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HomeMy WebLinkAbout1978-12-05 Minutes(NJ (Y) CALL TO ORDER 10 After a moment of respectful silence and the roll call, Mayor Lancaster 0 called for consideration of.the first item of business. CCity Manager Don Grimes introduced the new president of Skyways --Mr. Ray Young. Q MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was Held on Tuesday, December 5, 1978, at 7:30 P.M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. 403 PRESENT: Mayor Ernest Lancaster, Directors John Todd, Paul Noland, David Malone, Philip Colwell, Ann Henry, City Manager Don Grimes, Administrative Assistant David McWethy, City Attorney .Jim McCord and City Clerk Angie Medlock. ABSENT: Director Al Hughes. OTHERS PRESENT: Representatives of the news media and members of the audience. HOME OCCUPATION ORDINANCE / Amending Definition City Attorney Jim McCord noted that at the last meeting the Board adopted 403.1 an ordinance whichwould allow home occupations in the R,:1 Zoning District as a conditional use subject to certain regulations„One of these provides that no home occupation shall be allowed which would create "such excessive traffic as would adversely affect the safety, peace, or tranquility of the neighborhood." McCord explained that under this ordinance it would require every home 403.2 occupation to get a permit. He said he had been asked to amend the ordinance to allow that home occupations which do not generate any traffic would be exempt from this ordinance. He said he felt the easiest way to do this would be to amend the definition of home occupation. City Attorney McCord read the ordinance for the first time. Director Todd said he agreed with the proposed ordinance. 403.3 Director Malone suggested they amend the ordinance to state that home 403.4 occupations which do not generate traffic would be permitted in all zones. City Attorney McCord agreed with this amendment. He further suggested they amend the ordinance to say "non -traffic generating home occupations shall be permitted in all zones".. Malone suggested the amendment read "home occupations which do not generate motor vehicle traffic to the dwelling unit are permitted by right in all zones". Ann Hauser said there is no way you can operate a home business without 403.5 generating traffic. Hauser noted that zoning was put into effect to protect residential neighborhoods. McCord suggested they add "to provide that such an occupation which does not generate traffic shall not be considered a commercial use and shall be considered a residential use". Director Malone, seconded by Noland, moved the ordinance be amended as 403.6 stated above. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent. Hughes. The Mayor declared the motion passed. Director Noland, seconded by Malone, moved the rules be suspended and the 403.7 ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. 4(1-1 Mayor Lancaster declared the motion passed and the ordinance was read the second time 404.1 Director Malone, seconded by Todd, moved the rules be further suspended and the ordinance be placed on third reading. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. 404.2 The Mayor declared the motion passed and the ordinance was read the third and final time. 404.3 City Manager Grimes explained to Ms. Hauser that there are some home occupations which do not generate traffic, such as artists, writers, and persons doing their own bookkeeping, and the Board is trying to be realistic and recognize that these home occupations do exist. He explained that the Board is saying that if the home occupation generates any traffic at all, they would be obligated to apply for a conditional use permit. Grimes said he felt, if they do generate traffic, the City would find out that the home occupation is in existence. 404.4 Mayor Lancaster asked if the ordinance should pass. The recorded vote was: Ayes: Henry. Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. The Mayor declared the ordinance passed. ORDINANCE NO. 2489 APPEARS ON PAGE 13 OF ORDINANCE AND RESOLUTION BOOK VII. SMALL ANIMAL CLINIC ORDINANCE 404.5 City Attorney McCord explained that this is an ordinance which would permit veterinary small animal clinics as a use by right in the Commercial, Industrial, and Residential -Office zones, and as a conditional use in the R-2 and R-3 zones. He noted that this ordinance was recommended by the Planning Commission to the City Board. 404.5 The City Attorney read the ordinance for the first time. Director Malone, seconded by Todd, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. he Mayor declared the motion passed and the ordinance was read the second time. 404.6 Director Malone, seconded by Todd, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. The Mayor declared the motion passed and the ordinance was read the third and final time. 404.7 City Manager Grimes questioned if it is the intent that no animals will be kept overnight, and the Board agreed that it was. Malone moved the following amendment "no overnight boarding of animals shall be permitted". Colwell seconded the motion. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. Mayor Lancaster declared the amendment passed. 1 1 1 /2-5-78 405 Mayor Lancaster asked if the ordinance should pass. The recorded vote 405.1 was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. Mayor Lancaster declared the ordinance passed. ORDINANCE NO. 2490 APPEARS ON PAGE 14 OF ORDINANCF AND RESOLUTION BOOK VII. PARKING DECK Director Malone explained that the materials included in the agenda 405.2 were informational items and someone representing Young, Hadawi and DeShazo would be at the next Board meeting to discuss questions the Board may have. N Malone said Young, Hadawi and DeShazo have the completed feasibility study CO which should be available on Wednesday. ID Director Colwell questioned if the $10,000 for personnel would be 405.3 U adequate and Malone said he felt this was a low figure. He said they were Q considering using part-time people to man the gate at the parking facility. Grimes felt the gate-wouldtheirOperated at least.16 hours a day, 6 days per Q week. Grimes said they may want to discuss with Young, Hadawi and DeShazo if they feel the $10,000 allowed for personnel would be adequate. Director Todd asked if it was considered that operating the parking lot 405.4 could be contracted out and Malone said "yes". He said Young, Hadawi and DeShazo felt the City could operate it without too much cost. Director Todd questioned what guarantees the City would have. Malone 405.5 noted that on page 3.04*it lists $33,175 to be guaranteed by the CEC and $74,112 from tne Hotel, and starting the fifth year, it would increase to $72,802 from tne CEC and $110,310 from the Hotel. Malone said he would start working with the CEC people on getting the guarantee on these figures and Mr. Grimes would start working with the Hotel people on the same thing. Director Todd questioned the reserve fund noted on page 3.02' Malone 405.6 said Young, Hadawi, and DeShazo looked upon that as what it would take to make the parking facility stand by itself. Malone said Boyd London, with First Southwest will be setting up the.reserve fund, the capitalized interest they would need, etc. for the entire project. He said Young, Hadawi, and DeShazo merely went through this step to see if the parking facility would stand on its own. Todd said he felt if they have a guarantee on the income, the only thing they may need to worry about is controlling costs. 1 NORRIS INDUSTRIES / Act 9 Bonds City Attorney McCord explained a resolution expressing the intent of 405.7 Norris Industries with the City for issuance of a maximum $10,000,000 Act 9 Industrial Development Revenue Bonds. Director Malone, seconded by Henry, moved the resolution be approved. 405.8 The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. The Mayor declared the resolution passed. RES. N0. 76-78 APPEARS ON PAGE 8 OF ORDINANCE AND RESOLUTION BOOK VII. NOMINATIONS Director Todd moved the following nominations to fill vacancies on City committees: * of the Directors Agenda 406 Board of Adjustment: Steve Nickles City Hospital Board of Trustees: Bob Fairbanks Community Development: Twania James Housing Assistance Plan Committee: Marshall Dale Evans Northwest Arkansas Cultural Center Board of Trustees: Barbara J. Gray Parks and Recreation Advisory Board: David Lashley, Rodney Ryan and Elizabeth Reagan 406.1 Pollution Control and Ecology Commission: Charles Springer Todd noted that there would be a 4th nomination forthcoming from the Youth Center Board for the Parks and Recreation Advisory Board. Director Henry seconded the nominations. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. The Mayor declared the motion passed. 406.2 Alice Jones was present representing the Cultural Committee. She said they would like permission to expand their board to a maximum of 24 members. Director Malone questioned the current size of the Board and McCord said it now has 11 members. 