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HomeMy WebLinkAbout1988-04-29 MinutesApril 29, 1988 at her home located at 507 North Walnut. The Mayor reported the City. 158.1 Manager recommended payment to Thompson in the amount of $7,350.27. In answer to a question from Director Marinoni, the staff said no other 158.2 residences in the neighborhood suffered damage. Thompson said she had never had such a problem before and had lived in the neighborhood for eight years. Public Works Director Batie told the Board the backup had occurred because of blockage in a main line. The Mayor asked the staff if a change in policy had been made, commenting 158.3 that in the past payment was made based on bills rather than on an appraisal of loss. Linebaugh said appraisals have been used before, commenting that in this case a very large loss was. involved. Batie said the blockage had been removed. Hess asked the staff if they felt 158.4 semi -confident the problem would not occur again. Pennington said the staff did not feel semi -confident and was presently doing a study of all sewage_ backups and overflows since January 1. He said there was concern and programs to remedy problems will be accelerated. Director Lancaster, seconded by Hess, moved that the claim be .paid.. Upon 158.5 roll call,. the motion passed, 4-0. Mayor Johnson asked Ms. Thompson to accept the apology of the City. BUDGET ADJUSTMENT The Mayor introduced a request from the Public Works Department for a budget adjustment. to cover the cost of sales tax on the 1987 computer mapping hardware purchase, in the amount of $2,950, to be taken from 1987 computer mapping "roll forward" funds. Director Marinoni asked how this had been overlooked. Public Works staff member Bob Kelly said this had been his mistake. He said the bid amount did not include the sales tax and, when funds were rolled forward, he did not, include the sales tax due to his ignorance of the system. 158.6 158.7 158.8 Director Hess, seconded by Lancaster, moved approval of the request. Upon 158.9 roll call, the motion passed, 4-0. PARKING EXEMPTION The Mayor introduced a request from the Public Safety Director for an ordinance which would exempt government vehicles from receiving parking tickets. 158.10 1 MINUTES OF A SPECIAL MEETING OF THE CITY BOARD OF DIRECTORS A special meeting of the Fayetteville City Board of Directors was held on Friday, April 29, 1988 at 8:30 a.m.•in Room 326 of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Hess; City Manager Attorney McCord, Coates, members of ABSENT: CALL TO ORDER Johnson; Directors Lancaster, Martin, Marinoni, and Pennington, Assistant City Manager Linebaugh, City City Clerk Kenndy;, Department Directors Batie and the press and audience: Directors Bumpass and Kelley lbb The Mayor called the meeting to order with four Directors present. 156.1 Directors Bumpass and Kelley were absent. Director Martin arrived after a recess. CONSENT AGENDA The Mayor introduced approval of the consent agenda, which included the following: Approval of the minutes of the April 13 and April 19 meetings; 156.2 ._156.3 Award of Bid #831 for vehicles to the low bidder, Steve Smith -GMC of 156.4 Springdale, bidding $72,030; Award of Bid #834 for water line replacements on Company Street, Ed J Edwards Road, Dead Horse Mountain Road, Gregg Avenue and Sutton Street to the lowest bidder, J. D. Sweetser, bidding $98,281; Extension of above water line project, to include installation of a water line in Walker Park to serve an irrigation system for two soccer fields, estimated to cost $24,500 (including a 10% contingency); b Award of bid for sewer line television inspection on 5,800' of sewer pipeline to the only bidder, Insituform Texark, Inc., estimating a contract price of $25,304; and Award of engineering contract for Appleby Road construction to 156.8 Milholland Company, proposing a total of $19,931. 156.5 156.6 156.7 157.1 It was moved by Marinoni and seconded agenda. Upon roll call, the motion passed, and Bumpass being absent. RESOLUTION NO. 33-88 APPEARS ON PAGE BOOK AREA TRANSIT AUTHORITY April 29, 1988 by Hess, to approve the consent 4-0, Directors Martin, Kelley OF ORDINANCE AND RESOLUTION 157.2 The Mayor introduced consideration of a resolution supporting development of an area transit authority to serve Fayetteville/Springdale area, using state and federal funding. the the 157.3 The City Manager said this matter had been under discussion for a number of months, because there is a tremendous amount of Section Nine (UMTA) funding coming from the State of Arkansas into the Fayetteville/Springdale area. He said neither the City of Fayetteville nor the City of Springdale desires to set up a transit system because of past experience, but meetings have been held to discuss the idea of channelling funds through a mechanism to get funds to the University to expand its already ongoing transit system into the Fayetteville and Springdale community. The City Manager said there would be no obligation on the part of Fayetteville. He said the action being requested of the Board was to pass a resolution to endorse the concept, after which an authority would be formed to provide the mechanism for receiving funds. 