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HomeMy WebLinkAbout1991-02-05 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, February.5, 1991 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville,°Arkansas. PRESENT: Mayor Fred- Vorsanger, Assistant Mayor, Mike Green; Directors. Julie Nash, Shell Spivey, Bob Blackston, Ann Henry, and Dan Coody, City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the.staff, pressrand audience. CALL TO ORDER The meeting was called to order by theMayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a moment of prayer for our troops in the Mideast be observed. The Mayor welcomed those present in the audience, and those watching the meeting on television at home. 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 nonrepetitive, and address the entire Board. He said any questions for the Board or Staff should be directed to the Mayor. The Mayor inquired of Linebaugh if there were any items on the Agenda to be postponed to a later date. Linebaugh responded by saying that "Item number 5," having to do with the rezoning of the Parson's land located at Garland and Wedington has been removed by the property owner until the next Board meeting. 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 as follows: A. Minutes of the January 15, 1991 regular Board meeting. B. A resolution authorising the payment of $5,846.67 to the Niblock Law Firm for services rendered on the incinerator disengagement, FOIA, and Barnhart (formerly Robson) lawsuits, and approval of a budget adjustment. 54 5 February 5, 1991 RESOLUTION 10-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. A resolution authorising the execution of a Water and Serer Relocation Agreement between the City and the Water and Sewer Department on the North Street Project in the amount of $35,225.00. The Mayor explained that 95% of this is eligible from the Federal Highway Administration for reimbursement. The cost to the city will be approximately $1,760.00 RESOLUTION 11-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOL D. A resolution awarding Bids 90-71 and 90-72 for the purchase of gasoline to Northwest Oil Co., Inc. for a 12 month period on a "cost plus" basis. RESOLUTION 12-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E . A resolution awarding Bid 90-69 in the amount of $79,355.00 for a Fire Department Rescue Unit to the low bidder, Bridgers Coach Company of Newport, Arkansas. RESOLUTION 13-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution approving a Service Agreement with C & H Taxi Company for operation of the Elderly Taxi Program. RESOLUTION 14-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK G . A resolution approving a contract with Northwest Engineers, Inc., at a cost of $4,110.00 to provide services in conjunction with public improvements in the Community Development Target Area. RESOLUTION 15-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK H . A resolution approving an addendum to the Fayetteville Humane Society, inc., contract to provide funding in the amount of $19,040.00 to be paid in twelve equal installments. This is the second year of the three year contract approved by the Board on January, 16, 1990. Staff recommends approval of all resolutions stated herein. Ir February 5, 1991 RESOLUTION 16-91 APPEARS ON PAGE BOOK OF -ORDINANCE AND RESOLUTION Blackston, seconded byHenry,made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. VISITOR CENTER PROPOSAL Mayor Vorsanger introduced a request by the Northwest Arkansas Trust for Public Lands regarding the possibility of the City acquiring land located"'at-the corner of Garland and Wedington for the possibility of building a visitor center and a nature park. Mark Robertson, a'.1andscape architect, residing at 1158 North Maxwell and Chairman of the Fayetteville Parks and Recreation Advisory Committee; addressed the Board regarding the Visitor Center Proposal. He stated that he was asked by the Trust to put together a conceptual plan for what could occur on the property at Wedington and Garland. Their desire is to pursue the idea of a Visitor Center armature Park combination with predominant entry signs and nature preservation at the proposed site. An issue he was asked to address 'was the drop-off and pick-up area for the Leverett School. He proposed a one-way entry through the alley -way and a drop-off/pick-up area would be part of the Park and the School at this location. There would be room for approximately 10 to 12 vehicles in the area as well as through traffic to get in and out while picking up children. Robertson stated that he felt it was an extremely visible, heavily travelled and centrally located area that would benefit the City by having a Visitor Information Center at the proposed site. Robertson stated that the owner of the property came to the Parks and Recreation Board meeting on February 4, 1991, and presented the Board with three proposals: (1) a five year installment plan of $60,000 per year for a total of $300,000 over a five year period, (2) a five year.lease/purchase option wherefore $25,000 a year over five years, with a balance of $200,000 at the end of five years and (3) a seven year lease/purchase option, which was $20,000 a year for seven years, and the balance for a total of $350,000 over