Loading...
HomeMy WebLinkAbout1982-01-18 Minutes373 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Monday, January 18, 1982, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Henry, Lancaster, Todd, Osborne, Sharp, Noland, and Bumpass; City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy, and City Clerk Rowe; members of the press and audience. ABSENT: None CD CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. REZONING/PROPERTY ON HWY 62 W., APPROXIMATELY HALFWAY BETWEEN SANG & LEWIS AVE. Q Mayor Noland introduced an ordinance requesting rezoning of .36 acres located on the north side of Highway 62 West, approximately halfway between Sang and Lewis Avenues. City Attorney McCord stated that the Planning Commission recommended denial of C-2 zoning but approval of R-0 (residential office) zoning. The Planning Commission recommended this type of zoning because of the following reasons: 1. The property "with commercial on one side and potential industrial across the street does not present a desirable residential environment" as suggested by the General Land Use Plan; 2. There are "existing single-family and multi -family units to the north plus land that could be developed more intensely which needs some protection;" and 3. The suggested R-0 zoning "would allow a reasonable use of the property and still provide a transition and buffering for the adjoining residential" property. City Attorney McCord read the ordinance for the first time. Director Henry, seconded by Sharp, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously. City Attorney McCord read the ordinance for the second time. Director Henry, seconded by Noland, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously and the City Attorney read the ordinance for the third time. Mr. Bill Shackelford, petitioner, spoke on behalf of this rezoning request. He requested that the property either be zoned C-2 or revert back to R-2. Director Osborne asked what use Mr. Shackelford intended for the property. Mr. Shackelford stated that his long range plans were to build an office complex including an insurance office, a professional office, and maybe a hobby shop type business. He further stated that he was purchasing the property contingent upon it being rezoned to C-2. If the C-2 zoning fails, then he wanted the property to be left at R-2 because he did not want to have to exercise a purchase of property that cannot be utilized as he planned. Director Henry clarified Mr. Shackelford's request asking him if he was requesting either C-2 or nothing, and Mr. Shackelford confirmed this. Director Osborne moved to amend the ordinance to rezone the property C-2. If the ordinance was passed, then Mr. Shackelford would get the C-2 zoning he requested. If the ordinance failed, then the property would remain R-2. Director Bumpass seconded this motion. 1 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 374 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8 374.9 January 18, 1982 There was some general discussion of the zoning of neighboring properties. City Attorney McCord asked if the property owner preferred the property to remain R-2 rather than R-0, and Mr. Shackelford confirmed this. This would make the property more conducive to development. Director Bumpass asked the City Attorney if the City was bound or had any legal guidelines to follow if the properties adjoining the property in question here is zoned C-2. City Attorney McCord replied that the City could not prevent the expansion of an established business district, but it was the Board's consideration to determine this. The Board's decision should follow the standard based on a reasonable application of the facts of law and not be arbitrary and capricious. It was pointed out that the Planning Commission did not feel the rezoning should be granted. Director Sharp stated that the Planning Commission stated that they wanted the R-0 to be a "buffer" between the C-2 and the R-2 zoning of the neighboring properties. City Attorney McCord stated that this practice of using R-0 as a buffer was an established planning principal. Upon roll call, the amendment to approve rezoning at C-2 rather than R-0 failed 2 to 5 with Directors Osborne and Bumpass voting in the minority. City Attorney McCord stated that the motion to amend failed, so this left the ordinance having been read three times to be voted upon. Upon roll call, the motion to rezone the property R-0 rather than R-2 failed 0 to 7. The property remains R-2. ALLEY CLOSING/NORTH-SOUTH FROM NETTLESHIP STREET BETWEEN GRAHAM & RAZORBACK 374.10 Mayor Noland introduced an ordinance closing and vacating a portion of a north/south alley running north from Nettleship Street, halfway between Graham Avenue and Razorback Road. This was considered in a public hearing before the Planning Commission and recommended for approval. 374.11 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Henry, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call this passed 7 to 0. 374.12 Mayor Noland then declared the public hearing open on this matter and invited comments on the alley closing. 