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HomeMy WebLinkAbout1988-11-15 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board was held on Tuesday, November 15, 1988 in the Directors' Room of the City Administration Building at 113 West Mountain Street. PRESENT: Mayor Johnson; Directors Bumpass, Lancaster and Pennington, City Attorney staff, members of the press Kelley, Marinoni, Hess, Martin; City Manager McCord, members of the and audience. CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors 359. present. The Mayor lead the Pledge of Allegiance and asked for a moment of respectful silence. MONTHLY REPORT City Manager Jim Pennington presented a report to the public and Board for the month of November. [This report in detail is on file in the City Clerk's Office.] Pennington reported that the City's financial situation continues basically as it has for the last two years. He stated the City is still experiencing a situation where expenses exceed annual revenues and is still utilizing reserves as indicated in the budget. He noted that the City is at roughly 68% of the annual budget for revenues as of the end of last month, but expenses are at the 49% level. Reporting on the public safety program, Pennington said the crime prevention office has formed five new neighborhood watch programs. He reported that since the E-911 program was implemented in September, 237 emergency calls were received through the Fayetteville segment of the system. He also noted that there were 279 non -emergency calls and 23 prank calls through E-911 during the month of October. Pennington stated that the federal grant for the drug program has been received and the program is underway. He said the Selective Traffic Enforcement Program (STEP) which is in effect primarily on College Avenue, is meeting its goal for the year. He also noted the educational process of the Fire Prevention Program has proven to be very effective. • On the subject of the neighborhood watch, Director Bumpass asked Pennington to explain to the citizens how they might get involved in this campaign. Pennington stated that any interested citizen should call the Fayetteville Police Department and ask for the crime prevention officer or the police chief. 359. 359. 359. _359.! November 15, 1988 360.1 Pennington reported that the Gulley Park pond reconstruction is complete. He stated that, during Fall Clean -Up this year, there were 402 tons of refuse collected and encouraged everyone to pay attention to the solid waste disposal problem in Northwest Arkansas. 360.2 Pennington stated he would like to give special credit to the budget staff and special projects officer for their extensive work in completing the budget by November 30th. He also noted that the internal auditor/grants administrator made mandatory the placement of a security system on the IBM System 36. 360.3 Reporting on major projects, Pennington said the first annual audit on the Arts Center is complete and should be received within the next two weeks. He stated that the City, working with the Arts Counsel, is having the asbestos removed from the buildings to be demolished on the Arts Center property. 360.4 Pennington said the Board needs to establish a new date for the public hearing on the Warner Cable franchise ordinance. 360.5 In reference to the wastewater treatment plant, Pennington stated that the equipment is still being tested and so far all tests have passed. 360.6 Pennington reported that the third party consultant R. W. Beck has reviewed proposals submitted by M -K Ferguson for the disengagement of that segment of the Northwest Arkansas Resource Recovery Authority (NARRA) solid waste project. Beck, he noted, will prepare a written recommendation to the Authority which will be made available to the City Board. Pennington said an official proposal should be available for presentation to the Board by December 6th. 360.7 Director Bumpass asked if there was an indication of the amount of financial liability proposed by M -K Ferguson. Pennington answered that the City's attorneys Nixon -Hargrave and consultant R.W. Beck are analyzing three different proposals by M -K Ferguson. He stated M -K is assuming no financial liability in the project. 360.8 Director Marinoni questioned when an increase in sanitation rates to pay for disengaging the solid waste project could be expected. Pennington recommended that the Board hold off on this decision until the final costs have been revealed. He noted that the neither the City nor the NARRA has the final say in this project. He said the trustees, Union National Bank of Little Rock, and Federal Guaranty Insurance Corporation (FGIC) have the final say in the project, although they will probably take the Board's and the Authority's recommendations. He further noted that the staff is presently checking into alternative ways to finance the disengagement process. Mayor Johnson noted that a draft being prepared by Al Raby of The late December. November 15, 1988 copy of the proposed General Plan 