HomeMy WebLinkAbout1989-02-07 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was held on
Tuesday, February 7, 1989 at 7:30 p.m. in the Directors' Room of the City
Administration Building at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Martin; Directors Spivey, Vorsanger, Green, Lancaster,
Kelley and Marinoni; City Manager Pennington, City Attorney
McCord, City Clerk McWethy, members of the staff, members of the
press and audience.
ROLL CALL
The meeting was called to order by the Mayor with all seven Directors present.
The Mayor led those present in reciting the "Pledge of Allegiance," followed by a
moment of silence.
The Mayor welcomed the public watching the proceedings on television, as well as
those present in the audience. He said that everyone -would be permitted to speak
on each issue, but asked that those state their names and addresses, keep their
comments concise and non -repetitive, address them td the entire Board, and that
any questions for a particular Director or staff member be directed to the
presiding officer.
+- I
CONSENT AGENDA
Martin introduced
be approved
resolution;
Martin
so on
follows:
•
the consent -agenda, explaining it consisted of
by motion, or contracts and leases 'which can
and which may be grouped' together and approved
said any Director wishing to remove?an item from the consent agenda may
his request. The Mayor introduced the items on the consent agenda,
,
Minutes of the December 13, 1988 Special Board
17, 1989 regular Board meeting.
items which may
be approved by
simultaneously.
do
as
A.
B. A resolution authorizing the Mayor and
agreement with the Fayetteville Humane
the City Animal Shelter and enfo
ordinances of the City;.$
•
•
meeting and the January
City Clerk to execute a one-year
Society, Inc., for operation of
rcement of the animal control
•
37.
37.:
37.
37.
37.'
The staff recommends' approval of the contract. The following are 37.1
some of its major provisions:
The City would pay the Society $15,375 in monthly
installments. Fees or donations received at the Shelter
would be used by the Society for operations. Any excess
37.'
February 7, 1989
38.1 funds remaining in the shelter's operating account at the end
of 1989 would be deducted from the City's $50,000 pledge
towards the construction of a new shelter.
38.2
The City would lease the building to the Society for a fee of
$1 per year, and be responsible for maintenance and
insurance, while the Society would be responsible for
equipment repairs and minor repairs.
38.3 The City would provide the use of two patrol vehicles which
it will keep maintained and insured.
38.4 The Society would operate the Shelter in conformance to U. S.
Humane Society guidelines and would enforce all animal -
related ordinances of the City.
38.5 Personnel would be City employees supervised by the Society.
38.6
38.7
RESOLUTION NO. 11-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
C. A resolution notifying the Joint Committee on Public Retirement and
Society Security Programs of the Board's awareness of a proposed Senate
Bill to allow cities to contribute additional funds to the fire and
police pension and relief funds; and certifying that the Board
recommends the adoption of the Bill and is willing to assume any
additional financial obligations due to its adoption;
The City Manager recommends approval of the resolution. If the
Bill were passed, it would allow the City, upon Board approval, to
increase its contribution to the Fayetteville Fire and Police
Pension funds, from 6% to 9% per year.
RESOLUTION NO. 12-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
38.8 D. A resolution authorizing the Mayor and City Clerk to execute a Warranty
Deed conveying 2.3 acres of City property in the Fayetteville
Industrial Park to TK Enterprises, at a purchase price of $11,500;
38.9 The City Manager recommends approval of the transaction, which
will result in the construction of a new 10,000 square foot
facility for Heartland Supply, a warehousing operation supplying
chemicals to the food processing industry and owned by TK
Enterprises.
RESOLUTION NO.
