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HomeMy WebLinkAbout1990-02-20 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Tuesday, February 20, 1990 at 7:30 p.m. in Administration Building at 113 West Mountain Board of Directors was held on the Directors' ,Room of the City Street, Fayetteville, Arkansas. PRESENT: Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., Shell. Spivey and Fred Vorsanger; Assistant City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; 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 time under discussion. He asked that those wishing to speak introduce themselves, give their place of residence, keep their comments concise and non -repetitive, and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. REPORT TO THE PUBLIC Mayor Martin introduced the January report to the public and Board presented by the Assistant City Manager that includes financial information, an update on staff activities, and items of general interest. FINANCIAL INFORMATION Assistant City Manager Scott Linebaugh addressed the Board stating the financial condition of the City was sound with $166,674,023 in assets and $46,828,413 in liabilities. He stated 1990 would be a sound year with Staff working toward a plan to cut expenditures in 1991. FIRE DEPARTMENT Linebaugh stated four members of the Fire Department attended a twelve hour school on hazardous materials and five members of the local Hazardous Materials Response Team attended a one day seminar on Advanced Methods of Identifying Unknown Hazardous Materials. JOINT PROJECTS WITH THE UNIVERSITY OF ARKANSAS Linebaugh stated the City and the U of A were working together on several projects including the Intern Program, fraternities, sororities, ROTC, professors, and students who help volunteer considerable time on projects dealing with the Parks and Recreation Department and throughout the City. Other projects the University and City work on together are the Center for Continuing Education where the City owns the building and the University leases it,. the Walton Arts • February 20, 1990 Center, fire service provided to the University main campus without any financial compensation, cooperation between the University and City Police Departments and in particular at this time working on a drug enforcement program. The City also cooperates with the University on football game traffic control. The University sponsors the Northwest Arkansas Police Institute which takes several departments throughout Northwest Arkansas and trains them. The University also helps on Parks and Recreation activities such as the Easter Egg Hunt and the Five Mile Turkey Trot that the City sponsors. There are also departments such as the landscaping department that helps the City on the Fayetteville parks. There is a joint landfill contract for our solid waste, and the University is beginning an in-house recycling program to go along with the City's program. UNIFIED DEVELOPMENT ORRDINANCE The new draft of the Unified Development Ordinance has been received by the City from the RM Plan Group and copies have been distributed to the Planning Commission and the Board of Adjustments. AIRPORT The airport made a presentation to the State Aeronautical Division and received matching funds for federal projects in the amount of $74,600. WATER AND SEWER There were about 60 jobs completed during the month of January on water meter and sewer mains maintenance that was finalizing the damage occurred during the December freeze. Forty-two sewer taps were completed during the month. This caught the department up on the sewer taps after being weeks behind. STREET DEPARTMENT During January, 36 tons of hot asphalt mix using the new pot hole patching truck was placed. There were 336 curb miles swept with the new sweeper. There was 11 miles bladed and graveled utilizing 474 tons of gravel. There were also 51 storm drains cleared and 14,220 feet of drainage ditches were cleaned. The dump yard where the compost site will be was also leveled. PERSONNEL The new performance appraisal forms have been distributed. There have been meetings with the department directors and division heads, and these forms will be used for the 1990 raises. HEALTH INSURANCE The City's loss ratio in 1989 was only 7611. However, medical costs have escalated 20-30%. We are working on a cost containment program to help keep costs and premiums down. Therefore, there will be no rate hike in 1990. February 20, 1990. m POLICE DEPARTMENT Linebaugh turned the presentation over to Police Chief Richard!Watson. Watson stated the department had prepared a video outlining some of the things the Police Department gets involved with. The Board and audience viewed the video. Watson stated for the month of January, the Police Department arrested 574 people --35 of these juveniles. Of the 574 total, 41 were drug related arrests. The department is involved with the drug education program DARE (Drug Abuse Resistance Education) with the Fayetteville public schools. Each week a presentation is made to the fifth grade classes. They give 96 sessions and reach approximately 600 students. This is the first year for this program, and Fayetteville is participating in only the second DARE program in the state. There were 398 warrants served, and 1,299 traffic tickets were issued. Watson then cited some statistics showing the differences between departmental activities comparing 1988 and 1989. Traffic tickets issued increased by 12.4%, up 33.1% for the past 3 years. He stated Fayetteville was the number one city in the State of Arkansas forissuing traffic tickets for violations of the child restraint law. Arrests were up 36%, and up 50.6% for past 3 years. Warrants served increased by 29.5% increase, and 65.5% increase for 3 years. Drug arrests were up by 96.8%, and for the three year period, the increase was 300.9%. Training hours have increased by 95.4% and 84.9% for a 3 year