Loading...
HomeMy WebLinkAbout1980-08-15 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING 421 A meeting of the Board of Directors was held on Tuesday, August 5, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Lancaster, Osborne, Sharp, Todd, Colwell, Henry; City Attorney McCord, City Clerk Goering, City Manager Don Grimes, and Administrative Assistant McWethy ABSENT: Director Noland OTHERS PRESENT: Members of the audience and representatives of the news media Q) CALL TO ORDER 0 Following a moment of respectful silence and roll call, the Mayor called the CO meeting to order and welcomed Fayetteville Open Channel. REZONING APPEAL/NORTH SIDE OF WHILLOCK ST. AND EAST OF SOUTH SCHOOL AVE. Mayor Todd introduced an appeal of a decision by the Planning Commission regard- 421.1 Q ing rezoning petition R80-12 for 0.53 acres located on the north side of Whillock St. approximately 650 ft. east of South School Avenue. The petitioners, trustees of The People's Church, requested that the property be changed from R-1 "Low Density Resi- dential" to R-2 "Medium Density Residential" because the church members built a new building on Hwy 265 and want to sell the present property to prospective buyers who want to rezone the property. Mr. Chuck Easterling, the prospective buyer, said he planned to turn the church into a tri-plex of three 700 sq. ft. units and that he had "no plans to change the size of the church or build additions." At a public II/ hearing before the Commission on July 14 a motion to recommend denial, because of the inadequate water line and the unpaved road, passed 7-2, with Commissioners Redfern and Gitelman in the minority. In their appeal to the City Board the church trustees stated that the purchaser would be willing to enter into a Bill of Assurances that he would 1) pay up to 25 percent of the cost of extending a 6 inch water line to the pro- perty; and 2) limit the use of the building to a one -family dwelling until the road is paved or June, 1981, whichever comes first (the paving of Whillock Street is part of the 1980 Community Development Block Grant program). Don Thomas, Pastor of the People's Church, addressed the Board and asked when 421.2 .the street would be scheduled for paving; the City Manager said it would be on the agenda for this meeting. With regard to widening the street, the City Manager said that it would be hard to widen and that for now it was important to eliminate the dust. Mayor Todd clarified that if the property is rezoned, up to ten 2 -bedroom apartments could be put on the lot. Jim Alexander, a resident of Whillock St., presented a petition to the Board* 421.3 containing 18 signatures of residents of Whillock St., requesting that the property remain R-1 zoning for three reasons: 1) the street is only 17 ft. wide in spots and unpaved, which is too narrow to support any more daily traffic; and children have to walk down the street to catch the school bus; 2) the water line is only two inches wide and not large enough to support any more residents; and 3) a tri-plex will de- value their property. The petition asked for the same consideration as any other R-1 district would be given --to keep their neighborhood as it presently is. Other residents of Whillock who spoke to the Board in opposition of rezoning were Phil Taylor, Margaret Wills, and Katy Taylor. Chuck Easterling said he and his father were the, prospective buyers and they 421.4 planned to renovate the property and limit it to a tri-plex--that it would be an attractive building and an asset to the neighborhood. In answer to Lancaster, Mr. Easterling said that their offer of a Bill of Assurance was not presented to the *Petition is attached as Exhibit A to these minutes 8-5-80 4 Planning Commission, but that they had added this later hoping the Board would be more likely to go along with their request. In answer to Director Osborne, Easterling said that if the building were limited to a tri-plex for a number of years the market- ability of the property would be reduced, but they would be willing to limit the time period to ten years. The City Attorney clarified that a Bill of Assurance would have to define the time limit. 422.1 In answer to Lancaster and Osborne, Grimes said that the new water line would run from Hwy 71 and the cost for the entire length of the street would be approxi- mately $60,000; that Easterling had proposed to pay for 25 percent of the cost of the line up to the said property only. Grimes said that if the property is rezoned, this would probably have to be put in as a new budget item before it actually would have been built. 