374.13 Mr. Ray Trammel, representing the University of Arkansas, spoke on behalf of the alley closing. He noted that the Planning Commission had recommended this by a vote of 5 to 0. The request was for vacating a portion of the alley where the University is the owner of the lots on both sides of the alley. The alley has never been open to vehicle traffic use. The new Administrative Services Building is going to be located on the three lots facing Razorback and the two lots west of this with the alley in between. 374.14 Mayor Noland asked if there was anyone present that would like to speak against the closing of the alley. There was none, so the public hearing was closed. 374.15 City Attorney McCord read the ordinance for the second time. Director Henry, seconded by Osborne, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the third time. 375.16 Director Bumpass requested that Mr. Fred Vorsanger, University of Arkansas, explain what facilities would be housed in the new Administrative Services Building. 374.17 Mr. Vorsanger explained that the building would house the university's computing center, which would serve the entire campus; the Department of Public Safety and Transit System; and an Information Center, which the University has not had before. 374.18 Upon roll call the ordinance passed unanimously closing the alley. ORDINANCE NO. 2788 APPEARS ON PAGE qg OF ORDINANCE & RESOLUTION BOOK )01 1 1 January 18, 1982 375 PARKING LOT/SUB-LEASE AT 419 WEST DICKSON STREET Mayor Noland introduced a resolution authorizing the execution of a sub -lease of the parking lot near 419 West Dickson Street. The lot in question is located on the south side of Dickson Street, west of George's Majestic Lounge. Mr. Mourton, representing Mrs. Mary Hinton, owner of George's Majestic Lounge, spoke on behalf of the lease. He stated that it was his understanding that there had previously been three bids regarding the lot: (1) one for a snowcone stand, (2) area merchants to sub -lease the lot from the City a $150 per month, and (3) for Mrs. Hinton to cancel the lease. The Board, at the December 15 meeting had instructed Mr. Mourton and City Attorney McCord to work out arrangements on behalf of Mrs, Hinton to cancel the lease and Mrs. Hinton could then enter into a lease with existing tenents in the area for at lease the term of the lease agreement that the City had. This would not prevent any merchant from having a parking area. Mr. Mourton further stated that a document was signed by the area merchants accepting the proposed arrangement. He further requested that the lot be returned to Mrs. Hinton, and then an arrangement would be made with the area merchants. City Attorney McCord stated that in view of the agreement between the area merchants and the property owners, then the appropriate Board action would be a resolution authorizing cancellation of the existing lease. Director Henry, seconded by Todd, moved to approve this resolution. Director Bumpass asked what was the amount of time remaining on the current lease. It was confirmed that three years remained. An audience member stated that a snowcone stand may still be placed on the lot. The idea of the merchants is to keep the lot under their jurisdiction so that this problem does not come up every year. Director Sharp pointed out that the agreement stated that the new agreement would be "for an amount no less than the amount she 'is currently receiving." The proper wording should be"for an amount no more than. . ." Mr. Mourton stated that the agreement would be changed to read in that manner. Upon roll call, the resolution canceling the present lease between the City and Mrs. Hinton passed unanimously. RESOLUTION NO. 7-82 APPEARS ON PAGE .'9 / OF ORDINANCE & RESOLUTION BOOK kW BUILDING LEASE/FULBRIGHT INVESTMENT COMPANY Mayor Noland introduced a resolution authorizing the execution of a lease/ purchase agreement with Fulbright Investment Company for temporary quarters for city hall activities. The City is proposing to remodel the current administration building, and while the construction is going on, most city hall offices will be relocated in an interim city hall to be built at the corner of Rock Street and Church Avenue. After the building is remodeled and re -occupied, the interim city hall building would be used to house building maintenance machinery, policy vehicle service areas, and the Traffic Department. This proposal before the Board would authorize a lease/purchase arrangement for the former J.C. Penney customer service building on the south side of Rock Street to house the Traffic Deparment Shop and building maintenance activities while the interim city hall is occupied with offices. The arrangement provides for a one-year lease beginning in the spring of 1982, with two six-month renewal options; at $450 per month, to apply toward a purchase -option price of $90,000. Director Sharp noted that the City Hall Committee had discussed this issue and decided the question should be presented to the Board. 