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HomeMy WebLinkAbout1980-09-02 Minutes1 Q) 0 CO CALL TO ORDER 0Following a moment of respectful silence and roll call, the Mayor called the 441.1 meeting to order. Q SIGN APPEAL/NORTHWEST CENTER Mayor Todd introduced an appeal from the literal provisions of the Sign Ordinance441.2 for a sign to be located at 4003 Frontage Road; Zoning District: C-2 "Thoroughfare Commercial." The variance requested by petitioner, Northwest Center by Jim Lindsey and G. A. Sexton, is permission to erect a one 300 sq. ft. free-standing joint - identification sign to serve three lots rather than three separate signs that could legally total 523 sq. ft. The Ordinance requirement is a maximum size of 218 sq. ft. on the lot where the sign is proposed unless the Board determines that this would cause an undue hardship because of characteristics unique to the property in question. Jim Lindsey presented a plat of the three parcels of property at Sterns and 441.3 Frontage Road, stating that the property is legally divided into three parcels (plat included in agenda). He said they were interested in allocating the space for the sign now so that when the buildings are built the sign can be erected at that time. He said if he sold one or two of the lots there would be a question as to the purchaser's rights with regard to a sign; he said in this case he and Dr. Sexton are willing to be bound by a legal document limiting the three parcels to a maximum sign potential. City Attorney McCord said that if the City grants a variance it would run with the land and the City could impose as a condition in granting the variance that no additional signs be erected on any of the three lots without a new variance from the Board and that this could be accomplished by a "notice," acknowledged and filed of record, including a legal description of all three parcels. Lindsey said this would be acceptable with them as they plan to develop this themselves and, therefore, want to control the sign themselves. Director Osborne, seconded by Henry, moved to grant the variance allowing a free -441.4 standing joint -identification sign of up to 300 sq. ft. conditional upon all buildings being included on that one sign with a "notice" as described by the City Attorney to run with the land as part of the legal abstract. Mayor Todd clarified that this sign niay name the persons or businesses, but no 441.5 other advertising matter; Lindsey agreed and said they plan to put "Northwest Center" at the top of the sign and list each individual business which will be located there. He said the amount of space each business is allocated on the sign will be based upon the amount of space they lease and their location. After some discussion, the Mayor called for a vote on the motion which passed 441.6 unanimously. MINUTES OF A BOARD OF DIRECTORS MEETING 441 A meeting of the Board of Directors was held on Tuesday, September 2, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Osborne, Sharp, Todd, Colwell, Henry, Lancaster, Noland; City Attorney McCord, City Clerks Goering and Koettel, City Manager Grimes, and Administrative Assistant McWethy ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media; Fayetteville Open Channel 9-2-80 442 MASTER SIDEWALK PLAN AMENDMENT 442.1 The City Attorney read an ordinance amending the Master Sidewalk Plan, by requiring the installation of sidewalks along the south side of Appleby Road, rather than on the north. The Planning Commission required the installation of sidewalks along the north side of Appleby Road in connection with the development of the proposed shopping center. At the August 19, 1980 City Board meeting Director Colwell said it is the Street Committee's recommendation to amend the Master Sidewalk Plan to put sidewalks on the south side of the street because of a previous commitment with the developer. 442.2 Bill Murphy, a resident on Appleby Road, said he was opposed to eliminating sidewalks on the north side of the street because of the proposed shopping center on the north and also because sidewalks on the south would go nowhere. 442.3 Director Osborne, seconded by Colwell, moved to suspend the rules and place the ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. 