157.4 The Mayor said the cities of Greenland, Fayetteville, Springdale and Farmington would each have a representative on the authority. 157.5 Pennington said no money would be committed by the City of Fayetteville. He said the University would have to provide the local matching funds. 157.6 The Mayor said a citizen representative should be appointed. The City Manager recommended someone be appointed with solid business sense. 157.7 It was moved by Hess and seconded by Marinoni, to approve the resolution. Upon roll call, the motion passed, 4-0. RESOLUTION NO. 34-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 157.8 The City Clerk was told to advertise for applicants to serve on the authority. SEWER DAMAGE CLAIM 157.9 The Mayor introduced a request from the Public Works Department for payment to Kathy Thompson for damage to her property due to a sewer backup incident V V 159.1 159.2 159.3 159.4 April 29, 1988 Public Safety Director Coates said there has been a problem in that the City has ticketed its own vehicles on official business, and has ticketed visiting agencies conducting business with the City. He said the staff felt this was "robbing Peter to pay Paul" and was an irritant to other agencies. Director Marinoni asked how the City would know whether official business was being conducted. City Manager Pennington said one method would be recognition of a "public property license tag." He said a form would be given to individuals to place in their car when they are visiting. Pennington said a policy will be put into effect whereby City vehicles may not park in front of City Hall. The Mayor asked if this privilege would be extended to members of commissions and committees. Pennington said it would, but only for purposes of conducting City business. The Mayor said she hoped City vehicles would also be prohibited from parking around the Square. Director Marinoni asked what the policy the Square where there were no me Franklin said the ticket -writer records around the square and two and 1/2 tickets to any car which is recorded as no matter where the car is parked. problems because a vehicle could leave 1/2 hour time period and be ticketed. was for ticketing cars parked around ters. Traffic Superintendent Perry every tag number of cars parked hours later the ticket writer issues having been parked for 2 1/2 hours, Franklin said this sometimes causes the Square and return within the 2 He said about six signs were posted to this effect around the Square. He said if a citizen says they have left the Square and come back within the time period the ticket is voided, because the Municipal Judge will void the ticket anyway. Franklin said some organizations, such as the Game and Fish Commission and the F.B.I., expect not to be ticketed and complain when ticketed. He said they simply write "official business" on their tickets and do not pay the fine. 159.5 Franklin said he was in favor of putting meters on the Square in the interest of fairness. 159.6 159.7 159.8 The City Attorney read the ordinance for the first time. No further action was taken at this point because of the necessity for five Directors to be present to move the ordinance on to its second reading. ANIMAL CONTROL AMENDMENT The Mayor introduced an ordinance amending the City Code to authorize private citizens to take into custody any dog or cat found running at large and place them in the Fayetteville Animal Shelter. Director Lancaster asked if the City was getting "way out in left field" if it permits citizens to take someone else's animal to the Shelter. He said April 29, 1988 he did not object to citizens detaining an animal and calling an Animal Control Officer. The City Attorney said, under the proposed ordinance, a citizen could only take animals to the Shelter which are running at large. He told the Board the ordinance was proposed as a result of an article from a animal control publication furnished,to the Public Safety Director where a lawsuit had been filed because a. local ordinance did not authorize a citizen to take an animal to the pound. He said this was a policy decision for the Board Lancaster said he had a problem with an ordinance which could pit one neighbor against another. Coates said if `the animals cannot be accepted at the Shelter which are brought in by the public, then these animals will be turned out and will have to be picked up anyway by the City. Lancaster said he had no problem with