period. The crime rate in 1987 went down to 13%. In 1988 it went down an additional 1%. The stats for 1989 are not completed yet, but he does not anticipate another decrease because there are more crimes being reported than in the past. The department answered over 21,000 calls for assistance in 1989. Of all the calls to the City, 90% are directed to the Police Department. Watson stated Fayetteville had the most professional department in Northwest Arkansas, if not the state of Arkansas. Fayetteville has the best trained department in Northwest Arkansas. The department continually strives to improve. Marinoni asked if the Chief attributed the increase in drug offenses to the fact that drugs are more prevalent from one year to the next or because of the enforcement of the drug laws by the department, or both. Watson stated the drugs have been there, but he feels the enforcement has been much more effective with emphasis being placed upon drug trafficking. Vorsanger asked what changes have been made in staffing over the past few years. Watson stated the department had the same number of staff since he became chief. The department is very overworked. He pointed out to get one officer on the street for a 24 hour period, you have to hire five people. 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: • February 20, 1990 A. Minutes of the February 6, 1990 regular Board meeting; B. A resolution awarding a two-year contract to Motorola Communications & Electronics, Inc., at a cost of 846,538.40 per year for the maintenance of the 800 Saartnat Radio System; 01-11 Staff recommends award of the contract to Motorola based on the facts that they (1) met all the special terms and requirements of the proposal, (2) have provided timely and excellent service for the past two years, and (3) they were the sole respondent for requested proposals. RESOLUTION 21-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR C. A resolution awarding Bid #89-58 to Steve Smith Country of Springdale, for one (1) Four wheel Drive Utility vehicle to be used by the Engineering Tech II in the amount of $16,936.00; 12-15 Staff recommends award of this contract and recommends the four wheel type vehicle based on the usage required. This is a budgeted item in the 1990 budget. RESOLUTION 22-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D. A resolution awarding a contract with the Area Agency on Aging to provide funding for the Elderly Taxi Program.; 16-32 Staff recommends the renewal of this contract which will provide a $4,000 grant for the program that supplies $2.00 coupons to eligible individuals to use to pay taxi fares. The funding level is the same as in 1989; both years the funding has been supplemented by a $5,000 grant from the Community Development Block Grant. RESOLUTION 23-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E. A resolution approving an engineering contract for the Applebury Sewer Replacement Project in the amount of $12,800 to McClelland Consulting Engineers, Inc; 33-41 RESOLUTION Staff recommends award of this contract for the replacement of approximately 1500 feet of existing sewer mains. These mains have presented the City with major maintenance problems and are scheduled for replacement in 1990 as part of the general sewer system rehabilitation program. 24-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK February 20, 1990 F. A resolution approving the contract and participation with Washington County to improve Fox Hunter Road from Highway ,45to the entrance of the Wastewater Treatment Plant; 42-47 Staff recommends approval of this contract with a cost to the City of .$15,000. At the October 15, 1985, City Board meeting, the Board appropriated $13,500 to make repairs and improvements. The construction of the plant is complete, and the improvements need to be made. Funding is available in the Sewer Plant Budget under 'Direct Cost' which contains $179,000. RESOLUTION 25-90APPEARS ON PAGE. OF ORDINANCE AND RESOLUTION BOOK G. A resolution approving a T -Hangar Lease with Continental Ozark for one year, with five one year options; 48-55 Staff recommends approval of this lease. The compensation is $141.00 per month, for a total of $1,692.00 annually. -RESOLUTION 26-90APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK H. A resolution awarding bid #90-1 to Fayette Tree & Trench in the amount of $169,791.25 for Water Line Replacement on Wood Avenue; 56-59 Staff recommends approval of the expenditure for the project to the low bidder, Fayette Tree & Trench. The water line has been source of maintenance problems over the past two years. The will be carried forward from 1989 funds that were not used project. a major funding for the RESOLUTION 27-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Kelley, seconded by Vorsanger, made a motion to approve the consent agenda. roll call, the motion passed by a vote of 7 to 0. ARTS CENTER PARKING. PROJECT Upon The Mayor introduced a report by David Cox, Public Works Transportation Manager, on the history and status of the Arts Center Parking Project. David Cox addressed the Board stating all of his research and findings is included in the written report that was included in the agenda (a copy is on file in the City Clerk's office). He stated the project was a result of board actions that took place a number of years ago when the community was looking to locate the Walton Arts Center. Several locations were looked into, but the directors realized that locating the Arts Center on Dickson Street would provide a good location for the center and do a lot to revitalize Dickson Street. The Dickson Street Improvement District was created with the power to assess itself to build parking for the Arts Center. About a year after the improvement district was • February 20, 1990 formed and the assessments were being made, a dispute started among citizens as to the formation of the improvement district. There were