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HomeMy WebLinkAbout1987-11-17 Minutes1 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, November 17, 1987 at 7:30 p.m. in the Directors' Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson, Directors Lancaster, Kelley, Marinoni, and Hess; City Manager Pennington, City Attorney McCord, City Clerk McWethy, Departments Directors Burch, Coates and Linebaugh; members of the press and audience ABSENT: Directors Martin and Bumpass CALL TO ORDER The meeting was called to order by the Mayor, with five Directors present. The Mayor asked for a moment of respectful silence. REPORT TO THE PUBLIC City Manager Pennington presented the report to the public and Board for the month of October. Featured in his report was a financial summary, personnel summary and status reports on major projects. Major projects covered were the Arts Center, the 5 -Year Plan, Warner Cable franchise negotiations, the Wastewater Treatment Plant construction project,..., the. Sludge. Management System project, the Collection System Improvements projects, and the solid waste incinerator project. [The report, in written detail, is on file in the City Clerk's Office.] In answer to a question from Director Kelley, Pennington said site selection for the incinerator is a decision to be made by the Northwest Arkansas Resource Recovery Authority. He said final approval of the site would be made when results have been received from the air modeling study. The City Attorney said the Authority Board would have to submit an application for an air permit for the site. Pennington told the Board he would provide them with a map showing the location of the Wastewater Treatment Plant facility and the tentative site for the incinerator. r 4 • 374.1 374.2 374.3 Director Hess remarked that Water and Sewer expenses were in excess of 374.4 revenues. He asked what percentage was due to deterioration of the infrastructure. Pennington said he would provide a report on that, noting that information would be gathered for a capital improvement program Director Kelley asked that the ratio of cash, and investments to assets be 374.5 compared to that of other communities. • • • • • 375.1 375.2 November 17, 1987 Pennington reported the Parks Department had received national recognition because of an article published in Park Maintenance and Grounds Management magazine featuring Fayetteville's use of vandal -proof, pre -cast concrete restrooms. CD BUDGET The Mayor introduced approval of the 1988 Community Development Block Grant budget. She told the audience that public hearings were held at the October 20 and November 3 Board meetings, to receive input on projects to be funded in 1988. The Mayor announced that the City Manager had a recommendation for projects to be funded in 1988 [more than 51% of which would benefit Low -to - Moderate -Income Families]. These were read by the Mayor: Administration and Indirect Costs EOA Weatherization Health Center/St. James Church Rehabilitation Willow Street Improvements (Center to Huntsville, 1500', asphalt overlay, 22' wide, curb and gutter one side, storm drainage) Spruce Street Improvements (Concrete, curb and gutter, storm drainage, reduces width, 650') Parks and Recreation Jefferson Park Playground Equipment Walker Park Playground Equipment Walker Park Handicap Drinking Fountain Housing Rehabilitation Program Demolition/Code Enforcement $68,150 3,500 17,500 95,400 78,300 28,000 85,550 7,000 Approximate Total Funding Available $383,400 375.3 In answer to a question from Director Hess, Pennington said Demolition/Code Enforcement was an experimental program which would include the establishment of policies and procedures to be approved by the Board, and which would allow for demolition of blighted vacant structures in cases where owners cannot be found or the owner's income is very low. He told Director Hess a lien would be placed on the property and the money would go back into the Community Development Program 375.4 Director Johnson said she thought this recommendation set up a definite community development area where C. D. funds can be centered and make an impact on a larger area. 375.5 In answer to a question from Director Hess, Pennington said funds for administration and indirect costs were fixed. Hess asked how accurate the estimates were for the street improvements. He asked if a project would not be dcne if the bid came in over-estimate. Pennington said the estimates were based on engineering projections. He added that amendments can be made 1 • ..4;; • November 17, 1987 to projects, although the amendatory process is tedious and involves additional public hearings and re -approval. Community Development Director Carlisle explained that every contract contains alternates, so that if a bid comes in over -price, something can be cut,'and a project will never run over -budget. Director Marinoni asked the City Manager how strong his recommendation was for curb and gutter on street improvements, noting that asphalt would be cheaper and allow for more CD funds for other projects. Pennington said the recommendations for