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HomeMy WebLinkAbout1990-09-18 Minutes295 MINUTES OFA MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 18, 1990 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; 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 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 those present in the audience and those watching at home. 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 or Staff should be directed to the Mayor. REPORT TO THE PUBLIC A report to the public and Board was presented by the City Manager Scott Linebaugh. The report for the month of August included financial information, an update on staff activities and items of general interest. • FINANCIAL INFORMATION Linebaugh presented a balance sheet showing assets for the end of August of $151.2 million, liabilities of .$35.1 million and a Fund •balance of $116 million. Operating and non-operating revenues were -$26.6 million, which was an increase of $1.9 million from the same period last year. Expenditures were listed as $43.9 million as of August 31, and Linebaugh stated that this was an increase of $18,400,000 over the same period last year. He explained that $16.2 million went for the'retirement of the sales tax/sewer bonds. INSPECTION DIVISION Linebaugh stated that,'as of August "of '1989 there were 953 construction permits issued with a value of $24.3 million issued. u September 18, 1990 For this same period this year, the number of permits issued is 1,096 for a value of $34.6 million, which is an increase of approximately 15% in the number of permits issued and 42% in the dollar value. MUNICIPAL COURT Linebaugh stated that the Municipal Court has been offering training sessions for 20 University of Arkansas Police officers for the purpose of informing the officers of the court's procedures and court system. The court assigned 29 people to 1,562 hours of public service in lieu of fines and costs. 471 hours were completed in August for a total of 1,886 hours. There were 8 people assigned to 293 hours of public service in lieu of jail time. Linebaugh stated that the hours translated into $1,004 which was transferred to the airport, various parks and the city shop for equipment. PARRS DIVISION Linebaugh stated that Wilson Park closed on Labor Day with a total attendance of 39,588 people, compared to 25,528 last year. Revenue highs reached $63,661 as compared to $46,065 in 1989. Average daily attendance rose approximately 120 persons per day this year. TRAFFIC DIVISION Linebaugh stated that during the month of August, traffic maintenance crews spent 205 labor hours on the new traffic signal installation at Township & Gregg. He predicted completion of the project for the end of September. COMMUNITY DEVELOPMENT Linebaugh stated that Abilities Unlimited has made progress in their expansion project by scrapping the addition project in favor of improving the existing building. Improvements include: the addition of a new loading dock to the rear of the building, improving the parking lot and installation of lighting and safety equipment. Linebaugh stated that Abilities Unlimited feels these improvements will enable them to handle the influx of recyclable materials from the City. Contracts at the Workshop are reported up and 10 new employees have been added due to the increased amount of recycling materials coming in. It was estimated that by the end of this year, Abilities Unlimited will employ 50-75 handicapped workers. ANIMAL SHELTER Linebaugh stated that animal shelter officers have issued 1,022 warnings and citations. This is felt to be due to increased September 18, 1990 efforts to assure that the ordinances are being upheld. Construction is ahead of schedule and completion is anticipated for 'December of this year. Linebaugh then turned the presentation over to Lib Horn who discussed the plans for the Shelter. Horn thanked the citizens of Fayetteville and the Humane Society for helping to make it all possible. She stated that, to date, they have taken in 3,431 animals at the shelter and explained that, in order toprovideclean, comfortable living conditions for the animals taken in, the present facility was extremely inadequate. Horn stated that the numbers are only increasing and the need for a larger facility is crucial to provide the best possible care for these animals. Horn then gave a brief slide presentation showing the present construction site and its interior. She described each room in the construction and its purpose. She stated that the old shelter building would be used for storage. Horn stated that she has been asked repeatedly for copies of the policy and procedure manuals for the shelter from many states due to the high quality standards at the shelter. Robert Brandon addressed the Board about Mr. Linebaugh's policy concerning investigating citizen backgrounds. He stated he disagreed with the City calling for investigations and asked that the Board request Linebaugh's resignation. Mayor Martin addressed Brandon's allegations and asked Linebaugh to explain the events of a press conference where the reviewal of political candidate backgrounds and arrest records was discussed. Linebaugh stated that the City of Fayetteville has never done investigations into citizen backgrounds and he did not call for that do be done. He stated he felt it was the public's right to know the backgrounds of political candidates. Robert Reus addressed the Board concerning the investigation