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HomeMy WebLinkAbout1977-01-18 Minutes3!i d' CZ ABSENT: None CG MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS January 18, 1977 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on January 18, 1976, at 4:30 p.m. in the Directors Room of the City Administration Building. PRESENT: City Manager Donald Grimes; City Darlene Westbrook; and Directors Noland, Al Hughes, David Malone, Attorney Jim McCord; City Clerk Ernest Lancaster, John Todd, Paul Philip Colwell, and Marion Orton. OTHER PSRESENT: Members of the Community Development Committee, members of the audience, and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Ernest Lancaster called the meeting to order and, following a brief moment of respectful silence, asked if there be any amendments to the minutes of the January 4 meeting. Director Orton requested paragraph 314.6 be amended to read: "She felt the appellant had two possible solutions -- to split the lot into two separate lots, or to erect another building on which to place another wall sign." Director Todd requested that the last sentence of paragraph 313.6 be deleted. These changes meeting with Board approval, the minutes were approved as amended. COMMUNITY DEVELOPMENT JOINT HEARING The Community Development Committee met jointly with the Board to conduct a hearing regarding the Community Development Committee's proposed allocation of 1977 Community Development Block Grant Funds. Mr. Lynn Wade, Chairman of the CD Committee, expressed appreciation to the Board for the opportunity of the joint meeting and also acknowledged efforts of the Committee and the CD administrative staff. He reported that the Committee had been restructured to provide five subcommittees. Wade informed the Board that, because of implementation difficulties and the possibility that line items might be endangered of being deleted, the Committee had decided not to implement cost-sharing provisions for street projects. He noted that the extension of Fletcher Street and the purchase of Washington Mountain for park purposes had not received the Committee's approval for inclusion in the 1977 program. In regard to a proposed senior center for providing services to the elderly, Wade noted that the project would be spanned over a two-year period with $150,000 allocation each year. Director Hughes requested that the study concerning the senior center not be considered until authors of the study had obtained City Occupation Licenses. CD Administrator Charles Hoffman informed Hughes that the study had been conducted as a student project and that 317 311 317.1 317.2 317.3 317.4 317.5 the only compensation paid was for incidental and materials expense. 318.1 In regard to sewer tap projects, Director Orton was assured by Hoffman that project costs include the $350 sewer tap fee and expense for installation of the yard line. Costs of addition, replacement or repair of bathrooms would be funded through the housing assistance program. Acquisition of right-of-way was discussed and Hoffman reported that a lawsuit was awaiting adjudication to determine whether the Uniform.Reloca ion Assistance and Real Property Acquisition Policy,Act oTiiu appiies to the acquisition of easements when no property owners or eants are displaced. HUD,has not and will not release monies for easements to be acquired except when acquisition is in compliance with the Act. Director Todd expressed opposition to a policy which would require the City to purchase right-of-way for streets or sidewalks which are being built at no charge to the citizens and property owners who will benefit from the improvements. He further believed if neighbors could not agree to dedicate necessary right-of-way for a project, that project should be deleted from the program in favor of a project where right-of-way acquisition was not a problem. 318.2 Director Todd questioned why the Storer Street project had been deleted from the final plan. He felt the project would relieve Leverett Street traffic and would provide facilities for alternative modes of travel. Mr. Wade stated that the Storer Street project was deleted to provide funds for the Sycamore Street project since, in the Committee's opinion, it was a priority item in that it would provide an east -west through street. He also noted that negative comments were received concerning the Storer Street project in that a limited number of homes existed along the street and that improvements would not relieve a bottleneck situation and parking problems. 318.3 Referring to the Farmer Street project, Todd asked what procedures or pro- visions existed to take care of a situation where houses would be too close to a street once the street had been widened. Hoffman replied that either a lesser right-of-way requirement or deletion of the project could be recommended. Todd felt relative facts should be considered at the time project feasibility is de- termined. Todd also questioned the deletion of a Northside Community Building. CD Committee member Beverly Melton stated that the Committee felt there were more feasible projects which needed to be accomplished. She said the Committee questioned whether the center could be properly staffed and maintained and whether the center might duplicate facilities and services already available. 