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HomeMy WebLinkAbout1987-06-16 Minutes176 • MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, June 16, 1987 at 7:30 p.m. in the Directors' Room of City Hall at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Kelley, Marinoni, Hess, Lancaster and Martin; Acting City Manager Linebaugh, City Attorney McCord, City Clerk McWethy, Department Directors Burch and Coates; members of the press and audience ABSENT: Director Bumpass CALL TO ORDER 176.1 Mayor Johnson called the meeting to order, with six Directors present. The Mayor asked for a moment of respectful silence before beginning the meeting. REPORT TO THE PUBLIC Scott Linebaugh, Acting City Manager, presented the Board with the monthly report to the public and Board for the month of May. The report included summaries of the city's financial status, personnel, pending litigation, operational improvements, and departments' progress. [Details of the report were distributed to the Directors in written form. Due to the length of the report, its contents are on file in the City Clerk's Office rather than included as part of these minutes.] 176.3 Director Lancaster asked Linebaugh to what he attributed the City's 17% turnover in personnel. Linebaugh said he thought this was due to the reorganization, commenting that new systems have placed more demands on employees. He added that this percentage is low compared to the usual turnover rate with a reorganization. REVENUE SHARING PUBLIC HEARING 176.4 The Mayor opened a public hearing regarding the uses of $16,211 in revenue sharing funds; and a resolution adopting :the revenue sharing budget. No public comments were expressed. 177 June 16, 1987 Acting City Manager Scott Linebaugh proposed the funds be used 177 11 towards salaries in the Communications Division, explaining new costs have been incurred because of the new communications system and commenting that, as far as revenue sharing regulations are concerned, this would be the easiest way to keep up with the funds. The public hearing was closed. 177.2 Director Martin moved the amount of $16,211 be budgeted for 177.3 personnel salaries in the Communications Division. The motion was seconded by Director Kelley and, upon roll call, passed by a vote of 6-0, Director Bumpass being absent. RESOLUTION NO. 46-87 APPEARS ON PAGE /93 OF ORDINANCE AND RESOLUTION BOOK X X'I1I REZONING PETITION R87-16 The Mayor introduced an ordinance rezoning property as requested 177.4 in rezoning petition R87-16, for 4.81 acres located north of the northeast corner of Highway 265 and Highway 45. She explained ' the petitioners, Gary and Teresa Atha, requested rezoning from R- 1, Low Density Residential, to C-1, Neighborhood Commercial. She reported the Planning Commission recommended approval of C-1 and R-0, Residential -Office, to be in alignment with the zoning on the west side of Highway 265. The Mayor asked if anyone present wished to speak in opposition 177.5 to the rezoning. No public comment was expressed. The Mayor asked the City Attorney to read the ordinance. The ordinance was read for the first time. Director Martin, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6-0. The ordinance was read for the second time. Director Martin, 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 by a vote of 6-0. The ordinance was read for the third time. In answer to a question from Director Martin, Gary Atha told the 177.6 Board he was perfectly satisfied with the Planning Commission's recommendation to split the zoning. Upon roll call, the ordinance passed, 6-0. 177 ORDINANCE NO. 3276 RESOLUTION BOOK X XiV APPEARS ON PAGE !P9 OF ORDINANCE AND 178 REZONING PETITION R87-17 June 16, 1987 178.1 The Mayor introduced an ordinance to rezone property as recommended in rezoning petition R87-17, located at the northeast corner of Lafayette Street and West Avenue. She explained the; petitioners, Eric and Charlene Lloyd, requested rezoning from R 3, High Density Residential, to R-0, Residential Office. The Mayor reported the Planning Commission recommended approval, 7-0- 1. 178.2 The City Attorney read the ordinance for the first time. Director Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6-0. The ordinance was read for the second time. Director Marinoni, seconded by Lancaster, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6-0. The ordinance was read for the third time. 178.3 The Mayor asked if anyone present wished to speak in opposition to the rezoning. No public comment was expressed. 