HomeMy WebLinkAbout1987-05-05 Minutes122
MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS
A regular meeting of the Fayetteville Board of Directors
was held on Tuesday, May 5, 1987.
PRESENT: Mayor Johnson; Directors Lancaster, Martin,
Kelley, Marinoni, Hess and Bumpass; Acting
City Manager Linebaugh, City Attorney McCord,
City Clerk Kennedy, Department Directors Burch
and Coates; members of the press and audience
CALL TO ORDER
Mayor Johnson called the meeting to order with seven
Directors present and asked for a moment of respectful
silence.
REZONING
122.1 The Mayor introduced an ordinance rezoning a tract of land
located south of Longview Street approximately 300 feet
west of North College Avenue, from R-1 "Low Density
Residential" to C-2 "Thoroughfare Commercial". The Mayor
reported the Planning Commission recommended approval, by a
vote of 8-0, and Planning Consultant Larry Wood recommended
approval as well.
122.2 The City Attorney read the ordinance for the first time.
Director Bumpass, seconded by Hess, made a motion to
suspend the rules and place the ordinance on its second
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the second time. Director Bumpass,
seconded by Hess, made a motion to further suspend the
rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the third time.
122.3
The Mayor asked
the ordinance.
upon roll call,
if anyone present wished to speak against
No public opposition was expressed and,
the ordinance passed by a vote of 7-0.
ORDINANCE NO. 3259 APPEARS ON PAGE /63 OF ORDINANCE
AND RESOLUTION BOOK )(XIV
1
REZONING
May 5, 1987
r •
The Mayor introduced an ordinance rezoning property located
at the northeast corner of. Woodland Avenue and Sycamore
Street from R-1 "Low Density Residential" to R-1.5
"Moderate Density Residential". She reported the Planning
Consultant had recommended rezoning. to R-2 "Medium Density
Residential, and the Planning Commission had recommended
approval of R-1.5.
•
The City Attorney read the ordinance for the first time.
Director Bumpass asked if anyone present wished to speak in
opposition to the ordinance. No. public opposition was '°«.
expressed.
Ron Haley, resident of 410 Janet in Springdale, told'the
Board he owned the property and that the Garners wished to
operate a home day care business in the lower level of the
home. He explained he would sell the property to the
Garners if the property is rezoned.
Roger Garner told the Board he had a license from the State
to operate a day care business in his present home but did
not yet have a license for the property in question. He
said his intent was to care for up to 16 children. He
said-, although the property is not now fenced, both the
City and the State will require that he install fencing.
It•was clarified that, under the present zoning, Garner is
:gerMitted to care for up to ten children.
=D ectbr"Marinoni asked if modification would be made to
::the;'. -home, such as additional windows and ventilation, to
"facilitate a State permit. Garner said he was not aware of
any'such :liyafigiaer- to a question from Director Bumpass, Garner said
"he.charged $35 per week for child care services.
Director Bumpass asked Planning Director Carlisle to shed
some light on the Planning Commission discussion on the
rezoning. Carlisle said the Planning Commission determined
that R-2 would be "an excessive use" and she told them that
R-1.5 would permit the use desired by the petitioner.
Carlisle said the Commission then voted, 8-0, to deny R-2,
and subsequently voted, 5-3, to recommend R-1.5. Carlisle
said she did not know why three Commissioners voted against
that motion.
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May 5, 1987
124.1 Director Kelley asked if 16 children is the maximum
capacity under R-1.5 zoning. Carlisle said it was not the
maximum and she thought the maximum was up to the State
Health Department. She added that Garner will have to make
some modifications to the house. She said the Planning
Commission granted Garner a conditional use permit for day
care, contingent upon the rezoning to R-1.5. She said that
permit was good for one year and could be renewed unless
there are major complaints.
124.2 Garner said the reason he wanted permission to care for 16
children was in order to keep USDA reimbursement for
feeding the children. Garner said the USDA would not
reimburse him if he cared for more than 16 children.
124.3 Director Martin asked Garner if he thought the downstairs
of the house was ample space for caring for 16 children.
Garner said he had plenty of space but may possibly remodel
the garage. He said he was required to have 35 square feet
per child and per employee for a total requirement of 630
square feet.
124.4 Director Martin, seconded by Hess, made a motion to suspend
the rules and place the ordinance on its second reading.
