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HomeMy WebLinkAbout1990-01-16 Minutes• MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, January 16, 1990 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: CALL TO ORDER Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., Shell Spivey and Fred Vorsanger; Assistant City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press and audience. The meeting was called to order by the Mayor, with seven Directors present. The 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 present in the audience. He said everyone present would have an opportunity to address the Board on every time 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. CITY MANAGER'S REPORT {.w.. The Mayor introduced the Report to the Public which is presented by the City. . Manager at the second Board meeting of each month. This report, for the month of December, includes financial information, an update on staff activities, and' items of general interest. Assistant City Manager Scott Linebaugh addressed the Board and highlighted several areas in the monthly report. FINANCIAL INFORMATION Linebaugh stated that monthly financial statements are prepared and available in the City Manager's office for review. He stated the City was in strong financial shape. There are $162.9 million in assets and $46.7 million in liabilities. Expenditures exceeded revenues for the year by $1.6 million. This was a planned expenditure to use some of the revenue excesses collected in 1988 and in earlier years. The estimated expenditure over revenues for 1989 was about $7 million and only $1.6 million was spent. Several capital projects have not been done yet, and being behind on the Arts Center construction contributed to the under anticipated expenditures. 15 • 16 January 15, 1990 NEWS RELEASES City staff is meeting once a week with press to help keep them informed about City matters. There have been several press releases made during the month of December including one for composting, pot hole patching, computer mapping, recycling, cost of Robson lawsuit, CD target area, and drug arrests. Many of these have been reported on by the news media. The City has been pleased with this as it helps inform the public about what the City is doing. DRUG ARRESTS In 1989 the City made 372 drug arrests, a 96.8% increase over 1988, and a large increase over 1987 when only 59 drug arrests were made. FIRE DEPARTMENT The Fire Department just completed their third consecutive year with out a fire fatality in the City. CONSTRUCTION PERMITS In 1989, the City issued $32.8 million in building permits compared to $28.6 million for 1988. The Inspection Division had a goal in 1989 to perform 9,000 inspections. The department conducted 18,604 inspections with four inspectors. They exceeded their goal by over 1001 for 1989. TELEPHONE CONVERSION The telephone conversion is over, and the City now has many more capabilities than before. There are now 183 incoming trunk lines compared to 6 with the old system. There are 7 exclusive outgoing trunk lines as compared to 11 that were shared between incoming and outgoing before conversion to the new system. This should alleviate the problem with busy signals citizens had been receiving. PERSONNEL POLICY A committee of division heads was formed to review and get employee input on the proposed policy. A copy of the proposed policy has been distributed to the employees, and the committee has gathered a substantial amount of written comments from employees. There were many good ideas brought out. The policy should be ready to be brought to the Board, if possible, at the February 6 meeting and no later than the February 20 meeting. SEWER AVERAGING This is the time of the year that the sewer averages are done for 1990. This is done over a three month period. This allows the City to take an average of the low months and spread the usage over the entire year for the water and sewer customers. This keeps the City from billing the customer for water that is used for watering lawn, filling pools, etc., during peak periods of water usage. This gives the customers a break on sewer costs. 1 1 17 January 16, 1990 CITY SHOP The Shop continued to be run efficiently in 1989. The productivity in December was 92.2%. They processed 446 repair orders and ended up with an inventory variance of less than 1% for the entire year. • ANIMAL SHELTER The shelter experienced a 23% adoption rate. In December, the shelter received 199 calls, issued 80 warnings, and issued 6 citations. They gave 7 public presentations and had an open house on December 17. For the year, the shelter handled 3,965 animals from Fayetteville and 1,778 animals from outside Fayetteville. Director Green asked about the status of the recycling igloos. Bob Kelly, Public Works Director, stated they were scheduled to arrive last month. They are currently in New Orleans being processed through customs. They are promised to be here anytime. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or 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: A. Minutes of the January 1, 1990, regular Board meeting; B. A resolution authorizing payment of $29,626.71 to the McDermott, Will & Emery Law Firm for November 1-30, 1989, for services rendered on the incinerator project; RESOLUTION 8-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK A resolution authorizing award of a contract in the amount of $30,000 to , Hailey/Associates Architects, P.A. for the addition and renovations to the Roberta Fulbright Public Library; This is a budgeted item in the Preliminary 1990 Budget.• The funding comes from sales tax; however, it is not included in the bond issue. The contract also includes preparing documents for a matching fund grant. The City has budgeted $120,000, and with the grant the total project could be as much as $240,000. The final design will be for the total amount of funds available. Staff recommends awarding this contract. Committee for selection included the president of the Library Board. RESOLUTION 9-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 18 January 16, 1990 D. A resolution authorizing the upgrading of the Planning Clerk position to an Associate Planner; The position requires a person with a background in city planning to assist the Planning Management Director and to provide better service to the public. RESOLUTION 10-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR Kelley, seconded by Marinoni, made a motion to approve the Consent Agenda. Upon roll call, the motion passed unanimously. INCINERATOR DISENGAGEMENT LAWSUIT REPORT Walter Niblock addressed the Board. He stated the subpoena served on Acting City Manager Linebaugh by Prosecutor Ziser gives Ziser the authority to conduct the investigation under the same category as a grand jury investigation with the same power and effect. The documentary evidence submitted before the grand jury is held secret. This same rule applies to Ziser and the papers the City turns over to him for his investigation. Linebaugh was threatened with criminal prosecution, so retained the services of William R. Wilson, Jr. from Little Rock to defend him. A motion to quash the subpoena was filed on behalf of the City or alternatively to issue a protective order. Judge Gibson decided not to quash the subpoena, which counsel expected, but the Judge did do as expected by issuing the protective order. The protective order had been discussed with Ziser and offered to him without the intervention of the court. It was declined by Ziser because he wanted to wait on the court ruling. The first installment of the documents were delivered to Ziser today. Kitty Gay personally carried the documents to the prosecutor's office --not Linebaugh or any other City employee. There was a hearing at 10:00 a.m. this morning before Judge Oliver Adams in Bentonville on the Robson lawsuit. The court heard the motion on the part of the City argued by Steve Pflaum for the City and by Ken Hersch, on the part of Robson. The motion was to require the joinder of necessary parties to the lawsuit. Assuming the court would rule in the City's favor, a motion to dismiss in the event the plaintiff did not see fit to join the additional parties. The bottom line is, the court did not grant a motion to dismiss, but did order the joinder of Washington County and West Fork to the lawsuit. The court found them to be necessary parties. This poses an interesting question the court took up with Robson in relation to Robson's future role in the lawsuit in view of the fact that he is a county legislator, a justice of the peace. He will not be able to continue as a plaintiff in this suit when the county is joined as a party. This creates some interesting legal questions. The judge also found that FDIC, Financial Guaranty Insurance Corporation, and the bondholders were not a necessary party at this time. They may become a necessary party later on. The litigation team is looking at ways to force the joinder of FGIC in order to dispose of the whole case at one time. This would make the whole process much more economical. Everyone will be bound by the court's decision, which would avoid inconsistent decisions. If successful in getting FGIC included in the suit, then want to move promptly to prepare and file motions for summary judgment 19 January 16, 1990 to try and get the case in a posture so the court can rule on it. There are no facts of the case in dispute. There are legal questions that need to be decided. There needs to be a determination if the Waste Supply Agreement is binding and effective. The question was also discussed about imposing Rule 11 sanctions on the City's attorneys for filing and asking for a protective order in the Robson lawsuit. The protective order has been asked for in the Robson suit and in the independent action filed for declaratory judgment in the chancery court in Washington County. Judge Adams was alerted that the City's counsel might be before him requesting a protective order on this case. The judge took under advisement his decision in relation to