422.2 Director Lancaster said that since this appeal has new stipulations that were not presented to the Planning Commission, that perhaps this appeal (and others like it) would be subject to a rehearing on that basis. 422.3 Director Henry, seconded by Sharp, moved to deny the requested rezoning. Henry stated that this request could go back for a proposed conditional use duplex and the zoning would not actually be changed. Upon roll call the motion passed 5-1, with Director Osborne voting in the minority. MASTER SIDEWALK PLAN 422.4 The Master Sidewalk Plan and a related ordinance had been tabled from the July 15 meeting. This plan shows where the City feels that sidewalks should eventually be located, which is generally: 1) along both sides of streets that the Master Street Plan designates as "Collector" or "Arterial" streets; 2) along one side of most streets in the "Medium-" and "High -Density" Residential, Commercial, and Residential -Office zoning districts; and 3) in certain areas --regardless of zoning district --where they are needed for school children's safety or to serve as the principal pedestrial way for a neighborhood. Sidewalks would have to be installed at the property owner's expense only when two conditions occurred: 1) they are shown on the Master Sidewalk Plan and 2) a) a large scale development or subdivision is proposed for the property; b) a new house is built on a vacant lot; or c) the use of an existing structure is changed in such a way that the number of living units is increased or the use is changed into a non-residential use. Additionally, sidewalks would continue to be required along new streets in a subdivision even though they are not shown on the Master Sidewalk Plan. Except for the instances listed above, private property owners would not be required to install sidewalks along their property. Considered in a public hearing before the Planning Commission an July 14, the Plan was recommended for approval by an 8-0 vote, with Commissioner Anderson absent. 422.5 Mayor Todd said this had been tabled at the last City Board meeting for public input. He said it was developed by the staff and a committee of the Board chaired by Director Colwell and referred to the Planning Commission and was approved unanimously; and that it is now back for full Board consideration for adoption. He then asked for public comment from those in support of the Master Sidewalk Plan. 422.6 Joe Neal said this would make Fayetteville a nicer place to live. Harriet Jansma asked about maintenance, and Grimes said maintenance is the responsibility of the adjoining property owners. David Druding said the City needs sidewalks badly. Carol Widder said she would like to see provisions for the handicapped. Bob Brandon pro- posed that the City designate the inside of all streets surrounding Wilson Park as routes for pedestrians, bicyclists, and joggers; leaving the outside lanes for cars, with the lanes running counterclockwise around the park. Annie Litell said sidewalks would be an energy savings in a few years. Mark Widder said sidewalks would be an alternate form of transportation for the future. Bobbie Nill Templeton said the PTAs were in favor of sidewalks and expressed thanks to the Board for their leadership in this area. Ervan Wimberly said he is in favor of sidewalks, but that the cost should be spread out. Wade Bishop said that sidewalks are proposed for the north side of 1 1 8-5-80 Appleby Rd., but he asked that the sidewalks be put on the south side because the 4 2 3 other property owner did not contribute any money to the improvement of the street. He said that this is what the Board agreed to at the time he made the street improvements, but that the minutes of that meeting did not reflect his request. The Board agreed to follow up on this request with a recommendation from the Street Committee. City Attorney McCord read the ordinance for the first time. Director Lancaster, 423.1 seconded by Osborne, moved to suspend the rules and place the ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Henry, moved to further suspend the rules and place 423.2 the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third and final time. There being no further discussion, the Mayor asked if the ordinance should pass 423.3 0) and upon roll call the ordinance passed unanimously. 