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HomeMy WebLinkAbout1989-06-20 Minutes19 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on 192 Tuesday, June 20, 1989 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, Russ Kelley, 192 'Ernest Lancaster, Paul Marinoni, Jr., Shell Spivey and Fred Vorsanger; City Manager James Pennington; City Prosecutor Terry Jones, City Clerk Suzanne McWethy; 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 the public watching the meeting on television, and those present in the audience. He said everyone present 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 PUBLIC The City Manager presented a report to the public and Board for the month of May. [A copy of the written report is on file in the City Clerk's Office.] City Manager Pennington reported three of the City's four major funds was running at a deficit posture. He said, overall, combined revenues and expenses show revenues over expenses of $1,136,159. PUBLIC SAFETY 192 192 192 192 Pennington reported the Police Department arrested 476 adults and 35 juveniles 192 in the last month, 46 of which were drug-related cases. He said he thought the police officers were better trained today. Pennington reported 18 calls to the Fire Department in May were related to the May 22 storm, that the City was fortunate in that there were no fatalities nor was there a major fire. He said ma]or damage occurred to the historic district. Pennington reported the Hazardous Materials team continues to operate on a regional. basis. 192 June 20, 1989 PUBLIC WORKS 193.1 Pennington congratulated the Public Works Department for their efforts in storm cleanup. He said that, during the crisis from the May 22 storm, street, water and sewer and traffic crews all participated. 193.2 Pennington reported that the City had begun composting across from the Public Works garage, by using a chipper to process tree limbs to produce wood chips for use by the Park and Recreation Division. 193.3 Pennington reported over 1,316 hours were worked by the Street Division in May due to storm cleanup. ANIMAL SHELTER 193.4 Pennington reported that 48% of animals entering the Fayetteville Animal Shelter in May were non -Fayetteville animals. He said if we don't take these animals they would simply be left on the streets and become Fayetteville animals. RECYCLING/SOLID WASTE TASK FORCE 193.5 Pennington read from his memo to the Board dated June 9, 1989 on the subject of "City Manager's Task Force on Recycling/Solid Waste Recommendations:" I am very pleased to report that the City Manager's Task Force on Recycling/Solid Waste has completed their task - initially, to provide a recommendation(s) to the City Manager on how best to move forward on a City recycling program. Working from March 27 through May 17, 1989, the Task Force adopted the following statement of purpose: "The purpose of this Ad Hoc Task Force is to contribute to the development of an overall solid waste program for Fayetteville by addressing the reduction of the volume of the solid waste stream and specifically, the feasibility of recycling as one solution toward reducing the waste stream." I am pleased that the Task Force broadened the original assignment and agreed "that recycling must be examined within the contest of a comprehensive solid waste reduction plan." The recommendations of the Task Force are extremely beneficial and provide us with a better perspective on a Fayetteville recycling program and future directions for waste management. In preparing the report, the Task Force determined that for discussion purposes a commonly accepted hierarchy of waste management strategies should be followed. "Beginning with the most desirable and ending with the least desirable, they are: June 20,- 1989 - reduction - reuse - recycle - composting - incineration - landfill While the Task Force addressed all six of the elements of the hierarchy, it is my intention to focus our initial efforts on the first four - reduction, reuse, recycle and composting; and, to follow the Task Force recommendations. I see these recommendations as containing many elements and strategies which can be implemented without delay. To this end, recognizing the City's need to be a model, the lack of solid local data on the waste stream, the problems of hazardous 'waste disposal and the need for composting,- I have included these elements into an initial phase of a Recycling/Solid Waste Program This "information gathering phase" will be followed by the implemention phases. Phase One will be generally carried out by in-house staff acting in a facilitation and data collecting capacity. I would hope that cooperation will be received from not only residents, but also the commercial and industrial community. • I would expect this initial phase would be short lived and we can move into the implementation stages in accordance with the recommendations of the Task Force. The Task Force is to be congratulated for an excellent job in analyzing the City's situation and providing a different and better direction for a Fayetteville waste reduction and recycling program I would caution that the work of this Task Force is just a beginning and that for success this "Task Force" approach should be continued as we face even larger issues in implementation. • 194 The Mayor asked the City Manager to identify the Task Force members. Pennington reported members were Beverly Braunlich, Shea Crain, Brucy Cully, Mary Ann Greenwood, Vickie Kelley, DeDe Long, Claire Rabelais, James Stewart and Karla Trammell. Pennington congratulated the members for dealing with a situation in which everybody did not agree. The Mayor thanked the members of the Task Force and, in addition, those who volunteered to serve but were not appointed. FINANCIAL REPORT QUESTIONS Director Vorsanger noted the financial report stated our long term liabilities of $30 million do not include $21 million of general long term debt liabilities or miscellaneous assets. He asked where the $21 million was included. Assistant City Manager Linebaugh said this had never been included in our 194. • 194. 