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HomeMy WebLinkAbout1990-05-15 Minutes1b MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, May 15, 1990 at 7:30 p.m. in the Director's Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. • PRESENT: Mayor William Martin; Directors Michael Green, Ernest Lancaster, Russ Kelley, Paul Marinoni, Jr., Shell Spivey, and Fred Vorsanger; 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 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 those present in the audience and 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 questionsfor the Board or Staff should be directed to the Mayor. E. FAY JONES Mayor Martin .asked Assistant Mayor Vorsanger and the other Directors to join •him at the podium as a group to present commendations and respects to E. Fay Jones for his distinguished career and contributions to the field of architecture, including his efforts to enhance the beauty of Northwest Arkansas. Martin invited Mrs. Jones to'come forward also as he read the proclamation of public recognition from the Mayor's office. Vorsanger presented Jones with a key to the city. Jones addressed the .audience and expressed thanks and deep appreciation for the honors. REPORT TO THE PUBLIC City Manager Linebaugh presented a report to the Board and the public for the month of April regarding review of the upcoming bond election on May 29. Linebaugh made several announcements to the public before beginning his report. They were as follows: May 15, 1990 1. Awarding of a Title II grant in the amount of $1q0;000 by the State Library Board to Ozark Regional Library for renovation of the Fayetteville Public Library. 2. The invitation of the City of Fayetteville to a public forum on May 21, 1990 to be held by the League of Women Voters at 7:00 p.m. at the Fayetteville Public Library. City of Fayetteville will report on the Sales Tax Bond subject, with a question and answer session to follow. 3. City of Fayetteville has been awarded the Certificate of Achievement for excellence in Financial Reporting. Linebaugh presented a report on the Capital Improvements Bond Election which will be held May 29, 1990. He stated the ballot will have eleven questions relating to important subjects the City feels need to be addressed as soon as possible. He discussed four points of interest, which have been the recent source of many questions: 1. "WHAT IS THE IMPORTANCE OF THE CAPITAL IMPROVEMENTS PROGRAM AND THE BOND ELECTION?" Linebaugh stated that the community's infrastructure is in serious condition regarding street repair, water lines, closing of the City pool, police and fire 'equipment and adequate parking space on Dickson Street, among other areas. He called attention to the map showing the many different projects planned and their individual locations widespread throughout the community. The program runs from 1990 to 1994 and totals $80.7 million, the majority of these projects being for infrastructure. $51 million of the program is scheduled to be handled through the Bond issue. Two separate Bond issues are planned, one being a Sales Tax Bond issue totalling approximately $41 million and the second, a Water and Sewer issue, for $10 million, occurring sometime in 1991 or 1992. • 2. " WHAT AREAS OF IMPROVEMENTS WILL BE ADDRESSED BY THE ELECTION?" Linebaugh introduced a schedule showing the question categories, including streets and bridges ($12.3 million), parallel 36" water line ($11.6 million), drainage improvements ($1.8 million), sanitation process and transfer center ($1.2 million), public parks and playgrounds ($561,000), police facilities and equipment ($213,000), fire facilities and equipment ($1.7 million), CEMS capital ($69,000), Youth Center pool renovation ($1 million), Dickson Street parking ($2 million), and a City Maintenance Center ($575,000). 3. "WHY DO WE NEED THE ELECTION INSTEAD OF COMPLETING PROJECTS ON A 'PAY AS YOU GO' BASIS?" Linebaugh explained that it will be more costly to the citizens and the City to wait and that most of the projects could not wait to completed on a "pay as t May 15, 1990. you go" basis. For example, the 1990 Project Schedule has over $9 million worth of projects that need immediate attention. 4. "WILL THERE BE CAPITAL FUNDS AVAILABLE FOR THE NEEDED PROJECTS AFTER 1994?" Linebaugh pointed out that the one cent sales tax has averaged a 6% increase since 1985. Using a conservative ,4% increase in the Bond projections, the amount above the bonds plus 2% mandated pledge would equal $40 million, which could be used over the remaining 14 years. There would also be $5.5 million per year in operating funds to go toward capital projects. Linebaugh stressed the importance of being aware of the categories of projects and understanding them. He indicated that additional information could be obtained through the City Manager's Office at any time. 