allowing the City to accept the animals, but was not in favor of passing a law which gives individual citizens the right to become officers. The City Attorney suggested the ordinance be tabled until the Directors can be provided a copy of the article which precipitated the request. Director Hess said he thought the ordinance implied that individuals could ride around in neighborhoods looking for stray dogs to pickup and take to the Shelter. Hess said he wasn't in favor of people taking on the responsibilities of the animal control officer, but he didn't object to citizens bring in animals found at large in their own yards. Coates asked what would be done about an animal that stepped off an individual's property. Hess proposed that then it would become the right of the next property owner to take the animal into custody. It was moved by Marinoni and seconded by Hess to table the request until the article can be placed in the agenda for the Board to make a policy decision. Upon roll call, the motion passed, 4-0. ARTS CENTER LAND ACQUISITIONS Reporting on land acquisitions for the Arts Center, City Attorney McCord told the Board that title insurance commitments had been obtained on four parcels for which settlement had been reached. He said closings are hoped to take place on or about May 6. Director Lancaster asked the City Attorney if he had any problem with making the expenditure in light of a pending lawsuit and controversy. The City Attorney said the Board was aware of the threat of litigation, but said from everything he had seen, the improvement district was properly organized and assessments had been properly levied. He added that the University Board of Trustees had approved the acquisitions as well. 1' 61 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 101 April 29, 1988 161.1 The City Attorney left the meeting at this point. REZONING/R88-6 161.2 The Mayor introduced an ordinance rezoning .72 acre located at the northeast corner of Lee Avenue and Bertha Street, from R-1 "Low Density Residential" to C-1 "Neighborhood Commercial." She reported the Planning Commission recommended approval of R-0 "Residential Office", and that the Planning Consultant recommended either R-2 or R-0. It was noted that the petitioner, Donna Caudle, wished to be able to serve more children in her day care center. Caudle said she would agree to R-0 if she can have a sign. Acting Planning Director Don Bunn said a four square foot sign would be permitted in the R-0 District. 161.3 The City Manager read the ordinance for the first time. 161.4 Director Marinoni, seconded by Hess, moved to amend the ordinance from C-1 to R-0. Upon roll call, the motion passed, 4-0. RECESS 161.5 The meeting was recessed at 9:20 a.m. and reconvened at 9:35 a.m., at which point Director Martin arrived. REZONING/R88-6 161.6 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 Marinoni, seconded by Hess, made a motion to further suspend the rules and place and 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. 161.7 ORDINANCE NO. 3347 BOOK AY/ V APPEARS ON PAGE Jar OF ORDINANCE AND RESOLUTION BID WAIVER/YOUTH CENTER VAN The Mayor introduced an ordinance waiving the requirements of competitive 162 April 29, 1988 bidding for the purchase of a 3/4 -ton 15 -passenger van for use by the Youth 162.1 Center and the City of Fayetteville. TheCity Manager read the ordinance for the first time. 162.2 The Mayor said the Board would have.to reject the bid which was submitted in 162.3 order to authorize the purchase proposed by the staff. Director Marinoni, seconded by Hess, moved to reject the bid. 162.4 The City Manager clarified that the purchase is proposed to be made from 162.5 Lewis Chrysler rather than from Lewis Ford. Upon roll call, the motion passed, 5-0. 162.6 Director Marinoni, seconded by Hess, moved to suspend the rules and place 162.7 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 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, 5-0. The ordinance was read for the third time. Director Marinoni asked what the City's relationship was with the Youth 162.8 Center. The Mayor explained that the Youth Center was a separate entity under the jurisdiction of an 18 -member Board. She said they had one_ representative on the Parks and Recreation Advisory Board. She said the Youth Center 'Board approves decisions for the operations.of the Youth Center, and that the Parks Board also approves programs for the Parks Department which involve the Youth Center. The City Manager explained the Parks & Recreation Director's salary is paid half by the City and half by the Youth Center. Linebaugh said the City is a major contributor to the Youth Center's budget. The City Manager said the title to the van would be in the City's name. Upon roll call, the ordinance passed, 5-0. 