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HomeMy WebLinkAbout1987-08-18 Minutes257 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville Board of Directors was held on Tuesday, August 18, 1987 at 7:30 p.m. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT:.'`3Mayor Johnson; Directors Martin, Kelley, Marinoni, Hess, Bumpass and Lancaster; Acting City Manager Linebaugh, City Attorney McCord, City Clerk McWethy, Department Directors Burch and Coates; members of the press and audience ROLL CALL 257.1 The meeting was called to order by Mayor Johnson with Directors present. The Mayor asked that there be a pause moment of respectful silence. CITY MANAGER'S REPORT seven for a 257.2 The Mayor introduced the City Manager's monthly report to the public and Board which is presented at the second Board meeting of each month. 257.3 Acting City Manager Linebaugh presented the report (with a written report being distributed in advance to the Directors) which contained a financial summary, personnel summary, major project status reports, and department summary reports for Public Safety, Public Works and Administrative Services. [The report is not included in these minutes because of its length but is on file in the City Clerk's office.] 257.4 It was noted that Linebaugh had distributed a status report to the Directors regarding demolitions of unsafe structures at City expense from 1984 to the present date. ARTS CENTER BID WAIVERS 257.5 The Mayor introduced a request from the City/University of Arkansas Arts Center Council for ordinances waiving the requirements of competitive bidding for architect and surveyor services necessary to construct the Walton Arts Center. 257.6 Frank Sharp, Chairman of Directors a list showing contacted to submit bids for the Council, distributed to the 26 engineers and surveyors who were doing a boundary and topographical 1 r)r F..J� August 18, 1987 survey for -the Arts Center site. He said 8 bids were submitted 258.1 which ranged, from $1,800 to $5,940. He said references were checked for the low bidder, Ozark Mountain Surveying and Engineers, and the Council recommends approval of a bid waiver and authorization to hire Ozark Mountain Surveying and Engineers. The City Attorney suggested incorporating waivers for both 258.2 architect and surveyor services into one ordinance. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-1, Director Martin voting in the minority. 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, 6-1, Director Martin voting in the minority. The ordinance was read for the third time. Director Martin asked Sharp if the process used was a formal 258.3 bidding procedure, and he asked why the Board should waive the requirements for competitive bidding. Sharp said the Council tries to follow the selection process used by the City and the University. He said the City Attorney advised him to seek the waiver. The City but did He said, would be Attorney explained the Council took "competitive, quotes" 258.4 not advertise in the newspaper as required by statutes. in view of a recent Supreme Court decision, a bid waiver required. Director Martin asked when the work is expected to begin. Sharp 258.5 responded that the company could start in a matter of days. Director Hess asked if the survey would encompass proposed for the location of the Arts Center. Sharp block from School to West and Dickson to Spring would be to establish property lines, utilities, and a map architects to use. the•area 258.6 said the surveyed for the Director Bumpass asked why the City and University must be the 258.7 contracting parties. He said there was some misconception on the part of the Board regarding responsibilities for the contracting for the construction. The City Attorney explained that the title to the property will be in the name of both the City and the University, and not the Arts Council. The City Attorney said, if the Council's recommendation of a resolution should be approved respective contracts. Board is inclined to accept the 258.8 surveyor. and an architect, a authorizing execution of those • 259 259.1 Upon roll call, the ordinance passed, 7-0. ORDINANCEO. 3287 APPEARS ON PAGE of/,? RESOLUTION" -BOOK X Xf I/ August 18, 1987 OF ORDINANCE AND 259.2 Director Bumpass moved a resolution authorizing the Mayor and City Clerk to execute contracts with parties as previously discussed. The motion was seconded by Director Kelley and, upon roll call, passed by a vote of 7-0. RESOLUTION NO. 56-87 APPEARS ON PAGE ;735/ OF ORDINANCE AND RESOLUTION BOOK XXVI1► UTILITY EASEMENT VACATION 259.3 The Mayor introduced an ordinance vacating and abandoning the south 12' of a 20' utility easement located on Robin Road in the Brookside East Subdivision, between Lots 87 and 88. Claude Prewitt of Lindsey and Associates was present to speak on behalf of ;the request. 259.4 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. 259.5 Director Martin asked if there was any urgency to the request. Prewitt said he represented the sellers, Doyle and Jennifer Henning. He said there was an emergency involved in that there was an encroachment over the easement which was discovered when a survey was done in order to obtain title insurance, and which is preventing the sale from closing. 259.6 In answer to a question from Director Kelley, Public Works Director Burch said the staff recommended the vacation. 