the protective order. The Rule 11 sanction is a punitive order against the attorneys to 'chill' them to make them stop and think about filing frivolous motions, etc. The judge entered an order allowing A. G. Edwards and Wright, Lindsey & Jennings additional time in which to respond. This is what the tolling agreement was for in the first place, and if the parties had signed it, they would not be needing to request additional time and in the lawsuit. There was substantial discussion that was generated on the court's own motion in relation to the certification of a class. The plaintiff had asked to have a class certified so that all of the citizens of Fayetteville would be represented by the plaintiff, Robson. In order to certify a class, citizens must be given notice of the suit, what the suit is all about, and that they have the_ right to choose not to be included as a party to the suit.: Not every citizen in Fayetteville is a rate payer,and this is a rate payer issue. Robsonistated he would .take the matter of class certification under advisement and deal with that at a later date. • A Kitty Gay discussed her meeting with Prosecutor Ziser. She turned over to Ziser today the memoranda that he had wanted last week under the terms of the court's protective order. Ziser can now use the documents to further his investigation„ but he cannot turn them over to the media. Linebaugh's status is sort of in limbo. The prosecutor has informed them that Springdale News has informed him that they plan to file a suit under the civil lawsuit provisions of the FOIA. Ziser is willing to bide his time in pressing charges until,a local court rules on the matter. He has also stated he is not making a decision about whether to press charges in the event that the City does not win the suit at the local court level. He is saying he may or may not press charges at that point. The attorney's position to the prosecutor is that we think you should allow the City to have an appeal as that is the way civil issues are resolved. - Niblock stated he received a letter from David Olive, Associate General Counsel for Donrey Media, stating Niblock had been stupid to advise the City to take the position they have taken in relation FOIA. In addition, he promised Niblock that he was going to file suit as Kitty Gay reported. Lancaster asked if Robson could resign from the Quorum Court and continue as a plaintiff in the suit. Niblock stated this was one of Robson's options if the lawsuit is more important to him than his elected position as justice of the 20 January 16, 1990 peace duties. Niblock stated he seriously doubted that Robson would abandon his duties as a justice of the peace. Martin stated he thought he understood Gay's point about maintaining our right to appeal. The Board has spoken very strongly about the plans to arrest the Acting City Manager. The prosecuting attorney did hold off on this, and Martin would like to applaud the decision and appreciates it as it gives the City the chance to pursue its rights in the courts. Niblock stated the appeal process is an integral part of the justice system. He was asked to give this up for the City and agree that an appeal would not be pursued. He could not concede this because the issues are important not only to the City and the citizens of Fayetteville, but for the whole population of the state. He feels there needs to be a resolution of the problem which will have to come from the Supreme Court or the legislature. Vorsanger stated he wanted to thank Walter Niblock for his outstanding job. Judge Gibson gave the City what he had wanted --that the prosecuting attorney could not share the City's records. He felt a blow had been struck for the City Board by getting Judge Adams to include Washington County and West Fork in the lawsuit. He asked how Robson would be able to continue as a plaintiff in the case when he has been made a defendant as well. Niblock stated that it would be a clear conflict of interest, and Robson will have to step aside if he plans to continue as a justice of the peace. Ruth Collier addressed the Board and asked how Washington County and West Fork figured into the suit --as a plaintiff or defendant. Gay stated they would be a defendant as they were parties to the contractual obligation. If the contract is determined to be invalid and the court says the City of Fayetteville cannot repay the bond issue, there is still a contractual obligation by Washington County and West Fork to pay under the contract. Robert Reue addressed the Board. He felt the City should release the documents. He stated he had conducted an informal poll at the post office of 125 people. He asked them if the City of Fayetteville should release all of the documents relating to the incinerator to the public. 