two separate citizen groups: (1) The Dickson Street Improvement District (DSID) made up primarily of businessmen on Dickson Street who remembered the history of Dickson Street and when it used to be the center of town and of activity; and (2) Homeowners who were included in the improvement district and were being assessed to pay for the parking and improvements being made to Dickson Street. They could see no direct benefit to them by paying these assessments to build parking on Dickson Street. They filed a lawsuit called •40 Citizens', and they were also known as the Citizens Against Unfair Taxation (CAUT). After so much trouble, it looked as if the improvement district would be unable to fund the parking to which they had committed. Both groups turned to the City Board to see if they could do something to resolve the dispute between them. The Board mediated and helped solve the problems. In addition, the Board took on the responsibility of providing parking for the Arts Center leaving improvements of the Dickson Street area to be made by the improvement district. The Board then authorized the study of the Dickson Street area as to improvements and the planning and construction of parking and contracted with an urban planner. Before the study was completed, City Staff made the Board aware that there was potential problem with construction bonds where $105,000 was needed to be spent as quickly as possible to avoid the possibility that the bonds might lose their tax exempt status. The Board acted quickly and authorized the plan group to act on work that could be constructed, and the funds were spent. The last action the Board has taken involving this project has been to the responsive citizen groups, specifically the one led by Frank Sharp, where the Board authorized them to work with the Impact Review Committee in resolving some questions regarding the development of the site at Dickson Street and West Avenue. Cox showed a slide presentation he had prepared showing the boundaries of the center and structures and features currently on the land. He pointed out that the DSID was formed to provide parking for the Arts Center. Proposals were developed, and the first one stated that 500 spaces would be provided. He went to John Merrill, Planning Management Director, and asked him how many spaces the city ordinances required for the facility. Merrill stated based on size and seating capacity, the ordinances require 409 parking spaces. The 500 space figure came from a quote by architect John Mott in a letter to the City in 1986 when he was asked to evaluate the three different sites for the arts center. When he evaluated the square site, there was enough parking on the square, so parking was not considered in the evaluation of the site. The same thing was true when he evaluated the Dickson Street site because it was assumed that parking would be provided by the improvement district. When he evaluated the Wedington Street site, there was no parking there or to be provided by any third party. He estimated that the parking needs would be 500 spaces, so this number has continued to be the reference number. The DSID authorized a plan study that was done by the EDAW Group. At this point, controversy began with the CAUT group again. After being petitioned, the Board released DSID from their obligation to provide parking, and the improvement district waited for the Board authorized study to be completed which should be ready soon. February 20, 1990. The City contracted with the RM Plan Group of Nashville, Tennessee, and asked them to conduct three public workshops for gathering information from citizens and for disseminating information to citizens. They have done that in a workshop in October where citizen input was requested. The workshop in December is where they presented their conceptual proposals derived, in part, from the information gathered at the first workshop. This was a very positive workshop with much support by the public. They did'request that the City authorize an engineer or an architect to investigate the structural integrity of the two foundations on the site in order to try and conserve the funds for the project. Being a licensed architect, Cox stated he had undertaken this project. He presented elides showing the degree of deterioration of the buildings. He gave his report of the buildings to the RM Plan Group and stated there was basically no way to preserve and utilize the structures. The third workshop was held on February 8 with over 100 people in attendance. The RM Plan Group made their presentation and recommendations to the City. (Cox pointed out that the drawings of the recommendations are on display in front of the Planning Office in City Hall.) Cox outlined some of the proposals made by the RM Plan Group. They suggested utilizing indigenous trees and locate them according to blooming cycles so that the blooming started at highway 71 and progressed down Dickson Street as the spring and summer seasons progressed. They have also recommended incorporating historical Arkansas quilt patterns into the intersections. They have also recommended incorporating tiles in the sidewalk and make the tiles name plates of individuals who would donate to the project. They have recommended that the stone arch and wall be maintained in the urban plaza. This proposal was shown at the third workshop. Afterward 22 citizens organized by Frank Sharp got up and requested that the spring be incorporated into the project. Efforts have been made to do this, and preliminary recommendations have been made by the RM Plan Group. Several pieces of property had to be acquired by the City to located the Arts Center parking --the McBride properties; the Pearson properties are in condemnation proceedings at this time; the DSID property that will be purchased when funding is available presumably when the capital improvement bond funds are available; and the Wick-Hargus