HomeMy WebLinkAbout1990-11-20 Minutes•
MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the -Fayetteville City
held on Tuesday, November 20, 1990 at 7:30
Room of the City administration..Building
Street, Fayetteville, Arkansas.
fo i
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. ,
Board of Directors was
p.m. in the Director's
at 113 West Mountain
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
the meeting on television. 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 thepublic was presented by City Manager Scott
Linebaugh. The report is presented at the second Board meeting of
each month. The report for the month of October included financial
information, an update of staff activities and items of general
interest.
FINANCIAL INFORMATION
Linebaugh stated that the balance sheet at the end October listed
assets of $181.7 million and liabilities of $47.2 million and a
fund balance of $134.5 million. For the period ending October 31,
1990, total operating and non-operating revenues were $33.6
million. Total operating and non-operating expenditures were $52.8
million. He explained the reason for the difference in revenue
versus expenditures was the paying off of the sewer sales tax bonds
in the amount of $16.2 million and contractual services toward
capital projects in the amount of $5.3 million.
FIRE DEPARTMENT
Linebaugh stated that the Fire Prevention Bureau spent
approximately 130 man hours on the Highland Street gas problem in
35"
November 20, 1990
October in conjunction with the Department of Pollution Control and
Ecology investigating and assisting in clean up, providing data and
resources to try and make the investigation go smoother.
The training division completed the annual high-rise drills, hosted
the officer training course conducted by the Arkansas Fire Training
Academy and began an introductory training program for new
firefighters. Also, a special class for fire personnel was
conducted by a safety officer from a local hazardous materials
handler and processor. The Fire Department also conducted their
annual service tests of frontline fire apparatus, with two fire
trucks failing the tests. Plans are being made to take the trucks
in for tune-ups and pump checks. Linebaugh emphasized that just
because the trucks failed the tests did not mean they did not work
at all but meant that they were not able to pump at the recommended
pressure like a newer truck would.
POLICE DEPARTMENT
Linebaugh stated there was a total of 1,811 training hours for the
month of October. Training included handgun retention, management
training, basic law enforcement training, International Association
of Chiefs of Police training, Arkansas Area Council on Aging
training and several other training sessions.
COMMUNITY DEVELOPMENT
Linebaugh stated that there have been six meetings of the Herbicide
Task Force, with one held this evening. The city divisions using
herbicides in their programs did provide detailed reports to the
committees to show what was being used, how it was being used
presently and when it was used. The Task force has examined
several issues, as well as current research available on the
subject and are expected to draft a policy, then conduct a public
meeting to allow input from the citizens. After the meeting, a
proposed policy will be given to the City Manager's office.
ADMINISTRATIVE SERVICES
Linebaugh stated that a new policy on Administrative spending
restrictions had been in effect since the early quarter of this
year. All divisions were instructed to reduce spending to try and
alleviate foreseeable problems with the General Fund. Linebaugh
stated that the reduction effort has resulted in approximately
$162,000 worth of savings in 1990-1991. He stated that the
reductions, along with careful scrutiny of all purchases had
curtailed the expenditures sufficiently to allow continued
operations at the current level for 1991. He stated that it was
estimated that approximately $285,000 was saved through restrictive
spending and cutbacks.
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1November.20, 1990
Linebaugh stated as of January 1,..:1991., Judge Charles Williams will
take 'office as Circuit Chancery Judge of Washington County and
Governor Clinton will appoint someone to fill the Judge's position
and will take office on January 1 , 1991, but since there is more
than six months remainingt:on; Judge Williams' term, a special
election will be required._,
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Linebaugh stated that several= Directors and staff members had
recently returned from an Arkansas, Municipal League Meeting.
Fayetteville received favorable comments on the agenda and the way
it is handled in City Board Meetings. Linebaugh and Director
Vorsanger accepted an award for Volunteer.Community of the Year for
1990 on behalf of the citizens of Fayetteville and stated that it
was a great honor for the City. 4
Don Bunn, City Engineer, gave a presentation regarding major water
projects. He stated that the budget contained funds for three
types of water line projects and reviewed each type. First was
projects related to the water systems study done by McGoodwin,
Williams & Yates in 1989. This included the 36" water line. He
stated that recommendations were expected by mid-December and
engineering work should begin early 1991, with completion of the
project by year end 1992. Cost was estimated at approximately $12
million.