a seven year period. She stated that she needs to liquefy her assets and sell the property. She attended the Parks and Recreation Board and stated she would like to work with the City in settling this property matter. Linebaugh stated that he thought the owner would be interested in taking cash up front if the City was willing to offer it. Also, the payout offers she had made were interest free. He stated that it was requested earlier, for his office to come up with a funding proposal. He stated if the Board approves the purchase of the Systematics building, the additional police station wouldnot be needed later on and that would free up approximately $400,000 to be put back into the budget which could be used for this project. t 0 February 5, 1991 Vorsanger asked if anyone had done an appraisal of the property in question. Coody responded by saying that Mark Risk of Real Estate Consultants had appraised the property at $250,000. Green asked if there had been any studies on what the physical requirements of the Visitor Center might be as far as size, access and the actual facilities that it would include. Robertson responded by saying that he had not been given anything really concrete on that. His proposal shows a 1500 square foot blueprint with 23 parking spaces. He emphatically stated that this was extremely conceptual at this point and said there was room for a lot of manipulation of what might actually occur there. The objective was just to show graphically what could occur and how a couple of activities might be combined and get something worthwhile for the citizens of Fayetteville that everybody could benefit from. Steve Ward, President of the Fayetteville Chamber of Commerce, addressed the Board saying that the Chamber is not in a position to become involved in either a center or the acquisition of land at this time. He further stated that anything that is utilized to market the community and attract additional economic benefits is a positive. However, any time there is a visitor center or information center established, there has to be a reason for the location, and that location has to be established based on accessibility, traffic count, etc. He continued, saying, that this could well be a possible location for that, but to make the statement that "this is the location" and "this is what should be there" is very premature at this time. He suggested that it might be beneficial to contact the AIDC for assistance. Judith Trevine, a life -time resident of Fayetteville, addressed the Board saying that she was representing a large segment of the population of Fayetteville in support of the visitor center and her plea was for the Board to find the funding for the visitor center as opposed to a regional airport. She suggested selling revenue bonds to finance the project. Harley Brigham, a resident of Fayetteville, addressed the Board by reading a prepared statement and saying that he was in support of a visitor center and park along with the preservation of the land at the proposed site. Kitty Heatherston, a member of the Executive Committee of the Ozark Headwaters Group of the Sierra Club and a resident of Fayetteville, addressed the Board in support of the preservation of greenspace in Fayetteville, and this park in particular at the proposed site. She volunteered the services of the Sierra Club to help maintain the park once it has been developed. 58 • February 5, 1991 Jenny. Ward, 2925 Susan Carol, urged the Board to do what is necessary to acquire1the land and use it in the manner that has been proposed by the Arkansas Trust for Public Lands. 6 Shauna Basket, a resident of Fayetteville and representing the Student Alignment for the Earth Club at Ramey Junior High, and most of the kids at Leverett<Elementary School, addressed the Board in support of the proposed park and Visitor Center at the proposed site =� Kirby Estes, a resident of Fayetteville, addressed the Board in support of the Park and Visitor Center at the proposed site and preservation of greenspace in the City. Dan Codrey, •a .resident and U of A student in Fayetteville, addressed the Board in support of the proposed nature park and Visitor Center at the above stated site. He urged the Board to develop the site hastily if it is purchased by the city and not let it become an unsafehaven. Chuck Baxter, 819 Hall Avenue, a teacher at Leverett Elementary, addressed the Board in support of the development of this nature park and Visitor Center at the proposed site. He presented the Board with a petition, in June of 1991, signed by approximately 300 people who are also in support of the development of this particular parcel of land. Ann England, a resident of 904 North Garland, addressed the Board in support of the nature park and Visitor Center at the proposed site. George Blackwell, a resident of Fayetteville, addressed the Board in opposition of the proposed park unless the City would obtain full title to the land in question. Director Coody commented that if the city were to purchase this piece of property, the whole piece of land would be in the City's name. There would not be joint ownership with anyone else. Coody asked the audience to stand if they were in favor of the park and Nature Center. The majority of the audience responded by standing. Mayor