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HomeMy WebLinkAbout1977-01-04 Minutes309 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS January 4, 1977 The Board of Directors of the City of Fayetteville met in a regular session on January 4, 1977, at 7:30 p.m. in the Board Room of the City Administration Building. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Philip Colwell, David Malone , Ernest Lancaster, John Todd, Paul Noland, and Al Hughes. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND ELECTION OF MAYORS The meeting was called to order by the City Attorney who introduced new 309.1 and re-elected directors. Municipal Judge Charles Williams administered the oath of office to David Malone, Phillip Colwell and Marion Orton. Following roll call, the City Attorney invited nominations from the Board 309.2 for Mayor. Director Hughes placed the name of Director Ernest Lancaster in nomination. There being no further nominations for the position of Mayor, the City Attorney declared nominations closed. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The nomination was declared approved. In a brief statement, Mayor Lancaster expressed appreciation for the honor 309.3 bestowed upon him. "To me this is a privilege and an honor," he said. He con- tinued his statement by explaining that, under the City Management form of government, the Mayor has no veto power nor does he have more authority than any other individual Board member. The new Mayor then invited nominations from the Board for Vice -Mayor. Director Orton placed the name of Director John Todd in nomination. There 309.4 being no further nominations, the following vote was recorded: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The nomination was declared approved. APPROVAL OF MINUTES Minutes of the December 21, 1976 meeting were approved with the following amendments: Paragraph 302.3 was amended to read: Director Todd noted that the Advisory Board was considering a proposal for changing the status of the Advisory Board. Because the two vacancies were now filled, no vote was taken on the nomination of Romey Thomason. • 309 309.5 309.6 310.1 Paragraph 301.1 was amended to read: At the Board's request, the City Attorney read an ordinance to correct the error by stipulating a maximum of 200 square foot signs would be allowed on property abutting a controlled access highway. 310.2 Paragraph 301.8 was amended to read: Director Todd noted that the Board had not received official notice of the Housing Authority Board's choice of an appointee, but that the Administrative Aide to the City Manager had been advised orally of the designation of Judy Endress. The Board decided to proceed with confirmation of the appointee. Director Todd, seconded by Purdy, moved the appointment of Judy Endress to a term to expire January 1, 1982, be confirmed. 310.3 Paragraph 303.4 was amended to read: The ordinance, read the first time by the City Attorney, would amend the zoning ordinance by allowing Use Units 19 and 20 as conditional uses in I-1 Heavy Commercial and Light Industrial zoning districts. 310.4 Paragraph 307.4 was amended to read: The City Manager recommended adoption of a resolution to authorize his application for Urgent Needs funds to allow replacement and extension of water and sewer lines in the Downtown Urban Renewal project. 310.5 Paragraph 307.5 was amended to read: The City Manager noted that sidewalks would be installed on the southwest side of the street. 310.6 Director Hughes requested the record reflect that he introduced a motion to delete requirements of ground fault interruptors from the electrical code but that the motion was declared premature since it would require an amendment to to electrical code. He requested an amendment to the electrical code be proposed at a future meeting to delete the requirement. COMMUNITY DEVELOPMENT HOUSING ASSISTANCE PLAN COMMITTEE - Public Hearing 310.7 The Housing Assistance Plan Committee met jointly with the Board to recommend appropriation of $202,900 for the 1977 Community Development Housing Assistance program. 310.8 Mrs. Lois Fry, Chairman of the committee, gave a brief progress report of the 1976 program and briefly outlined plans for a future loan program. She felt the request for an increased appropriation for 1977 was justified in that previous years' requests had been kept to a minimum to allow complete use of funds in an efficient and economical manner. She noted that knowledge of the program is spreading and that the public is beginning to show increased interest. Mrs. Fry talked of a proposed revolving loan fund that would be available if the Community Development Block Grant program were ever phased out. She felt that CD should be a controlling force in deciding who should receive rehabilitation loans but that financial institutions would make the actual loan. Director Hughes, however, felt the City should not become a middleman in the loan process. 310.9 Mrs. Fry briefed the Board on major revisions of housing assistance policies and criteria. Director Todd suggested the committee more clearly define the term "elderly families" and that contractors be encouraged to utilize local labor as much as possible. He also reiterated his support of a policy that rehabilitation expenses not exceed the value of the structure. Committee member Claud Prewitt noted that a new policy would require appraisal of structures to ensure that the rehabilitation expenses would not exceed the value of a structure. 