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HomeMy WebLinkAbout1987-12-01 Minutes1 1 • ,4 MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS • A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, December 1, 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 Martin, Kelley, Hess, Bumpass and Lancaster; City Manager Pennington, City Attorney McCord, City Clerk McWethy, Department Directors Coates and Linebaugh • ABSENT: Director Marinoni CALL TO ORDER The meeting was called to order by the Mayor, with six Directors present. 404.1 The Mayor asked for a moment of silence. REZONING/R87-23 The Mayor introduced an ordinance rezoning 0.47 acre located near the 404.2 intersection of Mountain Street and County Avenue, from R-2 "Medium Density Residential" to R-0 "Residential Office", petition submitted by William H. Bassett. She reported the Planning Commission recommended approval by a vote of 5-1. • The City Attorney told the Board that the petitioner was offering a Bill of Assurance promising to plant trees on the slope of the property, to not bring in any more fill, and to have drainage problems resolved within sixty days and approved by the City Engineer. He said that Bill was not a condition of the rezoning ordinance because, in his opinion, contract zoning is not permissable under Arkansas law. He said that, if the Bill was not executed within thirty days from the adoption of the ordinance, the Board could repeal the ordinance. The City Attorney read the ordinance for the first time. The Mayor asked if anyone wished to speak against the ordinance. James Brooks, resident of 540 Huntsville Road, told the Board he owned property on Washington Street. He said he was not opposed to the rezoning but said there were drainage problems which he thought were brought about due to fill which has been deposited on the property, and due to the slope of the land. He said the Board should be aware that everyone is not in favor of the rezoning. The Mayor told Brooks that the City had no ordinance which would take care of what has already been done. She said the Bill of Assurance was aboutthe best deal the City can do, and said she thought it would probably take care of some of his concerns. • • • 404.3 404.4 404.5 405.1 405.2 405.3 405.4 5 December 1, 1987 Director Bumpass asked what the terms of the Bill of Assurance meant. He asked what relief the City would have if, after sixty days, the drainage has not met with the approval of the City Engineer. McCord said the Bill of Assurance would be a covenant running with the land and the City would be a third party beneficiary, and could sue for specific performance. Bumpass asked if there should be specific criteria regarding what planting trees means. McCord said specifics could be addressed in the Bill of Assurance, after consultation with the City Engineer as to requirements to ensure adequate drainage in the area. Bumpass remarked there were several extremely large pieces of concrete sidewalk scattered about on the site. He asked if these would be removed. Bumpass asked if any trees which may die because of the fill would also be removed. George Faucette, Jr., speaking on behalf of the owner, told the Board the concrete, if it is imbedded in the soil, would actually stabilize the soil rather than cause erosion. He said dead trees, although unsightly, would also provide a stabilizing force to the bank of the property. He said he thought 200-300 pine seedlings would be planted. Director Bumpass, seconded by Kelly, moved the rules be suspended and the ordinance placed on its second reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the second time. Director Bumpass, seconded by Hess, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the third time. The Mayor asked about the mention of a rail to be built around the perimeter of the parking lot. McCord said, if that is part of the offer, it should be included in the Bill of Assurance. Faucette told the Board this was offered and would be a part of the Bill of Assurance. Faucette said the lot would be hard -surfaced. City Manager Pennington told the Board that any opinion or approval the City Engineer would give would be "qualified" based on the engineering effort presented to him, that he would not be in a position to be involved in the engineering, nor could he tell the Board whether or not the soil was compacted properly, unless the owner presented soil tests. 