13-89 APPEARS ON PAGE
OF ORDINANCE AND RESOLUTION BOOK
February 7, 1989
E. A resolution authorizing approval of a change order to the City's
contract with Fayette Tree and Trench for sewer projects on Dickson
Street, Westend Avenue, Eastwood Drive and Storer Street; and approval
of a budget adjustment;
19.:
This change would add sewer main replacement for Oak Drive Sewer 39.:
Main, at an estimated cost of $27,030. A budget adjustment of
$27,030 is requested to be taken from "unreserved fund balance" to
cover the cost of the change order. Unreserved fund balance has
been increased by the transfer of the odor control project to the
Sewer Plant Construction budget.
Approval is recommended because this sewer main has deteriorated 39.:
to a point that overflows and backups are a continuing problem and
a health hazard on Oak Drive.
RESOLUTION NO. 14-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
F. A resolution authorizing•award of contract,for demolition of structures
on the site of the Walton Arts Center; •
ti
Bid opening is scheduled for February 1. The Arts Center Council
is scheduled to meet on February 2, to review bids and make a
recommendation to the City Board and the University Board of
Trustees. •
The Mayor reported, in reference.to'item 1F; that -the Arts Council had met and
accepted the architect's recommendation to award the bid to the low bidder, J. A.
Patton, at $49,000. E
RESOLUTION NO. 15-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
It was moved by Kelley and seconded by Vorsanger to approve the consent agenda.
Upon roll call, the motion passed, 7 0. -
City Attorney McCord advised that, in reference to item 1E, an ordinance was
required to -waive bidding requirements for items in excess of $10,000. McCord
read such an ordinance for the ^first time. Director Marinoni, seconded by
Kelley, moved to suspend the rules and place the ordinance on its second reading.
Upon roll call, the motion passed,. -7-0. The ordinance was read for the second
time. Director Marinoni, seconded,by Kelley, moved to further suspend the rules
and place the ordinance on its, third and final reading. Upon roll call, the
motion passed, 7-0. The ordinance was read for the third time. The Mayor asked
if anyone in the audience wished to comment on the ordinance. No public comments
were expressed. Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3403 APPEARS ON PAGE fir -3 OF ORDINANCE AND RESOLUTION BOOK
KXiV
39.4
39.E
39.E
39."
39.£
February 7, 1989
ARTS CENTER PROJECT
40.1 The Mayor introduced a joint report from the City/University of Arkansas Arts
Center Council and Arts Foundation, regarding the status of the Walton Arts
Center project. The Mayor noted that the President of the Council, Lloyd Seaton,
would address the Board, as well as the President of the Foundation, Scott
Linebaugh.
40.2 Dr. Seaton reported that two years ago the Arts Center Council started its work,
selected an architect in March of 1987, and the architect and his consultant
started the review of the program after some work in October of 1987, and began
major design studies at that point. He reported the Director was hired in
October of 1987 - Bill Mitchell - and since that time he has worked closely with
the architect, the City, the University, and the community in assessing needs and
helping assist in the development of plans for construction. Seaton reported
bids were let on the asbestos contract which has been signed, the asbestos is
being removed, and the architect's recommendation on the demolition appears to be
in line with what was expected. Seaton said the architect is presently in the
design phase and the next step will be preparation of detailed construction
drawings and construction documents. He estimated this work would take about
three months to complete. Seaton said conceivably construction could start in
the summer, with the time frame to completion estimated at 18-21 months.
40.3 Seaton introduced the other members of the Council who were present in the
audience - Jim Gilbreath, Treasurer; Sonja Decker; Frank Sharp (who was President
for the first year); Dr. Bernie Madison; and Dr. Andrew Gibbs. Seaton expressed
his appreciation for their very hard work.
40.4 Director Vorsanger said, after reading the annual report, he ran into an attorney
who said that "we almost have 66% of the signatures on a petition to dissolve the
Dickson Street improvement district." Vorsanger asked the City Attorney if the
petition came to pass, how it would affect the building of the center. McCord
explained the City Board initially conditioned the location of the Arts Center on
the Dickson Street site, with the requirement that an improvement district be
formed to provide approximately 500 spaces of off-street parking. He said that
condition was removed by the City Board when the acquisition of the north half of
the block had been obtained by negotiation and when he advised the Board there
was pending litigation challenging the improvement district. He said he was not
aware of any statutory procedure to dissolve an improvement district by petition.