406.3 Director Todd questioned where the Cultural Center Board meets, and if they notify the press of those meetings. Alice Jones said they have met in people's homes and at the University, but she did not know if the press and City Board had been notified of the meetings. Director Todd explained that this is a part of being a "City" committee. He said he is not sure the Cultural Center Board has recognized the obligations that go with being a part of the City. 406.4 Director Malone said he is inclined to think the Cultural Center Board would be better off as a separate committee and not a part of the City. He said he is not in favor of increasing the size of the board as large as requested, if it is to remain a part of the City. Malone said he feels serious consideration should be given to having the Cultural Center Board not directly connected with the City. 406.5 Director Henry noted that one problem with the Cultural Center Board is the requirement that each member of the Committee attend a certain number of meetings or be dropped from the Committee. She noted that it would be a simple procedure for the Cultural Center Board to incorporate as a non-profit organization. 406.6 Alice Jones said the Board has discussed the pros and cons of remaining a City committee and noted that one of the reasons they want to increase the size of the Board is because Mr. Tinson had suggested this. She stated that with their small group, it is very difficult to get things done. 406.7 Director Malone moved to i:aole consideration of increasing the membership of the Cultural Cir. Board until the Board could decide if they want to remain as a City committee. Director Colwell seconded the motion. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: None. The Mayor declared the motion passed. AWARD OF BID / Sewer Line / Industrial Park 406.8 Purchasing Officer Sturman Mackey recommended the bid for extension of a twelve -inch sewer line in the industrial park be awarded to the low bidder, Pyramid Construction Company, for $4,433.10. He noted that the rock clause N 10 U Q Q which the contractor had asked for would not be a part of the contract. 407 City Engineer Don Bunn said he had received a letter from the contractor that 407.1 he would honor his bid without the rock clause, but they have not yet signed the contract. Gary Combs, representing Combs Construction, said his company was the 407.2 second lowest bidder. He said his company had submitted a bid according to specifications and plans, as required, and feel that by the low bidder sub- mitting a bid including a rock clause, that bid should be nullified. City Engineer Bunn explained that Pyramid had made an error in submitting 407.3 the bid with the addition of a rock clause. Bunn said Pyramid had made the low bid and it is advantageous to the City to accept the bid. Director Malone said if the contractor is willing to honor the bid without 407.4 the rock clause, he would still be the low bidder, and the City should accept the bid. Combs said, from a contractor's standpoint, if a contractor gives a bid 407.5 according to certain specifications,xas_ required;.and another tontra.ctor doesn't bid according tospecifications, how can there be a fair bidding? The City Attorney asked if the bid specifications contain the normal provision 407.6 the City reserves the right to accept the bid which is in the best interest of the City and waiye bid- ieregu•larities and Don Bunn said "yes". McCord said the specifications not complied with inthiscase have been considered by the City and waived by the bidder -and the contract is with the exclusion of a rock clause, and is still the low bid. McCord asked Don Bunn if he feels the taking the low bid would be in the best interest of the City and Bunn said "yes". McCord asked Bunn if he feels the other bidders have been prejudiced and Bunn said he did not feel they had been. He noted that there have been a lot of low bidders who have gotten that way by their own mistakes. Gary Combs said he felt the low bidder included the rock clause so he 407.7 would be protected. Director. Noland .said he doesn't feel the Board has any alternative but to accept the low bid. Director Noland moved the bid be awarded to the 1 Construction Company, contingent upon review of the bi the:City Attorney determining the legality of the bid. seconded tie motion. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Nays: None. Absent: Hughes. The Mayor declared the motion passed. 1979 PAY AND CLASSIFICATION PLAN Director Todd explained that the Finance Committee has submitted a revised 407.10 pay and classification plan for 1979. He noted that included in the pay plan is a 7% cost of living increase plus for those employees who qualify by meritorious performance, a $20.00 per month increase effective on the anniversary date of their employment. Todd noted that the City is living withinlhe President's direction with the 7% increase and that with these raises, the Public Works fund would be about $350,000 in debt. Todd further explained that they have dropped Steps 1 and 2 and those on Steps 1 and 2 have been moved to Steps 3 and 4, and have added two additional steps. He said the effect of that is for beginning employees we have increased the starting salary 5-7%. Todd noted that there has been some reclassification of employees both 407.11 up and down on the new pay scale. He noted that most of these were fairly minor adjustments. He said this was done as a result of the wage study done by the City Todd stated that there are a few exceptions to the classified plan for a 7% increase that will be needed to raise some people above the minimum in their new class. Purchasing Officer Mackey said he felt this would be less than 10 people. Todd also noted that there might be a case where a person ow bidder, Pyramid d specifications and Director Malone Colwell. 