361. Plan Group should be available by Vicky Kelly addressed the Board asking for an update of the time schedule on implementing educational programs, block leader training programs, construction of a drop-off collection center and a composting area for the recycling program. Public Works Director Batie stated there has been public response to block leader training which is being reviewed by the sanitation department. He noted that bids which will be coming to the Board are: (1) the blue boxes for the pilot program has been bid and there is a low bidder, (2) the igloos (glass drop-offs) for the supermarket drop-off was bid approximately November 10th, and (3) vehicles for transmitting recyclable materials. He further noted there are four or five sites already lined up at supermarkets for the placement of igloos. Kelly further questioned who would be charged with development and direction of the recycling program. Batie stated that the position of "recycling coordinator" would be established under next year's budget. He stated that Lance Heater, an assistant who was hired in the City Manager's budget, will be working with the recycling effort. He said that he and Heater would be implementing the educational program and the block leader program. Kelly noted that she did not feel the public was being given enough input into the recycling program. CONSENT AGENDA The Mayor introduced the consent agenda, consisting of the following items: APPROVE: A. Minutes of the November 1, 1988 Board meeting; B. Award of Bid $880, for ground control and aerial 361. photography; and a request for a budget adjustment; Recommendation: Award to the lowest' bidder meeting specifications, Aerial Data Services. Bid: $97,824 Budget: $80,000 A budget adjustment in the amount of $18,000 is recommended to be taken from funds which were slated for a water loss study and air sampling. The study came in under budget and the air sampling was done at no cost to the city. 361. 361. 361. 361. November 15, 1988 362.1 C. Budget adjustments from September 30, 1988 quarterly financial statement; 362.2 Director Martin, seconded by Marinoni, moved approval of the consent agenda. Upon roll call, the motion passed 6-0-1 with Director Hess abstaining because he was not present at the agenda meeting when it was discussed. CD BUDGET 362.3 Mayor Johnson opened the first public hearing for the 1989 Community Development Block Grant Budget. She noted that the primary criteria for eligibility of CD block grant funds are that it benefit low and moderate income families. She stated the approximate amount of funds available for 1989 is $514,202. 362.4 Kathy Pratt, Administrative Secretary for EOA Housing, addressed the Board requesting that the EOA Weatherization Program be supported with CD funds in the amount of $5,000. She noted that EOA completes 17-20 homes each year within the city limits and could complete more if more funding is made available. 362.5 Andrea Cromwell, Director of Youth Bridge, requested the Board's consideration in awarding CD funds for construction of a new emergency shelter in the amount of $65,000. She noted that the present shelter, located at 720 Stone Street, is for boys and girls from seventh grade thru the age of 17 who are homeless or run -a -ways. She stated they have plans to have ground breaking for this project in the Spring of 1989. 362.6 Director Marinoni asked Cromwell whether the present emergency shelter is inadequate. She answered it is inadequate as it is an old house which is in a deteriorating state of repair, there are space limitations, and it is poorly situated. 362.7 Director Lancaster questioned what was the average length of stay for someone utilizing the emergency shelter. Cromwell stated her latest figures indicated an average stay of 9 days but a person could stay up to 30 days. 362.8 Director Marinoni asked the staff why, according to the calculations in the agenda, does it take $100,000 to spend $500,000. Pennington answered that the administrative costs cover the salary of a CD Coordinator which, he noted, used to be paid by the City but is now charged directly to the CD program. Planning Management Director John Merrell explained that the code enforcement program would involve enforcement of about a dozen City codes which have not been enforced in previous years in low to moderate income areas. Marinoni asked if there was a differentiation between the tasks this code enforcer would perform and the tasks currently being performed by City Inspector Richard Wilson. Merrell stated the staff proposes to fill the presently November 15, 1988 .vacant position in the community development division and part of 363. this person's responsibility will be in the area of code enforcement. He further noted that in this aspect of the job, the code enforcer would basically be an assistant to the city inspector. Pennington pointed out that this"CD program is based on the Housing and Community Development Act of 1972. Merrell stated that HUD has requested that the City's 363. recommendation on the proposed CD budget be submitted to them no later than December 1st. Pennington recommended that an unofficial document be submitted to HUD to give them an indication of what can be expected, then the Board can take official action at its December 6th meeting. The Board concurred with this recommendation. Mayor Johnson closed the public hearing. 