He said there was a legal challenge to the district filed in Washington County
Chancery Court, the case was tried a few months ago and the validity of the
district was upheld. He said the litigation was on appeal, and he said he was
confident of prevailing on appeal. McCord said, based on the decision of the
Board, the project "is a go" without any guarantee that the parking will be
provided.
40.5 In answer to a question from the Mayor, Seaton explained the Arts Center Council
was created by the Board in agreement with the Board of Trustees of the
University of Arkansas, to construct and operate the center. He said the
ownership of the land, and of the center, rests with both the City and the
February 7, 1989
University. He explained the Foundation was created as a vehicle to provide
operating monies, and received an initial endowment of $3 million, with $1.5 of
• that from the City and $1.5 from the University. He said the earnings from the
endowment were to be used to operate the facility. Seaton commented that the
.,center would make a major change in the Dickson Street area.
Scott Linebaugh, reporting for the Foundation, told everyone .present that the
annual report is available to the public in both the City Manager's Office and
the City Clerk's Office. He said that report included copies of the audit of the
Arts Center Council and the Arts Foundation, and the 1989 budget for the Arts
Center Council. He said a mission statement was included as well as diagrams of
the building and timetables for demolition and construction. Linebaugh listed
the names of the other members of the Foundation, three of whom were appointed by
the City and three by the University - Elaine Longer (present in the audience),
Billie Starr (present in the audience), Dr. Willard Gatewood, Dr. Stan Smith, and
and Dr. Janet Flaccus. He said the Foundation's function was to solicit,
receive, invest and manage contributions, and to engage in fund raising, as well
as to establish an endowment and make sure it is handled properly; and to pay the
Arts Center Council the funds they need to handle operations, maintenance and
management of the facility. He said the initial $3. million endowment, as of
January of 1989, has grown to $3,281,365. Using the current investments,
Linebaugh said he anticipated an annual income from that of approximately
$300,000 per year. He said. the investments were held in Treasury notes and
bills. Linebaugh said the foundation was fortunate to,.receive a large gift for a
rose garden. He said their fund raising campaign has not yet begun and will wait
until final cost figures are available for construction and operation of the
building. He said the Foundation has been developing plans for fund-raising, has
formed a -"cultural planning task force" made up of members from both the Council
and the Foundation. He said thegroup has set up the endowment, acquired legal
help in filing necessary forms, set up investment policies and philosophies, and
• set up the necessary custodial accounts.
The Mayor asked if anyone in the audience wished to comment on the report.
resident of 304 W. Meadow, remarked that the report didn't say
expansion of the center, and asked if it has been expanded by
feet. He asked about the parking requirements in connection with
Bill Stiles,
anything about
10,000 square
any expansion.
Seaton replied that in the preliminary • design.stages, the community needs were
determined, and an estimate was made of the demands.. He said two activities were
ruled out - the organ and a dedicated television studio. He said the project is
now over the preliminary estimates of square footage by almost 19%. He said
there was a designated budget initially for land and the building, the two boards
elected to extend the land acquisition and that caused a cost overrun. He said
if the facility were built now according to the preliminary design work, he was
reasonably sure there would be a cost overrun. He`"said the architects have now
been asked to come up with alternatives before the final construction drawings
begin. He said the lobby, gallery and restrooms increased in size. Seaton said
none of the growth would have an impact on additional parking.
'i 1
41.]
41.;
41.:
41.z
41.!