194. 194. 194. 194- 194. 194. ,194 1JO 195.1 June 20, 1989 combined balance sheet. He said it was reflected in revenue and expenses on page three of the report. PERSONNEL EXPENSES 195.2 Vorsanger noted that in 1988, we spent $3 million over a five-month period in personnel services operating expenses, while in 1989 for the five-month period we spent $4,073,000. He said that was almost a 25% increase. Linebaugh said part of the reason for that was added positions, and part was because of salary increases and the change in benefits. He said he would provide the Board with a detailed report. FALSE ALARMS 195.3 Vorsanger said in May we had 32 false alarms called into the Fire Department. He said he thought that was a high percentage and wondered if something could be done about that. City Manager Pennington said this occurs in most communities, and tends to surge up and down in conjunction with special events in the community. 195.4 WARRANTS Vorsanger said 859 warrants were served from January through May of 1988, while in 1989 during the first five months a total of 2,227 warrants were served, a 259% increase. He asked if we were doing something different or if people were getting into more trouble. Pennington said we were simply receiving more warrants to take care of, and.a lot of warrants simply did not get served. He said a lot of parking tickets should be calculated into that total. HERBICIDE USE 195.5 Director Marinoni asked about the status of herbicide application in the City. Pennington said the City has not initiated a herbicide program and said he was not really sure if the City will do so. He said "good faith" commitments have been made to individuals who do not wish to have herbicides sprayed in their areas. He said the Public Works Department was keeping a log of those areas. He said the City had no control over what is done by the State Highway Department or the Railroad. Marinoni asked if the decision not to use herbicides is based on public objection. Pennington said there has not been time to get started with a program He said when a program is started, it will have to be very controlled. He said, for those residents who don't want spraying to be done near their property, the property owner still has certain responsibilities to make sure that weeds are not overgrown. 195.6 Pennington said a form has been circulating in the committee which citizens can use to notify the City that they do not wish to have any spraying done on their property. He said that, although the form is being used, it is only necessary for citizens to notify the City Manager's office or the Public Works Director's office. June 20, 1989: NWARRA FINANCIAL REPORTING Director Green noted that the Northwest Arkansas Resource Recovery Authority 196 bonds were listed as an asset in the financial report and asked how that could be. Linebaugh explained this is kept on the City financial statement even thought it can't be used. He saidboth the investment side and the liability side is recorded. Penningtonexplained the last two auditors hired by the City included this as part of the City's audit as well. Green said he didn't understand how the Authority's assets could be intermingled with the City's assets when they are separate entities. Linebaugh said the Authority's debts were intermingled with the City's debts as well. He added that, according to acounting rules, if the City has control over, or a major financial interest in, a subsidiary body, such as the Library, then it is required to be accounted for on the City's books. He said the City had some 90% control over the Authority. RECYCLING TASK FORCE QUESTIONS Green asked if the Solid Waste Task Force would be kept intact. Pennington said 19E he felt that group should remain available to advise him in the future. Vickie Kelley, task force member, said the work of the task force. was 19E interesting. She said there were a number of members who wanted stronger recommendations, there were discussions about mandatory laws, regulations on industry, permanent household hazardous collection programs, and things working in other areas banning styrofoam, bottle bills, and -deposit laws. She said the task force report was a compromise and they were willing to support it. In answer to a question from the Mayor, Kelley said they understood information gathering was imperative as a first step in the program, drop off stations are probably going to be the first visible thing citizens will notice, although there will have to be some facility to service those. She said the task force discussed how much of that the City can undertake at this point. HERBICIDE COMMENT Al Vick, resident of 213 S. Block, thanked City staff for having the sensitivity to log the no -herbicide request forms, and for respecting the wishes of those residents in the City who don't want chemicals sprayed outside their homes. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda". The Mayor explained that the Consent Agenda represents items on which there is thought to be unanimous agreement by the Board, but pointed out 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: 19E 19E 19( iIJ. June 20, 1989 197.1 A. Minutes of the June 6, 1989 regular Board meeting; 197.2 B. Consideration of the award of Bid #89-19, for the purchase of one 35,000 GVW truck chassis with mounted pothole patcher; 197.3 197.4 The City Manager recommends award to the lowest bidder, H. D. Industries of Jacksonville, Texas, bidding $62,882. The budget contains $75,000 to cover the expense. C. Consideration of the award of Bid #89-25, for the purchase of one 200 -gallon crack and joint sealing machine; The City Manager recommends award to the lowest bidder meeting specifications, Little Rock Road Machinery of Ft. Smith, bidding $17,673.76. The budget contains $25,000 to cover the expense. D. Consideration of the award of contract, for engineering services relating to the reconstruction of Ash, Emma and Laverne Streets; The Staff Selection Committee and City Manager recommend the award of contract to Jorgenson and Associates, proposing a fee of $5695. The budget contains $6,800 to cover the expense. RESOLUTION 53-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 197.5 E. Consideration of the award of contract, for engineering and architectural services relating to renovation of the Youth Center pool; Services would include preparation of plans and specifications, taking and evaluation of bids and construction management in connection with the construction of renovations to the Youth Center pool. The staff selection committee and the City Manager recommend award to Crafton & Tull Associates, proposing a fee of $59,460. The 1989 budget contains a total of $200,000 for pool renovation engineering and construction. RESOLUTION 54-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 197.6 It was moved by Vorsanger and seconded by Kelley to approve the Consent Agenda. Upon roll call, the motion passed, 7-0. R -O -W VACATION June -20 1989?ik 198 The Mayor introduced a request for an ordinance vacating and abandoning a portion 198. of Leland Avenue located south of W. Berry Street and west of Sang Avenue; left on first reading on June 6. He explained that Patrick J. Van Asche, owner of property at 2137 W. Berry, and Richard D. Steele, owner of property at 2201 W. Berry, request the closing of unopened Leland Avenue right-of-way adjoining their properties. He told the Board the portion of Leland Avenue north of W. Berry was closed in 1981. The Mayor reported all utilities concerned concur in the closing; however, the City Engineer requests the retention of a 20' utility easement and Southwestern Electric Power Company requests the retention of a 10' utility easement. He said that property owner to the south, Don Heckathorn, does not concur in the request for closing the street. The Mayor reported the City Manager recommendsapproval of the request. He said it is the opinion of the staff that, although Heckathorn's property would be cut off from access to W. Berry Street, it will still have access to Sang Avenue to the east, to unopened Leland Avenue to the south, and to unopened Lonnie Avenue to the west. 198. 198. The City Prosecutor read the ordinance for the second time. The Mayor told the 198. Board that, if no motion is made to suspend the rules and place the ordinance on its third reading, the ordinance would be considered again at the next meeting. There was no motion to suspend the rules. The Mayor noted the Board had viewed the property at least twice. Director Marinoni said all three parties involved were friends. of his and, for 198. that reason, he would abstain from voting. Pat Van Asche, resident of 2137 W. Berry, asked representatives of W. Berry in the audience to raise their hands. (15-20 persons in the audience stood). Van Asche said the residents of W. Berry were confused as to why, when the City Manager recommended approval, the City Directors seem to go in the opposite direction of his recommendation. He said the issue is whether or not Mr. Heckathorn is landlocked. Van Asche said Heckathorn had access to Sang Avenue. He said Heckathorn stated at the last meeting he could not see the City allowing him to put in a street in between those two houses on Sang Avenue. Van Asche commented "it's okay to put a street in between two houses on Berry but not on Sang." He said the distance between his and Mr. Steele's house is 80 feet. He said Heckathorn owns other property to the south and has Lonnie Avenue for access to the west. He said Heckathorn had three accesses for the seven acres he purchased three years ago, not including Leland Avenue to Berry. Van Asche said W. Berry is only 20 feet wide. He asked why a wider street would intersect a more narrow street with no sidewalks, curbs, gutters or lighting. He asked, if the street is not vacated, if Berry would be improved like Leland, with sidewalks, curbs, gutters and lighting. He askedat whose expense those improvements would be made. Van Asche pointed out that Sang would not have to be improved. He said W. Berry already gets traffic from the Bypass, Highway 16 and the University. Van Asche said one Director mentioned at the last meeting 198. 