1 4 Upon roll call, the ordinance passed by a vote of 6-0. ORDINANCE NO. 3277 APPEARS ON PAGE /92, RESOLUTION BOOK XXII/ 178.5 In answer to a question from Director Martin about a deep excavation on the property, Eric Lloyd explained he planned to construct a basement. Director Marinoni asked how Lloyd could pursue construction before the rezoning was approved. Planning Director Carlisle explained site work is permitted prior to the issuance of a building permit. OF ORDINANCE AND. • • REZONING APPEAL 178.6 The Mayor introduced an appeal from a decision of the Planning Commission, regarding failure to rezone 8.3 acres at the northeast corner of Old Farmington Road and U. S. Highway 71, from R-1, Low Density Residential, to C72, Thoroughfare Commercial. She reported the Planning Commission did not recommend approval, voting 3-5. Attorney Richard Osborne presented the appeal on behalf of the petitioner, J. W. Eoff. Osborne explained the owners of "Super 8" motels have proposed to the owner that one be constructed on the property. Osborne said the plans would include a "Denny's 1 • June 16, 1987 Restaurant" which would not serve alcohol. Osborne said he felt this was an instance where the Planning Commission may have erred. He said the property was ideally suited for commercial development because of terrain, location, access, and availability of utilities. He said he did not think any Board members would want to live at this location. Addressing the possibility of R-0 zoning, Osborne noted that there is already 20-30,000 square feet of unoccupied office space in the city. He added that 70-80% of C-2 zoning in town is in the north half of the city and the petitioner feels there is some need for C-2 in the south half of the city, particularly at this intersection which he said was the second busiest intersection in the area. Engineer Ervan Wimberly told the Board concerns had been expressed about the potential for commercial zoning to spread up the frontage road all the way to Highway 16. He said he thought the steeper land to the north creates a natural break in the zoning. Wimberly said in his opinion Old Farmington Road was just as much a part of the Highway 71 intersection as Highway 62. He said water is available and the developers will have to extend it to the property at their expense. In answer to a question from Director Marinoni, Wimberly said the motel would have 60 units. Director Johnson said one suggestion from the Planning Commission was that a buffer zone be located between the C-2 zoning and R-1 zoning north of the property. Osborne said the petitioner would be glad to comply. Director Marinoni suggested 100-150 feet would be an appropriate width to use as R-0 property. Osborne agreed to 100 feet on behalf of the petitioner. Director Martin said he thought the Planning Commission had been correct in using Old Farmington Road, west of the bypass, as a point of demarcation between commercial and residential development. He said on the east side there was an extensive amount of P-1, Institutional, zoning, and he would support the rezoning on that basis. Osborne agreed to amend the petition to request R-0 zoning for the north 100 feet of the property, with the remainder to be zoned C-2. The City Attorney read the ordinance with the proffered amendment. Director Martin, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Martin, seconded by 175 179.2 179.3 175 179.5 179.6 179.7 179.8 1 180 June 16, 1987 1Al.1 Lancaster, made a motion to further suspend the rules and the ordinance on its third and final reading. Upon roll the motion passed, 6-0. The ordinance was read for the time. place call, third 180.2 The Mayor asked if anyone present wished to speak against the ordinance. No public opposition was expressed. 180.3 Upon roll call, the ordinance passed, 6-0.' ORDINANCE NO. 3278 APPEARS ON PAGE /97 OF ORDINANCE AND RESOLUTION BOOK KV V PLANNING OFFICE FEES 180.4 The Mayor introduced an increase fees prescribed rezoning petitions; left meeting. 1° ordinance amending the City Code to for conditional use, variance and on first reading at the June 2nd The Mayor reported the staff has asked that so they can further investigate the matter. this item be tabled 180.6 Director Kelley moved to table, seconded by Marinoni. Upon roll call, the motion passed, 6-0. CD CONTRACT AWARD 180.7 The Mayor introduced the award of contract for engineering services for Phase II of the Wedington drainage project, a Community Development Block Grant project. The Mayor reported the selection committee recommends the contract be awarded to Northwest Engineers for a not -to -exceed fee of $19,665.50. 180.8 Director Marinoni moved to accept the contract as presented. Johnson seconded the motion and, upon roll call, it passed by a vote of 6-0. RESOLUTION NO. 47-87 APPEARS. ON PAGE /yi OF ORDINANCE & RESOLUTION BOOK XXVI l UNSAFE STRUCTURE/325 ROLLSTON AVENUE g The Mayor introduced an ordinance ordering the of an unsafe structure located at 325 Rollston razing and removal Avenue. Property owner Wayland Wilkerson told the Board the property had burned before he bought it, and he had to threaten a lawsuit .161 • June 16, 1987 against the former owner in order to close the deal. He said he 18s. had installed a fence to keep children out. He said he received several violation notices from the City Inspector, and obtained a building permit to cover the roof, but had to have a series of operations on his eye which prevented him from completing the work within the time period required by the City. He said he had cleaned out a lot of debris from the roof which had collapsed. He said he did not know of the city's intent to raze the property until he received an agenda for this meeting. He said he did not consider his property to be unsafe although he agreed it was unsightly. He said it was taking him a lot longer to work on the property because of lack of funds and difficulties in obtaining loans. He said he does work on the property and mows the yard. He