162.9 ORDINANCE NO. 3348 APPEARS ON PAGE 1530 OF ORDINANCE AND RESOLUTION . BOOK XX/ BID WAIVER/MOTOROLA EQUIPMENT The Mayor introduced an ordinance waiving the requirements of competitive 162.10 bidding for the purchase of additional Motorola radio equipment. The City Manager read the ordinance for the first time. 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. 162.11 lb.i April 29, 1988 163.1 Director Lancaster commented that the City would never get another bid since Motorola is the sole supplier. He said Motorola can charge the City anything because they are the sole manufacturer and the sole distributor. Fire Chief Jackson agreed but told the Board there may be another company in the future which will built compatible equipment. 163.2 The Mayor asked what equipment would be purchased. Linebaugh said hand held units and several other pieces of equipment in the budget would be purchased. 163.3 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, 5-0. The ordinance was read for the third time. Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3349 APPEARS ON PAGE 3 3/ OF ORDINANCE AND RESOLUTION BOOK XX/ TRANSIT AUTHORITY 163.4 Director Martin asked the Mayor what action the Board took on the proposed resolution supporting the development of an area transit authority. The Mayor explained the Board passed the resolution. She said there would be no financial obligation to the City, but the State would receive funding within the next year. 163.5 Director Martin commented that he had grave reservations about the establishment of a transit system which he said he had seen fail in cities with heavy population. Martin said he didn't think one would work in Fayetteville. Hess said the authority would act as a conduit for the use of federal funds. Martin said he would like to see a feasibility study done before investing in mass transit. The Mayor said the University was presently doing such a study. She said the ideas was to create an extension of the University's already existing transit system to allow Fayetteville citizens to ride the system. 163.6 The City Manager said the City has to get involved in order to set up the authority. He said the authority can contract with anyone to operate a transit system. Martin asked if the authority could do anything it wants to do without any oversight. The Mayor said the authority could not expend public funds without public support. Local reporter Phyllis Rice asked if the authority could issue bonds. The City Manager said he did not know. Martin said he was seriously concerned about creating authorities without knowing what they can and cannot do. April 29, 1988 PARKING EXEMPTION 164 The Board returned to consideration of the request from the Public Safety 164.1 Director for an ordinance which would exempt government vehicles from receiving parking tickets. The Mayor said the ordinance had been read once and asked for motion to 164.2 suspend the rules. Director Marinoni, seconded by Hess, 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 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, 5-0. The ordinance was read for the third time. Director Martin asked why the request was being made. City Manager 164.3 Pennington said the City presently has to go through a very laborious system when City vehicles park in a metered space for a limited amount of time, whereby the employee must obtain petty cash, because according to the Code,' the vehicle must be ticketed. He said the big problem was with vehicles from the F.B.I., the State of Arkansas, and other governmental vehicles which are ticketed. Traffic Superintendent Franklin said when individuals from those organizations received tickets they simply write "official business" on their ticket and expect not to pay for the ticket. Franklin said this includes organizations such as the Game and Fish Commission, State Troopers, Fayetteville policemen, and all public government vehicles. Director Martin said he thought it would be a problem differentiating 164.4 between the responsibilities of a public employee from that of a private employee who comes downtown to do business and gets a ticket. Pennington said any community in the United States has a policy whereby tickets are not given to -any governmental unit going to a governmental meeting. He said it was standard policy that governmental units do not pay parking meters. Martin said he agreed that meter readers or police and fire department 164.5 employeesshould not have to feed meters in the course of conducting business, but he disagreed with the idea of bureaucrats receiving different treatment from that which private citizens receive. Martin said he thought, in private enterprise, it was the exception and not the rule for an employer to reimburse an employee for a ticket received for violating the law. Director Hess asked if there could be an abuse of the policy. City Manager Pennington said employees using City vehicles would have to be on a specific assignment; and that an internal procedure would be used for vehicles from out of town. Marty Coates said City vehicles would not be permitted to park in front of City Hall in metered spaces. Director Marinoni asked if the policy would apply to employees from the 164.6 federal building or the county courthouse. Franklin said public property. vehicles would be exempt from receiving tickets. Coates said if a public property vehicle is found parked at a meter the City would have to assume the driver is on official business. 