February 7, 1989
42.1 Stiles asked if the Arts Center had received a waiver of the ordinances. The'
City Attorney said he was not aware of any waivers. Stiles asked if the increase
in square footage would increase the parking requirements. McCord said the
zoning ordinance required a specified number of parking spaces, depending on
usage, and authorizes approval of off-site parking space to meet that
requirement , provided those are within a specified number of square feet. He
said his understanding was there would be a designated number of on-site parking
spaces and off-site parking spaces which would be approved by the Planning
Commission in accordance with the provisions of the zoning ordinance, to be
provided by the improvement district. Seaton said the increase in space does not
change the main facility which will have 1200 seats. He said the size of the "A
box" or the "black box" (a small theatre) has not changed, and the bulk of the
increase is related to gallery and lobby space, in order to handle the 1200
people flowing in and out of the building. He said the architect is cognizant of
the parking requirements and they are being met.
42.2 Martin suggested someone on the staff should make certain that there is, by
virtue of the increase in size, not an unforeseen increase in the parking space
requirement, and provide Stiles a letter to that effect. Seaton pointed out that
the size still has not been pinned down yet, and must still be related to the
total cost of the facility and what we can afford. Stiles said the arts center
had grown from encompassing the front half of the block to taking in the whole
block, has gone from 300 to 1200 seats, and it is continually growing in size.
He said he was one of 200 homeowners in the improvement district who will be
paying for the parking. He said they weren't notified they were in the district
and it didn't seem like anybody ever asked them if they liked what was going on.
He said every time there is a change in the arts center, it affects them and they
would like to know about it. He said the people in charge of the district do not
see fit to have meetings or to inform the people in the district what's going on.
He said, although they were required to by law, to his knowledge they have not
had one open meeting. He said he had a document put out by the city staff that
says the parking requirements when the project started were 374. Martin promised
Stiles that he would get an answer to his question about the parking and it would
become a matter of public record.
WATER LINE IMPROVEMENTS
42.3 The Mayor introduced a report and recommendation from the Public Works Director
on a request from the Sunrise Mountain Homeowners Association for water line
improvements on Sunrise Mountain; deferred from a November 1, 1988 meeting.
Martin said a lengthy report on this water system was prepared in 1978 and was
provided to the Board, said he understood that the system is about 20 years old
and needing repair or replacement, and said the City Engineer had analyzed the
needs and made several alternative recommendations, ranging in cost from $30,000
(for minimal improvements) to over $300,000 (for full development on Sunrise and
McCollum Mountains). Martin quoted the staff recommendation:
42.4
It is the recommendation of the staff that the property owners on
Sunrise Mountain be required to make improvements to the Sunrise
1
February 7, 1989
Mountain system equal to "Alternative 1B", in exchange for the City's
ownership and maintenance of the system, 1B being at an estimated cost
of approximately $80,000.
- 43.:
Director Vorsanger moved to accept the City proposal. Director Vorsanger read an 43..
explanation of Alternative 1B as follows:.
This alternative consists of about 3,000 feet of 4" plastic main from
S. School to the existing station, a standby booster pump, and a 2,500
gallon pressure tank. The cost of this alternative is about $80,000
and would serve about 15 customers, but would not provide any fire
protection. This alternative is recommended as a minimum the City
would accept in order to take the lines over for ownership and
maintenance.
43.:
The motion was seconded by. Kelley. 43.z
Speaking on behalf of the residents, Lamar Pettus told the Board the system had
been there for 18 years, now serves nine houses on Sunrise Mountain, and three
houses on the "Askew farm." He asked that the City considerasking the residents
to pay 15 or 20% of the project. He said the recommendation before the Board
would cost the residents about $7,000 per home just to get the line to the
booster station. He said the homeowners on Sunrise -Mountain could not afford the
burden of the entire cost.