318.4 Speaking in behalf of the Parks and Recreation Advisory Board, Mr. George Holland stated that the Advisory Board had requested the project be spanned over a period of two years. He noted that it was not intended that the building be an extension of the Youth Center, rather a complement to the Youth Center by pro- viding space for activities which would not require a great deal of management or supervision. Director Orton believed that a duplication of facilities might result since schools should be available for public activities. Mrs. Melton stated she recalled that the plan had been presented as a one-year plan, but Holland contended the Advisory Board had submitted a two-year plan. 318.5 Director Noland expressed his concern regarding the landlord/tenant/home owner ratio of streets where CD funds were proposed to be expended. Mr. Wade noted that the Committee tries to be aware of the ratio but that some streets needed improve- ments so badly that the ratio is not always of prime concern. 318.6 In further discussion concerning the senior center, Mr. Wade stated that maintenance of the center could be an issue but that it was proposed that users of the multi-user facility pay an rental fee. He did state the need for further study to assure that maintenance expenses would be covered. Although a recent re- quest for a 50/50 grant had been rejected, Hoffman stated he would continue to seek a source of funds to be used for the senior center. Wade informed the Board that the Fayetteville Housing Authority would be considered landlord of the facility. 318 The City Manager stated that, while he was not opposed to such facilities, 319.1 he was concerned about providing facilities without knowing how it will be staffed, maintained and funded in future years. He said the City must have a decent revenue source before it can provide many of the services which the community desires and needs. Residents of Montgomery, Greenwood, Alta, and Irene Streets were present 319.2 to urge the Board to approve the proposed improvements to those streets. Mrs. Doris Smith and Mrs. Jan Jackson pointed out the number of buses that travel the street and complained of dust created by traffic. In regard to existing bridges, Mrs. Smith stated she did not know of any structural problems but that they may have insufficient weight capacity. Hoffman requested formal approval of adjustments to the 1976 program. 319.3 LC One, the recommendation that $77,800; previously appropriated for the deleted 34 Rogers Avenue sewer, be applied to the replacement of water and sewer lines in the downtown area. He stated he did not know whether other utilities would have to relocate any lines as a result of the project. According to Hoffman, the project would include the "stubbing out" of some lines to provide for future connections made necessary by new construction. He noted that an application for Urgent Needs funds for the project was returned for revision and that he did not feel optimistic that the project would be approved for funding. Director Hughes, seconded by Orton, moved that the adjustments be approved 319.4 as recommended. The recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The motion was declared passed. Hoffman noted that, over the past six months, discussion had occurred con- 319.5 cerning the matter of changes to the 1976 program which involved reduction of administrative cost allocations. He noted that $65.5 thousand would be necessary for the 1976 program and recommended the remainder be utilized for adjustments to the 1976 program to include rehabilitation of the Youth Center roof and addition of new entrance; partial programming of a new facility for the elderly (senior center); and feasibility study of bikeways. In addition, he noted that $30,000;which had been previously approved to be applied to the Wilson Park swimming pool filter replacement, needed to be programmed. Director Orton, seconded by Colwell, moved the recommended adjustment to , 319.6 the 1976 program be approved. The recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The motion was declared passed. WARNER CABLE RATE INCREASE REQUEST Mr. Lynn Wade, legal representative for Warner Cable, was present to discuss the company's request. Wade gave a brief history of events concerning the re- build and rate structure. He said Warner had employed the services of Mr. Phil Taylor and Mr. Don Market to conduct an independent study of the rate structure and to clarify and verify Warner's accounting information. In determining a fair rate of return, Wade felt the Board should consider that Warner does not hold an exclusive franchise and that they must adapt to frequent changes within the industry. He believed the consultants had shown expenses to be verifiable and had shown a basis for a rate increase. He told the Board that Fayetteville subscribers benefitted from being part of a large cable system in that the corporation could secure funds necessary for 319 319.7 319.8 319.9 ,) i improvements, provide supportive engineering and professional services, and could take advantage of bulk purchasing. Wade told the Board that 1977 expense figures and capital investment projects were based upon data submitted by the local station manager to the home office in New York. He explained that the Fayetteville system experiences a highrate of customer turnover and that an average of 400 new customers are added per year at a cost to the system of approximately $250 per customer. 320.1 In regard to the Star Channel service, he said he had been advised by the New York office that Star Channel might be terminated since it had not been a particularly profitable service. Wade then reviewed the rate history and noted that, due to a misunderstanding, a commercial rate of $7.25 had been assessed since adoption of Ordinance 2147 even though that ordinance did not provide for an additional 75 -cent charge. In behalf of Warner Cable, Wade requested an increase of $1.25 on residential primary outlets and commercial outlets and a 50 -cent increase on secondary connections and each additional outlet. The request would realign the rate structure by providing for a $7.00 fee for resi- dential primary outlet; $8.50 for commercial primary and secondary outlets; 50C for each additional outlet; and $8.50 commercial rate plus $1.00 for each addi- tional commercial outlet. He noted that the company had, in good faith, completed the rebuild and was providing a much improved service and a broader selection of programming. 