Loading...
HomeMy WebLinkAbout1991-01-15 Minutes• MINUTES OF A MEETING OF THE CITY BOARD O, DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, January 15, 1991 at 7:30 p.m. in the Directors' Room of the City. Administration Building at 113 West Mountain Street, Fayetteville,.Arkansas. PRESENT: Mayoi `Fred Vorsanger; Directors Michael Green, Shell Spivey, Ann Henry, Dan Coody, Julie Nash, Bob Blackston; 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. Director Spivey led a prayer for the troops in the Middle East and their families praying for a peaceful solution to the Gulf crisis. - The Mayor welcomed those present in the audience, and the public watching the meeting on television. He reminded the public that they would have an opportunity to address the Board on every item under discussion. He asked that those wishing to speak, introduce themselves, give their place of residence, keep their comments concise and non -repetitive, and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. REPORT TO THE PUBLIC Mayor Vorsanger introduced the December 1990 report presented by City Manager Scott Linebaugh that includes financial information, an update on staff activities, and items of general interest. FINANCIAL INFORMATION City Manager Scott Linebaugh addressed the Board stating that as of December 31, 1990, the City ended up with assets of $183,000,000, liabilities of $51,000,000 and a fund balance of $132,000,000. For the period ending December 31, total revenues collected were $41,925,000 reflecting an increase of roughly $2,000,000 over 1989 revenues. Total expenditures for 1990 were $62,900,000 compared to 1989 expenditures of $39,000,000, reflecting an increase of roughly $23,000,000. Linebaugh explained the reason for this increase was the pay-off of the sewer sales tax bonds used to build the sewage treatment plant, and an increase in contractual services and capital accounts totalling some $9.2 million due to increase in CIP program. The inspection division had $6.4 million of construction permits issued in December 1990, representing a year end record over the $50 million mark for the first time in Fayetteville's s3 3Z 33 January 15, 1991 history. A total of 1,641 permits were issued in 1990 for a total value of over $54 million for the year, as compared to 1989 when 1,427 permits were issued for a total of $32.8 million. Linebaugh stated that these figures are unaudited so minor changes could be made. COMMUNITY DEVELOPMENT Linebaugh stated that the Abilities Unlimited Project was begun in early December. The interior improvements, including electrical, plumbing and carpet work are nearly complete. FIRE DEPARTMENT Linebaugh highlighted that in the month of December, the Fire Department responded to 99 emergency calls and 33 non -emergency calls. For the 59th consecutive month, there have been no fire fatalities. During the month of December, 69 prevention or code enforcement inspections were done. The Fire Department completed recertification of all employees in CPR and along with 3 administrative personnel, attended stress management seminars. POLICE DEPARTMENT Linebaugh stated that December was Amnesty Month which resulted in 77 warrants being served under this program. During the month of December, 111 persons were reached by Crime Prevention. In addition, the usual public service announcements were aired on radio and television regarding holiday safety tips. Information was mailed to 65 members of the Neighborhood Watch Program, and a new group was formed, the Green Valley Neighborhood Watch, operating in the Woodland Junior High School area, making a total of 16 active Neighborhood Watch groups. Police vehicles traveled a total of 45,000 miles during the month of December 1990. STREET DEPARTMENT Linebaugh stated that between December 21st and January 5th, the street crews worked a total of 5 - 24 hour days and 10 - 16 hour days, responding to 300 calls for assistance. Over 1000 tons of salt and grit were used to fight the ice and snow build-up, for a total cost of $40,000. The normal figures for the month of December are 450 tons of salt and grit. In addition, the street department swept 374 miles, placed 1,900 tons of SB2 on gravel streets and cleaned 800 feet of drainage ditches and 112 storm drains. The Fayetteville Public Schools were assisted by the street department in cleaning snow out of their parking lots. Linebaugh introduced a new program called "Adopt a Park" and stated that Wilson Park had been adopted by IBM and Sweetbriar Park by the Welcome Wagon. The adopting agencies agree to do trash pick-up, January 15, 1991{° 4 4 ; light mowing, trimming, weeding and other maintenance on the parks, saving the City thousands of dollars. 