0 co ORDINANCE NO. 2652 APPEARS ON PAGE z/617 OF ORDINANCE AND RESOLUTION BOOK =X . Q SIDEWALK CONSTRUCTION ORDINANCE The City Attorney read an ordinance amending Chapter 18 of the Fayetteville Code 423.4 Q of Ordinances to require construction of sidewalks. This ordinance had been discussed in detail and tabled at the July 15 Board meeting. There being no discussion, Director Osborne, seconded by Sharp, moved to suspend 423.5 the rules and place the ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Lancaster, moved to further suspend the rules and 423.6 place the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third time. The Mayor asked if the ordinance should pass and upon roll call it passed 423.7 unanimously. 1 i ORDINANCE NO. 2653 APPEARS ON PAGE 4498 OF ORDINANCE AND RESOLUTION BOOK rX ENGINEERING CONTRACT/WHILLOCK, EAST FARMERS & COMBS Mayor Todd introduced a resolution authorizing an amendment to an Agreement for 423.8 Engineering Services for street and sidewalk construction. This amendment would pro- vide for basic engineering services and construction management for three CD -funded street projects, Whillock, East Farmers and Combs. These streets were originally deleted from the list of projects because of an anticipated lack of funds; they are now being added back because of some lower-than-expected construction bids. Mayor Todd said he did not favor proceeding with Whillock at the present time 423.9 because if it is rezoned medium density residential,the expense should be borne by the developer(s). Rick Mason said the engineering contract is on an hourly basis and the City would only be charged for what they bill. He said the three streets were bid individually, so sidewalks would not have to be constructed on Whillock. He stressed that this is an addendum for the engineering portion of the contract. Director Sharp said he would like to see consideration given to acquiring park land around the East Farmers area. Director Lancaster, seconded by Sharp, moved to authorize the amendment to the 423.1C Agreement for Engineering Services for street and sidewalk construction on the three streets. Upon roll call the motion passed 5-1, with Director Todd voting in the minority. RESOLUTION N0. 76-80 APPEARS ON PAGE a & EOF ORDINANCE AND RESOLUTION BOOK ,( . 8-5-80 4"R'HAB WAIVER 424.1 The Community Development and Housing Committee had recommended that a waiver be granted regarding the requirement that Mr. J. C. Conley pay 10 percent of the cost of a housing rehabilitation project. Rick Mason, Community Development Director, explained that the request is not actually a waiver in that due to a lack of communication, Mr. Conley was not aware that the 10 percent contribution was all he needed to come up with, so he went ahead and had some of the work done and paid for it (the amount of money he paid was approximately 40 percent of what the cost would be for the total job). Mason said that because he has actually paid over and above the 10 percent which was required, he felt the Board should go ahead and award a contract for the remainder of the work; that the files would certify that the original work was in fact completed. 424.2 Director Colwell noted that Mr. Conley apparently had a line of credit or the resources to do the work himself, and Mason verified that Mr. Conley still qualified under the regulations. 424.3 Director Lancaster moved to allow the CD Director to proceed with the rehabilita- tion of Mr. Conley's house and to accept the work Mr. Conley has done in lieu of the 10 percent contribution normally required. The motion was seconded by Osborne and passed 4-2, with Directors Colwell and Henry voting in the minority. RESOLUTION NO. 85-80 APPEARS ON PAGE a q 60F ORDINANCE AND RESOLUTION BOOK X . IMPROVEMENT WAIVER/ARKANSAS BEST FREIGHT 424.4 At the July 15 meeting the City Board had agreed to hear an appeal of a decision by the Planning Commission regarding the improvements to be installed in the Large Scale Development plan of Arkansas Best Freight (ABF). On May 12 the Planning Commission approved a Large Scale Development plan for ABF, including a requirement that ABF improve both sides of Truckers Lane from Hwy 112 to the western limit of their construction. In their appeal ABF has stated that if the firm is required to improve both sides of Truckers Lane, a total distance of 513 ft., ABF will be paying for 41 percent of the total frontage length, but will be using only the east 160 ft. or 13 percent of the total frontage length; and they requested that the Board reduce the requirement to 20 feet west of the west edge of their entrance, or a total of 180 ft. from the west edge of the Hwy 112 pavement. 