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HomeMy WebLinkAbout1990-04-03 Minutes1 A • MINUTES OF A MEETING'OF THE CITY'BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, April'3, 1.990 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. • PRESENT: Mayor William:Martin;rDirectors Michael Green, Ernest Lancaster, Russ'Kelley, Paul Marinoni, Jr., Shell Spivey, and Fred Vorsanger; Acting City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas;, members of the staff, press and audience. CALL TO ORDER The. meeting was called to order by the Mayor, with seven Directors present. The Mayor asked4those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed those present in the audience, apologizing for the technical difficulties they were experiencing with the television reception. He reminded the public that they 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 of Staff should be directed to the Mayor. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts or leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda". The Mayorexplained that there is thought to be unanimous agreement by the Board, but pointed out that 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 February 27, 1990 Special Board meeting and the Minutes of the March 20, 1990 regular Board meeting; B. A resolution adopting the budget adjustment rolling forward funds covering uncompleted projects from the 1989 budget, which will be completed in 1990. The Mayor explained that the 1990 budgeted unreserved fund balance includes these costs, so there will be no change in the City's financial position. Kelley, agenda. April 3, 1990 seconded by Marinoni, made a motion to approve the consent Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION NO. 47-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK WHEELER WATER LINE OVERSIZING Mayor Martin introduced a resolution approving the oversizing of the Wheeler water line from six inches to eight inches, at a cost of $69,287.00. Staff recommends the oversizing of the water line, insuring adequate water availability in the future. The existing line is adequate at present, but doesn't allow for future growth. Assistant City Manager Linebaugh stated that the low bidder was to the replace the water line. Staff recommends the eight inch line due to the capacity required, which will allow for disbursement to other areas around Wheeler in the future. Vorsanger, seconded by Kelley, moved to adopt the resolution. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION NO. 48-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING APPEAL Mayor Martin introduced an ordinance rezoning property fronting on West Mountain Street, West Avenue, Rock Street, and South School Avenue, and for a Conditional Use of same property as requested in Rezoning Petition R90-9. Size of Parcel: Approximately 2.23 acres Location: Fronting on West Mountain Street, West Avenue, Rock Street, and South School Avenue Property Owner: City Hospital Change Requested: From R -O "Residential Office" and C-2 "Thoroughfare Commercial" to R-2 "Medium Density Residential" Martin stated that the Planning Commission had voted to recommend the approved rezoning by a vote of 7 to 0. The ordinance was read for the first time. Kelley, seconded by Marinoni, made a motion to suspend the rules and place the 1 .1. April 3, 1990 X - AR y ordinance on its second' reading. ,Director Green abstained from voting and discussion. Upon roll call, themotion passed 6 to 0 to 1. The ordinance was read for 'the. second time. Kelley, seconded by Lancaster made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed 6 to 0 to 1. The ordinance was read for the third and final time. • } Linda Jackson, a representative from City Hospital, addressed the Board regarding "down -zoning" of one corner of the property to small density residential. Ms. Jackson stated that this would be a residential care facility housing 30-40 elderly residents, which really did not fit into other zoning categories. Jackson further stated that any trees taken out in this process would be replaced as per a.Bill of Assurance the City Hospital was offering. Upon roll call, the ordinance passed by a•vote of 6 to 0 to 1, with Green. abstaining. • ORDINANCE NO. 3477 APPEARS ON PAGE/%f OF ORDINANCE AND RESOLUTION BOOK XX V ODOR AND CORROSION CONTROL PROJECT The Mayor introduced consideration of a resolution approving a change order for the Double Springs Road and North Gregg Street Lift Station Odor and Corrosion Control Project. The amount of the change order would be $8,141.00 and is for improvements to the lift station to provide adequate chemical off- loading space at the North Gregg Station and to accommodate truck traffic and parking. Linebaugh explained that the purpose of the change order was to allow the trucking of large quantities of chemicals to be brought into the site. Existing loading areas for trailertrucks are cumbersome and dangerous. Linebaugh further stated that purchasing large quantities of chemicals would be a great savings, and staff recommended approval of the change order. Lancaster, seconded by Kelley, made a motion to approve the resolution. Director Marinoni expressed his concern regarding the engineering fee, which is approximately one-third the project price. He pointed out that the change order requested is only for the price of the project, not including the engineering fee. Bob Kelly, Director of Public Works explained that the change order included the contract alone, excluding engineering fees, which April 3, 1990 would be a separate contract. Mr. Kelley also stated that the engineering fee contract would be a separate change order. Marinoni further questioned the amount of the concrete per yard, and Kelley explained that the figure was for finished concrete, labor and materials. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION NO. 49-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK FILL -TRUCK WATER PURCHASES Martin introduced a recommendation from staff that water rates be set for consumers purchasing water for purpose of filling water tanks on commercial trucks. Proposed fee would be $5.00 minimum; $3.50 for labor and $1.50 for water, including tax, for the first 1,000 gallons, with $1.50 for each additional 1,000 gallons. The ordinance was read for the first time. Director Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed unanimously. The ordinance was read for the second time. Director Marinoni, seconded by Martin, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed unanimously. The ordinance was read for the third time. Linebaugh offered an explanation on the schedules regarding costs, and stated that the proposed fees were comparable with other cities in this region, and the Staff recommends approval. Upon the roll call, the ordinance was unanimously adopted. ORDINANCE NO. 3478 APPEARS ON PAGE/?1 OF ORDINANCE AND RESOLUTION BOOR XK V/ ANIMAL SHELTER Mayor Martin introduced consideration of a resolution awarding a bid to Hunnicutt Construction Company, low bidder, for construction of a new animal shelter building. Staff recommended awarding the bid and transferring $150,000.00 from the City's Escrow Animal Shelter account to an escrow account to be drawn upon by the Humane Society as construction invoices are presented. Mr. Marinoni, seconded by Vorsanger, made a motion to approve the resolution. • • April 3, 1990 ?s Director Marinoni questioned the amount of the transfer, and Linebaugh explained that.^ the entiret $150,000.00 would be transferred which includes the $100,000:00 -set aside in 1988 and 1989. The remaining .$50,000.00 needed would be a loan until the upcoming bond issue is passed. Ann Kilbeck, member of 'the Board of Directors of Ozark Humane Society was present .to answer any questions and expressed her desire that the contract be awarded. Upon roll call, the resolution was unanimously adopted. d RESOLUTION NO. 50-90 APPEARS ON:PAGE OF ORDINANCE AND RESOLUTION BOOR EMPLOYEE HEALTH INSURANCE. Mayor Martin introduced an ordinance .waiving the competitive bidding requirements for renewal of existing Blue Cross/Blue Shield health insurance benefits contract. Martin stated that the Staff has been working on a cost-containment program. Employees voted to maintain,the'current plan. The ordinance was read for was first time. Director Lancaster, 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 Lancaster, 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 readt.for the third time. Mr. Linebaugh referred to a memo from Personnel Director, Don Bailey, discussing the votes taken on the cost containment. program. First vote was in favor of Plan 90. After a re -vote was requested, the second vote was in favor of the current plan. Mr. Linebaugh explained there will be a 14% increase this year, without the cost- containment program and may increase as much as 20 to 40% in the next few years. According to the Hay report, the current plan is much above the standard being offered. He suggested recommending the approval of the ordinance and the cost containment program as • had been outlined to staff. City Attorney Rose explained that the cost-containment program would be included in the renewal of the existing. contract. The Board would be required to pass a resolution adopting the Plan 90 form, parts of the Plan 90 form, or the current form.` The ordinance would then authorize the Staff to renew the contract on that basis. lc April 3, 1990 Director Vorsanger pointed out that the approval of the present plan was approval of the 14% rate increase, to be absorbed by the City and that approval of the cost containment program would keep present rates. Linebaugh stated that another alternative discussed was to approve the plan as it is and ask employees to pay the difference between the current plan and the cost containment program. Mayor Martin, seconded by Kelley, made a motion to amend the ordinance to provide the contract be renewed, to include the managed care provision, a hospital bill audit program, and that employees pick up the additional premiums associated with their current deductible levels. Director Green questioned if the employees were aware they would be responsible for the additional premiums or if they thought the City would pay them and was told they were aware they would be responsible for the additional premium at the time the vote was taken. Linebaugh responded that the employees were aware they would be responsible for the entire amount of the additional premiums, and suggested that there be another vote by the employees to decide on which program to implement by April 15, 1990. Upon roll call, the amendment to the ordinance passed