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HomeMy WebLinkAbout1990-08-07 Minutes• f MINUTES OF A MEETING OF THE CITY,. BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, August 7, 1990 at 7:30 p.m. in the Directors' Room of the City Administration.Building at 113 West Mountain Street, Fayetteville, Arkansas. '' • ; PRESENT: Mayor William- Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., Shell.Spivey, and Fred:Vorsanger; City Manager Scott Linebaugh., City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press and audience. s` ti ,.. 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, andr 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. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts or leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda". The Mayor explained that there is thought to be unanimous agreement by the Board, but pointed out that any Director may request the removal of an item from the Consent Agenda. The Mayor read the items contained in the Consent Agenda as follows: A. Minutes of the July 17, 1990 regular Board meeting; B. A resolution awarding Bid 90-30 in the amount of $17,565.45 for the materials and installation of seven automatic door operator mechanisms for the commercial terminal building at the Airport; Staff recommends approval of the budgeted item which should lower utility costs and help alleviate pest control problems and will make all 9 doors in the terminal automatic. 251 1 .258 Ay August 7, 1990 RESOLUTION 118-90 APPEARS 011 PAGE OF ORDINANCE AND RESOLUTION ROOK - C. A resolution approving amendment 1 to Federal Grant 3-05-0020- 14 which will increase the City's entitlement funds in the amount of $644,909; Staff recommends approval of the additional funding which was originally approved on September 21, 1989, which provides funding for runway safety area improvements, an emergency generator, additional fencing, lights for an access drive, and airport rescue and fire fighting equipment for Station 3. RESOLUTION 119-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION 3001 D. A resolution awarding a construction contract to Jerry D. Bweetser, Inc., in the amount of $40,527.50 for the construction of sidewalks on South College; Staff recommends approval of the budgeted project which will be funded from the Community Development Block Grant. RESOLUTION 120-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E. A resolution approving a budget adjustment of $14,000 to pay legal fees; Staff recommends approval of the adjustment. The budget adjustment is to cover legal fees to Jim McCord for cases he is still involved with for the City. RESOLUTION 121-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution approving a grant application as submitted to the Federal Emergency Management Agency for a grant of $10,000 to stimulate the development of effective civil defense strategies at local government levels; Staff recommends approval of the grant application and proposal submitted to FEMA for the amount of $27,450. The $27,450 includes the $10,000 grant, a cash contribution of $3,000 in order to meet the 25% matching fund requirement, and an in-kind contribution of $14,450. If the grant is awarded, the $3,000 matching cash contribution will be requested to be funded through General Fund. RESOLUTION 122-90 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK cos:259 August 7, 1990 Director Marinoni, seconded by Vorsanger, made a motion to approve the consent agenda. Upon roll call,. .the motion was passed unanimously. KEETON REZONING 1 Mayor Martin introduced;an ordinance rezoning property located at the southeast corner of. Millsap Road and Hemlock Avenue as requested in R90-18 by Mary Ann Keeton. Mrs. Keeton requested the one acresite,be rezoned from R-1, Low Density Residential,.to C-1, Neighborhood Commercial. The Planning Commission voted unanimously to recommend to rezone to R-0, Residential Office. Mrs. Keeton stated the recommendation would be suitable for her purpose: The ordinance was read for the'first time. Director Kelley, seconded by Marinoni, made a motion to suspend the rules and place the .ordinance on its second reading. Upon roll call, the motion passed unanimously. The ordinance was read for the second time. Kelley, seconded by Marinoni, moved that the rules be further suspended and the ordinance be placed on its third and final reading. Upon roll call,.., the motion passed unanimously. The ordinance was read for the third and final time. - .., Mrs. Mary Ann Keeton addressed the Board to explain that she was trying to sell the property and the question of zoning seemed to be an issue -for any prospective buyer. She explained that when the property was originally purchased by her 35 years ago, it was not even in the city limits, but now there is quite a bit of traffic and activity there. She felt that the only way the property might sell was if it was rezoned to accommodate office space. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3496 APPEARS ON PAGE ,2C,y OF ORDINANCE AND RESOLUTION BOOK XXV CDBG BUDGET Mayor Martin introduced a public hearing to amend the city's 1990 Community Development Block Grant budget in order to conditionally fund the Eason Building Restoration Project and the proposal to establish a nature park just north of Leverett Elementary School. Staff has reviewed possible funding from the current budget from funds that have not been utilized: 260 August 7, 1990 1990 Parks & Recreation 1990 Abilities Unlimited, 1990 Streets 1988 SEFCAC Health Center Inc. $ 11,800 $ 74,000 $200,000 $ 17,500 } Staff proposed several options and recommends reallocating funds from the street project equally between the Eason Building and the park. Mayor Martin declared the public hearing in session and asked City Manager Linebaugh to explain the different options