Loading...
HomeMy WebLinkAbout1987-06-02 Minutes• 1 C 159 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville Board of Directors was held on Tuesday, June 2, 1987 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. 9 PRESENT: Mayor Johnson; Directors Martin, Kelley, Marinoni, Hess, Bumpass and Lancaster; Acting City Manager Scott Linebaugh, City Attorney McCord, City Clerk McWethy, Department Directors Burch and' Coates; members of the press and audience • CALL TO ORDER The meeting was called to order by the Mayor, with seven 159.1 Directors present. The Mayor asked for a moment of respectful silence. PUBLIC HEARING The Mayor introduced consideration of the.suff-iciencyof a 159.2 petition requesting formation of the Dickson Street Central Business Improvement District, located between College and Arkansas Avenues, and between Center and Lafayette Streets. She explained the Board must determine whether those signing the petition constitute two-thirds of the assessed valuation of the real property in the district. She said Greer Abstract Company had prepared a certificate which indicates the total assessed value of the real property in the district is $25:,558,233, and that the signers of the petition represent a total assessed value of $15,992,267 (more than 2/3 of the assessed valuation of the real property in the district). The Mayor opened a public hearing and asked if anyone wished to 159.3 speak in opposition to the assessed valuation being declared sufficient. Waylon Wilkerson addressed the Board, stating he was President 159.4 of a school of design presently being formed, which has property in the area of the district. He said he had owned property in the area for about ten years. Wilkerson said he felt the initiators of the district, "Pride in Dickson Street", did not publicize enough and talk to enough people in the area in their 1L0 June 2, 1987 160.1 planning of the boundaries of the district. He said the majority of the property owners do not live in the area, and he thought the people who would be hurt would be the residents, not the property owners. He said he found it a little strange that some residents did not receive a certified letter telling them about this meeting. He said he received a letter which was sent to the wrong address. He said he was opposed to "rule by minority". Wilkerson said the people who pay most of the "hamburger" [hotel, motel, restaurant] tax are the elderly and working persons, who are expected to pay for the new arts center. Wilkerson said the University and Sam Walton's $6 million was "a juicy plum" for the town to join up with on something over which the town will have no control. He said he was not opposed to an arts center but thought the location, at the bottom of Dickson Street, was the worst place in the world. He said it followed the Fayetteville "fault line", the area was questionable because of the railroad, and many will not allow their children to go to the area after dark because it is dangerous. In reference to the petition, Wilkerson said he was sure legality was served but felt the majority interest of the people was not served. Wilkerson said he thought there was only enough money to build about an 800 -seat auditorium. He questioned the necessity for 500 parking spaces. He said he refused to sign the petition because the letter he received stated "we are going to dictate to the people in this area what they do with their property". 160.2 Sylvia Stewart, owner of 229 N. Block, said it seemed as if she was being asked to pay for the improvement of Dickson Street. She said her business did not depend on Dickson Street and she did not see why she should share in paying for the improvements, as she had a hard enough time keeping up her own property. 160.3 In answer to a question from Director Martin, the City Attorney said that, under Arkansas law, assessments are levied according to how much the improvement constructed by the district increases the fair market value of the property being assessed. He said assessments should be minimal for property farther away from Dickson Street. He added that, after assessments are levied, any property owner who believes the assessment is excessive has the right to appeal to the City Board (and to Chancery Court if necessary) to have the assessment modified. 