310 tf; Mr. Randall Barnes, owner of Fayetteville Transportation Company and holder 311.3 e. - The City Manager suggested the committee investigate the possibility of acquiring abandoned structures through condemnation with the intent of restoring the structures and placing them back into the City's housing stock. He felt many structures that had been comdemned could be rehabilitated rather than demolished. At the Mayor's request, Mrs. Fry agreed that a listing of homes that had been rehabilitated and the cost for each rehabilitation would be provided members of the Board so that each member could take a personal tour and view results of each project. Director Noland expressed appreciation to the committee for its continued contributions to the program and the community. TAXI RATE INCREASE 31 311.1 311.2 rt of a City Certificate of Public Convenience, had requested a rate increase of CZ 25 cents for all zones except "A" which he requested a 15 cent increase. Also, cc Barnes requested amendments to the governing ordinance which he contended would permit him to operate efficiently and profitably. When asked how soon he could comply with existing requirements of the ordi- nance, Barnes replied that some would be impossible to comply with but that others could be complied with immediately if his requested amendments were adopted. He stated that he and Mr. Louis Hester each owned four of the eight cabs in operation. In regard to the requirement that drivers obtain physician's certificates, Barnes stated he had no objections to the requirement but that his drivers considered the requirement to be a "hassle". The City Attorney ' noted that the cities of North Little Rock and Little Rock did not make such a requirement. Barnes had requested that a section of the code be deleted which prohibits drivers from refusing to carry orderly persons. His request had been based upon the fact that some passengers had written him checks on which he could not collect. He also did not believe the City had the right to stipulate which passengers the cab drivers could or could not carry. Director Orton suggested the ordinance be amended to stipulate that persons refusing to pay the legal fare could be refused service and suggested that non-paying passengers could be allowed so long as there are no fare -paying passengers in the cab. Orton told Barnes that the City did not expect him to service passengers which had refused or failed to pay the legal cab fare. In regard to Barnes' request that the placement of bogus calls for taxi service be declared a misdemeanor, the Board indicated concern that the term "bogus" would be arbitrarily applied. Mayor Lancaster suggested that Barnes file a statement of reason for refusal of service when he has refused service to any customer for valid reasons. Barnes told the Board that he was concerned with those who continuously place calls for taxi service with no intent of using the taxi once it arrives. Barnes also complained that, as written, the ordinance provided basis for•:+. legal action against him by parties who have personal grudges against him. He contended that complaints of poor service were more often received from those who do not frequently patronize his service or by those who expect good service during inclement weather. He repeatedly stated that he could not comply with the existing ordinance unless the Board adopted his re- quested amendments. Director Noland stated that the City was trying to ensure that its citizens had dependable taxi service available but that, if the ordinance was amended, the company's owner would decide who received his services. He said the City did 311 311.4 311.5 311.6 311.7 not expect him to provide free service but that the service should be rendered to fare -paying customers. He believed the taxi company should inform prospective customers of expected service delays at the time an order is placed for a cab. 312.1 Director Orton stated she felt Mr. Barnes' request was an attempt to have the City to solve business problems which should be solved by the businessman. She believed that Mr. Barnes be required to comply with the existing ordinance before any rate increases were considered. 312.2 Barnes then stated that he could not operate without the rate increases and that he "was willing to comply with the ordinance tonight". 312.3 Director Todd believed the rates might be increased with the understanding that the service will be re-evaluated within 30 - 60 days with intentions of decreasing the rates if service had not improved. Barnes requested that the City Manager be authorized to determine whether or not the cab company has complied with the ordinance 312.4 Director Malone moved that Section 20-33.7(c) be amended to provide that it shall not be unlawful for the driver to refuse or neglect to convey any person who has refused or failed to pay the legal fare presecribed by the ordinance. The motion was seconded by Orton. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The Mayor declared the motion passed. 312.5 Director Orton, seconded by Malone, moved amendment of Section 20-33.7(e) to provide that passengers without fare are prohibited while a fare -paying passenger is also being carried in the cab. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The Mayor declared the motion passed and the ordinance amended. 312.6 Director Malone, moved that a rate increase be granted as requested, provided the Board would review operation of the cab company at the end of a 90 -day period. Malone stated that it would be his understanding that the rates would be lowered if service was not satisfactory at the end of the 90 -day period. The Board concurred that the City Manager would make a report to the Board at the end of the time period. Director Malone's motion was seconded by Todd. 312.7 Director Orton strongly urged the Board to delay rate increases until the franchise holder had first complied with the ordinance. Other members of the Board agreed that a rate increase was justified because of increased fuel prices since the last increase in 1973. 