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 January 18, 1982 371; 376.1 City Attorney McCord stated that Mr. Douglas had informed him that he did not intend for the monthly rent to apply toward the purchase price. 376.2 Director Todd asked if there would still be the purchase option at the end of the term of the lease. 376.3 City Attorney McCord stated that the purchase option for $90,000 was in agreement. Rental payments, according to Mr. Douglas, did not apply toward this purchase price, and this is the unsettled question. 376.4 It was agreed that no appraisal was required for a lease by the City. 376.5 Director Todd asked if the staff had negotiated this option price or was this just an asking price. 376.7 Assistant City Manager McWethy stated that it was an asking price and was higher than he had hoped. 376.8 Director Todd stated that since there was nothing really pressing regarding this agreement, he would like for the staff to negotiate the purchase price. Director Todd clarified his statement stating that he preferred deferring the whole agreement until negotiations could be entered into. 376.9 Director Osborne stated that he felt the Board would be more agreeable with the lease/purchase option if the rent payments did apply toward the purchase price. 376.10 Mr. McWethy stated that he was surprised about the rent not applying toward the purchase price. 376.11 Director Henry, seconded by Lancaster, moved to table this until clarification of the matter of rent applying to the purchase price. 376.12 Upon roll call the motion to table passed unanimously. SUBDIVISION CHANGE/CLARIFY DEFINITION OF "SUBDIVISION" & "CONCURRENT PLAT" 376.13 Mayor Noland introduced an ordinance amending the City Code by clarifying the definition of "subdivision" and the applicability of the "concurrent plat" procedure. 376.14 City Attorney McCord read the ordinance for the first time. Director Henry, seconded by Todd, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously. 376.15 City Attorney McCord read the ordinance for the second time. Director Todd, seconded by Noland, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third time. 376.16 There being no further discussion, upon roll call the ordinance passed unanimously. ORDINANCE NO. 2798 APPEARS ON PAGE /to OF ORDINANCE & RESOLUTION BOOK X// DRAINAGE ADDITION/EAST SEVENTH STREET 376.16 Mayor Noland introduced a request from the Street Superintendent that drainage ditch improvements be added to a proposed Community Development street project. The proposed drainage ditch would be concrete lined and run south from East Seventh Street between Wood and Washington Avenues, for a distance of some 2,600 feet at a cost of $40,000. 376.17 Director Lancaster stated that he did not believe that this drainage ditch could be built this distance without a big ditch being required through a hill due to rough terrain. 376.18 Mayor Noland asked if he wanted to deny the request or table it for further study. 376.19 Director Todd stated that if the Street Superintendent felt that there was a need for this drainage system, then he could bring this issue back to the Board for consideration during the 1982-83 Community Development Budget. 1 1 January 18, 1982 377 Director Todd made a motion to deny the request, which was seconded by 377.1 Director Osborne. Upon roll call the motion to refuse the request passed unanimously. 377.2 BRIDGE REPLACEMENT/OVER SKULL CREEK ON APPLEBY ROAD Mayor Noland introduced a request for city participation in the cost of 377.3 constructing a bridge over Skull Creek on Appleby Road. Mr. Wade Bishop stated that the property owners along Appleby Road were 377.4 trying to improve the road --bring it into compliance with City codes. They were requesting city participation utilizing recently approved Federal Bridge Replacement Funds, which had been done on Sycamore Road and North Street. He stated that the Appleby residents were aware of the recent federal money for bridge replacement and were in hopes of obtaining part of it for this O particular construction project. Mr. Bishop further noted the increased Q) traffic on Appleby Road. He also stated that Mr. Paul Martin, a property 6) owner on Appleby Road, was a co -participant in this request. Director Lancaster stated his agreement with the need for a new bridge 377.5 at this location. City Manager Grimes stated that there would be a Street Committee 377.6 Q Meeting within a few days, and they would have some updated material from the Highway Department concerning this bridge program. He recommended that this be referred to the Street Committee, and then the Street Committee could recommend to the Board priorities for use of the federal money. Director Osborne, seconded by Bumpass, moved to refer this to the Street 377.7 Committee. Upon roll call the motion to refer to the Street Committee passed unanimously.377.8 FUNDING CONTINUANCE/1981 GENERAL, PUBLIC WORKS & AIRPORT BUDGETS Mayor Noland introduced a resolution authorizing the expenditure of up to 377.9 20% of the amounts budgeted in the 1981 General, Public Works, and Airport Funds Budgets until the 1982 versions are adopted. Mayor Noland, seconded by Osborne, made a motion to approve the budget 377.10. funding. Upon roll call the motion passed unanimously. RESOLUTION NO. 8-82 APPEARS ON PAGE 44:23 OF ORDINANCE & RESOLUTION BOOK ,X/l/ AIRPORT/SUBLEASE OF FIXED BASE OPERATOR SPACE TO UNIVERSITY OF ARKANSAS Mayor Noland introduced a resolution recommended from the Airport Committee 377.11 that the Fayetteville Flying Service be authorized to sublease a portion of their Fixed Base Operator space to the University of Arkansas. Director Lancaster stated that the Airport Committee recommended the lease. 