405.5 Director Bumpass said to accept the Bill of Assurance as proposed might be the only way to cover up what is, in his opinion, a very unsightly situation and a dramatic intrusion into a residential area. Bumpass said he hoped in the future there could be an ordinance which would control the amount of fill which could be brought onto property. The City Manager said a "cut and fill" ordinance is being proposed by the consultants working on the General Plan. 405.6 Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3317 APPEARS ON PAGE BOOK XX ala OF ORDINANCE AND RESOLUTION 1 1 1 • REZONING/R87-28 • December 1, 1987 The Mayor' introduced an ordinance rezoning 0.58 .acre located west of Highway 471, approximately 300' south of Cato Springs Road, from R-1 "Low Density" to C-2 "Thoroughfare Commercial"; petition.submitted by Eldon W. Jenkins. The Mayor reported the Planning Commission recommended approval, 6-0. The City Attorney read the ordinance for the first time. The Mayor asked if anyone wished to speak against the rezoning. No public opposition was expressed. Director Bumpass, seconded by Kelley, moved the rules be suspended and the ordinance be placed on its second reading: Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Bumpass, seconded by Hess, moved the rules be further suspended and the ordinance placed on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3318 APPEARS ON PAGE 027,2 OF ORDINANCE AND RESOLUTION .BOOK XX / V SIGN APPEAL/1617 N. COLLEGE AVENUE The Mayor introduced an appeal from the literal provisions of the Sign 'Ordinance, for a sign located at 1617 North College Avenue. The Mayor told the Board the petitioner had asked that this item be tabled. Director Bumpass, seconded by Kelley, made a motion to table the appeal. Upon roll call, the motion passed, 6-0. SIGN APPEAL/624 WEST SIXTH STREET The Mayor introduced an appeal from the literal provisions of the Sign Ordinance, for a sign for "The Silk Purse" located at 624 West Sixth Street. Since the petitioner was not present, action was deferred on this appeal. [Near the end of the meeting, under Other Business, the Mayor recommended tabling the appeal, in light of the absence of the petitioner.] Director Bumpass made a motion to table the appeal until the next meeting. Director Lancaster suggested the staff check with the party and ask if they could install a sign behind the tree instead of the location being requested. City Manager Pennington told the Board the staff would .make sure to call the petitioner before the next meeting. • A.{,b 406.1 406.2 406.3 406.4 406.5 406.6 406.7 The motion was seconded by Director Hess and passed, 6-0. 406. 8 December 1, 1987 UNSIGHTLY PROPERTY/525 BLAIR AVENUE 407.1 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 second reading on November 17. 407.2 Director Bumpass, seconded by Kelley, moved to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The City Attorney read the ordinance for the third time. 407.3 Public Safety Director Marty Coates said the owner indicates he will bulldoze the structure shortly. Property Inspector Richard Wilson said he had spoken with the owner three times and each time he indicated he would demolish the structure. 407.4 In answer to a question from the Mayor, the City Attorney explained the ordinance as read contains an emergency clause which would have to be voted on separately if the ordinance is not passed unanimously. He recommended there be a separate vote, with one Director being absent. He told the Board they could amend the ordinance to delete the emergency clause. He said in that case the ordinance would be effective 31 days from the date of publication. 407.5 In answer to a question from Director Lancaster, McCord said if the City has to demolish the structure, by statute the City does have a lien on the property for the cost incurred. He said as a matter of practice he forwards a copy of the ordinance to the property owner, pointing out that there will be a lien on the property. 407.6 Director Martin said, if the citizen has indicated he will demolish the building, the least the City can do is give him 31 days. Martin, seconded by Hess, moved to amend the ordinance to remove the emergency clause. Upon roll call, the motion passed, 6-0. Upon roll call, the ordinance passed, 6- 0. ORDINANCE NO. 3319 APPEARS ON PAGE aZ % J BOOK x ^ OF ORDINANCE AND RESOLUTION UNSIGHTLY PROPERTY/2807 N. COLLEGE AVENUE 407.7 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, read for the first time on November 3 and tabled on November 17. 407.8 Coates reported slow progress on this property. He said demolition was being done by hand. 1 December 1, 1987 Director Hess, seconded by Kelley, moved to table the ordinance. Upon roll 408.1 call, the motion passed, 6-0. UNSIGHTLY PROPERTY/1775 JANICE AVENUE The Mayor introduced an ordinance ordering the abatement of unsightly 408.2 conditions and the razing and removal of an unsafe structure located behind 2807 North College, left on first reading on November 3 and 17. Director Bumpass said he believed there had been substantial improvement in the unsightliness of the property. He asked if the owner had complied to the extent that this item could be pulled from the agenda. Coates told the Board the inspection staff had not been notified that the owner has complied with the ordinances. 