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 April 29, 1988 Martin said if this is a widespread practice among governmental agencies, he thought it was an unattractive one and one that sets the wrong example for the community. Pennington said the exemption will apply to cars with official license plates or to visitors who receive a form which can be placed inside the ticket envelope making them exempt from paying the ticket. Upon roll call, the ordinance passed, 4-1, Martin voting in the minority. ORDINANCE NO. 3350 APPEARS ON PAGE 3,32. OF ORDINANCE AND RESOLUTION BOOK XX“/ OTHER BUSINESS F.O.I RECORDS REQUEST The Mayor asked if someone had responded to the request for records (page 11.12 in the agenda). The City Manager replied that the City Attorney and City Clerk had responded to the request. TELEVISING OF MAY 3 MEETING The Mayor asked that the May 3rd meeting, at which appeals of improvement district assessments will be heard, not be televised. She said that, although the meeting will be public, the assessments were private. She added that the City could save about $200 by not televising the meeting. Mayor Johnson, seconded by Marinoni, so moved. City Manager Pennington said the City Attorney will give the Board specific instructions in reference to the appeals. He said the Board will only address one issue and individuals will appear before the Board in order. He said the meeting may have to be adjourned to another day if all the appeals cannot be heard in one evening. He said discussion should be kept to one point, the issue of whether the assessment was fair. Director Martin asked why the public was not entitled to have their views televised, commenting that the whole thrust of our government is one in which you can put your case before the public. Johnson said in this meeting citizens will not put their case before the public, but that the Board will act as judges as to whether or not the assessment has been levied correctly. Martin commented that the only reason the Board is there in that fashion is because they are public officials. Johnson said the City Board was not in charge of the improvement district nor did it have anything to do with choosing the assessors or the criteria they used. 1bt April 29, 1988 City Manager Pennington stressed that this was a regular Board meeting, 166.1 whether or not it is televised, and that the appeals must be heard at a regular.Board meeting. He said the hearing of the appeals would be preceded by a presentation on the assessment process. Director Martin said the only reason the City Board had a say in the matter 166.2 was because they were public officials. Director Hess said he thought the Board would be dealing with a very small 166.3 segment of people with a personal gripe and, in that sense, maybe it was more of a personal session. Director Lancaster said he thought it would be a highly emotional situation 166.4 where people, some of them retired, will be pleading their case. He said he was not qualified to rule on the. assessments. The Mayor reminded the Directors that the meeting would begin at 5:30 p.m. Upon roll call, the motion passed, 4-1, Martin voting in the minority. REVENUE FOR SCHOOLS 166.5 166.6 Director Hess said some Board members had received letters and calls 166.7 regarding the School Board request for funds from the City. He suggested that the City had available another 1% sales tax subject to approval of the voters. He suggested the Board ask the staff to get some financial figures on an additional 1% sales tax for three years. He said he didn't think funds should be taken from the existing City budget and allocated to the schools. He said he thought the three-year period would mean a dramatic reduction in any interest payments. He said he thought the proposal was fair because others besides Fayetteville citizens would be contributing to the schools, putting less of a burden on Fayetteville. .In answer to a question from Director Martin, City Manager Pennington. said the City had not received an official request from the School Board. Mayor Johnson said the Board should look at what the City can legally do She said the School system could not pass a sales