Upon roll call, the motion passed, 7-0. The City Attorney
read the ordinance for the second time. Director Martin,
seconded by Hess, made a motion to further suspend the
rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the third time.
124.5 Director Bumpass said he was surprised that no one was
present in opposition to the request. He said it seemed an
awful lot of children to have in that house at that
location. Bumpass said it was a dangerous street.
124.6 Director Hess expressed concern over adequate parking.
Hess said he thought more parking for this use should be
required by the City.
124.7 Director Marinoni expressed reservations about the size of
the lower level being adequate to care for 16 children.
Garner said he planned to expand into the garage and add
windows. He estimated the lower level of the house to be
close to 900 square feet.
124.8 Marinoni pointed out that the decision for the Board was
whether or not R-1.5 zoning was appropriate for that
location, while the question of adequate space was up to
the licensing agency.
Upon roll call, the
Johnson and Bumpass
ORDINANCE NO. 3260
AND RESOLUTION BOOK
STREET IMPROVEMENTS
May 5, 1987
ordinance passed,' 5-2, with Directors
voting in the minority.
APPEARS ON PAGE /6.( OF ORDINANCE
XXiV
The Mayor introduced a request for •a waiver of street
improvement requirements for property located north of
North Skyline Drive.
Planning Director
made the request
two weeks so that
Director Bumpass,
table the request.
STREET VACATION
Carlisle reported that Gregory House
now asks that his request be tabled
he can meet with Public Workststaff.
who
for
seconded by Marinoni, made a motion to
Upon roll call, the motion'passed, 7-0.
•
•
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The Mayor introduced a request for -an ordinance vacating
and abandoning a portion of East Avenue south of Archibald
Yell Boulevard. The Mayor reported the City Engineer and
utility companies have concurred in the vacation if a 35
foot utility easement is retained on the east side.
The City Attorney read the ordinance for the first time.
Director Bumpass, seconded by Hess, made a motion to
suspend the rules and place the ordinance on its second
reading. Upon roll call, the motion passed, 7-0. The City
Attorney read the ordinance for the second time. Director
Bumpass, seconded by Hess, made a motion to further suspend
the rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed, 7-0.. The
ordinance was read for the third time.
The Mayor asked if anyone present wished to speak in
opposition to the ordinance. No public opposition was
expressed.
Attorney Raymond Smith spoke on behalf of the ordinance,
explaining that property to the east of the street was
owned by the William Bassett Trust and property to the west
of the street was owned by David Bassett. He said both
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May 5, 1987
father and son had executed right-of-way easement deeds to
SWEPCO, Arkansas Western Gas, and the City of Fayetteville.
Smith said the area encompassed .07 of an acre, being 55
feet wide, 45 feet long on the west and 67 feet long on the
east. He said no structure was planned to be built, and
that sanitation trucks would continue to go to the south
line of the property as before. Public Works Director
Deryl Burch told the Board a sewer line was located within
the area of the easement.
Director Lancaster asked Smith what would happen to the
existing sidewalk and he responded that it would stay in
place with no obstructions.
Director Martin asked why the request was being made and
Smith explained that the owners on both sides of the street
wished to continue their ownership continuously along this
section.
126.4 Mayor Johnson asked how the foundation came to be built
over the public right-of-way. City Attorney McCord
explained there was litigation a number of years ago which
required that the sidewalk be kept open for pedestrian
passage. He said, under Arkansas law, adverse possession
does not apply to public right-of-way, so the City has not
lost any interest by the fact that the foundation was
built.
126.5
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126.7
Director Martin asked if there was a detriment to leaving
the street open. Smith said closing the street would
benefit the owner to the east.
With Director Lancaster expressing concern about keeping
the sidewalk open, the City Attorney advised the ordinance
could be amended to reserve the easement for utility and
sidewalk purposes.
Director Bumpass made a motion to amend the ordinance to
reserve the use of the sidewalk. The motion was seconded
by Martin and, upon roll call, passed by a vote of 6-1,
Director Marinoni voting in the minority.
Upon roll call, the ordinance, as amended, passed by a vote
127.8 of 5-2, Directors Johnson and Marinoni voting in the
minority.
ORDINANCE NO. 3261 APPEARS ON PAGE /47 OF ORDINANCE
AND RESOLUTION NO. X XIV
1
May 5, 1987
PROPERTY CLEANUP
The Mayor introduced a request for an ordinance ordering
the razing and removal of an unsafe structure located at
236 Huntsville Road.
The City
Director
suspend
reading.