Vorsanger explained that an ordinance could not be passed until a public hearing was .held in regard to this issue. He discussed the fact that appraisals would have to be obtained on the property. The property is located next to Leverett School and the University. He explained that those schools should be questioned as to whether they would like to help finance such an endeavor as this. His next question was in regard to who would maintain the park if it was developed. JJ February 5, 1991 Director Blackston said he supported the development of a park at the proposed site if it is feasible to do so. He stated that he didn't think the Board was in a position to make this decision at this time. Director Henry supported the development of the park at the proposed site also, and said that everyone should be aware of the fact that she would not let Fayetteville be accused of not being interested in acquiring park land. There are approximately 3,000 acres owned by the City which are currently developed as recreational areas that are the responsibility of Fayetteville for upkeep. Maintenance and financial responsibilities were the key issues on this subject. Director Coody opposed the idea of a public hearing. He voiced his concerns of the maintenance responsibilities, along with safety, and financial obligations regarding the visitor center and park. He was in adamant support of the development of this land. Vorsanger explained that when he took office, he promised that public hearings regarding issues such as this, and a hearing would definitely be held. Director Nash supported the idea of development of the park and asked if Staff could go ahead with a specific goal, which would identify the areas where the Board would need more information concerning the proposed park and visitor center and how it would affect the future budgets. Director Spivey echoed the sentiments of Director Henry concerning the issues involved in the development of such a park. Director Green stated that the Advertising and Promotion Commission had a meeting in January. Those present, after listening to a proposal concerning possible development of the Visitor Center, passed a resolution urging the Board of Directors to look into the purchase of the land. He had concerns about the rezoning of the property, but expressed that he was in support of such a park. Director Coody discussed the fact that a proposed police station for the City would not need to be bought and that would save $450,000; and the fact that $278,000 has been budgeted to buy new hay baling equipment for the sewer treatment plant, and these funds could be used to finance the park. He stated that a visitor center would have a direct economic benefit to Fayetteville. Kim Bronner, a resident of Fayetteville, asked the Board about the CIP bond issue in which a certain amount of money was designated to go to Parks. He asked if) this money was available for this particular park. 6( February 5, 1991 k Linebaugh explained that it was not, unless some of the other projects plannedwere deleted. He further explained that the primary amount of that money was to be used toward the purchase of Gulley Park and other park improvements which were specified in the bond issue. Y Mr. Bronner then asked if the Board had given any thought to selling some of the unusable land that has been donated to the City. In closing, he stated that most tourists are very impressed with the greenspacelof Arkansas, and he felt the park would be beneficial to all' who would behold its beauty. Linebaugh stated that the Parks Board has been asked to consider the option of selling off some unused land owned by the City. Richard Burquest, a. member of the audience, questioned the Board about why it would'be a problem to leave the land undeveloped for awhile, but go ahead nand acquire the land now. It would be a valuable asset no matter what happened. It was the consensus of the Board that it would not be a problem to leave the land undeveloped until the revenue was generated to develop the land into at -park setting. NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY Mayor Vorsanger introduced a presentation by Jim Rose, III, Attorney for the Authority, concerning the Certificate of Incorporation of the Authority and Fayetteville's participation on the Authority Board. Rose presented the Board with a procedural matter that needed the attention of the Board. He stated that the purpose of the present meeting was contained in a letter of December, 1985, which was an amendment to the Certificate of Incorporation of the Authority and changed paragraph 4 of the Certificate to read as follows: "The number of directors of the Authority shall be 9. Seven directors shall- be those individuals comprising the Fayetteville Board of Directors or those individuals appointed by said Board of Directors. The other members are to be appointed by the Quorum Court." He explained that the members appointed at present are Lois Inhoff and Butch Bartholomew, a citizen of West Fork, has agreed to continue to serve as well. The purpose of this meeting was to inform the Board that a decision needs to be made about whether the seven members of the Fayetteville Board of -Directors were going to serve on the Authority or whether members would be appointed