377.12 This was seconded by Director Osborne. There being no further discussion, upon roll call the motion passed 377.13 unanimously. 1 RESOLUTION NO. 9-82 APPEARS ON PAGE 4.24 OF ORDINANCE & RESOLUTION BOOK X)// AIRPORT/MODIFICATION OF LEASE FOR RESTAURANT SPACE AT DRAKE FIELD Mayor Noland introduced a resolution for authorization of a modification 377.14 to a lease agreement for restaurant space at the Drake Field Terminal Building. The modification would increase the lease payments by 10%, from "8% of gross sales or $1,144.50 per month, whichever is greater" to "8% of gross sales or $1,258.95 per month, whichever is greater." Director Lancaster, seconded by Osborne, moved to approve the lease. 377.15 378 378.1 January 18, 1982 Director Todd asked if the formula for determining the rate remained the same with this increase being a consumer price index raise. It was confirmed that this was correct. 378.2 Director Bumpass asked if Mrs. Ede Hogue, Airport Manager, could draw any correlations between enplanements and gross sales at the restaurant. 378.3 Mrs. Hogue stated that there was no direct correlation. She further stated that the figures of the monthly gross receipts were provided to her by the restaurant. The enplanement figures were supplied to her by the airlines. She also received a copy of the state sales tax report from the restaurant. 378.4 There being no further discussion, upon roll call the motion passed unanimously. RESOLUTION NO. 10-82 APPEARS ON PAGE *.25 OF ORDINANCE & RESOLUTION BOOK x111 AIRPORT/INCREASE RATES CHARGED TO CAR RENTAL AGENCIES 378.5 Mayor Noland introduced a resolution authorizing an increase in the rates charged to car rental agencies operating out of the Drake Field Terminal Building. The principal effect of the change would be a 32% increase over 1981 rentals and charges for Avis, Budget, National, and Hertz. There will be an annual adjustment throughout the term of the lease for all rentals and charges, which will reflect the percentage of change occurring in the consumer price index during the period. 378.6 Mayor Noland asked why there was such a large percentage increase. 378.7 Mrs. Hogue replied that the original charges were a low base. The enplanement rate was kept the same. Because of the low number of enplanements, the airport fell below the budgeted revenues. The low number of enplanements had been occurring throughout the country. This increase would in effect raise the guaranteed base fee and leave the fluctuating factors the same. 378.8 Director Lancaster, seconded by Osborne, made a motion to accept this rate increase. 378.9 Upon roll call the motion passed unanimously. RESOLUTION NO. 11-82 APPEARS ON PAGE 4i35 OF ORDINANCE & RESOLUTION BOOK )(ill AIRPORT/INCREASE RATES TO AIRPORT LIMOUSINE SERVICE 378.10 Mayor Noland introduced a resolution for authorization of the rates charged to the airport limousine service. The lease the same except for a 21% increase over 1981 rentals and charge 378.11 Director Lancaster, seconded by Osborne, made a motion to rate increase. 378.12 Upon roll call the motion passed unanimously. increases in terms remain s. accept this RESOLUTION NO. 12-82 APPEARS ON PAGE 41,00 OF ORDINANCE & RESOLUTION BOOK )(Il) AIRPORT/CHANGE ORDERS --RUNWAY GRADING AND TAXIWAY LIGHTING 378.13 Mayor Noland introduced a resolution for authorization of change orders regarding the runway safety area and grading and taxiway lighting system project. The three change order items total some $3,100 of which 80% will be paid for with federal funds. 378.14 City Manager Grimes stated that the 90% indicated in the agenda was incorrect and should be 80%. 378.15 Director Lancaster asked the engineer, Johnny Quinn, if the lights or stands were too low which was not determined initially, therefore, requiring this additional cost. 1 January 18. 1982 379 Mr. Quinn stated that this was essentially the case. The lights are 379.1 critical factors with the FAA and have to comply with the FAA standards. Mrs. Hogue further explained that this needed change was a result of 379.2 previous dirt shifting which had now releveled and needed to be corrected. Director Lancaster asked Mr. Quinn if these prices were in line with the 379.3 original bid prices. Mr. Quinn stated that they were in line with the previous prices and 379.4 recommended acceptance of this proposal. Director Todd, seconded by Osborne, moved for approval of this change order. 