363. ANNEXATION The Mayor introduced an annexation petition by Randall and Ruby 363. Garrison for 47.86 acres located north of Wedington Drive and west of Rupple Road. In answer to a question from Johnson, City Attorney McCord informed the Board that the annexation has been approved by the County Court and stated that if the Board wishes to accept staff recommendation to confirm the annexation, it can be achieved by resolution. Bumpass questioned why staff recommends confirmation of the annexation. Merrell stated a thorough inspection of the utility situation on this property has been performed and staff sees no major problems in extending water and sewer lines onto the property as water and sewer is available at the property. Bumpass, seconded by Martin, moved staff recommendation to confirm the annexation by resolution be approved. Upon roll call the motion passed 7-0. RESOLUTION NO. 84-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK .REZONING PETITION.R 88-19 . The Mayor introduced an ordinance rezoning approximately .81 acre as requested in a rezoning petition submitted by Jim Hatfield for , property located on the west side of Lee Avenue to be rezoned C-2 "Thoroughfare Commercial". Johnson noted that the ordinance was read three times at the November 1st meeting and amendedby. the Board to an R-0 "Residential Office" rezoning. Bumpass stated that, due to an illness in the family, Mr. Hatfield requested this petition be tabled for two weeks. 363.. 363.i 363.' 363.£ 363.c. November 15, 1988 364.1 Bumpass, seconded by Martin, moved that the ordinance be tabled for two weeks. Upon roll call, the motion passed 7-0. UNSIGHTLY PROPERTY 364.2 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure at 515 Lytton Avenue. 364.3 City Attorney McCord read the ordinance for the first time. The Board left this item on the first reading. UNSIGHTLY PROPERTY 364.4 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located on the west side of South School Avenue north of the Bypass. 364.5 City Attorney McCord read the ordinance for the first time. The Board left this item on the first reading. NO -SMOKING ORDINANCE 364.6 The Mayor introduced the original no -smoking ordinance which was presented to the Board in September, 1987, and a second ordinance which was revised by the City Manager. 364.7 Dr. Richard Back, clinical psychologist, 1706 Joyce Street, addressed the Board as president of the Northwest Arkansas Chapter of Arkansans for Non -Smokers' Rights speaking in favor of the original ordinance (8.01-8.02). He urged passage of the ordinance which "would provide for the increased comfort and safety of 70% of your constituents." He noted that his organization had presented the Board a petition containing 400 signatures in favor of passage of the ordinance. 364.8 Director Martin questioned, if 70% of the public are non-smokers, why do they not go directly to the restaurateurs with their request for a smoke-free eating environment. Dr. Back said that, from personal experience in speaking with restaurant owners, the main reaction has been one of stonewalling, although some have been receptive and changed their policies in the last year. Director Kelley asked what these restaurant owners had changed their policies to. Dr. Back stated these restaurants now have non-smoking areas. November 15, 1988 Director Marinoni questioned whether air conditioners had any 365. effect in taking the smoke from the smoking areas and putting it in the non-smoking areas as well. Dr. Back stated research indicates that a special ventilation system would be needed in the smoking area to keep the smoke from merely being moved through the air conditioning system from one place to another. Dr. Back noted that he felt they were offering a compromise in asking for physical barriers between smoking and non-smoking areas rather than asking the restaurant owners to go to the expense of installing a special ventilation system. Director Bumpass asked how many restaurants Dr. Back had contacted 365. in reference to providing non-smoking areas. Dr. Back said "informally" he had contacted approximately 10 in the past year and only 'two of those had made any change in providing for a non- smoking area. He further noted a general survey performed by the National Organization for Non -Smokers' Rights which indicated • that, in areas where non-smoking ordinances or government laws were not put into effect, there was no significant increase in the percentage of restaurants providing non-smoking areas. Director Martin inquired whether a "partial barrier" would be 365. acceptable between smoking and non-smoking areas. Dr. Back answered