Marinoni asked if Askew had been approached about the possibility of him paying
for the difference incost between a 4" and a 6" line. Pettus said, although
there was no legal commitment from Askew, they had been assured he would pay his
fair share along with everyone else: He pointed out that Askew needed the system
the least. Marinoni said oversizing to 6" would meet the minimum standards for
subdivisions, and would allow -.fire hydrant service. Pettus said Askew was not
interested in subdividing or developing, but said one of the problems is the land
will eventually be developed. Pettus also pointed out there were 19 lots in the
Sunrise Mountain Subdivision and said the cost would be spread a little wider
than among just 12 households. Director Green suggested the cost might instead
be shared by the 19 lot owners. Pettus said that was more feasible for homeowners
who actually live there and are connected to the line, but said the problem was
the nine people who actually live there do not want to get stuck with the cost of
providing the system that will., allow full-scale development in the form of
subdivisions. He suggested some form`of.ordinance which would provide that, in
the event of future development, the developer would not only pick up the cost of
the future expansions of the system, but also part of'the cost of what is being
incurred by the City in getting the system upgraded. 'He said the proposal is
only half of the project, because once you get to the pump station, lines must go
up the mountain to the individual residences. m
Vorsanger said he was concerned about the lack of fire protection and wondered if
the residents would consider expanding a system which would include that
1 , 4
•
4
43.!
43.E
43.:
44.1
44.2
February 7, 1989
protection. He said he assumed that would somewhat reduce their fire insurance
rates. Vorsanger said he hoped the City could do something about that.
Martin said apparently the system that was put in was "of debatable standards"
and the question was whether the rest of the citizens are being asked to pay for
a system that maybe wasn't properly installed in the first place. He said if
that had been properly installed and the City had taken it over, that the City
today would be required to replace it if it failed. He said that cost would come
out of water fees paid over the years, and it seemed to him there was an attempt
to shift some costs, that weren't properly borne in the first place, to the rest
of the citizens.
44.3 Pettus said he thought if the residents had realized the situation they were
getting into when they came into the City and asked for waivers and consent to
build homes, the homes would not be there today. As far as spreading the burden,
Pettus said he thought that was just part of the way governments operate. He
said a lot of citizens could make the same argument as far as the wastewater
treatment plant cost overrun, commenting that cost has been shared by all the
citizens. He said the same argument could be made about the major cost overrun
because of the incinerator project, commenting that we all have to share that
cost. He said at the same time he thought the City owed an obligation to extend
services to the communities which have been annexed into the City. He said there
had been major expansions of the sewer system for the last 25 years and people
were required to connect to it when they got within 300', and we all shared the
cost of those expansions.
44.4 Green said when he suggested the cost could be spread over the 19 lots, when all
the lots were developed the City could recoup all of its investment but, until
that time, the City would be "loaning" the money to seven of the homeowners (who
were not residents). Green said that would reduce the cost to about $4,500 per
household. He said for the 6" line, the cost would be increased somewhat but may
partially be offset by lower fire insurance rates.
44.5 Pettus requested the Board table that proposal until the next meeting so that he
can meet with the homeowners as a group to study the situation.
44.6 Director Lancaster said when the property was taken into the City, "Mr. Will had
a map drawn where he proposed some lots" but said he didn't believe there has
ever been a subdivision formed. He said in the meantime Will built houses. He
said when a subdivision is platted, the residents put in their own system and
then it is accepted by the City. He commented that "one of the main persons that
should be involved in this and that would benefit from anything that the City did
later is not involved." Pettus said he thought there was a court order which
specifies that the platted Sunrise Mountain "attempted subdivision" is not a
subdivision that has ever been accepted by the City, and said he didn't intend to
indicate that it was a "platted, accepted subdivision."
44.7 Lloyd Calhoun, resident of 3301 Coach Road, said his road was a nine -lot
extension perpendicular to Sunrise Mountain and he had lived there since 1983.
He said the $80,000 proposal was not the system which was needed but was merely
1
February 7, 1989
the beginning, and does not address the matter of extending the water from the 45.1
pump station to the residences.