379.5 Upon roll call the motion passed unanimously. 379.6 RESOLUTION NO. 13-82 APPEARS ON PAGE 4&7 OF ORDINANCE & RESOLUTION BOOK XII( O SIGN REMOVAL/POST-SEIZURE HEARING PROCEDURE Q) Mayor Noland introduced an ordinance providing for a post -seizure hearing 379.7 Q) procedure in the event an illegal sign is summarily removed without notice. City Attorney McCord stated that the two principal aspects of the ordinance 379.8 Q were (1) to provide for reasonable notice to remove an illegally erected sign as opposed to a 10 -day notice which was the present requirement and (2) to provide Q for a post -seizure hearing procedure which is constitutionally required when a sign is seized without notice. City Attorney McCord read the ordinance for the first time. Mayor Noland, 379.9 seconded by Henry, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously. City Attorney McCord read the ordinance for the second time. Director 379.10 Bumpass, seconded by Henry, moved:that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third time. City Attorney McCord stated that reasonable notice had to be given unless 379.11 II/ a determination based upon inspection that the sign was unsafe to persons or property as opposed to being just a violation of the ordinance. Mr. McCord stated that a reasonable time could be a matter of hours if immediate notice was given, or it could be one day. This reasonable time clause would cover illegally erected temporary signs. ' It was confirmed that this ordinance would not have any affect on the 379.12 cases currently under consideration for violation of the sign ordinance. There being no further discussion, the ordinance passed unanimously. 379.13 ORDINANCE NO. 2790 APPEARS ON PAGE /1'/ OF ORDINANCE & RESOLUTION BOOK )C!/ AIRPORT CONTRACT/MCCLELLAND ENGINEERS --AIRPORT PARKING & TAXIWAY IMPROVEMENTS Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a contract with McClelland Consulting Engineers for the development of plans and specifications for airport parking and taxiway improvements at Drake Field. Mayor Noland explained that the purpose of this contract was to begin to develop taxiway area on the east side of the runway. It was further confirmed that this particular contract would cover the design phase and construction observation as well as bidding out the construction work. This is the last planning phase of this project. Director Todd asked if this was the design contract for the whole east side of the runway. Mr. Quinn confirmed that it was not. This contract is for the area designated as.the initial taxiway and the parking apron in the northeast corner of the east side. 379.14 379.15 379.16 379.17 January 18, 1982 380 380.1 Mrs. Hogue stated that for this particular project federal funding had already been granted. The master plan has not been funded, but there is a proposed master plan. 380.2 There being no further discussion, upon roll call the motion passed unanimously. RESOLUTION NO. 14-82 APPEARS ON PAGE li-71 OF ORDINANCE & RESOLUTION BOOK Xli/ BID AWARDS 380.3 Bid #476 - Bicycle Route Maps. Mayor Noland introduced the proposed bid for bicycle route maps that was tabled from the previous meeting. 380.4 Purchasing Officer Mackey stated that there had been an error in the base bid pricing. The unit price was correct, but the extension had an error in it; therefore, the unit price did decrease with increased quantities. 380.5 Mayor Noland stated that the existing contract between the City and the State Transportation Department was for 5,000 maps. He further explained that the Bicycle Task Force was taking money that had previously been appropriated for video tape equipment and rechanneling to the map fund in order to purchase the TYVEK paper maps. 380.6 A Bicycle Task Force representative presented to the Board the camera- ready map that had been prepared. He explained that every street in Fayetteville had been rated according to its suitability to traveling by bicycle. He further explained where different colors would be utilized. 380.7 Director Todd, seconded by Osborne, moved to accept the TYVEK, or alternative bid. 380.8 Director Sharp pointed out to the Bicycle Task Force members that the Board was not questionning their decisions in the previous meeting, rather the Board was questionning the discrepancies in the bid. 380.9 Upon roll call the motion passed 6 to 1, with Director Bumpass voting in the minority. 380.10 Bid #479 - Animal Control Department. Mayor Noland introduced a bid award to Lewis Ford for a 3/4 ton chassis cab for the Animal Control Depart- ment. This truck would be equipped with a stainless steel animal control body. 380.11 Purchasing Officer Mackey stated that this bid was high; however, it was a quality truck, and the stainless steel animal control body would be long lasting. 380.12 Director Osborne asked why a 3/4 ton truck was needed. 