442.4 Director Osborne, seconded by Sharp, moved to further suspend the rules and place the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third time. 442.5 Director Colwell clarified the situation with background information, stating that in 1977 when cost estimates for the improvement of Appleby Road were approved by the City Board it was verbally agreed at that time that sidewalks would be on the south side because Bishop would be paying for approximately 95 percent of the cost of the improvements to Appleby Road. He explained that after the Master Sidewalk plan had been approved by the City Board, the developer on the north (Bishop) brought it to the attention of the Board that sidewalks had been waived for the north side as per the agreement in 1977. Colwell said it was the recommendation of the Street Committee that the requested change be made through the City Board and notice be given to all interested parties so that the change in the Master Sidewalk Plan would be understood. 442.6 Mayor Todd pointed out that the sidewalks would not be built until new develop- ments come in (e.g., the shopping center), and Mr. Murphy said he had erroneously presumed that sidewalks were going to be built right away. 442.7 Director Henry suggested the idea of going with sidewalks on both sides of the street. City Manager Grimes said he thought this was a good idea because the shopping center will generate traffic and the street will eventually develop as a "collector" street; he also suggested waiving requirements for Wade Bishop to pay for sidewalks on the north 442.8 Director Henry offered an amendment to the ordinance whereby sidewalks would be shown on the Master Sidewalk Plan on both sides of Appleby Road from Highway 71 west to Bishop Drive. The motion was seconded by Director Sharp. 442.9 There was some discussion as to the Board's commitment to Mr. Bishop. McCord clarified that the Board cannot impose additional requirements on subdividers after final plat approval, and Bishop clarified he had final plat approval on 50 acres. McCord said there is a subdivision ordinance separate from the ordinance requiring installation of sidewalks in new developments and that in his opinion the subdivision ordinance would probably be controlling in Bishop's case, i.e., the City probably cannot legally require sidewalks at Bishop's expense; that it would be a very close question. He said a developer should know what will be required of him/her or what will be required of his/her purchaser so that lots can be priced. 442.10 Noland suggested and the Board agreed that the City Attorney should research the implications of these two ordinances as they might apply to Bishop and report back to the Board at the next meeting. It was also clarified that the ordinance showing sidewalks on both sides of Appleby Road in the Master Sidewalk Plan would not affect McCord's opinion. 9-2-80 The Mayor called for a vote on the amendment to the ordinance which passed 443443.1 5-2, with Directors Osborne and Colwell voting in the minority. Director Osborne IIIsaid he is in favor of sidewalks on both sides of Appleby Road, but he felt the Board should honor their commitment made to Mr. Bishop three years ago. Director Lancaster said if he could find where he made a commitment to Mr. Bishop, he would honor it; but he is afraid that we will end up with a fully -developed neighborhood on Appleby Road without sidewalks on either side. The Mayor called for a vote on the ordinance as amended. Upon roll call the 443.2 ordinance passed 5-2, with Directors Osborne and Colwell voting in the minority. McCord clarified that he would research the issue of whether the sidewalk 443.3 ordinance applies to an undeveloped subdivision for which final plat approval has been given by the Planning Commission without sidewalks being required. ORDINANCE N0. 2657 APPEARS ON PAGE 4//4 OF ORDINANCE AND RESOLUTION BOOK rX . O REZONING/EAST OF NORTH COLLEGE AVE. BETWEEN EAST TOWNSHIP & ROLLING HILLS DR. The City Attorney read an ordinance rezoning property as requested in rezoning 443.4 ® petition R80-17 for 5.0 acres located 300 ft. east of North College Avenue, halfway Q between East Township and Rolling Hills Drive, by petitioner J. B. Hays. The change Cr requested is from R-1 "Low Density Residential" to R-0 "Residential -Office." Considered in a public hearing before the Planning Commission on August 25, Planning Consultant Larry Wood recommended approval for two reasons: 1) Since the property adjoins commercially -zoned land on one side and land on the other that will likely be commercial in the future, "the R-0 District will serve