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HomeMy WebLinkAbout1979-04-17 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING The Fayetteville Board of Directors met in regular session on Tuesday, April 17, 1979, at 7:30 P.M., in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Ernest Lancaster, Paul Noland, Rick Osborne, Phil Colwell, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock, and Administra- tive Assistant David McWethy. ABSENT: Director John Todd. OTHERS PRESENT: Members of the audience and representatives of the news media. o 0 CALL TO ORDER CO The mayor called the meeting to order. Following roll call and a 0 moment of respectful silence, the mayor called for consideration of the first item of business. Q URBAN RENEWAL PROJECT CLOSING The mayor stated that the proposed resolution would authorize the mayor and city clerk to execute an agreement with the Housing Authority and HUD to close the urban renewal project. Malone said he had met with officials from the Dallas HUD office who explained to him that if they close the project by the 26th of April, they could cut off some interest which is currently being paid (approximately $100 per day) and also approximately $7,000 would come back to the City's general fund and Community Development would get back the money which they had set aside, plus $1500 on a storm sewer project done on the square. He noted that the buildings on the Continuing Education Center site would need to be demolished and cleared by April 26 in order for the agreement to be completed. Malone said Chad Kumpe had told him they could complete the demolition in 3-4 days. Regarding the required construction of three dwelling units for low and moderate income persons in the Urban Renewal project area, Malone stated that this requirement would be transferred to the Housing Assistance Plan. He said Community Development Director Rick Mason had indicated this would sat4s'factory. Malone stated that the City would be taking over the Urban Renewal project. City Manager Grimes said he had asked Chad Kumpe to list claims which might come up regarding the Urban Renewal project and Kumpe had listed three possible claims which the City may have to pick up: 1) bring the Coatney and Hall property abstracts up to date; 2) a possible leakage of a planter in from of Lewis Bros.; and 3) an outstanding claim from Niblock and Odom regarding relocation of Bee Bee's jewelers. Rick Osborne arrived at 7:35 P.M. Mayor Malone pointed out that the City would be receiving $7,000 but they would also have theppotential claims which could come out of this money. Malone stated further that his understanding is that the money for any claims would be paid back in the following order: 1) the $1500 which is left over from the storm sewer project on the Square; 2) the $7,000 which the City will get, and 3) the money which was put up as good faith money. Director Noland asked what obligation the City would be taking under the outstanding direct loan with the government of $485,702.91. Chad Kumpe 39 39.1 39.2 39.3 39.4 40.1 40 explained that Urban Renewal would have enough money to cover the remainder owed on the loan when the property is demolished and sold, which should be this week. 40.2 Mr. Grimes asked Chad Kumpe to give the City a letter stating that Urban Renewal records will be held by Urban Renewal. Mr. Kumpe said he would give the City a letter to this effect. 40.3 Director Henry, seconded by Lancaster, moved that the mayor and city clerk be authorized to enter into an agreement to close out the Urban Renewal program. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the resolution passed. RESOLUTION NO. 32-79 APPEARS ON PAGE 121 OF ORDINANCE AND RESOLUTION BOOK VII. TAXICAB ORDINANCE DISCUSSION 40.4 Next the Board discussed possible amendments to the current taxicab ordinance for the City of Fayetteville. Administrative Assistant David McWethy summarized his suggestions to the Board: 1) allow either discontinuance of service between midnight and 6 a.m., or allow drivers to charge higher rates during that period; 2) when weather conditions are such that the driver of a cab elects to have tire chains installed, allow cab operators to charge higher rates (while chains are on the vehicle); 3) deleting the requirement that taxicab manifests must be kept one year, and allowing identification on the vehicles to be of a "design approved by the Chief of Police" and 4) an overall increase of 25C per zone in the maximum fares allowed. 