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HomeMy WebLinkAbout1990-12-04 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the;Fayetteville City Board of Directors was held on Tuesday, December 4, 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, 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. ABSENT: Director Russ Kelley 41 CALL TO ORDER The meeting was called to order present. The Mayor asked those Pledge of Allegiance and then respectful silence be observed. L by the Mayor with six Directors present to stand and recite the asked .that a brief moment of The Mayor welcomed those present in the audience, as well as those watching by 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 as non -repetitive as possible and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion or contracts or leases which can be approved by resolution and which may be grouped together and approved simultaneously under a "Consent Agenda". The 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 November 20, 1990 regular Board meeting; B. A resolution authorising the donation of 29 mobile radio units, 17 portable units, and 22 scanners to the Washington County Fire Association, 1 mobile radio unit and 1 portable unit to the Western Washington County ENB, 13 mobile units to the Forum/Alabam Volunteer Fire Association; 3€ r December 4, 1990 If not donated, this equipment will be sold at the City's auction, but Staff recommends donating this equipment which is valued at less than $500. RESOLUTI0N 190-90 RPPIARS 01 P1101 OF ORDIfl1C1 AND RESOLUTION 8001 C. >1 resolution approving a change order to the Davidson Street project im the amount of $16,174.74 with Payette Tree i Trench to cover oost overruns oa the project: Staff recommends approval of this adjustment which still keeps the total cost of the project below the budgeted amount. RESOLUTION 191-90 APPEARS 01 PA01 OP ORDINAMC1 AND RESOLUTION BOOR Director Marinoni, seconded by Vorsanger, made a motion to approve the Consent Agenda. Upon roll call, the motion passed unanimously. PROPERTY CLPAN JP I Mayor Martin introduced consideration of an ordinance ordering the abatement of unsightly conditions and the rasing and removal of an unsafe structure located at 513 South Lytton. The Board of Directors left this ordinance on its second reading at the September 5, 1989 meeting to allow the owner time to clean up the property. No improvements have been made to this property. Staff requests that the ordinance be adopted ordering the raring and removal of this structure. City Attorney Jerry Rose read the ordinance for the third and final time. Linebaugh stated that there were several slides of the property to be shown for public information. Freeman Wood, Inspection Superintendent for the City of Fayetteville, presented them at this time. It was asked if there had been any word from the owners as to their intentions for the property. Mr. Wood stated that a permit had been issued in 1989 for repair work to be done. Upon visiting the site, it was noted by the Inspection Department that footing was being excavated improperly, and at that time, they did tag the work with a notice for the owners to contact the department for proper excavation procedures and regulations. Wood stated no contact was ever made by the owners until the Board meeting in September, at which time Mrs. Johnson's nephew addressed the Board requesting more time to renovate the property to be able to sell it. Since 1 December 4, 1990 • that time, there had been some concrete blocks put down to shore up the dilapidated structure, but the permit has expired (it was only_ in effect for nine months) =and nothing else has been done on the property. Upon roll call, the ordinance was unanimously adopted. ORDINANCE 3521 APPEARS. ON PAGErl'407 ORDINANCE AND RESOLUTION BOOK XX ✓ PROPERTY CT•FAN UP II k S Mayor Martin introduced consideration of.an ordinance ordering the abatement of unsightly conditions andlthe razing and removal of an unsafe structure located at 1723-1725 West Mitchell. This ordinance has been" before the Board on -several previous occasions, but at the request of the property owner and assurances that the property would be cleaned up, the razing and removal was not ordered. However, as of November 5, 1990, the building remains and no progress has been made by the owner to correct the code violations. Staff requests that the ordinance be adopted ordering the razing and removal of this structure. " City Attorney Rose read the ordinancefor the first time. Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Marinoni, seconded by Lancaster, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the third and final time. Linebaugh stated that the building had been partially demolished, but Staff was recommending approving this ordinance. He explained that would give the property owners thirty days to commence the remaining demolition and clean up and if this was not done at the end of the thirty days time, the City would move forward for a clean up on the property. Upon roll call, the ordinance was adopted by a vote of 6 to 0. ORDINANCE 3522 APPEARS ON PAGE33/ OP ORDINANCE AND RESOLUTION BOOK )0( 1/ PROPERTY CLEAN UP III Linebaugh requested that this item be removed from the Agenda, as the property has just recently been sold. He explained that the entire process would have to begin again. There being no objection to removing the item, it was stricken from the agenda to. be considered at a future meeting. 3' 0. December 4, 1990 GREEN SPACE ORDLNANC= Mayor Martin introduced consideration of an ordinance amending the Green Space Ordinance to set forth a three year time span for expenditures of Green Space Funds. Currently, the Green Space Ordinance states that all Green Space Funds gust be expended by December 31, 1990, and it does not specify any time span beyond that date. Staff recommends this proposed amendment which would require that all Green Space Funds be expended within three years of the year the funds were collected and eliminate the need to periodically amend the ordinance. City Attorney Rose read the ordinance for the first time. Marinoni, seconded by Lancaster, made a notion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Marinoni, seconded by Lancaster, made a notion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the third and final time. Linabaugh explained that the Green Space Ordinance requires the developers to dedicate land for park facilities, or they pay an equivalent amount of cash. Hs stated that a court ruling required the Ordinance to read that all funds had to be expended by December 31, 1990. Linsbaugh explained that the proposed amendment is consistent with the court ruling and will allow the City three years to expend funds that have been collected. Since 1981, developers have dedicated land in the Walnut Grove addition for Davis Park, and they have paid $153,000 in lieu of land dedication to be used by Parks and Recreation, of which $68,800 of those funds have already been expanded. Director Vorsanger asked if the funds collected from any particular project have to be spent in that project area. Linabaugh stated that the City is separated into four different areas, and the funds do have to be spent in the quadrant in which they were collected. Vorsanger also asked for an explanation of the listing of funds in the Agenda request (page 501). He asked if the budgeted amount of $118,136.00 was to be spent by December 31, 1990. The funds used to date ware $51,892.00. He asked if the remaining balance of $66,243.78 was to be spent by December 31, 1990 or was that was the amount being requested to be spread out over a throe year period. Linabaugh stated that the $66,243.78 will still have to be spent by December 31, 1990, but all funds that are collected from this point on will have a three year time period to be spent. Vorsanger asked if the remaining funds for this year could be spent in twenty-six days. December 4, 1990 .• t•p: 3t'V ' • Linebaugh stated that several items had already been requested and several more would be coming through on the next Board'Agenda, and he felt confident that the remaining funds would be used. Director Lancaster questioned that ifAthe money has to be paid out by December 31, 1990. Attorney Rose stated that the ordinance stated that the funds must be spent as opposed to being appropriated or allocated.''•• I r Mayor' Martin pointed out that the funds left to be spent will not be paid out in a hurried fashion;without thought, but are already apportioned into several different planned Green Space Projects as listed in the Agenda on page 509. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3623 APPEARS ON PAGE,05 01 TEE ORDINANCE AND RESOLUTION BOOK X X V s SUNRAY _LANDFILL AGREEMENT Mayor Martin introduced consideration of a resolution approving the service agreement with Sunray Services, Inc., on a month-to-month basis, and approval of a budget adjustment for the amount of $80,000. Staff recommends approving this agreement which will reduce the current gate rates from $4.15 to $3.15 per non -compacted cubic yard and from $4.30 to $3.80 per compacted cubic yard. Lancaster, seconded by Green, made a motion to approve the resolution. Linebaugh explained that the reason the fees in the contract are being reduced instead of increased is because the City has become a reliable customer for Sunray Services, Inc., and they are willing to approve a reduction in fees. Linebaugh assured everyone that the agreement with Sunray did in no way change the City's status with the company, and they will still be on contract