unanimously. Roll call for the passage of the ordinance was passed unanimously. ORDINANCE NO. 3479 APPEARS ON PAGE/99 OF ORDINANCE AND RESOLUTION BOOK $KV C.I.P. BOND ORDINANCE Mayor Martin introduced consideration of an ordinance calling an election on the 1990-1994 Capital Improvement Bonds. Linebaugh announced that Staff recommended the Board table the item until a special Board Meeting next week. This will allow addi- tional time for the bond council and bond underwriter to review information. Mr. Kelley, seconded by Vorsanger, made a motion to postpone consideration of the ordinance until a special meeting next week. Upon roll call, the motion was unanimously adopted. Jerry Rose, City Attorney addressed the Board regarding his meeting with the Washington County Election Commission and the request to have the bond election at the same time as the party and preferential primary on May 29, 1990. Rose stated that the t V April 3, 17,4*, Secretary of State's office recommended .separate boxes, ballots and poll workers. ' The _`Commission could foresee a problem with having only;_one set of voter registration books, as this would combine the voters for the Bond issue andvotersfor the Democratic and Republican Primary.'i The Commission suggests to alleviate confusion, that the voters register as "Democrat", "Republican" or "Special", that the voters be given specially colored cards and be given. corrected ballots,+ which, would be deposited in separate boxes. Rose further stated that'the City would be responsible for additional costs of a special election.. In addition, Rose saw no legal risk in having an election at the same time, but stated there was no guarantee against the same. "Rose advised the Board that Mr. Reus, who is seeking change in the City's form of government, was also present at Election Commission meeting'and requested thathis group also be allowed to have their election on same day and under 'the same circumstances as requested by the City. Rose stated that all was contingent on the Board's decisionas to when 'to have the election and that could be '�no sooner than thirty days from receipt and verification of Reus petition, or.^passing of the election ordinance on bond issue question. ARTS COUNCIL AND ARTS FOUNDATION Mayor Martin introduced consideration of a resolution approving changes to the By -Laws and Articles of Incorporation for the'Arts Center and Arts Council: Martin advised that the respective Boards of Directors of the Arts Center Council and the Arts Foundation believe that adoption of these changes will strengthen and streamline organizational structures and b=oaden the support base in the communities served by the Arts Center. Linebaugh stated that he had been appointed as a member of Arts Foundation and along with the Staff had reviewed the information, and recommends that this resolution be passed. The major proposed changes would be as follows: Arts. Council - Group handling building and operation of Arts Center 1) Change number of committee members - University and City would each appoint five members and those members would elect up to an additional ten members, for a total maximum of twenty members and minimum of ten; 2) Arts Council budget approved by Arts Foundation, as well as Chancellor and City Manager; 3) Engage in fund raising activities. April 3, 1990 Arts Foundation - Group currently responsible for fund raising and endowment investments 1) Lease building from University and City; 1) Approve Arts Council budget, giving the Foundation authority over Arts Council. Director Vorsanger, seconded by Kelley, made a motion to adopt the resolution. Green stated that although he thought these changes were excellent ideas, the Board must move cautiously to insure that investments made were not jeopardized. Sonya Decker, representative of the Arts Council, stated that the current operating governing board consisted of only six members, and it is felt that surrounding communities need representation on the Council. Decker further stated that their primary aim is to have a center that will operate efficiently and stand alone, without other subsidies. The endowment given by the City will furnish only one-third of the operating budget, with the other two- thirds coming from rental and attendance fees. Green further questioned whether the seven day default term for response from the City Manager and Chancellor to the Foundation's approval of the Arts Council budget was long enough. Linebaugh responded that this time frame would allow for the City Manager and Chancellor to call a Special Board meeting if there were objections to the Foundation's budget approval. Decker added that the Foundation would be involved in quarterly Council meetings in order to stay abreast of all activity and closely monitor the Council's budget. Billie Starr, representative of the Arts Foundation, addressed the Board and stated that a great deal of thought and preparation had gone into these changes, and it has become evident that it will take greater involvement and sponsorship to manage and make the Arts Center responsive to the needs of Northwest Arkansas, and at the same time protect the interests of the City of Fayetteville and University. Mr. Reus addressed the Board with an anonymous letter stating that since the City of Fayetteville and University are each financing one-half of this project, why should they give away half the control to surrounding communities. In addition, Reus felt that at least three of the "at large" directors should come from the immediate Arts Center neighborhood. April 3, 1990 Upon roll call, the resolution was unanimously adopted. . RESOLUTION 51-90-APPEARS'ON,PAGE OF THE ORDINANCE AND RESOLUTION BOOK . 