4 • SANITATION Linebaugh stated that the "Salt, Waste and Recycling Program" has implemented their new sanitation and collection routes, reducing the number of routes from 9 to 7, representing a savings to the City for personnel and equipment costs. The year-end recycling figures for 1990 were 700 tons of newspaper, 120 tons of glass, and 15 tons of aluminum. Money was received for the aluminum cans, with the newspaper and glass collection being paid for. PUBLIC HEARING • Linebaugh announced that a Public Hearing would be held on January 22, 1990 at 7:00 p.m. in the Directors' Room to deal with the Mt. Sequoyah Highland Park pressure improvements. Seven alternatives will be presented to the public for discussion and then brought to the City Board. ROAD CONDITIONS Director Coody addressed City Manager Linebaugh concerning the icy road conditions remaining on Hwy. 71 after the December storm. Linebaugh stated that Hwy. 71 was a State Highway and the work is primarily done by the State Department, but that the City will assist in problem areas. Coody stated that better coordination between the city and state departments may be needed. • DIRECTOR ANN HENRY'S REPORT ON NEWSPAPER. SURVEY Director Ann Henry reported that monies remaining from her campaign were given to the local newspapers to solicit public input in determining problem issues that the City Board needed to address and the public's dream for the City of Fayetteville. The survey results were as follows: The solid waste disposal issue received 40 responses. Suggestions were made on solid waste with 24 responses for expansion and recycling, suggestions to build an incinerator received 8 responses. Other suggestions listed were to charge for trash on basis of volume, new landfills, encourage recycling, expand composting and picking up trash once a week. Henry stated that the latest federal legislation is creating a number of changes in pollution regulations which would create a great cost increase. Henry stated concern was expressed over city planning and growth as well as projected economic growth in this region and what the effect would be to Fayetteville's quality of life. Transportation issues - street and sidewalk improvements, bike lanes, expanding • .S 4 v 1 January 15, 1991 4 bus system, additional stop signs, building no new roads, building new roads, banning cars from the campus were also mentioned as needing attention. Historic buildings, landscape and tree preservation - protecting what is uniquely Fayetteville, Dickson street project completion, protecting greenspace through zoning and saving historic buildings and trees was also listed as a priority for Fayetteville. One of the major problems that was listed was the settlement of incinerator and freedom of information act issues. Education improvements and teacher salaries were listed as well. Director Henry stated her concern that the public was unaware that the City was not responsible for addressing issues in operation of the schools, rather this is the responsibility of the School Board. Concerns with economic development were also mentioned. Aesthetics have always been important to the citizens of Fayetteville. Suggestions were for tighter zoning controls and developing a long range plan with help of citizen input. A study is presently being done and public hearings will be scheduled with regard to the same. Dreams and the long term focus that were most mentioned were the preservation of Fayetteville's beauty and the preservation of the quality of life. In summary, the public believes the three most important issues are solid waste disposal, city planning and growth, and transportation issues. The average citizen's dream is for Fayetteville to control the inevitable growth and for the growth to not be allowed to jeopardize the high quality of life and beauty. The Mayor commended Director Henry for her work on this project and Henry commended the variety of citizens which donated money for this project. AGENDA CHANGES Mayor Vorsanger requested that City Manager Linebaugh discuss at this time any items that he would like to table. Linebaugh stated that it was recommended that the following items be tabled: Item #7 - Rural Fire Contract. Requested to be tabled for two weeks due to allow additional time to talk with the different rural volunteer fire departments encompassing the City and discuss dropping of initial fee, leaving the $25-$30 yearly fee to be charged to customers. Mayor Vorsanger stated that anyone present to address the Board concerning the rural fire contract could either leave at that time or address the Board when they came to Item #7 on the agenda. 1 f' January 15, 1991 N. , P- P Item #9 - 'Property Acquisition for KHOG and Systematics. Requested to be tabled as more time is required to work on this project. • DIRECTOR COODY Director Coody addressed .the Board regarding the pension plan increase for City employees: Coody explained that in a previous comment in which he said with high quality benefits, they should try to attract high quality employees - he did not mean to infer that the present City employees were low quality, and apologized for this misunderstanding. 