320.2 Noland noted that a 75 -cent increase would represent a 30 percent increase over the past 18 months and that a 50 -cent increase would amount to a 25 percent increase over the same time period. He indicated that he did not particularly see the necessity for prohibiting the exclusive franchise, but Wade noted that exclusive franchises were contrary to FCC regulations. Hughes queried whether those with more than one television set might have to bear the burden of the increase. Local manager Rip Lindsey informed that approximately 40 percent of the customers have more than one connectionaid that they felt those able to afford more than one set could afford more of an increase. 320.3 In response to a statement by Lindsey that Star Channel would be discontinued next month if the Board desired, Noland stated he thought there were many who benefitted from the service but that he shared concern that the expenses of the Star Channel service were being passed on to regular subscribers. 320.4 The Board indicated that, if allowable by FCC, an increase in the franchise tax from three to four percent would be unanimously favored. Director Orton, seconded by Noland, moved an ordinance be considered which would incorporate amendments to the franchise agreement which had been suggested by the City Attorney. The recorded roll call vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The motion was declared passed. 320.5 Director Todd noted that the requested rate increase would produce $200,000 additional revenue. He stated he believed Warner was responsible for recouping costs and making a reasonable rate of return, but he also recognized the primary responsibility of the Board to citizens and consumers of Fayetteville. He believed the burden of proof to be on Warner Cable in its request for the increase. He did not feel the rate increase to be justifiable and moved that the rate increase be denied. The motion died for lack of a second. 320.6 Director Orton moved that a rate increase of 25C on the primary outlet and an increase of 25C on second connections be approved and that the rate schedule be amended to read as follows: 320 1 1st outlet, residential 2nd service outlet Each additional outlet Commercial and repair business residences Hotels, Motels Each additional outlet $6.00 per month $7.25 " $ .50 " $7.75 $7.75 $1.00 Wade contended that Director Orton's proposal would be unacceptable to his client since it would result in less than 8.2 percent rate of return. Malone stated he would rather not vote on Orton's motion and that the Board might want to consider a compromise by considering an additional 25 -cent increase. Cl Director Orton stated her motion was an attempt to establish a point from which negotiations could begin with a final decision being reached at the CZ next regular meeting. In order to avoid public misunderstanding, Director Noland CC CC did not feel the Board should vote on a proposed rate. He moved to table Orton's motion until the next regular meeting. The motion was seconded by Hughes and the recorded vote was: Ayes: Noland, Hughes, Malone, Colwell Nays: Todd, Orton Abstain: Lancaster Mayor Lancaster cited his employment with a utility which associates closely with Warner Cable as his basis for abstention. Director Malone stated he wanted to vote on an ordinance at the next regular Board meeting. RESOLUTION AUTHORIZING INDUSTRIAL PARK PROPERTY SALE - R & P Electroplating The Industrial Park Committee had recommended the sale of 3.75 acres of Industrial Park property to R & P Electroplating for the price of $5,318.75. Included intfe proposed sale was a 2.45 acre plot which, because of numerous water and sewer easements traversingthe parcel, was considered unsuitable for building purposes. Director Orton urged that R & P Electroplating be made aware of the need to pretreat its metallic waste products before introduction into the City's sewerage system. She noted that several industries introduce large amounts of heavy metal wastes into the system and that EPA,in stressing land application of sludge and sewage effluent, was advising that those wastes be pretreated. She stated she was not opposed to the sale but that the company should be aware of the necessity of pretreatment prior to construction of an expansion. Mayor Lancaster requested the City Manager contact the company and express the Board's sentiment. The City Attorney then read a resolution authorizing the sale of the property and the execution of the deed Lythe Mayor and the City Clerk. The reso- lution was moved for adoption by Director Highes. Director Noland seconded the motion and the recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The Mayor declared the resolution passed. RESOLUTION N0. 2-77 APPEARS ON PAGE 113 OF ORDINANCE & RESOLUTION BOOK V 321 321.1 321.2 321.3 321.4 321.5 AMENDMENT TO SIGN ORDINANCE - Removal of Signs Tabled for revision at the January 4 meeting, the ordinance would specify 321.6 that businesses ceasing operation for a period of time must have any advertising 321 Ly1 noi or identifying signs removed from the property. Director Colwell, seconded by Hughes, moved the item be tabled and considered at the February 1 meeting. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Orton Nays: Todd, Malone The motion was declared passed. RESOLUTION ADOPTING 1977 GENERAL, PUBLIC WORKS, AND SANITATION BUDGET 322.1 The Board had received copies of the revised proposed budget as recommended by the Board Finance Committee. 322.2 The Board discussed at length the proposed addition of a full-time Business Occupation License Enforcement Officer and a full-time Sign Ordinance Enforcement Officer. Director Todd contended the Finance Committee had recommended the addi- tion of one person to enforce both ordinances while the City Manager recalled that the Committee had desired that both positions be budgeted. 322.3 The City Controller assured that, given the necessary staff and support from the Board, enforcement of the Occupation Ordinance could be improved and expanded to result in increased revenue. He also assured that applicants for the position would undergo the normal job application process and that the successful applicant would be chosen in accordance with his qualifications. 322.4 Mayor Lancaster stated that questions concerning personnel or departmental affairs which Board members might have should be directed to the City Manager. 322.5 Director Todd felt that the sign ordinance enforcement officer could also serve as the occupation license officer since he would be in the field inspect- ing signs. He stated he would prefer the one-man operation on an interim basis with review of the arrangement being made following a couple months' operation. Director Noland believed the occupation license officer could produce additional revenue to justify his employment. 322.6 The Board concurred that both slots would remain budgeted but that only one person be hired initially to perform both duties. Also, that the City Manager would make a progress report of the effectiveness of the arrangement within a couple of months. 322.7 Director Todd requested the addition to wording appearing on page 29, to cause the first paragraph to read: "...in the interest of health, safety, and cost for housing occupants..." Also, that the paragraph of explana- tion for Account 5200 be amended to read: "The additional position is for fire prevention as anticipated in the new fire protection plan and for energy conser- vation assistance to citizens." Todd noted that someone needed to dedicate time to energy conservation. In regard to Revenue Sharing, the City Manager informed that the staff is in the process of clarifying the accounting for the Revenue Sharing Budget. 322.8 The City Attorney read a resolution adopting the 1977 budget. Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 3-77 APPEARS ON PAGE114 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BID - Housing Rehabilitation / 924 Frisco 322.9 The Purchasing Officer recommended award of bid to King and Carrao Construc- tion Company for rehabilitation of a house located at 924 Frisco. The City Attorney 322 read a resolution approving award of the bid in the amount of $4,102.00 and to authorize the Mayor and City Clerk to execute a contract for the rehabilitation project. Director Todd stated he felt the Board was contradicting itself by approving expenditure of CD funds to improve residential property near property which the Board recently rezoned Light Industrial from Medium Density Residential. The recorded vote to adopt the resolution was: Ayes: Noland, Hughes,Lancaster, Malone, Colwell, Orton Nays: Todd The Mayor declared the resolution passed. RESOLUTION NO.4=77;APPEARS ON PAGE 115 OF ORDINANCE & RESOLUTION BOOK V 323 323.1 323.2 �fJ tq RESOLUTION APPOINTING SEWER IMPROVEMENT DISTRICT COMMISSIONERS Sewer Improvement Dis trict Number One t: aa The City Attorney explained that commissioners needed to be appointed to 323.3 QO Sewer Improvement District One. He noted that the district was the oldest district and that it had never been formally dissolved. Before it could be dissolved, commissioners must be appointed. He then read the resolution appoint- ing commissioners John Lewis, Clint Walden, and A. P. Eason, Jr. Director Noland, secondedby Hughes, moved adoption of the resolution. The 323.4 recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The Mayor declared the•resolution passed. RESOLUTION NO. 5-77 APPEARS ON PAGE 116 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS • TAXI ORDINANCE EMERGENCY CLAUSE The City Manager reported that the Board had failed to adopt the emergency clause of Ordinance 2301 at its last meeting. The clause would have provided that a rate increase would be effective immediately upon.passage of the ordinance. Director Hughes, seconded by Todd, moved the clause be adopted. The City Manager, in response to Orton's question, stated that the franchise holder had not yet paid the franchise fee. Todd withdrew his second then reinstated the second after considering recent inclement weather and the fact that the City Manager would report on the franchise holder following a 90 -day probation period. Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell Nays: Orton The motion was declared passed. EXTENSION OF ANIMAL LICENSING PERIOD Director Orton moved the licensing period for dogs and cats be extended 30 days due to recent inclement weather which had made it difficult for citizens to take their pets to be vaccinated. The motion was seconded by Todd, the recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Malone, Colwell, Orton Nays: None The Mayor declared the motion passed. 323 323.5 323.6 323.7 324.1 ADJOURNMENT There being no further business, and upon motion by Director Colwell and second by Director Hughes to adjourn, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: Ernest E. Lancaster, Mayor 324