curb and gutter reflect the preferences of the Public Works Department. Public Works Director Burch told the Board that, if the street is not curbed, guttered and drained, the asphalt wouldn't stay on anyway. Burch added that asphalt surfacing would just be "throwing away the money." Director Hess asked if the Board could consider deducting an additional $6,000 from Housing Rehabilitation funds..,tobe added to the Health Center request. Bruce Culley, speaking on behalf of the Health Center request, said that SEFCAC did not receive the $32,000 grant as was originally thought (to be used for salary and fringe for a para -professional for the Health ,Center). In answer to a question from Director Lancaster, Culley said there was no funding source or contributions to cover the 18% of health center patients which come from Washington County., The City Manager recommended, because there were still some unknowns such as the ownership of the building, and whether or not'the City could protect the federal government's investment in the building, that there be legal documents drawn up between SEFCAC and the church, and between the City and the Health Center organization. He recommended the project be authorized but funds not be expended until the details are worked out. Culley agreed, adding that the funding, if approved, couldn't possibly start until next year, perhaps in the early Spring. He said other avenues must be pursued, because according to the Board of Adjustment, the building is scheduled to be torn down. Director Kelley, seconded by Lancaster, made a motion to approve the Community Development budget as presented by the City Manager. Director Hess asked the City Manager if he was in favor of taking $6,000 out of housing rehabilitation funds to be put into the Health Center. Pennington said that, at this time, he would not want to amend the program as presented. He said if the Board feels this is a highly desirable thing to do at some time in the future, a proposal could bee made in that direction. Lancaster noted that the reason the building was to be torn down was to comply with a parking requirement, but that now parking has been obtained somewhere else. He asked Culley if the Quorum Court couldn't be asked to 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 r-4 10-••• r November 17, 1987 377.1 help in some way, either financially or by doing some work inside the building. 377.2 Upon roll call, the motion passed, 5-0. RESOLUTION NO. 91-87 APPEARS ON PAGE BOOK )()( V 1 I 1/4-3 OF ORDINANCE AND RESOLUTION 377.3 Roscoe Anderson, resident of Lawson, reiterated a request he had made at one of the public hearings that improvements be made to Lawson Street because of the dustiness of the road. Director Lancaster explained to Mr. Anderson that, although there were no more CD funds available, perhaps the staff could be advised that this street might be included in the City's street maintenance program REZONING 377.4 The Mayor introduced an ordinance rezoning property located east of Block Avenue about 100 feet north of Spring Street, from R-0 "Residential Office" to C-2 "Thoroughfare Commercial". The Mayor reported the rezoning was recommended by the Planning Consultant and the Planning Commission, by a vote of 7-1. - 377.5 The City Attorney read the ordinance for the first time. The Mayor asked if anyone present wished to speak against the ordinance. No public opposition was expressed. Director Hess, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the second time. Director Lancaster, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. 377.6 George Faucette, Jr. was present to represent the petition. There being no questions from the Board, the roll was called and the ordinance passed, 5-0. ORDINANCE NO. 3311 APPEARS ON PAGE an/ OF ORDINANCE AND RESOLUTION BOOK/XIV REFUNDING BONDS 377.7 The Mayor opened a public hearing on the proposal to issue up to $4,900,000 of the Fayetteville Public Facilities Board Adjustable Rate Psychiatric Hospital Refunding Revenue Bonds. 377.8 The City Attorney explained the Public Facilities Board would issue the bonds and the correct amount was actually $4.375 million. He explained in 1982 the Facilities Board issued $5 million in tax-exempt revenue bonds to finance the construction of Charter Vista Hospital at 4253 Crossover Road. 1 1 • 1 November 17, 1987 r He explained the interest rate on the original:bonds:was quite high and it now is to the advantage of the company to refinance the bonds. He said these would be special obligation bonds secured solely by project revenues and the company pays the principal and interest on the bonds He said, in the unlikely event of default, there was_absolutely no exposure on the City of Fayetteville or the Facilities Board. He said the refunding bonds would be secured by a bank letter of credit. The Assistant Treasurer of Charter Medical Corporation was present. «. v McCord said a new State law requires the City Board to adopt an ordinance authorizing the Fayetteville Public Facilities Board to issue bonds. The Mayor asked if anyone wished to speak against issuing the bonds. No public