4 YOU CAN PROGRAM- ar, Mayor Martin introduced arequest�by Ralph Nesson to address the Board concerning unused 1989 grant funds.. - Martin reported that Mr. Nesson wi-11 request approval of a contract to pay for a full-time employee. tin addition, Mr. Nesson is requesting that the Boardreallocate the money originally intended for .use in the child care program to educational stipends. The Board in the 1990,Budget decided to fundthe position but not the scholarship program. Ralph Nesson addressed the.. Board and stated that thereare approximately 6,000 low .income,people.living within the city limits of Fayetteville, and the Economic Opportunity Agency, along with the City, has assisted two families inopening family day care homes and has offered 35 scholarships to low income individuals. The 1990-91 proposal is to maintain *the scholarship, program utilizing $13,800 in carry ;over funds from the day care loan :part of the program. Additional funds will be raised to award a total of 35 scholarships, create a revolving.,loan fund for creation of four additional day care homes, and to cover administration costs of the program. Nesson .stated that the City's total cost would be $36,300.00 with E.O.A. raising $13,310.00 to complete the budget. Nesson concluded by saying that the "You Can Program" has been tremendously successful in encouraging low .income people to complete their education and obtain valuable job skills, and these proposed incentive funds will make the program successful. Director Kelley, seconded by Marinoni, made a motion to approve the request. Director Green asked aboutthe options on the• remaining '89 funds to which. Linebaugh responded that these were City funds from housing bonds and could be rolled back into that housing bond money, at which time the Board would decide on its use, but it could not go toward the general operations of the City. Director Vorsanger expressed his concern that this money would not be going toward the Child Care Loan Program as it was intended, and would that cause any problems, to which Linebaugh responded that it was the Board's decision to fund only the position and fund educational stipends with grants. Mayor Martin stated that this is really a question of sources and uses of funds for those things that the citizens look uniquely to April 3, 1990 the City for. The Board's budget decision for the "You Can Program" was based on funding counselling for people who desired to continue their education and to help them find educational stipends. Martin stated his opposition to the roll forward of these funds as it would be contrary to the Board's budget, given the limited resources available and cuts being made on other programs. In addition, Martin stated the funds needed are available and should be sought elsewhere. Nesson responded that the program was originally funded at $57,950.00 per year for a total of five years, and counting only the administrative money, the funds have been cut back to half of that figure. Based on his 25 years of experience in operating low income programs, the most successful and effective way to help disadvantaged people, has depended on the ability to offer immediate aid which in turn encourages the recipients to look for further aid from other available programs. Nesson expressed that the educational stipends were crucial for success of this program, and a single staff person directing folks to other offices would not be enough. Director Kelley stated that not often does a governmental agency or entity bring money back and ask for reallocation to other successful causes. Kelley stated his support and approval of the reallocation request as a way to bridge the program and give it time to establish scholarships, fund balances and foundations, in order to continue a long term program. Director Green expressed his opposition to the program due to the City's budget "pinch", and suggested that there may be other needs that should be given higher priority than the educational stipends. Director Marinoni stated his opposition to the City providing college scholarships, in lieu of trade school scholarships, and asked for percentages spent on these two types of scholarships. Nesson responded that 65% of scholarship recipients are attending the University, some in two year programs, while 35% are either attending vo-tech or other trade schools. In addition, Nesson feels that it is to the credit of low income people participating in the program that are seeking a college education and the long term effect of college versus trade schools effects higher income earnings on a long term basis. Director Lancaster asked whether the E.O.A. would be required to return the funds if the Board voted against the request to which Nesson responded that the funds are available and would be returned to the City. Director Vorsanger expressed his concern that the City was allocating money to have a program director, but not giving the tools with which the