Waterline replacements or improvements were also recommended by the
study. These consists of about six waterlines around town with the
purpose being to improve system flows such as relating to fire
flows within the system. Approximately $440,000 will be the cost
of the project, with bids expected for December and completion in
1991.
The study also recommended an improvement to the Mt.
Sequoyah/Highland Park high pressure system. Improvements include
renovation of two pump stations and the addition of elevated
storage for the system. Engineering is being done by McClelland
Engineering and they are probably mid -way in the process atthis
time. Bunn stated that some of the residents of Highland Park had
definite comments regarding the presence and location of the tank
for the system. Possible alternatives for storage are being
considered at present, and a report is expected for the first part
of December.
Bunn stated that the second type of project was waterline
replacements around the City and work on three different contracts
has been done and are approximately 85-90% complete at this time.
Cost of the projects is in access of $900,000 and this includes
replacement of 33,000 feet of line.
Two other projects included tank painting and the water system
telemetry, which is approximately 90% finished. The telemetry
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November 20, 1990
system involves collection of data from the water tanks and water
booster stations in the city. Bunn explained that this is also
tied in with the sewer pump station monitoring.
Bunn stated the total value of projects began this year is $15
million.
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 he Consent Agenda. The Mayor read the items contained in the
Consent Agenda as follows:
1. Minutes of the November 6, 1990 regular Board meeting;
2. A resolution approving the payment of $35,138.18 to the
McDermott, will & Emery law firm for services rendered on
the incinerator disengagement, Freedom of Information Act,
and Barnhart (formerly Robson) lawsuits, and approval of
a budget adjustment;
RESOLUTION 183-90 APPEARS ON PAGE OF ORDINANCE AND
RESOLUTION BOOK
3. A resolution awarding Bid 90-66 to Diversified Recreation
of Little Rock for the purchase of playground equipment
in the amount of $12,152.05 for Asbell Park;
Staff recommends awarding the bid for the equipment which
is to be purchased from Greenspace funds.
RESOLUTION 184-90 APPEARS ON PAGE OF ORDINANCE AND
RESOLUTION BOOK
4. A resolution approving Amendment 41 to the Tolling
Agreement with Rutak, Rock & Campbell;
Staff recommends Board ratification of this amendment.
RESOLUTION 185-90 APPEARS ON PAGE OF ORDINANCE AND
RESOLUTION BOOK
Director Green requested that the minutes be pulled from the
Consent Agenda and be considered separately.
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November:20, 1990
Director Kelley, seconded by Marinoni, made a motion to approve the
Consent Agenda. Upon roll call, the motion passed unanimously.
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Director Green commented,that paraphrasing of the minutes of the
Board meetings sometimes did not -adequately indicate the mood of
the Directors or their positions •atitime. He stated that since
the minutes are the official record of the meetings, more attention
of what is paraphrased should be emphasized.
Mayor Martin asked if Green wished to postpone consideration of
that particular item due to lack of' information concerning
discussion of that item, .and Green stated,that he felt nothing was
omitted that was extremely"important or to the point. With that
he made a motion, seconded by Kelley, that the minutes be approved.
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Robert Brandon, resident..of Fayetteville- addressed the Board
concerning the detailed billing from McDermott, Will & Emery. City
Staff was instructed to provide Brandon with a copy of the detailed
listing of services provided to the City with explanations.
Upon roll call, the motion to approve the minutes were unanimously
adopted.
CDBG BUDGET PUBLIC HEARING
Mayor Martin explained that the Board of Directors held the first
public hearing on the 1991 CDBG at the last meeting, November 6,
1990. Mayor Martin stated that requests from various groups were
made for funding and he asked Linebaugh if members of the audience
had any type of summary of all requests made at the last meeting.
Linebaugh stated they did and Mayor Martin explained that he would
beparaphrasingthe different areas and requests.
Mayor Martin stated that proposed project funding was as follows:
1991 Grant Funding
Funds from past projects
Total Anticipated Funding
$400,000
255,700
$655,700
Projects, Costs and Recommendations were as follows:
Residential Rehabilitation
Public Improvements(target area)
Fayetteville Taxi Program
Parks & Recreation
EOA Weatherization
Acquisition
REQUESTS
$168,000
250,000
10,000
25,000
10,000
35,000
STAFF
RECOMMENDATIONS
$168,000
250,000
10,000
25,000
10,000
35,000
3 5' s'. t'.