40.5 Ann Hauser said she had talked with the cab company and they indicated they would be willing to operate 24 hours per day at the same rate. Director Lancaster emphasized that "a taxi service is a 24-hour service" and if needed, the taxi drivers should be compensated more for driving at night. Terry Tucker, current franchise holder, said he feels if weather renditions are so extreme that the rates should be doubled, the taxi company should be allowed to close and suggested that the Chief of Police could determine at what point they could close. He said when conditions are very extreme, it would not be worth the risk of damage to the car. Mayor Malone said he did not feel the Chief of Police should have the responsibility of determining when the taxi company could close. Director Henry noted that many people call for cabs during bad weather 40.6 who would not usually call for a cab. 40.7 Director Noland explained that one of the concerns regarding the regulation of signs for taxicabs was that the City wanted to have some control over the type and size of sign used. Director Lancaster pointed out that the taxi should have some type of designation on the car showing that it is a taxi. 40.8 In regard to the proposed increase in fares, Director Noland said he felt 25t per zone would be a reasonable increase. Malone noted that the increase would raise the minimum fare to $1.00. 40.9 David McWethy said he had received a call from David Miller's attorney who indicated his client agreed with the changes proposed by McWethy. In response to Director Lancaster, who was concerned that some taxis 40.10 do not have a car license tag, Terry Tucker explained that it sometimes takes 3-6 weeks to get the tags back after the initial application. 40.11 Directors Osborne and Henry agreed they would be opposed to discontinuance of taxi service from midnight to 6 a.m. 1 1 1 4-17-79 After a short discussion, the Board agreed to leave the rates as 4 1 they are proposed, from midnight to 6 a.m. Terry Tucker said he could come 41.1 tack before the Board if the rates were not sufficient for the midnight to 6 a.m. period. Regarding higher rates for when chains are allowed, Director Lancaster 41.2 said the taxi driver should be allowed to charge a higher rate. Malone was concerned that the driver would be the one determining whether he should charge double rates. David McWethy said he did not see anything wrong with the driver deciding if he should charge double rates. Malone noted also that David Miller had indicated that he would like the rates to be higher while chains are on the car. The Board agreed to allow the drivers to charge up to double the 41.3 regular rate during inclement weather while chains are on the car. Mr. Grimes suggested that the cab company should be required to tell the customers 0) when they call in for a cab that they will be charging double, rates. O The Board agreed to ask the City Attorney to draft a proposed ordinance 41.4 o incorporating the amendments discussed by the Board. REZONE PROPERTY. Frisco Avenue The next item for the Board's consideration was an ordinance rezoning 41.5 property located on the east side of Frisco Avenue, between Adams and Prospect Streets, submitted by J. Turner Brown. The Planning Commission had recommending approval of rezoning the property from I-1 to R-2. Director Noland, seconded by Rick Osborne,, moved the rules be suspended 41.6 and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read the second time. Director Lancaster, seconded by Noland, moved the rules be further 41.7 suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read for the third and final time. There being no public opposition, the Mayor asked if the ordinance should 41.8 pass. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the ordinance passed. ORDINANCE NO. 2520 APPEARS ON PAGE 54 OF ORDINANCE AND RESOLUTION BOOK VII. STREET CLOSING / Ruth Avenue A street closing petition had been submitted by Randall Webb for an 41.9 unopened portion of Ruth Avenue, south of Anson Street. The Planning Commission had recommended approval of the closing, contingent upon retention of the right of way as a 50' utility easement. Director Henry, seconded by D irector Co}well, moved the rules be suspended 41.10 and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read for the second time. 42 42.1 Director Colwell, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read for the final time. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the ordinance passed. ORDINANCE NO. 2521 APPEARS ON PAGE 55 OF ORDINANCE AND RESOLUTION BOOK VII. CD ENGINEERING CONTRACT 42.2 Rick Mason was present to answer questions regarding a proposed engineering contract with McGoodwin, Williams, & Yates Consulting Engineers, for streets and sidewalks, as approved in the 1977 CD Block Grant Program. 