380.13 Mr. Mackey stated that Wally Brt informed him that this size truck was needed to handle the weight of the dogs picked up. He further stated that the proposed animal control body was like the one the City presently owns. This would make the second useable animal control truck the city owns. Mr. Mackey explained some of the benefits of this type animal control body. 380.14 Mayor Noland asked about the old truck that this new one would replace. He asked if the old body could be put on a new truck. 380.15 Mr. Mackey informed him that the old animal control body was worn out and not suitable to be used on the new truck. The proposed stainless steel body would withstand the abuse from animal waste. 380.16 City Manager Grimes stated that the old truck had a home-made body, and the Humane Society had condemned the city's use of this equipment. 380.17 Director Lancaster expressed his concern about the distance the person driving the truck lived from the City. 380.18 Director Todd asked how many miles the old truck had on it. Purchasing Officer Mackey stated that he did not know, but that it was an older Dodge truck and probably had over 100,000 miles on it. 1 1 January 18, 1982 381 381.1 Director Bumpass stated his approval of the stainless steel body because of the facts that it would probably last longer, be easier to clean, and protect "innocent" pets from diseases, etc. It was confirmed that the City presently owns a vehicle like the proposed one which is a 1978 Chevrolet and a 3/4 ton. Director Bumpass asked what the charge was for someone to get their pet released from the animal shelter. City Manager Grimes stated that the price was $25 for the first time, $50 the second time, and continued to escalate for each offense. Director Osborne asked if a diesel engine had been considered. Mr. Mackey stated that a diesel engine had not been considered. He further stated that no long -run cost analysis study had been done on the feasibility of this truck cost or efficiency. Mr. Grimes asked if the brochure on the body gave the weight of the empty body. He stated that being stainless steel the empty weight must be considerable which would require a 3/4 ton truck. Director Osborne asked if the City owned any diesel vehicles. City Manager Grimes stated that most of the city's large vehicles were diesel. Mayor Noland stated that residents of the City contributed to the population at the animal shelter about 1/2 of the total.' Director Bumpass asked if the stated revenues of the shelter included any of the fines paid into the municipal court to get a pet released. City Manager Grimes stated that the fines were not included in the figures. He stated that the revenue money came from people making donations when they left animals at the shelter. Mayor Noland asked if there were other types of animal control bodies other than stainless steel. He stated that something like PVC or plastic coated steel would be just as durable butcostmuch less and weigh less. Mr. Mackey stated that he had contracted one of the stainless steel companies asking about different materials for the bodies. That particular manufacturer did not know of any other materials that were feasible. Director Osborne moved to table this issue and check into the following matters: (1) the size of truck needed; (2) the feasibility of diesel vs. gasoline engines; and (3) deductive alternates on diesel as well as gasoline engines. Director Todd seconded the motion. Mayor Noland stated that he felt the consensus of the Board was to obtain the least expensive, but efficient, method of handling animals. •,It was proposed to refer this to the appropriate committee for further consideration, and for Mr. Mackey to make a study regarding the most cost effective type of truck and animal control body. Upon roll call the motion to table was approved 7 to 0. Bid #480 - One -Year Contract for Concrete Construction. Mayor Noland introduced a bid for a one-year'contract for concrete construction. Mr. Mackey stated that the line item unit cost of each item had been considered. The prices were extended based on the required quantities, and the bid was awarded on the overall grand total. The actual cost may be less if the concrete is used without steel. Director Lancaster, seconded by Todd, moved to accept the bid. Mr. Mackey stated that the Street Department anticipated no major changes in the quantities or qualities of items needed; therefore, he saw no major changes in the prices from those of the bid. Upon roll call the motion to accept the bid passed unanimously. 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13. 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 January 18, 1982 382 SKYWAYS/MR. DICK SEDDON ADDRESSED BOARD 382.1 Mr. Seddon stated before the Board that he wanted to make sure that everyone knew that Skyways had accepted the proposed contract. 382.2 Director Osborne stated that the Board had not approved this particular modification at that point. He did introduce the proposed lease at this time for the Board's consideration. He stated that Skyways had requested that the old airport manager's office lease be effective March 1, 1982. The modifications in the proposed lease were recommended by the Finance Committee. 