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HomeMy WebLinkAbout1990-04-17 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, April 17, 1990 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Directors Michael Green, Russ Kelley, Ernest Lancaster, 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 ABSENT: Mayor William Martin CALL TO ORDER The meeting was called to order by the Assistant Mayor, with six Directors present. Mr. Vorsanger asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. Mr. Vorsanger 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 Assistant Mayor. • REPORT TO THE PUBLIC '"lA Vorsanger introduced the report to the public and Board that is presented by the City Manager at the second Board meeting of each.. month. This report, for the month of March, includes financial information, an'update on staff activities, and items of general interest. - • , i. • Acting City Manager Scott Linebaugh 'addressed the Board highlighting the activities for the month of March. FINANCIAL INFORMATION The City has assets at the end of March of $167.5 million and liabilities of $41.6 million. Revenues are at the level of $9.1 million, and expenditures are at $9.0 million. • • PERSONNEL �- > There are twelve positions frozen and not filled since January and will be until budget cuts are completed. POLICE DEPARTMENT la Linebaugh stated he receives. complaints every month concerning the lack of violations that are caught by the Police Department. ' For the first three months of 1990, the department has averaged 1,256 traffic tickets per month, with 440 for speeding. The officers have traveled 41,000 miles on patrol. The department April 17, 1990 spent approximately 217 hours working accidents, 124 hours on burglary cases, 130 hours working unlocks, 186 hours on traffic stops, and 56 hours on radar during the month of March. FIRE DEPARTMENT As recommended by the Hay Group study, rank titles have been changed. The rank of lieutenant has been discontinued and replaced by the rank of captain. The former captains are now Battalion Chiefs. This more accurately reflects the responsibility levels they perform. They maintained an average response time of 3.44 minutes with 76 runs for the month. CENTRAL DISPATCH There were 522 911 calls of which 65% were for police, 25% for ambulance, and 10% for fire. There were 249 non -emergency calls. There were 125 hang-up calls. PLANNING MANAGEMENT The City has issued 376 permits to date representing $11.7 million in construction. 1989 was an excellent year, and already 1990 is exceeding those figures. ADMINISTRATIVE SERVICES The 1990 CIP document has been finalized and is available in the City Manager's office. There is a schedule that shows the projects that will be voted on by the public in May. The May 29 primary will contain the ballot question for the city for $33 million of projects mostly being for improvements to the city infrastructure. ANIMAL SHELTER The City has been contacted by the president of the Arkansans for Animals, Mrs. Joan Duffy, who is proposing a state law to set minimum standards for shelters. They want to use the Fayetteville shelter as an example. AIRPORT The City has entered into an agreement with the Northwest Arkansas World War II Museum Association who will sponsor an air show in August. The show will be put on with the city having no out-of-pocket expenses. This is a first for the City, and Linebaugh expressed his appreciation to that group. PROSECUTOR'S OFFICE Linebaugh stated Terry Jones has been with the City for 9 years as a part-time employee. Mr. Jones spends many more hours than designated as a part-time job and sometimes over the hours of a full time position. He tries to solve problems that he sees, and has done so by introducing the Hot Check Program. 1 ' April 17, 1990 Terry Jones addressed the Board and discussed the City Prosecutor's Office. He stated that the office consists of Debi Strobel, Anna Pugh, Melissa Teasaro, and himself. Their primary function is to prepare misdemeanor cases for trial before either the municipal judge or before juries at the circuit court level. While misdemeanors are less than felonies in importance, they are important to the community because this is the type of offense that most of the citizens get involved with. In preparing a case of trial, all evidence is compiled, criminal records arereviewed, witnesses are secured, case and statutory law is applied, and then a recommendation is made to the judge or jury about how a person should be treated in terms of paying fines or jail time. Jones stated he was appointed to the position in 1981 and prepared 1,889 cases for trial. In 1990, they expect to fully prosecute over 10,000 cases which is an increase since 1981 of 560%. Since 1986 when the staff was expanded to 3, he has had an increase of 340% in the number of cases prepared for trial. Jones stated the second function of his office is to make arrests wherea police officer cannot. In order for a police officer to make an arrest for most misdemeanors, they have to be committed in the officer's presence. One of the most common examples is spouse abuse. The third thing the Prosecutor's Office does is tell citizens how they can solve problems. Last year, they answered about 16,900 inquiries from people in the community on legal problems. They serve as legal counsel to the Police Department, Fire Department, and the Inspection Department regarding search and seizures and procedures. They investigate