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 January 2, 1991 regular Board meeting; B. A resolution approving the Continental Ozark Executive Hangar agreement for a one year lease with four additional one•year options for the north half of the west side executive hangar; Staff recommends approving the lease with the rental rate to be paid by Continental Ozark of $653.48 per month. The rate maybe increased up to 5% each year upon the exercise of the annual option. Provisions of the lease remain the same except the clause requiring payment of debt service only on the structure has been deleted. Linebaugh explained that originally there was a bond issue on those buildings and the bond issue has been paid off through rents received, leaving no debt service. owing. Henry, seconded by Blackston, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 7-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK EASEMENT CONDEMNATION Mayor Vorsanger introduced an ordinance condemning two parcels of 37 . January 15, 1991 land in connection with the Highway 156 Street and Water and Sewer Easement relocation project. Staff recommends the condemnation proceedings be approved because after more than 90 days of negotiating with the property owners, a settlement has not been reached. The property owners, Teddy and Jane Morelock, have two tracts --#20 consisting of .79 acres and .82 acres at an appraised value of $2,950.00 and tract 423 owned by Jane Morelock consisting of 1.15 acres appraised at $2,300.00. City Manager Linebaugh addressed the Board and explained that Highway 156 is currently a dirt road, and the City is trying to get it paved. This is actually a state project with the city's involvement being to acquire the right-of-way for the road. Linebaugh stated that the first contact for negotiations was actually made in November. Linebaugh further explained that the property owned by the Morelocks was basically divided by Hwy. 156 with farm operation on each side crossing the dirt road. Morelock has requested and counter offered that the City build a cattle underpass for this property. The state refused to build the underpass and although the City does have the option to build the underpass, they would have to pay for the entire project. Morelock offered to donate without cost the land the City is trying to acquire for this underpass, with an appraised value of $5,250.00. Linebaugh stated that the state has a February bid date, and all the land must be acquired for the right-of-way prior to this date. Mayor Vorsanger inquired as to the estimated cost of the underpass, and Linebaugh stated a total cost of $10,000.00 - $12,000.00. The ordinance was read for the first time. Mayor Vorsanger requested that they leave this on its first reading for discussion. Director Green stated the road does divide the Morelock's property, and building a paved road would generate traffic. Green recommended that the City try to negotiate on the construction of an underpass to preserve the joining of property and ask the state for their participation in paying for the underpass. Linebaugh stated that this was a possibility but held out little hope that the state would participate and recommended continued negotiations with the property owners. Director Spivey stated that he agreed with Director Green on this issue. Teddy Morelock of 1516 Cedar addressed the Board and stated that this property was his wife's family property which had been divided between the children. Morelock stated that he has been attempting negotiations and would appreciate the opportunity for input. He further stated his concern with moving his cattle across a paved • January 15, 1991.. highway in a safe manner, and if an underpass was not provided, he simply wanted reasonable compensation for his land. Director Coody asked' Mr. Morelock if he would confirm the date he had stated earlier that he received the condemnation documents as January 8th. Mr. Morelock stated that was correct. Morelock further stated that there were actually three tracts of land - one piece of property 7.21 acres owned by the Morelocks and the rest of the property is in his wife's name. He stated they simply want an existing tin culvert replaced with a small concrete bridge to be used as an underpass for his cattle. Mayor Vorsanger again asked that this issue be left on the first reading to allow the City Manager to continue to work with the Morelocks. Vorsanger also verified with City Manager Linebaugh that the notice received by the Morelocks was a notice that the Board had placed this issue on the agenda for consideration. EASEMENT DEED The Mayor introduced consideration of an ordinance granting an easement deed for.05 acres located at the intersection of Highway 156 and McCollum Road which is owned by the City of Fayetteville and required for the Highway 156 Improvements Project. City Manager Linebaugh explained that the State was attempting to widen Hwy. 156 and in order for them to be able to do