opposition was expressed. In answer to a question from Director Lancaster, McCord explained $4.375 million would cover the refunding of the outstanding original bonds, plus the cost of issuance of the refunding bonds. He said since the original bonds were issued in the amount of $5 million some of the principal has been retired. The public hearing was closed and the Mayor asked the City Attorney to read the ordinance. The ordinance was read for the first time. Director Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the second time. Director Lancaster, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. Upon roll call, the -ordinance passed, 5-0. ORDINANCE NO. 3312 APPEARS ON PAGE 24 3 OF ORDINANCE AND RESOLUTION BOOK i(X/ J/ SIGN APPEAL The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for a sign located at 1617 North College Avenue. She said the petitioner requests tabling of the appeal until the next meeting. Director Hess, seconded by Kelley, made a motion to table the appeal until the next meeting. Upon roll call, the motion passed, 5-0. SIGN ORDINANCE AMENDMENT The Mayor introduced an ordinance amending the City's Sign Ordinance as it applies to real estate signs. The Mayor explained the request came from the Fayetteville Board of Realtors. u!$ 378.1 _378.2 378.3 378.4 378.5 378.6 378.7 378.8 ., ,-4 0 lull' November 17, 1987 379.1 The City Attorney explained the staff recommended approval of the request in the form of an amendment to the exemption in the Ordinance for real estate signs. He said the Realtors wished to be able to erect more than one sign per lot, to accommodate co -listings, and the amendment would allow two signs if there is a co -listing. He said it would permit freestanding real estate signs in an R-1 district, which are currently prohibited. He said it would allow the signs to be located ten feet from the street, rather than being required to be set back 15 feet from street right-of-way. McCord said the staff was convinced the proposed amendments were in the spirit of the Sign Ordinance and are needed to accommodate a service the real estate business provides to the general public. 379.2 Director Lancaster commented that the staff recommendation was in line with the Board's discussion at its last agenda meeting. 379.3 Marinoni asked about off-site, directional, real estate signs. McCord said the current ordinance prohibits such signs and the recommendation does not authorize such signs. In answer to a question from Director Hess, McCord said they were still illegal if they were placed in the yard of a person giving permission. 379.4 The City Attorney read the ordinance for the first time. Director Lancaster, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5- 0. The ordinance was read for the second time. Director Lancaster, 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, 5-0. The ordinance was read for the third time. 379.5 George Faucette, local realtor, said his company had a special problem because occasionally they have a property which is for rent and for sale at the same time, and they need two signs for this purpose. He asked if this problem could be accommodated. 379.6 Director Lancaster suggested that request be considered by the Board at some other time. The City Attorney said it would be a simple amendment if the Board was receptive to that need. Lancaster said he thought the Sign Ordinance was a sensitive problem and he thought a new amendment should be considered carefully and discussed at another time. The City Attorney asked George Faucette to submit a request to him, stating he would draft the necessary amendment at a later date. 379.7 Director Marinoni suggested an eight square foot real estate sign should have room to add a rider to the sign. 379.8 Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3313 APPEARS ON PAGE an.? OF ORDINANCE AND RESOLUTION BOOK XX/V 1 1 • • UNSIGHTLY PROPERTY/BLAIR AVENUE • November 17, 1987 The Mayor introduced an ordinance ordering 'the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 525 Blair Avenue; left on first reading at the.November 3 meeting. Director Hess, seconded by Marinoni, made a•motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The City Attorney read the ordinance for the second time. In answer to a question from Director Hess, Inspection Superintendent Freeman. Wood said the property owner told him he intends for the City to tear the structure down. Director Marinoni, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion failed, 4-1, Johnson voting in the minority. •1 II n 380.1 380.2 380.3 380.4 The ordinance was left on second reading. 380.5 UNSIGHTLY PROPERTY/SOUTH COLLEGE AVENUE The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 110 South College Avenue; left on first reading at the November 3 meeting. 