November 20, 1990
Disposition
Clearance
Target Area Design Standards
Public Improvements/
Barton & Walker Streets
Administrative & Indirect Costs
Public Services*
Youth Bridge, Inc.
NWA Health Clinic
"You Can" Program
Sang Ave. Senior Center
TOTALS
5,000
10,000
7,500
100,000
75,200
30,000
30,000
41,990
3.750
$801,440
5,000
10,000
7,500
0
75,200
30,000
26,250
0
3.750
$655,700
*Total expenditures for Public Services subject to statutory 15%
cap or $60,000.
Mayor Martin opened the public hearing for additional requests.
Kathleen Randall, representing the Economic Opportunity Agency of
Washington County, addressed the Board regarding the staff position
for the "You Can" Program. Randall stated that she rewrote the
proposal, eliminating the staff position and requesting scholarship
funding only.
Randall explained that the proposal involved a "mentoring" idea to
be used in conjunction with the scholarship funding. She explained
that the mentoring project would involve community volunteers to
work with the students and take the place of an additional full-
time paid staff person. She also stated that her original request
for funding had been amended to the amount of $16,350.00.
Mayor Martin declared the public hearing closed after allowing
sufficient time for additional discussion or requests.
Vorsanger, seconded by Kelley, made a motion to accept Staff's
recommendations with the understanding of discussion of possible
amendments to the budget in the meeting.
Director Vorsanger expressed concern over the original amount of
funding requested for the "You Can" program's administrative costs.
He went on to say that in light of Ms. Randall's presentation, he
now did recommend approval of the project.
Director Vorsanger made a motion to approve funding of the "You
Can" project in the amount of $16,350 and reducing funding of the
NWA Health Clinic to $9,900. Director Green seconded the motion.
Director Marinoni questioned other fund sources for the program.
Jan Simco, Community Development Director, stated that some funding
35'rz
November 20, 1990
did come through the Housing Bond turnback in years past but that
is considered in the overall budget.' Linebaugh stated that Staff
has recommended in the 1991 budget not to recommend funding since
the Housing Bond funds are almost entirely -gone.
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Director Spivey wished to state.for the record that he is currently
on the Board at Youth ?Bridge and stated that he felt there was no
conflict of interests at this point." He stated that he would be
participating in the voting.
Director Kelley expressed concern over the amounts of funding and
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discussion was held about' the possibility of splitting funds
between the two programs.. Simco.stated that it would be feasible
to shorten the period of time funding began to coincide with the
fiscal year. ,,,,
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Director Vorsanger stated that he was in favor of the NWA Health
Clinic but understood ,that their clientele was expanding to
citizens outside of Fayetteville, while the "You Can" program was
exclusively designed for scholarships,for Fayetteville students,
particularly single parents.
Mayor Martin referred to the testimonials given at the last Board
meeting in support of the "You Can" program and stated that he did
not personally support funding from the CDBG and believes there
were alternative funds for scholarships.
Upon roll call, the amendment was adopted by a vote of 5 to 2, with
Directors Spivey and Martin voting in the minority.
Mayor Martin then presented the CDBG budget, with amendment, to the
Board for a vote. Upon roll call, the amended budget was adopted
by a vote of 7 to O.
WHOLESALE WATER RATES
Mayor Martin introduced consideration of an ordinance approving the
water rates for wholesale customers .for a five year period,
retroactive back to August 1, 1990 and ending January 1, 1994.
The Board of DirectorS tabled the issue and left the ordinance on
its third reading at their November 6 meeting in order to allow
Staff and the wholesale water customers, which include the City of
Elkins, the City of West Fork, Mt. Olive, and the Rural Development
Authority (RDA) of Washington County, to negotiate the rate
increase. The Board has requested that briefs be submitted from
both. City Staff and the wholesale groups. This information was be
.available by the November 20 Board. Meeting.
358
November 20, 1990
Director Marinoni, seconded by Vorsanger, made a motion to remove
the ordinance from the table. Upon roll call, the motion passed
unanimously.
Mayor Martin stated that the impact of the proposed rates as
compared to what the wholesale water users feel they should be was
determined by the differential rate of return. Martin stated that
the differential rate of return originates from the question of who
funded the existing water system and that this was largely the
reason for the difference in the differential rate.