23 people were undecided, 11 or 8.8% said no, and 91 or 72.8% said yes. He stated this was more than the 5% of the people the Board had claimed were causing problems for the rest of the City. WARNER CABLE UPGRADE STATUS Mayor Martin introduced a report by Woody Bell of Warner Cable on the status of the cable upgrade. Woody Bell addressed the Board giving a report on the status of the upgrade and a listing of accomplishments since the upgrade began in March of 1989. He stated the project was 99% completed at this point. He pointed out many miles had been spliced and long drops' replaced and spliced. The system still needs to be swept and balanced' or checked out for any problems and corrected. There are currently 8500 residential customers or about 55.5% who had been converted to the new system as of December 17, 1989. They are currently converting 400 to • January 16, 1990 450 customers per week to the new system and expect to be completed by April 1990. The Little Rock station should be coming on line around July or August of this year. Bell pointed out that because of broadcasting over such a long distance there would be periodic reception problems. The station will be broadcast over microwaves which are very susceptible to ground wave interference, heavy fog, rain, or other interferences. A common carrier has been selected to transmit the station because of their expertise in dealing with the microwave transmission. Warner Cable has constructed 15.2 miles of new plant into the. following areas: Graue Addition, Woodbridge Subdivision, Old Farmington Road Extension, Springhoilow Estates, Quail Creek, Summerhill West, Kantz Apartments, East Oaks Phase III, Glenwood Addition, Talesin Drive, Foster Addition, Crossover Road Extension, Hemingway Ridge, Lane Shore Apartments, and Quail Ridge. One person has been moved from a construction technician to a preventative maintenance technician which Bell anticipates will help prevent problems to the cable users. Warner has extended their customer service hours to better reach the public. 4 Warner also wants to be a good corporate citizen in Fayetteville. `During 1989 they were members of the Crime Watch Program, Chamber of Commerce, Downtown Fayetteville Unlimited, raised and donated $7500 to United Way, collected and donated foot at Thanksgiving, sponsored Toys for Tots, and provided the Christmas tree for the downtown Fayetteville lighting ceremony. In addition, they,have. paid $104,608.90 in franchise fees to the City during 1989. • Green asked why the franchise agreement is to begin in November when the actual projected completion date is to be in April. He asked why there was such a lag between_the time of completion and when the franchise begins.' Bell stated the date of the agreement was tied to the ordinance passed by the City Board. Warner stated they would build the cable system and have all of the services available to the customer that existed on the system at that time within 19 months. In essence, this was a agreement to give Warner the opportunity to earn their franchise. They are still operating under the terms of the old franchise.' Green asked what the relative quality of the signal from the Little Rock station would be if weather and other ground interference were ignored. He also asked how it would compare to a satellite station. Bell stated there would be no comparison to a satellite station because the satellite stations have strong frequencies and powers. He has not seen the signal but knows because of the distance involved that, there may be some degradation of the signal periodically. During ideal conditions, a customer may not notice any difference between it and any other stations. Green asked about the exclusivity law and how it would affect the new Little Rock station. He asked if there would be a lot of time when the screen was blank. Bell stated that the estimate was for about 10 hours per day to be blank. However, he says the entire cable industry is questioning the Network Nonduplication and Syndicated Exclusivity law, so he feels there may be a possibility that something may be broadcast on the station rather than just a 21 • January 16, 1990 blank screen. There is an appeal on a court decision on the validity of these laws currently in progress that may change the law. Green stated as it looks now, there will probably be a lot of disappointment for cable subscribers who have been waiting for this channel and then find it to be off the air for 10 hours per day. Lancaster asked if the PBS station was broadcast over a microwave system. Bell stated he did not think it was on microwave. Vorsanger asked why there are 51 channels with many duplications. He asked if the duplications would be cut out. Bell stated they would be. Vorsanger suggested letting the public know about the plans to cut the channels back to the 32 and eliminating the duplications. Bell stated they were planning to do that. Vorsanger stated most of the requests he had received were for a weather channel and the financial news channel. He asked Bell how these ranked on the priority list of new channels. Vorsanger stated Congress was looking into the cable industry regarding rates, programming, and the exclusivity. He wants to be sure that no contract or agreement is signed that would be in conflict