as a transition and buffer between the residential to the east and the commercial to the west;" and 2) R-0 uses "can be arranged on the property with less disruption to the natural environment" than could twelve to fifteen houses. Speaking on behalf of the request, Engineer Harry Gray told IIIthe Commissioners that he felt that it was "the best land use" for the property; that while the hillside was very beautiful and had a panoramic view it was too noisy (because of the N. College Ave. traffic) for residential development. He added that there would also have to be a very steep entrance with retaining walls constructed onto the property. There was no public opposition expressed to the rezoning and the Planning Commission recommended approval 8-0. Director Osborne, seconded by Noland, moved to suspend the rules and place the 443.5 ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Henry, moved to further suspend the rules and 443.6 place the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third time. Mayor Todd read a portion from the subdivision ordinances code which states that 443.7 based on topographic maps, soil surveys, and drainage information the Planning Commission may require that steep grades, unstable soil and floodplains be set aside and not subdivided until corrections are made to protect the life, health, and property, and asked Ervan Wimberly, representing J. B. Hays, if he could work within this ordinance. Wimberly agreed that he could --that it is not their intention to clear the entire hillside. There being no further discussion, the Mayor called for a vote on the ordinance 443.8 which passed unanimously. ORDINANCE NO. 2658 APPEARS ON PAGE 4/3 OF ORDINANCE AND RESOLUTION BOOK SX QUITCLAIM DEED/PORTION OF WARWICK DR. WEST OF OAK BAILEY DR. The City Attorney pointed out that included in the agenda was a letter from 443.9 Tilden P. Wright III, representing Mr. and Mrs. Benno J. Bauer, Jr., explaining that this deals with a roadway easement lying outside the Huntingdon Subdivision, a planned unit development to the City of Fayetteville. He said his clients recently 1 9-2-80 444 purchased Lot 4 in Block 1 of that subdivision and determined by survey that a portion of the City's roadway easement across the back of their lot enroached some two to five feet into their property description. The purpose of the Quitclaim Deed is to give up any rights that the City may have acquired in the property owned by the Bauers and enroached upon by that roadway. No demand is being made at this time to relocate said roadway. 444.1 McCord said the Quitclaim Deed would not affect any existing recorded easements -- that it just clears up the title for the property owner. He said we are not changing the legal description of the right-of-way, but rather are saying that the City does not claim that the roadway is supposed to be on any part of Lot 4. 444.2 Director Henry, seconded by Osborne, moved to authorize the execution of the Quitclaim Deed. Upon roll call the motion passed unanimously. RESOLUTION NO. 92-80 APPEARS ON PAGE 36 QOF ORDINANCE AND RESOLUTION BOOK %C . SIDEWALK APPEAL/SHOPPING CENTER/COLLEGE AVE. & APPLEBY RD. 444.3 Mayor Todd introduced an appeal from the literal provisions of the Master Sidewalk Plan, regarding sidewalks to be installed on the west side of North College Avenue, north of Appleby Road. Ervan Wimberly, on behalf of the Gottlieb Corporation, had written a memorandum to the Board (in agenda) explaining that the development plans for a proposed shopping center by The Gottlieb Corporation to be located on the old 71 Drive -In Theater site have been approved by the Planning Commission except for the question of sidewalks along College Avenue. The owners and developers propose to construct a 30 ft. wide landscaped island across the front of the property. As there are no sidewalks existing on College Avenue from North Street to the northern city limits, they feel that landscaped islands in lieu of sidewalks will be more compatible with the City beautification program. The property is zoned C-2, "Thoroughfare Commercial." 