160.4 B. I. Fouke, speaking for SWEPCO, said the company had no reservation, objection, or question about the formation of the district. He said at the time the company signed the petition on behalf of SWEPCO's service center, the district boundaries did not go east of North College Avenue and did not include the SWEPCO building at Dickson and College. He told the Board that 1 1 r r 161 June 2, 1987 the company was disappointed that now the boundary line has been 161.1 moved to include that building. Mary Frost, owner of a home on Rollston Street in the district, 161.2 asked what would be done for the homeowners in return for the assessment. The Mayor explained the City Board was responsible only for verifying the petition, that the formers of the district will set up the guidelines. Mrs. Frost asked if any property owners such as herself would serve on the Board of Commissioners. Rick Mayes, one of the initiators of the district, said none would serve on the initial Board. Frost said her property was unsalable because the neighborhood was a slum. Mayes said a parking lot was proposed to be built near her property and there was a good chance this could cause economic growth in that area. Mrs. Frost concluded her remarks by commenting "please include my home in your parking lot so I can move to a neighborhood". • George Sabo, home owner in the district, questioned what 161.3 benefits home owners would derive from the improvements. He said he was in favor of the improvements and was even willing to pay for them but wondered what representation the home owners would have in planning. He said he lived behind Shipley Bakery and assured the Board that no amount of_.physical improvements could compensate for the noise or the stench the residents must endure several times a day while 18 -wheel trucks roar up and down the residential streets. He said this was a liability to the area and he did not see how industrial development in the area could be compatible with a performing arts center or other efforts to beautify and improve the area. Joyce Cunningham spoke on behalf of the Farmers Mutual Fire and 161.4 Tornado Insurance Company at 209 N. Block Street. She stated the company requests to be taken out of the district as they do not now and will not in the future derive any income from Dickson Street, as they are a farm organization. Cyrus Young, resident on Locust Street, in the district, asked 161.5 why he was not told in the beginning that he would be included in the district. Rick Mayes said the district abuts but does not overlap the downtown improvement district. He said they tried to make the district as large as possible in order to spread out the assessments and that, in addition, they did not know what would happen in the area five years from now. As far as notification, Mayes said more notification was done than was required by law. He said he tried to write to all the property owners but could not find all their addresses. He said certified letters were sent. Young said he did not receive a letter, and knows some of his other neighbors were never notified. Young asked how much money would be needed for the 1 • 162 June 2, 1987 162.1 district. Mayes said the cost was not known, although some preliminary research has been done. Young said he felt this meant there was no limit on the amount of money that could be spent. Director Hess reminded Young that, since he was not a resident of Dickson Street, his assessment would be small. 162.2 The Mayor told Young that, once it has been determined that the petition is sufficient, the City Board has no alternative but to approve the formation of the district. Director Marinoni suggested those with objections to the district itself should attend district meetings. Young said residents were not informed of those meetings. 162.3 The City Attorney explained that the Board had limited authority and merely determines if the petition is sufficient, after which the law requires the Board to adopt an ordinance establishing the district if the petition is determined to be sufficient. He said that, after that point, the Commissioners of the district retain engineers to prepare plans and cost estimates which are filed with City Clerk, after which by statute the Board is required to appoint three individuals who are not property owners in the district to levy assessments against parcels based upon the benefits to be derived. McCord said after assessments are filed with the City Clerk, a notice is published, and any property owner who believes his assessment is excessive can appeal to the City Board for a modification. McCord said the Board did not have the discretion to modify the boundaries of an improvement district which are set by the organizers. 162.4 Director Bumpass said when the downtown district was formed, home owners on the periphery were assessed a minimal amount, some less than $10 per year, and some may not have been assessed at all. He explained as some of the homes turned into commercial uses which benefit from parking lots, their assessments changed. 162.5 Bumpass pointed out that, in addition to legal notices which were published, the Northwest Arkansas Times ran a full page map. 162.6 Young asked if it was standard procedure to not inform the citizens. The City Attorney pointed out this was not a City of Fayetteville project, but that the organizers of the district set their own policy. He explained there was no legal requirement to notify the property owners personally, but it is required that a certified letter be sent to each property owner. 