, 409.5 II/ moved to accept this recommendation and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. SERVICE ROADWAY/OLD TERMINAL BUILDING Director Lancaster reported that the Airport Committee recommended that the Board 409.6 authorize the installation by City crews of a service roadway from the Old Terminal aircraft parking apron to the New Terminal aircraft parking apron. He said this is to avoid having to run service vehicles out onto the taxiways, and that the estimated material cost is $2,346. Director Lancaster, seconded by Noland, moved to accept this recommendation and 409.7 the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. BID AWARD/PICKUP TRUCK/AIRPORT After a short discussion, Director Osborne, seconded by Henry, moved to award 409.8 the bid of $5,635 for one small pickup for the Airport Manager's Office to Jim Ray Chevrolet, the only bidder. The City Manager said that funds to acquire this equip- ment would be appropriated from the General Fund to be repaid from the Airport Fund and that a budget adjustment will be required. The Mayor called for a vote on the motion and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. 1 7-1-80 41`QUDJET ADJUSTMENT 410.1 The City Attorney reminded the Board that the Finance Director had asked that budget adjustments required from Board actions be passed by resolution at the same meeting. 410.2 Director Osborne, seconded by Henry, moved a resolution authorizing a budget adjustment outlined by the City Manager with regard to the adjustment required for the purchase of the pickup truck for the airport which requires an appropria- tion from the General Fund to be repaid from the Airport Fund. The Mayor called for a vote on the resolution and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 69-80 APPEARS ON PAGE(2(4/4. OF ORDINANCE AND RESOLUTION BOOK 1 X . NOMINATIONS/COMMUNITY DEVELOPMENT & HOUSING COMMITTEE FORMED 410.3 Director Henry reported that the Nominating Committee met on June 30 and recommends that Wayne B. Ball be appointed to fill the unexpired term of Steve Nickles on the Board of Adjustment, to end April 1, 1982. Director Henry, seconded by Colwell, moved to accept this recommendation and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. 410.4 Director Henry said that the Nominating Committee recommends that the nine re- maining positions on the Community Development Committee be merged with the five remaining positions on the Housing Assistance Plan Committee to form the Community Development and Housing Committee. 410.5 Director Henry, seconded by Lancaster, moved to accept this recommendation and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. 410.6 Director Henry also reported that the Nominating Committee recommends that three additional people be added to the newly formed Community Development and Housing Committee, bringing the total number of members to 17. She said the Committee recommends that Bill Lynes, Philip A. Thompson, and Margaret Clark be appointed for terms ending July 1, 1983. 410.7 Director Henry, seconded by Osborne, moved to accept this recommendation and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. BID AWARD/FIRE HOSE AND ADAPTERS 410.8 Director Noland, seconded by Lancaster, moved to accept the Purchasing Officer's recommendation that the 5" Hose bid be awarded to the low bidder, Day Fire Equipment Company of Clarksdale, Mississippi in the total amount of $4,466; that the 3" Hose bid be awarded to the low bidder, Day Fire Equipment in the amount of $1,498; and, that the bid of Treadway Electric, the low bidder for the 5" adapters and valves, be accepted in the amount of $1,094.51. He said the 1980 Revenue Sharing Budget includes enough funds for this purchase. 410.9 The Mayor called for a vote on the motion and the vote was: Ayes: All Nays: None The Mayor declared the motion passed. 1 1 7-1-80 BID AWARD/LIQUID OXYGEN/POLLUTION CONTROL PLANT Director Osborne, seconded by Henry, moved to accept the Purchasing Officer's recommendation that the liquid oxygen bid be awarded to Union Carbide, Linde Division, the only bidder, for a contract to begin on the date of the bid award and extend for a 12 -month period thereafter per terms and conditions issued on June 19, 1980 and contained in the Official Notice to Prospective Bidders. The total anticipated cost for this service is $17,250. The Mayor called for a vote on the motion and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. RESOLUTION NO. 71-80 APPEARS ON PAGE alooF ORDINANCE AND RESOLUTION BOOK i X( . BID AWARD/TRAFFIC SIGNS & CHANNEL IRON POSTS 0 Director Henry, seconded by Osborne, moved to accept the Purchasing Officer's Q recommendation that theline item bid with quantities estimated be awarded as checked for each item (in agenda). The companies receiving the awards are: Q Interstate Highway Sign Co., Little Rock, Ark.; Hall, Bloomington, Indiana; Q U.S. Standard, Toledo, Ohio; and Arkansas Culvert, Alexander, Ark. He said that both the City and County could vary actual quantities ordered dependent on needs and funds available. The Mayor called for a vote on the motion and the vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. 411 411.1 411.2 411.3 411.4 RIDGE HOUSE RESTORATION City Manager Grimes said that we are ready to execute a contract for the restora- 411.5 tion of Ridge House and that the HUD people feel that our Mayor and City Clerk should execute that contract since there are CD funds involved; however, the ownership of Ridge House will remain in the Historical Society's name and that the attorneys will need to work out the agreement. Director Osborne, seconded by Henry, moved to authorize the execution of a con- 411.6 tract by the Mayor and City Clerk for the restoration of Ridge House by Pennington Construction Co. for $52,018, with CD funds furnishing $45,000 and the Historical Society providing the balance ($7,018). There being no further discussion, the Mayor called for a vote on the motion 411.7. and the vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed. RESOLUTION NO. 70-80 APPEARS ON PAGE .Q6/00F ORDINANCE AND RESOLUTION BOOK UK SOLID WASTE AUTHORITY Director 'Henry said that according to ordinance the Board has to approve the 411.8 addition of .new members to the Solid Waste Authority, and that the Rogers