that "a curtain. . .or a wall half -way to the ceiling" would not be an adequate physical barrier. Director Kelley questioned whether, under ordinance 8.01-8.02, 365. small restaurants which have only one room and seat over 20 people and do not wish to segregate a separate room are left with only the alternative of having a totally non-smoking establishment. Dr. Back concurred and noted there will be no construction costs to restaurants who establish a non-smoking policy. He further stated he felt it would not affect their business any more than it did the movie theaters when they enacted a non-smoking policy. Wayne Dyer, owner of the Hushpuppy Restaurant, addressed the Board 365. speaking against the non-smoking ordinance. He stated that he has a non-smoking area in his restaurant "most of the time" but that sometimes it is "between difficult and impossible" to provide this service due to a rotation system he uses for parties, etc. He said he feels a "voluntary policy is much better than a mandated policy." He further stated that this ordinance has one purpose which is for a "mandatory non-smoking area" whether with a physical barrier or without. He noted there would be a financial burden as well as creating enforcement problems in complying with either of these ordinances. He asked that he be allowedrto set the policies in his restaurant and urged the Board to reject the ordinance. Director Martin asked whether passage of the ordinance would 365. remove the enforcement responsibility from the restaurant owner. November 15, 1988 366.1 Mr. Dyer answered it would remove "part" of the enforcement responsibility. 366.2 Mr. Dyer stated that where customer preference is concerned, he gets approximately the same amount of requests for seating in the smoking area as for requests for seating in the non-smoking area. 366.3 Director Lancaster asked if banning smoking completely in all restaurants city-wide would eliminate the restaurant owners' enforcement problems. Mr. Dyer answered affirmatively. 366.4 Dr. Earl Riddick, 57 Colt Square, addressed the Board in favor of the non-smoking ordinance "from a health standpoint". He noted that smoking causes 30% of the cancer suffered in the United States. He noted the Surgeon General's 1986 report which reflects that the risk of lung cancer is increased by "passive" or "side - stream" smoke. He stated that smoking "is no longer a matter of personal choice and individual freedom" due to its impact on the health of non-smokers. He further stated "the societal issue here is freedom from exposure" to tobacco smoke. 366.5 Coy Kaylor, Coy's Place restaurant, 2908 N College, addressed the Board in opposition to the ordinance and noted that "taverns" have been excluded from the ordinance. He also pointed out that the lobby of his restaurant is a tobacco shop which is exempted in the ordinances and asked how that situation would be handled. He stated that his understanding of the ordinance was if someone violates the ordinance by smoking in a non-smoking area of his restaurant, he as the owner, would be fined. 366.6 Dr. Bob Burlingame, a local psychiatrist, read a letter from the Washington County Medical Society's Executive Committee in support of the proposed non-smoking ordinance. The letter indicated that the "American Medical Association as well as the Arkansas State Medical Society are both on record opposing smoke in public places where non-smokers cannot be protected." He noted that the "area hospitals" have established a policy of setting time schedules for smoking in hospitals. He further noted that this policy should be enacted by 1989. 366.7 Wilbur Watson, a citizen, addressed the Board speaking in support of the ordinance. 366.8 Dave Bassett, B & B Barbecue, spoke in opposition to the ordinance. 366.9 In answer to a question from Director Lancaster, City Attorney McCord explained that, if a person is caught violating the ordinance, the violator is held responsible, not the restaurant owner. Pennington pointed out that a police officer would have to witness the violator "in the act" before he could issue a citation. to post the enforce the tn4! McCord further stated it is the no -smoking signs as provided by. ordinance. November 15, 1988 owner's responsibility the ordinance, not to 367. Hess questioned the difference between ordinance 8.01-8.02 and 367. ordinance 8.32-8.33. McCord stated he was concerned the original definition of "smoking" in ordinance 8.01-8.02 was "over broad" so he narrowed it to include the typical smoking materials, i.e. cigars, cigarettes and pipes. He stated that the second change was to incorporate language which would require the separate non- smoking area reduce ambient smoke to the extent possible from non- smoking patrons, to utilize existing barriers and ventilation systems to the greatest extent possible to minimize smoke in adjacent non-smoking areas, but not to require construction of new physical barriers and ventilation systems. He noted the second change was "in accordance with case