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HomeMy WebLinkAbout1989-10-03 MinutesOctnhar 3, 1989 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 3, 1989 at 7:30 p.m. in the Directors' Room of the City Administraiton Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., and Fred Vorsanger; City Manager James Pennington, City Prosecutor Terry Jones, City Clerk Sherry Thomas; members of the staff, press, and audience. Absent: Director Shell Spivey CALL TO ORDER 333.1 The meeting was called to order by the Mayor, with six directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance and observe a moment of respectful silence. 333.2 333.3 333.4 The Mayor welcomed the members of the public watching on television and those present in the audience. He said everyone would be given an opportunity to address the Board on every issue under discussion. He asked that citizens approach the podium and state their name and place of residence, that comments be kept concise and non -repetitive as possible, that citizens address the entire Board and direct questions to the Mayor. The Mayor acknowledged the presence of the new City Clerk Sherry Thomas and welcomed her to the position. He outlined many of the duties performed by the City Clerk and expressed their appreciation of the excellent job performed by the prior City Clerk Suzanne McWethy and wished her well in her new endeavors. The Mayor then pointed out a couple of deviations in the agenda. The Community Development Slide Show would be moved to item number two. Also, items 6 and 7 would be postponed by the request of City Staff for two weeks. CONSENT AGENDA 333.5 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: 1 October 3, 1989 J i • ,. vl A. Approval of Minutes of the September 19,-1989 regular Board meeting 334.. and the September 13, 1989 Special Board. meeting. , B. Award of contract for a water: and sewer rate'study and approval of 334.. a budget adjustment. The City Manger and the selection committee recommend award to Black & Veatch, one of the three firms submitting proposals. The firm, which has done the City's water and sewer rate studies since 1970, proposed a maximum fee of $49,100. A,budget adjustment is recommended in that amount to be taken from Planning Management reserves. RESOLUTION 94-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. Award of a contract for construction of improvements to a section of Block Avenue between Rock Street and Archibald Yell. The improvements include reconstruction of the street surface and sidewalks, and enhancement of storm drainage. Three firms submitted bids on the project. The staff recommends award of the contract to Jerry D. Sweetser, Inc., which submitted the low bid of $88,058.50. With engineering costs of $7,655 and utility relocation costs of approximately $5,000, estimated total cost `of the project is $100,713.50. The Community Development budget contains $151,152 for street improvements. RESOLUTION 95-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK It was moved by director and seconded by Marinoni, to approve the - Consent Agenda. Upon roll call, the motion passed 6-0, Director Spivey being absent. COMMUNITY DEVELOPMENT SLIDE SHOW 334.: 334.4 The Mayor introduced the City's CommunityDevelopment Division slide presentation 334 highlighting the 1989 Housing Rehabilitation Program. John Merrell, Director, Planning Management Department stated that the presentation would focus onthe residential rehabilitation program of the overall community development program. He explained that over the last year this program has been restructured and given:..- new direction with established target areas on either side of Dickson Street. 334.6 Upon completion of the slide presentation, Mayor Martin expressed his appreciation 334 for the presentation and for the good job done by the Planning Management Department for the community. SMOKING REGULATED The Mayor introduced consideraiton of an ordinance to regulate smoking in 334.8 certain places in Fayetteville; postponed for 30 days on September 5, 1989, to allow for completion of a smoking survey of area restaurants. The Mayor explained to the audience the procedure the Board would uee to consider this ordinance. He explained that the ordinance had been considered before the Board in December of 1988 in its current form. At that time, the Board considered October 3, 1989 much input from the public and also had available to it a survey that showed the extent of non-smoking seats and availability of them in restaurants in Fayetteville. At a request largely by the restaurants and the hospitality industry, a majority of the Board of Directors at that time voted to table the ordinance to allow a period of six months or so for the hospitality industry to move toward increased availability of