issue stating that he was not now a candidate for political office nor did he intend to run for candidacy and his name had been mentioned as one that the background needed to be=checked into. Director Green stated he understood Linebaugh's frustration about being accused of wrongdoing. However, this is part of being in public life. He hopes the public realizes that it is the policy of the Board not to intimidate citizens,tand that they want to keep the lines of communicationopen. "x Al Vick addressed the Board concerning time limits given to citizens addressing the Board. He felt this would be an attempt to shut down free speech. • JCS September 18, 1990 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 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: A. Minutes of the September 4, 1110 regular Board meeting; E. A resolution awarding a bid to Payette Tree & Trench in the amount of $73,703 for the construction contract for the Appiebury Sewer Replacement Program; BB & B Construction Company also bid the project, but submitted their bid via FAX which was considered unacceptable because the specifications called for sealed bids. McClelland Engineers and the engineering staff reviewed the bid submitted by Fayette Tree & Trench and find that it is in-line with current market prices and recommend awarding the bid. RESOLUTION/MMI° APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. A resolution awarding a contract to Thomas Associates for three, 3 -day management training workshops for all City employees who have supervisory authority and responsibilities at a cost not to emceed 533,000; Staff recommends approval of the budgeted project. RESOLUTION 140- APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK D. A resolution authorising the payment of 518,865.65 to the Niblock Law firm for services rendered for the month of August, 1990 on the incinerator disengagement, POIA, and Robson lawsuits and approval of a budget adjustment; RESOLUTION/V-9e APPEAR: ON PAGE OP ORDINANCE AND RESOLUTION BOOK Director Marinoni, seconded by Kelley, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 7 to 0. dSeptember 18, 1990 REZONING II Mayor Martin introduced consideration of an ordinance rezoning property as presented in R90-22 located at 1716 W. 6th as requested by Kirk Elsass on behalf of the property owner. The Planning Commission voted 6 to 0 to rezone from R-2, Medium Density Residential to C-2, Thoroughfare Commercial, the portion of the property that lies south of a dividing line that runs directly east from the northern right-of-way line of the existing Kaywood Lane. The ordinance was read for the first time. Director Kelley, seconded by Martin, 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. Upon roll call, the motion passed 7-0. The ordinance was read for the third and final time. Planning Director John Merrell outlined the properties being discussed and added that the Planning Commission desired a Bill of Assurance providing for tree preservation for the properties that would preserve 60% or more of existing trees with an 8" or greater diameter, giving the Staff leeway to amend that by 10% during the construction process. Merrell stated that this was identical for the other three rezonings to be discussed and voted on at this meeting. Kirk Elsass stated that the Bill of Assurance had already been drafted for the property owner. Director Marinoni stated that he noticed that the owners of the propertieswere not listed and asked if the owners' names could be stated. He also asked Elsass if it was agreeable with the property owners that only the front portion of the lots were being re -zoned and not the back portions of the lots. Elsass assured him that it was agreeable with the owners. • • Elsass stated that the property at 17161.W. 6th was owned by Madeline Tribble. He explained that these three lots were owned by the family. Several of the lots had been split among them, some owned by the family and some owned individually. He stated that the family group owned insome way all the portions of property being discussed. Upon roll call, the ordinance passed by.a vote of 7 to 0. ORDINANCE NO. APPEARS ON PAGE3010F ORDINANCE AND RESOLUTION BOOR X?(✓ • 300 September 18, 1990 REZONE II1 Mayor Martin introduced consideration of an ordinance rezoning property as requested in R90-23 located at 1740 W. 6th as requested by Kirk Elsass on behalf of the property owner. The Planning Commission voted 6 to 0 to rezone from R-2, Medium Density Residential to C-2, Thoroughfare Commercial, the portion of the property that lies south of a dividing line that runs directly east from the northern right-of-way line of the existing Kaywood Lane. 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 to 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. Upon roll call, the motion passed 7 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed unanimously. isdJ ORDINANCE N0.-- APPEARS ON PAGE -3930P ORDINANCE AND RESOLUTION BOOK Km/ REZONE IV Mayor Martin introduced consideration of an ordinance rezoning property as requested in R90-24 located at 1800 W. 6th as requested by Kirk Elsass on behalf of the property owner. The Planning Commission voted 6 to 0 to rezone from R-2, Medium Density Residential to C-2, Thoroughfare Commercial,the portion of the property that lies south of a dividing line that runs directly east from the northern right-of-way line of the existing Kaywood Lane. 