so, the City needed to execute an easement deed and the staff was recommending approval of this easement. City Attorney Rose stated that this would not require an ordinance, but could be a simple resolution. Henry, seconded by Coody, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 8-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR INFORMATIONAL REVIEW ON THE WARD ELECTION Mayor Vorsanger made a presentationof the options available under the ward system in the City Manager form of government. Vorsanger explained one option is that the election of directors for the City Board be only by ward, and people living in each respective ward would be the only eligible voters for the director or candidates for their respective. ward. The City has four directors representing Wards 1, 2, 3 and 4 and three directors that are elected at large, positions 5, 6 and 7. Presently, an individual l 39 January 15, 1991 has to live in the ward that they are running for, but citizens at large vote on those candidates. The Board would like to explore the various possibilities for the future and asked legal counsel to review the law regarding required procedures for change. Vorsanger explained that this was not a public hearing on this matter, but that a public hearing will be advertised in the future. In addition, a representative from the League of Women Voters, Mrs. Peg Anderson, was present to discuss their own survey on this question. Director Nash inquired as to whether the Chamber of Commerce had any comments to make regarding their study. Steve Ward responded that they would have comments at a later time. City Attorney Rose addressed the Board and reported that in 1989 the Arkansas Legislature passed Act 907 giving cities with a city manager form of government, a menu of changes that they might make in the structure of their government under a city manager form. The menu choices are as follows: 1. Choose to elect all of your Board members at large. 2. Have an odd number of directors with a number equal to one- half the directors plus one elected from wards, and the remaining number elected at large, which is what the City has at the present time. 3. All members, except one, would be elected from wards, with one member to be elected at large who would serve as mayor. There has been interest shown in this alternative. Rose further explained that if the City goes with the direct election of the Mayor from an at large position, candidates for the Mayor would file for position and if permitted to vote at board meetings, the mayor would vote last. The ward positions would be determined by the County Board of the Election Commissioners on apportionment basis. Candidates for those ward positions have to be residents of the ward they represent. Unless electors choose otherwise, only those qualified electors residing in that particular ward would be eligible to vote on a candidate from that ward. There can be a greater number of Board members under this plan. The direct election of the mayor means that the mayor has to have a majority vote of the qualified electors voting on that issue. An initiative petition can be circulated to put the issue on the ballot or an election can be held. At the same time, the decision regarding veto power for the mayor should be decided. Rose explained that if the choice was made for direct election of an at large mayor, the mayor will be elected at the first general election after reorganization. Rose further explained the complicated statute and procedure for selecting successor mayors and board members. Rose stated that terms of office would not be shortened by this method. Rose was unsure whether or not the systems could be mixed as it doesn't appear on the menu. The • 40 _ January 15, 1991', statute states that -it should be liberally construed in order to give citizens with the city manager form of government, a chance to tailor the system best needed for their community, and suggested that the Attorney General's Office should be asked for an opinion if a method was chosen that didn't appear on the menu. Mayor Vorsanger asked Rose for verification that if the Board votes to make some changes, all they are voting on is that the questions will be taken to the people and the people will vote. Rose concurred. Director Nash addressed City Attorney Rose and inquired as to whether the drawing procedure would be necessary if the Board stayed with the existing tour wards, and Rose responded that the statute was silent as to that issue. Peg Anderson, representing the League of Women Voters addressed the Board with their study results as follows: 1. That the present size of 7 board members was a good size and should be kept. 2 Support the election of board members so that three were elected at large, four were elected from wards with the voters of those districts voting. 3 Opposed veto power for the elected mayor, as there is no provision if they give a veto to an override. 