program director would need to work with. April 3, 1990 '*- Vorsanger stated.his approval of this request as an excellent investment for the City in giving low income persons a chance with dignity to make a better -life for themselves through education. -Vorsanger stated that the°City should at least allow operation through the second year of:a proposed five year commitment. Upon roll call, the motion -to roll forward funds was passed with a vote of 5 to 2, with:Directors Green and Martin voting in the minority. • RESOLUTION 52-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR • CITY MANAGER SELECTION PROCESS 4 Mayor Martin introduced `a ,report by the City Board on the City Manager selection process. Martin advised that four candidates had been •interviewed and the Board would need to go into Executive Session to further discuss this matter, and requested that any other business be discussed at this point. OTHER BUSINESS RETREAT AGENDA Linebaugh addressed the Board stating that Staff recommends the Retreat be a two day session, commencing on Thursday, April 5th. LAND FILL/EARTH DAY' Hal Morton, Administrator of Solid Waste Management, addressed the Board updating current hearing procedures ongoing against Northwest Arkansas Waste Management, Inc. Martin reported that last week at a hearing in Federal Bankruptcy Court, Judge Mixon ruled to send the environmental portion of the difficulties back to the Arkansas Department of Pollution Control and Ecology. An administrative hearing for appeal on the permit revocation has been set for April 11, 1990 in Little Rock. The decision of that hearing will become effective immediately, and the landfill could be closed by April 16th or 17th. City Staff has been pursuing multiple options depending on the possible outcomes of the hearing and feel there are still several viable options, both inside and outside of Arkansas, on an interim basis until the competitive bidding process can be accomplished for a longer term contract. The Staff will present their recommendation next Wednesday at the Agenda Session and present the major interim contract components at that time. Martin advised that there was pending legislation in the States of Oklahoma and Missouri analogous to the moratorium imposed by the State of Arkansas having to do with location of landfills that has potential implications on the problem at hand. April 3, 1990 Morton further discussed "Earth Day" for which observance is set for April 22, 1990. A regional festivity, organized by Danelle Campbell and the Environmental Guardianship of N.W. Arkansas, will be held at Mt. Sequoyah with numerous presentations, seminars, activities and music. Morton introduced the Environmental Bill of Rights developed by the U.S. Conference of Mayors under consideration by the Board. Support of "Earth Day" is becoming wide spread and represents a profound shift in public attitudes to preserve the environment and recognize the significance of environmental issues. Morton presented "Earth Day" t -shirts to Board members. Director Green, seconded by Martin, made a motion to approve a resolution to adopt the Environmental Bill of Rights. Upon roll call, the resolution was passed unanimously. RESOLUTION 53-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION DOOR HAWG DAY Linebaugh reported that Friday, April 6, 1990, was declared statewide as Hawg Day in honor of the Razorback Basketball team, and Mayor Martin has indicated a willingness to prepare a proclamation and declare the same for the City. A celebration was being planned for Friday on the Square at 7:00 p.m. and Mayor Martin encouraged the public to be present to honor the team. In addition, on April 20, 1990, a similar type of celebration is being planned for the University Track team, which has won its seventh national championship. Kelley suggested that a proclamation also be done honoring the Lady Razorbacks. LANCASTER RESIGNATION FROM NWARRA Mayor Martin advised the Board that Director Lancaster has given notice to the Board of his resignation effective March 13th as Chairman of the Northwest Arkansas Resource Recovery Authority, but he will continue to serve as a member of the Authority. CITY MANAGER SELECTION PROCESS (Continued) Mayor Martin stated the four candidates, one of which is Mr. Linebaugh, were interviewed in half-day interviews, including tours of facilities and the community, lunch was held to brief the candidates on various community issues and answer questions, after which the Board met in Special Executive Session to interview each candidate. The Board was pleasantly pleased with the forthcoming nature of the candidates and the interviews conducted. April 3,.1990 .4 The Board retired to Executive Session at 9:19 p.m. to continue the reviewal process of candidate qualifications. The Board returned at 10:03 p.m. and announced that there would be no further consideration of,the applications of Knowles, Deaton or Clute. Martin further announced that the qualifications and appli- cation of Linebaugh would.be'further considered and the other seven applicants from the first -selection screening would be interviewed at the earliest possible,,date., Those applicants include Hal Kooistra, Bruce Williams,Fred Hayes, Robert Bocwinski, John Ware, Melinda Carlton and Jerry -Lawson. ADJOURNMENT The meeting adjourned at.10:05•p.m. •