198. 199 June 20, 1989 99.1 that the property owners would be getting something for nothing (if the street were closed). He said he had taken care of the avenue for 10 years while Steele had taken care of it for 25 years. He said if the street is closed they would go on taking care of it as always. He added that two trees would be saved if the street were closed. 29.2 Van Asche asked Director Vorsanger to abstain from voting, as he stated in the last meeting he was a friend of Heckathorn. The Mayor told Van Asche the Board's rules provide for abstention when there is a personal, financial interest, and some Directors have gone beyond that, although it is not required. Vorsanger said he had no financial interest but Heckathorn was a friend of his. He said if he abstained from voting on all of his friends' problems, he would never vote. Lancaster said he had never voted to close any dedicated City street which ever had a possibility of being used for the City. .99.3 Don Heckathorn distributed information to the Directors. He said he owned property to the south of the property in question. He said he purchased the property with the understanding the street easement would remain, and said he felt it unfair to close an easement after he purchased the property. He said if people did this on a regular basis, it would hurt property values in Fayetteville. He said he didn't know why the City Manager made the recommendation he did, as he was never contacted by him. Heckathorn said the 100' section of land to the east connected to Sang Avenue is not a dedicated street and he felt the City would never approve that for a street, since it was less than 100' from the intersection of Sang Avenue to the north, and it would be approximately 120' from the intersection of Berry. L99.4 Heckathorn said there was a similar situation on a platted street running east off of Stephens Avenue. He said that property is now developed as an apartment complex called "College Park." He said the the neighbors wanted to close the street, and the developers of the apartments didn't need the street, yet the City still did not close the street. He said it may be that emergency vehicles would need the street to service the area L99.5 Heckathorn said his property is not presently platted and, if it were, it would have to be reviewed by the City as a large scale development and, at that time, it can be determined whether the street is needed or not. He said citizens would then have an opportunity to object. He said closing the street served no purpose other than to give the owners more yard, but could put his property in jeopardy. L99.6 Heckathorn said he has been in the neighborhood since 1962. He said if it is decided in the future that the street is not needed, that is the time to close the street, not before plans are made. He said he thought it was premature to close the street now and unfair to him as a property owner. L99.7 John Crook, resident on W. Berry, told the Board that several portions of Lonnie Avenue have already been closed. He said the request was in keeping with what has happened, and there was precedent. He disagreed there was a hardship for Don Heckathorn, in terms of being able to develop his land, because of access to Sang Avenue and Porter Road through Lonnie Avenue. He said he failed to see why Berry should be turned into a collector street when there are two major June ..20,• 19894 .t: streets adjoining Heckathorn's land. He said he thought this was an opportune time to close the street, while one man owns all the land under question. The Mayor told those present the ordinance would remain on its second reading 200 until the next meeting. 200 200 REZONING/BRAUN ICE CREAM The Mayor introduced an ordinance rezoning property as requested in rezoning petition R89-17, and reported the following informationregarding the request for the benefit of those present: Size of parcel: 6,650 square feet Location: 1894 West Sixth Street, near the intersection of Gabbard Avenue Petitioner: Charles W. George, by Joel Hersh for Braum Ice Cream Change requested: R-2 "Medium Density Residential" to C-2 "Thoroughfare Commercial Planning Commission action: Recommended approval, 7-0 The petition was considered in a public hearing before the Planning Commission on June 12, 1989. The Planning Management Director recommended approval of the rezoning, reporting the following to the Commission: The rezoning request involves only a very small and narrow strip of land 22-25 feet wide at the rear of the property. A property line adjustment which would combine this strip with the main site has been approved by the Engineering Division. The Land Use Plan designation is "Medium Density Residential." However, the surrounding land uses are mixed and contain commercial, industrial, multi -family and single-family uses. The applicanthas informed the staff the rezoning is desirable to provide traffic circulation and parking. The staff agreed with the applicant and notes that Braum proposes to construct a sight proof fence along the northern and eastern perimeter of the entire site. Based on the surrounding land uses and the fact that most of the site is already zoned C-2, the staff recommends approval of this rezoning. 20C 20( 20( 20( 201 201 The Mayor said no public opposition was expressed at the hearing, and that a 20 motion to recommend approval passed by a vote of 7-0, Commissioners Cleghorn and . Nash being absent. June 20, 1989 201.1 The ordinance was read for the first time. Director 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, 7-0. 