non-smoking access in their restaurants on a voluntary basis. At the Board's September 5, 1989, meeting, the item was considered again. The Mayor explained that the ordinance had to be read at three separate meetings, but the Board may, by a vote of no less than 5 of its 7 members, suspend the rules and have the ordinance read on its 2nd or even its third and final reading at any meeting. He explained that the ordinance had been tabled at the September 5 meeting to allow time for a new survey of non-smoking in the area. That has occurred, and the Board is considering the ordinance on its second reading. He explained that City Attorney Rose would read the ordinance in its entirety due to the nature and keen interest in this particular ordinance. He explained that the Board had requested a specific survey by the Arkansans for non-smokers, and they would request a report from a representative of that committee. He further explained that the Board would request a report from City Staff and then comments from the audience regarding the ordinance both for and against in alternating order until everyone in the audience has had a chance to be heard. 35.1 The Mayor asked that the City Attorney read the ordinance for the second time. At this time, Director Green pointed out that the ordinance had already been read for two times, and this would actually be the third reading of the ordinance. City Attorney Rose stated that he felt Director Green was correct, but he felt that due to the nature of the ordinance, the Board had considered it to have been on its second reading at the last meeting at which it was discussed. It had been read twice during that meeting. The Mayor pointed out that Director Green was correct and appreciated the clarrification. 135.2 The Mayor pointed out that the ordinance was on its third and final reading and asked the City Attorney to read the ordinace in full for the third time. The City Attorney then read the ordinance in full. 335.3 The Mayor then asked for a paint of clarrification regarding the intent of the regulation to prohibit smoking in public places. He asked the City Attorney if the ordinance would prohibit smoking in public places. City Attorney Rose stated that the ordinance prohibited smoking only in certain places and then only in locations that are designated smoking areas. 335.4 The Mayor then asked for a representative from the Arkansans forNon-smoking Rights. 335.6 Penny Riley addressed the Board and stated that the first survey was done in 1987 of the 81 restaurants listed in the telephone book. At that time 18 of the restaurants provided non-smoking areas, or 8% of the seats were designated non-smoking. The survey was conducted again in 1988 using the same 81 restaurants; however only 76 were still in business. Of the 76, only 20 offered non-smoking areas or 10% of the seating capacity. The survey was conducted again after the September 5, 1989 meeting of the same 81 restaurants. Of the 70 still in business, 29 were offering non-smoking areas; only 16% of the seating was designated for non-smoking. She stated there had only been a very small increase in the voluntary offering by restaurants of non-smoking areas. + October 3;'1989 J I • • uuc Director Vorsanger stated. that he understood there were fewer seats in the 336.1 1989 study than the 1987 study. He asked Ms. Riley why this was so. She stated that the same 81 restaurants were the•only one'si.in the survey to provide a comparative study. No restaurants that had started business since 1987 were included in the study; therefore, there were fewer seats in the 1989 survey. b t Director Vorsanger stated he felt`the-1989 survey figures did not truly 336.2 represent what was taking place in the restaurants since no restauarants that were established since 1987 were being surveyed. Director Vorsanger then stated that in 1987 18 of 81 restaurants, or 22%, offered non-smoking areas. In 1988 20 of 76 or 26% offered non-smoking areas, and in 1989, 29 of 70 or 41% offered non-smoking areas. He pointed out that progress is being made on the voluntary basis. Ms. Riley agreed that some progress had been made but felt much more was needed. 336.2 Mayor Martin called for comments from the audience. He again pointed out that 336.4 the ordinance does notcall fora ban on smoking in public places. He stated that the R. J. Reynolds Tobacco Company had written much of the public asking them to lobby the Board against the ordinance. He stated that the ordinance was not intended to outlaw smoking in Fayetteville, and the Board did not need to hear any comments in that regard. Jeremy Hess addressed the Board in favor of the ordinance. He agreed with Mayor Martin that the ordinance had been under discussion for about two years. He stated there were very few economic constraints required by this ordinance. He felt the ordinance did justice to both the environmentalas well as the economic aspects. He felt the community should be a leader in the state and pass the ordinance and protect peoples' rights. 