162.7 Robin Pearce said her father, LeRoy Pearce, owned property on Dickson Street. She said she thought the persons proposed as the Board of Commissioners of the district were probably "the 1 1 r 163 June 2, 1987 most well-known and sophisticated wonderful people who are on 163.1 Dickson Street". She said she couldn't believe that anyone would be concerned that these people would have anything but the well-being of Dickson Street in mind. Roselyn Cicerone told the Board she was a Fayetteville resident 163.2 although not a member of the district. She pointed out that in other places she has seen the heart of a city eaten out by the death of neighborhoods such as Fayetteville. She said it seemed to her the city was "bullied" into picking an inappropriate site for the arts center, and that residents of Dickson Street seem to perceive that the University and others who will make money are running this proposal. She said she never saw any benefit come out of pricing a neighborhood out of the reach of families. The Mayor closed the public hearing. The City Attorney 163.3 remarked that, in view of the abstractor's certificate finding the requisite number of signatures on the petition, it would be appropriate to read the ordinance. The City Attorney read the ordinance for the first time. 163.4 Director Hess, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0-1, with:;.,,Director Bumpass abstaining. The City Attorney read the ordinance for the second time. Director Hess, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, 'the motion passed, 6-0-1, with Director Bumpass abstaining. The ordinance was read for the third time. The Mayor noted that the petitioners requested Curtis Shipley, 163.5 Bill Underwood, Tom Pearson, Jr., Carl Collier and David McClinton be appointed as the Board of Commissioners of the district. Director Martin asked that it be pointed out that the signers of 163.6 the petition represent 68% of the total assessed value of real property in the district, more than 2/3, meaning the City Board is obliged to pass an ordinance. Upon roll call, the ordinance passed, 6-0-1, Director Bumpass 163.7 abstaining. ORDINANCE NO. 3271 APPEARS ON PAGE RESOLUTION BOOK )(XIV /71 OF ORDINANCE & IuI June 2, 1987 SEWER DISTRICT 169.1 The Mayor introduced the continuation of a public hearing in reference to the establishment of Wedington Drive Sewer Improvement District No. 1. She asked if anyone wished to speak in opposition to the formation of this district. No public comment was expressed. The public hearing was closed. 164.2 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, 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 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. 164.3 The Mayor noted that the petitioners requested the appointment of Russell P. Jack, Phillip Ezell and Eudell Luttrell as the Board of Commissioners for the district. 164.4 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3272 APPEARS ON PAGE W. OF ORDINANCE AND RESOLUTION BOOK XxaV REZONING/NORTH EAST AVENUE 169.5 The Mayor introduced an ordinance rezoning 6,076 square feet of property at 215 North East Avenue; from C-2 "Thoroughfare Commercial" to C-3 "Central Commercial". The Mayor reported the Planning Commission recommended approval, 9-0, on May 26. She added that a Bill of Assurance had been offered restricting the use of the property to an art gallery, office, residence and antique store. 164.6 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. 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. 164.7 The Mayor asked if anyone wished to speak against the rezoning. No public opposition was expressed. 1 1 1 165 June 2, 1987 In answer to a question from Director Bumpass, Dan Coody told 165.1 the Board he intended to file the Bill of Assurance with the City Planning Office. Upon roll call, the ordinance passed, 7-0. 165.2 ORDINANCE NO. 3273 APPEARS ON PAGE /Py OF ORDINANCE AND RESOLUTION BOOK Xx/ ✓ SIGN APPEAL/GLENDALE APARTMENTS • The Mayor introduced an appeal from the literal provisions of 165.3 the Sign Ordinance for an existing sign for Glendale Apartments, facing Hill Street; for permission to keep an existing 24 square foot freestanding sign, at a height of 12 feet, set back 19 1/2 feet from street right-of-way. Director Bumpass made a motion to table the appeal. He asked 165.4 that the Public Safety Committee meet next Wednesday to discuss multiple violations of the Sign Ordinance which are in existence, and whether the Board should enforce the ordinance or create a variance because of the commerciala.