mentioned that in the area there were several unsightly and unsafe buildings in which people are living. He said that at least no one was living in this building and he asked the Board to give him more time to complete the work. In answer to a question from Director Martin, Wilkerson said he 181.2 lived in a residence immediately to the south of the structure in question. Martin said the structure had no roof. Wilkerson said he intended to replace walls and build a second floor. Martin said the front of the house appeared to be open and is, to a large extent, an eyesore. He asked Wilkerson about cars parked on the site. Wilkerson said he owned the cars which were licensed except for one with a broken water pump. Wilkerson said he intended to construct a parking lot with six spaces and intends to replace part of the garage. Martin noted the building permit taken out in October, 1986 required Wilkerson to rebuild to building, electrical and plumbing codes and make satisfactory progress every 60 days for 6 months or the permit expires. Wilkerson said he had made progress on the interior every week, but utility connections had not been made since the building's purpose is for low occupancy. Director Hess asked Wilkerson when he envisioned the renovation 181.3 of the building to be completed. Wilkerson said he planned to finish the roof by September. Hess said he didn't think the completion date could be left open-ended. The City Attorney said if the Board was inclined to give the 181.4 property owner additional time the matter could be tabled until whatever time is determined to be reasonable. Wilkerson remarked that property in the area owned by Tom Pearson 181.5 is certainly unsightly and has been unimproved for about 15 years. Public Safety Director Coates told the Board the staff has 18 detected no progress since the building permit was issued to 182 • June 16, 1987 1 1 Wilkerson. Mayor Johnson said she thought progress had been made in that Wilkerson had cleaned up the property. Director Hess noted that, although rafters were in place, there was no roof over the structure. Wilkerson said a temporary roof was under construction. 182.2 Hess remarked that eight months had passed since the date of the building permit and he suggested Wilkerson be given until the end of the year to get the building up to Code. 182.3 Director Martin said he would support an extension of time but thought the Board should expect progress at the end of that time. 182.4 Director Hess moved to allow Wilkerson to the end of the year to get the building up to Code, inside and outside. The motion was seconded by Director Kelley. Wilkerson said he would comply. 182.5 The Mayor said the motion indicated the ordinance would be tabled until the end of the year. 182.6 Building Superintendent Freeman Wood noted the building permit expires at the end of nine months and he asked the Board if they were waiving the requirement for a new permit or extending it to the end of the year. The Mayor said the requirement for a new permit would be waived. 182.7 Upon roll call, the motion passed, 5-1. PUBLIC SAFETY COMMITTEE 182.8 The Mayor reported items discussed at the June 10 Public Safety Committee meeting would be brought up at the next Board meeting. SIGN APPEAL/GLENDALE APARTMENTS 182.9 The Mayor introduced an appeal from the literal provisions of the Sign Ordinance; tabled at the June 2nd meeting. She explained the petitioner requests permission to keep an existing 24 square foot freestanding sign. The Mayor noted that freestanding signs are prohibited in any residential district, unless the Board determines that strict enforcement would be unreasonable. 1 10 Joanne Bayles, Manager of Glendale Apartments, was present. The Mayor told Ms. Bayles that the Board was currently studying the Sign Ordinance as it applies to freestanding signs for apartments in high density residential districts. d3 June 16, 1987 Director Lancaster said he felt the Board could not grant a 187 variance in a case where the Ordinance prohibits the sign. The City Attorney said, if the Board decides to amend the ordinance to permit freestanding signs for apartment complexes in R-2 or R- 3 zones, the Glendale sign would still require a variance from size and setback requirements. He said in the alternative the Board could table the appeal until it is determined whether any amendment will be adopted. Director Marinoni suggested the appeal be tabled until the 183.2 proposed changes to the ordinance are resolved. Director Martin said he would prefer to address the issue of 183.3 whether a variance can be granted based on hardship, rather than asking the petitioner to come back before the Board. Martin said he thought the sign was understated and attractive, and that in addition there was a steep drop from the street, so that a sign could not be seen from any other location. Building Superintendent Freeman Wood told the Board the sign was 183.4 located in the street right-of-way. In answer to a question from Director Lancaster, the City 1835 Attorney explained the Board can grant a variance for this type of sign if it finds the proper criteria can be met. He said the Board has the power "...to hear requests for variances from the literal provisions of this chapter for the erection of a new sign in instances where strict enforcement of this chapter would cause practical difficulties due to circumstances unique to the individual sign under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of this chapter. The Board shall not permit as a variance any sign the erection of which or the continuance of which is prohibited by Section 17B-7 of this chapter." 