Martin stated that it was explained in the last meeting and in the
briefs presented that the current rates had a 6% rate of return
built in. He questioned Kevin Crosson if that was a differential
rate of return and Crosson stated that it was. Martin stated that
discussion was to increase the differential rate of return from 6%
to 9.8%. He acknowledged that the city's citizens are the rightful
owners of the sales tax proceeds but also recognized the arguments
presented by the wholesale water users that the City of
Fayetteville was the beneficiary of their purchases and economic
activities on a daily basis. Martin questioned if the proposed
increase was just too large a raise, based on the impact of the
customers.
Kevin Crosson explained that the exact proposed rate of return was
8.8% with a 1% risk factor built into it. He stated that the
revised compromised proposal was to eliminate the 1% risk factor
in return for a long-term three year -plus service contract with
the wholesale customers, resulting in an 8.8% rate of return. He
responded to reducing the rate further by saying that the City's
investment in the plant was an important consideration and the rate
of return was justifiable.
Mayor Martin explained that he understood the methodology in the
development of the proposed rates and what had been done this far
was fair in principle but the substantial customer impact of almost
50% remains for the cost of service. Martin suggested attempting
to reduce impact by "splitting the difference".
Crosson stated that, to be fair to all outside customers, the city
would also be required to pass on the opportunity to Farmington,
Greenland and the growth area. Linebaugh stated that to split the
difference and spread it out across a five-year period, it would
mean a difference of approximately $208,000 per year.
Linebaugh stated that the prepared brief Option One demonstrated
the lowest rate that could be dropped to without causing a rate
increase for the citizens of Fayetteville, including reducing the
1% risk factor and the maximum daily demand factor for the
wholesale class, which means a loss of approximately $60,000 from
the recommended proposal of Black & Veatch. This would drop the
November 20, 1990:'
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rate of return down to 6% (Option Two), a $208,000 drop in revenue
per year. This would require an .inside city rate raise of 4%.
Linebaugh explained to "cut that. in half_' would mean a raise of 2%.
Mayor Martin made a motion to amend the ordinance to include the
provisions of Option One.- The motion failed for lack of a second.
Linebaugh explained that Option One• is included in the Staff's
compromised proposal and would not require a rate increase to the
citizens of Fayetteville.
Director Vorsanger asked,Staff to explain why citizen's water bills
would be required to increase by $208,,000. to cover the loss of
revenue.
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Crosson explained that Staff's recommendation was, should the Board
choose to lower the rate of return to 6%, that the same rate would
be applied to all outside customers,. which would mean a
.corresponding reduction outside rates. He explained that
the revenue would be made.up by increasing the inside rates. The
total revenue stream is composed of all rate -paying customers, both
inside ratepayers and outside ratepayers and Crosson explained that
the lost revenue would -have to be made up somewhere, thus the
increase for city residents. Conversely, if rates were increased
to. 10% for outside customers, rates could be lowered for inside
customers.
Crosson explained that the eliminated 1% risk factor would be only
for the wholesale customer, not including Greenland, Farmington or
the growth area. He again stated that in lowering the rate of
return from 8.8% to whatever was agreed upon, Staff would recommend
application to all outside customers. He emphasized that it would
be subject to the Board's decision to do differently.
Director Green questioned what percentage of interest rate would
be paid for making the capital investment versus the rate of
return.
Linebaugh explained that the rate of return involved taking the
transmission facilities provided by the City for the outside
customer and receiving a capital return, and he stated that it
really has nothing to do with an interest rate. He explained that
the consultant calculates what the rate of return should be off of
the plan and does not try to realize any interest for that period
of time.
Director Vorsanger asked what portion of the 36" line would be
attributable to the outside water users. He stated that a memo by
staff stated that "the wholesale water users are responsible for
approximately 9% of the water demand, on both average and maximum
daily basis." If the capital cost of the proposed 36" water line
359
:3GO
November 20, 1990
is pro -rated to the wholesale users based on the
share of the cost would be $12,300,000.00 X 9%
He asked if south Washington County could pay
would that affect their water rates.
9% figures, their
or $1,107,000.00.
that amount, how
Linebaugh stated that it would substantially reduce them and
essentially the largest part of the rate of return.