Calhoun said Mr. Will filed a plat in 1959 with the County which purported to be 45.2
a subdivision plat, along with deed restrictions which ran out about two years
ago. He said he didn't know if that plat complied with county regulations. He
said in 1966 when the area was annexed to the City, the City made clear they did
not consider this to be an approved subdivision, yet the City didn't stop Will
from selling lots, and issued building permits and septic tank permits. He said
he had grave doubts as to the quality of any inspections which were made. He
said he had gone to great expense because of a septic system which failed.
Calhoun said that expense would not have been necessary had there been proper
supervision, proper inspection and proper certification.
Martin said he personally didn't think the City has an obligation to replace the 45.3
entire water system but would like to see the City work with the residents to
defray the cost in any way possible. Martin moved to amend Vorsanger's motion
that the City staff be instructed to work with the Sunrise Mountain homeowners
and to provide such engineering and other technical assistance that they can
feasibly provide, which might help them defray their costs and lower that
estimated $80,000. The motion was seconded by Green.
It was moved by Vorsanger, and seconded by Marinoni, to table the item. Upon 45.4
roll call, the motion passed, 7-0.;
Director Lancaster asked if the homeowners had pursued the idea of the residents 45.E
forming an improvement district.
Director Kelley asked if the staff was now relieved from reporting on the matter.
Pennington assured the Board the staff had not given all the reports, because a
number of questions have been raised. Pennington said at the appropriate time
the staff would be glad to address these. . He said the staff would definitely
continue to work with the homeowners, but commented that the staff's position
does not remain unchanged.
45.E
Lancaster pointed out that septic systems are approved by the county, and not by 45.;
the city, although the cityaccepts the county recommendations.
REHAB POLICY
The Mayor introduced approval. of
Residential Rehabilitation Program
t
•
revisions to the City's Community Development 45.£
policies. and procedures.
Martin explained that under the current program grants were available only to
low-income elderly residents of Fayetteville. He said the revised policies would
expand the program to encourage participation frdmhomeowners of all ages. He
said the grant program, which currently does not.require any payback, would be
changed to a "deferred payment loan program" in order to generate program income.
He said there would be revisions 'to the income eligibility requirements which
45.'.
46.1
46.2
46.3
46.4
46.5
February 7, 1989
would comply with Housing and Urban Development regulations. Martin reported the
staff recommended approval of the revisions which he noted were described in
greater detail in the agenda.
Director Kelley, seconded by Marinoni, moved approval of the revisions. Upon
roll call, the motion passed, 7-0.
R -O -W VACATION
The Mayor introduced a request for an ordinance vacating and abandoning street
right-of-way of unopened Hopper Street, located east of Leverett Avenue and north
of Eagle Street. He explained the owner of property on each side, Jeannine C.
Presley, requested the 30' wide unopened right-of-way be abandoned, from Leverett
Street to the east for about 160' in length. He said the only other adjoining
property owner has concurred in writing, as well as all public utilities and
Warner Cable. The Mayor said the staff recommended approval and remarked that
some Board members viewed the property that morning.
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, 7-0. The ordinance was
read for the second time. 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 passed, 7-0. The ordinance was read for the
third and final time. The Mayor asked if anyone in the audience wished to
comment and no public comments were expressed. Upon roll call, the ordinance
passed, 7-0.
ORDINANCE NO. 3404 APPEARS ON PAGE Ys -9 OF ORDINANCE AND RESOLUTION BOOK
XXiV
BILL AMENDMENT
The Mayor introduced a request from Dan and Deborah Coody for approval to amend a
Bill of Assurance on property owned by them at 215 N. East Street.
46.6 The Mayor explained that in June of 1987 the residence was rezoned from C-2,
"Thoroughfare Commercial" to C-3 "Central Commercial" (with use restricted to
antique sales/art gallery/offices/residence). He said the owners now wish to
amend the Bill to include the operation of a small tea room or restaurant, a use
normally permitted in C-3.