407.8 407.9 408 408.1 would get a differential pay when a new employee was hired. Todd noted that there would be 5 exceptions to the 7% increase in the police and fire departments, these exceptions are needed tacorrect inadequate differences in those departments. He said these would total less than $1,000 each and less than $3,000 total. Todd noted the City still has 21 CETA employees and have budgeted these for next year on the assumption when and if CETA expires, the City will pick them up. 408.2 Director Henry moved that the new pay plan be adopted. Director Todd seconded the motion. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. The motion was declared passed. OTHER BUSINESS 408.3 Authorization to Advertise for Bids for Demolition City Manager Grimes asked for authorization to advertise for demolition bids for the CEC and Parking facility sites and said the Housing Authority will also be packaging their requestfor demolition bids for possibly the Municipal Parking Authority and First National Bank Building sites at the same time. 408.4 Director Henry, seconded by Malone, moved the authorization to advertise for bids for demolition of the various sites be granted. The recorded vote was: Ayes: Henry, Todd, Noland, Malone, Lancaster, Colwell. Nays: None. Absent: Hughes. December 19 Meeting 408.5 Mr. Grimes said the Highway Department has asked that the Morningside Drive public hearing requested for December 19th be postponed, so the Board of Directors Meeting would be at City Hall rather than the library. WASTE WATER PLAN 408.5 Director Noland presented Board members with a map prepared by McGoodwin, Williams, and Yates on the waste water plan for the next 20 years for the City of Fayetteville. He noted that they had shown areas where they have anticipated growth and the number of people they anticipate will be living in these areas in the next 20 years. He asked the City Board members if they feel the estimates given are realistic, and said they need to determine if they are realistic to define sewer treatment facilities and lines to serve these areas. He noted also that the map shows projected city limits for 20 years from now and explained that 20 years is the time period EPA will require the City to use in defining sewer treatment facilities. Noland said the infiltration study should be completed between August and October of 1979. He stated that, based on reasonable estimates, the population of the City 20 years from now would be about 69,000 people. 408.6 Director Malone said he feels City Boards in the future will be concerned about getting sewer facilities near Beaver fake. A?RPORT DEDUCTIBLES 408.7 Todd said he had requested a list of possible deductibles on the new terminal building and Paul Young had submitted a list showing 10 possible deductions. Todd said he did not feel any of these are worthwhile deductions and asked the Board members if they have any alternative ideas for saving money on the airport terminal building. 1 1 1 12/5/78 Mayor tancaste'" said the security people at the airport had asked him if there are plans for a break room for the security 'people in the new terminal building. Mayor Lancaster pointed out, if there is a problem now with needing a break room, the problem would be-greaterinthe future. Director Noland pointed out that there would be a restaurant in the new building. COMPUTER Director Todd said they have received 7 proposals on a computer program for the finance department, and these proposals are on file in the Purchasing Office. He encourage the Board members to look at these proposals. 409 409.1 409.2 HEARING ON REVENUE SHARING Director Todd noted that there will be a hearing on revenue sharing 409.3 (Y) at the December 19 meeting He pointed out that the Board will not have 10 to adopt the budget at that meeting. Q MINUTES Director Malone asked that the following on Paragraph 392.7 be deleted: 409.4 Q . . .such as receiving complaints from the neighborhood. He said . . . issue the permit." Director Noland asked that paragraph. 401.3 be amended to say "Director 409.5 Noland questioned if they could hold the money from other projects until the financing of the Youth Center is resolved. 1 The meeting adjourned at 9:00 P.M.