available. Linebaugh stated that the Eason building restoration request was from a group headed by Bob Kelley to restore the outside of the building and the roof. It has been estimated that the total cost of the project for the group would be somewhere around $1 million. The second project was for a park in the Leverett Street area. This money would be used by a group to purchase four acres of land to be turned into a nature park to be maintained by the group itself. Linebaugh explained the City receives a total of approximately $400,000 per year in CD funds, and in order to assist with these projects, some projects already committed to by the City would have to be eliminated or put off until the following year when new funding would be available. He stated that the Board would have to determine the most important projects. Bob Kelly addressed the Board to explain some details of the restoration project of the Eason Building and clear up some misconceptions concerning the project. He stated that the whole concept and intent was to restore and preserve the historic building in downtown Fayetteville, and that the project stood on its own merit. Kelly stated up to 10% of the leasable space in the building would be used for humanitarian or non-profit charitable organizations and that recommendations for such tenants would come from the City of Fayetteville. He explained restoration of the entire building would not be feasible. He stated that he intended to restore the exterior of the building and make the ground floor leasable. The second and third floors would not be seen from the outside and would not be leasable space. He estimated the total project cost to be approximately $315,000. Kelley stated that plans for additional funding were being finalized and several other commitments had been made. Kelly gave a slide presentation regarding the building's make-up and history and projected plans for restoration. a. August 7, 1990 Director Vorsanger asked .Kelly to clarifywhen the building was purchased, and he stated that it was purchased after he was no longer employed by the City. Cyrus Sutherland, architect' and preservation activist, addressed the Board assuring them that contrary to•recent news stories, he had no personal or financial involvement in Mr. Kelley's project. He stated his interest began in the.Fayetteville Square, the prime focal point of city commerce, banking, law, continuing,education, and other cultural activities. He stated it also was becoming an increasingly important retail center, a restaurant area, place for city, county, and federal government administration and the popular Farmer's Market. Sutherland stated that many cities have these activities that he mentioned but not'all have the ideal physical accommodations, mainly the square, for these functions that Fayetteville has. Sutherland explained the important role the Eason building has played in the square's history. He stated Kelly needed the funding to assist in the Eason project and that it would not only aid Kelly, but also add to the flavor of the Fayetteville Square. -,. • • • Tiny Hamilton questioned the amount of square footage on the first floor of the building,and,it was answered approximately 4,500 square feet. Hamilton- stated there are families all over Fayetteville being givendeadlines to improve the appearances of their homes by painting and the like and being told they could apply for loans to do such work, even iffit was not affordable for them to do so. He stated that 60% of the CDBG funds are earmarked for low to moderate incomesfamilies and.he,would rather see 100% of the money go to these families i& areas such as street improvements and health centers. He disagreed with the concept of taking tax dollars to subsidize the projects of private entrepreneurs. He stated that he agreed that restoration of the Eason building would be beneficial but he opposed the project because he felt the priorities should be to serve the people and problems the money was allocated for in the first place. Robert Reus stated he supported the concept of restoring the Eason building, but he also opposed the use of public money supplied by the federal government to do so. He suggested the possibility of using some of the CD money as a loan to be paid back when the project became economically viable. Reus stated the greatest need. for the money was in residential rehabilitation where it had been allocated in the first place. Director Vorsanger questioned loans the City was making to some individuals and asked for an explanation of these loans and how the money was reimbursed. Jan Simco, Director of the Community Development program, explained that the money being loaned is a part of the Block Grant from HUD. 261 •262 August 7, 1990 Vorsanger stated that the funds did not originate from the city taxpayer, and Simco answered that was correct. Simco explained the two phases of the Residential Rehab program. The first was a grant program made available to persons who are elderly, handicapped or disabled. The second is a low interest loan program available to others meeting income guidelines required by HUD. The loans are paid back to the City and put back into the Residential Rehab program. Martin asked Simco if it was not possible for the Eason building project to fit into the guidelines of the Rehab program and the money be allocated as a loan, repayable as a commercial loan, or as an interest abatement loan. Simco responded that this was correct and within the Block Grant regulations, it was up to the city directors to decide how the funds would be made available, whether it be loans, grants or whatever. Director Marinoni asked Simco in the case of an interest loan, who would be the recipient of the interest on the loan, the City or HUD, and Simco responded, as an example, Mr. Kelly would borrow the