444.4 Butch Pappon, of The Gottlieb Corporation, presented a diagram of the new shopping center development and said they were asking for a waiver of the require- ment for sidewalks on the west side of N. College Avenue north of Appleby Road and that they would substitute a 30 -ft. -wide landscaped island along the front of the property. He said his primary concern is that no one will use the sidewalk and that there are no other sidewalks on the west side of N. College Avenue north from Washington Regional Medical Center. He said he foresees no foot traffic on N. College, especially when the sidewalk will not connect with another sidewalk. He said almost all their business will be from vehicles and any foot traffic would come from Appleby Road. He said their reasons for the appeal are: 1) lack of use; 2) lack of comparable sidewalk development along N. College; and 3) it doesn't appear to be rational to build sidewalks there. 444.5 Director Sharp said that with a 5 ft. sidewalk they would still have 25 ft. for the landscaping; Wimberly clarified that it was a question of money --there could only be one or the other. 444.6 Mayor Todd said he would like to see sidewalks even if they don't connect to other sidewalks --only if to give a "breather" to those people who are trying to get out to walk and jog. 444.7 Director Colwell pointed out that the new shopping center will employ a large number of people who might want to walk to various places on their lunch hour and they should have a choice between walking and driving. 444.8 Director Osborne, seconded by Sharp, moved to deny the appeal. Upon roll call the motion passed unanimously. 444.9 Mr. Pappon then asked for a waiver from the requirements for a sidewalk on the north side of Appleby Road, along the south property line of the shopping center (from N. College to the west edge of their property). Director Lancaster moved to waive this requirement for that portion of Appleby Road lying between the last drive- way on the east edge of the shopping center to N. College. The motion died for lack of a second. F vw y 9-2-80 • BID AWARD/#427/CONCRETE CONSTRUCTION CONTRACT Purchasing Officer Mackey recommended the award of Bid #427 for a one-year concrete construction contract be awarded to Jerry D. Sweetser and requested authorization for the execution of the contract to begin September 19, 1980 and extend through September 19, 1981. Director Noland, seconded by Osborne, moved to award the bid as recommended and the motion passed unanimously. RESOLUTION N0. 89-80 APPEARS ON PAGE 3 ,200F ORDINANCE AND RESOLUTION BOOK X 445 445.1 445.2 BID AWARD #432/MATERIAL SPREADER/STREET DEPT. Purchasing Officer Mackey recommended tthat the bid for a material spreader for 445.3 the Street Department be awarded to Lyons Machinery Company of Little Rock, Arkansas, Q) in the base bid amount of $4,192.25 plus the options as checked (in agenda) for Hiway o Model E-2020. The total bid award would be $4,716.85. Funds are included in the 1980 Revenue Sharing Budget in the amount of $4,500. He said the additional amount CO of $216.85 is recommended to come from a $578 24 surplus on a radio purchase. 0 Director Henry, seconded by Colwell, moved to award the bid as recommended and 445.4 Q the motion passed unanimously. C BID AWARD #436/INDUSTRIAL TRACTOR WITH MOWER/BUILDINGS & GROUNDS DEPT. Purchasing Officer Mackey recommended that the bid of Scott Equipment Company of 445.5 Springdale, Arkansas, for $19,873 be awarded for the industrial tractor with mower attachment This equipment is budgeted in the 1980 Revenue Sharing Budget in the amount of $20,300. He said they are recommending the purchase of this equipment now in order to be ready for the 1981 mowing season. After a short discussion, Director Colwell, seconded by Noland, moved to award 445.6 III the bid as recommended. Upon roll call the motion passed 6-1, with Mayor Todd voting in the minority. BID AWARD #438/TIRES AND TUBES Purchasing Officer Mackey recommended that the bids be awarded as checked (in 445.7 agenda) to Goodyear and American Tire, both of Fayetteville, for a one-year contract for tires and tubes to extend 365 calendar days from date of bid award. After a short discussion, Director Noland, seconded by Lancaster, moved to award 445.8 the bid as recommended. The motion passed unanimously. BID AWARD/CARPET CARE EQUIPMENT/AIRPORT TERMINAL Purchasing Officer Mackey recommended an ordinance waiving competitive bidding 445.9 requirements and the award of the bid for carpet care equipment for the airport terminal building to Fayetteville Paper Company for the Clarke Spreader Scrubber Model CC -16 and the Clarke Vacuum Model 576-C at the quoted price of $3,401 plus tax including 100 pounds of chemical cleaning powder (dry soil extraction). He said the 1980 