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HomeMy WebLinkAbout1989-11-21 MinutesNovember 21, 1989 6 MINUTES OF A MEETING OF;THE'CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City, Board'of:Directors was held on Tuesday, November 21, 1989 at 7:30 'p.m. in the :Directors' Room of the City Administration Building at 113 West Mountain` Street, Fayetteville, Arkansas. t PRESENT: Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster; Paul Marinoni, Jr., Shell Spivey and Fred Vorsanger; City Manager 'James Pennington, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press and audience 0/.4 CALL TO ORDER The meeting was called to order byathe Mayor, with seven. Directors present. The 380.] Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed the public watching the meeting on television, and those 380.: present in the audience. He said everyone present would have an opportunity to address the Board on every item under discussion. He asked that those wishing to speak introduce themselves, give their place of residence, keep their comments concise and non -repetitive, and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. REPORT TO PUBLIC Mayor Martin introduced the City Manager's report to the public and Board for 380.. the month of October. This report includes financial information, an update on staff activities, and items of general interest. City Manager James Pennington addressed the Board and informed the public that a copy of his report is on file in the City Manager's office for public reviewal. FINANCIAL INFORMATION 380.2 The City is continuing at the same progress that it has for some time, i.e., 380.' expenditures of a little over $32 million are exceeding revenues of a little over $31 million. The deficit is approximately $1.4 million as projected. COMMUNICATION DIVISION The Communication Division has responded to over 2000 calls this past month. INSPECTION DIVISION 380.( The City is still continuing to grow with 1,223 building permits being issued 380.; year-to-date. This is approximately $30.1 million in construction as compared to the same time period last year of $25.6_million. November 21, 1989 WATER AND SEWER DEPARTMENT 381.1 The first performance measurement was performed this past month, and the City was extremely pleased with the outcome of that situation. HOLIDAY SANITATION COLLECTION SCHEDULE 381.2 Mr. Pennington stated that the regular Monday and Tuesday routes had been run, but they were the only regular routes that would be run this week. Leaves will be collected Wednesday. The regular schedule will be resumed on Monday. DISTINGUISHED BUDGET PRESENTATION AWARD 381.3 Mr. Pennington stated that this was a target the City of Fayetteville has been striving to attain --receiving the Distinguished Budget Presentation Award from the Government Finance Officers Association. He stated the staff had done a fantastic job in progressing from the old system of budgeting to the present system. He presented the award to Judy Huffaker, Budget Coordinator. SOLID WASTE 381.4 Mr. Pennington stated that the Solid Waste Division has a presentation for the Board. There are several items on the evening's agenda dealing with the Solid Waste Division, so it would be appropriate to give the presentation at this time. 381.5 SOLID WASTE PRESENTATION Mr. Bob Kelly stated that the staff would like to show the Board the department's solid waste plan and how it will impact with the new rating system. Mr. Kelly, along with Hal Morton, the Solid Waste Administrator and Scott Smith, the Recycling Coordinator, gave'a presentation outlining the goals and progress to date of both the recycling and the composting programs. 381.6 Director Marinoni asked if there were cost items of major consequence like a building to be considered at a later date that were not outlined in the presentation. Mr. Smith stated that the site preparation cost included the building. The cost figures presented were pretty well all inclusive. 381.7 Director Marinoni asked if any part of the selected site was in the 100 year floodplain. Smith stated that it was not. The topographical study that had been done showed the floodplain, and the site lies well above the floodplain. 381.8 381.9 Director Lancaster asked how many tons per week were estimated to be collected. Smith stated of the 550 tons per week of total garbage collected by the City, it is anticipated that about 100 tons per week of composting material will be collected. Lancaster asked after the leaves had been collected, what was to be collected to compost. Smith stated grass and brush trimmings from residences and the street and traffic departments would be collected. Director Lancaster asked what would be done with the compost product. Smith stated they expected demand to exceed supply of the compost material. The Parks Department as well as residents want the material. He explained that the material collected composts down to approximately 10% of the original volume. So, of the 100 tons collected per week, there will be approximately 10 tons of November 21, 1989 material to be distributed.. Smith stated that`the composting process will benefit the City in two ways: (1) by reducing the amount -of