property on the north side of Dickson Street that will be purchased when funds are available. The idea of making the proposed area into a park began in the 70's when it was a student project. In 1984, the site was declared to be an Arkansas Archeological Site by the Arkansas Archeological Survey. This does not present any legal restrictions, but they do ask that the historical and archeological significance be taken into account. The spring was tested to make sure it waspureand not a leak from water or sewer mains. The spring tested out very well and is indeed spring water. Cox showed a preliminary urban park plan. At the last workshop, it was the overwhelming consensus of the people in attendance that they wanted alternatives looked into for incorporating the spring. RM Plan Group sent him today three alternatives: (1) the alternative they have presently shown, (2) extend the park south to incorporate the area of the spring, or (3) a spring house be built in the middle of the parking lot. Jack Springborn has presented a fourth alternative. • February 20, 1990 Jack Springborn stated he started out supporting the park along with Frank Sharp particularly from the standpoint of historical archeology and the University. He stated he understood he was speaking for the impact committee. He recommended preserving the spring and duct the water to the southwest corner of the park. Elevations indicate that this is feasible, but a small pump could be provided if necessary. He further recommended that the spring brick cistern be carefully torn down and reconstructed to receive the water in the park with a final duct to the creek. In addition, he asked that the balance of the masonry in the proposed site be stabilized and preserve the west wall and arch. Lastly, he recommended that the historical nature of the spring be emphasized in the park scheme and add it to the City's historical district. Cox stated he was intrigued by Mr. Springborn's suggestions because it means the spring can be retained without increasing the size of the park. Jim Ulmer, the engineer on the project, stated this was technically possible. This has been done before when archeological sites have been relocated a short distance and still retain their designations. Cox stated that the Parks and Recreation Advisory Board's recommendation on the park was provided in two documents that the Board has at this time. On November 21, the Advisory Board stated they would be opposed to any proposal that planned for the development of a park facility that was not included in the City's master park plan and would eventually be a financial responsibility for the City of Fayetteville. In their regular meeting of February 19, they passed a motion endorsing the concept of another public green space as long as city funds were not involved in having to construct or maintain the facility. Cox stated he asked Dale Clark what his opinion was of having to maintain the facility. Clark had stated that it would cost from $15,000 to $30,000 per year to maintain the area, and there are no funds available for it to become a city maintained park. He stated there was a recommendation from Carl Collier, chairman of the DSID, endorsing the concept by Mr. Springborn but would not be in favor of a larger park that they would have to maintain or construct. Green asked if the gravity flow does not handle the spring water, would the use of a pump underneath the parking lot create any problems. Cox stated access would have to be made available. However, it is possible that the pump could be located off the edge of the parking lot. He does not think cost would be affected greatly. Martin thanked David Cox and Bob Kelley for this report. Frank Sharp addressed the Board thanking David Cox for the report. He stated on November 21, the City stated they were going to move the parking toward Dickson Street which would pave over the spring. He has been very concerned about this and is asking the Board to do three things tonight: (1) not increase the size of the park, (2) that the spring be preserved, and (3) look at preserving what ruins that can be used and add to the park. He stated there were several people in the audience that were in favor of saving the spring. He asked that each one address the Board and state who they were representing. Members of the audience that addressed the Board in favor of saving the spring included the following: Thelma G. Fuller, Chairman of the City's Historical District Commission; Cindy Pierce of Whimsicals Gallery and Gifts on Dickson • February 20, 1990 Street, Lorene Raymond,. President of the Home and Garden Club of Fayetteville, Jerry Hilliard, an archeologist; Margie Wagoner of George's; Sarah Pollard representing the Farmers market; Juanita Dunn; Dan Goody representing the Sierra Club; Peter Roe, contractor and owner of the Davidson Mansion in the Washington Willow Historical Development District, who is working with a local landscape architect on matching federal funding for greenspace development; Patricia O'Leary from the School of Architecture at the University of Arkansas; Sandy Strong, a student at the University of Arkansas and member of the Anthropology Club; Sue Madison of the Fayetteville Garden Club; Bruce Walker of the Flying Possum on:Dickson Street; Donald House; and Anna Littel. • Sonya Decker,.a member of the Arts Center Council, addressed the Board stating they had been directed to locate the Arts Center on Dickson Street with the assurance that parking would be provided by the Dickson Street merchants. Access from the parking to the Center would be lighted and safe so everyone would have a wonderful feeling about coming to the Center. The park is adding to this fine atmosphere. When the Arts Center Council started to plan the building, they engaged the EDAW Plan Group who worked with the architect from Atlanta and together the Arts Center Council and the DSID paid for this