>nature of apartments. The motion was seconded by Martin and passed, 7-0. SIGN APPEAL/ZION ROAD The Mayor introduced an appeal from the literal provisions of 165.5 the Sign Ordinance for an existing sign at 2549 Zion Road; for permission to keep a seven square foot freestanding sign, at a 16 foot setback, as an "area identification" sign. Director Martin, seconded by Bumpass, made a motion to approve 165.6 the request. Director Hess asked if the motion was based on the fact that 165.7 Director Martin thought there was a hardship. Martin responded that his motion was based on the fact that (1) there is a hardship in that if the sign were moved to its proper setback some trees would have to be cut down; (2) he thinks its a good looking sign; and (3) he thought it was in place when the Sign Ordinance was approved. Director Bumpass asked if the property encompassed more than 165.8 five acres. Petitioner Bill Giese stated he owned 13 acres. Bumpass said since the property was larger than five acres it ought to be in a different category. 166 June 2, 1987 166.1 Upon roll call, the motion passed, 7-0. PUBLIC WORKS COMMITTEE 166.2 Director Hess reported on the Public Works Committee meeting of May 27, 1987. BID AWARD/WATER LINE REPLACEMENT 166.3 Director Hess reported the committee recommended the award of bid, for a water line replacement project including Greenview Drive, Walton Street, Fletcher Avenue, Wyman Road, Wallen Mountain Road and Babe Ruth Park, to the low bidder, Fayette Tree and Trench, bidding $83,939.40. Hess reported that $3500 of the expense, for Babe Ruth Park, will come out of the Parks and Recreation budget. 166.4 Hess so moved, seconded by Martin. Upon roll call, the motion passed, 7-0. Hess commented the total expense was $2500 under budget. PLANNING OFFICE FEES 166.5 Hess reported the committee considered an amendment to the City Zoning Ordinance to increase Planning Office fees for conditional use permits, Board of Adjustment appeals and rezoning petitions. Hess reported the City's current fees are below those charged by Springdale and Rogers. Hess reported the committee unanimously recommended approval of the increases - Board of Adjustment hearings from $25 to $75; conditional use applications from $30 to $50; and rezoning petitions from $60 to $125. 166.6 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 failed, 4-3, Directors Kelley, Marinoni, Hess and Bumpass voting in favor and Directors Martin, Johnson and Lancaster voting against the motion. The City Attorney declared the ordinance did not receive 2/3, or five, affirmative votes, so it stays on first reading until the next meeting. 166.7 Director Martin said he thought it was very important to adjust the fees to reflect expenses but expressed concern over increasing Board of Adjustment fees from $25 to $75. He said he was concerned about citizens with a problem perhaps not of their own making, who must pay $50 to get remedy from the Board of Adjustment. Carlisle explained that the current Board of 1 1 1 V June 2, 1987 Adjustment fee is $45 not $25. Martin said he did not think it 167.1 fair to charge $75 for example, in the case of a citizen who finds his lot line was surveyed in error, and needs an adjustment. Carlisle explained there has been a lot of progress made in attempting to get builders to place homes on lots as shown on their site plans. Carlisle said in a case where a builder does not place a building correctly on a lot, it is the builder, not the owner, who bears the expense. Carlisle said the proposed increases were not intended to make a profit, but were designed simply to cover expenses. Director Hess pointed out that actual costs, in each case, range 167.2 from $3-$11 higher than the proposed fees. Director Lancaster said he thought that, after the fees were 167.3 increased, Fayetteville's fees would be either at or below the fees of Springdale and Rogers. Lancaster expressed concern over the increase in rezoning fees from $60 to $125. Director Hess said he thought it was inaccurate to compare 167.4 cities, commenting that the costs in each town were all relative. Hess said, unless the Board feels inadequacies in the department are creating cost overruns, the proposed fees still do not cover total: expenses. Director Martin objected to a uniform fee which applies to 167.5 everybody. He noted the example of a petitioner appearing before the Board of Adjustment who will be making $1 million and another citizen coming in who is simply trying to sell a house to someone who has already agreed to buy it. Director Hess pointed out the problem is the staff goes through the same procedures whether it's a $1 million deal or a $1,000 deal. Hess commented the proposed fees were just an attempt to defray costs. SLUDGE HANDLING TRUCK Hess reported the committee recommended approval to purchase a 167.6 used truck for sludge handling at the pollution control plant, estimated to cost $1500. Hess explained OMI would purchase the truck and, when they no longer need to use the truck, it will become part of. the City's fleet. Hess said a City mechanic evaluated the condition and cost of the truck. Hess, seconded by Martin, moved to accept the proposal. Upon 167.7 roll call, the motion passed, 7-0. 163 LITTER PICKUP PROGRAM June 2, 1987 168.1 Hess reported the committee considered the adoption of a "DWI litter pickup program". Hess said the City had tried the program before but the Public Works Director had come up with "a little bit of a different wrinkle". Hess reported the committee unanimously approved the proposal. 