46.7
Martin reported the request was heard by the Planning Commission on January 9 and
a motion to recommend approval passed by a vote of 8-0. He said the Planning
Management Director recommended approval, based on the transitional character of
the neighborhood and the fact that a tea room would cause no significant planning
problem. He said if the request were approved, all applicable building, plumbing
1
47
February 7, 1989
and health codes must be adhered to before a certificate of occupancy can be 47-.1
issued, and the off-street parking requirements must be met.
The City Attorney said the appropriate action would be a resolution to authorize
approval of an amendment to the Bill of Assurance.
It was so moved by Vorsanger and seconded by Green
In answer to a question from Marinoni, Planning Director Merrell responded that
the owner proposes to devote 800 square feet of the existing house to the tea
room. He said the Code requires one space per 200 square feet, and four parking
spaces are on site now and meet the requirements.
47.;
• 47.2
47.4
Upon roll call, the motion passed, 7-0. 47.`
RESOLUTION NO. 16-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
BID PARTICIPATION
The Mayor introduced a request from City Director Paul Marinoni, Jr., for passage
of an ordinance which would authorize him to submit a bid to harvest hay on the
City's sludge management site. The Mayor explained thesite was managed, under
contract, by OMI, which he said has agreed to abide by the City's bidding
policies in the hay harvesting.. The Mayor said Marinoni raises cattle for a
living and would like to submit a bid as any other member of the public.
•
In answer to a question from Lancaster, the City Attorney said, under the
original city manager statutes,- there was a provision that precluded any City
Director having an interest, directly or indirectly, in any contract with the
City. He explained the General Assembly amended that statute recently to
authorize the Board to enact;an,ordinance specifically permitting a Director to
conduct business with the City and prescribing the extent of this authority. He
said, if the Board chooses, they should _adopt'an ordinance authorizing the
Director to submit a bit for the contract and, if it is the high bid, to enter
into a contract for the hay removal. He pointed out that other members of the
public would have every right to bid on the hay removal as well.
The City Attorney read the ordinance for the first time.
•
Marinoni commented that OMI was funded through the City, but was also funded
through their income on the sale of the, hay. He said his bidding might be an
assistance to their income. He said he would be,, bidding "completely on the up
and up, competitively, with anyone else that wanted to bid." He said OMI's
proposal is to advertise for bids about ten days from 'now, and desires to resolve
the issue before the hay season starts. He said he«would abstain from the vote.
47.E
47.7
47.E
47.S
Director Vorsanger said he discussed this with Marinoni and strongly feels that 47.1
no City Director should do business with the City in any form .whatsoever. He
February 7, 1989
48.1 said "there is no way you can get away from a conflict of interest...even if you
win, you lose." Vorsanger said he would vote against the ordinance.
48.2 Spivey asked if bids were sealed and if there was any way Marinoni could have any
kind of inside information which would give him any advantage. Public Works
Director Batie said that was correct and the bidding procedure would be normal.
48.3 Director Green said it seemed to him the intent of the law would be to prevent
any undue influence from the position of Director, and any personal gain. He
said if there was any possibility of that, he would be opposed, but did not see
that possibility in this instance.
48.4 Director Martin, seconded by Kelley, moved the rules be suspended and the
ordinance placed on its second reading. Upon roll call, the motion passed, 5-1-
1, Vorsanger voting "no" and Marinoni abstaining. The ordinance was read for the
second time. Director Martin, seconded by Kelley, moved to further suspend the
rules and place the ordinance on its third and final reading. Upon roll call,
the motion passed, 5-1-1, Vorsanger voting "no" and Marinoni abstaining. The
ordinance was read for the third time. The Mayor asked if anyone in the audience
wished to comment and no public comments were expressed. Dpon roll call, the
ordinance passed, 5-1-1, Director Vorsanger voting "no" and Director Marinoni
abstaining.