336.5 Bob Anderson, Fayetteville resident, addressed the Board opposing the ordinance. 32 He wants to be able to smoke in barber shops, beauty shops, and the like establishments. He stated that if smoking wasprohibited in theseareas, he — would go to another city where he could smoke He felt the places of business should be able to regulate themselves. Dr. Thurman Crocker addressed the board in favor of the ordinance. He stated 336.7 he was an ear, nose, and throat specialist in Fayetteville, and over 50% of his patients have medical problems related to smoking, both active and passive -smoking. He feels it is a travesty when smokers infringe upon the rights of non-smokers and endanger their health. Mary Sue Karnes addressed the Board opposing the ordinance. She is the owner 336.E of Hair by Genesis and 60% of her customers are smokers. Her customers will put out cigarettes if they offend someone. Her building is approximately 1700 square feet, and it would be impossible for her to provide barriers or divide her space into smoking and non-smoking sections due to the cost. Her customers have already told her they would go to Springdale if the ordinance is passed. She feels the salon owners should be allowed to regulate their own establishments. 4 Mayor Martin asked Ms. Karnes if she understood that'the'ordinance did not 336.5 require her to erect a barrier. She thought they were required. Mayor Martin pointed out that the ordinance stated that existing barriers could be used. 4 - . • S37.1 Janet Flaccus address the Board in favor of the ordinance. She pointed out grocery stores are places where she would like to see smoking prohibited. She asked the authority of her grocery store for his help in banning smoking because she could not avoid going to grocery stores like she can smoke filled restaurants, beauty parlors, etc. Her grocer pointed out that he needed assistance in doing this. Ms. Flaccus sees this ordinance as the only way to provide the places she frequents with clean air. 537.2 Coy Kaylor, owner of Coy's Place, address the Board against the ordinance. He stated that both smokers and non-smokers have rights. However, he feels the business owner should be able to runs his business the way he sees fit. He feels competition will dictate the need for non-smoking areas and fears future regulation by government on free enterprise and business owners. 337.3 Randy Myers address the Board in favor of the ordinance. He feels he is typical of a lot of people in Fayetteville whose body will not tolerate smoke. He has left business establishments before because of the smoke. He feels the voluntary restriction on restaurants is not working. He told the Board about reserving a table in a non-smoking area of a local restaurant, and about half -way through the meal, asked the proprietor about the smokers in the area. He was informed that the restaurant had decided not to have a non-smoking area that particular night. His party left without finishing their dinner. 337.4 Dave Bassett,of B&B Bar -B -Q, addressed the Board opposing the ordinance. Although he has a child highly allergic to smoke and does not like smoking himself, he feels this ordinance puts the burden of enforcement upon the local businessman. He predicts that within 10 years there will be a state or federal law prohibiting smoking in public places. However, he feels this ordinance is too gray and open to interpretation. He stated that small businesses are leaving Fayetteville at the current time. He does not feel that this ordinance will by itself hurt small businesses, but it is just one more factor pushing businesses out of the area. He does not want the burden put upon the businessman to police their businesses and enforce the ordinance. 337.5 Mayor Martin asked Mr. Bassett what he thought would motivate the future ban on smoking Mr. Bassett predicted. Mr. Bassett felt the continual tide of the non-smokers in that direction would bring this prohibition about. 337.6 Mr. Vick addressed the Board in favor of the ordinance. He is in favor of clean air and would like other areas of air pollution regulated as well. 337.7 Richard Drake addressed the Board in favor of a smoking ordinance but would like to have this one more clearly defined in an effort to eliminate the ambiguities. He asked for a definition of "public assembly" used in the ordinance. 337.8 City Attorney Rose stated that the meaning of "public assembly" is any structure maintained for or used by the public to gather into a group. He felt a tavern or night club would fall under this definition. 