183.6 McCord explained 17B-7 applies to placing of signs on private 183.7 property. He added that the Board, in the past, has granted variances for freestanding signs in R districts, churches being a prime example. Director Martin moved approval of the variance. The motion was 183.8 seconded by Kelley. Martin said the sign had been there for quite some time, and removing the sign from the street would place it an extreme distance from the street, since the property is down a slope from the street. He added that a wall sign 184 • June 16, 1987 permitted on the wall of the apartment house could be about 50% larger than the size of the existing sign. 184.2 Director Hess said he .found it difficult to understand how a variance can be granted for something that is illegal. He said he= would prefer to grant the variance predicated on the possibility that the ordinance will be amended to allow signs at apartment complexes. 184.3 Director Lancaster said the sign was installed without a permit and is located on city right-of-way. He said permitting a variance like this would "open the floodgates". He said he thought the ordinance should be amended first. 184.4 Ms. Bayles said a sign on the building wall which would meet the requirements probably could not be seen from the street. She said this would cause a hardship and loss of income. 184.5 Director Martin agreed to an amendment to his motion to grant a variance on the setback subject to resolution of the Sign Ordinance. 11[6 The City Attorney recommended tabling the appeal and staying any enforcement of the ordinance until a finalresolution of any. amendments. He said he would prepare an Opinion for the Board on its jurisdiction to grant variances in this or similar instances. 184.7 Director Lancaster said he thought the Public Safety Committee had agreed to table this appeal until such time as the ordinance could be amended. Public Safety Director Coates said the Board had directed the staff to place the appeal on the agenda. 184.8 Director Marinoni moved to table the issue until the ordinance is resolved. The motion was seconded by Hess and, upon roll call, passed, 6-0. 184.9 SIGN APPEAL/WASHINGTON PLAZA The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for permission to keep one 80 square foot and one 48 square foot wall sign, on separate buildings, at Washington Plaza Apartments. The Mayor explained the ordinance places a limit of one on-site wall sign for each businesslocated on property in residential districts; with display surface area not to exceed 16 square feet, unless the Board determines that strict enforcement would be unreasonable. Caleb Weaver said the ordinance has an entrance on Deane and an needed to be a distinction adjoining complex on Deane. He • June 16, 1987 disturbed him because the complex entrance on Lewis. He said there between Washington Plaza and the said the sign had been up for 18 years and its removal would deface the brick. Director Marinoni said the Public Safety Committee had discussed the possibility of allowing more than one sign in the case of apartments which have a number of buildings, facing different streets. Director Lancaster commented that there was a hardship in this case, in his opinion. Building Superintendent Freeman Wood told the Board the signs were over -sized, as well as being out of conformance because of the fact that there are two signs rather than one sign for the complex. The Mayor explained in this case there would have to be a variance for the size of the signs and for the additional wall sign. Director Martin so moved, seconded by Kelley. Upon roll call, the motion passed, 4-2, with Directors Johnson and Lancaster voting in the minority. FIRE CONTRACT BILLING The Mayor introduced a request for annual stand-by fire protection fees, for rural customers, to be paid in monthly installments added to the property owner's water bill. The Mayor explained that currently these property owners pay an annual fee, of $146 per member in an association, and of $292 for individual members. She explained administrative costs would go up to convert to monthly billing, and the present annual costs would go up from $146 to $161.60; and up from $292 to $307.60. In answer to questions from Directors, Acting City Manager Scott Linebaugh said the staff recommends waiting until 1988 because otherwise a programming change would have to be made to the City's current computer system and then again to the new computer system. He said this would cause additional costs and will cause time to be lost towards conversion to the new computer system. He said administrative costs in 1988 might be somewhat less than costs to make the change now. Of 119 contracts this year, Linebaugh said 57 were still unpaid. Linebaugh explained that for an association, one person is presently responsible for collecting from the other members, with the total annual fee being paid in advance. He said, with monthly billing, the City 185 18 185.2 185.3 185.4 185.5 185.6 185.7 1 186 1,,.1 Iwould have to be responsible for monitoring collections and it would be a less efficient system as far as the City is concerned. Linebaugh said the biggest problem he perceived was the case of a member of an association moving in mid -year and leaving an unpaid balance with a water deposit which would not cover the balance, something which he said would jeopardize the ability of the association to receive fire protection. 