Attorney read the ordinancefor the first time.
Bumpass, seconded by Marinoni, made a motion to
the rules and place the ordinance on its second
Director Hess stated that, because he has' had some past
real estate dealings with Hank Mahler, iri connection with
his business, he would abstain from voting and discussion.
The Mayor asked if anyone present wished to speak in
opposition to the ordinance. Harold Jones addressed the
Board on behalf of property owner Ronnie Teague. Jones
said a contractor attempted to obtain a permit last Friday
and was unable to do so because it would cost more than'50%
of its value to remodel the building. Jones 'said Teague
would like to rezone the property to commercial but
Planning Consultant Larry Wood advised him that there was
no wayit could ever be rezoned commercial because of new
zoning laws. Jones asked the Board to give him a little
time toobtain a permit to remodel the building.
Mayor Johnson read the list of Code violations to Jones:
electrical wiring needs to be brought up to Code; plumbing
is in need of repair; no windows; the doors are broken; the
roof has holes and is leaking.
Jones said he would prefer to tear down the structure and
build a new one but has been told the building is
nonconforming.
Public Safety Director Coates reported the City's Building
Superintendent Freeman Wood had examined the building.
Director Martin asked Wood if it would be possible to
rehabilitate the structure to single family residential
standards. Wood said it would be expensive but could be
done. Wood said the roof had holes, part or all of the
rafters were rotted, the floor.is cracked and will leak,
and the plumbing and wiring are gone. Wood said, to meet
the Code, the roof, walls and floor must be insulated, and
windows in the bedroomsmust meet egress requirements.
Wood said if a building is deteriorated or damaged to more
than 50% of its rebuildable value, it must be removed.
Wood said the building had been condemned several times in
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128.1 the last several years. Wood told the
prepared an appraisal of the structure.
128.2 Director Martin asked if a permit could
said a variance on the setback requirement
granted before a permit for reconstruction
Wood said the structure is now 6-8 feet
and the setback requirement is 25 feet.
May 5, 1987
Board he had
be issued. Wood
would have to be
could be issued.
from the highway
128.3 The City Attorney said if the Board wanted to give the
property owner the opportunity to rehabilitate the existing
structure, the appropriate action would be to table the
ordinance to let the property owner apply to the Board of
Adjustment for a variance from setback requirements, in
view of Wood's appraisal that the structure has been
damaged in excess of 50% of replacement cost.
128.4 Director Bumpass said he thought the building was too far
gone and, if it were razed, an attempt could be made to
have the whole lot rezoned. Jones said Wood told him if he
tore the building down he couldn't do anything else with
the lot; he said if he could get a variance he would build
another structure. The City Attorney pointed out to Jones
that he would need a variance either way, so he might as
well agree to tear the building down.
128.5 Director Marinoni, seconded by Bumpass, made a motion to
table the ordinance for a time limit of one month at which
time the Board will look at it again and, if something
constructive is going on, might consider granting an
extension. Upon roll call, the motion passed, 5-0-2, with
Kelley and Hess abstaining.
PUBLIC WORKS COMMITTEE
128.6 Director Hess reported on the Board Public Works Committee
meeting of April 29, 1987.
SQUARE GARDEN BIRD BATH
128.7 Director Hess reported the committee unanimously agreed to
accept the recommendation of the Parks Board that the City
Board accept a bird bath and plaque, with approval of
wording and placement of the plaque at the discretion of
the Parks Department, to be dedicated to the first curator
of the Square Garden, Don McEnany.
1
May 5, 1987
It was so moved by Hess, seconded by Bumpass and, upon roll
call, passed by a vote of 7-0.
Director
deny a
funding.
that the
COUNCIL ON AGING FUNDING
Hess reported the committee voted unanimously to
request from the Council on Aging for additional
Hess said it was determined this was not something
Board of Directors should fund.
Bill Waite, member of the Parks and Recreation Advisory
Board, explained that Anita Whillock, Director of the Adult
Center, came to the Parks Board with the request. Waite
explained the Parks Department budget presently funds the
Adult Center, which lost $6,444 it expected to receive from
the County Quorum Court this year, because the Quorum Court
cut back on funding substantially. Waite said the Council
was able to replace $4200 but still needs $2,242. Waite
said the Parks Board recommends the City Board replace
those funds.