complaints made by, citizens. They spend time on complaints about barking dogs, hit and run accidents, harassing and obscene phone calls, and issue subpoenas. They also serve as a,mediator. If there is a way short of filing a criminal charge to solve a problem, that is the route Jones chooses to take rather .than make criminals of the citizens. They try to participate"in the community. They put out a prosecutor's bulletin to help the police become aware of new laws as they are passed. .They assist in drug -alcohol programs. r Jones stated he had proposed a Hot Check Program that is currently undergoing revisions and hopes that it will be presented to the Board in the very near future. He stated there is a large hot check problem in Fayetteville. He is proposing to the merchants in town to :let' the prosecutor's office be the collecting agent for the hot checks. That way, the habitual hot check writers can be caught faster. A part-ofthis program calls for the addition of two warrant officers to the police department or to the prosecutor's office. They need the power to quickly serve warrants, subpoenas, and other things issued by the court. If it takes 6 months -to a year to arrest a person, then it takes that long for a solution to be found. He sees this program as a potential for making the City a significant amount of money without imposing too much of a heavy burden on the ordinary citizen. , ,'' 4 Vorsanger asked if Jones envisioned the need for a full time city prosecutor. Jones stated he did need additional help, but not in the form of 'lawyer time'. He needs additional support staff to handle the massive amounts of paperwork. He projects a 30% growth every year for the next 5 years and feels there will April 17, 1990 be a need during these next years for a full time prosecutor. He stated his largest problem is having the time to deal with all of the cases. CONSENT AGENDA The Assistant Mayor introduced consideration of items which may be approved by motion, or contracts and 1 hich can be approved by resolution, and which may be grouped together and approved simultaneously under a 'Consent Agenda.' Vorsanger 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. Vorsanger read the items contained in the consent agenda, as follows: A. Minutes of the April 3, 1990 regular Board meeting; E. A resolution authorising payment in the amount of $57,557.42 to the McDermott, Will i Emery law firm for services rendered on the incinerator disengagement lawsuit for the month of February. RESOLUTION 54-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR C. A resolution renewing the Fayetteville Boatdock contract with Jim Black. Staff is recommending approval of the contract and amending it by adjusting the cost of the 12 -month contract by a 5% increase over the 1989 contract making a total of $19,320.20 payable in 26 equal bi-weekly payments. RESOLUTION 55-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR D. A resolution approving a contract with Edward D. Connell to work in the capacity of a 'Right -of -Way' land agent. Staff recommends approval of the budgeted project at a cost not to exceed $23,650 payable at a rate of $11.37 per hour for the 12 month contract. RESOLUTION 56-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR E. A resolution awarding bid to the low bidder, Don Mitchell, for the water and relocations in the vicinity of Cato Springs Road and the New Highway 71. Staff recommends the awarding the contract for the budgeted item at a cost of $354,395.45 of which approximately $181,000.00 will be reimbursable by the Arkansas Highway Department. RESOLUTION 57-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR April 17, 1990 F. A resolution approving Task Orders 01 and 02 with McClelland Consulting Engineers for their basic Engineering Agreement for Airport projects. Staff recommends approval of the task orders which will result in a cost increase of $34,800 for Order #1 and $178,350 for Order #2. Task Order #1 deals with Federal Grant #3-05-0020-13 to purchase property and avigation easements in the Airport Clear Zones. Task Order #2 deals with the lighting/removing obstructions, runway 34 safety area improvements, emergency generator, access road lighting, and security fencing. RESOLUTION 58-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK G. A. resolution approving the Professional Services Contract with Nancy S. Sawyers to provide programming support for the City's computer system and personal computer training, installation, and support. Staff recommends approval of the budgeted contract at a price of $24,840.96 to be paid in twelve equal monthly installments. RESOLUTION 59-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK A resolution approving a contract with Abilities Unlimited for roadside litter pick-up. Staff recommends approval of the budgeted project at a cost not to exceed $5,400.00. This was a pilot program which was begun in 1989 for picking up litter along the roadside of parts of 15th Street, Gregg Street, Drake Street, the Mobile Home Park off of Villa Boulevard, and the subdivision north of Mobile Home Park bordered by Villa Boulevard and Drake Street. RESOLUTION 60-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK I. Removed from the consent agenda. J. A resolution approving a change order in the contract with Jerry Sweetser, Inc.., on the Walton Arts Center Parking site. The modifications resulted in an increase of $35,408.18 and a decrease of $35,088.21 