259.7 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. 259.8 Director Bumpass asked if the owner next door to the property had been given notice of the request. Prewitt said this had not been done. He said there were no utilities located in the easement and pointed out the utilities were located in a 20' easement on the rear of the lots, with the City water and sewer being located on the front of the lots. 1 Director Marinoni said the Board viewed the lots and they do not appear to be forty feet there are two 20' easements between the obviously one (or perhaps two) of the houses easement. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3288 RESOLUTION BOOK XT X/1/ MW August 18, 1987 houses on the two 260.1 apart, even though houses. He said were built on the APPEARS ON PAGE 2/3 OF ORDINANCE AND R-O-W/ALLEY VACATION 260.2 The Mayor introduced a request for an ordinance vacating and 260.3 abandoning a portion of street right-of-way of Sequoyah Drive, located between N. Skyline Drive and Loraine; and a portion of an east -west alley located between Sequoyah Drive and Williams Drive; left on second reading on August 4th. David Randle, owner of property west of Sequoyah Drive, addressed 260.4' the Board. Randle said he contacted the City Engineer and was told by someone on his staff that a topographic map for the area shows there to be a 35' fall from Skyline Drive north to Loraine, for a distance of 300 feet, equating to an 11.67% grade. He said the map shows there to be a 30' fall for 300 feet from Loraine to Rex, equating to a 10% grade. He said the entire 600 foot distance would have a 65' fall or a 10.83% grade. Randle said the grade was well within the 15% required limit. Randle asked McCord if he had researched the recent Supreme Court 260.5 decision which might benefit Greg House. McCord said the decision was not "directly in point" and he could not give a conclusive opinion on what a court would hold under the facts of this case. • Randle said if the Supreme Court decision would allow a private 260.6 party to use this property for their own purposes, then it should be allowed for. both property owners. Director Hess asked Randle if he would not be opposed to House building a private drive if he (Randle) was permitted to use it. Randle repeated his statement that, if the Supreme Court decision would allow a private party to use public property, then it should be available to both property owners. Randle said he preferred to leave the street as it is. Director Martin said his company requests the reservation of a utility easement and therefore he would abstain from discussion and voting. 26047 August 18, 1987 261.1 Director Lancaster said although the street is not needed by the City at this point, it is not known what will happen in 10 or 15 years from now. 261.2 Public Works Director Burch disagreed with Randle's statements as to grade. He told the Board there was an 80' drop for 500 feet. 261.3 Director Hess asked Greg House if he had initially offered to build a City street. House said that he had but the City Engineer said the City would not want to maintain a street at that grade, and suggested House build a private drive. House pointed out that, if the vacation were approved, Randle would receive half of the right-of-way which he could use for access should he decide to develop his property. 261.4 Director property future. Lancaster said he was not eager to give away public for private use that might be used by the City in the 261.5 Director Marinoni suggested the Board vote separately on the vacation requests for the street and alley. 261.6 Director Hess said he thought all parties would be accommodated if the City permitted House to build a street to City standards. Director Bumpass agreed this would be the logical thing that would solve everybody's problem. 261.7 Mayor Johnson noted that Arkansas Western Gas and the City of Fayetteville had requested easements. 261.8 City Attorney McCord said House had obtained cost estimates on building a street to City specifications and determined that it would be cost -prohibitive. McCord said if the Board is not inclined to vacate Sequoyah street right-of-way, House would prefer the alley be vacated. McCord said this would combine two lots into one, giving House access off Skyline Drive. 261.9 In answer to a question from Director Kelley, David Randle said he was not opposed to vacating the alley. The City Attorney said the ordinance could be amended, as read, to merely vacate the alley and not the street. He added that the ordinance, as read, retains the utility easements requested. In answer to a question from Director Bumpass, nearby property owner Fred Hunt said he had no objection whatsoever to closing the alley but suggested the entire alley be closed. 