424.5 After considerable discussion, Director Osborne, seconded by Sharp, moved to require ABF to improve 2562 ft. of Truckers Lane from the west edge of Hwy 112 as this would be halfway down to the end of ABF's property. City Manager Grimes said that he would recommend that the Board require ABF to enter into a contract that the sidewalks will be installed when the City determines they are necessary (i.e., when there are other sidewalks to connect with). Director Osborne, seconded by Sharp, amended his motion such that there would be a contract requiring ABF to construct sidewalks when the City deems they are needed. 424.6 There being no further discussion, the Mayor called for a vote on the motion and it passed unanimously. TRAINING AGREEMENT 424.7 A resolution authorizing the execution of an agreement regarding the provision of a performance evaluation system and supervisory training for City employees had been tabled from the July 15 meeting. City Manager Grimes said he would like to start with the basics first which would be a supervisors' training course and a survey to assist in evaluating the strengths and weaknesses of the existing personnel management practices and that the cost should not exceed $2,200. 424.8 After a short discussion, Director Lancaster, seconded by Henry, moved to approve this agreement with Dr. Paul Shaffer. Lancaster said the Board should con- sider this a "starter" and look again at it later on to see if we want to proceed any further with this program. The Mayor called for a vote on the motion and it passed 5-1, with Director Colwell voting in the minority. RESOLUTION NO. 77-80 APPEARS ON PAGES 8 OF ORDINANCE AND RESOLUTION BOOK IX . 1 8-5-80 AIRPORT SECURITY 425 Director Lancaster said it was the Airport Committee's recommendation that the 425.1 City assume 10 percent of the airport security costs for police personnel (10% = $4,384). Director Lancaster, seconded by Henry, moved to approve this recommendation. 425.2 Upon roll call the motion passed unanimously. AIRPORT PLAN/DRAKE FIELD Director Lancaster said the Airport Committee recommended approval of a resolution authorizing the execution of an Agreement for Engineering Services with McClelland Consulting Engineers, Inc., for the preparation of a ten-year Master Plan for Drake Field. City Manager Grimes recommended and the Board agreed that a section should be added specifying the time period for completion. He read the section to be included in the agreement which specified that the engineer will commence work upon written notification by the City and will complete the final plan for the City's review within 0 one calendar year from the notice to proceed; and that unforeseen delays or changes in CO the scope of work would be just cause for a reasonable time extension. Director Lancaster, seconded by Henry, moved to authorize this agreement. Upon 425.4 roll call the motion passed unanimously. Q RESOLUTION NO. 78-80 APPEARS ON PAGE c elLIOF ORDINANCE AND RESOLUTION BOOK \)(.. W/S FUNDING RESOLUTION Director Lancaster, seconded by Henry, moved to authorize the expenditure of up to 10 percent of the amounts in the 1979-80 Water & Sewer Budget until the 1980-81 version is approved. Upon roll call the motion passed unanimously. RESOLUTION NO. 79-80 APPEARS ON PAGE3p tt OF ORDINANCE AND RESOLUTION BOOK I X . BOAT DOCKING FEE INCREASE The City Attorney read an ordinance increasing the fees for boat docking at Lakes 425.6 Fayetteville and Sequoyah from $20 per year to $40; and permitting boat storage outside the boat dock area at locations designated by the dock operator at the rate of $12 annually per boat for each lake. The City Manager said that the intent is to discourage people from storing their 425.7 boats year around and that $20 doesn't cover expenses. Director Osborne, seconded by Henry, moved to suspend the rules and place the ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. In answer to Osborne, Grimes said that the City would still be losing money by 425.8 charging $40 per year, but at $10 per month ($120 per year) the City would not lose money. Director Osborne offered an amendment increasing the fees to $10 per month or $120 per year at Lake Fayetteville and $40 per year at Lake Sequoyah. Director Colwell said that citizens have not been served adequate notice of this proposed increase above the $40 per year, and that the Board should just consider