material taken to the landfill and (2) by reducing the volume of the original materials collected to 1/10th of their original volume. f Director Vorsanger stated his concern about the deficit of $1.4 million for the 382.] first 10 months of 1989. In the General Fund, the deficit is $523,000 for the first 10 months. He asked how large the deficit would.be.by year end and where the money is coming from to cover the deficit: Assistant City Manager Scott Linebaugh stated the actual deficit is in line with 382.: the projected deficit. The deficit:is in the reserves coming from money that has been accumulated from past years ;,,,He.stated the reserves had dwindled so that they cannot continue to be used._The 1990 budget has been cut to remain with 1989 dollars. - Mr. Pennington stated that this had been discussed during the past two years' 382.: budget meetings. The City maintains at least 1O% of General Fund Revenues in reserve. He stated the 1990 budget will be a "no frills" budget. 10, Vicki Kelly, a resident of 320 W. Mountain, asked about procurement buying 382.2 regarding the recycling program, especially the possibility of several organizations working together to buy paper products that could be recycled in bulk. She also stated she had lost track of the original $500,000 budget dedicated to the recycling program She wondered if the Board could tell her where the money had been spent. Mayor Martin stated that the original plan regarding the recycling program has 382.` undergone some changes. In that regard, some of the planned expenditures have not taken place, and some additional expenses have been incurred. He stated the money would not be reappropriated to another project: Scott Smith stated the budget was approximately $537,000 for 1989. $150,000 was 382.E for land acquisition for the compost site, which was not used because they are using city owned land. Personnel costs are at schedule. There will also be some funds approved tonight for procuring equipment. He stated the budgeted amount would be spent on the recycling program Mr. Robert Royce addressed the Board regarding the timetable for hazardous waste 382.i collection service for households. He wanted to know when the program would be started. Mr. Smith stated that the staff is currently trying to build money into the 1990 budget for this project. Information has been gathered on the project, and the major item to begin is funding. People are being encouraged to call the City for advice but not for disposal of materials at this time. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or 382.E contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda." The Mayor explained that the Consent Agenda represents items on which there is thought to be unanimous agreement by the Board, but pointed out any Director may request the removal of an item from the Consent Agenda. The Mayor read the items contained in the consent agenda, as follows: November 21, 1989 383.1 A. Approval of the Minutes of the November 7, 1989 regular Board meeting; 383.2 B. Consideration of a contract between the City and James Wood for the Lake Sequoyah Boat Dock Operation for the period December 15, 1989 -December 15, 1990 at a cost of $18,100.94. This is not a new contract, rather the renewal of an annual contract. It is a budgeted item and within the budgeted amount. Director Kelley, seconded by Marinoni, made a motion to approve the consent agenda. Upon roll call, the motion passed unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET 383.3 Mayor Martin introduced consideration of a resolution approving the 1990 Community Development Block Grant (CDBG) Budget. 383.4 A public hearing was held on October 17, 1989 concerning the proposed activities for the 1990 CDBG funds. Requests for use of the funds were given by both non- profit agencies and interested individuals. This item was postponed at the November 7 meeting. 383.5 Staff Recommendation: The staff has provided the Board with two options for allocating the 1990 budgeted funds. 383.6 HOUSING: Rehabilitation Property Acquisition 383.7 STREET IMPROVEMENT: Includes repaving, sidewalk repair, and storm drainage for Watson, Thompson, Boles, and Rollston Streets. $175,000 383.8 PARKS & RECREATION: Construction of a fitness trail (Walker Park) and Development of a nature park for senior citizens and the handicapped (Walker Park). 383.9 SIDEWALK CONSTRUCTION: Construction of approximately 2,000 feet of sidewalk along the west side of South College Avenue 383.10 200,000 27,500 50,000 PUBLIC SERVICES: 85,525 (15% CAP) Abilities Unlimited for construction of an addition to the existing recycling center for $75,000. (The Intergenerational Child Care Facility has withdrawn their request for funding.) 383.11 Southeast Fayetteville Citizens Action Committee (SEFCAC) requested $15,000 to be used toward the construction of a Health Center for low-income persons. 383.12 PUBLIC IMPROVEMENTS: Request by Sidiot Goodenough for purchase of approximately 1 November 21 1989 . F'. 4 .. 115 acres located north and west of'Hwy.71,Bypass to be developed as a park.