Director Hess clarified that the request had been denied
because there is a policy in cases such as this for there
to be an offset from the budget. Hess said •thescommittee
was told there was no offsetting area in the Parks budget
and on that basis the committee denied the request.
•
Anita Whillock explained the Quorum Court' awarded $2,000
for five adult centers in Washington County. She said,
because of larger participation, the Council on Aging would
receive half of this, or $1,000. She said $2200 wouldbe
received from United Fund, and another $1,000 is pledged to
be raised. Whillock said the Council received $20,000 from
the City of Fayetteville for the past two years.
In answer to a question from Mayor Johnson, Linebaugh said
the staff asked the Parks Board to find some offsetting
funds in their budget and they were not willing to make an
adjustment. Waite claimed that the funds in the Parks
budget which are used for the Council merely "pass through"
the Parks budget and are set by the City Board. Waite said
the Parks Board has no control over these funds.
Director Martin moved that the request be referred to the
Finance Committee for scrutiny for an appropriate budget
adjustment and recommendation. Martin said he totally
concurred with the Public Works Committee but it is clear
that there must either be an adjustment or a denial of the
request. The motion was seconded by Director Marinoni and
passed, 7-0.
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1 0
BOAT DOCK OPERATOR CONTRACTS
May 5, 1987
130.1 Director Hess reported that in the past boat dock operators
have been paid a lump sum for operating from dawn to dusk.
Hess said because of a change in the labor laws the
operators must be paid for overtime hours, so in order to
offset the additional funds the City would be required to
pay for overtime, a franchise tax •will be charged to the
operators which will reimburse the City for the extra
overtime hours.
130.2
130.3
130.4
The City Attorney explained rather than a franchise tax the
operators will actually be charged rent.
Hess moved to approve the boat dock operators contracts.
The motion was seconded by Lancaster.
The City Attorney explained municipalities must pay
overtime pay to comply with the Fair Labor Standards Act.
He said in the past the operators, who do business out of
City facilities, have not been charged rent. Scott
Linebaugh explained the Fair Labor Standards Act considers
the operators to be City employees, not independent
contractors.
130.5 Hess said over the course of the next year data will be
accumulated so that a study can be made to make sure the
City is not subsidizing the operators.
130.6 Linebaugh said the contract was for a two-year period and
contains a thirty -day cancellation clause.
130.7 Upon roll call, the motion passed, 7-0.
MILLS PROPERTY ON SPRING STREET
130.8 Director Hess reported the Public Works Director has
requested the Board table the request that the City
purchase property on Spring Street.
130.9 Hess moved to table. The motion was seconded by Bumpass
and, upon roll call, passed by a vote of 7-0.
HENSON DAMAGE APPRAISAL
130.10 Director Hess reported the committee reviewed an appraisal
for damage in connection with the Henson right-of-way
grant. Hess explained three appraisers agreed upon an
amount of damages to be paid but that (1) instead of taking
dirt to the site to restore it to its condition prior to
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May 5, 1987
excavation, the City recommended that $4,000 be added to
the damage total of $13,500, for a total $17,500
settlement; and (2) the City Attorney is of the opinion
that the City cannot install two water taps free of charge,
as was originally agreed.
Deryl Burch explained there must be a charge for a water
tap for an individual, for one house, which in this case
would amount to $330. Burch recommended that amount be
added to the $17,500, for a final total of $17,830.
It was so moved by Hess and seconded by Lancaster. Upon
roll call, the motion passed by a vote of 6-0-1, with
Bumpass abstaining, commenting that he was not quite up to
snuff on all the figures.
41.
LAP -TOP COMPUTER PURCHASE
Director Hess reported that a man working for the City of
Forth Smith has developed a software program for a computer
mapping system and has offered Fayetteville his services if
we will provide him with the use of a lap -top computer
which would revert back to the City when he has completed
his work.
Deryl Burch explained this individual wrote the software
program used by the State Highway Department for its road
inventory system. Burch said Ed Rinke would rewrite
programs for Fayetteville's use, and would use the lap=top
computer in Fort Smith. He said the only cost to the City,
would be telephone calls and transporting the computer.
Burch said this would save the City $100-$150,000 and would
be a line item expense of $2380 under the computer mapping
program
Marinoni moved to approve the request. The motion was
seconded by Lancaster.
is
•
In answer to a question from the Mayor, Burch said it would
probably take seven or eight years to accumulate all
infrastructure data. He said, when the mainframe computer
and mapping system are on line, street mapping should be
completed by 1988.