funding required to complete his project from a lending institution. The City would then subsidize that interest rate in the form of "buying down" the interest. Bob Barger addressed the Board opposing the use of the grant money to refurbish and restore the Eason building. He felt if the money was needed for a "HUD" type of situation, meaning that the finances could not be obtained elsewhere, that would be a different thing entirely. He suggested that Mr. Kelley take advantage of the lending institutions in the City or possibly even out of state. Jessie Bryant addressed the Board on behalf of the SEFCAC health center. She stated the funding the center needs to relocate to larger offices has been allocated and will be used as soon as the county moves into their new offices. She stated people were more important than restoration of the building, and the low to moderate income people and families that are helped by the center don't have all the advantages that most other people have and the center is very necessary. .. Bob Fritz, a remodeling contractor, suggested weighing the financial cost against the size of the building, the amount of damage done by past remodelers and the actual degree of "uniqueness" the building really possesses. Dan Coody made a brief presentation regarding purchasing property behind Leverett Elementary School on the corner of Garland and North Streets containing 4.17 acres. Coody stated the creation of a nature park on this site would be beneficial to the elementary school as well as the University of Arkansas. He stated if the August 7, 1990, - property is not acquired now, it is possible that the opportunity to purchase the property will never arise again. Coody stated the City would not be required .to maintain the property since it will be left in it's natural' state. A non-profit public trust called the Northwest Arkansas Trust for Public Lands has been organized, and Goody stated that this -trust could hold title to the land if it would be more appropriate than the city park system. Coody reminded the Board -that staff recommended the allocation of $100,000 for the purchaseeofthe ,property, contingent on the ability of,the park supporters to raise additional funds from other sources to successfully purchase .the land by January of 1991. He also stated that the park .wouid`be.•eligible.in the future for CDBG funding becauseof its location, the low to moderate income housing surroundings, and the park's abutment to the elementary school. Ann England, resident on the corner of Garland and Berry Streets, addressed the Board in favor of the park. F 4 Ron Bumpass stated the inventory of passive parks in the City of Fayetteville was numerous.He cited several parks and their locations in regard to -the property being discussed. .Bumpass stated area of intersection of these two streets was actually highways and the commercial aspectsj%rere outstanding, including additional city sales tax collected as a result. He suggested proper land use planning,would buffer an_y:commercial development from the school. ' Mike Faupel addressed the'Board in favor. of the potential park area. Al Vick addressed the Board in rebuttal of commercialization of the proposed park area. Cynthia Basket addressed the Board in favor of the park area. She cited several shortcomings of the commercial areas already in place in the location in relationship to the children using the Leverett school and traffic problems. Jenny Warren addressed the Board in favor of the potential park in regard to a safe place to exercise. Charles Baxter addressed the Board in favor of the park area, stating that the number of parks and green spaces in the city is part of what makes Fayetteville so unique. Donna Brumall addressed the Board stating it was important to save the green spaces and parks. Kim Smith, professor of Zoology at the University of Arkansas,. addressed the Board and explained the benefits of having a nature park in close proximity to the University. 264 August 7, 1990 Shawna Basket, a former student of Leverett school, addressed the Board in favor of the park area. Suzanne Miles, a teacher in Fayetteville, addressed the Board in favor of the park area. Ann Suggs addressed the Board in favor of keeping the funds in the originally allocated places, even though she approves the use of the four acres for park space instead of commercial use, as well as restoration of the Eason building. Suggs stated street improvements and other projects the funds were originally slated for are also very important and should not be brushed aside. She questioned the integrity of paying commercial prices for park land (approximately $84,000 an acre) even though she felt the City could never have enough park land. The property is not commercial property at present as it is still zoned R-1. Suggs suggested rezoning to R-2 or R -O would certainly be more appropriate and help fix a more reasonable price to the value of the land. Sean Redden addressed the Board in favor of the park area. Tiny Hamilton addressed the Board on the park area issue. He pledged $50.00 toward the projects and chided the citizens for not becoming more involved in the city's functions and stated all projects are important to someone, but the responsibility for seeing that the funding goes for the purposes it was originally intended is also important. He encouraged persons like Mr. Kelly to come to the people for assistance in their efforts. Harley Brigham read a prepared statement and commended those responsible for trying to establish the nature park area. Audrey Paterson addressed the Board in favor of the proposed park. Obert Undem addressed the Board in favor of the park and the Eason project. Martin declared the public hearing closed. Martin, seconded by Kelley, made a motion to allocate $100,000 from the street portion of the CDBG