Revenue Sharing Budget includes funds for this equipment. The City Attorney read the ordinance for the first time. Director Lancaster, 445.10 seconded by Sharp, moved to suspend the rules and place the ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. Director Noland, seconded by Sharp, moved to further suspend the rules and place 445.11 the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third time. The Mayor asked if the ordinance should pass and upon roll call it passed 445.12 unanimously. ORDINANCE NO. 2659 APPEARS ON PAGE k/41 OF ORDINANCE AND RESOLUTION BOOK .Z Director Henry, seconded by Todd, moved to award the bid as recommended and the motion passed unanimously. 445.13 9-2-80 446 BID AWARD #439/STREET STRIPING 446.1 Purchasing Officer Mackey recommended that the street striping bid be awarded to Traffic Safety Sales and Services Company, Alexander, Arkansas. He said the Traffic Superintendent recommends that approximately 100,000 linear feet of striping be performed and that approximately 24 left and right turn arrows be painted. The total estimated cost would be approximately $9,200. The 1980 General Budget includes $11,500 for this type of work. 446.2 Director Sharp, seconded by Lancaster, moved to award the bid as recommended and the motion passed unanimously. SANITATION FUND BUDGET 1980-81 446.3 Director Osborne said the 1980-81 Sanitation Fund Budget of $1,337,176 is recommended by the Finance Committee. He also pointed out that the Sanitation Depart- ment is running a projected deficit of approximately $150,000 which will be taken out of the fund balance at the beginning of the year and that he wanted the citizens of Fayetteville to be aware of this. 446.4 Director Henry brought the Board up-to-date with regard to the Solid Waste Regional Authority meetings on a regional energy recovery facility. There was also discussion on the feasibility of (news)paper pickup for recycling on one or two routes for a trial period, and the Board asked the City Manager to look into the costs. RESOLUTION NO. 91-80 APPEARS ON PAGE 3 9 OF ORDINANCE AND RESOLUTION BOOK X . COMMUNITY DEVELOPMENT & HOUSING COMMITTEE 446.5 Administrative Assistant McWethy distributed the minutes of the August 28, 1980 meeting of the Community Development & Housing Committee and said they will be meeting again on September 18 to hear requests with regard to the needs of Fayetteville in terms of the Community Development program. He said at the following meeting they will start putting these requests into priorities. STRUCTURAL ENGINEERING STUDY 446.6 At the August 19 meeting Administrative Assistant McWethy informed the Directors that the City Manager's Office proposed to have a structural engineering study of the present City Hall to determine the feasibility of expanding the current offices onto the second and third floor. There were no objections voiced, so a letter was sent to area engineering firms and three proposals were received. McWethy said they propose to issue a Notice to Proceed to Northwest Engineers, Inc. for a $1,000 45 -day study. There were no objections expressed. PARKING GARAGE 446.7 At the August 5 Board meeting Powell & Satterfield were authorized to proceed with a preliminary feasibility study outlining what they believe can be done in order to finance construction of a downtown parking garage adjacent to the Continuing Education Center/Hilton Hotel project. 446.8 City Attorney McCord said the underwriters are considering several alternatives, one of which will require a continuing pledge of hotel -motel -restaurant (HMR) tax proceeds toward retirement of the bonds and the underwriters asked him to inquire of the Board whether this is an acceptable alternative. 446.9 Mayor Todd explained that although projected collections are running ahead of schedule, it will be about three years before we can meet our current debts based on current revenues; he said the second priority is a commitment the Board made to pay back the General Fund some $416,000 out of HMR funds; and thirdly, the Board made a statement of position to do their best to develop a cultural center/performing arts center with any surplus funds. 