•
Burch explained the total amount would cover the purchase
of the micro -computer, modem, carrying case, power adapter,
external battery charger, transfer utility, communication
software and internal modem. He told the Board Rinke will
not charge the City for his services or for writing the
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May 5, 1987
132.1 software program. Burch said the program will be in the
public domain.
132.2 Director Martin asked
continue the program
Rinke were terminated.
obstacle that could not
if the City would be unable to
in the event its relationship with
Burch said that would not be an
be overcome.
132.3 Director Kelley pointed out about $50,000 had been budgeted
this year for the mapping project. Burch said that total
amount would be used for other items such as the mainframe
computer, the plotter, and digitizer. He said the $50,000
would still be needed.
132.4 Upon roll call, the motion passed, 7-0.
SEWER OVERSIZING/WALNUT GROVE ADDITION
132.5 Director Hess reported that two years ago the Board
approved a sewer oversizing project in the Walnut Grove
Addition, and approved payment for the oversizing based on
the difference in construction costs between a 10" and 12"
line. Hess said oversizing costs would have amounted to
$4,065 but because of a lot of rock excavation, an
additional $87,750 was spent, making the total costs closer
to $60 per linear foot. Hess reported the base bid price
of the 10 inch pipe had been $10.35. Hess said engineer
Ervan Wimberly requested the City consider paying from 10%
- 25% of the cost, which would be between $14,000 and
$36,000. Hess explained the Board originally approved
$10,000 and the committee recommends the City pay up to
that amount, even though the City Engineer only recommended
$4,065 be approved originally.
132.6 Hess so moved, seconded by Lancaster.
132.7 Director Marinoni said he would abstain from voting in view
of the fact that he works for Bryce Davis, the developer of
Walnut Grove Addition.
132.8 In answer to a question from Director Bumpass, Deryl Burch
said he agreed with the oversizing which was approved two
years ago. Mayor Johnson asked why the staff waited until
now to bring this request before the Board. Burch said he
did not know, and that City Engineer Don Bunn brought
Wimberly's request to his attention, asking that it be
placed on the agenda.
132.9 Upon roll call, the motion passed, 4-2-1, Directors Johnson
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May 5, 1987
lod
and Bumpass voting against the motion and Director Marinoni 133.1
abstaining.
SEWER SERVICE FOR KERR TOWNSEND
Director Hess reported the committee heard a request from
Kerr Townsend for City sewer service. Hess explained
Townsend's house is located 100' from a sewer line and less
than 10' from the City limits, although part of his
property is inside the City limits.
Hess reported the committee felt it would be more
appropriate for Townsend to request annexation into the
City. Hess said the request for sewer service was denied
by the committee.
Hess moved to deny the request. Lancaster seconded the
motion and, upon roll call, the motion passed by a vote of
7-0.
133.2
133.3
133.4
Director Bumpass asked that someone write Townsend a letter 133.5
explaining the committee's recommendation.
SUBDIVISION WAIVER REQUEST/ARCHER PROPERTY
Director Hess reported there was a request to table the 133.6
request for waivers from the Subdivision Ordinance for Dr.
Julian Archer's property.
Hess moved to table. The motion was seconded by Marinoni
and, upon roll call, passed by a vote of 7-0.
MANHOLE COVERS/SPELLING ERROR
133.7
Deryl Burch explained 197 manhole lids for the new sewer 133.8
project were delivered to the City withPan "e" left out.ofi
Fayetteville. He reported the General Manager of the
corporation which made the rings and lids has offered the
City two options - (1) they will replace all lids at no
extra cost to the City; or (2) the City'keep the lids and
use them as is, with a deduction of $8,000 from the bill.
Burch said he thought the cost of the lids was $16-17,000.
Director Martin, seconded by Johnson,'made a motion to send 133.9
the lids back.
4
Burch explained the lids will be used temporarily so'as°not
to hold up the project. He said the. manufacturer will
either come herei.tottinst•all.new lid'szoi)the`contractor,
-3 Doivz .JL . 2C ali 3aie.1;
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May 5, 1987
134.1 Garney Company, will do the work; or the City will do the
work at the manufacturer's expense.
134.2 Upon roll call, the motion passed, 7-0.
PERSONNEL COMMITTEE
FIRE DIVISION PERSONNEL
134.3 Director Kelley reported the Personnel Committee met on
April 29 with committee member Martin unable to attend.