312.8 Director Malone then altered his previous statement that, if at the end of the observation period the company is not operating properly, the license be revoked. 312.9 The recorded vote on the motion to grant the rate increase and to provide a 90 -day observation period was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell Nays: Orton The motion was declared passed. 312.10 Director Malone then moved the City Manager study the existing franchise holder for a period of 90 days and report to the Board whether the franchise should be continued or revoked on the basis of whether the holder complied with the ordinance during the 90 -day period. Todd believed the 90 -day period would give an indication of sustained performance. Director Orton preferred compliance within ten days with possible revocation of the license before the end of the 90 -day observation period if performance is not adequate. Director Malone's motion was seconded by DirectorTodd and the recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The motion was declared passed. 312 3 3 The City Attorney then read the ordinance, which; included an emergency 313.1 clause, the first time. Director Malone, seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Hughes, moved rules be further suspended and 313.2 the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. There being no further discussion, the Mayor asked if the ordinance should 313.3 pass. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell Nays: Orton The Mayor declared the ordinance passed. (Note: No vote was taken for adoption - of the emergency clause.) ORDINANCE NO. 2302 APPEARS ON PAGE 202 OF ORDINANCE & RESOLUTION BOOK V WARNER CABLE RATE INCREASE REQUEST Warner Cable Company had requested a public proceeding at which to present 313.4 their request for a rate increase. Attorney Lynn Wade, representing Warner Cable, stated that a rebuilding of the system had been completed and improvements made. Mr. Wade reported that permission for addition of Little Rock stations had been filed but that the request had been denied pending action on a request made by another local station, KGTO. He stated that, should Warner Cable sub- sequently receive permission to carry the Little Rock stations, the company would explore the possibility of providing the stations on a per -subscriber cost basis. He indicated that the cable company would prefer that a subscriber poll be con- ducted in order to determine the demand for such a service. Mr. Jack Williams, Vice -President of Operations for Warner Cable, stated that the company would do its best to provide what the subscribers wanted but that they would not en- courage the addition of Little Rock channels since a large investment in equip- ment would be required. Mr. Wade then introduced Mssrs. Phil Taylor and Don Market of Economic Analysis Associates whose firm was retained by Warner Cable to conduct an independent study of the m mpany's rate structure. Mr. Market informed the Board that the study was based on the theory that 313.5 the cable system operation is a public utility. He noted that, contrary to their first impression, overhead costs charged to the local operation represented a reasonable return for services provided the local operation. Compared with other Warner systems, Mr. Taylor stated that the local operation 313.6 expenses generally appeared to be average. He noted that no expenses for the Star Channel operation were considered in compliation of data for the body of the report and that Star Channel operational expenses had not increased appreciably. Director Todd questioned Mr. Taylor in regards to automotive expenses for the Star Channel operation and Mr. Taylor replied that the expenses were too minimal to justify accounting for the expense. Director Todd stated he disagreed with the approach taken in regard to reporting the expenses of the Star Channel operation. i 313 314.1 Mr. Taylor noted that an increase in labor costs following the rebuild was indicated because labor involved in the rebuild had been capitalized. Director Hughes complained that subscribers might not be receiving the proper emergency service they should be since the emergency phone number seemed to remain busy. 314.2 Mr. Williams then presented the company's rate increase proposal by request- ing an additional $1.25 on primary outlets and 50 cents on additional outlets. There were no comments presented to the Board in opposition to the rate increase. Director Todd stated he was not satisfied with the rate increase and assured that he would have additional comments at the time approval of the rate request was considered. 314.3 Director Hughes requested that the record reflect that Mssrs. Phil Taylor and Donald Market paid their occupation license fee prior to the meeting and at a rate determined by the City Clerk. 