408.3 Bumpass requested the item be left on the table and asked that the staff 408.4 contact the owner and re -inspect the property. The Mayor said, if there was no motion to move the ordinance to its second reading, it could be left on its first reading. C.D. PROJECT BID AWARD The Mayor introduced consideration of the award of bid for a metal building for the Abilities Unlimited facilitylocated at 1102 S. Happy Hollow Road; and approval of a contract with Landmark Construction, Inc. The Mayor reported the staff recommended the award of bid to the only bidder, Landmark Construction, bidding $11,990. She said total funds contained in the 1987 Community Development budget for this project amounted to $13,000. Director Bumpass, seconded by Kelley, moved the award of bid•and approval of a contract. Upon roll call, the motion passed,.6-0. RESOLUTION NO. 99 87 APPEARS ON PAGE ..J5 -e79 OF ORDINANCE AND RESOLUTION BOOK X X Vi / i "to itr a,,,iL„.0 -4"--haze-e-• i • • 408.5 408.6 UNSIGHTLY PROPERTY/2147 LAVERNE AVENUE The Mayor introduced an ordinance ordering the • abatement of unsightly 408.7 conditions and razing and removal of an unsafe structure located at 2147 Laverne Avenue. • The City Attorney read the ordinance for the first time. 408.8 Director Lancaster said he thought it was the consensus of the Board that some other course of action should be taken other than ordering demolition, because the house is good and is in a good neighborhood. The City Attorney said the Board had an alternative course of"action, adding that a violation 408.9 :09 December 1, 1987 409.1 of the Building Code is a misdemeanor and the property owner can be prosecuted in Municipal Court. He said each day's violation would be a separate offense, the statute of limitations on a misdemeanor is one year, and the Prosecutor, in theory, could file 365 counts. He said Chancery Court would not issue a mandatory injunction to order compliance with building or housing codes, but will issue injunctions to require the abatement of a nuisance from failure to comply with the codes. He said the fine would be a lien upon the property. 409.2 409.3 409.4 409.5 409.6 409.7 Director Hess said the structure was sound and bricked on three sides. He said the only part in disrepair is the back of the house where the brick was removed. He said it would be a real shame to consider razing the house as it was a very livable house, with some repair. Hess said he preferred to seek relief in Municipal Court. McCord said he or the Prosecutor could send a letter to the owner pointing out that failure to comply with the codes is a misdemeanor and subjects the owner to the possibility of criminal prosecution with each day's violation being a fine. Lancaster moved the ordinance be left on first reading in the hopes there will be some action by the owner by the next meeting. There was no second to the motion. In answer to a question from Director Kelley, Coates said there has been no communication from the owner, with the staff's last contact with the owner being July 16, 1987. Director Martin said he preferred dealing with the owner on a person-to- person basis, rather than sending threatening letters. He said the City should be concerned enough to contact the owners directly. The City Attorney said the staff doesn't try to send threatening letters but tries to apprise property owners of possible repercussions, and that the staff likes to document that the owner has been notified and given ample opportunity to comply. Director Bumpass said the home appeared to be pretty new and it seemed real strange to him that the staff was requesting razing of the structure. Director Kelley asked if this was brought to the Board's attention based on a neighborhood complaint or was it found by the staff. Property Inspector Richard Wilson said it was a "visual complaint", that when he saw the property he wrote it up and notified the owners. Kelley asked if the staff communicates with the neighbors when there is a neighborhood complaint. Wilson said, since July, there have been several complaints concerning tall grass. Kelley said he thought the City should respond to neighbors who complain to let them know what action the City has taken. He agreed that personal contact should be made with the owners before taking any further action. The Mayor said the ordinance would be left on first reading and the staff would be requested to notify the owner by phone and letter. 