Kelley reported the committee reviewed the employment of a
new firefighter in the Inspection Division. Kelley said
after recommendation from the Civil Service Commission and
discussion, the committee decided, and Kelley so moved: to
freeze hiring at the present level of 53 in the Fire
Department which is full staff; denying the request to
overstaff until a new City Manager is hired and has time to
assess this need; if the position is filled it will be
filled with reassignment of present staff. The motion was
seconded by Hess. Upon roll call, the motion passed, 7-0.
RECLASSIFICATION PROCEDURE
134.4 Kelley reported the reclassification procedure presently
being used by the Personnel Department was recommended for
approval by the committee.
134.5 Kelley so moved, seconded by Hess. Upon roll call, the
motion passed, 7-0.
JOB DESCRIPTIONS
134.6 Kelley reported the committee reviewed 22 job descriptions
with various additions or deletions. Kelley said it was
the recommendation of the committee and he so moved
approval of the job descriptions as amended. Kelley read
the list of positions:
134.7 Maintenance Worker 1
Maintenance Worker 2
Centralized Dispatcher
Maintenance Worker 3
Admin. Secretary
City Codes Inspector
Municipal Court Clerk
Computer Programmer/
Analyst
Meter Maint. Worker
Police Chief
Prosecuting Attorney
Inspection Super.
Animal Control Off.
1
ve
Deputy Court Clerk
Meter Maintenance Super.
Animal Shelter Operator
City Attorney
Scott Linebaugh reported
May 5, 1987
Bus. Office Mgr.
Water Service Rep.
Meter Reader
Personnel Officer
the job description for an
Engineering Tech 2 was delayed until another meeting.
Director Kelley moved approval, seconded by Bess. Upon
roll call, the motion passed by a vote of 7-0.
Director Lancaster asked if employees in these positions
were aware of and agreed with the changes made in their job
descriptions. Kelley said he understood employees had
input into the changes before they were approved by the
Acting City Manager.
Scott Linebaugh added that the staff recommends a two year
time period on the test for a Building Inspector 1.
Upon roll call, the motion passed, 7-0.
FINANCE COMMITTEE
Director Kelley reported on the Board Finance Committee
meeting of April 29, noting that Chairman Martin was out of
town that day.
Kelley said only one item was considered, and the committee
recommends a change in the budget adjustment procedure.
Kelley read the recommended procedurel[change shown in bold
face type]:
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If there is a good reason a division head cannot stay
within the line item, then budget adjustment forms
are to be filled out, then returned_ to the
appropriate department director for approval. 4The
Administrative Services Director will then approve
the adjustment if it meets the qualification of the
budget adjustment policy. If the budget adjustment
requires Board approval it will then be placed on the
next schedule Finance Committee meeting for their
approval. If the adjustment is an emergency and
needs to be approved before the next Finance
Committee meeting, it can be included in the next
Board meeting after authorization by the Finance
Committee Chairman.
Kelley made a motion to approve the procedure. Director
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May 5, 1987
Hess seconded the motion. Upon roll call, the motion
passed, 7-0.
WEDINGTON SEWER DISTRICT BIDS
136.2 The Mayor introduced a report from the Wedington Sewer
Improvement District on the results of their May 4th bid
opening.
136.3 Attorney Rick Osborne spoke on behalf of the district.
Osborne said engineer Ervan Wimberly supervised the bid
opening, and reported the low bid came in at just about the
estimated amount of $1,100,000. He reported the alternate
bid was $1,020,000; that the base bid would include some
options which will be decided upon at a later date.
Osborne said in the next week there will be further review
of the bids and assignment of a contract, with a Notice to
Proceed to be issued before the end of the month.
136.4 Director Bumpass asked how City funds and district funds
would be spent towards construction costs. Osborne said
the district hopes to draw on City funds first for
construction costs in order to save the district 9%
interest on money it will have to borrow. Osborne said the
project is to be completed in 300 calendar days from the
date of the Notice to Proceed. Director Bumpass said, if
the staff had no problem with that, he saw no problem with
letting City money be paid first if it's a matter of saving
some interest money.
136.5 In answer to a question from the City Attorney, Osborne
said assessments have not yet been levied. Osborne said
the district would not sign a contract without checking
with bond counsel. Osborne said the contractor put up a
bid bond and a performance bond indemnifying the district.