168.2 Hess explained the DWI Program will pay the Street Department for the use of the equipment, which is why it seems the Street Department will realize revenue. 168.3 Public Works Department Deryl Burch explained the program would operate with three crew members, one of which will be a supervisor and two of whom will be part-time helpers. He said three vehicles would be used on Saturdays, including two crew trucks and one large flatbed. He said vehicles are charged out by the hour, with this cost being charged against the program. He said the vehicle charges and the manpower will amount to a $400 cost. Burch said with ten workers earning approximately $4/hour, there will be a return of about $320 for the $400 expended. 168.4 Hess told the Board the committee recommended a one-month trial period at the end of which time the Board would consider the program again either for discontinuation or extension. 168.5 Director Martin objected to the designation "DWI" since the program will be open to any citizen who cannot pay a fine to the Municipal Court. Martin said he thought the designation could discourage people who were not convicted of a DWI from participating in the program. It was suggested that "Public Service Work Program" would be a better name for the program. 168.6 Director Hess moved to approve the recommendation of the committee. The motion was seconded by Marinoni and passed, 7-0. CONTRACT CHANGE ORDER 168.7 Director Hess reported the committee considered a change order to a contract with Olson Construction Company, including four deductive changes and six additive changes, resulting in a net increase to the contract of $5,757. Hess reported the committee recommended approval unanimously. Hess moved approval, seconded by Marinoni. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 40-87 APPEARS ON PAGE /Yo OF ORDINANCE AND RESOLUTION BOOK X XVll 1 June 2, 1987 SEWER LINE RELOCATION 163 Hess reported the committee considered the relocation of a 169.1 sewer line along Indian Trail Road, which had been originally located down the middle of the street. Hess said this was felt to be detrimental to the project and the committee recommended moving the line to the side, into the easement. Hess said a few trees would have to be removed and it was not felt this would destroy the nature of the area. Hess so moved, seconded by Lancaster. Upon roll call, the 169.2 motion passed, 7-0. REPLACEMENT TRANSFORMER Hess reported the original size of a transformer is no longer 169.3 needed because many other transformers are handling the electrical load at the treatment plant. He said the committee recommended down -sizing the transformer because sources of power are being split. Hess so moved, seconded by Lancaster. Upon roll call, the motion passed, 7-0. BID AWARD/STREET STRIPING Hess reported the committee recommended the award of bid for 169.4 street striping to the low bidder, Time Sandblasting, which bid .0789 per lineal foot. Hess moved approval of the low bidder, seconded by Marinoni. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 41-87 APPEARS ON PAGE /y,? OF ORDINANCE AND RESOLUTION BOOK X XVitI AIRPORT COMMITTEE REPORT Director Lancaster reported on the Board Airport Committee's meeting of May 27, 1987. AIR MIDWEST PAINT SHOP 169.5 Lancaster reported Air Midwest requested modification to their 169.6 existing hangar to accommodate a paint shop. He reported the committee recommended approval. • 1iU MOUNTAIN INN/ADVERTISING DISPLAY LEASE June 2, 1987 170.1 Lancaster reported the committee considered a resolution authorizing the Mayor and City Clerk to execute a one-year lease renewal with the Mountain Inn for advertising display space, at $80 per month, including a damage deposit of $80. He reported the committee recommended approval. T -HANGER RENEWALS 170.2 Lancaster reported the committee considered resolutions authorizing the Mayor and City Clerk to execute one year lease renewals with Ron Sherwood and Joe Rouse for space in T -Hangar B, at $110 per month each. Lancaster reported the committee recommended approval. NEW T -HANGAR LEASES 170.3 Lancaster reported the committee considered resolutions authorizing the Mayor and City Clerk to execute one-year leases with Gary Johnson, Chandler Equipment, and James T. Bell for space in T -Hangar A. Lancaster reported the committee recommended approval. 170.4 Lancaster explained T -Hanger normally leases for $135. aircraft are being permitted Hangar A, until such time as single-engine hangar. 