foranoverall net change of $319.97 to the originally approval.contract amount. This contract was approved by staff incorrectly and needs to be ratified by the Board. RESOLUTION 63-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK • Kelley, seconded by Marinoni, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 6 to 0. April 17, 1990 Item •I• Vorsanger introduced consideration of a resolution awarding construction contracts for the (1) Permanent Sewage Flow Monitoring Project and (2) the Manhole Rehabilitation Project. Staff recommends approving the budgeted projects at a cost of $424,974.00 for the Sewage Flow Monitoring project and $257,981.65 for the Manhole Rehabilitation Project. Linebaugh stated staff recommended the sewage flow monitoring be awarded to the low bidder, and the Manhole Rehab Project be awarded to the low bidder, BB & B Construction. The original recommendation was for the award to the second low bidder because of two items that were left out of the bid. The items have been corrected. The second low bidder stated they had no objections to this bid award because they sell the equipment and supplies to BB & B. Kelley asked if the City's best interest is being considered when awarding to the low bidders. Jerry Rose, City Attorney, stated that was correct. Kelley, seconded by Marinoni, made a motion to award the contracts to the low bidders. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 61-90 and 62-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK }SIRS. MARTHA ALTON/RIGHT OF WAY AGREEMENTS Vorsanger introduced a request by Mrs. Martha Alton to address the Board regarding the agreement that has been worked out concerning her sale of two (2), twenty (20) feet by one hundred (100) feet right-of-ways to the City. Lamar Pettus, attorney for Mrs. Alton, addressed the Board on her behalf. Pettus outline the history of the Alton's move to Fayetteville many years ago. They purchased property on top of Sunrise Mountain and were connected to the city water lines. In May of 1987, they notified the City that the residents were experiencing problems with their water and wanted to work out some type of solution between the City and the 11 affected homeowners. After several months of correspondence, the City Board on November 1, 1988, directed staff to study proposals for a possible solution in assisting the homeowners develop their water system. In February 1989, the estimated cost of improvements was $80,000 and after negotiations with the homeowners, the Board advised the homeowners that it was their problem, and City funds could not be expended to assist them. On August 1, 1989, Mrs. Alton appeared before the Board regarding condemnation of two pieces of property she owned. The purpose of the condemnation of the two 20' x 100' strips was to enable a whistle or thimble to be installed underneath the highway now and avoid the added expense that would be incurred 15 or 20 years in the future when the City might decide to extend sewer lines south of the bypass. There was no immediate need for the property, so Mrs. Alton challenged the ability of the City to condemn her property. • April .17, 1990, About three weeks ago, Bert Rakes. and. Don Bunn asked to meet with Mrs. Alton to see if something could be worked out. It was estimated that if the land was given, it would represent a $21,000 savings to the City now. If it was waited until after the highway was built, the savings would be $39,000. Mrs. Alton stated to Mr. Pettus that she felt it would be in the best interest of the City and citizens to convey the easements now and allow the City to save the money. _Pettus asked the Board to consider. burying the hatchet with the homeowners on Sunrise Mountain and work something out in a timely fashion on their water system. With this in mind, Mrs. Alton has agreed to turn over the easements to the City' for the proposed bid price of $270.00. Vorsanger stated that the Board on two or three occasions has looked into the possibility of the water system on Sunrise Mountain. Kelley asked that. the Staff make a response in the near future in regard to this issue. Linebaugh stated there would be a forthcoming response. AIRPORT - CONCESSION AGREEMENT/REPUBLIC PARKING SYSTEM Vorsanger introduced consideration of a resolution approving a five year concessibn"agreement with Republic Parking System for operation of the passenger parking lot at the Commercial Terminal Building at the airport. Staff recommends approval of this agreement which includes the expansion of the existing facility, parking rate adjustments, and the addition of gross revenue receipts exceeding $300,000.00. • Linebaugh statedthe expansion to the parking lot will create 148 spaces at a cost of about $140,000 that will be divided and,paid at a rate of 1/60th per month until the expansion expense has been totally paid for. .The cost figures have been reviewed and appear to be reasonable. Kelley? seconded by Marinoni, made a motion to approve the resolution. Upon roll ..call, the motion passed by a vote of 6 to 0. RESOLUTION 64-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK TRACTOR PURCHASE/BID 90-10 i • Vorsanger introduced a resolution'awarding Bid 90-10 to Williams Ford Tractor for the purchase of several tractors and pieces of equipment at a total purchase price of $89,261.00. Staff recommends. awardof,the bid which came in under budget by $5,939.00. Marinoni stated these tractors will be serving a purpose of equipment that is now on a lease basis. The cost of the lease plus the maintenance the City has to complete is two or three times as high,as purchasing the tractors and owning them ourselves. He stated Item 11 was being forfeited in favor. of Items 5 & 6, but the price is double. He wonders if this is justified. April 17, 1990 Bill Oestreich, Shop Superintendent, stated that the item rejected was a specialized piece of equipment. The item accepted is for two pieces of equipment, one to be utilized at the Airport and one at the Parks Department. The value is equivalent to the rejected Item 11. Marinoni, seconded by Kelley, made a motion to approve awarding the bid. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 65-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK BOND COUNSEL FOR CIP BOND ISSUE Vorsanger introduced consideration of a resolution approving the contract with the bond counsel, Brown & Wood, for the Capital Improvements Bond Issue that will be taken to the voters on May 29. No funds will be spent unless the bond issue is passed. Vorsanger stated the City establishes a committee to review all applications for bond counsel and underwriters. It is a very lengthy process, and the committee is made up of directors, staff, legal counsel, and experts in the field. The selection is narrowed to several firms who are then invited to come in and make presentations to the committee. After the presentations, there is a secret ballot by the committee members. The staff works with the firm on fees, etc. The recommendations that have gone through all of this screening are being brought to the Board at this time for approval. Linebaugh stated there had been a contract with another law firm, but the firm was not able to continue with the contract as the firm split. The selection process had to be started over. The percentage price the firm is charging is .00182 on the bond issue. The payment of the fees is contingent upon issuance of the bonds. Lancaster, seconded by Marinoni, made a motion to approve the resolution and award the contract. Kelley asked if there was any conflict with any of the law firms that we are currently involved with. Linebaugh stated this had been checked, and there was no conflict of interest. Robert Brandon stated he had asked to be able to review the contracts before they were presented to the Board. He stated he would like to know what the instructions are that the City has given the attorneys particularly in regard to the writing of the bond indenture. He is concerned about the part of the indenture that affects school funds. He feel the language of the indenture should be made public and wanted to know what was necessary for a member of the public to have access to the discussions before the contracts are signed. Vorsanger stated he felt part of Mr. Brandon's question would be answered when he saw the ordinance calling for a bond election. Brandon stated by the time the election comes around, the bond indenture will already be written. Vorsanger stated the trust indenture and the bond indenture April 17, 1990 will both be written by counsel, and this is the first step toward writing these indentures. 1 Linebaugh stated the contract has nothing to do with the school issue. The proposal for the contract has been available for over two weeks in the City Manager's office and has been in a past agenda. •Brandon stated he understood then that this contract was to simply hire counsel that will write the bond indentures. The writing and how to write the indentures will then be a public process. He asked if this was correct. Linebaugh stated we were dealing with an opinion the attorneys have to give, and you are saying that the City would put pressure on them to give a particular opinion. This is not correct. Brandon stated this was not what he meant. Brandon stated the bond indenture would be written that may include a lease agreement whereby the money that was voted to be given to the schools would instead be used for different programs. Brandon is trying tofindout exactly how the indenture is to be written. He wants to make sure that the contract tonight will not eliminate the possibility of reviewing the process of writing the indenture. Linebaugh stated it would not eliminate that. He further stated the indenture process is quite lengthy and will be brought back to the Board for approval. Brandon stated he also wanted to know the precise instructions counsel is given to write the indenture. He wants to be informed when the processes are going on. Vorsanger stated the City would do their best to inform the public. Linebaugh stated the lease Mr. Brandon is referring to does not state how the school will spend its $10 million. The listing of projects has already been given to the City by the school. Upon roll call, the motion to approve the contract passed by a vote of 6 to 0. 4 RESOLUTION 66-90 APPEARS ON PAGEt- OF ORDINANCE AND RESOLUTION BOOK BOND UNDERWRITERS FOR CIP BOND ISSUE Vorsanger introduced a resolution approving the contract with the Bond Underwriters, The Llama Company, for the Capital Improvements Bond Issue that will be taken to the voters on May 29. •Y Y Marinoni, seconded by Lancaster,made a motion to approve the resolution. Linebaugh stated the selection committees consisted of a school board member, the school superintendent, two City Board members, three members of staff, and one citizen from the financial community. There were about 8 proposals that were narrowed down to three. The Llama came out on top. Upon roll call, the motion passed by a: vote of 6 to 0. RESOLUTION 67-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK April 17, 1990 CAPITAL IMPROVEMENTS BOND ORpINANCE - SPECIAL ELECTION Vorsanger introduced consideration of an ordinance calling fora special election for the purpose of submitting to the electors of the City of Fayetteville the issuing of capital improvement bonds. The ordinance was read for the first time. Director Marinoni, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. 