BID AWARDS
136.6 The Mayor introduced the award of bid for a hydraulic
concrete breaker, with the recommendation to the second
lowest bidder, ACES Equipment of Springdale, bidding
$13,404.10. Johnson said the lowest bidder did not meet
specs.
136.7
The Mayor reported the staff recommends the bid for annual
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May 5, 1987
concrete maintenance to the low bidder, Jerry D. Sweetser,
bidding $27,204.20.
The Mayor reported the recommendation to award a bid for a
half -ton pickup to the low bidder, Jones Olds -GMC, bidding
$10,132. Johnson noted the budget originally contained
funds for a mid-size sedan but staff recommends the pickup
to provide more room for the Fire Division Training Officer
to haul equipment.
Director Martin moved to
The motion was seconded by
passed.by a vote of 7-0.
award the bids as recommended.
Bumpass and, upon roll call,
Director Bumpass inquired as to why the low bidder did not
meet bid specifications on the hydraulic concrete breaker.
Deryl Burch explained the low bidder bid equipment with
pumping capacity that would have reduced the power and
speed of the machine; bid equipment with a lower p.s.i.;
and bid equipment that was not heavy enough for breaking
force.
BID WAIVER
The Mayor introduced a request for an ordinance waiving the
requirements of competitive bidding and authorization to
purchase personal computers from IBM Corporation.
The City Attorney read the ordinance for the first time.
Director Bumpass, seconded by Hess, made a motion to
suspend _the rules and place the ordinance on its second
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the second time. Director Bumpass,
seconded by Marinoni, made a motion to further suspend the
rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the third time.
Upon. roll call, the ordinance passed, 770.{
ORDINANCE NO. 3262 APPEARS ON PAGE. /‘7
AND RESOLUTION BOOK xX/✓
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137.1
137.2
137.3
137.4
137.5
137.6
137.7
138
138.1
OTHER BUSINESS
CITIZEN COMMENT
May 5, 1987
Linda Lilly, resident of Fox Hunter Road, asked to address
the Board. Lilly expressed concern about the recent
consideration of four alternate sites for the solid waste
incinerator project. Lilly said she and others in her area
are opposed to the location in their area, feeling that if
there is an environmental problem that would endanger the
Happy Hollow residents, they don't want it to endanger them
either. Lilly said they would oppose this with any means
they have at their disposal, and she asked the Board to
consider whether they want to locate the incinerator where
it will affect the quality of life in all of Fayetteville
and the surrounding area.
CITY V. BLACKSHEAR
138.2 The City Attorney introduced a recommendation that a
settlement offer be accepted by the Board in City of
Fayetteville v. Lehman D. Blackshear. He explained the
City took action to enjoin the defendants from conveying
any of their property without complying with the City's
subdivision regulations, and the defendants submitted a
settlement proposal which he thought was consistent with
settlement offers approved by the Board in similar types of
litigation.
138.3 McCord said under the settlement proposal, a consent decree
would be entered authorizing four 10 -acre lot splits but
enjoining any further conveyances without full compliance
with the City's subdivision regulations.
138.4 Director Martin made a motion to approve the City
Attorney's recommendation. The motion was seconded by
Lancaster and, upon roll call, passed by a vote of 7-0.
LEGAL DESCRIPTION ERROR
138.5 The City Attorney reported the City's Drafting Department
has discovered two rezoning ordinances recently passed by
the Board contain errors in the legal description.
138.6 The City Attorney introduced an amendatory ordinance for
2.4 acres located north of Danita and west of Lewis Woods
Lane which was rezoned on March 17. He read the ordinance
for the first time. Director Bumpass, seconded by Hess,
made a motion to suspend the rules and place the ordinance
on its second reading. Upon roll call, the motion passed,
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May 5, 1987
7-0. The ordinance was read for the second time. Director
Bumpass, seconded by Martin, made a motion to further
suspend the rules and place the ordinance on its third and
final reading. Upon roll call, the motion passed, 7-0.
The ordinance was read for the third time. Upon roll call,
the ordinance passed, 7-0.
Director Hess expressed appreciation to the Drafting
Department for their diligence in catching the errors.
ORDINANCE NO. 3263 APPEARS ON PAGE /% O OF ORDINANCE
AND RESOLUTION BOOK ON
The City Attorney introduced an amendatory ordinance for
18.7 acres located east of U.S. Highway 71 and Smith
Street, also rezoned on March 17.
The City Attorney read the ordinance for the first time.