law" which indicates that "an anti-smoking ordinance must serve to reduce smoking levels to non- smoking areas." He stated if the ordinance does not serve that purpose, it will be "struck down". In answer to a question from Hess, McCord said a non-smoking area placed in the center of a smoking area or a partial physical barrier would not serve the _..purpose of the ordinance. McCord pointed out to the presented tonight are for amended, adopted, or rejected Board that both ordinances being 367. discussion purposes only and may be as the Board sees fit.. Director Kelley questioned whether a restaurant owner has the ability to designate his whole establishment as a smoking area. McCord -answered, if there is a seating capacity of less than 20 patrons, yes. If the seating capacity is over 20, McCord stated, there must be designated smoking and non-smoking areas under both ordinances. Marinoni clarified that a restaurant could declare itself entirely "smokeless", but they could not declare itself a "smoking" restaurant. McCord concurred. Hess stated. he felt that the changes in section 2(a) of ordinance 8.32 (changed from an "enclosed area" to a "designated area") substantially "watered down" the entire ordinance. Director Martin questioned whether it is clear that this ordinance can be enforced in the other areas mentioned such as grocery stores, etc. Pennington answered affirmatively noting that in many states, smoking in grocery stores, drug stores, etc. is against the fire code. -Director Bumpass noted that City Manager Pennington has enacted a policy of no -smoking in public buildings. He went on to suggest possible alternatives to passing a no -smoking ordinance including (1) passage of a resolution encouraging voluntary use of segregated smoking and non-smoking areas, (2) an award program 367. 367.. 367.1 367.' November 15, 1988 368.1 could be initiated to recognize such voluntary efforts or (3) tax money could be allocated for a non-smoking advertising campaign. He stated he felt one of these programs might be more appropriate than making it "illegal" to smoke in restaurants. 368.2 Jim Reeve, Razorback Pizza, addressed the Board in opposition to the ordinance. 368.3 Director Kelley stated that, at this point, he is leaning more toward the original ordinance (8.01-8.02) but felt he needed more input from the public as well as time to do more research on his own. 368.4 McCord questioned whether the Board wanted either ordinance read for the first time tonight. 368.5 Director Hess suggested that if either ordinance is passed, a "phase-in period" might be considered during which time the affected parties could get feed -back concerning the size the smoking and non-smoking areas should be, etc. 368.6 After further discussion, the Board agreed to discuss this issue further at the November 30th Board Agenda Session and then place it on the agenda for discussion at the December 6th Board Meeting. EPA FINE 368.7 The Mayor introduced a request for approval to pay a $10,000 fine levied by the Environmental Protection Agency for the City's failure to report a May, 1988 bypass of untreated wastewater from the collection system into Mud Creek. 368.8 Director Kelley, seconded by Martin, moved payment of the EPA fine. Upon roll call, the motion passed 7-0. OTHER BUSINESS HEARING RESET 368.9 Mayor Johnson stated there is a conflict with the November 21st date set for the public hearing on the cable television franchise. The public hearing was rescheduled for November 28, 1988 at 7:30 p.m. at the Center for Continuing Education. City Attorney McCord noted that the Ad-hoc Cable Television Franchise Committee would be there to answer any questions. J ARTS CENTER PROPERTY November 15, 1988 .City Attorney McCord advised the Board he had received a ,settlement offer from the Banks who are the property owners at the southwest corner of the arts center site. He reminded the Board that the City's independent appraisal of the property was for $218,000; and the landowners' independent appraisal was for $300,000. He said the Banks had originally offered to settle for $290,000, which the Board rejected; and have now counter -offered . to settle for $280,000. He said the Board had previously authorized settlement at 10% above the City's appraisal. 