with the new changes in the laws coming out of Congress. Martin asked that City Staff and legal counsel keep the Board informed on the progress of Congress. Bell stated the review the FCC is performing now is a scheduled review of the 1984 Cable Act. He agrees that the number one comment he has heard from his customers is the request for the weather channel. He has heard significantly more comments on other channels than he has heard on the financial news channel. In terms of the final channel lineup, approximately 35-40% of the customers are still on the old system and still receiving the old channel lineup (channels 2- 22). The new services are on channels 23 and up. This is why there is duplication of channels. In April when the conversion is completed, customers will be notified that the final channel lineup is to be adopted and what it consists of. Lancaster stated he had heard negative comments from people about having to purchase some type of box to be able to utilize the new system. Bell stated if a customer does not have a fully cable compatible television, a converter will be installed at no charge for the labor or the part. In addition, for customers that have a VCR and want to record one channel while watching another channel, an AB Switch is sold for $10 and installed to enable them to do this. This part can be purchased elsewhere if they want. However, this is not necessary to utilize the new system. Spivey asked if there was going to be a weather channel on the new lineup. Bell stated his plans were to complete the system in April and go with the currently planned new channel lineup. After a few months, then he would like to make the customers aware of some of the available channels and take some type of survey to make channel changes. Robert Reus addressed the Board stating he appears to have the new service. He asked if there were any new channels and how he could locate them. He also • 14.23 January 16, 1990 wanted to know why the Turner network channel was on channel 47 when this channel is beyond the capability of many VCR's. Bell stated when all people have been converted, a service representative will come to each home and explain the services and programs and channels available. Even though a person may be seeing the channels on his TV, he may not have been converted to the new system yet. Channel lineup cards are available free in the Warner Cable office which will show the services available and what channels they are on. The Turner channel will not be on channel 47 after the total conversion is made in April: The original channels 2-22 will be collapsed and the new channels will go through channel 31. Lancaster asked if the emergency power unit Bell talked about would keep service in force if the utility company has an outage. Bell stated they would be sending signals out, but if the customer has an outage, there would be no broadcast. The emergency power unit controls the main station at the tower. RIGHT OF WAY CLOSING -CHRISTIAN LIFE CATHEDRAL Mayor Martin introduced consideration of a right of way closing requested by the Christian Life Cathedral for a portion of the right of way•and a dedication of a new portion. Staff recommends the closing and dedication of a portion of the right of way on Millsap Road. The Large Scale Development was approved by the .Planning Commission in September, 1989. Public access to the Stearns Cemetery will be assured by the filing of an access easement across the church property. The ordinance was read for the first time. Director Kelley, seconded by Marinoni, 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 Kelley, seconded by Marinoni, 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 and final time. Marinoni stated that if the road were extended to the north of the present church building, the hill drops off and there is a gully that the newly proposed road would have to cross. He asked if the difficulties of running the road on north of its present location had been addressed. Red Dixon, representing the church, stated this has been addressed the Planning "Commission meetings, and there are a couple of options. One of the options has been platted and the other one involved the Jim Lindsey addition south of Mud Creek. Dixon stated they were willing to work any way with the City. Lancaster asked if the proposed street was to be behind or in front of the current building. Dixon stated the street would be north of the building. He stated there was still room behind the building for a street to be constructed. He stated the church owned 14 acres at this location. • 24 January 16, 1990 Lancaster stated it disturbed him that the Board was considering this item after the building construction was already under progress. Upon roll call, the ordinance passed by a vote of 7-0. Dixon stated that if a mistake had been taken in the steps taken in regard to the right of way closing and construction, it was unintentional on anyone's part, including the people in the Planning Office. He stated they had been issued a