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 "ConsentAgenda". The Mayor explained 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: ' Minutes of the February 16, 1990 Board Retreat, March 27, 1990 Special Board meeting, -March 28, 1990 Special Board meeting, March 29, 1990 Special Board meeting, March 30, 1990 Special Board meeting, April 12, 1990 Special Board meeting, April 25, 1990 Special Board meeting, April 30, 1990 Special Board meeting, May 1, 1990 Special Board meeting, May 1, 1990 Regular Board. meeting, May 3, 1990 Special Board meeting, and May 9, 1990 Special Board meeting; B. A resolution approving the Disadvantaged Business Enterprise. Program which is a requirement for continued Airport Federal Grant Funding; RESOLUTION NO. 74-90 APPEARS.ON PAGE OF ORDINANCE AND RESOLUTION BOOR C. A resolution awarding a bid for floor covering at the Airport to Ozark Floor Company for $64,547.93, and a budget adjustment of $5,175; RESOLUTION NO. 75-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR May 15, 1990 D. A resolution awarding a bid for a 13 unit T -hangar storage facility to Weinland, Inc., in the amount of $143,156 and approval of a budget adjustment; RESOLUTION NO. 76-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR R. Removed from Consent Agenda. F. Removed from Consent Agenda at Board Agenda Session G . Removed from Consent Agenda at Board Agenda Session H . A resolution awarding Bid 90-10 for hay harvesting on the Municipal sludge site; RESOLUTION NO. 77-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR I. A resolution approving filing suit for Petitions of Title on two vehicles confiscated by the U.S. Government and transferred to the City; RESOLUTION NO. 78-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR J. A resolution approving payment of $34,420.22 to McDermott, Will and Emery for services rendered on the incinerator disengagement lawsuit for the time period of March 1-18, 1990; RESOLUTION NO. 79-90 APPEARS ON PAGE RESOLUTION BOOR OF ORDINANCE AND R. A resolution approving the lease agreement with Xerox Corporation for lease of one Xerox copier; RESOLUTION NO. 80-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR L. Resolutions awarding Bid 90-18 to the lowest bidders Stafford Enterprises in the amount of $7,425 plus tax and to Sunshine Service Co., in the amount of $1,350.00 plus tax for reflectorized paint pavement markings. RESOLUTION NO. 81-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK RESOLUTION NO. 82-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR May 15, 19904' Mayor Martin requested that item E on the consent agenda bes.removed and a recommendation be made. Marinoni, seconded byVorsanger, made a motion to approve the Consent Agenda. Upon roll call, the motion was unanimously adopted. City Manager Linebaugh recommended that the bid for the recycling crane purchase be awarded to Dealer's Truck and Equipment Co. of North Little Rock, Arkansas in the amount of $17,262. Kelley, seconded by Green, made a motion to adopt the resolution. RESOLUTION NO. 83-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Candace Marie asked whether or not curbside recycling would ever be considered. again. Linebaugh answered that curbside recycling has been studied at great length, and it was found that' costs would be greater and require extra personnel. Director Kelley stated that the curbside recycling was originally viewed as a pilot program but the. Citizen's Task Force recommended that it not be utilized due to the. lack of success across the country. • Marie stated that she felt Fayetteville was as progressive as Ft. Smith or Eureka Springs. Since both those towns are recycling curbside or beginning a curbside program, she questioned comments from the Board stating -that the curbside program was not efficient and effective. Mayor Martin explained that after much study on the subject, it was suggested that the City begin recycling.with the residential drop- off centers. He stated that the Board.was.interested in citizens comments such as Marie's so they could make decisions regarding additional programs they could initiate. Martin encouraged Marie along with others to keep communication lines open on the subject for further action in the future. CITY MANAGER SELECTION PROCESS Due to questions from the press, Mayor Martin explained the procedures taken by the Board in the selection process for the City Manager position. He stated that, in carefully considering the Freedom of Information Act, the Board called Special Board Meetings where discussion of the employment of City officials would be permitted in executive session. He also stated that after every session it was announced what action, if any, had been taken. 