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. Green asked if it was necessary for the ordinance to be as long as it is and contain all of the provisions outlined to comply with legal requirements. Rose stated it was an agonizing and lengthy process compiling the ordinance. The bond counsel believes that the detail that is included is necessary to make the ordinance beyond a doubt capable of withstanding any legal attack and capable of giving the voters a clear and direct choice of precisely what they are voting for as required by the law. Robert Reus addressed the Board stating a form of government reorganization election was forthcoming probably in early June. He stated his group was not having trouble getting signatures. They have slowed down to concentrate on raising the voter registration level in certain neighborhoods. He asked if the voters did vote to reorganize in June, would the bonds be issued anyway and does the City have to issue them after the citizens vote to do so. He feels this would foreclose on the options of the new council. Vorsanger stated everything being proposed in the bond issue already has a tax that is being collected to cover the project. The projects are essential to the maintenance and future of this City regardless of the form of government. Certainly you aren't saying that if you change the form of government, you won't fix bridges and build roads. This is the democratic process at its finest. The people are telling their government how to spend their money. Vorsanger further stated that Reus and his group will not have the choice to set the election when they want it. He asked City Attorney Rose to explain how an election of this sort comes about. Rose stated he was aware of no provision that sets a specific time after which a petition is submitted in which an election must be held. The only thing the statutes state is that it can be held no sooner than 30 days after the approval of the petition. It is up to the Board of Directors to set the election. Rose stated the election should be set in a reasonable time in the future. He suggested calling the election sometime before the November elections so that if the mayor/council form were to be adopted, candidates would have time to file for one of the new positions. Reus stated his research at the law library indicated that the City had 30-60 days to call the election. He will check this out again. As to the necessity for issuing the bonds, most of the projects are necessary. However, there may be a new council next year that believes in a more frugal administration and may April 17, 1990 want to pay-as-you-go rather than paying off the principle and interest amounts on the bond issue. Spivey stated that he had heard many times regarding the incinerator over the past year and a half about the City deciding to spend $20 million without taking it to the public for a vote. He stated this was being taken to the voters, but it seems ironic that Reus seems to be suggesting that the City would rescind this if a new council is elected and let them make that decision. Reus stated general obligationsbonds have to be voted on by the public. Reus stated he was suggesting that Board is foreclosing on the options of the new council. He feels it is wrong to mortgage the future of the town for the next 20 years. Vorsanger stated as strong as Reus feels that the current form of government will not be here in January, he feels just as strongly that it will. Wayne Jones stated he took exception to Reuel comments regarding telling him that he would change the form of government. He felt the other well educated voters in the City feel the same way he does. The voters last fall voted in favor of going the way the Board is going with the Capital Improvements Program At that point in time, it was stated that the citizens would have a chance to vote on the individual projects. He feels delaying the CIP vote would be delaying needed improvements in the City. He feels he is speaking for a majority of the citizens of Fayetteville supporting the Board's actions on the ordinance on the CIP issue. Upon roll call, the motion to approve the ordinance passed by a vote of 6 to 0. ORDINANCE NO. 3480 APPEARS ON PAGE)00 OF ORDINANCE AND RESOLUTION BOOR ,\(V AIRLINE -RATES AND CHARGES -LANDING FEES AND SPACE RENTALS • Vorsanger introduced an ordinance setting airline rates and charges for landing fees, exclusive space rentals, and non-exclusive space rentals. Staff recommends the following rates retroactive to January 1, 1990: Landing fees per 1,000 MCLW; Exclusive Space Rentals (5,137) Non -Exclusive Space Rentals (3,420) $0.595 $18.01 per sq. ft. $13.49 per sq. ft. r City Attorney Rose read the ordinance for the first time. Vorsanger stated that the City has been in the process of negotiating a new lease. At the last communication at 5:47 p.m., an agreement has not yet been reached. He is requesting that the Board allow the airport negotiating team