by a month-to- month basis with the contract being renewed once every year. Director Green expressed appreciation to Sunray Services for the fee reduction, since it was strictly voluntary. Upon roll call, the resolution was adopted unanimously. RESOLUTION 192-90 APPEARS ON PAGE OF TEE ORDINANCE AND RESOLUTION BOOK Mayor Martin asked Linebaugh to explain the City's position on a hearing for a proposed landfill. December 4, 1990 Linebaugh stated there vas hearing this evening at 7:00 p.a. at Elkins High School concerning Sunray's proposed Durham site. He stated the City of Fayetteville was being represented by several staff people. Linebaugh explained that there was not enough information on the landfill site at this time for the City to adopt a position of support for the project. He stated that if after study and evaluation the site shows great promise, everyone should be encouraged to support it. He stated that if the site did not prove to be acceptable, Fayetteville would most likely see tremendous costs involved with shipping waste to Little Rock or into Oklahoma which would wean at least doubling the currant sanitation bill. CIVIL SERVICE PERSONNEL POLICY Mayor Martin introduced consideration of a resolution adopting the Personnel Policy for the Civil Service employees with a retroactive effective date of February 20, 1990 to be* consistent with the General Employees' Policy. Staff recommends adoption of this personnel policy which is the companion to the General Employee's Personnel Policy that was adopted earlier this year. Linebaugh stated that this amendment would permit a divorced parent to use sick leave to attend to a sick child that was not in their care. Hs stated that surveys show it was somewhat more lenient than other employers but felt it was worthwhile to undertake. Linebaugh stated that payment for unused sick leave upon termination would also be a factor in the amendment. Staff was recommending payment of 60 days for police and three months for the fire department. He stated that the Board did have the option to make it 90 days for police and four and a half months for the firs department if they so desired. City Attorney Rose explained that passage of these items would be required by way of an ordinance instead of a simple resolution due to state statute requirements. He suggested that after decision was made by way of resolution, then he would present the Board with an ordinance that would include the decision made about sick leave accumulation and payment. Marinoni, seconded by Vorsanger, made a notion to approve the resolution. Vorsanger asked if this was being done for the Civil Service to conform to stats statute. It was answered that the City was going above what stats statutes required in an attempt to bring the General Policy and Civil Service Policy into close proximity. Vorsanger asked which policy was the best. (317-13 4 December 4, 1990 Don Bailey, Personnel `Director, explained that the general employees' policy stated that they had unlimited sick leave accrual and upon retirement, death, or termination, a maximum unused portion of that accrual to..sixty days would be paid. The Police and Fire Departments are covered by Arkansas Code, which does not provide for any payment upon termination of employment but only upon severance due to death_or retirement.; Bailey stated that they were incorporating into the policy (upon acceptance of the resolution) a sixty days maximum.payment of unused sick leave upon termination only of civil, service. : This would equate these employees with the general. employees'_policy. Director Green stated that he was glad to see the wording being changed, and he wanted to know what the:general consensus of the departments was on these changes. - Kevin Crosson, Administrative Services Director, stated he felt everyone was in full consensus, with the exception of the sick leave policy which was being discussed. Lancaster asked if both husband and wile are employed by the City, which would the policy allow to take off, the man or the wife or both. Crosson stated it was a management control issue and should be only one person unless .in a situation where both would be required to be off together. He stated the 'supervisor's judgment would have to be used in this situation. Crosson stated city personnel were no different than any other group, and that some people would abuse the system, but the vast majority of employees would use the privilege wisely. He stated that the whole idea of accrual upon termination was to eliminate possible abuse opportunities. Lancaster asked if the City Manager would be aware of any major abuse, and if he would be able to bring this before the Board to address the problem. Crosson stated this was correct, and stated that there would be some additional definitions as to how it would be applied through the regular operating policy. Bailey assured the Board that a control mechanism built in to the system was doctor's letters of confirmation of illness that could be required to show proof if needed. Upon roll call, the motion for resolution was unanimously adopted. RESOLUTION 193-90 APPEARS ON PAGE 07 TEE ORDINANCE AND RESOLUTION BOOR Mayor Martin asked Rose to read an ordinance applying specifically to the sick -leave portion of the policy. 