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 7 to 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. Upon roll call, the motion passed 7 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed unanimously. ORDINANCE NO. APPEARS ON PAGE3s 01 ORDINANCE AND RESOLUTION BOOK X XV September 18, 1990 1,. • 1 REZONE VI Mayor Martin introduced consideration of an ordinance rezoning property as requested in R90-26 located at 609 5. Lewis as requested by Kirk Elsass on behalf of the property owner. The Planning Commission voted 6 to 0 to rezone all of the property from' R-2, Medium Density Residential, to C-2, Thoroughfare Commercial. . 306 301 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 7 to 0. The ordinance was read for the second time. Mayor Martin, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE NO5S10APPEARS ON PAGE3e7OF ORDINANCE AND RESOLUTION BOOK XX ✓ REZONE VII Mayor Martin introduced consideration of an ordinance rezoning property as requested in R90-27 located on the west side of Lewis, north of W. 6th as requested by Kirk Elsass on behalf of the property owner. The Planning Commission voted 6 to 0 to rezone all of the property from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial. 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 to 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. Upon roll call, the motion passed 7 to 0. The ordinance was read for the third and final time. Upon roll call, Sin ORDINANCE NO. the ordinance passed unanimously. APPEARS'ON PAGE3o1OF ORDINANCE AND RESOLUTION BOOK XX✓ EASEMENT CONDEMNATION • Mayor Martin introduced consideration of an ordinance condemning a waterline easement on property located on thesouth side of Stone Street, west of Cross owned by Shk.'Abdulaziz Ben -Ibrahim. • W . 302 September 18, 1990 Staff recommends condemnation of this property because the property owner has not granted the easement. The owner lives in Saudi Arabia and has not responded to the easement request and the easement will be needed for completion of the water line project. The easement is expected to cost less than $1,000.00. The ordinance was read for the first time. Director Lancaster, 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 to 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 to 0. The ordinance was read for the third and final time. John Merrell stated that the easement was extremely necessary and that the situation had not changed regarding the owner's whereabouts. Merrell stated that the owner was represented by local counsel, Mr. Bass Trumbo. Upon roll call, the ordinance was unanimously adopted. 35/) ORDINANCE NO. APPEARS ON PAGES// OP ORDIxNA /CE AND RESOLUTION BOOK QOLT•RCTION AGENCY Mayor Martin introduced a consideration of a request for authorization to cancel the contract with the current collection agency, NW Collection Services. This item was tabled at the August 21, 1990 Board meeting. Staff recommends exercising the option to cancel this contract due to a number of serious difficulties with the existing company. Linebaugh stated that the request for cancellation would not include accounts already set up and placed on a payment schedule by the company. NW Collection Services will be reimbursed for collection expenses incurred while doing public service work. Director Kelley, seconded by Green, made a motion to cancel the contract. Upon roll call, the resolution passed unanimously. RESOLUTION NO. APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK WHEET,FR WATER RATES Mayor Martin introduced for consideration an ordinance setting water rates for the Wheeler Water Association beginning October 1, 1990 and ending on January 1, 1994. 1 •303 r. September 18, 1990 Staff recommends approval of the rates which were developed by Black and Veatch Engineers: • The ordinance was read forthe 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 7 to 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. Upon roll call, the motion passed 7 to 0. The ordinance was read for the third and final time. Linebaugh reminded the Board that the need for the project was due to contaminated wells in the area, and the City agreed to arrange water service to the area. There will be individual meters that will be read. The report by Black and Veatch has been reviewed and presented to the Wheeler Water Association with their acceptance of the proposal. Upon roll call, the ordinance passed unanimously. 3s/9 ORDINANCE NO. APPEARS ON PAGES/5 0P ORDINANCE AND RESOLUTION BOOK BIDDING PROCESS Mayor Martin introduced for consideration a resolution changing the City's policies and procedures to follow the state law for two-step sealed bidding when dealing with highly technical items. Staff recommends the change because this process will allow pre - qualification of firms submitting technical proposals and the elimination of unqualified firms in the first step of the bidding process which will save both the City and bidder time and money. Step two of the process creates the competitive condition. The firms who have submitted qualified bids have an equal opportunity to compete on the basis of price for the City's requirements. Director Marinoni, seconded by Vorsanger, made a motion to approve the resolution. Linebaugh explained that this change will assist in expediting the bidding process and not spend valuable time, as has been done in past proposals. r Director Green asked how qualifications would be decided and who would decide if a firm was qualified to bid. Linebaugh