380.6 The City Attorney read the ordinance for the second time. 380.7 Director Kelley asked if the owner, Mr. Bullington, had made progress on this project. Wood said he had a letter dated sometime last week which states Bullington would take care of the project in 45 days. Director Kelley asked if the ordinance could be tabled until the 45 days elapsed. The Mayor said the ordinance could be read the second time at this meeting, and read the third time at the next meeting, after which the owner would have thirty days. Kelley said, since the owner has plans to take care of the problem, and in light of his commitment, the Board should table the ordinance. Wood said the owner was kind of upset and he thought the owner would be happier if the Board would table the ordinance. 380.8 380.9 Kelley, seconded by Lancaster, made a motion to table the ordinance until ::380.10 January 1, 1988. Upon roll call, the motion passed, 5-0. November 17, 1987 UNSIGHTLY PROPERTY/NORTH COLLEGE AVENUE 381.1 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located behind 2807 North College Avenue; left on first reading at the November 3 meeting. 381.2 Director Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. 381.3 Inspection Superintendent Freeman Wood reported he had talked with the property owner and learned he had three problems: (1) the existence of a high pressure gas line; (2) lateral lines to a septic tank; and (3) trees which prohibit him from moving in heavy equipment. Wood said the owner explained he would have to dismantle the structure by hand and estimated it would take two to three weeks. Wood said the owner appeared to be making some progress. 381.4 Director Kelley moved the ordinance be tabled until December 1, 1987. Director Hess seconded the motion. Upon roll call, the motion passed, 5-0. UNSIGHTLY PROPERTY/JANICE AVENUE 381.5 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 1775 Janice Avenue; left on first reading at the November 3 meeting. 381.6 Director Kelley asked for a status report. Director Marinoni, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. 381.7 Inspection Superintendent Wood said there has been no change in status since the last meeting, adding that the property owner has not contacted him. 381.8 Director Hess asked if the City had to pass an ordinance to raze and remove a structure which is not in compliance with the building code, in order to have the court levy fines. The City Attorney said that passage of the ordinance is not a prerequisite to criminal prosecution. He said that the prosecutor has to file an information, and the case is tried in Municipal Court, unless the defendant pleads guilty. He said if the court finds a violation, fines are levied. Hess said he wouldn't vote for the ordinance because he didn't believe it was proper to raze this house, given its condition. Hess said he would prefer to have the violations cited and if there is no compliance or cooperation from the owner, to then proceed with prosecution and levy fines. 381.9 Upon roll call, the motion failed, 4-1, Director Hess in the minority. The ordinance was left on its first reading. 1 1 1 • • November 17, 1987 'Y Director Hess asked if the staff would investigate prosecuting this issue. The City Attorney said he was not sure prosecution'in Municipal Court was the most expeditious manner in which to accomplish having the structure in compliance with building and housing codes. He said he' would.research another remedy, that of the City bringing an action'in Chancery Court for a mandatory injunction, ordering the property owner to rehabilitate the structure to conform with the building and housing codes. He said a violation can be enforced through sanctions by the Chancellor. The City Attorney said he would provide the Board with a memorandum on the applicable law. T -HANGAR RENEWAL • v (.i C. 382.1 The Mayor introduced a resolution authorizing the Mayor and -City Clerk to 382.2 execute the renewal of a one-year lease with Wheeler Motor'Company, for space in T -Hangar B at the Fayetteville Airport. The Mayor explained the rental would be $110 per month. Director Lancaster, seconded by Kelley, made a motion to approve the 382.3 resolution. In answer to a question from Director Hess, Airport Manager Frederick said rents were still competitive. Hess asked when Frederick would feel comfortable with raising the rates. Frederick said the staff was hopeful rates could be raised in 1988. In answer to a question from Hess, Frederick said the hangars were presently fully leased. 382.4 Frederick explained leases coming before the Board now all contain a 382.5 provision for up to five additional one-year terms. Director Kelley asked if any progress had been made on long-term financing for T -hangars. Administrative Services Director Linebaugh said the staff was waiting to get financing on "a whole group of capitals" so that it can be done all at once. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 92-87 APPEARS ON PAGE Y% d OF ORDINANCE AND RESOLUTION BOOK X0/// 382.6 382.7 lt '1 i (../1 k) November 17, 1987 T -HANGAR RENEWAL 383.1 The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a one-year lease with Rick McKinney, for space in T -Hangar B at the Fayetteville Airport. 383.2 Director Lancaster, seconded by Kelley, made a motion to pass the resolution. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 93-87 APPEARS ON PAGE BOOK )(Min / 1 MAINTENANCE AGREEMENT y7s OF ORDINANCE AND RESOLUTION 383.3 The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a one-year Agreement with Johnson Air Conditioning Center for maintenance on the heat and air system for the Airport Terminal Building. She reported five quotes were submitted, with Johnson's being the lowest, at $1,710. 383.4 383.5 Director Lancaster, seconded by Marinoni, made a motion to pass the resolution. Director Hess said it would be helpful if the budgeted figure could be provided, so that he can tell how much the bid is within the budgeted amount. 383.6 Upon roll call, the motion passed, 5-0. RESOLUTION NO. 94-87 APPEARS ON PAGE fl 0 OF ORDINANCE AND RESOLUTION BOOK XXV/I! FUEL HANDLING STANDARDS 383.7 The Mayor introduced a resolution adopting minimum standards and permit for non-public aircraft fuel dispensing/handling. requiring a 383.8 Director Lancaster, seconded by Hess, moved the resolution be approved. 383.9 The City Attorney explained that, if approved, an ordinance should be adopted to amend the City Code to require conformance with the standards. 383.10 Upon roll call, the motion passed, 5-0. RESOLUTION NO. 95-87 BOOK XXV)I APPEARS ON PAGE YP i OF ORDINANCE AND RESOLUTION 1 1 November 17, 1987 The City Attorney read the ordinance ,for the first time. Director Lancaster, seconded by Hess, made a motion to suspend the rules and place ordinance on its second reading. Upon roll call, the motion passed, 5 - for the second time. Director Lancaster, to further suspend the rules and place the final reading.1 Upon roll call, the motion read for the third time. Upon roll call, • 2 the 0. The ordinance was read seconded by Hess, made a motion ordinance on 'its third and passed, 5-0. The ordinance was the ordinance passed, 5-0. ORDINANCE NO. 3314 BOOK )(X/ {j FIRE HYDRANT SPACING APPEARS ON PAGE 014 G 'OF ORDINANCE -AND RESOLUTION v84 384.1 The Mayor introduced an ordinance amending the City's Subdivision 384.2 Regulations to set maximum spacing distances for the installation of fire hydrants. She explained the ordinance would prescribe distances between two consecutive fire hydrants and would give the Fire Chief the authority to develop written criteria to be applied in determining whether additional fire hydrants shall be required. The City Attorney said the ordinance was recommended by the Fire Chief and 384.3 he read it for the first time. Director Lancaster, seconded by Marihoni, made a motion to suspend the rules and place the ordinance.on its second reading. Upon roll call, the motion passed, 5-0. 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; 5-0. The ordinance was read for the third time. The Public Safety Director told the Board that the criteria was developed as L384.4 a joint effort of the Fire Chief and the City Engineer. The Fire Chief stated there was a provision in the State Fire Code setting a 1,000 foot spacing .distance, but he said this was inadequate for developments in Fayetteville. Director Lancaster asked if the Planning Commission had reviewed this 384.5 amendment to the Subdivision Regulations. Jackson said he only knew that Plat Review Committee had discussed this item several times. Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3315 APPEARS ON PAGE ou 7 OF ORDINANCE AND RESOLUTION BOOK XX f V 384.6 r ...J November 17, 1987 LINE CROSSING CHANGE 385.1 The Mayor introduced a resolution authorizing a change order to the City's contract with Don Mitchell, Inc., for the Mud Creek Water Line Crossing project. The Mayor explained the contract amount would increase by $10,600 but, because of underruns on other project item, would actually mean a net increase of $6,139.32. 385.2 Director Hess, seconded by Lancaster, moved approval of the resolution. 385.3 Director Marinoni asked why the cost of encasing the line was so expensive. Public Works Director Burch explained part of the area is in a creek bed which had to be excavated and could not be done at the time the other work was done, because the creek was flowing. He said the cost is based on unit bid price per cubic yard of concrete. He added that the concrete would have to be formed. 385.4 Upon roll call, the motion passed, 5-0. RESOLUTION NO. 96-87 APPEARS ON PAGE BOOK )(KVlll WATER LINE OVERSIZING/VAN ASCHE Y7 P OF ORDINANCE AND RESOLUTION 385.5 The Mayor introduced a request from the Public Works Director for approval to oversize a water line to serve property on Van Asche Drive, east of its intersection with Highway 112. 385.6 Director Lancaster noted this was recommended by the City Manager. 385.7 Director Marinoni, seconded by Lancaster, moved approval of the request. Upon roll call, the motion passed, 5-0. WATER LINE OVERSIZING/COUNTY ROAD 707 385.8 The Mayor introduced a request from the Public Works Director for approval to oversize a water line to serve property along County Road 707, south of County Road 94. 385.9 Director Lancaster pointed out the staff planned to connect this line to a larger loop in this area. In answer to a question from Director Kelley, Administrative Services Director Linebaugh explained both oversizing projects were budgeted in the Water and Sewer budget. 