study. The EDAW plan called for parking on the west side as it is now and on the north side of the buildings that exist in the 400 block of Dickson. However, the first plan also provided for walkway which would have been provided by eliminating one building in the middle of the row of buildings and perhaps have been turned into an arcade and would have provided a lighted access in the middle of the block. They directed the architect to design the building with two entrances --one to the west which would have access to the west parking lot, one to the north that would have access from this arcade walk-through. The plan submitted by the latest plan group does not include that walkway. She understood that it had been pointed out to them, but they said it was not economically feasible. This safe access was promised by the University and the City to the citizens. She would like this to be taking into consideration before the plans that have been presented are adopted. Martin stated this had slipped his mind, and he appreciated Mrs. Decker bringing this matter to the Board's attention for consideration. Vorsanger agreed and asked that consideration be given to closing of West Avenue between Dickson and Spring Streets. Ron Buinpass addressed the Board stating he had provided them with a list of suggestions that did not address the park or parking lots other than in an ancillary way. He is not addressing the Board in any official capacity with the DSID. He made the following suggestions that would enable the Dickson Street area the Arts Center to be successful: 1. A property tax freeze for property in the impact area for 10 years with a second 10 year period where taxes would not increase by more than 10% per year; 2. Establish a Shulertown advertising and management fundandutilize a main street management approach; 3. Parking revenue funds from gated parking lots, meters, and fines for improper parking in the impact area; February 20, 1990 4. For the parking lot on the north side of the 400 lot of North Dickson, Staff should soon be approached with a cooperative agreement among several parties that would require the immediate acquisition of the Hargison-Witte properties; 5. Requested that the Raby Group identify as many as 3 selection sites for a high rise residential facility that would allow for commercial development on the street floor; and 6. Change or deviation in the sign ordinance in the impact area that would allow for moving electronic and neon signs, etc. Martin asked that these suggestions be conveyed to Mr. Raby for his consideration. Robert Reus suggested incorporating parking lot across from City Hall (3 blocks from the Arte Center site) in the plan for the Arts Center by having free parking rates in this lot and discounts to senior citizens and the handicapped. Martin suggested a transit or shuttle system might be used in this type of parking arrangement. He stated the Board appreciated everyone's input. He asked if the Board needed to take any action on this item. Bob Kelly stated the final plan is not ready from the RM Plan Group, so Board action would be premature at this time. Martin asked what timeframe is anticipated for a final report. Kelly stated the second phase of the project, the working drawings, has not been authorized at this time. Authorization is not anticipated until the funding which is tied with the bond issue is available. Vorsanger stated he felt the Board owed the people some indication of how the Board stands. He stated he wanted to save the spring, but he does not feel the City should have to pay for the project. He felt the DSID was set up for this very thing --to improve that area. He stated they were also set up to provide the parking spaces, and regardless of what anyone says, the City bailed the DSID out of the parking requirement. He thinks the DSID should buy the land at the cost of $60,000 that the City is negotiating for which includes the spring, and they can plan their park. He read part of a letter from Susan Raymond who feels the cost of the park should be carried by the DSID. He stated the 1990 budget has alternatives of closing 3 existing parks, and he does not feel it would be equitable to look at opening a new park. Marinoni stated there were two options: (1) a large parking lot with no spring or (2) a smaller parking lot (100 spaces smaller) including the spring. He would like to save the spring, but feels a compromise can be made to leave the spring in the parking lot in the form of a landscape island, etc. Bob Kelly stated this suggestion was one of the three presented by the RM Plan Group. Director Kelley asked Frank Sharp if what they were seeking tonight was for the Board not to cover up the spring and support the saving of the spring in the planning process. Sharp stated this was true, but he would also like to see that the rock wall and masonry arch incorporated into the park. February 20, 1990 Green stated he also felt official action might be premature. He stated he felt the City would not pave over the spring without a real good reason, and he has not seen a reason to cover it up to date. He agreed that the proposals and suggestions needed to be forwarded to the planners for incorporation. Martin asked Bob Kelly if there were any plans at this time to pave over the spring. Kelly stated there were none atthis time. Lancaster stated the Board got involved when the DSID bogged down. He was the Board member who made the motion for the City to pay for the 500 parking spaces. He had no visions of spending city money to develop a park. He suggested making parking spaces up to the wall, arch and spring, and if there were not enough spaces, go to some other area and construct additional parking spaces. Martin stated there was no action forthcoming at this point. The Board appreciated the comments, and the Board is sensitive to the preservation of the spring and architectural structures. RECESS