369. Marinoni, seconded by Lancaster, moved to deny the counter-offer 369. of $280,000. Upon roll call, the motion passed 6-0-1 with Bumpass abstaining. UNSIGHTLY PROPERTY Cyrus Young, addressed the Board concerning an ordinance passed 369. "13 years ago" requiring Tom Pearson to clean up his property at the southwest corner of Dickson Street and West Street. He noted that this ordinance was brought to the Board's attention a "couple of months ago." Pennington stated that this issue had been turned over to the Planning Management department which is in charge of inspections. He also said shortly after this issue was brought up, his office received a letter from the landscape architect who had been hired to do part of the design work for the new'arts center. The architect, he. stated, indicated that this property at the present time, is being proposed as a park and questioned whether the trees should be removed. He noted that the architect requestedthat the trees and underbrush not be removed until their plans are complete. Young asked why the .improvement district (Dickson Street Central Business Improvement District No. 1) said they were going to use this property. Pennington answered that the improvement district was set up to provide parking in the area because the arts center was being built. He further stated -his understanding was that the Pearson property was to be acquired for the purposes of a park to accent the arts center. He noted his understanding was based on the letter he received from the landscape architect. Director Martin asked if some improvement could be made "right 369. early" consistent with leaving it a park. `Bill Stiles, speaking from the audience, stated there is a hole on 369. the property which is dangerous and asked if City staff had inspected it. Pennington answered that staff had inspected the • property. He further noted that the demolition of the building was performed by the City several years ago and that a hole was left where the foundation was removed. In answer to a question from Young, Pennington stated his understanding was that Pierson had paid the City for the demolition of the building. November 15, 1988 370.1 Director Marinoni asked if there was a possibility of temporarily fencing the hole. Pennington stated that was a possibility. Pennington noted this area is one of the "major" drainage problem areas in the Dickson Street section. HERBICIDE ISSUE 370.2 Sean Redmond addressed the Board concerning the agenda which was published Monday, October 31st. He said the agenda did not contain enough information. He further stated he felt information had been withheld from the public concerning an issue which was presented to the Board by "Dr. King" at the last Board meeting before the general election. He further stated that although the Board of Directors and the general public did not know this presentation was going to be made "obviously City employees knew." He noted that since this is a political issue the public should have been advised in the agenda that this presentation was to be made. Public Works Director Batie stated he did not know Dr. King would be present for that meeting before the meeting started. 370.3 Redmond also noted he had received in the mail a "promotional ad to vote against the ban" of herbicide use by the City. He said it was mailed out by the Association Against Herbicide Hysteria and has the City postage meter printed on it along with his City water department account number. Asst. City Manager Linebaugh said the address label was from the Water and Sewer Department address billing which is available for purchase by anyone at anytime and noted that there are numerous firms in town which purchase it every month. He further noted this address list is covered by the Freedom of Information Act and the City is required to make it available to anyone requesting it. 370.4 Redmond stated that for the past four years the City "has been in stage one of a three stage (herbicide) program." Pennington stated "this is the first year" for a "herbicidal spraying program". 370.5 A gentleman addressed the Board concerning an advertisement promoting a sales tax which was sponsored by the "Fayetteville City Administration". He questioned who sponsored this ad and if there was any City money used for it. Pennington answered that he was the "City Administration" involved in the ad and also stated that "not one penny of City money was put into the campaign". Pennington further stated he "volunteered" his time to the campaign. 370.6 Al Vick spoke requesting the Board and Batie to call a meeting to organize a "Department of Public Works Advisory Committee" which would be fair and equitable in working on the herbicide program. November 15, 1988 Vicky Kelley addressed the Board stating she had been "misrepresented" in the pamphlet distributed by the City and Dr. King concerning herbicide use. Director Martin stated the City did not pay for the distribution of the pamphlet. Kelley stated she wanted to "go on record for retracting an accusation of payment to distribute the pamphlet" by the City. HILLCREST TOWERS PETITION 371. Sarafino Guido, 1 North School Ave., Hillcrest Towers, addressed 371. the .Board requesting police patrol in the parking lots at Hillcrest Towers due to vandalism. He stated he represented fifty citizens who signed a petitibn requesting the police patrol and 'requested the Board's approval of the petition. Director Martin stated the Board did approve of the petition and said he felt. the Police Department is sensitive to theproblem at Hillcrest Towers and .stated the Board totally supports as much surveillance and patrol of the parking lot as the police can afford to give. ADJOURNMENT The meeting was adjourned at 11:10 p.m. 371.: 1