the increase to $40 per year at both lakes. Director Osborne withdrew his amendment, and Director Sharp, seconded by Henry, moved to further suspend the rules and place the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third time. There being no further discussion, the Mayor asked if the ordinance should pass 425.9 and upon roll call the ordinance passed unanimously. ORDINANCE NO. 2654 APPEARS ON PAGE 5499 OF ORDINANCE AND RESOLUTION BOOK 2'X 425.3 1 1 425.5 8-5-80 4 4VELOPMENT DEFINITION ORDINANCE 426.1 The City Attorney read an ordinance amending City Code Section 18-47 by defining "development" to include, but not be limited to, the construction of a new improvement, the construction of an addition to an existing improvement, or a parceling which results in the need for access and utilities. 426.2 Director Osborne, seconded by Henry, moved to suspend the rules and place the ordinance on second reading. The motion passed unanimously and the City Attorney read the ordinance for the second time. 426.3 Director Osborne, seconded by Todd, moved to further suspend the rules and place the ordinance on third and final reading. The motion passed unanimously and the City Attorney read the ordinance for the third time. 426.4 There being no further discussion, the Mayor asked if the ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2655 APPEARS ON PAGE AOC OF ORDINANCE AND RESOLUTION BOOK XX . BID AWARD/WATER & SEWER CHEMICALS 426.5 Purchasing Officer Mackey said the recommendation for Bid No. 433 is that the bid for Hydrated Lime be awarded to Rangaire Corporation of Batesville at $.03884 per lb. for a firm contract through December 31, 1980; that the bid for Liquid Chlorine go to McKesson Chemical Co. of Fayetteville at $.11 per lb. for a one-year contract from date of bid award; and that the bid of Conservation Chemical Co. of Kansas City, Missouri be awarded for Ferric Chloride at .165 per lb. for one year from date of bid award. He said that based on estimates by the Pollution Control Plant, the total cost would be approximately $137,000. 426.6 Director Lancaster seconded by Henry, moved to approve the recommendation. Upon roll call the motion passed unanimously. BID AWARD/OXYGEN FOR SEWAGE LIFT STATIONS 426.7 Purchasing Officer Mackey said the recommendation for Bid No. 434 is that it be awarded'to the low bidder, P. G. Walker and Son of Springfield, Missouri, for a one-year contract at the prices stated in the agenda. He said the total estimated cost for the next twelve months is $9,930. 426.8 Director Lancaster, seconded by Henry, moved to approve the recommendation. Upon roll call the motion passed unanimously. BID WAIVER/SLURRY SEAL OIL/STREET DEPT. 426.9 The City Attorney read an ordinance waiving competitive bidding requirements for the acquisition of slurry seal oil for the Street Department for the reason that said requirements are not feasible because there is only one supplier at this time. In a memorandum to the Board, Mackey explained that only Bitucote Corporation quoted on CSS1H Emulsion Oil --that National Oil and Supply could not bid and the other companies bid a different product. He said that the recommendation is that the City purchase Type CSS1H Slurry Seal Emulsion Oil from Bitucote Corporation of St. Louis, Missouri, at $.6474 per gallon. 426.10 Director Osborne, seconded by Lancaster, moved to suspend the rules and place the ordinance on second reading. The motion passed 5-0 with Henry absent at roll call, and the City Attorney read the ordinance for the second time. 426.11 Director Osborne, seconded by Lancaster, moved to further suspend the rules and place -the ordinance on third and final reading. The motion passed 5-0 with Henry absent at roll call, and the City Attorney read the ordinance for the third time. 426.12 The Mayor asked if the ordinance should pass. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2656 APPEARS ON PAGE 411 OF ORDINANCE AND RESOLUTION BOOK tX . 1 8-5-80 CD CONSTRUCTION CONTRACT/PAVI'NG OF SOUTH BLOCK & THIRTEENTH ST. CD Director Rick Mason said he recommends the construction contract for the 427.1 paving of South Block and Thirteenth Street under the CD Block Grant Program be awarded to McClinton -Anchor for a total amount of $208,942.85 which would include the base bid (Block, Thirteenth, and the parking lot) plus Alternate #2 which is the widening of Thirteenth St. from 31 ft. to 37 ft. without drainage. Director Henry, seconded by Lancaster, moved to award the bid as recommended. 