337.9 Coy Kaylor stated that the Arkansans for Non-smoking Rights conducted a pole as did the City. He would like to hear the results of the City's pole. 337.10 Ms. Riley stated that the City provided the manhours for the Arkansans for Non-smoking Rights pole, and in essence, the two poles are the same. October 3, 1989 Gayle Brewer Bronstead addressed the Board opposing the ordinance. As a nail 338.] salon owner, she questions whether her place of business is a "public place" since she owns her own business and can only accommodate one patron at a time. Marilyn Noddle asked the Board what other cities in the United States have a 338.; similar smoking ordinance. Mayor Martin asked stated that the City had looked into other ordinances, and 338.: asked City staff for a report. City Manager James Pennington reported over a year ago, that at current time, there were over 250 communities that had smoking ordinances. The ordinances varied from very minimal to much grayer than. the one proposed for Fayetteville. The ordinance before the Board is a compromise ordinance between what the Board had discussed, the citizens, and the Arkansans for Non-smoking Rights. The ordinance proposed for Fayetteville is not patterned after any specific city's ordinance. Mayor Martin advised Ms. Noddle that the City could provide herwith specific cities that had like ordinances, but that information was not available to her at the Board meeting,but could be requested from City staff 338./ 338.` Tonya Martin, a Springdale resident, owns a business in Fayetteville. She asked 338.E who would be required to enforce the ordinance. Mayor Martin informed her that it would be the police department's duty. Ms. Martin asked why beauty salons and barber shops were excluded from the survey. Ms. Riley, Arkansans for Non -Smoking Rights, addressed the question regarding 338.7 exclusion of beauty salons, etc. She stated that the initial survey was done of restaurants, and that was the pattern that followed. They did not realize' that beauty salons would be required to have designated areas. Wayne Dyer, of the Hush Puppy, addressed the Board against the ordinance. He 338.E stated he felt caught in middle of a moral issue --is smoking "good" or "bad". In his business, he accommodates both smokers and non-smokers to the extent they request. By their absence, they indicate whether the restaurant is pleasing both parties. He feels there is a major difference between a public building and a privately owned business. He feels the business owner should be able to regulate their own establishments, and this is the business owners' right that has been ignored in the discussion of the ordinance. Ben Coody addressed the Board in favor of the ordinance. He felt the ordinance 338.5 should deal with the "reasonableness" of the situation. He was in favor of outlawing smoking in certain parts of restaurants, grocery stores, etc. Dr. Richard Back, a clinical psychologist in Fayetteville, stated that he was 338.1 in favor of freedom and less legislation. However, he feels the government should take a responsible step in protecting the health rights of everyone. He felt the business owners have not make significant changes in the voluntary time period requested to regulate themselves. Terry Joyner addressed the Board stating that he felt fast, food restaurants 338.1 should not have been included in the survey because people are usually in and out so quickly that smoking is not a factor. He felt the Board already had their October 3, 1989 decisions made on the ordinance. He stated that each person's feelings about the right or morality of smoking should not be considered. The board members should vote on the ordinance based on the effects on the City of Fayetteville. 339.1 Jerry Johnson of Mr. Toads addressed the Board opposing the ordinance. He feels the ordinance could drive business out of Fayetteville, as some of his customers have informed him they would go elsewhere if not allowed to smoke. His salon has found creative ways to deal with the needs of both smokers and non-smokers. 339.2 Mayor Martin asked some of the ways Mr. Johnson uses to accommodate non-smokers. Mr. Johnson stated that they schedule early hours for non-smokers when the air is clean, use fans, open doors, employees refrain from smoking at times, etc. 339.3 Mayor Martin stated that Mr. Johnson is already complying with the ordinance. He feels the ordinance is flexible enough for business owners to find ways, as Mr. Johnson outlined, to comply with the ordinance. 339.4 Director Vorsanger asked why the Board should pass legislation to enforce this non-smoking ordinance if the businesses are already making accommodations for non-smokers. 