261.10 Director Marinoni, 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. Director 1 • August 18, 1987 •1) Marinoni, seconded by Hess, moved the ordinance be amended to 262.1 include the vacation of the east -west alley between Lots 5 and 6. Director Hess said he would not object to closing the entire 262.2 alley but pointed out the owner of Lot 4 should be notified first. Greg House said that Bill Bracey owns Lot 4. Upon roll call, the ordinance failed, 3-3-1, Directors Kelley, 262.3 Marinoni and Hess voting in favor, Directors Bumpass, Johnson and Lancaster voting against, and Director Martin abstaining. Director Bumpass suggested House be permitted to build a City 262.4 street or be given special relief from the City Engineer for access to his lot. Director Kelley asked, since the petitioner and the neighboring 262.5 property owners had attended so many Board meetings, if a motion could be made to approve the vacation of the entire alley, subject to the approval of the owner of Lot 4. The City Attorney said an ordinance could be passed to close the entire alley, without an emergency clause, and if Bracey did not approve of it within 31 days, the ordinance could be repealed, so that the property owners would not have to come to another meeting. Director Kelley so moved the recommendation of the City Attorney. There was no second to the motion. 262.6 The Mayor told House such a request could be presented at an 262.7 agenda -meeting and approval would be a matter of course, if all the property owners have signed a petition. The City Attorney told the Board an ordinance would still have to be passed. The Mayor said the signatures of all the property owners would suffice and an ordinance could be read three times at one meeting. SIGN ORDINANCE CHANGES The Mayor introduced an ordinance amending the City's Sign Ordinance. She said amendments were considered by the Public Safety Committee on June 10 and at the Board agenda meeting on August 12. City Attorney McCord read the ordinance for the.first time. Director Martin suggested, in the interests of making sure citizens be heard, the ordinance be left on first reading. 262.8 262.9 262.10 �63 August 18, 1987 263.1 Director Hess, with other Directors expressing agreement, asked if the staff could be instructed to publish the specifics of the ordinance when tfie agenda is published. 263.2 In answer to a question from Director Martin, Public Safety Director Coates said the staff concurred in the changes as requested by the Board. 263.3 The City Attorney asked the Board if they wished to adopt the ordinance designating U. S. Highway 71 Bypass and a portion of U. S. Highway 471 (between the north intersection of the Highway 71 Bypass to the north corporate limits) as controlled access highways. Director Lancaster, with Mayor Johnson concurring, said he thought that should be done because there would be no objection. 263.4 City Attorney McCord read that ordinance for the first time. Director Bumpass, seconded by Marinoni, made a motion that the rules be suspended and the ordinance be placed on its second reading. Upon roll call, the motion passed, 7-0. McCord read the ordinance for the second time. Director Bumpass, seconded by Marinoni, made a motion to further suspend..the rules and place the ordinance on its third reading. Upon roll call, the motion passed, 7-0. McCord read the ordinance for the third time. 263.5 Director Martin asked what the significance was of a controlled access highway. The City Attorney said a larger sign was permitted if property abuts Director Lancaster said this erected in front of "El Chico's" a controlled access highway. would affect signs such as those and "The Red Lobster". 263.6 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3289 APPEARS ON PAGE 02/1 OF ORDINANCE AND RESOLUTION BOOK )(X/ V SIGN APPEAL 263.7 The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for a sign for "Long Ago Antiques" at 1934 East Huntsville Road. The Mayor explained permission is requested for two 18" x 24" freestanding signs in a planter located 43 feet from the centerline of the street, and one 32 square foot wall sign on the building. She told the Board freestanding signs were prohibited in an R-1 District and the wall sign may not exceed 16 square feet. 1 264.1 August 18, 1987 4.1 The petitioner said he wished to put a signon two sides of a stone planter which in his mind was like one two-sided sign. He said he presently is displaying two temporary signs. 264.2 Director Marinoni asked why it was necessary to have 32 square feet of wall sign rather than the required 16 square feet. The petitioner said his building was 100 feet back from the road. 264.3 Director Bumpass asked if it would be better to have an entrance and exit sign, smaller and closer to the road. 264.4 Director Martin, seconded by Bumpass, moved approval of the request. 264.5 Inspection Superintendent Freeman Wood told the Board the petitioner has a conditional use for a commercial activity in an R-1 zone. 264.6 The Mayor said she saw no hardship which would necessitate the petitioner having a 32 square foot wall sign. 64.7 Director Martin commented that the property had been annexed to the City while it was being used commercially. He said he would support the size of the wall sign because it is a long, narrow lot on a major arterial with a considerable setback. He said he thought there was a hardship in terms of seeing the sign as you go by. He said the landscaping of the parking lot does not detract from the neighborhood. The petitioner said his neighbors cannot see the side of his building because the City required him to built 750 feet of 6' tall fencing around the building. 264.8 Upon roll call, the motion passed, 5-2, Directors Johnson and Lancaster voting in the minority. 