427.2 The Mayor called for a vote on the motion and it passed unanimously. 427 RESOLUTION NO. 80-80 APPEARS ON PAGE 30,510F ORDINANCE AND RESOLUTION BOOK 1)( . CD CONSTRUCTION CONTRACT/PAVING OF WHILLOCK, EAST FARMERS & COMBS The recommendation of the CD Director was that the Contract for street and drain- 427.3 CD age improvements for Combs, Whillock and East Farmers Streets be awarded to McClinton - Anchor in the amounts as bid ($108,454). 0 Director Lancaster moved the award be given to McClinton -Anchor for all three 427.4 CO streets. The motion was not seconded and the Mayor called for another motion. 0 Director Osborne, seconded by Sharp, moved to award the contract to McClinton- 427.5 Anchor for Combs Street only. Upon roll call the motion failed 3-3, with Directors Q Lancaster, Colwell, and Henry voting nay. Director Henry, seconded by Lancaster, moved to award the contract to McClinton- 427.6 Anchor for all three streets. In answer to Osborne, Mason said Whillock qualified for Block Grant funds in 427.7 1977 when it was added to the program and that he has the necessary records that HUD requires. Director Sharp noted that a majority, 11 out of 17 families, qualified on East Farmers; he also said that he would like to have the City look into buying some property in the East Farmers area for park purposes before there is any further construction in that area. After discussion, the Mayor called for a vote on the motion and it passed 4-2, 427.8 with Directors Sharp and Todd voting in the minority. 1 RESOLUTION NO. 81-80 APPEARS ON PAGE a1kOF ORDINANCE AND RESOLUTION BOOK AVIS CAR RENTAL PARKING APPEAL/NEW TERMINAL BLDG. Mayor Todd introduced an appeal of a decision by the staff and the Airport 427.9 Committee with regard to the allocation of car rental parking area assignments at the New Terminal Building. Jackie Ditmars, Executive Vice President of Avis.Car Rental, was in attendance. 427.10 Hugh Kincaid, representing Avis, addressed the Board and outlined the history of the verbal agreement between the four car rental agencies and Larry Palmer with regard to counter space inside the Terminal Building and car rental space outside the building. Ede Hogue, Airport Manager, explained that the parking situation had not been settled and that she, the City Manager, and the Assistant Airport Manager had decided that from a customer standpoint and overall fairness to each company that the parking spaces should be assigned so that each company would have a row of parking next to the Terminal Building. She said they thought it was unfair to give Avis the requested 18 spaces spread across all four rows. She said she strongly recommends that the Board uphold the decision of the staff and the Airport Committee as they felt this would be the fairest solution to all concerned. She said at the last meeting each parking agency was represented and all three other companies said they did not like the previous allocation. She said she felt it was not too late at this time to be fair to all companies and that they are all paying the same. She said with each company assigned a row next to the building, the parking lot would be more organized. Director Lancaster moved to deny the Avis request and to uphold the staff and 427.11 Airport Committee recommendation for allocation of airport car rental parking spaces. The motion was seconded by Osborne and upon roll call the motion passed unanimously. X • 8-5-80 4 ;• 'tDJET ADJUSTMENTS 428.1 The City Attorney said the Finance Director requested a resolution approving budget adjustments in the City General Fund and Airport Fund to authorize the expenditure of funds for a personnel training agreement and airport security expenses. 428.2 Director Colwell, seconded by Todd, moved to approve the budget adjustments. Upon roll call the motion passed unanimously. RESOLUTION NO. 82-80 APPEARS ON PAGE2 it OF ORDINANCE AND RESOLUTION BOOK . WALKER PARK 428.3 The City Attorney presented a status report on the City's condemnation case against Bryan Walker for the acquisition of an additional seven acres to enlarge Walker Park and on the two lawsuits filed by the Walkers. He reported that the City deposited $22,500 as estimated Just compensation based upon one of two independent appraisals and a review appraisal received by the City. The other appraisal was $28,500. After the City filed its condemnation complaint, the Walker's filed an answer challenging the right to take and the Circuit Court entered an Order trans- ferring the case