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, 7-0. The ordinance was read for the third time. 201.2 201.3 Joel Hersh, they wished communities. approved by There being 0. resident of 622 Wilson, spoke on behalf of Braum Ice Cream, stating to construct a series of stores in Fayetteville and neighboring He said the site plan for the location on Sixth Street had been the City, as well as a lot split. no other public comments, upon roll call, the ordinance passed, 7 - ORDINANCE NO. 3432 APPEARS ON PAGE 83 REZONING/MITCHELL SINGLETON OF ORDINANCE AND RESOLUTION BOOK 201.4 The Mayor introduced an ordinance rezoning property as requested in rezoning petition R89-18. For the benefit of those present, the Mayor reported the following information regarding the request: 201.5 Size of parcel: 8.24 acres Location: South of Zion Road and west of Old Missouri Road Petitioner: Carlton Land, Inc., by Dr. Mitchell Singleton Change requested: A-1 "Agricultural" to R-2 "Medium Density Residential" Planning Commission action: Recommended approval of R-1.5 "Moderate Density Residential", 7-0 The petition was considered in a public hearing before the Planning Commission on June 12, 1989. The Planning Management Director told the commission he was reserving a recommendation until he had an opportunity to see the concept plan for the property, but reported the following to the Commission: 201.6 There have been four other rezonings in this vicinity since 1972. One in 1972 was from A-1 to R-1 for a strip of land fronting on Zion Road to the west of the property. In 1978 there was a rezoning from A-1 to R-1 fronting on the south side of Zion east of the intersection of Old Missouri Road. In 1977 there was a rezoning from R-1 to R-2 for a very small piece of land fronting on Old Missouri Road a little to the south of the property. Most recently there was a rezoning from A-1 to R-0 of a piece of property fronting on the north side of Zion to the east of the property. June 20, 1989'x`;" Residential uses are proposed for the property, and Jerry Sweetser has entered into a contract to purchase it contingent upon approval of the rezoning. Apparently, about 70% of the property will be developed as single family and 30% as two and three-family dwellings. The land use designation is medium density residential. The Mayor said that at the hearing, the Commission voted 6-1 to have a study of the land use for the area undertaken by the Planning Management Director, and that a concept plat for the proposed development of the property was submitted to the Commission by engineer Dave Jorgenson who told the commissioners that R- 1.5 zoning would accomplish the intended purpose. He said the property owner to the north, Jamie Jones, spoke in favor of the land use study proposed to be done and said he wouldn'tobject to the.rezoning,if it was zoning less dense than R-2. He said that, with the staff supporting the proposal to amend the request to R-1.5, a motion to recommend approval passed by a.vote of 7-0, Commissioners Cleghorn and Nash being absent. 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 Martin, made a motion to further suspend the rules and place the ordinance on its third.and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. In answer to a question from Director Lancaster, Planning Management Director John Merrell told the Board that all the adjoining property owners had been notified. Dr. Mitchell Singleton, resident of 1556 Clark, told the Board he was the President of Carlton Land Company, Inc.. He said the 8 acres in question was part of a 24 -acre parcel that the company owned. He said adjacent property they owned was already zoned R-2. He said the intent is to develop the land into tasteful, affordable single-family and two and three-family dwellings. He said this. met the present City Land Use Plan and is consistent with the proposed long-term Land Use Plan. There being no one speaking against the ordinance, upon roll call, the ordinance passed, 7-0. 202 202.1 202.2 202.3 202.4 202.5 202.6 ORDINANCE NO. 3433 APPEARS ON PAGE e.r OF ORDINANCE AND RESOLUTION BOOK XX ✓ REZONING/NELL LANCE The Mayor introduced an ordinance rezoning property as requested in rezoning 202.7 petition R89-19. For the benefit of those present, the Mayor reported the following information regarding the request: Size of parcel: .2.28 acres Location: Northeast corner of Rupple Road and Highway 16 West c. ai June 20, 1989 203.1 Petitioner: Nell Lance 203.2 Change requested: From A-1 "Agricultural" to C-2 "Thoroughfare Commercial" or C-1 "Neighborhood Commercial" 203.3 Planning Commission action: Recommended approval of C-1, 7-0 203.4 The petition was considered in a public hearing before the Planning Commission on June 12, 1989, along with a request for approval of a conditional use to develop mini -warehouses on the property if the rezoning is granted. The Planning Management Director made the following recommendation to the Commission: 203.5 The staff feels that the subject property is in a commercial mode location on Wedington and that a commercial rezoning would not necessarily contribute to the evolution of strip commercial development on this road. The staff agrees with the General Plan consultants that strip commercial development and zoning on Wedington is not warranted and should be prohibited. 