385.10 Director Marinoni asked how much more it would cost to oversize to 6" rather than to 4". Public Works Director Burch said this was an area where it would not be cost effective to oversize to 6" because all the other lines to which it would connect are 4". 1 1 f November 17, 1987 Director Marinoni, seconded by Kelley, made a motion to approve the request. 386.1 Upon roll call, the motion passed, 5-0. AUTOMATIC DOOR The Mayor introduced a request for authorization to purchase an automatic door for the handicap entrance to the City Administration Building; and approval of a budget adjustment for a portion of the cost. The Mayor reported the purchase. is recommended ;from Harding Glass. Industries, submitting the lower of two quotes in the amount of $5,570. She said $4,500 was contained in the budget for the expense, with a budget adjustment in the amount of $1,070 to be taken from revolving door funds. Director seconded 0. BID AWARD • 386.2 Lancaster commented that the door was mandatory.I Lancaster, 386.3 by Marinoni, moved approval. Upon roll• call, the motion passed, 5 - • The Mayor introduced consideration of the award of bid for light trucks for .386.4 the Administrative Services and Public Works departments. She said the Purchasing Officer recommended award of bid to the low.. bidders in each case, Lewis Ford and Steve Smith GMC, with the total of the low bids amounting to $96,253. She said the cost of each vehicle was under -budget. Director Marinoni, seconded by Johnson, made a motion to award the bid as 386.5 .recommended. Upon roll call, the motion passed, 5-0_ • 1• EMPLOYMENT CONTRACT • r The Mayor introduced a resolution authorizing the Mayor and City Clerk to 386.6 execute an Employment Agreement with Robert W. Franzmeier, Project Coordinator for the City's wastewater treatment plant construction project. Director Lancaster moved approval of the resolution. 386.7 The City Manager advised the Board that paragraph 5 of the contract 386.8 discusses the salary of $2,850 per month. He asked the Board if they wished the last sentence in that paragraph to read "At that time, the salary will be raised as per the approved percentage." or "At that time, the salary may be raised as per the approved percentage." It was the consensus of the Directors to use the word "may" in that sentence. Following further discussion, it was decided to delete the entire portion of that paragraph which states "...that is in effect until such time as salary raise percentages for all City Employees is approved. At that time, the salary will be raised as per the approved percentage." 1 November 17, 1987 387.1 Director Lancaster, seconded by Hess, moved the resolution as amended. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 97-87 APPEARS ON PAGE So 0 OF ORDINANCE AND RESOLUTION BOOK MC 4 l l I STAFFING REQUEST 387.2 The Mayor introduced approval of a full-time Research/Performance Analyst position far the Administrative Services Department's Finance Division; and approval of a budget adjustment to fund the position for the remainder of 1987. The Mayor explained the position would be responsible for the development of performance standards on an ongoing basis, following training to be provided by Burke & Associates, the firm chosen to implement the maintenance management system in the Public Works Department. She said other duties would include special projects and budget assistance. The Mayor said Grade Level 12 was proposed ($15,627 annual salary). 387.3 Administrative Services Director Linebaugh said the position would hopefully be filled within four to five weeks from approval. 387.4 Director Hess, seconded by Marinoni, moved approval of the full-time Research/Performance Analyst position. Upon roll call, the motion passed, 5-0. BUDGET ADJUSTMENTS 387.5 The Mayor introduced approval of budget adjustments as follows: 387.6 For the Administrative Services Department (Finance Division), $3,100 to be transferred from Office Supplies and Printing and Professional Services Accounts to Overtime Account, to cover overtime expenses due to the financial audit and conversion to the new computer system. 387.7 For the Public Safety Department (Police Division), $2,495 to be transferred from Salaries -Support Services Account to Jail -Fixed Assets Account, to cover the expense of a smoke and fire alarm system for the City Jail. 387.8 For the Public Works Department (Airport Division), $2,500 to be transferred from Contract Services Account to Building and Grounds Account, to cover the expense of renovation of boiler piping and controls; (Parks & Recreation Division), $1,714 to be transferred from Equipment Charges Account to Vehicle & Maintenance Account, to cover shop surcharges; $1,232 to be transferred from Building & Grounds Maintenance Account to Salaries & Wages Account, to cover work done on the City Pool by the Water and Sewer Division; $3,379 to be transferred from Building & Grounds Account to Salaries & Wages Account, to cover 1 1 El November 17, 1987 salaries and wages for the Ball Field Recreation Program; and $1,500 to 388.1 be transferred from