Vorsanger stated that he felt this was asking the ratepayers in
that area to pay off heavily, considering they had already invested
approximately $4.5 million in running lines.
Linebaugh stated that there were several other things that entered
into consideration other than just the 36" line, but for the most
part, Vorsanger would be correct.
Director Marinoni stated that they were overlooking the fact that
the outside users were not being given credit for coming to
Fayetteville to spend their money and contributing to the 1 cent
sales tax. He stated that the citizens of Fayetteville were paying
for the other 91% of the line, including other things like schools,
etc., with the 1 cent sales tax. He stated that he felt they were
paying twice if they chose to come to Fayetteville and spend their
money. Marinoni proposed amending the ordinance to reduce the
differential rate of return to 8% to give the outside wholesale
users "up front" consideration for their contributions to the sales
tax for the City of Fayetteville. He put this into the form of a
motion with Martin seconding.
Crosson stated that the other customers in the outside area were
paying O&M (operations and maintenance) their share of
administration costs mentioned before. He stated that they are
also sales tax payers and should receive some type of consideration
or credit as the wholesale users.
Director Marinoni was asked to clarify his amendment. He stated
the reduction would only affect wholesale water users outside the
City and not retail users. Mayor Martin withdrew his second of the
motion.
Crosson stated that the 36" line was only one element in the
transmission system and total plant allocation that was being
charged (8.8% or 9.8% rate of return). He stated that the
transmission system covers all lines over 12".
Director Marinoni's motion failed for lack of a second.
Director Lancaster stated that he was in favor of the water project
and the outside users but he could not support a program that would
require a rate increase to fund it. He stated he could support
something for cost of service only, with no profits. He also
fat1
4 'November 20, 1990, _
stated that the sales tax' for the City of Fayetteville was voted
on by the citizens of Fayetteville.and that Farmington, Elkins and
West Fork could all vote for a sales tax if they so desired.
Director Green voiced similar concerns to those of Lancaster. He
stated that he wanted assurance.that the ratepayers. of Fayetteville
were•not subsidizing or being subsidized.,,.
Green stated that rates should have good reasonable basis and be
supported by sound engineering studies and principles. He stated
that no one on the Board was qualified to do a rate study and
establish what rates of return were and some professional input was
critical and important.' Green stated that Black & Veatch, a
reputable company, was paid for this purpose and, unless there was
a particular reason for deviating from:the rate consultant's study,
he felt the recommendation+for.Option One should be agreed upon.
Mayor Martin made a motion to amend the differential rate of return
for all outside users (wholesale and others) to 8%, as opposed to
8.8%. The motion was seconded by Marinoni.
Martin explained that dropping the .8% will, reduce customer impact,
an established rate -making principles by recognizing those
particular customers of.the city bear 'a special relationship as
opposed to other customers.} z ,
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Rich Haberman, resident of the growth area, questioned if Wedington
Road out to Double Springs Road is considered inside city limits.
It was answered yes. He stated he lived five miles inside that
area (.2 mile outside the city limits) and paid $400 to connect to
city water. He suggested that the cost for his connection to city
water might be arbitrary since someone five miles further out would
not pay that amount.
Tom Stock, an attorney representing the Rural Development
Association, referred to Director Green's comments regarding a
defensible alternative. He stated that when the RDA was first
given the water rates, they reviewed the charges given various
users. Stock stated that, based on the block rate and the
knowledge that the cities of Farmington and Greenland were retail
users, the RDA rates were higher. Jeff Hoppy, a rate specialist
who assisted the RDA in their study, reduced the schedule to an
average of 4.1 million gallons per month, based on the Black &
Veatch study. Stock explained that they could not pay Hoppy to
completely rework the whole study so his primary concern was with
allocations.
Jeff Hoppy, a resident of Oklahoma City, addressed the Board
regarding several studies made by himself, as well as a hand-out
given to the Directors.
November 20, 1990
Hoppy explained that, after reviewing the study by Black & Veatch,
he found three key areas that required additional review. The
first area was the peak day allocation and the capacity values.
He recommended lowering the capacity factor from 2.5 to 1.9. Mr.
Bickel reviewed the information for the City and recommended that
the value be lowered to 2.35. This is included in Proposal #1.