to serve in each of the directors' place. He stated that traditionally, all seven Fayetteville Board of Directors have served on the Authority. Rose explained to the Board that state statute (14-233-112) protects the Authority Board member or any member appointed by you 01 February 5, 1991 from liability. He further explained that how finding someone to take the Board member's place, in the event that they chose not to serve on the Authority Board, is totally up to each director. The approval of that person must come before the entire City Board. Director Green inquired about litigation concerning personal liability. He asked if it was true that personal immunity didn't mean that someone could not file charges under accusations of corrupt intent. He asked if it would be at the discretion of the individual Board Member to defend himself or would it be up to the City of Fayetteville, should something of this nature develop whether justifiable or not. Rose stated that he could not answer the question because it was coming from a Director of the City of Fayetteville. He stated that the question would need to be asked of City Attorney Jerry Rose. As far as a Director of the Authority, he stated that the member would be covered by the Statute referred to previously. Fran Alexander, a resident on Foxhunter Road, addressed the Board concerning the fact that you have to be a resident of Fayetteville to serve on the City Board, and she expressed her opinion that you should have to be a citizen of Fayetteville in order to serve on the Northwest Resource Recovery Authority Board as a representative of Fayetteville. She further stated that she felt that there was always a problem when it comes to representation and authorities. She urged the Board to take the responsibility to be the representatives of the Authority. There was no action taken on this matter at this meeting, but oaths of office were left for each Board member to study. Mr. Rose expressed his desire to retain a viable Board as soon as possible and requested rapid action on the part of each member on their decision. ALLEY VACATION City Manager Linebaugh explained that this issue is in regard to a petition by several individuals to vacate the alley in the Forest Heights addition. It is a very old area that was plotted in 1907. The purpose of the vacation is to allow a subdivision to be platted over the alleyway. All utilities have concurred and it is recommended by Staff. City Attorney Rose read the ordinance for the first time. Green, seconded by Vorsanger, 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. Henry, 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 7 to 0. The ordinance was read for the third and final time. February 5, 1991 Upon roll*oaii; the ordinance was unanimously adopted. ORDINANCE LEE31 APPEARS ON PAGEgso OF ORDINANCE AND RESOLUTION BOOR X x V COURT COOTS City Manager'Linebaugh explained that this was a $5.00 fee that is recommended for approval by Staff. The funds can be used for any permissible use; in the administration of the municipal court including, but not limited to, salaries and the cost of incarceration of defendants. It is required to be passed via an ordinance. It requires that negotiation be held between Washington County and City Staff to establish a percentage of funds that will go to the county and a percentage that would stay in the City. That has been worked out with the Washington County Judge with the County receiving 5%. and the City receiving 95% of those funds. That 5% has to be further approved by the Quorum Court and is on the agenda for their committee meeting. It has the possibility of increasing revenues for. Fayetteville by $60,000 to $70,000 per year, less the County's share. The ordinance was read Green, made a motion to on its second reading ; The ordinance was read Blackston made a motion ordinance on its third motion passed 7 to 0. final time. for the first time. Henry, seconded by ;suspend the rules and place the ordinance Upon roll call, the motion passed 7 to 0. for the second time. Henry, seconded by to further suspend the rules and place the and final reading. Upon roll call, the The ordinance was read for the third and Director Coody, seconded by Nash, made a motion to amend ordinance to remove the emergency clause from it. the Mayor Vorsanger explained that the amendment would in essence, strike out Section 5 of the ordinance. Director Green asked how long it had been since the $5 additional fee was permissible to cities. Rose responded by saying that it was passed in 1987. Director Spivey asked if the clause was removed, would it be possible to go ahead and accelerate it without violating any regulations. Rose explained that if the clause is removed, it will not go into effect for 30 days from the date of passage. Upon roll call, the amendment to the ordinance was defeated by a vote of 2 to 5, with Coody and Nash voting in favor of the amendment. Upon roll call, the ordinance cost for certain misdemeanor approved by a vote of 7 to 0. levying an additional $5.00 court cases as authorized by A.C.A. was 0J February 5, 1991 ORDINANCE 3532 APPEARS ON PAGE 35.Z 07 ORDINANCE AND RESOLUTION BOOK X X V TOLLING AGREEMENT Mayor Vorsanger introduced consideration of a resolution approving Amendment #3 to