tax, and that there is a stipulation on any sales tax which could be passed by the voters, in that it can only be used for certain items. Johnson said this information should be obtained before any projections are developed. Director Lancaster said he thought this was the school system's problem and they should come up with a reasonable bond issue which people would vote for. 166.8 166.9 166.10 Director Martin said the proposal was a fundamental change in the sources 166.11 and uses of public funds, and he would advocate extreme caution, since the City already has a full agenda it can't fund now. 161 April 29, 1988 167.1 Hess said he thought the schools were an integral part of the community and if they deteriorate they affect other segments of the community. Johnson agreed it was a community problem but thought the Board should look at the City's long term and short-term capital projects and how much funding they will require. WINDFALL FUNDS 167.2 Director Hess asked that steps be taken forward with the windfall money which he said he understood was not to be used for normal city functions. He said many proposals were put forward and asked if the staff could prepare a summary of the proposals. 167.3 The Mayor said she thought the Board was waiting for the Economic Development Coordinator to be hired. Hess said he would construe economic development as a normal city function. Lancaster said the way the city's financing is going he thought that money might have to be used for normal city functions. PORTER ROAD BRIDGE 167.4 Director Lancaster said he had received a complaint about the bridge on Porter Road, that the street has been blocked for months and work is only being done once in awhile. TRAFFIC AT SYCAMORE & GREGG 167.5 Lancaster said he received a complaint about the traffic at Sycamore and Gregg, that there are bad wrecks at that intersection. Coates noted that this intersection was included in a list of traffic division projects for the next year included in the agenda. SKATEBOARDING 167.6 In answer to a question from Director Lancaster, Public Safety Director Coates said it was illegal ,to skateboard on the sidewalk. Traffic Superintendent Perry Franklin said about a month ago citations were written for skateboarders, whose parents subsequently complained to the City Prosecutor. Franklin said he met with an attorney for a group of parents who wanted to shut down a street for skateboarding. He said he explained that it would create a hazard if a street were reserved for skateboarding because the drivers will not watch out for the skateboarders. He said he volunteered to work with a group of parents to find a place for children to skateboard but has not yet heard back from the parents. April 29, 1988 t? SIGNAL AT OLD WIRE ROAD AND TOWNSHIP Franklin said there was a misunderstanding at the last Board meeting about a traffic signal to be installed at Old Wire Road and .Township. He said the left turn lane an the. west side of Township would be widened but the signal project would be based on when utility relocation can take place. City Engineer Don Bunn said some of this work was not anticipated when the budget was prepared. City Manager Pennington said it was not known at this time whether or not the utility relocation cost will be the responsibility of the utility company, but an attempt is underway to clarify the policy. C.D. FUNDING FOR HEALTH CENTER 1.bt3 168.1 The Mayor asked what would happen to the community development funds which 168.2 were allocated to the health center to repair the old St. James Baptist Church building which has now been torn down. The City Manager said those funds would be reallocated between now and the end of the fiscal year. Director Hess pointed out that the health center was still in operation. UNSIGHTLY PROPERTY Director Lancaster said the tearing down of a building on South School was 168.3 begun and the work stopped before it was completed. The Mayor said this was a building located next to City Lumber. TRAFFIC COUNTERS Public Safety Director Coates said, although the City of Fayetteville does 168.4 not own any traffic counters, some have been borrowed from Fort Smith and some counting is going on in,places such as North Street, Gregg Avenue, Old Wire Road, -Township Street, and Rolling Hills Drive. NORTH STREET CONSTRUCTION Director Lancaster asked when construction would be scheduled on North 168.5 Street down hill from Gregg Avenue. City Engineer Don Bunn said the staff was waiting for a decision on telephone company relocation costs. City Manager Pennington said Southwestern Bell is saying the City should pay for .the relocation of utilities, and the City is saying it is Bell's responsibility. He said a polidy decision would be made by the State. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 168.6 10:45 a.m.