1 t. May 15, 1990 PARKLANDS PROPOSAL 1 Martin introduced consideration of a proposal for parklands on the 4.17 acres of land north of Leverett Elementary School. City Manager Linebaugh stated that the Board might wish to delay a decision at that time due to action taken by the City Planning Commission. Planning Management Director John Merrell addressed the Board regarding the public hearing at the Planning Commission. He stated that School Board member Winston Simpson requested that the school • • board have more time to study proposed alternatives for the property. Therefore, the Planning Commission voted to postpone consideration of rezoning until their next meeting, which will be June 1, 1990. Charles Baxter, 819 Hall Ave., spoke to the Board on behalf of the Leverett Ave. Park Committee. He stated that the committee felt the acreage in question to be a "blessing", seventy-five or more years in the making. He stated it was a unique opportunity to establish a special place for generations to come. Baxter stated that the request was not "anti -development" rather an affirmation of the importance of natural areas within the City of Fayetteville. He stated that due to the dense population around the acreage (apartment complexes, etc.), and the close proximity to the elementary school as well as the University of Arkansas, the possibilities for this "green space" were exciting and numerous. Baxter presented the Board with several petitions and also letters from children at Leverett Elementary School. Mayor Martin noted the celebration that week of the 50th anniversary of the school at it's present site. Dan Coody addressed the Board concerning the property rezoning and stated the only parties to profit from the rezoning would be the sellers of the property, the business owners and their agents. He stated that the losers in this situation would be "everyone else in Fayetteville". He encouraged the Board to preserve the beauty and natural state of the acreage and pledged to build a large gazebo in the park if it was left as public parkland. GROUP "A" WATER LINES Martin introduced consideration of a resolution awarding a contract for Group A water line replacements to BB&B Construction in the amount of $297,975, and the approval of a budget adjustment. City Manager Linebaugh stated that the water line replacements will be paid from the water and sewer funds and not from the Bond issue. lay May 15, 199Q, Kelley, seconded by Marinoni, made a motion to adopt the resolution. Director Vorsanger made a comment that he knew the funds were available in the budget for this year, but was unclear as to where the funds for the budget adjustment would come from. Linebaugh explained that the additional funds would come from the actual fund balance in water and sewer, due to underestimation of 1989 revenues in the approximate amount of $500,000. Vorsanger requested that areas for water line replacement be well- publicized for the citizens information. Upon roll call, the resolution was adopted unanimously. RESOLUTION NO. 84-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK GROUP B WATER LINES • Martin introduced consideration of a resolution awarding a contract for Group B water line replacements to Fochtman Enterprises, Inc., in the amount of $434,620, and the approval of a budget adjustment. Linebaugh stated that his comments on this could be considered the same. The area targeted for these improvements would be primarily the Rose Hill addition. Kelley, seconded by Green, made a motion that the resolution be adopted. Upon roll call, the resolution was unanimously adopted. RESOLUTION NO. 85-90 APPEARS ON PAGE . OF ORDINANCE AND RESOLUTION BOOK RIGHT OF WAY PROPERTY Martin introduced consideration of a resolution authorizing the purchase of right-of-way property located at 208 East Center for the Detention Center., Road Project. Linebaugh emphasized that this property is the first part of an obligation made to the County. He stated there has been some speculation as to the best way for the road to be placed or extended. This property will be required, no matter which way it is decided that the road be constructed. He also related that the property owner requested the sale of the property, and the City will be purchasing it at the appraisal.value. May 15, 1990 Vorsanger, seconded by Kelley, made a motion to approve the resolution. Director Green stated that this was not an item the Board had to act on immediately, aside from the fact that the opportunity to purchase the property presented itself without requiring condemnation proceedings or other negative actions. Director Kelley added the fact that the City had committed to Washington County to build the road even prior to the Capital Improvement Program. Director Lancaster recalled the original commitment was that the City would spend an amount of approximately $200,000 for a road to extend from Mountain Street and behind the Courthouse. Beyond that point, the County was to assist in securing the right-of-way and bear any costs over $200,000. He explained that he was not in opposition, but pointed out that the undertaking should be a joint venture with the County and not just for the citizens in the city to bear alone. Upon roll call, the resolution was unanimously adopted. Martin stated that he believed the County had engaged the services of a consultant