42.3 Director Noland asked if the specifications would include as -built plans and Mason stated that it is in the contract that two copies of as -built plans would be furnished. 42.4 Following a short discussion, Director Henry, seconded by Noland, moved the mayor and city clerk be authorized to enter into an agreement with McGoodwin, Williams, & Yates for engineering of street and sidewalk construction. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. • The mayor declared the resolution approved. RESOLUTION N0. 33-79 APPEARS ON PAGE 126 OF ORDINANCE AND RESOLUTION BOOK VII. YOUTH CENTER CHANGE CONTRACT Mayor Malone explained the next item was a resolution authorizing the 42.5 mayor and city clerk to execute a change order for relocation of an 8" sewer line and water piping service in connection with the Fayetteville Youth Center expansion. Director Henry moved the resolution be approved. Director Noland 42.6 seconded the motion. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the resolution passed. RESOLUTION NO. 34-79 APPEARS ON PAGE 132 OF ORDINANCE AND RESOLUTION BOOK VII. EASEMENT ABANDONMENT - Greenland/West Fork Water Line 42.7 The City Attorney read an ordinance abandoning a no -longer needed water line easement on the Greenland/West Fork water line. 42.8 Director Malone, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read the second time. 1 i Director Lancaster moved the rules be further suspended and the ordinance placed on third and final reading. Director Colwell seconded the motion. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor delcared the motion passed and the City Attorney read the ordinance for the final time. There being no discussion, the mayor asked if the ordinance should 43.2 pass. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the ordinance passed. 43 43.1 ORDINANCE NO. 2522 APPEARS ON PAGE 56 OF ORDINANCE AND RESOLUTION BOOK VII. BRIDGE REPLACEMENT The mayor stated that the next item was authorization of the repl ment of an unbudgeted bridge on Finger Road. The bridge was located school bus route and had collapsed earlier this month and had to be immediately. Grimes said the money was taken from Public Works Materi Director Henry moved that the city manager's action be ratified. Colwell seconded the motion. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed. ace - on a replaced als Fund. Director 43.3 71B SOUTH CONDEMNATION Mayor Malone said the City Manager has asked that the resolution authorizing 43.4 initiation of condemnation proceedings for the acquisition of right-of-way parcels along South School Avenue be tabled until the May 1 meeting so they will have more parcels to be taken care of. Mayor Malone moved the resolution be tabled. Director Osborne seconded the motion. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed. AWARD OF BID / CD Vehicle The mayor stated that the next item was award of a bid for a vehicle for 43.5 the Community Development Department to low bidder, Lewis Ford for $5,375. Mayor Malone asked if this vehicle is budgeted and CD Director Rick Mason said it is. Director Noland, seconded by Lancaster, moved the bid be awarded as 43.6 recommended. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed. OTHER BUSINESS ORDINANCE WAIVING COMPETITIVE BIDDING / Big Toy / Asbell School The City Attorney read an ordinance waiving competitive bidding require- 43.7 ments for the purchase of one SB -1 Schoolyard Big Toy. Director Noland asked if the toys would be installed on the east or west side, and said he had been getting complaints about traffic. He asked if the City could blacktop the 44.1 44.2 44.3 44 entryway to help eliminate the dust problem for the residents living in the area. After a short discussion, Noland asked that the City Manager work with the School Administration to try to get the entryway paved. Director Osborne moved the rules be suspended and the ordinance placed on second reading. Noland seconded the motion. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read for the second time. Director Noland, seconded by Henry, moved the rules be further sus- pended and the ordinance placed on third and final reading. Upon roll call, the recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the city attorney read the ordinance for the final time. There being no discussion, the mayor asked if the ordinance should pass The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the ordinance passed. ORDINANCE NO. 2523 APPEARS ON PAGE 58 OF ORDINANCE AND RESOLUTION BOOK VII Miscellaneous 1. City Manager Grimes noted that there is a beer permit requested for the snack bar area at Paradise Valley Golf Course. 