to Chancery Court for a determination of the equitable issues raised by the Walkers. The Walkers also filed suit in Federal Court for an injunction restraining the City from proceeding with the State condemnation action and filed an action in Washington County Chancery Court seeking to set aside the City's deed to Walker Park. The City Attorney reported that an injunction has not been entered in the Federal Court case, but that the City cannot obtain an immediate Order of Possession because the Circuit Court condemnation case has been transferred to Chancery Court. He expressed the opinion that there is no merit to the equitable issues which the Walkers have raised and advised that his office has filed several motions in an attempt to resolve those issues without the necessity of a trial in Federal Court or Chancery Court. 428.4 Mr. McCord advised the Board that he had discussed with the attorney for the Walkers the possibility of settling all pending litigations. He reported that the Walkers have indicated that they would accept a settlement offer of $45,000.for the seven acres the City seeks to acquire and would dism'ss their pending lawsuits. He indicated that in determining whether the Board should submit a $45,000 settlement offer to the Walkers the Board should consider the following factors: 428.5 1) That one appraisal of the fair market value of the Walker property which the City received from an independent appraiser is $28,500 and that this appraisal does not include land within platted but unopened streets included within the property condemned that the City could vacate these unopened streets; that the approximate acreage of said unopened streets is 1.25 acres, which acreage would have a value of $5,000 - $6,000 if assigned the appraised value of the adjoining property; this would make the appraised value of all land to be acquired by the City approximately $35,000. 428.6 2) That if the City undertook the paving of Block and Thirteenth without an Order of Possession for the property sought to be condemned, the City would be required to spend an additional $9,000 to $10,000 for drainage improvements; and 428.7 3) If the condemnation case in Circuit Court is tried by a jury on the issue of just compensation, the Walkers would be able to enter into evidence an option in the amount of $72,000 executed by a potential purchaser of the property in question; and a jury might grant a verdict substantially in excess of the City's appraisal. 428.8 Director Lancaster, seconded by Henry, moved to settle with Walker and offer him $45,000 for the seven acres. 428.9 Administrative Assistant McWethy said the difference in price between the fair market value and the negotiated price would not be eligible funds under the HCRS grant, but that he would attempt to have the negotiated price declared eligible. 428.10 McWethy also said that he received word from the Department of Local Services today that with Thirteenth Street laid out as presented tonight --37 ft. wide with parking on both sides --it will be considered an eligible item for a grant of $75,000. 428.11 The Mayor called for a vote on the motion and upon roll call the vote was unanimous. 8-5-80 DOWNTOWN PARKING GARAGE 429 City Attorney McCord distributed a letter he had written to the City Manager 429.1 with regard to the downtown parking garage. In his letter he said that Mr. Don Grimes of Powell & Satterfield felt that a marketable bond package could be developed; however before Powell & Satterfield would expend the required time and effort to fully develop the bond package, the company would need assurance from the City that Powell & Satterfield would be employed as underwriters to market the bonds; Powell & Satterfield intends to submit a preliminary feasibility report to the City Board in the near future. The Board can then determine whether to authorize Powell & Satterfield to proceed with developing a bond package to finance construction of a parking garage. Mr. Grimes has indicated that Powell & Satterfield would charge a 3 percent under- writer's discount to market bonds issued to finance construction of a parking garage. McCord said they would like to present a preliminary feasibility study within 429.2 CD the next month outlining what they believe can be done in order to finance construction of a parking garage. He said he wanted to know if the Board wanted Powell & Satterfield 0 to proceed with the preliminary feasibility study with the understanding that there CO would be no commitment