stated that qualifications will be examined, including the firm's ability to handle the goods or service being bid on: by a qualified selection committee. Xx✓ 30=4 September 18, 1990 Upon roll call, tES resolution was unanimously adopted. /11-' ' RESOLUTION MO APPEARS ON PAGE 01 ORDINANCE AND RESOLUTION BOOK STREET CONSTRUCTION Mayor Martin introduced for consideration a resolution approving the construction contract for Armstrong Avenue for street reconstruction to McClinton -Anchor Division of APAC-Arkansas in the amount of $166,325.50 of which approximately 42% will be reimbursed to the City by Arkansas Western Gas Company for a bill of assurance agreement, and approval of a budget adjustment. Staff recommends approval of the contract. Only one bid was submitted, but CEI Engineering Associates, Inc. evaluated the bid to insure the prices were in-line with the present market. Director Lancaster, seconded by Kelley, made a motion to approve the resolution. Upon roll call, the resolution was approved by a vote of 6-0-1, with Martin abstaining. 144-90 RESOLUTION NO. APPEARS ON PAGE 01 ORDINANCE AND RESOLUTION BOOK WALTON ARTS CENTER PARKING -PROPERTY PURCHASE Mayor Martin introduced for consideration a resolution authorizing a contract to purchase two properties located at the southwest corner of Dickson Street and West Avenue which are owned by the Dickson Street Improvement District. Staff recommends approval of the budgeted project at a cost of $58,371 for the parking facilities at the Walton Arts Center. Linebaugh stated this property is owned by the Dickson Street Improvement District and is being sold to the City at the same price DSID paid for the property plus interest and expenses. Bob Reynolds, a business owner on Dickson Street, addressed the Board regarding parking lots that had been promised to the Dickson Street business people. He asked when the lots would be constructed as had been promised by Bob Kelly, the city's former public works director. He stated that their businesses were suffering because the old parking lots have been utilized by the Arts Center project. Mayor Martin asked that City staff get with Mr. Reynolds on the timetable for the construction of the new lots. September 18, 1990 le iv Linebaugh stated the City had made an obligation to build the lots, but one of the current problems is getting everything worked out with the property owners where the new lots are to be built. Director Kelley stated hexfavored moving as fast as possible to get the area cleaned up. - Robert Reus stated that 'Dickson Street needs more parking. He suggested dissolving the Dickson Street Improvement District and forming a new group of only the businesses on Dickson Street. • Al Vick asked if the Board had any plans to take; cstes,bvsEthe transients that live in the warehouse building that will be torn down for the new parking lot. Martin stated there was no plan. Director Vorsanger, seconded by Green, made a motion to adopt the resolution. Upon roll call, the resolution passed unanimously. 015-'9 ° RESOLUTION NO. APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK WALTON ARTS CENTER CHANGE ORDERS Mayor Martin introduced for consideration an ordinance authorizing the City Manager to approve change orders for Phase II construction items for an amount not to exceed $100,000 for each change order consistent with the original document contingent upon the availability of funds. The request is for change orders with Carson & Associates contractors only, and staff recommends this procedure which will facilitate the construction process of the Arts Center. 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 to 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. Upon roll call, the motion passed 7 to 0. The ordinance was read for the third and final time. Linebaugh stated that the purpose for the ordinance was to try to prevent the Board from having to consider all the different change orders that could possibly occur as the construction continued and funding was made available. He stated that there could be as many as 35 to 100 different change orders and pointed out that this could be extremely time consuming for the Board as well as the contractors. 305 { J , 306 September 18, 1990 Linebaugh stated that the Arts Center Council will determine which item is to be considered contingent on funds available at that time and make recommendations to the Board and the University. Bill Mitchell addressed Director Green's concerns regarding a contingency plan should the Arts Council not be able to raise all needed funding. He stated simply that there is no contingency plan except to simply raise the needed funding. Upon roll call, the ordinance was adopted unanimously. Ordinance 3114 APPEARS ON PAGEl/S OP ORDINANCE AND RESOLUTION BOON X X V • OTHER BUSINESS FOIA LAWSUIT Linebaugh stated that the oral arguments for the FOIA lawsuit have been rescheduled to October 15. Linebaugh stated that he was informed that the FGIC and Union National had appealed the class designation from the State Court and this seems to be another delay in the proceedings. City Attorney Rose explained the appeal to the Board. Linebaugh announced that there will be a pre-trial hearing on Monday, September 24. DAN COODY Dan Coody addressed Mayor Martin and stated that he respected the Mayor's respect of the citizens' right to speak at the meetings and thanked him for his service. ADJOURNMENT The meeting was adjourned at 9:37 p.m.