2. City Manager Grimes said he would like to phase his secretary into the personnel officer position, which was included in the budget for 1979. He noted that she has a degree in Public Administration and he feels she is qualified for the job. He said she would also continue to be the City Manager's secretary, and he would increase her salary as she took on more responsibility. 3. Mr. Grimes noted that Thursday, April 17, is a meeting at Ramay Jr. High School to discuss improvements to Highway 62 and Sixth Street. He suggested one of the directors be present at the meeting to present the resolution passed by the Board at the previous meeting, in agreement with the proposed improvements. Director Lancaster said he felt a few of the directors should be at the meeting. 4. Mr. Grimes pointed out that the lease with Clyde Weems for property at the Industrial Park expires on April 22 and asked the Board to allow them to amend and renew the lease to meet the following provisions: the lease would be a one-year lease for 175 acres at a rate of $15 per acre per year. He said the amendment is partially due to the fact that the house on the property is to be demolished this summer. 5. Mr. Grimes noted that the directors had been distributed copies of the 1 1 45 audit and if needed, they could discuss it at the May 15 meeting. 6. City Attorney Jim McCord stated that he had distributed a letter 45.1 at the special meeting held April 13, concerning a proposed ordinance which would authorize the Building Board of Adjustments and Appeals to also have jurisdiction to vary the provisisons of the electrical code. He said presently there is no variance procedure prescribed for the electrical code and it is the recommendation of the Electrical Inspector that any Board having the authority to vary the electrical code have at least one member who is an electrician. The City Attorney noted that this is not a unanimous opinion of the Inspection Department, based on past experience it has been determined that you don't have to have a professional on the board. Mayor Malone asked that this item be put on the agenda for the next regular meeting. Malone stated that if they do decide to increase the Board, he felt the property owners concerned would appreciate the City Board making an appointment also at the next meeting. RESOLUTION NO. 35-79 APPEARS ON PAGE 134 OF ORDINANCE AND RESOLUTION BOOK VII. ORDINANCE APPROVING ISSUANCE OF BONDS - Airport The City Attorney read an ordinance authorizing the issuance of $600,000 45.2 in airport revenue bonds. He explained also that the Board had approved the sales contract to sell the bonds at the special meeting held Friday, April 13. Mayor Malone moved the rules be suspended and the ordinance placed on 45.3 second reading. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed and the ordinance was read the 45.4 second time. Director Colwell, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. Upon roll call the following vote was recorded: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the motion passed. The mayor then asked if the 45.5 ordinance should pass. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Todd. The mayor declared the ordinance passed. ORDINANCE NO. 2524 APPEARS ON PAGE 59. OF ORDINANCE AND RESOLUTION BOOK VII. COMMENDMENT OF RETIRING POLICE Director Noland, seconded resolution commending retiring vote was: Ayes: Lancaster, Nays: None. Absent: Todd. The :mayor declared Noland, Osbo the motion CHIEF by Henry, moved the City Attorney draft a police chief Glen Riggins. The recorded rne, Malone, Colwell, Henry. passed. RESOLUTION NO. 36-79 APPEARS ON PAGE 135 OF ORDINANCE AND RESOLUTION BOOK VII. 45.6 46 MINUTES 46.1 The minutes of the special meeting held March 29, 1979 were approved as mailed. Director Noland asked that on page 25.3 correct "sells" to read "sends" to the trustee,on the April 3 minutes. With this correction, they were approved as submitted. HOUSING REVENUE BONDS 46.2 City Attorney Jim McCord stated that the housing revenue bonds would be delivered April 24 and money would be available the following day. He said they feel the interest rate will be 8.1% to the borrowers. ADJOURNMENT 46.3 Director Noland moved that the Board go into executive session to discuss a personnel matter. Director Henry seconded the motion. The recorded vote was: Ayes: Lancaster, Noland, Malone, Colwell, Henry, Osborne. Nays: None. Absent: Todd. The mayor declared the motion passed and the Board adjourned into executive session at 9:30 P.M. 1 1 1