and no expense to the City. In answer to Todd, McCord clarified that the Board can take this first step of 429.3 Q authorizing the preliminary feasibility study without locking ourselves into any future commitment. After a short discussion, the Board agreed to go ahead with the preliminary study. CHANGE ORDER/LEVERETT ST. The City Manager asked the Board to authorize a resolution for the execution of 429.4 a change order in the City's sidewalk construction contract with Sweetser to provide for site preparation and clean-up on Leverett St. from North to Maple at a total cost of $3,600. Director Henry, seconded by Colwell, moved to authorize the change order. Upon 429.5 roll call the motion passed unanimously. RESOLUTION NO. 83-80 APPEARS ON PAGE a a \OF ORDINANCE AND RESOLUTION BOOK X . FAA LEASE/OLD TERMINAL BLDG. City Manager Grimes asked the Board for authorization to execute a lease with 429.6 the Federal Aviation Administration for space in the FAA Flight Service Station For the operation of their Flight Service Station and Airport Traffic Control Tower Chief's Office. He said the lease would be 15 months one year from October 1, 1980 at $5 per sq. ft. Director Henry, seconded by Osborne, moved to authorize the lease. Upon roll 429.7 call the motion passed unanimously. RESOLUTION NO. 84-80 APPEARS ON PAGE Q 8:30F ORDINANCE AND RESOLUTION BOOK )( . PARKING GATE REWARD The City Manager asked for authorization to offer a $1,000 reward for information 429.8 leading to the arrest and conviction of the individual(s) involved in the vandalism to the parking lot gate. Director Colwell, seconded by Osborne, moved to authorize the reward.. Upon roll call• the motion passed unanimously. THE BEER KEG/58 E. TOWNSHIP City Manager Grimes noted the letter received from Terry C. Bellora, lessee of 429.9 the 58 E. Township property, and the report from Harold Lieberenz, Inspection Super- intendent, concerning the code enforcement activities with regard to The Beer Keg (in agenda). After a short discussion, the Board agreed that the owner and lessee should be in compliance by the end of this year. HMR TAX COLLECTLON CHARGE Mayor Todd distributed a memorandum from the Finance Director with regard to the HMR Tax collection charge. In his memo, Linebaugh recommended a 4 percent of 429.10 8-5-80 4 3tQta1 revenue charge for collection, enforcement, and administration of the tax. The estimated expense for 1980 (4% of current collections) is $9,000. He also recommended that this charge be retroactive back to 1977 to allow the City to recover its cost from the beginning. 430.1 Mayor Todd said that in the past we have used City staff for the collection, enforcement, and administration of the tax and have never been reimbursed for these expenses for the past three years. He said the Advertising and Promotion Commission was advised of this at the last meeting and they asked the City staff at that time to come up with an estimate of the cost and also to look at what other cities have done (included in memo and agenda). He asked if the 4 percent figure is acceptable and if the Board wished to make this retroactive to 1977. He said that with current interest taken into consideration, the Advertising and Promotion Commission has $161,406 to spend which will probably have to last for about three years. 430.2 After a short discussion, the Board suggested making the 4 percent charge retroactive to 1977 and waiting to see what comes out of the next Advertising and Promotion Commission meeting. MINUTES 430.3 The minutes of the July 15, 1980 meeting were approved as submitted. ADJOURNMENT 430.4 There being no further business the meeting adjourned at 12:30 A.M. 1 1 1 PETITION OF REQUEST r."1364 EXHIBIT A City Board Minutes 8-5-80 We the undersigned as residents and property owners on Whitlock St., request R-1 Zoning remain the same concerning the People's Church property. Reasons for request to remain R-1: 1. The street is only 17' wide in spots and unpaved, this is much too narrow to support anymore daily traffic, as children have to walk Whitlock St. to catch their school busses. 2. Water line is only 2 inches and. is not large enough to support anymore residents. 3. As property owners you realize that a triplex will only devalue our property. We the undersigned ask only the same consideration as any other R-1 district in Fayetteville to keep aur neighborhood as is. n .Dl' _ tE JnwIY wI lab -e:•;;4 t? i Z 9,4 �=/ t .x5-33 ark o Fn_cz2,4 P _5O/a Z,V.4,/r;r•s i P 6-b4, t.//'r_