* (Staff researched:ttiis request and found it does not meet HUD eligibility guidelines under the "area benefit" criteria.) Request by Susan Raymond for construction of sidewalks along Deane Street and Wedington'Drive. Request by Susan Raymond for a four-way-stbp signt�be installed at the intersection of Wedington Drive -arid Sang Avenue. This request has been referred to the Traffic Department for consideration. . (None of the Public Improvement requests meet the regulations to receive CDBG funding.) "^` 4 ILA 384.: 384.: 384.: ELDERLY TAXI PROGRAM:5,000 384.1 k EOA WEATHERIZATION: 5,000 384.` ADMINISTRATION: 83,000 384.E Total program funds available for activities in 1990 is $603,800. This includes 384.; the 1990 grant award from HUD and funds reallocated from past projects. Expenditure requests total $645,453. Mayor Martin asked if there had been any clarification on the request for funding 384.£ from SEFCAC. Jan Simco, Community Development Director, stated she has had no communication with the SEFCAC organization. The Mayor asked if there had been a 1989 grant for this project that had not been utilized. Simco stated there had been a grant of $17,500 that has not yet been used. It had been requested to renovate their location in a church. The church was torn down, so the money remains earmarked for SEFCAC. There is no time limit on using the funds, but she would prefer the money to be used in 1990. Dortha Bradley addressed the Board stating the current request was in addition 384.0 to the 1989 grant. They need the total of the two amounts plus additional funding to be able to purchase a permanent location for the health center. Mayor Martin asked if they had an estimate of what their total funding 384.] requirements would be. Ms. Bradley stated they did not at this time, but were working on locating a building they could afford. Director Marinoni stated that one of the reasons the staff did not recommend 384.] funding this year was because there was no specific plan or building. Mayor Martin stated SEFCAC would find a great deal of support for their 384.: worthwhile project from the Board. However, the money they received in 1988 could have already been used by some project. He would rather see SEFCAC come back to the Board at a later time when they have a total plan. Les Kemp, Executive Director of Abilities Unlimited, addressed the Board. He 384.: confirmed that without the CDBG funding, Abilities would be unable to handle the City's recycling project. Novanber 21, 1989 385.1 Director Green asked if the bid on the recycling project included adding handicapped personnel in conjunction with this expansion project. Kemp stated they anticipated doubling their current employees when the recycling project starts. 385.2 Director Vorsanger stated he felt the project was important, but he did not feel this was a good use of Community Development Block Grant funds. If the City feels this is a part of their recycling program, then he feels the expansion for Abilities should be paid for out of the recycling budget. 385.3 Director Spivey asked if Abilities was awarded the contract, and at some point in the future the contract was not awarded, how would the facility be utilized. Kemp stated Abilities had been in a rapid expansion phase for about 6 years. This will be the second expansion of the facility. If they were to lose the contract two or three years down the road, they will have outgrown their structure by that time and will be requesting additional funding for another expansion. The building would be used for their regular workshop function and warehouse storage. 385.4 Director Kelley stated he agreed with Director Vorsanger in theory, but not in practice because he was afraid that funding would not be provided through the recycling project. He stated that the use is proper because it is supporting both the recycling project, targeted income levels, and offering additional handicapped employment. 385.5 Director Marinoni asked if Abilities was a private enterprise. Kemp stated that it is a non-profit organization owned by the collective citizens. He also stated they were not associated with Youth Bridge. Marinoni stated he felt uncomfortable funding an organization that was in a bidding competition with other groups bidding the same project. He agrees that it is a worthy project, but doubts that he can support the issue. 385.7 Kemp stated that the funds are available for facilities such as Abilities Unlimited. They are not violating any sort of rule with the CDBG funding. If they were not involved in the city's recycling project, he felt the funding issue from CDBG funds would be presenting no problems whatsoever. 385.8 Director Lancaster agreed that Kemp and Abilities Unlimited was eligible for a grant. He has no problem with that issue. But, the recycling program has come into play in this issue. He was disappointed with Abilities's bid on the recycling project. In addition, the Abilities bid requires the City to furnish an additional employee. He would like to see them expand, but from a public perspective, he feels this is not right. 