186.2 Director Marinoni: asked how property owners not on city water would pay their bill. Linebaugh said these would continue to pay annually. Accounting Supervisor Zelda Parson said there were 5- 10 persons who do not receive a water bill. Y l 4�Yy��tl�.l W 4 • June 16, 1987 186.3 Mayor Johnson said there were a lot of unanswered questions and suggested referring this item to the Board Finance Committee, and not implementing any changes this year. Director Kelley said he thought it more appropriate to refer the item back to the staff, to contact the property owners, and come back to the Board with a recommendation. Kelley said he was in favor of waiting until 1988 to make any programming changes. Johnson said she thought this was a policy decision for the Board to make, not the staff. Kelley said he thought more information was needed from the staff. Director Martin suggested a recommendation be made at the time of budget preparation for 1988, adding that the Board had not yet heard from the Public Safety Director and the Fire Chief. Martin stressed the importance that no mistakes be made in the future when the Fire Department is called to respond to a fire. 186.4 Martin asked how the City could enter into an annual -contract with a property owner'who pays on a monthly basis. Director Hess asked if the association was liable for the expenses incurred by its members. The City Attorney pointed out that, unless all the property owners in the association sign a contract to be jointly liable for each other's obligation, one individual will not be liable for another who fails to pay. McCord said he did not know if the City could get property owners to sign such a contract. 186.5 186.6 186.7 It was agreed by the Directors that monthly billing would not be attempted until 1988. Director Marinoni moved to table the request until the 1988 budget year. The motion was seconded by Martin. Director Kelley said the staff would make recommendations to the Board in the budget process prior to January 1, 1988. Upon roll call, the motion passed, 6-0. r. 187 • June 16, 1987 GREENLAND FIRE PROTECTION 1 The Mayor introduced a resolution authorizing the renewal of the 187.1 City's contract to provide fire protection for the City of Greenland. She explained Greenland's present rate, of $30,386, would be increased to $41,300. She said the new rate was based on a new formula - the number of residential households x the residential fire contract rate, added to a calculation for each business based on actual value of property x fire rating x rate set by City ordinance. Linebaugh told the Board the proposed rate. He said amount of acreage which is formula unfair to Greenland. City of Greenland has agreed to the the recent annexation added a large not very populated, making the old 187.2 Director Hess, seconded by Marinoni, moved to approve the 187.3 contract. Director Martin said that, although he favored anyone residing in the annexed area would protection. Martin commented that this was a part of Fayetteville. the new formula, still need fire concession on the Upon roll call, the motion passed, 6-0. RESOLUTION NO. 48-87 APPEARS ON PAGE JOy OF ORDINANCE & RESOLUTION BOOK Aj(V 1 l PERSONNEL COMMITTEE 187.4 1870 Director Kelley reported on the Board Personnel Committee meeting 187.6 of June 10. Kelley reported the committee, with Director Martin absent, reviewed a draft of a revised employee personnel policy. He said this remained under discussion and would come back to the Board later. 187.7 Kelley reported the committee recommended approval of job 187.8 descriptions for Animal Shelter Director, Shelter Operator and Animal Caretaker. Kelley so moved, seconded by Hess. Upon roll call, the motion passed, 6-0. Kelley reported the committee discussed a new position for an 187.9 Industrial Engineer to develop and implement a Work Measurement Program for the City. He asked Linebaugh to highlight the reasons for the new position. Linebaugh said the staff recommends implementing the program as quickly as possible and, to save time, recommends advertising for a temporary employee to do the work while at the same time searching for a consultant. 183 June 16, 1987 1 1 Linebaugh said after results are seen from this search, a decision would be made as to what would be the best approach. 188.2 Kelley said the committee discussed'waiting until the new City Manager is hired, but staff felt time was of the essence. Kelley said he and Mayor Johnson recommended approval of the staff recommendation. Kelley so moved, seconded by Martin. Linebaugh said $60,000 was budgeted for the project, with $27-30,000 allocated for salary. Johnson commented that a temporary employee might take longer to gather data and implement a program whereas a consultant could do this work in a shorter amount of time because of background material they might have. Linebaugh said there would be a two-year contract. Upon roll call, the" motion passed, 6-0. 