and Siloam Springs City Councils have both passed ordinances tendering the cost plus a 5 percent penalty of the seed money that was required to be alloted in the beginning,; this ordinance would be approving the addition of Rogers and Siloam Springs to the Northwest Arkansas Solid Waste Authority. The City Attorney read the ordinance for the first time and Director Osborne, 411.9 seconded by Noland, moved that the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the second time. 7-1-80 412.1 4 1 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: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 412.2 There being no further discussion, the Mayor asked if the ordinance should pass and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2644 APPEARS ON PAGE 311 OF ORDINANCE AND RESOLUTION BOOK = X . STREET CLOSING/COMMERCE STREET & UNOPENED ALLEY 412.3 The City Attorney said that Ordinance 2596, passed by the Board February 5, 1980 had an incorrect legal description that was discovered by the Planning Office, and he read an ordinance correcting the legal description. 412.4 Director Osborne, seconded by Colwell, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the second time. 412.5 Director Osborne, seconded by Colwell, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 412.6 There being no further discussion, the Mayor asked if the ordinance should pass and the recorded vote was: Ayes: Colwell, Henry, Lancaster, Noland, Osborne, Sharp, Todd Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2645 APPEARS ON PAGE 400 OF ORDINANCE AND RESOLUTION BOOK :EX . CEMS BOARD MEETING 412.7 Director Colwell reported that the Central Emergency Medical Service Board met with the County Judge, the County Collector, and the Legal Counsel an Monday morning and they asked that that the CEMS Board bring to them a request of what the CEMS's needs are going to be for continued service for the rest of this year; he said that they are going to give them two figures: one will include what it will take with the loan of $23,000 from the City and $10,000 from the County as being loans that have to be repaid; and the other figure will reflect the loans to be given as outright grants. He said the ordinance itself is worded specifically that there will be an assessment or levy of $15 for 1980 and that they might try to get around this by passing a new ordinance. He said it is not a matter of funding CEMS until December 31, but rather until October 1 next year when the first tax money comes in. Colwell said he was asking the City Board how they feel about making the $23,000 an outright gift. 412.8 Director Lancaster reminded the Board that they had originally said that they would make it an outright gift if the County would also make their $10,000 loan a gift. The Board agreed that Director Colwell could report that the City would make their $23,000 loan a gift if the County would make their $10,000 loan a gift. 1 7-1-80 WASHINGTON COUNTY EQUALIZATION BOARD NOMINATION 413 Administrative Assistant McWethy said the cities and towns of Washington County are entitled to select one of the three members of the County Equalization Board and that the Fayetteville City Board might want to select a nominee because other cities in Washington County have made nominations. He said there is a time consider- ation involved because the Equalization Board will start meeting during the month of August and that the three members represent the schools, the County, and the cities. He said the Mayors of Washington County will meet and select the nominee to represent the cities and towns of Washington County. McWethy explained that it will be a full- time job for one month each year. After a short discussion, it was agreed that Director Lancaster would be the nominee unless he should be disqualified because he is an elected City official. WALKER PARK Director Henry asked the Board, with regard to the Walker Park lawsuit, if the O Board should give the deed back to Brian Walker and let the banks administer the CO park as requested in the Brian Walker lawsuit. The City Attorney said that if this 10 should transpire, then the City would be relieved of any obligation to pave the Q streets which would release a considerable amount of money which could be used to Q develop another park. Administrative Assistant McWethy said that CD funds would remain available, but that the HCRS funds would probably not be --that a new grant application would be required. He said that the present HCRS grant provides that we match our $261,000 with their $200,000; but that out of that amount, $177,000 would be spent on roads mandated by Brian Walker --so the net loss is not that great. The City Attorney pointed out that if this is considered as a serious alterna- tive, then the Board should consider several factors, one of which would be that the Board would not have the expense of acquiring the additional seven acres which 111 would release money for another park. McCord said there is a possibility that an overall settlement on our eminent domain case and Walker's Federal and Chancery Court cases could be pursued if the Board so desired. He said with regard to the Federal case, he had filed a motion to dismiss; with regard to the eminent domain case, Walker has filed a motion to contest the right to take; and with regard to the Chancery Court case where Walker seeks a recision of the deed, a summons has not been issued and McCord has not filed an answer because he wants to find out what the Board's position on this possible settlement proposal was. Director Osborne suggested and the Board agreed, that McCord should pursue the possibility of this overall settlement and present it to the City Manager who will bring a recommendation to the Board, and that the Parks and Recreation Advisory Board should be consulted for their advice. The Mayor clarified that this proposal to rescind the deed would still provide access for the public --that we are not actually eliminating a public park or reducing its function, but rather taking under consideration the possibility of expanding elsewhere. i 413.1 413.2 413.3 413.4 413.5 413.61 MINUTES The minutes of the June 17, 1980 meeting were approved as submitted. 413.6 ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned 413.7 at 11:10 P.M.