a few additional days in hopes of coming to a mutual agreement on the rates. Rather than place the ordinance on its third reading, he would like to have some lead time to complete the negotiations. He also wanted to make sure that there was an ordinance that clearly reflects the costs and rates the City feels are fair. April 17, 1990 • He stated because he had been involved with these negotiations, he has become aware of the operations at the airport. He stated he was pleased to announce that Fayetteville and the government have an investment of a little over $12 million in the airport. No other city in Northwest Arkansas could come up with that amount of money for a first class airport. An expansion program is in progress at the airport. Over 250,000 enplanements and deplanements have taken place this year. He stated this was the second busiest airport in Arkansas. A regional airport commission is being considered because Fayetteville is, in essence, serving an entire region. The FAA has been in Fayetteville today, and they stated there was no area with such a concentration of airports as Northwest Arkansas. The FAA will be spending a little more than $600,000 next year on additional safety measures. Fayetteville's airport is here to stay. Spivey asked if one of the airlines elected to pull out, has the City been approached by an airline that would like to take its place. Vorsanger stated he would rather not discuss that at this time. Kelley stated he agreed with leaving the ordinance on first reading. He felt it shows the City's commitment to a higher level of compensation based on a consultant's report. These are not figures that have just been arbitrarily chosen. Green thanked Vorsanger for representing the Board on the negotiating team. He stated the airport was very important to the City and the public from an economic as well as a convenience standpoint. NOMINATING COMMITTEE REPORT Vorsanger introduced a report by the Board Nominating Committee announcing appointments to fill various vacancies on boards and committees. Kelley, Chairman of the Nominating Committee, stated there were two commissions, the Advertising & Promotion and the Board of Housing and Construction Appeals, where there were no applicants. These positions will be readvertised. Kelley announced the following appointments: Board of Adjustment: Two positions, formerly held by Gerald L. Boyd and Robert H. Davis, with new terms ending April 1, 1995. Kelley, seconded by Vorsanger, made a motion to approve the reappointment of Mr. Boyd and Mr. Davis. Upon roll call, the motion passed by a vote of 6 to 0. Civil Service Commission: Two positions, formerly held by Ronald M. Jones and Sabra Hassell, with one unexpired term ending April 1, 1992 and a new term ending April 1, 1996. 1 April 17, 1990 Kelley, seconded by Vorsanger, made a motion to appoint John P. Middleton to the unexpired term and Denny Tune to the term ending April 1, 1996. Upon roll call, the motion passed by a vote of 6 to O. Historic District Commission: Two positions, formerly held by Patricia Page and Thelma Manske Fuller, with new terms ending April 1, 1993. Kelley, seconded by Vorsanger, made a motion to reappoint Patricia Page and appoint James E. Cross. Upon roll call, the motion passed by a vote of 6 to O. Planning Commission: One position, formerly held by Ernest Jacks, with an unexpired term ending January 1, 1993. Kelley, seconded by Vorsanger, made a motion to appointing Charles R. Nickle. Upon roll call, the motion passed by a vote of 6 to 0. Library Board of Trustees: One position, formerly held by Carol Phillips, with a new term ending April 1, 1996. Kelley, seconded by Vorsanger, made a motion to reappoint Carol Phillips. Upon roll call, the motion passed by a vote of 6 to 0. OTHER BUSINESS STANBERRY LAWSUIT APPEAL City Attorney Rose stated that the Stanberry's had asked for $600,000 for settlement of what they believed to be inverse condemnation as a result of sewage spillnion•their property and in their lake over a period of some 17 to 20 years. The jury awarded the Stanberrys $260,000. The judgment is in the process of being negotiated between the attorneys. The only thing left to argue about is the amount, if any, of the post judgment interest. ,He recommends that the City appeal the decision for two reasons: First, there is a substantial amount of money involved which generally warrants and appeal. ,Second, he feels there are some valuable appellate issues to be tried. The chief issue is whether or not it is necessary for the Stanberry's recovery that they show permanent damage to their land. We asked the judge•.for that instruction, and he turned it down. Jim McCord and Rose both feel that there is certainly an issue upon appeal to determine whether or not the judge should have instructed on that issue. The cost of the appeal will approximately $10,000. The length of the appeal is. estimated by year end. - - Green, seconded by Lancaster,* made a motion to appeal the verdict. Upon roll call, the motion passed by a vote of 6 to 0.. • RESOLUTION 68-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR April 17, 1990 WARNER CABLE RATE INCREASE • Vorsanger stated the Board had been delivered a letter by Warner Cable indicating a rate increase effective June 1, 1990. Warner Cable will be putting something in the bills at the end of April and first of May indicating the increase in rates and perhaps additional channels. ADJOURNMENT The meeting adjourned at 9:30 p.m.