188.3 Kelley reported the committee recommended approval of a job description for an Engineering Tech II. Kelley so moved, seconded by Hess. Upon roll call, the motion passed, 6-0. TOWNSHIP GUARDRAIL 114 The Mayor introduced a resolution authorizing approval of a change order to the contract with Sweetser Construction Company, for guardrails along a portion of extended Township Street. She reported the contractor estimates a cost of $6,885. She added fl the total cost of the Township project for 1986 and 1987 is $627,000, with $493,500 spent so far. Johnson said there is reported to be $8,500 available in this project's budget to cover the expense. 188.5 Director Hess, seconded by Kelley, moved approval of the resolution: 188.6 Director Lancaster commented that he approved of the expenditure based on the safety factor, not the fact that funds are available. 188.7 Director Martin commented that he would oppose the motion based on the fact that the need should have been anticipated in the original engineering of the project. 188.8 Upon roll call, the motion passed, 5-1, Martin voting in the minority. RESOLUTION NO. 49-87 'APPEARS ON PAGE 0707 OF ORDINANCE AND RESOLUTION BOOK XiV!1 • June 16, 1987 MUNICIPAL COURT LEVY 183 1 The Mayor introduced an ordinance amending the City Code to 189.1 increase, from $3 to $5, Municipal Court costs levied and collected for administration of justice purposes. The Mayor reported the staff requested this item be tabled. 189.2 Director Hess asked if the law had been changed to allow funds from such a levy to be used for salaries. City Attorney McCord said the reason the staff has asked to table the item is to analyze the item more carefully, as it appears the City cannot increase the administration of justice fee from $3 to $5, but there is a separate Bill which authorizes an increase in the criminal justice fund of up to $4 which could be used for salaries. McCord said the Municipal Court staff will make a recommendation as to what, if any, additional court cost increases should be levied. The Mayor asked the City Attorney to investigate a 25 cent fee 189.3 which was passed for legal education, and another fee for municipal judge retirement. Hess, seconded by Marinoni, moved to table. Upon roll call, the 1811/ motion passed, 6-0. BID AWARDS The Mayor introduced the award of bids for the Public Works 189.5 Department. The Board considered the following five bids, all of which were 189.6 reported to be within budgeted amounts: Bid No. 768, for a truck chassis for the Street Division. The staff recommended the low bidder, C & P Truck Body and Equipment, bidding $28,749; Bid No. 784, for a wheel loader for the Street Division. The staff recommended the low bidder, ACES, Inc., bidding $48,519.47; Bid No. 785, for a 4 -Wheel Drive A11 -Terrain Vehicle for the Wastewater Treatment Plant. The staff reported the two lowest bidders failed to satisfy specifications and recommended the onlyother bidder, G & D Cycle, bidding $3,335; 1 1°0 • June 16, 1987 1 .1 Bid No. 787, for a sludge monitoring system for 'the Wastewater Treatment Plant. The staff recommended award to the only bidder, QED, bidding $7,134.84; and • Bid No. 788, for an automatic sampler for the Wastewater Treatment Plant. The staff reported a tie for the lowest bid between 'the manufacturer and the distributor, and recommended the distributor - Electronic Pneumatic Instrumentation, Inc., bidding $3,688. 190.2 Director Kelley asked why the City needed to purchase a 4 -Wheel Drive A11 -Terrain 'vehicle for the Wastewater Treatment Plant. Public_Works Director Burch said it would be used to check the sludge monitoring wells on the site and would be cheaper than purchasing a 4 -wheel drive truck. Director Hess, seconded by Marinoni, moved approval of the bids. Upon roll call, the motion passed, 6-0. 190.3 The Mayor introducedconsideration of a tractor with loader/backhoe for the Water and Sewer Division. She said the staff reported the apparent low bidder did not meet specifications and recommended the next lowest bidder ACES, Inc., bidding $29,750. Director Hess moved the award of bid to ACES Inc. for $29,750. The motion was seconded by Marinoni and, upon roll call, passed, .6 0. 190.4 The Mayor introduced consideration of the award of Bid No. 786, for a copier for the Wastewater Treatment Plant. She said the staff reported the two lowest bidders did not meet specifications and recommended the third lowest bidder, Standard Office Systems, bidding $6,650. Director Hess moved the bid be awarded. 190.5 Director Johnson questioned whether there was enough of ,a need for "auto -duplexing" at the plant to warrant the $1400 difference in price. Mike Lawrence responded that the staff has done this by hand and evaluated the amount of time that takes. Lawrence said he felt the expenditure was justified over the life of the machine versus the salaries of the staff and the time it takes to do this work by hand. Director Martin seconded the'motion. Upon roll call, the motion passed, 6-0. 