203.6 The staff can only support a C-2 rezoning and conditional use if a Bill of Assurance is offered that the property will only be used as mini -warehouses or for C-1 permitted uses. It should be pointed out that mini -warehouses are usually low intensity uses that do not generate as much traffic as a number of retail and office uses which are allowed by right in the C-1 and R-0 zoning districts. The staff cannot recommend an unconditional C-2 rezonig of the property as this could introduce land uses which are incompatible with nearby land uses and with both the present and anticipated new land use plans. 203.7 The Mayor said that at the hearing, no public opposition was expressed, and the petitioner amended her request to rezone the property instead to C-1 "Neighborhood Commercial", stating plans were not finalized yet for the use of the property. He said a motion to recommend approval of rezoning to C-1 was passed by a vote of 7-0, Commissioners Cleghorn and Nash being absent. 203.8 The ordinance was read for the first time. Director Marinoni, seconded by Green, 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 Marinoni, seconded by Green, 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 time. 203.8 Nell Lance, resident of 1616 Cedar, was present to represent the request. There being no public opposition, upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3434 APPEARS ON PAGE 27 �(X J OF ORDINANCE AND RESOLUTION BOOK 1 EASEMENT. VACATION/APPLEBY ROAD June. 20, 1989) 204 The Mayor introduced a request from property owners for an ordinance vacating 204 and abandoning a 25 -foot wide sewer easement located across the North Hills Medical Park property on Appleby Road. He explained the purpose of the request was to allow construction over the area. He said the sewer line existing within the easement was currently being relocated at the expense of the owners with the approval of the City. He said, because this is a sewer easement only, no concurrence from other utilities is required. He reported the City Manager recommended approval. The ordinance was read for the first time. Director Marinoni, seconded by Green, 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 Marinoni, seconded by Green, 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 time. Al Harris, of Northwest Engineers, spoke on behalf of the owners. He told the Board the easement was located across the middle of the property and a new sewer line had been constructed going around the perimeter of the property. He said the line was being. tested and would be approved by the City. He said a new easement plat is being prepared to go along with the final plat submitted to the City. In answer to a question from Lancaster, the City Manager.: saidthe reroute of the sewer line was approved by the City Engineer simultaneously with the request to abandon the existing easement. There being no public opposition, upon roll call, the ordinance passed, 7-0. 204 204 204 ORDINANCE NO. 3435 APPEARS ON PAGE 89 OF ORDINANCE AND RESOLUTION BOOK XXV APPOINTMENTS Director Kelley, Chairman of the Board Nominating Committee, reported the 204 recommendations of the committee, which met at 9:15 a.m. on June 20, 1989 to nominate citizens to positions on various citizen committees. Kelley moved to nominate Jim Waselues, to fill an unexpired term ending April 1, 1992 on the Advertising and Promotion Commission. There being no other nominations or public comments, upon roll call, the motion passed, 7-0. Kelley moved to nominate Frank Sharp to fill a new term ending June 30, 1992, on the Arts Center Council. There being no other nominations or public comment, upon roll call, the motion passed, 7-0. Kelley moved to nominate Scott Linebaugh to fill anew term ending June 30, 1992 on the Arts Foundation. There being no other nominations or public comment, upon roll call, the motion passed, 7-0. 204 204 20z 4U0 205.1 205.2 June 20, 1989 Kelley moved to nominate Camilla R. Crouch to fill an unexpired term ending April 1, 1993 on the Library Board of Trustees. There being no other nominations or public comment, upon roll call, the motion passed, 7-0. The Mayor thanked the public for applying to the positions, and expressed regret that everyone could not be chosen. He said he hoped citizens would not lose interest, pointing out the Board had adopted a policy in the last year that service be limited to two consecutive terms. He said citizens should feel free to contact Directors about their interest in serving on a committee. AIRPORT CONSULTING SERVICES 205.3 The Mayor introduced a resolution authorizing an amendment to a professional services agreement with Airport Consulting Services Group, Inc.; and a request for approval of a budget adjustment. 205.4 He said the original agreement, approved in September of 1988, provided for consulting services related to a rates and charges survey to be performed at the Airport. He said the amendment would increase the scope of work to include negotiation of an airline agreement with commercial air carriers now serving the City. The Mayor said the cost of the amendment was proposed to be $11,950. He said the City Manager recommended approval of the resolution and a budget adjustment for $11,950, to be taken from projected increases in airline revenues. 