339.5 Ted Danish, representing Cafe Santa Fe, addressed the Board against the ordinance. He felt the business people were not opposed to complying with the ordinance rather against complying with the spirit of the ordinance. He felt barriers would be required to protect the rights of non-smokers. He fears this ordinance could lead to other areas where businesses could be regulated and told how to conduct their places of business. 339.6 Michael Parker, a social worker with a background in addictions, addressed the Board in favor of the ordinance. He stated that smoking was one of the hardest addictions to break, and he is concerned about the results of abusing children and others by smoking around them. 339.7 J. D. Fotee of Fayetteville addressed the Board suggesting that one night per week be designated as non-smoking in businesses as an alternative to the proposed ordinance. 339.8 Joe Lytle address the Board against the ordinance because of the too many gray areas. He feels it would put the average citizen in a position to become a "criminal" by trespassing on others' rights. He is concerned about the enforcement of the ordinance. 339.9 Mr. Feeley asked if a sign could not be placed on a building regarding smoking and eliminate the gray areas from the ordinance. 339.10 With no other comments being brought forward by the audience, Mayor Martin asked for closing comments from the directors. 339.11 Director Marinoni stated he was opposed to the ordinance because he felt it was not in the best interest of Fayetteville at this time. He is in favor of the free enterprise system, and people can patronize the businesses they choose. October 3, 1989 Mayor Martin stated he felt the ordinance represents a balancing of rights. It protects the rights of both smokers and non-smokers, and he feels no rights , u. are taken away from anyone. "' Director Vorsanger stated he has voted against the ordinance on each of its readings and does not plan to change his mind tonight. His main concern is two- fold: (1) that the ordinance is an infringement upon people's rights regarding who can go where without the right to refuse, and (2) he does not want to pass anything that is unenforceable. He feels the police department has all they can do without being forced to regulate a smoking ordinance. v 340.1 340.2 Director Green stated there were two extreme feelings on this ordinance. 340.2 Being an ex-smoker, he sees both sides of this issue and realizes that smoking is offensive to some people. If based on the economic standpoint alone, smoking would never be allowedin buildings due to the cost of cleanup. He is concerned about the loose terms upon which the ordinance is written as well asabout creating more regulation. He feels there would be some noticeable improvement in the air quality when there is segregation of smokers and non- smokers. He feels that meeting the letter of the ordinance would be easy, and all businesses could comply with the ordinance. He fears that this would be a token ordinance and then be forgotten when holding out for an ordinance with more substance would be beneficial. He feels the ordinance is a good compromise. He feels it would raise the level of awareness of smoking and the need to not smoke in public places. Upon ro11' call, the ordinance failed by a vote of 3-3, with Directors Martin, 340.4 Kelley and Green voting for the ordinance and Directors Marinoni, Vorsanger, and Lancaster opposing the ordinance. FBO CONTRACT AND AIRPORT HANGER The City Staff requested a postponement of two weeks on these two items. There 340._` being no objections, the items were postponed for So weeks. OTHER. BUSINESS Walton Arts Center Bob Kelly, Public Works Director, stated that the Board had awarded a contract 340.E for the design and study of the Walton Arts Center Impact Area in a prior meeting. The reveiw committee for that area consists of a representative from the Arts Center Council, the Dickson Street Improvement District, the Planning Commission, and the Downtown Businessmen. The first phase of the project is the Arts Center parking area Approved at this point by the review committee is some drainage on about the south one-half of the lots on West Dickson Street (the McBride property). The committee has approved some subgrade work on the parking lot on Dickson Street. On October 12 and 13, there will be public meetings and a call-in to get public input on the project. At Autumnfest the committee will have a booth to obtain additional comments. Frank Sharp has volunteered to raise private matching funds for the CityF's funds forawhat would be termed a green space park on the corner of West and Dickson"Streets.t '; JP if 41.1 Frank Sharp, along with Juanita Dunn, informed the Board of the progress with the Integratrated Arts Program and the Walton Arts Center. Mr. Sharp explained that the layout of the Arts Center was designed with much input from the public and impact groups, and he brought a model of the completed center. In working with the the Integrated Arts Program, it was discussed why this concept could not be carried on into the other areas of the center including the parking lots. The center has already had two unsolicited, very generous contributions for the other two corners of the center complex --one for a rose garden on the corner of School and Dickson, and one for a fountain in the other plaza. Mr. Sharp asked the Board for permission to continue working with these groups and the artists on the Integrated Arts Program and then approach the private sector for contributions. 