446.10 City Manager Grimes said they are going to be looking at the possibility of dealing with a professional parking concern as per the airport to develop a "total package"; he said the revenues from the ground level lots are committed to the CEC, 9-2-80 but that the revenues from the deck are not committed; we do not have any long-teri47 commitments from the remainder of our city -owned lots in the downtown area; possibly a total package can be put together whereby a deck can be financed and have a pro- fessional concern operate it, pay it off, and perhaps turn some revenue back to us. The Board agreed that financing of the parking garage with HMR funds would not 447.1 be an acceptable alternative. McCord said another alternative they are considering would be a lease to a 447.2 parking expert as per the airport under an Act 9 -type of arrangement. AIR SPACE EASEMENT/PUBLIC BUILDING AUTHORITY City Attorney McCord said with regard to the proposal to construct an additional 447.3 two floors to house the University System Offices, the necessary legal documents have been drafted, but have not been presented to either the Public Building Authority or 07 to the University Board of Trustees yet. He said the lease is scheduled to be pre- sented to the Board of Trustees at its September 19 meeting and if it is approved at 0 that time the Public Building Authority Board of Directors will call a meeting to get authorization of the documents by that body. He said the only document that will need 0 City Board approval is an easement of the air space above the existing CEC building Q under construction. He said that things will move quite.rapidly if the University Q approves the lease on September 19 and that he was requesting authorization for the execution of an easement for the air space above the CEC to the Public Building Authority. Director Osborne, seconded by Lancaster, moved a resolution authorizing the 447.4 execution of an air space easement to the Public Building Authority for the purpose of constructing two floors of office facilities to be leased to the University of Arkansas. Upon roll call the resolution passed unanimously. 1 RESOLUTION N0. 90-80 APPEARS ON PAGE 3 ZFLOF ORDINANCE AND RESOLUTION BOOK . FAA GRANT APPLICATION City Manager Grimes said the City of Fayetteville has a balance in FAA funds 447.5 of $160,000 this year. He said the present ADAP bill runs out the end of September and Congress will either extend the bill one more year or possibly adopt a new ADAP bill. He said there is a possibility that a number of communities may not get all their money committed by the end of this month which would throw those funds into a discretionary fund which the FAA would then allocate to others for projects. He said .they inquired of FAA about extending the aircraft parking aprons south of the existing white hanger building and they informed us that work on the runway safety areas and taxiway lighting would have to be done first. Grimes said they have prepared cost estimates for these projects and want to 447.6 request from the FAA a grant with which to do the projects which would probably be 80 percent federal and 20 percent local money. He said the cost figures ran much higher than anticipated, but the cost on the runway safety areas may end up being reduced. He said the estimates are: runway safety areas, $503,000; taxiway lights, $92,724; and the aircraft parking ramps, $235,000. He said they are asking for authorization to submit a letter application requesting these projects. Director Lancaster, seconded by Henry, moved to authorize the City Manager to 447.7 submit a letter application for FAA funding for the three recommended projects. Upon roll call the motion passed unanimously. Grimes noted that our ADAP allocation last year was $409,000 and if they extend 447.8 the project another year we will have another $409,000 as of October. DEDICATION OF THE NEW TERMINAL BUILDING Director Henry announced that the dedication of the new terminal is set for Sunday, October 5, 1980, at 2:00 P.M. 447.9 9-2-80 448 ARKANSAS MUNICIPAL LEAGUE DISTRICT MEETING 448.1 Mayor Todd announced that the Arkansas Municipal League District Meeting will be held in Springdale on September 26 from 10:00 a.m. to 2:30 p.m. He said this is one of a series of meetings they are having around the state. He said that revenue sharing prospects, proposed tax exchange act, and the proposed new constitution are on the agenda. MINUTES 448.2 The minutes of the August 19 meeting were approved with the following correction: Director Henry pointed out that in paragraph 432.5 the spelling of the name is Kelley. ADJOURNMENT 448.3 There being no further business the meeting adjourned at 10:50 p.m. 1 1 1