building permit. However, he has assured everyone that they are willing to cooperate in any way. ORDINANCE NO. 3469 APPEARS ON PAGE /77 OF ORDINANCE AND RESOLUTION BOOK xXV ANIMAL SHELTER OPERATING SERVICES CONTRACT Mayor Martin introduced consideration of a resolution approving a three year contract with the Humane Society for operation of the City's Animal Shelter. Director Marinoni, seconded by Kelley, made a motion to approve the resolution. Linebaugh stated that the contract had been negotiated and was basically the same as the previous year. The main change is that it commits to fair share funding contributions from the other users of the shelter. It allows the Humana Society more input on employees that are hired. Staff feels these are both good changes. Bill Grigg addressed the Board expressing his appreciation to Linebaugh and City Staff for the excellent assistance in working out the contract. He feels the Humane Society and City have had a very beneficial relationship and want to continue that. Marinoni stated the figures for the contract were specific --$15,375 per year to be paid on a monthly basis. When the new building is ready, then the rates are to be renegotiated. There were no figures mentioned regarding this, and he asked if there were any ideas on this at this time. Grigg stated the costs will increase due to increased level of animals, but it is not known how quickly they will increase or what levels will be reached. Any comment at this time would be just a guess. Green asked where the City's role ends and where the Humane Society's role begins. The City is furnishing two vehicles, two officers, as well as a shelter operator and director. He asked if the Humane Society was going to add employees of their own. Grigg stated that it was a cooperative agreement. The City provides the employees in order to maintain tort protection for them. The additional employees the Society will place in the shelter will allow them to compensate for growth. Green asked if there would be additional employees as far as shelter operators or are the four employees the only full time employees of the shelter. Grigg stated there were additional employees. He asked Lib Horn to address that question. Lib Horn stated the Humane Society furnishes 1 full time caretaker and 3 part time caretakers that work in the kennel area feeding, cleaning, and taking care of the needs of the animals. 1 1 1 January 16, 1990 Upon roll call, the motion to approve the contract, passed by a vote of 7-0. RESOLUTION 11-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK CH2M HILL/OMI Mayor Martin introduced consideration of a resolution approving an amendment to the City's contract with CH2M Hill which changes the assignment.of operating the Waste Water Treatmentplantdirectly.to OMI. In the past, OMI has been working as a subsidiary of CH2M Hill, and this amendment will take CH2M Hill out of the chain. Staff recommends approval of this change as the regulatory agencies have accepted the plant, and it is operating better than anticipated. Kelley, seconded by Martin, made a motion to approve the resolution. Linebaugh stated that OMI is a totally owned subsidiary of CH2M Hill, This allows the City to get CH2M Hill out of the paper work chain and deal directly with OMI The three way chain has been time consuming and an inconvenience. Martin asked if the financial strength of CH2M Hill and the technical and supervisory services would remainavailableto OMI. Linebaugh stated this was correct. s s Kelley asked that the Staff make a statement about the efficiency of OMI,in operating the plant. Bob Kelly stated the operation of the plant•and the effluent that is being produced far exceeds the permit requirements in almost every realm. All of the contracts that the City has asked them torperform have been done in a very satisfactory manner. The lift station. is way ahead of schedule. - •^ , Henry Huffman, of OMI, addressed the Board stating OMI has had a good working relationship with the City since 1984 and look forward to an even better relationship with a direct contract. This new contract will reduce the administration involved. Being a subsidiary of CH2M Hill means the expertise would still be available to OM1. Marinoni asked if the arrangement would affect the monetary rate that is paid to OMI. Huffman stated there would be no change. Marinoni asked if there was a schedule or breakdown of how the money paid to OMI is spent. Huffman that information was available according to the contract for inspection reasonable time. He stated the City has audited Linebaugh stated a breakdown can be obtained. OMI on stated at any several occasions. Upon roll call, the motion to approve the resolution passed unanimously. RESOLUTION 12-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 2F January 16, 1990 PARKING LOT PURCHASE Mayor Martin introduced consideration of a resolution authorizing the purchase of the parking lot west of the Interim City Hall Building. The lot belongs to Northwest Service Corporation, a