170.5 Airport Manager Dale Frederick told the would be paying the twin -engine rate of Johnson and Chandler Equipment would be A He to a vacancy is for twin -engine aircraft and said tenants with single-engine lease space, at $110, in T - becomes available in the Board that James T. Bell $135 per month, and Gary paying $110 per month. MID AMERICA INN LEASES 170.6 Lancaster reported the committee considered a resolution authorizing the Mayor and City Clerk to execute a one year lease with the Mid America Inn for advertising display space, at $80 per month, including a damage deposit of $80; and for direct phone service, at $20 per month, including a damage deposit of $50. He reported the committee recommended approval of these. 170.7 Lancaster moved approval of the committee recommendations. The motion was seconded by Kelley and, upon roll call, passed by a vote of 7-0. RESOLUTION NO. 42-87 APPEARS ON PAGE /Yy OF ORDINANCE AND RESOLUTION BOOK )(X u , t t 1 r 171 June 2, 1987 UNSIGHTLY PROPERTY The Mayor introduced further consideration of an ordinance ordering the razing and removal of an unsafe structure located at 236 Huntsville Road; tabled at the May 5th meeting. 171.1 Public Safety Director Coates reported that the owner has not 171.2 made application to appear before the Board of Adjustment. The City Attorney read the ordinance for the first time. 171.3 Director Marinoni, seconded by Martin, 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 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. The Mayor asked if anyone wished to speak against the ordinance. No public opposition was expressed and, upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3274 APPEARS ON PAGE /P G OF ORDINANCE AND RESOLUTION BOOK X X/V • 171.4 PUBLIC SAFETY COMMITTEE Director Marinoni presented a report on the Board Public Safety'` 171.5 Committee meeting of May 27, 1987. ANIMAL SHELTER OPERATION Marinoni reported the Fayetteville Humane Society and the City of Fayetteville propose to enter into a contract to operate the animal shelter, to be negotiated on an annual basis. He explained the personnel would be four City employees under the Public Safety Department who would be "loaned" by the City to the Humane Society - consisting of a Shelter Director, a Kennel Master, and two Animal Control Officers. He said the contract would involve a construction project over three years of a new Animal Shelter west of the present facility, at an expense to the City of $50,000 per year for three years. Marinoni said funds generated by the Shelter would be the property of the Humane Society but the cost to the City will not exceed the present cost for operating the facility. Marinoni, seconded by Bumpass, moved acceptance of the proposal. 171.6 171.7 June 2, 1987 172.1 Director Bumpass commented that this arrangement would be similar to that at the City Shop, which worked well and was an improvement. Bumpass said he thought there would be a better operation at the Shelter with the involvement of the Humane Society. 172.2 172.3 In answer to a question from Director Martin, Marinoni explained that the Humane Society and City staff worked to resolved differences and the proposed contract is agreeable to both parties. Mayor Johnson said she had a letter from the United Way urging Board support of the proposal. 172.4 Marinoni told the Board the first contract will be from July 1, 1987 through January 1, 1988, at which time it will be subject to renewal. 172.5 Upon roll call, the motion passed, 7-0. RESOLUTION NO. 43-87 APPEARS ON PAGE /p 3 OF ORDINANCE AND RESOLUTION BOOK )(XUII1 . • "4 FINANCE COMMITTEE REPORT 172.6 The Mayor introduced a report from the Board Finance Committee which met on May 29, 1987. SANITATION DEPOSITS 172.7 Director Martin reported the committee discussed a staff proposal to begin collecting a deposit for sanitation service. He said additional information has recently been received and discussions will continue. COUNCIL ON AGING FUNDING 172.8 Martin reported the Board, at its May 5th meeting, referred to the Finance Committee a recommendation by the Parks Board to approve $2,244 to the Council on Aging. Martin reported the committee recommended approval. Martin moved that $2244 be allocated to the Adult Center, with an offsetting adjustment to be determined by the Parks Director, to cane out of the Parks budget. The motion was seconded by Marinoni and passed, 7-0. 1 1 1 June 2, 1987 AUDIT FEE INCREASE Director Kelley reported the committee considered a request from 173.1 Arthur Young and Company for a modification to their contract with the City, to include payment of an additional $16,160 for audits made necessary by statutory change or by request of the City, and which were not included in the initial contract. Kelley explained this was a not -to -exceed. cost. Kelley moved approval, seconded by Hess. In answer to a question from Director Bumpass, Administrative 173.2 Services Director Linebaugh reported the present contract is for about $44,000. Bumpass noted this would be about a 33% increase. Linebaugh said the City's .present contract with the company will include audits for this year and next year. Director Bumpass suggested the increase was almost enough to 173.3 warrant going out for bids. He asked if the committee had considered