341.2 Director Lancaster asked Public Works Director Kelly if any of the programs indicated by Mr. Sharp would interfere with the required spending of the allocated bond funds by the required timetable. 341.3 Mr. Kelly stated that this was a serious concern of everyone involved, and he felt sure that the timetable for spending would be met. He further stated that the meetings on October 12 and 13 he mentioned earlier would be televised on Open Channel for a direct call-in to the Integrated Arts Project committee. 341.4 Director Lancaster stated that the City had voted to build parking lots. He asked if the City was now being requested to commit funds to build parks. 341.5 Mr. Kelly stated that there was always landscaping and lighting included in the project as he understood. 341.6 Mayor Martin asked Mr. Sharp if he was proposing to work in complement with the Dickson Street Impact Committee which would include representatives of the Dickson Street Improvement District and others including the City. He understood that no additional funding was being requested, and in fact, Mr. Sharp was asking for permission to work with these people who would in turn make the decisions they are supposed to make. 341.7 Mr. Sharp stated that Mayor Martins understandings were correct. 341.8 Director Lancaster stated that the Dickson Street Impovement District was still intact. He questioned who would be responsible for these parks upon completion. 341.9 Director Vorsanger asked if it would be possible to have a meeting to review the overall plan. He was unaware of the fact that the Farmers' Market would be relocated to this site. He already assumed that the Arts Center Council and Foundation were working with the impact area and Mr. Sharp as part of his current responsibilities on some of his committees. He felt if Mr. Sharp could raise money for art projects, that would be great. 341.10 Mr. Sharp agreed and stated he was merely asking to be allowed to be a part of the integrated art project, and he has no intentions of jeopardizing the bond funding. 341.11 Director Lancaster expressed his concern about having already let a contract and not seeing any progress being made on the area given the tight time constraints on the funding. 1 October 3, 1989 Director Vorsanger asked what integrated art involved. Mrs. Dunn stated that 342.1 the integrate art aspect of the Walton Arts Center was really very narrow in scope. As an effort to integrateoriginal works of art designed specifically for the Walton Arts Center into the structure of the building, artists in four states were solicited from Arkansas, Kansas, Missouri, and Oklahoma. Two hundred and forty artists participated initially, and twenty of these were selected and given an opportunity to design a project. This past weekend the judging of these projects was completed, and the winners will be announced at a later date. This is the type of project they would like to have for the garden areas. They are basically wanting to help establish public art for Fayetteville. Director Green stated he felt the integrated art project is an excellent concept. The project is being conducted in conjunction with the architects on the project. He felt there was no conflict with the integrated arts and the programs that were currently in progress. Mayor Martin stated that the integrated arts program is working in close consultation and with the approval of the Dickson Street Impact Committee. Director Lancaster stated he understood the city had already taken possession of the property and wanted to see some progress made on the site and eliminate jeopardizing the tax exempt status of the bonds. City Manager Pennington stated that possession of the site will be ruled on bythe court of appeals in about two weeks. The City is building the parking lots and will be trying to get the integrated arts project onto this tract of land. This is the area Mr. Sharp is seeking permission to help with. Mayor Martin stated that it was the concensus of the Board that Mr. Sharp can work in conjunction with the existing committee structure at the Arts Center site. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 9:47 p.m. e 342.2 342.3 342.4 342.5 342.6