The Board recessed at 10:00 p.m and reconvened at 10:10 p.m. REZONING. APPEAL The mayor introduced consideration of a rezoning appeal as presented in Rezoning Petition R90-1 requested by the Krupas and the Lynches. Size of Parcel: 10 acres Location: West of Highway 71 Bypass and North of Old Farmington Road Fronting on Shiloh Road Property:owner: John & Irene Krupa and Frank & Mary Lynch Change requested: From R-2 "Medium Density Residential" to C-2 'Thoroughfare Commercial' • Planning Commission Action: Denied rezoning by a vote of 8-0-0. Petitioner has filed this rezoning appeal because they have an offer from BioTech Company to purchase contingent upon rezoning. BioTech plans to construct a new building that would employ 10 to 12 employees. Rezoning was denied on the basis that it would conflict with the major land use plan for the area. Mr. Pete Canfield, representing the petitioners, addressed the Board. He stated he had several reasons why this should be rezoned: (1) the owner will give Bill of Assurance that if construction is not completed ina reasonable length. of time and in compliance with the city code, the property could be reverted to.R-2; (2) C-2 is the best zoning for BioTech according to city code; (3) BioTech is not February 20, 1990 a thoroughfare commercial business; (4) BioTech is not a polluting type business; (5) BioTech has outgrown its present location and wants to relocate with visibility from the 71 Bypass in an area where their architecture would blend with the tree line and terrain; (6) BioTech is considered a small business; (7) this is a hi -tech company and would not cause a congested area; (8) BioTech plans to extend, upon City approval, the required size and location of a water line from old Farmington Road to the connecting part of their 10 acres; and (9) BioTech wants to stay in Fayetteville and want to blend their business of maintaining health into the area. Green asked if the new commerce park the City is considering would be an appropriate location for BioTech. He stated Mr. Benedict, the owner of BioTech, has spent two years looking for a piece of property that ideally suited his intentions and preferred to stay in C-2 zoning rather than industrial. Dale Benedict stated that the Planning Commission's vote was unanimous in denying the rezoning. The request before the Board is different in that he is requesting rezoning for only 10 acres and not 30 acres as the owners of the property had originally requested. He expressed his desire to retain the beauty of the Fayetteville area. Lancaster stated if the appeal is different that the original rezoning request, then the matter should be sent back to the Planning Commission. He made a motion, seconded by Kelley, to send the item back to the Planning Commission . Vorsanger asked if this was considered new information for the Planning Commission to consider. Jerry Rose stated that the Planning Commission minutes stated that Mr. Merrell had brought up the option to rezone only the northern 10 acres and leave the balance of the property at R-2. Apparently the Planning Commission turned down this option. Benedict stated he had talked with Mr. Hanna of the Planning Commission and Hanna stated that if only the 10 acres were presented along with the bill of assurance, he felt that the type of business would be acceptable at least to the majority of the Planning Commission. Kelley stated the Board wanted to definitely encourage the expansion of his business and that he remain in Fayetteville. Marinoni stated he would be abstaining from the vote because he was an adjoining property owner. Upon roll call, the motion to return the item to the Planning Commission passed by a vote of 6 to 0 to 1, with Director Marinoni abstaining. YOUTH CENTER POOL RENOVATION Mayor Martin introduced consideration of a resolution awarding a new contract for engineering services on the renovation of the Youth Center Swimming Pool with Crafton, Tull, & Associates. 1 February 20, 1990 The study phases I and II are completed,and the renovation is much more extensive than originally projected. The original proposal was for $42,500. After completion of the study, the total contract proposal is for $54,600 to coverthe additional work required. Both the Youth Center Board and the Parks and Recreation Advisory Board recommend this contract. Funding for the project is from the sales tax bond issue. The engineering portion of the project can be funded from 'pay as you go' funds. If the bond issue is not approved, lower ranked projects will be displaced in the 'pay as you go' category. Linebaugh stated that it makes no sense to proceed on with the balance of the engineering process if the Board is not behind spending the entire amount required to upgrade the pool the way it has been recommended. The spending of the $800,000 comes with a recommendation from the Parks Board and the. Youth Center Board. Bob Kelly stated the Board had wanted to know if improvements were made to the building, did everything have to be brought up to code. He stated the appraised value of the building is $175,000. The current estimate of renovation to bring everything up to code and to essentially a new facility is $811,000, which makes a total value of $986,000. The estimated cost of a new facility is $1.4 million, which does not include land or professional fees. The building code states that if alterations in a 12 month period are made in excess of 50% of the value of the building, then everything has to be brought up to code. He felt the City should attempt to bring up to code handicapped access and proper facilities for the Youth Center. Marinoni stated that the original figure was around $445,000 and that surely the approximate additional $400,000 was not just for code compliance. He asked what the figure would be to go back to the original $445,000 and add on just code compliance costs. Mr. Ryel, of Crafton & Tull