this possibility. Kelley said this had not been discussed. Linebaugh explained it was expensive to start an audit for a new fund such as the Arts Center, because there is a bond issue involved. Bumpass pointed out that the last time a bidding procedure was used on an audit, a lot of money had been saved for the taxpayers. Upon roll call, the motion passed, 6-1, Bumpass voting in the 173.4 minority. RESOLUTION NO. 44-87 APPEARS ON PAGE /Pa OF ORDINANCE AND RESOLUTION BOOK XX JJt1 BUDGET ADJUSTMENTS Kelley reported the committee recommended approval of budget 173.5 adjustments with offsets which exceed $1,000. He said these were contained in the March financial statements. He said $18,289 will be allocated from unreserved funds. Kelley moved approval, seconded by Hess. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 45-87 APPEARS ON PAGE /92 OF ORDINANCE AND RESOLUTION BOOK XXVNI BUDGET ADJUSTMENT/PUBLIC The Mayor introduced adjustment in the Public $8,330, to pay sewer WORKS DEPT. a request for an Works Department, damages to David 173.6 offsetting budget 173.7 in the amount of Henson's property. 174.1 June 2, 1987 Johnson reported the offset would come from the Highway 16 West Sewer Improvement District funds. 174.2 Director Hess moved approval, seconded by Johnson. Upon roll call, the motion passed, 7-0. BUDGET ADJUSTMENT/SANITATION 174.3 Administrative Services Director Linebaugh introduced an additional budget adjustment which was recommended for approval by the Finance Committee. He said additional money is needed for the Fall cleanup. He explained old procedures caused an expenditure of more money than was expected, and measures have been taken to correct the problem. Linebaugh said the Fall cleanup will be handled differently, with Sanitation employees being used rather than volunteers. He requested a budget adjustment of $14,000 for additional overtime for the Fall cleanup, plus $8,600 to take care of a budgeting error where funds were placed in the wrong Sanitation account. Linebaugh reported both budget adjustments have offsets. 174.4 Director Martin moved approval, seconded by Hess. Upon roll call, the motion passed, 6-1, Johnson voting in the minority. OTHER BUSINESS TELEVISION PRODUCTIONS 174.5 Public Safety Director Coates announced that Fayetteville Open Channel will televise a program on public safety on June 18 at 8:00 p.m. and on June 19 at 1:30 p.m. ROSE VS. CITY 174.6 City Attorney McCord noted he submitted a memo to the Board on May 29 advising of the decision in Rose vs. City in which the Court ordered disclosure of the investigative file in the criminal investigation. McCord said for the reasons in his memo he did not recommend an appeal. McCord said no action was necessary if there was no disagreement from any staff or any Director. 174.7 McCord advised that the evidentiary hearing on the City's discharge permit (authorizing split -flow discharge of treated effluent from the new wastewater treatment plant) has been continued because a key witness is unavailable. He reported the hearing was tentatively re -set for July 20, subject to confirmation that all witnesses are available 1 1 1 June 2, 1987 LEGAL DESCRIPTION ERROR The City Attorney told the Board the City's Drafting Department has advised that a recent rezoning ordinance contained an erroneous .legal description. McCord explained he relied on descriptions received and did not replat them, and sometimes corrections are necessary if an ordinance has been recorded before an error is discovered. He explained the correction concerned property on Danita Street west of Lewis Woods Lane which was rezoned in March. McCord 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 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. 175 175.1 175.2 • Upon roll call, the ordinance passed, 7-0. 175.3 ORDINANCE NO. 3275 APPEARS ON PAGE APP OF ORDINANCE AND RESOLUTION BOOK )(XIV COMMITTEE MEETINGS Director Bumpass asked if certain property owners should be 175.4 notified whose signs will be discussed at the next Public Safety Committee meeting. Director Hess suggested this be done if special circumstances are created for apartments as businesses. Bumpass asked if Glendale Apartments' request would be discussed. Public Safety Directors Coates said discussion would be general. It was decided to schedule a Public Safety Committee meeting at 175.5 8:30 a.m. on June 10, to be followed by a Personnel Committee meeting. Director Hess suggested the Public Works Committee meet to 175.6 discuss the EOA proposal for use of "housing bonds windfall" funds. Mayor Johnson suggested that request be discussed at a later time. 4 f MINUTES June 2, 1987 176.1 The minutes of the May 19, 1987 meeting were approved with the following corrections: 154.8 "5-0" should be "5-2" 148.7 After "The City Attorney quoted from" insert "McQuillan on Municipal Corporations which he indicated correctly stated" ADJOURNMENT 176.2 The meeting was adjourned at about 9:25 p.m. 1 1 1