314.4 No action was taken on the rate increase pending drafting of an ordinance to be presented at a future meeting. SIGN APPEAL - Williams Ford Tractor / Highway 71 Bypass 314.5 The appeal had been tabled for further consideration at the November 16, 1976 meeting. The appellant contended a hardship existed in that his franchise con- tract prohibited his placing advertisement of anything but Ford products upon the building or upon an existing free-standing sign. He had, therefore, requested a variance to allow him to retain an additional free-standing sign located on the same lot as another free-standing sign. 314.6 Director Hughes believed any variance should be restrictive so as not to provide basis for similar requests. Director Orton explained that the owner was under a self-imposed hardship since he had entered into the contract after the sign ordinance had been effective. She did not believe it would be practical to allow more than one sign per lot if a lot were five acres or larger since many shopping centers exceed five acres. She felt the appellant had two possible solu- to split the lot into two separate lots so that one sign could be allowed for each lot, or to erect another building on which to place another wall sign. Director Colwell noted that the appellant had made three visits to the Board seeking relief. 314.7 Director Todd, seconded by Orton, moved the appeal be denied. The recorded vote was: Ayes: Lancaster, Todd, Malone, Orton Nays: Noland, Hughes, Colwell The motion was declared passed. SIGN ORDINANCE AMENDMENT - Removal of Signs 314.8 The proposed ordinance would specify that businesses ceasing operation for a certain period of time must have any advertising or identifying signs removed. Director Malone indicated he would favor a short period since com- pliance would be harder to obtain the longer a situation was allowed to exist. The City Attorney recommended the ordinance be amended to provide that the sign be removed by the property owner, sign owner, or lessee. Director Todd believed first responsibility should be with the sign's owner in that he should be responsible for removing the sign without having to receive notice from the City. 314.9 Director Hughes, seconded by Orton, moved the ordinance be tabledto allow the City Attorney to make revisions. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The motion was declared passed. tions 314 AWARD OF BIDS - Housing Rehabilitation The Purchasing Officer had recommended award of bids for rehabilitation of two houses in conjunction with the Community Development program. The bid was recommended awarded to King and Carrao Construction for 154 East Meadow in the amount of $4,511 and at 926 North Frisco in the amount of $4,102. Director Todd questioned the Frisco Street location and suggested an in- correct address might have been supplied. He also stated he believed it would be contradictory for the Citylo expend CD funds to increase the residential nature of property which is adjacent to recently rezoned I-1 property. Director Noland, seconded by Hughes, moved the bid for the East Meadow project be awarded as recommended but thatthe remaining bid be tabled until Lt: confirmation of the address. The recorded vote was: C6.1 Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton C+ Nays: None The motion was declared passed. C7 The City Attorney then read a resolution authorizing execution of a contract CC with King and Carrao Construction for rehabilitation of the house located at 154 East Meadow. Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 1-77 APPEARS ON PAGE 112 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS FLETCHER STREET EXTENSION Mrs. Wendy Bernstein and Mrs. Georgia Brooks were present to express oppo- sition to the proposed Fletcher Street extension to intersect with East Hunts- ville Road. They questioned use of Community Development funds for an extension which they felt would permanently damage the nature of their neighborhood and would contribute to the decline of the natural environment of Fayetteville. Mrs. Bernstein contended that Fletcher Street would become a major thoroughfare, accommodating heavy traffic in an established residential area. She proposed that extension of Rockwood Trail and Township Road to Crossover Road be considered as an alternative. She was also concerned that commerciali- zation of property along Fletcher would evolve and would result in the decline of residential property values. She statedibat the Fletcher residents wanted to be kept informed of further developments and that she felt a meeting was in order to allow explanation of the proposed extension. Mrs. Brooks stated that there would not be space for sidewalks or parking if the street were widened. Mayor Lancaster expressed appreciation for the comments and stated that their views would be welcome at any future meetings at which the subject was discussed. EXTENSION OF SICK LEAVE BENEFITS 315 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 The City Manager presented a recommendation that the sick leave benefits 315.9 of City employee Clell Mott be continued until another source of income is 315 available to him. He reportedthat the employee is applying for Social Security benefits and will probably qualify. Director Hughes, seconded by Orton, moved the sick leave benefits be extended and that the City Manager keep the Board informed regarding the situation. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell, Orton Nays: None The motion was declared passed. JANUARY 18 MEETING 316.1 Director Hughes, seconded by Noland, moved that the January 18 meeting commence at 4:30 p.m. and that items not completed by 7:30 p.m. be tabled. The recorded vote was: Ayes: Lancaster, Todd, Noland, Hughes, Malone, Colwell Nays: Orton The motion was declared passed. ADJOURNMENT 316.2 There being no further business, and upon motion of Director Noland, the Mayor declared the meeting adjourned. ATTEST: 6"1.) AR( JESTBROOK, City Clerk Yitea.re.�K APPROVED: RNEST E. LANCASTE , Mayor 316