subsidiary of First Federal Savings & Loan Association of Fayetteville. Staff recommends the purchase of the lot which would be utilized for employee and visitor parking. The purchase price of $214,500 is included in the 1990 preliminary budget in the Off Street Parking Fund requests. These funds can only be used for Off Street Parking improvements. Marinoni, seconded by Vorsanger, made a motion to approve the resolution. Linebaugh stated this lot had been used for some time by the City and had discussed purchasing it for quite a period of time. Negotiations were entered into before August 1989 but reached an impasse. First Federal made a counter offer in January of the $214,500. There have been two appraisals done on the property. The purchase price is 10% above the lower appraisal. Compared to other area lots that have been sold, the price for this one is reasonable. Marinoni stated that the lot accommodates 100 parking spaces of which 90 are utilized by the City at the present time of $10 each or $900. If the $214,500 were amortized for 20 years, the monthly payments would be $2,070. However, the property is in the process of being disposed of by the FDIC. The property is next door to City Hall, and this may be the only opportunity to purchase it. He feels the time, price, and location are right at this time. Green asked if there were other reasonable or comparable parking lot areas near City Hall that could serve the purposes of 90-100 parking spaces. Linebaugh stated none existed. The City could build one. The City does not want to dump the employee parking into the areas utilized by the downtown merchants and cause them a problem. The appraiser calculated the land without improvements is worth $164,000. The estimated cost to build a parking lot was over $100,000. Green asked that at this time, this was the best viable option for City employee parking. He asked if the property were sold to someone who wanted to utilize it for other purposes, the City could be expelled as they rent the lot on a month to month basis. Linebaugh confirmed this. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION 13-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 27 OTHER BUSINESS January 16, 1990 NOMINATING COMMITTEE REPORT Kelley, chairman of the Nominating Committee, stated that the committee had met and would like to make the following recommendations: Fayetteville/Springdale Area Transit Authority - One position formerly held by Thom Boyd. The new term will end December 31, 1992. David King. Upon roll call, the motion passed unanimously. a Board of Control - One position formerly held by John W. Vinzant, M.D. The new term will end January 1, 1994. `-- - - y John W. Vinzant, M.D. Kelley, seconded by Vorsanger, made a motion to approve the recommendation. Upon roll call, the motion passed unanimously. Housing Authority Board of Commissioners - One position formerly held by Dan Hudspeth.. The new term will end January 1, 1995. Dan Hudspeth Kelley, seconded by Marinoni, made a motion to approve the recommendation. Upon roll call, the motion passed unanimously. Parks and Recreation Advisory Board - Four positions formerly held by William Waite, Beverly Melton, Andrew Lucas, Jr., and Charlie Sego. 'The new terms will end January 1, 1992. Greg Anderson G. Todd White Donna Waselues Mark A. Robertson Kelley, Seconded by Vorsanger, made a motion to approve the four recommendations. Upon roll call, the motion passed unanimously. Planning Commission - Three positions formerly held by Gerald Seiff, Jerry Allred, and Julie Nash. The new terms will be ending January 1, 1994. Jerry Allred Joe Tarvin Jett Cato Kelley, seconded by Vorsanger, made a motion to approve the recommendations. Upon roll call, the motion passed unanimously. Kelley stated there was 'a position on the Public Facilities Board, and a recommendation will be made at the next Board meeting. 4 January 16, 1990 Martin stated the Board wanted to express their appreciation to all the members that will be rotating off the commissions. He also expressed congratulations to the new members. Vorsanger stated he was gratified by the number of people that expressed interest in all of the positions. KELLY JOHNSON COMMENDATION Vorsanger commended Kelly Johnson, Assistant Airport Manager, for her assistance to a citizen that became ill at the airport. He felt Johnson went way beyond the call of duty to perform her job and represent the City. FINANCIAL DISCLOSURE FORMS Linebaugh wanted to remind the Board and various committee members that these forms are required by law to be returned to the City Clerk's office by January 31, 1990. CITY MANAGER SELECTION Linebaugh wanted to remind the Board that a meeting needs to be set to continue process on the City Manager selection process. Martin asked that a recommendation be given to the Board at the budget session on Friday. BUDGET MEETING Martin stated there would be a budget session at 8:30 a.m. on Friday and welcomed members of the public to attend. ADJOURNMENT The meeting adjourned at 9:43 p.m.