190.6 Director Johnson introduced consideration of the award of Bid No. 793, to lease City property on Pump Station Road. She said the staff recommended the property be leased to Rosalyn Nesheim, at a monthly rental of $270. Johnson said the other bidder proposed $230 per month rent. In answer to a question from Director Marinoni, Scott Linebaugh told the Board the house had not been occupied by either of the two bidders. Hess, seconded by Marinoni, moved approval of the lease, at $270, to Rosalyn Nesheim. In answer to a question from Director Kelley, Acting • June 16, 1987 Purchasing Officer Judy Huffaker told the Board the lease was renewable on an annual basis. Upon roll call, the motion passed, 6-0. OTHER BUSINESS PROCEEDINGS STAYED ON UNSIGHTLY PROPERTY The Board considered a request from Harold Jones, representing property owner Ronnie Teague, to stay proceedings on Ordinance No. 3274, approved at the last Board meeting, to raze and remove unsightly property at 236 Huntsville Road. Director Martin said it seemed the owner had appealed to the Board of Adjustment for a decision as to whether his building was 50% or less dilapidated. Martin said it seemed the owner should be entitled to the hearing. The City Attorney explained the Inspection Department could not issue a building permit because it had determined the structure had been damaged in excess of 50%. He said if the Board of Adjustment overturns the Building Inspector's decision then a building permit can be issued. Director Kelley asked if the Board was obligated to give the owner time to be heard. Public Safety Director Coates told the Board the owner had gone past the 30 day time period allowed by the Board to appeal to the Board of Adjustment. Director Martin commented that he still thought the owner should be allowed to be heard by the Board of Adjustment. The City Attorney said that appeal would be heard on July 6. In light of the fact that there will be a Board meeting on July 7, Director Hess moved to stay the Ordinance until July 7. The motion was seconded by Marinoni and, upon roll call, passed, 6-0. Director Hess asked the staff to report to the Board on the actions of the Board of Adjustment. Mayor Johnson asked the staff to notify Harold Jones of the City Board's action at this meeting. PURSLEY VS. CITY The City Attorney advised the Board the Eighth Circuit Court of Appeals voted 2-1 to reverse the U. S. District Court's judgment upholding the constitutionality of the City's anti -residential picketing ordinance. He asked the Board to advise him whether to petition for a rehearing before the full court to review that 191 191 191.2 191.3 191.4 1 191.5 191.6 191.7 1 132 June 16, 1987 1 .1 decision, whether to re -draft the ordinance, or whether to petition the U.S. Supreme Court to review the case. 192.2 Director Hess moved to petition the full court 192.3 The City Attorney told the Board the Circuit Courts of Appeals in the United States differ as to the constitutionality of this type of ordinance, so it is a very "close" question. He added that it is discretionary with the full Court as to whether it will agree to a rehearing. 192.4 The Mayor asked what affect this would have on the the meantime. McCord said he did not think the prosecute on the ordinance until it receives a final 192.5 Director Kelley asked what the cost would be to prepare the petition. McCord said the least expensive response would be just to re -draft the ordinance to conform to the majority opinion of the 3 -judge panel, which could result in the new ordinance being challenged. He estimated the cost to petition for rehearing before the full court to be $2500-$3500. He estimated the cost could be two or three times that amount to petition the U. S. Supreme Court to hear the case. ordinance in City should decision. Director Martin seconded the motion. Upon roll call, the motion passed, 5-1, Director Kelley voting in the minority. FAYETTEVILLE VS. SWEETSER 192.7 In reference to pending litigation, City of Fayetteville v. Sweetser, concerning right-of-way condemned for the extension of Township Street, the City Attorney told the Board the property owner has agreed to a settlement offer of $30,000. He said he submitted a memorandum to the Board outlining the opinions of the various appraisers in the case. He asked the Board to advise as to whether it wishes to settle the case or try the case. 192.8 Director Marinoni said he failed to see that Sweetser's property had been damaged to the extent claimed, and4 expressed a preference for the City to try the case. 192.9 Director Lancaster said he felt like the City "had been took". 