Director Bumpass, seconded by Hess, made a motion to
suspend the rules and place the ordinance on its second
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the second time. Director Bumpass,
seconded by Johnson, made a motion to further suspend the
rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed, 7-0. The
ordinance was read for the third time. Upon roll call, the
ordinance passed, 7-0.
ORDINANCE NO. 3264 APPEARS ON PAGE /%/ OF ORDINANCE
AND RESOLUTION BOOK JCX!✓
VALVE REPAIRED
Public Works Director Deryl Burch reported the operating
mechanism in the valve which failed last• Fall was
successfully repaired and replaced this morning.
PUBLIC SAFETY COMMITTEE
Acting City Manager Linebaugh requested a Public Safety
Committee meeting for Wednesday, May 13 to discuss the
Humane Society.
PARKS QUESTIONNAIRE
Linebaugh told the Board he had distributed a memorandum
concerning a Parks questionnaire. He ,asked the Board to
review it and notify him before Friday whether they approve
of the project. He said if the Board disapproves of the
project it would be dead as of Friday.
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139.1
139.2
139.3
139.4
139.5
139.6
139.7
140
May 5, 1987
140.1 Director Bumpass said the questionnaire was prepared by the
staff. He said it was brought before the School Board
which likes the idea of circulating a survey in the schools
to be sent home to parents, to be returned to the schools
and brought back to City Hall to be analyzed by the staff.
Bumpass said the survey questions address the issue of
meeting the recreational needs of the north part of
Fayetteville. Bumpass asked the Board to review the survey
and call the Acting City Manager if they have questions or
additions, so they can be sent out tb the schools.
140.2 Mayor Johnson said she did not believe Director Bumpass had
followed the proper procedure, in that he had gone directly
to the staff with the request to prepare a survey, and in
that he had gone directly to the School Board regarding
distribution of the questionnaire which the other six board
members knew nothing about. Bumpass said the Board asked
former City Manager Grimes to contact Superintendent
Winston Simpson back in January about the survey.
140.3 Director Martin commented that the idea of input of this
nature is good, but said he would like to see it expanded
to a more comprehensive, sophisticated cost-effective
opinion -polling in the community to determine the needs for
all sorts of facilities and the attitude about various
projects that are underway. Martin said the survey should
be handled by professional opinion-pollers rather than
staff.
140.4 Director Kelley said he feared the survey might raise some
expectations for a facility in north Fayetteville that the
City may not be able to meet over a short-term planning
process. Kelley agreed marketing research should be done
to get the input. Kelley suggested the target market
should be broadened beyond parents of school-age children
to include others such as senior citizens and college
students. Kelley suggested professional researchers should
write the questionnaire and interpret the results.
140.5 Bumpass said he has been trying to get such feedback from
the community for the past two or three years. Johnson said
the Parks Board put this issue "on the back burner" because
they did not have the same response from the other six
Directors.
140.6 Johnson said she thought the process should start as part
of the Parks Department's five year goals. Johnson said
she thought it might alienate 3/4 of the city by asking if
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May 5, 1987
141
a public recreation facility should be located in northeast 141.1
Fayetteville.
Bumpass pointed out that Wilson Park, ,Walker Park, Finger 141.2
Park and the Youth Center are located south of North
Street.
Johnson said the Parks Board is charged with the 141.3
responsibility of advising the City Board on parks needs
throughout the City. Bumpass said the Parks Board has
refused to consider this for the last four years. He said
the refusal to attempt to get input from the public is
exactly what happened with the incinerator project.
Bumpass expressed concern about a request for an additional
$150,000 for the youth center, with no consideration being
given to another similar facility.
MEETINGS SCHEDULED
Linebaugh requested a Board committee of the whole meeting
be scheduled as soon as possible to work on goal setting.
It was decided to meet on Friday, May 8 at 9:00 a.m.
Mayor,Johnson requested a committee of the whole meeting to
discuss the findings of the Citizens Cable TV Task Force.
It was decided to hold this meeting on Wednesday, May 13 at
8:30-a.m.
141.4
141.5
Itwas decided to schedule the Board Public Safety 141.6
Committee meeting for 9:00 a.m. on May 13, to be followed
by a Board Public Works Committee meeting to discuss the
youth center request.
MINUTES
The minutes of the April 21 and April 24 Board meeting were 141.7
approved as distributed.
ADJOURNMENT
The meeting was adjourned at about 10:05 p.m. 141.8
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