budget under the conditions and terms outlined by staff. Martin stated the funds would be taken from the street project and would defer that project no more than one year and probably less. It was asked what street projects would be cut if the funds were allocated to the park acquisition, and John Merrell answered that the Planning Commission had identified several projects in the Community Development target area that could possibly be cut or August 7, 1990 ,0265 delayed one more year without serious harm to the city's infrastructure. Martin clarified his motion to include the stipulation that the additional funding by other contributors: be obtained by January of 1991 and if that funding was not obtained, the funds from the CDBG would be returned to the project to,which it was originally intended. Director Vorsanger asked how the City would recover the money if it was used for earnest money or something of that nature. Simco explained that the fundi cannot be dispersed. She stated if the Board makes the funding contingent upon the private funding needed, the City funds will not be dispersed until that time. The HUD funds would be "earmarked"•for the park, but several agreements would be entered into .to assure that the. public interests are served. Director Lancaster suggested that the request for funds should have been channeled through the Parks and Recreation Board and use funds allocated for parks and park land to help fund the purchase of property. He stressed that he was in favor of the park but felt strongly that the money should stay in holding for the project it was originally intendedi Director Green asked who would have actual title to the property, and Linebaugh answered the group purchasing.the property would hold title, not the City which was only granting.a portion of the total price. Green asked if the group dissolved, -where would the title go and Linebaugh answered that it was a question that would have to be addressed at that particular point ,in time, and there was no answer at present. • Linebaugh suggested if the Board voted to allocate the funds to the purchase of the property, that the group represented by Mr. Coody, sit down with staff and draft an agreement to be presented to the Board of Directors for their approval. Director Marinoni suggested the City should be named as partial owner on the deed, and he was concerned about security. Director'Spivey stated that he felt the cost per acre was extremely high as compared to another parcel of land approximately two blocks over from the location being discussed. Spivey stressed that he was not opposed to parks and green spaces, but there were many other needs to be considered. Dan Coody addressed the Board again regarding questions raised during discussion .including maintenance, earnest money, preservation as opposed to -stopping commercial development, cost of the land and property values due to location. >i ;266 August 7, 1990 Upon roll call, the motion was defeated by a vote of 2 to S, with Directors Lancaster, warinoni, Spivey, vorsanger and Green voting against the motion. After a brief recess, Mayor Martin, seconded by Green, made a motion to reallocate $100,000 of the CDBG budget in the form of a loan for the exterior restoration of the Eason building under conditions and terms outlined earlier in discussion. He explained his views and concerns over the co -mingling of public and private projects. Director Green related some reservations he had concerning supporting future endeavors for others in the community when they would request rehabilitation assistance for their buildings. Bob Kelly addressed the Board concerning the fate of the building should the funds not be allocated to restore the building. He stated that he would try to do everything in his power to save the structure as his intent was not just to make a profit. Ron Bumpass addressed the Board regarding the process in which the proposal was being presented. He suggested that facade improvements could be tied to a specific formula based on square footage, type of development and type of taxes that might be returned to the City. Colleen Pancake addressed the Board in opposition to funding the Eason restoration. Director Vorsanger asked Dr. Sutherland if there were any other programs such as Mainstreet USA or Downtown Unlimited where Kelly could apply for assistance. Sutherland answered that he did not have any suggestions at this time and felt that perhaps a loan would be the best means of financing. Merrell suggested that a facade improvement solution be investigated by staff for future questions of downtown improvement, regardless of what happened in the Eason Building case. Upon roll call, the motion was defeated by a vote of 3 to 4, with Directors Lancaster, Kelley, Spivey, and Vorsanger voting against the motion. STREET CLOSING Mayor Martin introduced a request for the Board of Directors to set a date for a public hearing on the closing of a portion of Cleburne Avenue from Park Street to Highland. Staff recommends setting the public hearing for August 21, 1990. August 7, 1990 1;267 Kelley, seconded by Vorsanger, made a motion to approve August 21, 1990 as the date for the public hearing. Upon roll call, the motion was unanimously adopted. DETENTION CENTER ROUTE - Mayor Martin introduced consideration of a resolution setting the route for the proposed Detention Center Road (Mill Avenue extension) and approval to. take bids onthe city's share of the project. The estimated cost of theprojectfrom Spring to Center Streets is $234,230.00, and staff recommends approval'of the project. 