48.5
ORDINANCE N0. 3405 APPEARS ON PAGE YS C OF ORDINANCE AND RESOLUTION BOOK
XYIV
REGIONAL PLANNING COMMISSION
The Mayor introduced a request from the City Manager for consideration of the
payment of dues by the City for membership in the Northwest Arkansas Regional
Planning Commission; and a request for a budget adjustment in the amount of the
annual fee - $27,456. The Mayor explained that, when this was discussed at the
annual budget meeting, given the recent hiring of the Planning Director, some
functions previously performed by the Regional Planning Commission had ceased
being done for the City. He said the City Manager was directed to negotiate some
reduced fee, and to determine what the benefits to the City would be from
membership. The Mayor said the Commission has advised its fee structure is non-
negotiable.
48.6 It was moved by Vorsanger and seconded by Marinoni, to approve the request for
the budget adjustment. The Mayor said those funds would come from "unreserved
general fund." The City Attorney advised the motion should include a resolution
for a budget adjustment.
48.7 Green spoke in support of extending the City's membership at least for one more
year, commenting that it was an opportunity to add some real strength to the
Commission. He added that he hoped we would be able to make a significant
contribution and, in turn, the Commission could make a significant contribution
to the planning process for the area. Martin agreed, and Marinoni added that
1
February 7, 1989 ''
Fayetteville has been a leader in regional concepts through the years. He said
the commission is just a further step in that concept. Vorsanger suggested
Pennington ask the Fayetteville representatives on the commission to give the
Board a report at the end of the year as to their impressions on whether or not
we should continue our membership inthe years ahead. Spivey suggested that
report be made before we go into budgeting for next year. -
-=V
49.:
Upon roll call, the motion passed, 7-0. 49.:
OTHER BUSINESS
VORSANGER TO VISIT CONGRESSIONAL DELEGATION
Vorsanger reported he would be in Washington, D.C. next week and, at no expense
to the City, asked if he could talk to our congressional delegation regarding
Warner Cable, and asked if he could visit the national headquarters of "Partners
for Livable Places." He said he was very impressed with their proposed plan for
cities in their next Plan. No objections were expressed by any Director.
WARNER CABLE FRANCHISE
The Mayor said, if the Board concurred, it seemed to him that the citizens would
be anxious to receive from the City Manager some kind of action plan for moving
forward with the resolution of the cable tv franchise, which had been postponed.
He asked if this could be presented at the next meeting. No objections were
expressed by any Director.
Dan Mauritson, resident of 1925 Brower, suggested the Board ask the citizens'
cable tv task force to expand the scope it originally had when it first presented
a report in 1987. He said that the Chairman of that task force, John Watkins,
had told him the group wasn't instructed at that time to look into the cost of
implementing a city -owned system. Mauritson suggested the City send a
representative either from the Board or from the task force or from the City
Manager's Office to a convention in San Antonio on February 22-24, which he said
will be a "cable show and •exhibition" with sessions focusing on new technology
and cable's future competition. He said all cable company suppliers would be
there showing their wares. Mauritson said the Board has expressed reluctance to
own a cable system for fear the equipment could become outdated before it was
installed. Mauritson said the convention would be advantageous for the City.
Mauritson said in 1982 Warner promised to upgrade the system to 54 channels
within three years. Mauritson said he did not appreciate the recent letter sent
to all customers by Warner, which he said stated the City Board was to blame for
the system not being upgraded.
AUTO ZONE SIGNS
City Manager Pennington said a citizen asked a question regarding the "Auto Zone"
signs. He said there was an amendment to our sign ordinance in 1987 and all the
49.:
49.g
49.!
49.(
49."
February 7, 1989
50.1 signs located on the building are "just barely legal." He said the matter will
be addressed later in the year because some things need to be ironed out in the
Sign Ordinance to prevent this type of thing from happening.
ADJOURNMENT
50.2 The meeting was adjourned at 9:15 p.m.
1
1
1