He stated that there are no meters in the City to provide
information as to how much water was used on the peak day so these
are purely judgment calls.
Hoppy stated the second area he reviewed was the plat allocation.
He stated that he noticed the wholesale customers had been combined
with the growth area customers and explained that it caused a
discrepancy in the rates being charged. He recommended that the
growth area customers' distribution mains be allocated at the same
cost level per customer as users inside the city limits.
The third area reviewed was the rate of return. Hoppy stated that
he asked the advice of head of the economics department at the
University of Oklahoma. He stated that the differential between
-2.5% and 8.8% was unfair and advised that the rate of return
should be developed assuming a 8.8% cost of debt and a 0% cost of
equity. With some calculation, he arrived at a result of 5.3% rate
of return and recommended it to the Board.
Harley Brigham, resident of Foxhunter Road, addressed the Board
concerning the "human factor" involved in the water rate issue and
asked that the Board give the people a break on the increase.
Jerry Paschal addressed the Board concerning sharing the costs to
bring the rate of return for water rates down.
Upon roll call, the amendment failed by a vote of 2 to 5, with
Directors Kelley, Spivey, Vorsagner, Green and Lancaster voting no.
Mayor Martin asked for a vote on the ordinance on its third reading
to adopt the wholesale water rates Option One as per staff.
Upon roll call, the ordinance passed by a vote of 5 to 2, with
Directors Marinoni and Martin voting in the minority.
ORDINANCE 3519 APPEARS ON PAGEV S OP ORDINANCE MW RESOLUTION BOOK
ALDERSON REZONE
Mayor Martin introduced consideration of an ordinance rezoning
property as requested by Cecil Alderson located at 4458 E.
Huntsville from A-1, Agricultural to C-1, Neighborhood Commercial.
November 20, 1990'
Staff recommends rezoning the property.- The Planning Commission
voted unanimously to recommend rezoning, and there was no
neighborhood opposition.
The ordinance was read for the first time: Marinoni, seconded by
Vorsanger, 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.
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 unanimously. .The ordinance was read
for the third and final time. Upon roll call, the ordinance passed
by a vote of 7 to O.
ORDINANCE 3520 APPEARS ON PAGES?? OF ORDINANCE AND RESOLUTION BOOK X X ✓
HUNTINGDON DRAINAGE
F.
Mayor Martin introduced consideration of a resolution approving the
- construction contract for Phase I of the drainage improvements
project to the low bidder, McClinton -Anchor, at a price of
$86,210.01 with a $12,000.00 contingency for utility relocations
and approval of a budget .adjustment for $14,500.
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Staff recommends awarding,this contract which is for underground
drains, an above ground drainage ditch; related catch basins,
street repairs and other miscellaneous work that will relieve the
drainage problems in the Huntingdon area.t .L
Kelley, seconded by Lancaster, made a motion to approve the
resolution.
Linebaugh explained that the development's drainage had not turned
out as expected and plans were made to take care of the problem as
quickly as possible. He stated that action against the developer
or contractor would be taken at a later date.
Linebaugh stated that the problem was due to improper work done in
the past, with developers going bankrupt and so forth.
Director Green asked if action could be taken in the future to
prevent this problem from arising again. Linebaugh stated that all
safeguards were used on this particular case and the problem still
occurred.
Upon roll call, the resolution passed by a vote of 7 to 0.
•RESOLUTION NO. 186-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
3f''
November 20, 1990
DPC&E LANDFILL
Mayor Martin introduced consideration of a resolution approving the
agreement with the DPC&E to contribute $15,000.00 for the cleanup
of the Northwest Landfill, and approval of a budget adjustment.
Staff recommends approval of this agreement. The funding will be
taken from Unreserved Fund Balance. This agreement does not
relieve the City from any future liability that may result from
the landfill situation.
Vorsanger, seconded by Kelley, made a motion to approve the
resolution.
Linebaugh explained the cleanup in detail to the Board. He also
stated that due to the urgency of the matter, DPC&E hired an
outside contractor and the City would pay a share of the total cost
incurred in the project.
Director Kelley asked if there were any others assisting in paying
the cost of the clean up. Linebaugh answered that the state was
paying the remainder of the bill, and at this point, there was no
community involvement.
Upon roll call, the resolution was adopted by a vote of 7 to 0.