385.9 385.10 Les Kemp stated in late July or early August, City Staff approached Abilities with this program Abilities had always stated that the additional materials could not be handled without expansion and funding. City Staff told them there was no money anywhere in the budget to augment their facility. Abilities supplied the only complete bid for the City's recycling program He stated the City could piecemeal the project between Fort Smith and Rogers, but it will cost the City more. - Director Green stated that this was a very confusing issue and had become complicated when it had started out so straightforward. Abilities Unlimited is a non-profit organization that serves a definite community need and can do more o( November,21, 1989 • if it receives adequate funding by employing more handicapped.- He does not feel Abilities should be compared to the public sector. He stated he would support the grant to Abilities Unlimited because of'the benefit it provides to the community. f04 t ' Director Spivey asked why one option required an•additional city staff person. 386.1 Bob Kelly stated it was required by the Abilities bid because hand labor would be required to unload the trucks where' the other bid included automated unloading. Bob Kelly stated there were no changes in the bids -from the time they were opened. Scott Smith stated the Rogers bid was for $912/ton for aluminum and they would provide a trailer and a can crusher. The City would simply shovel the aluminum into the can crusher which -fills the trailer` It is not anticipated that much aluminum will be collected, so this is not anticipated to be a major problem. However, they do anticipate collecting a large amount of newsprint, which will be labor intensive for the City --unload from trucks onto trailers. 386.: Director Kelley, seconded by Green, made a motion to fund Abilities Unlimited 386._` from the CDBG funds. Director Marinoni asked for clarification regarding hiring additional handicapped personnel by Abilities Unlimited if the grant for expanding is awarded. Mr. Kemp stated that additional people would be hired. Director Vorsanger stated that 15% can be allocated to these types of projects 386.` from the CDBG funds, but it is not mandatory to do so. He pointed out again that he felt the recycling program at Abilities Unlimited should be financed through the City's recycling budget not through the CDBG budget. He does not understand why the City would allocate $75,000 to a recycling center and then have to pay to use -the center. 386.1 Director Green stated that the $75,000 grant should be looked at as a subsidy 386.E for the handicapped program It just so happens that it is benefitting a recycling program that this City is standing behind. Lancaster stated, and made a motion to the effect, that the $75,000 be expended from the recycling budget. Fran Alexander asked if it was legal for the City to fund the Abilities Unlimited expansion from the recycling budget. Also, would the City then own that portion of the Abilities Unlimited building. Mayor Martin stated that if this were to happen, then some legal arrangement 386.! would be worked out between Abilities Unlimited and the City. 386.: 386.7 Ms. Alexander reported to the Board that it has been stated at several recycling 386.: conferences she has been attending, industry prefers recyclables coming from non- profit organizations. These organizations tend to have less personnel turnover. She encouraged the Board to consider the CDBG funding and the recycling bid separately and on their own merits. Upon roll call, the motion to approve $74,000 in the CDBG funds for Abilities Unlimited, passed by a vote of 5-2, with Directors Vorsanger and Marinoni voting against the motion. • 386.. November 21, 1989 387.1 There was no motion to allocate any funding to SEFCAC. 387.2 Director Green, seconded by Marinoni, made a motion to approve the CDBG budget. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION 115-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR 187.3 Mayor Martin introduced consideration of a resolution authorizing the award of Bid #89-46 for one (1) truck -mounted hydraulic boom -crane to be used by the Solid Waste Management Division to collect recyclables from drop-off stations. 387.4 The recycling program is entering its final stages of implementation. Drop-off stations should be arriving shortly and to empty these containers, the Solid Waste Management Division will need a truck -mounted hydraulic boom -crane. The equipment will be installed on a presently owned City flatbed truck. 387.5 Staff recommends award of this bid to the low bidder, Dealers Truck and Equipment Company of North Little Rock at a cost of $17,742.40. The budgeted amount for this equipment was $18,000.00. 387.6 Director Marinoni, seconded by Vorsanger, made a motion to approve the resolution. 387.7 Director Marinoni complemented the Staff on their presentation to the Board on the recycling and composting programs. 387.8 Upon roll call, the motion passed by a vote of 7-0. RESOLUTION 116-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 387.9 Mayor Martin introduced a resolution authorizing the award of Bid #89-47 for one (1) compost turner to be used by the Solid Waste Management Division to process compost material. 387.10 The compost turner is central to the efficient operation of the compost site. With this turner (and a required 100 hp tractor), the City will be able to process leaf and grass waste into usable compost in only three to four months. 