Equipment Charges Account to Overtime Account, to cover salaries for overtime worked on parks maintenance. Director Lancaster, seconded by Johnson, moved approval of the budget 388.2 adjustments. The Mayor noted all the adjustments had offsets. Upon roll call, the motion passed, 5-0.. OTHER'BUSINESS ELKHART CONFIRMATION ORDINANCE The City Attorney told the Board that, to comply with new State law, bond counsel for Elkhart Products Corporation bond financing, has.'requested the City Board adopt a confirmation ordinance, because of the 14 day lag period between the date the notice was published and the date the ordinance was passed. The City Attorney read the ordinance for the first time. Director Marinoni, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the second time. Director Lancaster,seconded by Marinoni, made a motion to suspend the rules and place.:the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3316 APPEARS ON PAGE .4 8 OF ORDINANCE AND RESOLUTION BOOK ACX/ V COUNTERCLAIM APPROVAL The City Attorney requested approval of a .resolution authorizing and ratifying a Counterclaim filed in Cummings vs. City of Fayetteville, et al. He explained the Counterclaim seeks a declaratory judgment validating the Resource Recovery Authority's bond issue which is being challenged by the lawsuit. He said the suit challenges the rate covenant in the waste disposal agreement, and the attorneys involved in financing decided that the best strategy in trying to put an end to Mitigation would be for the City and the Authority to Counterclaim, seeking a declaratory judgment validating the bond issue. He said this would preclude other parties from raising additional issues, and would avoid multiplicity of litigation. ,Director Lancaster, seconded by Marinoni, moved passage of the resolution. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 98-87 APPEARS ON PAGE ,! O/ OF ORDINANCE AND RESOLUTION BOOK XXV/Ii 388.3 :388.4 388.5 388.6 TAX LITIGATION November 17, 1987 389.1 The City Attorney, referred to the matter of Brunner and Lay, Inc., vs. State Commissioner of Revenues, Washington County Treasurer and Washington County Judge. He said he prepared a memorandum to the Board advising them of a pending lawsuit in Pulaski County which was certified as a class action last week. He said the lawsuit, if plaintiffs prevail, would have an impact on all counties and cities which levy a local sales and use tax and could possibly result in those counties and cities being ordered to refund revenues previously received, and to lose potential revenues in the future. He said the potential amount of refunds or lost revenues is unknown because the records on those transactions are not kept. He said the issue for the Board to decide is whether the City Attorney should represent the City of Fayetteville's interest in that lawsuit, or whether to let the City's interest be represented by counsel for some other municipality. 389.2 Director Lancaster, seconded by Marinoni, moved that the City of Fayetteville intervene in the lawsuit. Upon roll call, the motion passed, 5-0. CITY MANAGER COMMENTS 389.3 City Manager Pennington said he believed very strongly in staff being involved in national professional organizations. He said that he was pleased to announce that Scott Linebaugh is the State representative for the Governmental Finance Officers Association, and that the City Attorney has been asked to serve as Chairperson for NIMLO in Arkansas. ANIMAL SHELTER DIRECTOR NOMINATED 389.4 Public Safety Director Marty Coates announced that the City's Animal Shelter Director has been nominated to the University Institutional Animal Care and Use Committee. LIQUOR ORDINANCE 389.5 Director Lancaster asked if the City was enforcing the ordinance as it applies to minors attempting to purchase alcohol. Public Safety Director Coates said checking was being done and that some Board members have requested that specific places be checked, and that there has been follow-up an those requests. He said he could provide a report on the number of checks which have been made and the number of charges filed. Director Lancaster asked for information on the deposition of cases. Director Hess remarked that the effectiveness of the law may not be measured by the number of people caught but by the number of people it prevents. Hess said he didn't think the information requested by Lancaster would really tell the Board how effective the law has been. 1 1 1 r November 17, 1987 CHANGE ORDERS Director Hess said he would like one of the City's goals and objectives to be to minimize the number of change orders which come before the Board. ETHICS COMMITTEE DRAFT • The Mayor distributed to the Directors a copy of proposed legislation which had been drafted by an Ethics Committee of which she is a member. She asked the Board to review the document and`give her feedback by Friday, since there will be a public hearing next Monday in Little Rock. MINUTES The Minutes of the November 3, 1987 meeting were approved as distributed. • ADJOURNMENT i The meeting was adjourned at about 9:40 p.m. • • • • • "1I1o� 1. V 390.1 390.2 390.3 390.4