192.10 Director Martin said while it may appear to some people that the property has not been changed, to those who have lived there before the construction it might seem significantly different. He said, based on opinions the City Attorney had consulted, he felt it was probably prudent to accept the settlement offer. Martin so moved, seconded by Hess. Director Hess said he was not sure there damage done to the house but he thought could be made on both sides in a court of City might save money by going to court but offset by the cost of the litigation. • June 16, 1987 had been that much persuasive arguments law. Hess said the the savings would be The City Attorney told the Board the City's two appraisals were $7500 and $22,000, including no severance damages; that the property owner's appraisals were for $58,000 and $50,000 but that these included substantial severance damages. He said his consultation with real estate brokers indicated $30-$45,000 in severance damages. He said the severance damages were the critical issue in the case. He said if the case were tried before a jury the City would be facing a substantial amount of "exposure". Director Kelley said in principle he would like to vote against the motion but settlement obviously seemed to be the action the Board needed to take. Director Marinoni said he would vote against it because with this much money involved he thought it ought to go to court for expert testimony to be heard and a decision made by a court rather than by the City Board. 193 19 193.2 193.3 193.4 Upon roll call, the motion passed, 4-2, Directors Marinoni and 193.5 Lancaster voting in the minority. TOWNSHIP STREET CEREMONY Public Works Director Burch told the Board extended Township Street should be open soon and the staff would like to plan a ceremony for July 1. The Mayor asked the staff to coordinate that date with the opening of the Highway 71 Bypass. Burch asked concerning a mentioned an been denied. FLAGS ON SQUARE the Board to hear a request from Don Loftus new proposal for flags on the Square. Burch earlier request of the Public Works Committee had Don Loftus, President of "Downtown Fayetteville Unlimited" (a group of downtown merchants) told the Board that before urban renewal there were many flags around the Square attached to parking meters. He said those parking meters were gone but some of the flags have been salvaged. He said he consulted with Traffic Superintendent Perry Franklin who offered to furnish scrap material which could be used to construct holders for the flags. Loftus asked the City to furnish the scrap material and 193.6 193.7 193.8 f 194 • June 16, 1987 4.. •n`l 111 the services of an employee who would weld brackets onto scrap material to hold the flags. Loftus said the plan was to drive the flag -holders into the ground in places around the Square where there are trees. • 194.2 Director Marinoni asked if this would be a temporary installation. Loftus said at this point they would be temporary but the group wishes for them to be permanent at some point. Loftus said the group, as well as the Traffic Division, does not wish to tear up the sidewalks for permanent installations. 194.3 Burch told the Board the scrap material would consist of two or three-foot sections of damaged sign posts. 194.4 Loftus told the Board the group wished to install approximately twenty flags. Burch told the Board one employee would take three or four hours to do the welding. Loftus said the Traffic Superintendent had told him the City has equipment which can install the posts very quickly. 194.5 Director Marinoni, seconded by Martin, made a motion to approve the request. In answer to a question from Director Hess, Burch said his budget was prepared to handle the expense. 194.7 Upon roll call, the motion passed, 6-0. UNSIGHTLY BUILDING ON SQUARE 194.8 Don Loftus asked the Board if any action had been taken concerning the unsightly condition of the Eason Building on the Square. It was determined that, although windows had been installed recently, no action had been taken by the City against the owner of the building. COMMITTEE MEETINGS 194.9 A Board Personnel Committee meeting was scheduled for Wednesday, June 24 at 2:00 p.m., with Board committee meeting day being moved to Thursday, June 25 at 8:30 a.m. The order of committee meetings was decided to be Public Works Committee first, Public Safety Committee second, followed by Finance Committee. PUBLIC SERVICE CLEANUP PROGRAM 110 Director. Lancaster asked for a report on the Public Service Cleanup Program started two weeks ago. • June 16, 1987 Public Works Director Burch reported the program was "working fair". He said some of those assigned to the program do not show up, but on the first Saturday over 75 bags of litter was collected. He said the parks areas were worked on last weekend. Director Hess asked what was done with people who don't show up. Burch said their names were turned into the Municipal Court. Hess said in the previous program he thought there had been an agreement with the Municipal Court Judge that those who don't show up can be served with a warrant for their arrest, something Hess said put "a little bit more teeth" into the program. Director Lancaster asked that the Board be informed as to the status of those persons who do not show up to work for the program. CITY MANAGER SELECTION PROCESS The Mayor reported the City Manager selection process schedule had been revised and distributed to the Directors, along with information on the latest freedom of information law. She reported 38 applications had been received. MINUTES The minutes of the June 2, 1987 meeting were approved with the following corrections: 161.3 At the end of the first sentence, add "if the petition is determined to be sufficient" ADJOURNMENT With no further business before the Board, the meeting was adjourned at 10:10 p.m. 1U5 19 195.2 195.3 195.9 195.5 1