387.11 Staff recommends award of bid to the lowest bidder, Scruggs Equipment of Memphis, Tennessee, at a cost of $31,694.00. Approval of this bid award will also require a budget adjustment to create a line item for the equipment. The recycling budget has the money for this expense since they did not purchase a recycling truck. 387.12 Director Marinoni, seconded by Vorsanger, made a motion to approve the resolution. Upon roll call, the motion passed unanimously. RESOLUTION 117-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 387.13 Mayor Martin introduced consideration of a resolution authorizing the award of bid #89-51 for one (1) tractor to be used by the Solid Waste Management Division to operate compost processing equipment. 387.14 This tractor is required for the operation of the composting equipment. t November:21; 1989 Y Staff recommends award of bid to the4 lowest bidder; Daugherty Equipment of Lincoln, Arkansas, at a cost of $26,331.50. Approval of.this bid award will also require a budget adjustment. The 1989 Recycling Budget Contains enough money in its Vehicle and Equipment account•to cover.the cost. `Although this is not a budgeted item, the bid is $4,000.00.lower'than the Staff anticipated. 388.: Director Marinoni, seconded by Green,•made a motion to approve the resolution. 388.; Upon roll call, the motion passed unanimously. », -- RESOLUTION 118-89 APPEARS ON PAGE , OF ORDINANCE AND RESOLUTION BOOK Mayor Martin introduced consideration of a request for;an"ordinance vacating and 388.: abandoning a portion ofthe street. right-of-way of Lester Street. Oscar Titus is asking the City to abandon a 5.43 foot portion of the right -of- 388.1 way on the northwest corner of the property. The house is being sold at this time but cannot close until this matter is cleared up. The Staff recommends approval since this situation has existed for at least 20 388.' years, and there are no future plans to upgrade Lester Street. The ordinance was read for the first time. Director Marinoni, seconded by 388.1 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. The City Attorney read the ordinance for the third time. Upon roll call, the motion passed by a vote of 7-0. ORDINANCE NO. 3465 APPEARS ON'PAGE/7o OF ORDINANCE AND RESOLUTION BOOK XX ✓ Mayor Martin introduced consideration of an '.ordinance rezoning property as 388.. requested in Rezoning Petition R89-30. Size of Parcel: 1 acre Location: South of petitioner's property at 2890 Crossover Road Petitioner: James Meinecke Change requested: From A-1 "Agricultural" to R -O "Residential -Office" The petition was considered in a public hearing before the Planning Commission on October 23, 1989. The Planning Management Director recommended approval of the rezoning, reporting the following to the Commission: 388. The property consists of approximately 1 acre and has been zoned A-1. Mr. 388. Meinecke is purchasing the plot that is adjacent to his property (that has been rezoned at an earlier date) where he owns and operates a dance studio, Williams Dance Center, located at 2890 Crossover Road. He plans to build a new studio on the land and offers a Bill of Assurance that (1)• would limit the use of the property, (2) require the access to stay the same as it is now, and (3) call for a wooded buffer of a certain width be left on the property behind the new building. November 21, 1989 389.1 This ordinance was left on its third and final reading at the November 7 meeting to allow the petitioner and his neighbors time to work out the wooded buffer arrangement to be included in the Bill of Assurance. 389.2 Director Lancaster asked if there had been any new developments between Mr. Meinecke and his neighbors. 389.3 Mr. Meinecke addressed the Board and clarified the buffer situation. He is offering a 45 foot buffer zone on his east property line on the lot proposed for rezoning and a 20 foot buffer zone on his existing lot. 389.4 Mr. Remby, Meinecke's neighbor, stated this was acceptable, he did not oppose the rezoning. 389.5 Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 3466 APPEARS ON PAGE /7/ OF ORDINANCE AND RESOLUTION BOOR )0 1 389.6 Mayor Martin introduced consideration of a resolution awarding a contract (Bid #89-50) for the process and marketing of city collected recyclables. 389.7 This is a budgeted item for both 1989 and 1990. Staff recommends either of two options, both being viable: (1) Awarding contract to Abilities Unlimited and hiring one additional City employee, on the condition that Abilities Unlimited receives the necessary funding from the Community Development Block Grant funds for its expansion; or (2) If Abilities Unlimited does not receive their funding, Staff recommends awarding the contract to Roger's Iron and Metal Company and Fort Smith Waste Paper Company. This option would not require additional City labor and the contract costs are within the budgeted amounts. 389.8 Option 1 - Cost of Abilities Unlimited Contract - $8,200.00 Option 2 - Cost of Roger's Iron & Metal Contract - $5,530.00 389.9 Director Green, seconded by Kelley, made a motion to accept Option 1 and grant the contract to Abilities Unlimited. 