1 1 1 SECURITY FENCING December 1, 1987 The Mayor introduced consideration of the award of Bid No. 814, for security fencing for the Operations Area Facilities and the Equipment Storage Area at the City's Sludge Management Site. She said the staff recommended award to the only bidder, Modern Fence Company, bidding $21,070.16, and there is a balance in the Public Works Fixed Assets Account of $42,026. Director Bumpass, seconded by Lancaster, moved the award of bid to Modern Fence Company. Director Hess asked the staff if they were expecting any bills between now and the completion of the project in excess of the remaining balance in the Account. City Manager Pennington said he was not aware of any such bills. 0 410.1 410.2 • 410.3 410.4 Upon roll call, the motion passed, 6-0. 410.5 EQUIPMENT REHAB CHANGES The Mayor introduced a request for a resolution authorizing approval of a change order to the City's contract with Baumgartner General Contractors, for the Wastewater Treatment Plant Equipment Rehabilitation Project. She said the cost would be $34,644 and would cover the cost of correcting some additional problems which were discovered as the work progressed. She said $34,706 remains in the original contingency amount for this contract. Director Hess asked if the balance would cover all expenses between now and completion of the project. Pennington said he could not answer, as new items continue to be uncovered. He added, however, that most items are now at the point of being covered by the insurance carrier. He said the Board would be well advised if expenses were to get beyond the point'where there are funds to cover them. The City Attorney told the Board the bonding company requires the new contractor to correct any deficiencies of the original contractor. He said change orders are for additional work and are not for correcting deficiencies. Director Bumpass, seconded by Johnson, moved approval of the change order. Upon roll call, the motion passed, 6-0. JOB RECLASSIFICATIONS • The Mayor told the Board the City Manager had requested tabling of the request for approval of City employee reclassifications, until the next meeting. 410.6 410.7 410.8 410.9 2 a December 1, 1987 411.1 Director Hess, seconded by Bumpass, moved to table. Upon roll call, the motion passed, 6-0. OTHER BUSINESS CONDEMNATION TRIAL 411.2 The City Attorney said he submitted a memo to the Board concerning the upcoming trial on a three -acre tract of land south of the Airport, which was condemned in 1986. He pointed out the appraisals prepared by experts for the City and the land owners have identical comparables. He said his opinion is that, if the case is tried, the likely verdict will be in the neighborhood of $75,000, in which case the property owner would be entitled to 10% interest for 19 months on the difference between the City's deposit of $60,000 and the amount of the verdict. He said the owners have agreed to settle for $73,000 which in his opinion is reasonable. He asked the Board to decide whether to authorize the $73,000 settlement or to instruct him to try the case on December 16. 411.3 Director Kelley asked McCord why he thought the award would be at $25,000 per acre. McCord said the evidence at trial would be testimony of expert witnesses, who will use the same comparables. He said the summary of the comparables were contained in his memo and lead him to believe the jury will come closer to deciding on $25,000 than $20,000. 411.4 Director Bumpass asked about the possibility of any FAA reimbursement in the matter. McCord said in the past, if the City justifies the increase in a settlement, the federal agency will participate. Bumpass said he would renew his motion to offer $69,900. McCord said that was not acceptable to the owner. 411.5 McCord estimated trial to cost the City about $2,000. He said trying the case to the court rather than to a jury would reduce the cost. He said it was not uncommon, in condemnation cases where there is a discrepancy between condemnor's appraiser and owner's appraiser, for a jury to "split the difference". He said if that happens, the verdict would be $70,000, with the cost of litigation and interest expense in addition. He told the Board he was not afraid to try the case but wanted them to understand that, if it is tried, it will in all probability come out at $73,000. 