382.3 Director Osborne distributed copies of the modifications of the lease agreements with Skyways and Frontier to the members of the Board. He summarized the changes in the leases. The square footage prices on exclusive space went from $12 in 1980 to $15 in 1981 to $17 in 1982. The non-exclusive space which there was no charge on previously will be $3.00 per square foot until December 1, 1982, and then to $6.00 per square foot for the month of December 1982. The landing fees which presently are 33d per 1000 pounds will end June 30, 1982. On July 1, 1982, the rate will increase to 42d per 1000 pounds for the next twelve months. The minimum fee for any scheduled landing is $4.00. Skyways had leased the old airport manager's office. 382.4 Director Sharp asked if there was any minimum or maximum number of landings. 382.5 Director Osborne stated that this had been discussed, but no decision had been reached. The decision was to leave this matter open. He further stated that both the Skyways and Frontier lease changes were the same. 382.6 Director Osborne, seconded by Sharp, moved to accept both lease agreements as submitted. 382.7 Director Todd requested that during the next contract negotiations, the dates be made consistent and based on a calendar year. II/382.8 City Manager Grimes stated that the reduction in Metro's non-exclusive space rental from $6.00 to $3.00 per square foot should be included in this motion. 382.9 Director Osborne, seconded by Sharp, moved to amend the motion to include the Metro lease change. 382.10 Mr. Dick Seddon of Skyways stated that they were going to try to have an individual that would be responsible for negotiating with the City and represent Skyways. This would let the City better know who to deal with and what the Skyways' position on matters would be. Mr. Seddon stated that he personally was not in full agreement with the contract. He felt the rates were too high. He further stated his concern over the size of the rate increases. He stated that it cost them so much more to do business at the airport now than it did several years ago, and he felt that these increases were not directly tied with the new terminal building. He stated that he felt the landing fees should be collected for the maintenance of the runway. He stated that the fees for the office space, counters, etc., should be directly related to the costs of the building. He stated that Skyways rejected the first proposal because of this feeling that the size of the increase was too great. 382.11 There being no further discussion, upon roll call the motion passed unanimously. RESOLUTION NO. 15-82 APPEARS ON PAGE 48Z OF ORDINANCE & RESOLUTION BOOK )Q/i BEAVER LANDFILL 382.12 Mayor Noland asked if the Board wanted to take any position or action on the proposed landfill for municipal solid waste which is proposed to be located less than a mile from Beaver Lake and above Beaver Water District's water supply intake. 1 January 18, 1982 383 Director Henry stated that she thought it would be appropriate for the 383.1 Board to send a resolution of concern and for the matter to be studied quite carefully before any permit be given under the proposed circumstances. Director Osborne stated that he wanted the Board to go on record opposing 383.2 the landfill. Director Henry stated that she felt the Board should not go on record 383.3 opposing the landfill, per se, but that the Board wants to make sure the landfill is studied thoroughly. She stated that she did not want to preclude the possibility of the landfill if the proposal can be proven to be safe. Director Osborne moved to amend the motion to state that the Board is 383.4 opposed to the granting of any applications without "intensive and detailed study." Director Henry seconded this. City Attorney McCord stated that he would draft this resolution. 383.5 0 Upon roll call the motion passed unanimously. Q) CD RESOLUTION NO. 16-82 APPEARS ON PAGE z9-90 OF ORDINANCE & RESOLUTION BOOK X(/( Q RETAIL BEER PERMIT/572 W. 6th STREET City Manager Grimes stated that he was not sure if the location was in 383.6 Q the proper zone to be granted a beer permit. He stated that the location might be an I-1 zone, and the ordinance and zoning should be checked and then the proper action taken. 1 BOARD ADJUSTMENT ATTENDANCE RECORD Director Todd stated that the attendance record should be studied. 383.7 Director Henry stated that she had noted this and would look into the matter. 383.8 CODE OF ETHICS FORMS City Manager Grimes stated that the Code of Ethics forms are to be turned 383.9 in to the City Clerk's Office by the end of January. CONSENT DECREE/RILEY SKILLERN City Attorney McCord recommended approval of the consent decree. He stated 383.10 that if the case were tried, _the judgment assuming the City prevailed, would be very similar to this decree. He stated that there were some minor wording changes in the decree, but they did not affect the substance. Director Henry, seconded by Osborne, moved to accept the consent decree. 