314 December 4, 1990 Marinoni, seconded by Vorsangsr, made a notion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Marinoni, seconded by Vorsanger, mads a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the notion passed by a vote of 6 to O. The ordinance was read for the third and final time. Mayor Martin asked Ross to summarise what the ordinance would approve. Ross explained that the ordinance would set the maximum accrual of sick leave for Firs and Police to 90 days and four and ons -half months, respectively. It would entitle the policemen to 60 days' accumulation upon death or retirement, and the firefighter would receive three months' accumulation. Firs Chief Mickey Jackson addressed the Board regarding the current stats statutes. He stated currently the requirement for accumulated sick leave for a firefighter is 60 shifts or 6 months. He explained that if a firefighter leaves the department for retirement or upon death, he is entitled to draw the accumulated sick leave not to exceed three months' salary. Jackson stated that it was decided during deliberations on this policyto leave that "as is'. In summary, increase the maximum accumulated sick leave from 60 shifts to 90 shifts and leave the accumulated sick leave/severance pay at three months' maximum salary. Mayor Martin moved that, in view of the different interpretations of the policy and requirements, consideration of the policy resolution be tabled, Green seconding. Upon roll call, the motion passed unanimously. Lancaster asked for explanation of a day as opposed to a shift. Jackson stated that, according to the state statute, a "tour of duty" and a work day have to be considered one and the same. This means that a 24 hour shift is one work day. Jackson explained that an accumulated 60 days of sick leave translates to 60 24-hour shifts. 60 days of sick leave for a police officer is 12 weeks, but 60 shifts of sick leave for a firefighter is 26 weeks, and he explained that was what was causing all the confusion. OTHER BUSINESS NOMINATING COMMITTEE REPORT Acting Nominating Committee Chairman Shell Spivey addressed the Board, describing the nominating process, filling in for Chairman Russ Kelley. Spivey explained that City Clerk Sherry Thomas mails all Board members a ballot containing all proposed committee members, as well as a profile on those members, giving the Board members an 377 c December 4, 1990 a opportunity to review the information before attending. an actual committee meeting. Spivey explained that he. accumulated the ballots and a small, informal committee meeting was held. He stated that the results of the ballots were to recommend Mr. Joe Fennel to till the remaining term for Nathan Combs, which will run through April of 1991. This seat is on the Advertising and Promotion Committee. Spivey made this recommendation in the form of a motion with Green seconding. Upon roll call, the motion passed Unanimously. BUDGET Linebaugh stated..that a schedule for the budget had been handed out and requested that all Board members and new Board members review the schedule and check meeting dates for conflicts. He highlighted the public hearing for the'1991 budget on December 13 and new Board member orientation on December 14. On December 15, a scheduled retreat would include. the 1991 budget. December 18 will be Board consideration of the 1991-95 CIP at the regularly scheduled Board meeting, with a resolution for temporary funding into 1991. December 20 will be another budget retreat if necessary and passage of 1991 budget -will be on January 16, 1991. ADVERTISING 6 PROMOTION COMMISSION Director Green announced the search for an advertising agency by the Advertising and Promotion Commission, beginning in January, 1991. He volunteered to serve on the selection committee for the Board. Mayor Martin tentatively appointed him to serve, leaving the final appointment open for a few days subject to discussion or other requests. WATER RATES Lancaster referred to a letter from the Beaver Water District stating water rates would increase beginning February, 1991 and questioned whether or not this would affect the water rate discussion held a few weeks ago by the Board. Linebaugh assured him it did not, and all of this had been taken into consideration. ADJOURNMENT The meeting was adjourned at 9:44 p.m.