411.6 In answer to a question from Director Kelley, the City Manager said he concurred in the City Attorney's recommendation. Kelley asked if the City would be liable for any amount over $60,000, should the FAA only accept the $60,000 amount. Linebaugh said the cost would have to come out of the General Fund. 411.7 Director Martin said the likely costs of the suit are such that there is good reason to accept the property owner's quote. Director Hess, seconded 1 ,p 4 December 1, 1987 by Martin, made a motion to settle with the property owner for the stipulated price of $73,500. Director Kelley commented that the City is going to have to try some of these condemnation cases, and said the Board had passed on doing that with some others which were not quite as close. Upon roll call, the motion passed, 6-0. LINDSEY QUIT CLAIM • • McCord reported Lindsey and Associates called him today regarding an upcoming closing in which there is a hitch in the chain of`title. He explained the City acquired some right-of-way about 15 years ago to widen. Sycamore Street, at which time the land owner deeded fee simple title instead of an easement, which resulted in the lot not having frontage on the street. He said Lindsey is requesting the City deed back the 10 feet in, question and get an easement for street and utility purposes. McCord said he consulted with the City Manager and City Engineer neither of whom object to the request. He asked the Board to consider passage of a resolution authorizing the Mayor and City Clerk to execute a Quit Claim Deed to the current property owners of the lot and 20 feet adjacent, on Sycamore Street west of Chestnut, in return for which the City will receive an easement for street and utility purposes. Director Bumpass, seconded by Martin, moved the resolution. Upon roll call, the motion passed, 6-0. RESOLUTION NO. 100-87 APPEARS ON PAGE 3707 BOOK )()(V/ I) OF ORDINANCE AND RESOLUTION MAHLER PROPERTY/1802 & 1804 STONE STREET The Mayor told the Board Hank Mahler requests an opportunity to speak regarding 1802 and 1804 Stone Street. Mahler requested permission to obtain building permits to finish refurbishing a building located at 1802-1804 West Stone Street. He said he could have 99% of the work done by the end of January. He said he has begun work and had accomplished a lot on the property. Director Martin asked Mahler if City staff had contacted him prior to the passage of the ordinance by the Board. Mahler said he was not sure Martin said he was very concerned that, when the City threatens to tear property down, it contact the owner first. He said it was the least the City can do and he hoped it was done in this case. He said if it was not done, it would be the second matter which has come before the Board and, in his opinion, it is unforgivable Mahler said he believed he was contacted, and the Property Inspector has been helping him. Director Lancaster said he believed Mahler f • 412.1 412.2 412.3 ' 412.4 412.5 412.6 412.7 412.8 • 413.1 December 1, 1987 had been contacted two or three times and the Board even deferred action once or twice before passing an ordinance. 413.2 Director Bumpass asked if, after an ordinance has already been passed, some sort of extraordinary permit could be issued to Mahler based upon a plan, because a regular building permit could forestall any work being done on the property for a year. McCord said the Board could amend the ordinance it enacted to provide that, if the property is bought up to Code within a specified time period, the order to raze the structure would be rescinded. The Mayor pointed out the ordinance which was passed contained an emergency clause. McCord recommended he draft an ordinance to be included in the next agenda. Director Kelley suggested the time period expire on February 1, 1988. 413.3 The City Manager said Mahler needs to know he must follow the Building Code and apply for the permits to take the necessary corrective action, and on February 1, 1988, the situation will be brought back before the Board for review. Pennington said there have been numerous discussions with Mahler to try to remedy the situation. WASTEWATER TREATMENT PLANT PROGRESS 413.4 Director Martin commented that the schedule of completion for the Wastewater Treatment Plant shows the primary clarifier splitter and the Administration Building were to be completed by the end of November. He asked if they were complete. 413.5 The City Manager said he just finished reading a report from Hubert, Hunt and Nichols (the contractor). He said he could not verify whether the splitter was complete but he knew the building was under the final punch list. Gary Vaughn, speaking for OMI, said the building was not yet complete. Pennington said he would get a copy of the report to the Board. 413.6 Director Martin said he would appreciate staff assistance in monitoring the schedule of when items will be done, and providing the Board with an explanation when items are not completed on schedule. MINUTES 413.7 The minutes of the November 17 meeting were approved as distributed. ADJOURNMENT 413.8 The meeting was adjourned at 8:45 p.m. 1 1