389.10 Director Vorsanger stated that the Board had awarded $75,000 to the highest bidder. He stated he did not understand the bid. He felt it would have been to the City's advantage to award the bid to the lowest bidder. 389.11 Hal Morton stated that Mr. Vorsanger was correct in comparing the net costs of the two different options. However, the reason both options are considered viable is because of the political value of keeping the business local and supporting a workshop that employs handicapped persons such as Abilities Unlimited. 389.12 Les Kemp stated that in the long run, the costs for Abilities Unlimited will be less than the other bids. He was not sure where the extra person comes in to play. The driver of the City vehicle will have to be at the location while the truck is being unloaded of newspapers one day per week. He stated the volume of newspaper collected will make a significant difference in the bid amounts. The contractor at Fort Smith charges $15 per ton for newsprint. If the City gets more than they expect, the costs will be much more than Abilities. He is also the only bidder that submitted a complete bid as was requested. He further • November 21, 1989 . >. stated that the City's bid..form stated they:would unload their own trucks. Abilities did not request additional manpower from the City: 1 • Director Green stated on this type of bid, you cannot compare apples to apples 390. because unit pricing has been bid. Abilities Unlimited is going to take the newsprint free, and Fort Smith paper was going to charge -to haul it away. It is possible that it will be much cheaper to go with Abilities Unlimited if more newsprint is collected than expected.. R' Mayor Martin does not feel the Citytlias been rooked. _There is a very strong 390. benefit to Fayetteville by backing Abilities Unlimited. He agrees that the low bid should always be accepted unless there are mitigating circumstances. There are mitigating circumstances in this case and even the possibility that the Abilities bid could prove to be the low bid. Hal Morton stated regarding unloading at the Abilities Unlimited facility, the 390. way the bid request was worded required the City to dump their materials at the site and did not involve the City with the labor intensive job of carrying the materials and reloading them into other containers which is what they understand is included in the Abilities bid. Also, the cost of newsprint in the Abilities Unlimited bid is no cost to the City for the first 4 months --it is not on an annual basis. The bids from Roger's Iron and Fort Smith are tied directly to market values on those materials and were considered more stable on a long-term basis. Upon roll call, the motion passed unanimously. 390. RESOLUTION 119-89 APPEARS ON PAGE OTHER BUSINESS CITY OF FAYETTEVILLE VS. ISRAEL OF ORDINANCE AND RESOLUTION BOOK Mayor Martin introduced consideration of settlement of a lawsuit against the City 390. in the case of The City of Fayetteville vs. Israel. City Attorney Rose stated that the former City Attorney Jim McCord has asked the 390. Board to consider the settlement and seeks the Board's advice regarding seeking such a settlement. The proposed settlement is for the 3.61 acres in question to be purchased by the City for $10,000 per acre plus the $2,401 that has been deposited into the registry of the court. This would be a total price of $38,501.12 the City would pay for the 3.61 acres. In addition, the City would agree to remove the sampling station. The developers would also be able to use the 3.61 acres deeded to the City through the settlement as part of the park land dedication requirement under their subdivision regulations. Mayor Martin asked what was situated on the 3.61 acres. Rose stated that this 390. was the discharge site for the sewage disposal facility into the Illinois River. McCord had stated this was not in any way conceding any effluent damage downstream, and it is not payment for any pollution damage whatsoever. It is simply allowing the City to settle by buying -the property that is the controlling area for the discharge point of the facility. Director Lancaster asked if there_was•any way to determine the amount of money 390. for the park that was being discharged in this settlement. Marinoni stated the November 21, 1989 number of lots could be multiplied by the fee per lot. He expressed his concern about the City in essence paying for the land twice --by purchasing the land and then allowing the subdivision to use the land to credit for his greenspace requirements. 391.1 Marinoni, seconded by Lancaster, made a motion to accept the settlement offer excluding the greenspace requirement. 391.2 Director Green stated the trial date was set for December 1. If this particular items creates a problem, the City could get in a time constraint. 391.3 City Attorney Rose stated there was a time problem, but there could be a called special board meeting, if necessary, to consider a counteroffer. 391.4 Upon roll call, the motion was approved by a vote of 6-1, with Mayor Martin abstaining. CEDARCREST REZONE APPEAL 391.5 Mayor Martin stated the Board had received a request for reconsideration of its denial of the Cedarcrest Rezone Appeal. He asked if there was any desire by the Board to grant such a reconsideration. 