205.5 Assistant City Manager Scott Linebaugh said the consultant being recommended also prepared the consulting report on the Airport. He said many changes were recommended in that report which he said the staff has reviewed. Linebaugh said the staff wanted to try a different system than was used in the past, and use a negotiated term which would cover more than one year. He said the staff felt it important to hire, on a one-time basis, a professional person to conduct the negotiations with the airlines, after which time the staff would take over. 205.6 In answer to a question from Lancaster, Linebaugh said whatever is negotiated with the airlines would be brought back as a recommendation to the Board, for approval. Lancaster asked if it wouldn't be appropriate for the Board to accept the report before moving forward to hire the consultant for additional services. 205.7 Director Martin asked for a chance to re -read the report more thoroughly. He said the item could be tabled if the Board chose to do so. ?05.8 In answer to a question from Vorsanger, Linebaugh said the current agreement with airlines have already expired. ?05.9 • Martin said he coudn't accept the recommendation to hire a professional negotiater. He said he thought that was something City staff should be able to do and, if they want help from the community in the process, that would be appropriate. He said he thought City staff showed, in negotiations with Warner Cable, we can hold our own in professional negotiations. He said he would oppose the resolution. June 20, 1989 206 -`Lancaster said we had gone almost six months without a contract and he thought 206. something out to be done. Lancaster moved to pass the resolution as recommended by the City Manager: Director Green, in reference to Martin's comments about Warner Cable negotiations,` said he wasn't sure we came out that well on it. He said in dealing with 'larger airline companies with unlimited resources they have available for negotiaters, he thought we may be somewhat "easy prey" unless we have some professional advice. He said he thought normally we should negotiate our own deals and didn't want to -set a precedent in letting someone else stand up for us, but said if we look at the cost involved in hiring the professional negotiators versus the benefits we may receive from improved rates, he thought the City would be better off if we get some professional advice on this case. He cautioned, however, that we not negotiate ourselves out of competition for airline service in northwest Arkansas. He said he didn't -want to see us lose enplanements because we price ourselves out of the market. Green said he was in favor of the resolution. The motion was seconded by Marinoni.---- Vorsanger said he had already asked at an agenda session if the Board would be accepting the report and looking at all the recommendations in the report, or whether we were just picking out this one particular recommendation. He noted that one recommendation in the report was a suggestion -we consider creating an airport authority or airport commission for the City. He said negotiation of rates could be one of the responsibilities for an airport commission or authority. He said we ought to at least look at the concept. He said the 'consultant indicated in the report that we ought to be able to get at least 40% more for the rental of space to the airlines. He said this was a case where the $11,000 fee ought to be recovered in four or five months if they can raise the rates by 40%. He said he would vote for the resolution. ' - - Upon roll call, the motion passed, 6-1, Martin voting in the minority. 'RESOLUTION 55-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS NEW EMPLOYEES INTRODUCED City Manager Pennington introduced Hal Morton, new Solid Waste Administrator, and Scott Smith, Recycling Coordinator. CITIZEN COMMENTS Leland Hamilton, Fayetteville resident, told the Board he thought there was a problem with Lee Street near the north Fire Station. He said some citizens were thinking of asking the City to close the street because of the "Stay and Play" day care center where children are subjected to dust and chat from the street. He said this was supposed to be fixed as part of the City's five-year capital improvement program He said they spoke with owners of Consumers Grocery Store 206. 206 206 -206 206 20E June 20, 1989 207.1 and there is a possibility they would consider spending 2/3 of the cost to chip and seal the street, to keep that street open. 207.2 Hamilton said there has been an ongoing problem with Stubblefield and Harold Street. He said if you are traveling westbound on Stubblefield, there is an "S" curve and a yield sign is relatively hidden. He said he lived about three houses from there and several accidents have been narrowly missed because people do not see the yield sign. He said, because of heavy traffic and construction in that area, both streets are really hazardous. 