RESOLUTION NO. 187-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
BUDGET ADJUSTMENT POLICY
Mayor Martin introduced consideration of a resolution approving an
amendment to the City's Budget Adjustment Policy.
Staff recommends the changes which are in line with the City's
movement toward a program/performance budget system. The new
policy will require budget adjustments only when the cost of
service exceeds the budgeted amount by category of service rather
than by line item.
Kelley, seconded by Marinoni, made a motion to approve the
resolution to amend.
Director Green expressed concern about keeping track of the
activity and trends. He asked if it would be possible to have a
tally sheet possibly in the City Manager's monthly report showing
where the activity was taking place, what accounts had been debited
or credited and so forth, for the information of the Board.
Director Lancaster questioned the possibility of appropriating
funds to purposes other than what they would be intended in this
new system. Linebaugh stated on capital items, an increase
November 20, 1990*
exceeding $10,000 would have to come back the Board for approval.
He explained that most adjustments would -be on maintenance or
service -type items. i
Upon roll call, the motionto approve the amendment passed by a
vote of 7 to 0. -
RESOLUTION NO. 188-90 .APPEARS ON PAGE OF ORDINANCE' AND
RESOLUTION BOOK
. s
AU INDUSTRIES, INC. ,P
•
4
•
Mayor Martin introduced.consideration.of a resolution awarding Bid
90-55 to the low bidder,- Buildings, Inc:, for $74,485.00 for
improvements to the •AU Industries, Inc. (formerly Abilities
Unlimited, Inc.). ' '�
Staff recommends awarding this bid which will be funded from the
1990 Community Development. Block Grant budget.
+
Green, seconded by Kelley, made a motion'to.adopt the resolution.
Upon roll call, the motion -passed •bya vote of 7 to 0.'
RESOLUTION NO. 189-90 LAPPEARS ON PAGE OF ORDINANCE AND
RESOLUTION BOOK
OTHER BUSINESS
°BOARD RETREAT
Linebaugh stated that the Board retreat planned for December 1 will
not allow several of the new Board members to attend. A new date
of December 15 will tentatively be set but he stated a more formal
announcement.of the exact date would be given later..
SIERRA CLUB
Rob Leflar, representing. the Ozark Headwaters Group of the Sierra
Club, addressed the Board regarding the subject of waste
management. He called attention to copies of several internal
memorandaconcerningcharges by Mr. Hal Morton of lack of concern
about the city's waste management issue.
Leflar stated that whether the allegations are right or wrong, the
issue deserved attention. He stated that the recycling program
shouldmove forward immediately with more Board of Director
involvement and a set timetable concerning specific goals of waste
management and reduction put into effect and made public. Leflar
suggested the timetable address the following questions:
3136
November 20, 1990
When will someone be in place to serve as directly in charge and
responsible for solid waste management?
When will a recommendation be given for changing the rate
structures to include recycling incentives for residential and
commercial users and will it be by volume?
When will the proposed transfer station site be purchased, designed
and constructed. When is "start-up" anticipated?
Will the recycling staff be reorganized and decreased? Who will
be responsible for working with the public and commercial sector
in working to increase the level of recycling and composting to
achieve the goals of waste reduction?
WEST BY-PASS PROPERTY
Director Lancaster asked Planning Management Director John Merrill
about action taken on zoning property west of the by-pass in the
Planning Commission Meeting.
Merrell stated that the Planning Commission voted unanimously to
recommend to the Board that the property be returned to an R-2
zoning. He stated the recommendation would be brought to the Board
for the December 18 meeting.
PLUMBING CODE
Reed Welker, resident of Fayetteville, addressed the Board
concerning the current section of City Plumbing Code requiring
piping under concrete be strictly cast iron. He stated that other
materials such as PVC pipe would be more cost effective, and if
that section of the code were repealed, it would not require those
materials to be used but allow it. He explained that he was in the
process of constructing a new home and asked for a passage on the
issue tonight, if possible.
John Merrell stated that the Inspection Division had been
researching the issue for the last several months and it was felt
that there were many cases where using the alternative PVC pipe was
justified.
Merrell stated that Staff would possibly have recommendations and
an amendment for the Board at the December 18 meeting.
It was stated that, without some review and time for deliberation,
the code could not be repealed or revised at the present meeting.
ADJOURNMENT
The meeting was adjourned at 9:55 p.m.