Engineers, stated the original figures were specified in the request for proposals and were in the neighborhood of $186,000 for repairs. As. specified in the proposal initially, they felt this did not address the total problem in the structure and to bring the structure up to current codes, which is required by the Standard Building Code, the expenditure would be much greater. He stated the current estimates have very little luxury items. He stated 95% of the expenses would be incurred to bring the facility up to current building and health codes. Director Green stated the Board was trying to separate the 'needs" from the 'wants' and the costs associated. On one side the Board is trying to cut $800,000 out of the budget, and on the other side theBoard is being asked to justify spending more than they would have to on the pool renovation. • Ryel stated without recompiling figures, he could not give them a numberat this time. He stated the improvements had been recommended under an austere approach from the very beginning. The pool equipment is required.by the state health department and their minimum standards have not been exceeded: He stated there February 20, 1990 were a few items that were not absolutely essential, for instance a new diving board and the lining for the pool. Green asked if he thought it was possible to meet the codes without adding on to the building. Ryel stated it would not be economically feasible to do so. He stated the dressing rooms were situated in such a manner that expansion of them would be very costly. Green stated the latest breakdown of January 15 had a total project cost of $823,316. He asked if this was just the construction cost and asbestos removal, surveys, and architect and engineering fees would be additional making a total cost of $906,876. He wanted to know what items could be deleted and still make the project work but at a lower cost. He stated he had a problem spending this much money in light of the current budgeting constraints, but he saw no alternatives. Bob Kelly stated he understood the project cost to be $727,000 and then with the additions, the price would be around $811,000. Martin stated there was about $219,000 for dressing rooms that were not included in the original estimates. Ryel stated he could revise the estimate to bare necessities, which would include things like concrete floors throughout and bare minimum finishes. The Youth Center Board had indicated that this was not the desired level. In response to Martin, Ryel stated the contingency and general condition figures were all backed and within the industry standards. Vorsanger asked what •general conditions• was. Ryel stated it was an architectural term but refers to items listed and outlined in AIA documents and include temporary facilities for general contractor, mobilization and demobilization for the general contractor, testing of materials and products, supervision by the general contractor, insurance on the project, and project bonds. Vorsanger asked if the money was coming from the bond issue. Linebaugh stated it was. Vorsanger stated that the construction project is still dependent upon a vote of the people. Marinoni stated he would like to see the cost of the project stay in the $400,000 to $450,000 range. Green stated that it was probably that $450,000 will simply not get the job done. He stated the Board needed to make sure that when the bond issue goes before the people that they are satisfied with the scrutiny the Board takes on the projects. Martin asked Green based on his experience as an engineer if there was another approach possible that might end up with the same result with a lower dollar figure if the project was approached on a phase basis rather than approving the whole project at one time. Green stated it could probably not be phased unless done every 12 month period, and this would nickel and dime the City to death. He stated it would be inappropriate for him to try and second guess a better February 20, 1990 method when Crafton & Tull had researched the project. He felt Staff should be asked to meet with the Youth Center Board and Parks Board members and the architect and engineer and make sure that each line item of the proposal is necessary. Kelley stated he agreed with Green. He feels the City should support the pool and make the necessary changes to bring thepool to code so that there is no safety or health hazard. He agrees with the reluctance to spend big dollars, but it is the City's responsibility to maintain City facilities. Spivey agrees with Green as well. He stated the pool was typical of a lot of the city's infrastructure --old and pretty well worn out. The sales tax is generating $4.7 million, but there is a need here for almost $1 million just for the pool. This fact shows that the 'pay as you go• method will never allow the City to complete the necessary projects required to function. This is a prime example why it is so essential to pass the bond issue. Martin asked Linebaugh if Staff has conducted a line -by-line evaluation of the proposal. Linebaugh stated that Staff has gone through and looked at each item, but not to check out if everything is required by the codes. Martin asked that the proposal be looked at considering two tests: (1) is the work required by the health code and (2) is the expenditure really necessary to make it functional. Howard Hamilton, President of the Fayetteville Youth Center Board, addressed the Board stating the Board has asked many of the same questions that the Youth Center Board asked. The Youth Center Board has been wresting with this for several years. The pool was built in 1964 and has reached its useful life. The Youth Center Board looked at each line item and were not happy with the costs. However, there are no frills in the proposal. They felt this was the best proposal that could be made. The staff at the Youth Center conducted a utilization study which