264.9 UNSIGHTLY PROPERTY/STIRMAN AVENUE The Mayor unsightly structure on August introduced an ordinance ordering the abatement of conditions and the razing and removal of an unsafe located at 1717 Stirman Avenue; left on first reading 4th. 264.10 The Mayor said the staff requested this item be tabled or left on second reading. .4. '111 4.11 Director Martin, seconded by Kelley, moved to table. In answer" to a question from Director Bumpass, Martin said his intent was to table this item until the next meeting. Upon roll call, the motion passed, 6-1, Director Hess voting in the minority. • • • August 18, 1987 UNSIGHTLY PROPERTY/SOUTH WILLOW AVENUE 265.1 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 208 South Willow Avenue. 265.2 The City Attorney read the ordinance for the first time. 265.3 Director Bumpass requested the staff inform the owner that the ordinance has been read once and will be taken up again at the next meeting. 265.4 In answer to Director Coates on June 29 and that time. UNSIGHTLY 265.5 The Mayor unsightly structure a question from Mayor Johnson, Public Safety said the owner was given a thirty -day extension no response has been heard from the owner since PROPERTY/STONE STREET introduced an ordinance ordering the abatement of conditions and the razing and removal of an unsafe located at 1742 Stone Street. 265.6 The City Attorney read the ordinance for the first time. 265.7 Director Bumpass asked if there were any different deadlines in cases such as this in the event an owner obtains a building permit. Inspection Superintendent Freeman Wood said in some instances he imposes different deadlines. He said that, in the case of the property at 1717 Stirman, he gave the owners a deadline of 45 days because they could not afford to pay for a permit until the first of the month. He said that was why the staff requested that ordinance be left on first reading, to give the owners a chance to pay for a permit. He said licensed plumbers and electricians must be used for work on rental property, but this is not required for owners who live in the structure. PERSONNEL POLICY 265.8 The Mayor introduced a resolution authorizing approval of a revised personnel policy for City employees which she said had been reviewed by the Board Personnel Committee and by the Board in the Agenda Meeting last week. 265.9 Director Marinoni asked if the policy included comp time. Linebaugh said the policy before the Board contained the existing comp time policy. 1 '66 August 18, 1987 The Mayor said she had suggested there be a "sick leave bank" 266.1 rather than accumulating the present maximum number of 128 days. She remarked that no change had been made in the proposed policy. Linebaugh said the policy contains the old provision. • Director Hess said he would not be able to approve the policy because the new City Manager had not had any input. Linebaugh said there were so many things for the new City Manager to address when he arrives that the personnel policy may experience an even longer delay. He said the staff feels some important aspects of the policy need tobe in effect as soon as possible, with the new City Manager being able to make amendments at a later date when he has had time to study it. Director. Hess said he wouldn't discuss it now but thought comp 266.3 time was a major issue which needed to be addressed along with the other important items in the policy. Linebaugh said the staff agreed that comp time was a major issue and therefore felt it should be set aside while the remainder of the policy is approved. 266.2 Director Bumpass said the City Manager may feel married employees 266.4 should not work for the City and that the 90 -day policy should apply to all present employees. Bumpass said the City Manager should review the policy. Bumpass said he didn't like the holidays in the policy and there were several reasons why he couldn't vote for the policy. Director Martin said he thought it was the Board's policy, and 266.5 that the staff had done a terrific job of trying to clear up some unclear portions of the policy. He said the Board had spent a significant amount of time and each Director has some disagreement with some part of the policy, which he said would happen even when the new City Manager has reviewed the policy. He said he would be receptive to suggestions from the new City Manager: but hated for him to find a mess of a personnel policy. Director Lancaster -asked Linebaugh to explain "Worked Time". 266.6 Linebaugh said the current policy requires an employee to work 40 hours (excluding holidays) before overtime may be earned. He said the revised policy would include holidays and vacations in "worked time". He said sick time would not be included in "worked time". Director Bumpass, seconded by Marinoni, moved to table 266.7 consideration of the personnel policy. Director Kelleypointed out if the Board had approved the new 266.8 policy when it was first introduced the staff would have been able to use it to manage the employees for at least sixty days, • • 2G7 August 18, 1987 267.1 and it would probably have created a little bit better atmosphere. He said he thought the City needed to be consistent in its treatment of employees. Kelley said he thought the Board should approve the recommendations of the staff and the Personnel Committee and let the Acting City Manager manage the employees. 