4 4 Director Lancaster, seconded by Vorsanger,.Made a motion to approve the resolution. Linebaugh explained the city's portion currently in the budget would take the route from Spring to Center Street. The County will also construct a portion of the road from Center. Engineers are recommending that the street eventually be carried from Center Street all the way to Mill Street. Funds are not currently in the budget for that portion of the road and is not part of the request at this meeting. Linebaugh stated that a public hearing was held on the path of the road and there were no objections at that hearing. The alternate route being suggested is a little extension off of Center Street to allow this to be. used from the current county buildings all the, way to the new county buildings. • Upon roll call, the resolution was unanimously adopted. , RESOLUTION 123-90 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR • BID WAIVER/CLABBER CREEK Mayor Martin introduced .consideration of an ordinance waiving competitive bidding requirements, approval of a budget adjustment, and awarding a contract to Lindsey Construction Company for $20,000 to perform the channelization of Clabber Creek in the new industrial park. Staff recommends awarding the contract. McClelland Engineers, Inc. estimated the project would cost $157,400.00, but Lindsey proposes to do the project at $20,000.00. The ordinance was read for the first time. Marinoni, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call the motion passed unanimously. The ordinance was read for the second time. 1 August 7, 1990 Marinoni, seconded by Lancaster, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed unanimously. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE NO. 3497 APPEARS ON P10E ;270 OP ORDINANCE AND RESOLUTION BOOK )(XV INTERIM PUBLIC WORKS DIRECTOR Mayor Martin introduced consideration of an ordinance waiving the requirement of competitive bidding, approval of a budget adjustment, and authorizing the hiring of an interim public works director. The ordinance was read for the first time. Director Marinoni, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed unanimously. The ordinance was read for the second time. Marinoni, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed unanimously. The ordinance was read for its third and final time. Linebaugh stated that it was important to have someone experienced to run the day-to-day operations of the Public Works Department in the interim until a permanent director could be found, considering the CIP and amount of public works projects the City had and the wastewater situation. He stated that it was felt four months would give ample time to locate a public works director. Linebaugh stated that the contract called for three items; the day to day overseeing operations, reviewing the organization of the Department and giving the City Manager advice and assistance in the recruitment of a public works director. Linebaugh also explained the International City Managers Program, Prime, Inc., assists in placing highly skilled and highly trained individuals in interim positions. He stated that the company has located an individual that will be considered and Linebaugh explained that if it turned out to be a non -workable situation, the City was not tied to or committed to that individual. Director Marinoni asked if it would be possible to have someone to be considered for the position of public works director sit under the interim Director to train for the office and be prepared to begin immediately at the end of the four months for a smooth transition. Linebaugh stated that was in the plans. Upon roll call, the ordinance passed unanimously. _`.12'69 ORDINANCE NO. 3498 APPEARS ON PAGE 27, OF ORDINANCE AND RESOLUTION BOOK X X V - PHILLIPS APPEAL Mayor Martin introduced for consideration a resolution granting authority to appeal the case of Sue Phillips. Assessor & Washington County Board of Eaualization v. Citv.of Fayetteville & The Board of Trustees of the University of Arkansas concerning ad valorem tax for the Arts Center property. Judge William Storey recently ruled against the City in Circuit Court stating that the- Arts Center property would not be used exclusively for public purposes, thereby denying the tax exempt status for the Arts Center. Director Vorsanger, seconded by Martin, made a motion to approve the resolution. Linebaugh explained that the University, through their attorney, as well as City staff recommends the appeal. Director -Green asked if there was an accurate estimation of tax'if it was not appealed. Linebaugh stated that, based on the actual Arts Center and the other buildings on the property, it would run approximately $50,000 der year.% An estimation was not reached concerning personal property but a guess would be in the range of $25,000 per year. There. would also.'be a question of the involvement of the Dickson Street Improvement District Tax. • Linebaugh stated that the .University would be responsible for. handling the appeal on the project. Upon roll call, the resolution to unanimously. r RESOLUTION 124-90 APPEARS ON PAGE RESOLUTION BOOK OTHER BUSINESS approve appeal was adopted PUBLIC HEARING OF ORDINANCE AND Linebaugh stated there would be a public hearing Thursday, August 9 at 7:00 p.m. in the Director's Room of the City Administration Building on the CIP for 1991-1995, involving a whole new year (1995) of projects. There will also be some recommended changes for some of the 1991 through 1994 projects. Staff will review the major projects, discuss funding and ask the public for comments on the projects listed and their importance, as well as comments on the new projects. 4. ..t 270 August 7, 1990 Linebaugh stated that after the hearing, staff would prioritize the CIP and present it to the Board for action to be taken on the September 18, 1990 meeting. SELECTION COMMITTEE Mayor Martin announced the placement of Director Fred Vorsanger to the selection committee for choosing a consultant for Management Training. ADJOURNMENT The meeting was adjourned at 11:33 p.m. 1