to study the extension of that road over to the new Courthouse facility. He urged citizens concerned about effects on their property contact the City Board or the County. RESOLUTION NO. 86-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK SETTLEMENT OFFER Martin introduced consideration of a resolution approving a settlement offer in ERC Properties, Inc. vs. City of Fayetteville. Director Lancaster, seconded by Marinoni, made a motion to deny the settlement offer. Director Vorsanger expressed his concern. He felt that the Board of Adjustment had done an outstanding job, and the Board has supported them 100% in the past. He agreed that this settlement offer should be rejected but suggested that the matter be sent back to the Board of Adjustment for them to work on a new figure and submit it to ERC. Director Green returned to the Director Kelley motion, stating agreed with Vorsanger that the matter should be Board of Adjustment. suggested the amendment be made in the form of a that he would rather the Board of Adjustments and May 15, 1990 ERC come together and work on a'settlement before the City Board acted officially on accepting or rejecting an offer. Lancaster withdrew his motion. Marinoni withdrew his second to the motion. Kelley, seconded by Vorsanger, made a motion to refer action on the settlement back to the Board of Adjustment. Upon roll call, the motion passed by a vote of 7 to 0. PROFESSIONAL SERVICES SELECTION POLICY Mayor Martin introduced for consideration a resolution amending the City's Professional Services Selection Policy so that paragraph D which states "any Board member wishing to serve" will be changed to read "one Board member appointed by the Mayor" will serve on the committee. Kelley, seconded by Martin, made a motion to amend the City's Professional Services Selection Policy to limit participation to one Board member, to be appointed by -the Mayor. Upon roll call, the resolution was adopted by a vote of 6 to 1, with Director Lancaster voting in the minority. RESOLUTION NO. 87-90"APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS .. WARNER CABLE Director Vorsanger metitioned.he has been getting phone calls and the Board has received copies of letters from citizens complaining about thegWarner Cable fee increase and their "cut-back charge". He felt it was important that the Board acknowledge receiving the calls and letters: i COMMENDATIONS . Vorsanger asked that the public be.made aware that the City's Internal Auditor, Yolanda Perez -Beltran received a commendation by the Institute of Internal Auditors for her performance as head of the local chapter. . s Vorsanger also mentioned a letter from Governor Clinton to the City, congratulating'the Board on the Recycling Program. • May 15, 1990 NEW CABLE COMPANY fig Director Lancaster asked about information on the prospect of a new cable company. City Manager Linebaugh stated that he has had one meeting and numerous telephone communications with Razorback Cable Company. They are interested in entering into a franchise agreement with the City. He explained that his office was in the process of investigating the situation at this time and will make a full report at a later date. ORTON CONDOLENCE Director Marinoni stated that ex -Board Director Marion Orton's husband passed away this week and extended condolences and sympathy to the family. FULTON SANITATION Staff recommended a bid waiver and award of a contract to Fulton Sanitation for removal of a wood pile at 15th & Armstrong. This was the remaining storm debris from last year. Cost of the removal will be approximately $15,000, and Staff feels it should be done as soon as possible. City Attorney Rose read the ordinance waiving the requirements of competitive biding and awarding the contract to Fulton Sanitation. Kelley, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the rules were unanimously suspended. The ordinance was read for the second time. Kelley, 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 and final time. Director Green questioned why bids were not taken on this matter. Linebaugh stated that they did go out for quotes but only one was received. He said that since only one company showed any interest in performing the service, they decided to get a bid waiver and proceed with the clean up. Director Spivey stated that he had received phone calls from different residents complaining that the debris pile had become a dumping ground for trash. He agreed that it was a type of emergency situation and suggested that some type of time table be given to the residents about when the work would begin. Director Marinoni stated that he supported burning the debris pile and using the money for some other project. May 15, 1990 Upon roll call, the motion passed by a vote of 5 toj42; with Directors Marinoni and Lancaster voting against the motion. ORDINANCE NO. 3483 APPEARS ON PAGE 02.3 a RESOLUTION BOOK X ADJOURNMENT 4 The meeting was adjourned at 9:25 p.m. • • • • OF ORDINANCE AND 1 t