207.3 Hamilton said on the Saturday before last at 10:30 p.m. he was at Food For Less in Fiesta Square in Fayetteville. He said a woman and a small child were confronted by several young people in cars actually blocking the entry and exit doors of the Food For Less. He said they were using loud, obscene and abusive language towards the woman and wouldn't move. He said he called the City Police. He said beer bottles and cans were being thrown at people and the abusive behavior towards the woman and child was very upsetting. He said he dialed 9-1-1 and was told he was abusing the 9-1-1 line, that it was not an emergency and he was to call back back on 521-8050, which he said he did. He said the woman was still being blocked. He said he called the dispatcher and was advised that wasn't their area of responsibility, and that the Washington County Sheriff's office was handling all calls for Fiesta Square. He said he went into the store while others remained outside. He said he was advised by the City Police Dispatcher that he was to go out and wander around Fiesta Square and look for a Sheriff's officer. He said he found two Sheriff's officers' cars and one unmarked Sheriff's Department car. He said he was advised that they were working off-duty, using county equipment and county gas and being paid by Fiesta Square to patrol the area. 207.4 Hamilton asked why the City Police Department was not visible in this area and why it was so difficult to request assistance. 207.5 Hamilton, referring to the ad hoc committee appointed by the Fayetteville Chamber of Commerce to study the incinerator problem, said when the group was appointed they failed to include low-income and fixed-income representatives. He said he and others were told the committee would represent a broad cross- section of the city and not be limited to only those in business professions. 207.6 207.7 Hamilton said Tom Ingoldsby made a presentation to the committee and wondered how much we had to pay to fly him to Fayetteville, stating the members of the committee were not allowed to thoroughly question him, but were deferred and told it would be taken care of at the next meeting. He said he was disturbed if the City was spending a lot of money to bring experts in and the members are not allowed to question them. Mayor Martin said Hamilton's comments would be taken under advisement and his objections would be noted and staff would be asked to look into them and perhaps report to Hamilton and the Board on what can be done on the matters. Martin urged any citizen with any problem to please call the City Manager's office so it can be thoroughly investigated. 208 Green commented that Hamilton's remarks in reference to Lee Street are somewhat 208.'. connected with a rezoning request which was tabled indefinitely by Jim Hatfield. Linebaugh said that rezoning would be on the agenda of the next Board meeting. BOARD MEETING RE -SCHEDULED The Mayor noted that the Board's Rules of Procedure provide that, when a regularly scheduled Board meeting falls on a holiday, the meeting will automatically be held on the day following that holiday, unless the Board votes to set a different meeting date. Martin said the next meeting .date would normally be on July 4. There being no objection, it was agreed the next regular meeting would be held on July 5. vW WEED PROBLEM Lancaster commented that weeds growing between the sidewalks and along the curb on Archibald Yell were beginning to look somebody's pasture. Lancaster said he sympathized with the City Manager's problems but said we were going to have to "take the bull by the horns and do what we were elected to do, and that's run a clean city." Acting Public Works Director Bob Kelly reported a task force has been helping the staff develop a more appropriate right-of-way management plan. He said a plan is not finalized but a it will be a recommendation from the committee. 208.: 208. 208. Marinoni said he was in favor of using herbicides, noting that experts had 208. testified it was safe. He said he hated to see a few well-intentioned ecology - minded -persons almost dictate the policies of the City. He said the Board and staff should be directing the City and not a few members of a minority. Martin said he thought we had a lot to learn from each other and hoped we could integrate as much community expertise into the decisions we make. Robert Reus addressed the Board, stating he thought the furor over the herbicide issue has a lot to do with abuses which occurred last summer. He said the front of his house was literally "bombed" for one sunflower, causing him to leave his home for three days because he became ill immediately. He said he felt deprived of the use of hishouse and lost income because he had to leave town. In reference to remarks Director Lancaster made about weeds on Archibald Yell, Reus said we had crumbling sidewalks and stairways which had not been maintained in years, overgrown trees which need to be trimmed and a whole situation which cannot be addressed by applying a little herbicide. ANIMAL IMPOUNDMENT • Marinoni said he received a phone call from a woman whose dog had been impounded at the Animal Shelter, and who discovered the fees to retrieve her dog amounted to around $65. Marinoni said she gave up her dog because she couldn't afford the fees. He asked who set the fees. Linebaugh said the fees were set by the City. Pennington suggested the fees may have been higher if the dog did not have its shots, or its tags, or if it had been impounded more -than once. Pennington said he would like to find out more of the details in the situation. 208. 208. 208. 209.1 June 20, 1989 Martin suggested that, if someone cannot pay the fees, arrangement could be made to pay them over time, or to grant a waiver. 209.2 In answer to a question from Lancaster, Linebaugh said the Humane Society keeps the fees, most of which go back into operations. ADJOURNMENT 209.3 The meeting was adjourned at 9:45 p.m.