391.6 Director Vorsanger stated he would like to send the item back to the Planning Commission because he has received some additional information that neither the Planning Commission nor the Board had at the time the decision was made. 391.7 Director Vorsanger, seconded by Green, made a motion to reconsider the appeal and refer the appeal back to the Planning Commission. 391.8 Mayor Martin stated that it takes someone who has voted in the majority to reconsider an item at the same or following meeting. 391.9 Director Kelley asked if the Board could have access to this information before they decide whether or not to reconsider the appeal. 391.10 Director Vorsanger stated the new information is that the owner has offered to have an engineer certify that the floodplain would not be raised in the development of the subdivision. This type of assurance was never discussed with the Planning Commission or with the Board. 391.11 Director Lancaster expressed his concern that the Board would start this appeal process up again without either side knowing what was being done especially given the amount of turmoil this rezoning has created from the neighborhood. 391.12 Marinoni stated the only matter left on the table at the last meeting was a motion to rezone the part of the land outside the floodplain. He is not in favor of sending the item back to the Planning Commission. He stated if this was done in every case, the Board could be looking at all of their decisions again. 391.13 Director Green stated in light of the new information, he felt the issue was based on new parameters, and the Planning Commission should be able to meet on it. All of the proper notices will be given, as was done previously, regarding the public hearings. November 21, 1989 4 Director Vorsanger stated.he would like to .send it back to the Planning 392. Commission because they are a group of people who are experts in this type of thing. He feels it is proper to send the appeal back to the Planning Commission in light of the new information. k 4 r Upon roll call, the motion to reconsider the denial of the Cedarcrest Rezoning 392. Appeal and refer it back to the Planning Commission, passed by a vote of 5-2, with Directors Kelley and Marinoni voting against the motion. CITY JAIL CLOSING Director Vorsanger wanted to make sure that everyone agrees that the Board 392. authorized the Chief of Police to enter into discussions with the County Jail authorities. The Police Chief is to come back to the Board before any agreement is reached. DICKSON STREET Mr. Robert Royce addressed the Board and thanked Mayor Martin and Director Green 392. for speaking up for the concept of greenspace at West Street and Dickson Street. He realizes that a park is needed there very badly. He would like to see the City hold the deed on the park and insure it. He is also opposed to removing trees from the area. He stated there was a tree on Rock and Block Streets that may be cut for street development. He is opposing this as the tree is well over 100 years old. RECYCLING Fran Alexander addressed the Board and asked how much money of the recycling 392. budget would be spent on education. Scott Smith stated that approximately $23,000 in 1990 was earmarked for public education. Bob Kelly stated there is a current program where staff goes to elementary 392. schools, and approximately $10,000 has been spent this year on this project. Alexander asked if this had to come before the Board for approval before it is 392. spent. Kelly stated the Board had already approved it when the City budget was approved. Mayor Martin explained that it was the capital purchase items that had to come before the Board for approval. JAMES PENNINGTON RESIGNATION 392. City Manager James Pennington requested an executive session with the Board to 392. discuss personnel matters regarding himself. The Board went into executive session at 10:00 p.m. 392. The meeting resumed at 10:54 p.m. Mayor Martin stated the Board had been in executive• session to discuss the 392. employment of City Manager Pennington. Mr. Pennington tendered and the Board accepted his resignation effective December 31, 1989. In 'order to assist with the transition, Pennington and the Board have agreed that the City Manager will a 393.1 November 21, 1989 remain available on a consultant basis to the City on a per diem at his current rate of pay with health insurance continuing for up to 90 days unless he should obtain employment elsewhere. The consulting agreement will be in lieu of any and all accrued severance or vacation or holiday benefits. Director Vorsanger, seconded by Green, made a motion to approve the arrangement. Upon roll call, the motion was approved unanimously. 393.2 Mayor Martin stated the directors have requested that Mr. Pennington concentrate during the remainder of his tenure on completion of the budget. The day-to-day responsibilities will be turned over to Assistant City Manager Scott Linebaugh. RESOLUTION 119A-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ADJOURNMENT The meeting adjourned at 10:58 p.m.