383.11 Director Osborne asked if Mr. Skillern would be allowed to sell a parcel 383.12 less than 5 acres. City Attorney McCord stated that he could sell parcels of more than 5 acres 383.13 by merely clearing it with the Planning Office for zoning compliance. However, the decree will be clarified to provide that any sale of less than 5 acres, either the seller or the purchaser will have to go through the subdivision process. This would be obtaining a lot split assuming more than three lot splits have not already been obtained or file a preliminary and final plat. Mr. McCord stated that this would be different from the present method 383.14 because under the literal provisions as they are presently worded, even five acre divisions have to be processed as a "concurrent" plat. The Planning Office stated that they did not see a need for this requirement. He suggested that the Planning Commission hold a public hearing to see if this should be amended. He further stated that the City does have a strong case, but there is no guaranteed victory. He felt that the consent decree would be a good settlement. Upon roll call the motion to accept the consent decree passed unanimously. 383.15 January 18, 1982 384 DESTRUCTION OF OLD CITY CLERK RECORDS 384.1 Mr. McCord stated that approval of the Board had been requested by the City Clerk to destroy old documents primarily old check records and payroll records. Board approval is required under the statute. 384.2 Director Henry, seconded by Osborne, moved to approve the destruction of the old records. 384.3 Upon roll call the motion passed unanimously. RESOLUTION NO. 17-82 APPEARS ON PAGE 2103 OF ORDINANCE & RESOLUTION BOOK XIII ECHO PROGRAM/NOISE ENFORCEMENT 384.4 Mr. McCord stated that the City had participated in the ECHO Program regarding noise enforcement. The City received funds to improve the city's noise enforcement program. An authorization for the extension of the present agreement is needed from the Board. 384.5 Mayor Noland, seconded by Todd, moved to extend the present agreement. 384.6 Upon roll call the motion passed unanimously. RESOLUTION NO. 18-82 APPEARS ON PAGE i -/-9(o OF ORDINANCE & RESOLUTION BOOK XIII SIGN CASES 384.7 Director Lancaster asked if any progress had been made on the pending sign ordinance violation cases. 384.8 City Attorney McCord replied that Judge Butt had called him and informed • Mr. McCord that he was in the process of deciding two of the cases. Several of the other cases have been set for trial. PLAQUE/CENTER FOR CONTINUING EDUCATION 384.9 Assistant City Manager McWethy asked if the proposed plaque was acceptable to the Board. 384.10 Director Henry proposed to include City Attorney McCord's name on the plaque because he had contributed greatly to this project. POLICE & FIRE COMMITTEE 384.11 Director Bumpass stated that there would be an ad hoc fire committee meeting and a meeting of the Police and Fire Committee as indicated in the agenda. 384.12 He stated that on the agenda would be the recommendation from the Police Chief and City Manager that closing hours be established for all public places that serve alcoholic beverages. He asked if this was to be aimed primarily at private clubs. 384.13 City Manager Grimes stated that he felt the closing hours should be uniform for both public and private establishments. 384.14 Director Henry stated that the main objection to the ordinance reported to was that the proposed 2:00 a.m. closing hour was too late. 384.15 It was decided to set a time for the discussion of this issue so that the general public would know when to attend the meeting if they so desired. It was decided that the closing hour issue would be discussed no earlier than 11:00 a.m. at the Police and Fire Committee Meeting on Thursday, January 21, 1982. SWIMMING POOL 384.16 Director Osborne stated that the swimming pool discussion would be the first item on the agenda for the Finance Committee meeting on Wednesday, January 20, 1982, at 2:00 p.m. 1 1 k • January 18, 1982 385 ADVERTISING & PROMOTION COMMITTEE Assistant City Manager McWethy stated that this committee was short by 385.1 one hotel, motel or restaurant owner or manager. MINUTES The minutes were approved as submitted. 385.2 PARKING/GREGG STREET A member of the audience wanted to know how he could get parking to be 385.3 permitted on Gregg Street. Mayor Noland informed him that this should be taken to the Street 385.4 Department or Traffic Department. O The audience member further asked if when the Board spoke about alcoholic 385.5 0) beverages if they differentiated between beer and wine and hard liquor. He C also asked about the proposed closing hour and how it would apply to private versus public clubs. 7 Mr. McCord informed the audience member that the proposal was for a 385.6 Cr uniform closing time of any and all places serving alcohol. Q Mayor Noland informed the audience member that this would be discussed 385.7 at the Police and Fire Committee Meeting, and he was welcome to attend. ADJOURNMENT There being no further discussion, the meeting adjourned at 9:40 p.m. 385.8 1 •