showed there was about 2,400 people per month that use the pool. Martin, seconded by Green, made a motion that consideration of the item be postponed until Staff has had a chance to review the architect and planners materials one more time and give the Board recommendations on the necessity of every item. Tip Benedict, a Fayetteville High School swimmer at the pool, addressed the Board and requested that the pool be renovated. Lancaster asked if there would be any advantage to expanding south rather than going east with the building. Ryel stated they had looked at that possibility, but it would be very expensive because of the hill. The foundation of the structure is deeper on the south side of the building, and any addition would have extensive below grade structural work. Marinoniasked if Ryel would make an estimate of what it would cost to extend the flat roof south and expand that direction. Ryel stated the structural • February 20, 1990 expense would be expensive. Any dressing areas need to be on the pool level to meet handicapped access requirements. Upon roll call, the motion to postpone passed unanimously. LOGO SIGNS Mayor Martin introduced consideration of a resolution supporting the installation of Informational Logo signs in the U.S. 71 Highway Bypass right of way. Staff recommends support of the concept of installing the signs at appropriate locations within the U.S. 71 Bypass right-of-way. This would reduce the possibility of a proliferation of signs, resulting in fewer sign ordinance appeals, and preserve the scenic beauty of our bypass corridor as well as promote traffic safety, and generate revenue for the Fayetteville business community. Linebaugh stated this arose from problems with two current signs that are right off Highway 62. The Board of Sign Appeals and the Planning Commission reviewed the sign policy and agreed no new signs of the type that currently exist are legal, and they recommend the logo sign system. This is just a request of the Highway Department and no guarantee that they will comply. This will generate revenue from them and promote traffic safety. Director Marinoni, seconded by Kelley, made a motion to approve the resolution. Ray Jones, owner of the McDonald's franchise in this area, addressed the Board. He was denied a request for an off -premises sign about six months ago. At the Board of Sign Appeals meeting, it was suggested that this particular avenue be pursued. From a business standpoint, he supports the concept. Upon roll call, the motion passed unanimously. RESOLUTION 28-90 APPEARS OM PAGE OF ORDIMANCE AND RESOLUTION BOOK BID WAIVER/WALTON ARTS CENTER/LEGAL SERVICES Mayor Martin introduced consideration of an ordinance waiving competitive bidding for legal services rendered in conjunction with the Walton Arts Center bond issue and a resolution approving the payment for such services to the Rose Law Firm. Rose Law firm prepared a letter ruling request to the Internal Revenue Services on behalf of the City to preserve the integrity of the bond issue regarding a possible arbitrage problem. Competitive bidding was not requested for this project initially because of the Rose Law Firm s intimate knowledge of the project and the costs were anticipated to be under $10,000. Delays in completion of the letter ruling have resulted in costs above the $10,000 limit, so Staff recommends that a bid waiver be given for legal services rendered on the project. ) February 20, 1990 The ordinance was read for the first time. Director Marinoni, seconded by Kelley, 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. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3470 APPEARS ON PAGE /22 OF ORDINANCE AND RESOLUTION BOOK A)CV BID WAIVER/PUMP STATION.AND TANK TELEMETRY-SCADA SYSTEM BID WAIVER II: An ordinance waiving competitive bidding for the purchase of a SCADA System (Pump Station and Tank Telemetry). and a Permanent Sewer Flow Monitoring System. Staff recommends this equipment for the overall sewer rehabilitation program currently underway which was mandated by the EPA Administrative Order to the City. Due to the highly technical nature of the equipment, ETC Engineers, Inc., recommend prequalifying the vendors and allowing only these prequalified vendors to participate in the bidding process. The ordinance was read for the first time. Director Lancaster, seconded by Marinoni, 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 Lancaster, seconded by Green, made a motion to further suspend the rules and place the ordinance on its third and final reading. The City Attorney read the ordinance for the third time. ORDINANCE NO. 3471 APPEARS ON PAGE / g3 OF ORDINANCE AND RESOLUTION BOOK X XV PERSONNEL POLICY Mayor Martin introduced consideration of a resolution adopting the new Personnel Policy.. The current Personnel Policy has not been updated since adoption on March 19, 1985. After many months of research and study, Staff recommends adopting the proposed Personnel Policy. This plan has been a joint effort between the Personnel Officer, a personnel policy committee, and City staff. Vorsanger asked Don Bailey, Personnel Officer, if any changes had been made in the policy since the agenda session. Bailey stated there had been no changes. Kelley, seconded by Vorsanger, made a motion to approve the personnel policy. Upon roll call, the motion passed unanimously. RESOLUTION 29-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS February 20, 1990 LETTER TO THE EDITOR Lancaster asked if the letter to the editor they had been given was from the local newspaper. Vorsanger stated it was from the Arkansas Gazette. Lancaster made a request that the letter be published in the Northwest Arkansas Times. MITCHELL OIL FIRE Green stated he had received several phone calls after this fire commending the fire and police departments. He thanked the departments for doing a great job. ADJOURNMENT The meeting adjourned at 11:29 p.m.