267.2 Upon roll call, the motion passed, 5-2, Directors Martin and Kelley voting in the minority. Director Johnson asked the Directors to identify those items with which they disagree. She said perhaps it was a failure on the part of the Board not to have scrutinized the policy as closely as it should have at the agenda meeting. 267.4 Director Kelley asked for how long the policy would be tabled. Bumpass said it was his intent to table it until the City Manager has an opportunity to review it. 267.5 The City Attorney said that, according to Robert's Rules of Order, if no deadline is specified in the motion, a motion may be made "to take from the table" at any time thereafter and, if it receives the requisite votes, the matter can be reconsidered at that time. 267.3 267.6 Director Lancaster said that, when he voted on the motion, he wasn't voting to table but thought he was voting to approve the policy, because "the employees didn't get us in the mess we're in..." 267.7 Director Bumpass said he didn't think he should treat City employees any different than he sees other employees being treated in the City or in his business. He said it was an extremely liberal treatment of employees "from A to Z", he didn't know of any institutional policies that go along with this and he wanted an opportunity to do some research on that. 267.8 Kelley said he thought there were some areas which were more liberal than industry in Fayetteville, he thought those points could be discussed and changed in the future, but he thought there were some conservative changes which give authority to the staff to manage the employees. 267.9 Director Martin said this was the equivalent of a filibuster, in that the Directors postponed the entire policy in order to attack their individual ideas, even though the policy was discussed in committee and generally approved, with a consensus being to bring it to a Board meeting. 267.10 The Mayor said there were some items in the policy that were extremely liberal and, if they were to be approved now _, - and then taken away later, it would hurt 1 1 Si.aYryv.. ... August 18, 1987 68 , morale of the staff. Kelley asked if any of the revisions make 268.1 any policies more liberal than they were previously. Linebaugh said the holidays were increased after a survey of other towns indicated the average was higher than what Fayetteville offered. Director Lancaster moved to take the personnel policy from the 268.2 table. The motion was seconded by Martin. Upon roll call, the motion failed, 3-4, Martin, Kelley and Lancaster voting in favor and Marinoni, Hess, Bumpass and Johnson voting against the - motion. WASTEWATER TREATMENT PLANT The Mayor introduced a request from the Public Works Director for 268.3 authorization of a modification to the City's contract with Olson Construction Company, for construction of the Wastewater Treatment Plant, for approval of seven electrical items and one addition of pipe and fittings, resulting in a net increase of $5,584. Director Bumpass said he would abstain from voting due to an 268.4 attorney-client relationship. Director Marinoni, seconded by Lancaster, made a motion to 268.5 approve the contract modification. Upon roll call, the motion passed, 6, 6Director 37-97 Bumpassg'2 abstaining. XXV I I ANIMAL INCINERATOR The Mayor introduced consideration of quotations received for the 268.6 purchase of an incinerator for the Animal Shelter. She said the Purchasing Officer and City Engineer recommended the lower of two quotations, from U.S. Recycle Corporation which submitted a quote of $22,040. She said $40,000 was budgeted. Director Lancaster, seconded by Bumpass, moved that the 268.7 recommendation be approved. Upon roll call, the motion passed, 7-0. BUDGET ADJUSTMENTS The Mayor introduced a resolution authorizing approval of eight 268.8 budget adjustments. Director Lancaster made a motion they all be approved. The Mayor 268.9 said these were included in the June Financial Statements and '.''1]] till August 18, 1987 269.1 have offsetting budget adjustments. The motion was seconded by Marinoni and, upon roll call, passed by a vote of 7-0. RESOLUTION NO. 58-87 APPEARS ON PAGE „al OF ORDINANCE AND RESOLUTION BOOK X XViij EXECUTIVE SESSION 269.2 Director Martin moved the Board meet in executive session to discuss terms and conditions of the Acting City Manager's job. The motion was seconded by Director Kelley and, upon roll call, passed, 7-0. 269.3 The Board met in executive session from about 9:20 p.m. to about 10:03 p.m., at which time the meeting was reconvened. 269.4 The Mayor announced that the Board talked about the job Scott Linebaugh has been doing as Acting City Manager. She said she thought the philosophy was he has done an excellent job and the Board appreciates it. She opened the floor for a motion to grant him a salary bonus to compensate him for the time he has spent as Acting City Manager. 269.5 Director Martin, seconded by Bumpass, moved the Acting City Manager be granted a $2500 bonus for his services in the absence of the City Manager, payable as soon as practicable. Upon roll call, the motion passed, 7-0. MINUTES 269.6 The minutes of the Board meetings of August 3, 4, 5, 6, 7 and 10 were approved with the following correction: 235.4 Add "Director Bumpass voting in the minority." ADJOURNMENT 269.7 The meeting was adjourned at about 10:08 p.m. 1 1