4 Confusion as to majority election as there is no provision for a run-off. 5 Wide majority of League members favored city wide election of a mayor and slight majority favored some authorization for compensation to Board members. Robert Reus of Fayetteville addressed the Board stating his support of the ward election system. Reus stated that the City making a decision as to which form of government they would pursue would not affect the citizen's initiative to reorganize to a true mayor form of government and a petition being prepared. Director Henry asked City Attorney Rose if there was a limit of time between when public hearings and elections can be held, and Rose responded that there was not a time limit. She also expressed that this form of election would limit the need for large campaign expenditures. RURAL FIRE CONTRACTS Mayor Vorsanger reminded the audience that this item has been tabled but the public present regarding this matter could now address the Board. 41 January 15, 1991 4 Fred Kester of Forrest Hills Estates outside of Fayetteville, addressed the Board and stated that he had been coerced into joining the Fayetteville Fire Department. Kester stated he does not support the ordinance requiring subscription to two fire departments, and he asked that the Board give this matter honest analysis. Director Henry addressed Kester and stated that the City of Fayetteville was not the party coercing him into joining their fire department. City Manager Linebaugh advised Mr. Kester that the rural fire departments do not get compensated at all at this time when they are called to assist the City of Fayetteville's Fire Department and the objective is for the rural fire departments to receive fair compensation for their services. Kester suggested that the City compensate the rural departments out of their fee. Linebaugh agreed with Kester that the initiation fee should be dropped. Fire Chief Mickey Jackson addressed the Board stating that the charge given to the rural customer was basically the same cost as what it would cost the City of Fayetteville, plus an accounting fee. The reason the rural resident's bill is increasing is because the City of Fayetteville's costs are increased with adding new trucks, etc. He explained that in the event of a rural fire, the Fayetteville department should be called, and they would contact the rural department. Director Coody addressed City Attorney Rose asking whether insurance coverage would be void if one of two fire contracts had elapsed at the time of a fire. Rose responded that the fire contract is voidable at the City's option upon failure to pay the obligation, following notification of the same. Mayor Vorsanger reminded Mr. Kester that by subscribing to the City of Fayetteville's fire protection, it more than pays for itself by lower insurance rates, and that he has the option of canceling the contract at anytime. He added that this protection is for the benefit of the rural residents --not the City. Director Nash addressed the Board offering an option to add a small fee to the City's contract and in turn the two governments contract with one another. Linebaugh responded that this puts the City between the customer and rural fire department if something should happen. Harley Brigham of Foxhunter Road in Fayetteville addressed the Board in opposition to the ordinance. He asked how many fire runs the City had made to individuals holding a fire contract and what the estimated cost of making the fire runs. Brigham also expressed a concern that by his cancellation of his rural fire contract, he 4 2 • • January 15, 1991 4' would be jeopardizinghis neighbors who are also a member of his district. City Manager Linebaugh responded that it would not cancel the contracts:- it would only increase the cost of his neighbors' individual contracts: ADDITIONAL COMPENSATION FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY Mayor Vorsanger introduced an ordinance providing compensation to city employees who are called to active military duty and providing them the opportunity to be reinstated to their former positions. City Manager Linebaugh addressed the Board stating that many cities around the area were treating this issue as follows: 1. Continue with benefits accrual. 2. Extra paycheck to employees. 3. Allowed employees to use vacation and sick leave time and be rehired after release from active duty. The proposed ordinance -follows that of Bentonville. Linebaugh recommended that on page 8.01 of section one that the last sentence be eliminated which states that the employees must be honorably discharged before they be •reinstated, as this requirement is governed by federal law. The ordinance was read for the first time. Green, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed 7 to 0. The ordinance was read for the second time. Green, seconded by Henry made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed 7 to 0. The ordinance was read for the third and final time. Director Coody addressed the Board requesting an emergency ordinance in this case, but as a rule, he stated he felt the City needed to stay away .from emergency ordinances until there is an actual emergency. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3530 APPEARS ON PAGE9Y% OF ORDINANCE AND RESOLUTION BOOR INTERIM MUNICIPAL COURT JUDGE SALARY Mayor Vorsanger introduced a resolution setting the salary for the interim Municipal Court Judge. City Manager Linebaugh addressed the Board stating that the Staff recommends that the interim judge be placed at the salary of the 4J January 15, 1991 past municipal judge, which is at the $40,000 level. In addition, it is recommended that this $40,000 level not include any other city benefits. Linebaugh advised that this is paid 50% by the City and 50% by the County, and the salary would be retroactive back to January 1st. Henry, seconded by Green, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 9-91 APPEARS ON PAGE 01 ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS BOARD NOMINATING COMMITTEE REPORT Director Spivey, Chairman of the Board nominating committee, addressed the Board recommending that Laura Altom fill the one position available on the Historical Commission. Spivey, seconded by Green, made a motion to approve this appointment. Upon roll call, the motion was passed by a vote of 7 to 0. Director Spivey addressed the Board recommending that Robert Waldren, Blake Scultz, Ernie Lancaster, Leo Yonda and Richard McKinney be appointed to the Airport Board. Spivey, seconded by Green, made a motion to approve these appointments. Upon roll call, the motion was passed by a vote of 7 to 0. Director Spivey addressed the Board recommending that Charles Clinehens, Jr. be appointed to replace Robert Windham on the Housing Authority Board. The Housing Authority Board appoints there own replacements, but the City confirms the nomination. Spivey, seconded by Henry, made a motion to approve this confirmation. Upon roll call, the motion was passed by a vote of 7 to 0. Mayor Vorsanger announced his appointments of Michael Green and Dan Coody to the Advertising and Promotion Commission. He stated the Mayor automatically serves on the commission. VIDEO LIBRARY Director Coody addressed the Board suggesting that money be r 1 1 January 15, 1991 • 4 allotted for the purchase of video tapes to tape the City meetings so that FOC can keep a video library of the meetings. CLEBURN STREET Director Ann. Henry addressed the .Board stating that she had received a letter. from:a Little Rock resident advising her that Cleburn Street had been misspelled and should be spelled Cleburne after the Confederate Army General. City Manager Linebaugh responded that their research has not proved this to be the case. INCINERATOR LITIGATION/LAW FEES Larry Froelich of Fayetteville addressed the Board regarding the incinerator litigation and law fees. Froelich urged the Board to consider that the City adopt a new position that the law fees be discontinued as they are unnecessary. • He stated that FGIC and Union National. Bank are both quite capable of defending the legality of the contract, and they do not need the financial contribution and assistance of the City of Fayetteville. Froelich suggested that the City notify the Court that the City will follow the law and that when this litigation is over, if the contract is held to be legal, the City will pay, and if it is held to be illegal, the City won't pay. Froelich stated that he would be setting forth this proposal by way of a letter to each Director. Director Spivey stated the legal fees will continue for years. If the City defaults, FGIC will sue the City. He suggested to Mr. Froelich the best way to cut legal fees would be for the lawsuit to be withdrawn. Director Coody stated. Froelich's proposal sounds good on the surface and feels if this were done, the citizens would feel the City Board was working for the citizens. He stated he had talked with David Olive and Dave Edmark about what this lawsuit was costing the Morning News. Coody stated he was told that the attorney was spending about 5% of his time on this suit, or Coody estimated less than $5,000.00. Coody stated the City has spent in excess of $170,000.00. Director Green stated this was similar to asking to use your estranged spouse's'attorney in a divorce --it just will not work. Mayor Vorsariger asked Froelich why the plaintiffs would not drop the suit. Froelich responded that the case was. now a class action suit, and it could not be dropped. Froelich stated he felt the city attorneys had the master strategy to wear down and grind out the plaintiffs. 44 45 January 15, 1991 4 Mayor Vorsanger asked City Attorney Rose to look into the suggestions that had been made. • BUDGET RETREAT City Manager Linebaugh reported that the Budget Retreat scheduled for January 18th has been canceled and held on January 22nd at 2:00 p.m. ADJOURNMENT The meeting adjourned at 9:56 p.m.