the Tolling Agreement between the City of Fayetteville, the Northwest Arkansas Resource Recovery Authority, and Kutak Rock Q Campbell. City Attorney Jerry Rose explained that the purpose of this amendment is to extend the date from January 29, 1991 to July 29, 1991. He stated that they are one of the firms involved in the incinerator project, and it is felt that the City may have a cause of action against them or the Authority may have a cause of action against them as a third party. In order to keep that action alive, they have agreed to give the City a Tolling Agreement, which means the Statute of Limitations will be waived until July 29, 1991. He further explained that the status of this matter was on hold because of the appeal. Director Henry, seconded by Blackston, made a motion to approve the Tolling Agreement Resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 17-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS NOMINATING COMMITTEE Director Spivey reported to the Board that there were two positions open including one on the Planning Commission and one on the City Hospital Board of Control. He explained that the position on the Planning Commission has an unexpired term that will end January 1, 1992. Spivey, seconded by Green, made a motion to recommend Mark Robertson to fill the position on the Planning Commission. Upon roll call, the motion was passed with a vote of 7 to 0. Director Spivey explained there was one position open on Hospital Board of Control, with a term ending January Spivey, seconded by Green, made a motion to recommend Morgan to fill the position on the City Hospital Board of the City 1, 1995. Edith A. Control. Upon roll call, the motion was passed with a vote of 7 to 0. Mayor Vorsanger thanked the citizens of Fayetteville for their applications regarding these two committees. February 5, 1991 1 Vorsanger:.discussed the possibility of changing the nominating procedure to=;;better enable the Board in the consideration of applicants..and possibly interviewing each applicant. He stated this possibility could be discussed at the next agenda session. The consensus of the Board was that this would take a vast majority of the Board's time, and an in-depth interview process would serve only to infringe upon the time of the Board members and the committee applicants. Director Spivey stated that there may be certain highly qualified people that would not be willing to go through that process. SOLID WASTE ISSUE d that he would be going testify. before:, the State Representatives co that this area will have and he will be at a insurance policy that was Linebaugh announce to Little Rock Thursday, February 7, to t Public Health and Safety Committee of the concerning the solid waste issues and problems with that. Also, the City Attorney Municipal League meeting concerning the discussed earlier. ,.PARLIAMENTARY PROCEDURE Coody stated that it was his feelings that the Board was out of order in voting at the budget retreat. He suggested thatthe interpretation of the Rules of Order end Procedure be studied by the Board as a whole. City Attorney Rose stated that the the Board's rules and are for them he did not really feel there was addition, a degree of informality Rules of Order and Procedure are to interpret. He further stated anything done out of order. In during retreats is appropriate. Director Coody made a motion to adopt these Rules as the order of businessfor the Board of Directors for all meetings. He stated that the Board should look at the Rules of Procedure more closely. The motion was not seconded. POLICE DEPARTMENT & FIRE DEPARTMENT RESOLUTION Director Nash, seconded by Coody, made a motion that a formal commendation be submitted in the form of a resolution, to the Fayetteville Police Department in regard to crowd control at the Anti -War Protest that was held at a previous date in the City. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 18-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Nash, seconded by Coody, made a motionthat a formal commendation be submitted in the form of a resolution, to the Fayetteville Fire 65 February 5, 1991 Department in regard to the high quality of fire protection that is furnished the City by them. Upon roll call the resolution passed by a vote of 7 to 0. RESOLUTION 19-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Vorsanger added that these two Departments, along with other City employees have done outstanding services. He stated that Scott Linebaugh and Kevin Crosson should be commended for their obtaining the Certificate of Achievement and Financial Report Award from the International Association of Governmental Finance office, for the second year in a row. He explained that this award is a form of recognition for the financial statement, which is a CAFR (Comprehensive Annual Financial Reporting) and is the highest award presented. The Board commended also, the volunteers of the City of Fayetteville. REGIONAL AIRPORT ORDINANCE Candace Marie Henry, a resident of Fayetteville, addressed the Board concerning an ordinance that she gave the Board at the last agenda meeting. She reported that Tuesday, February 12, 5:00 p.m. at the Rogers City Administration Building, there would be a meeting of the Regional Airport Authority. She stated that the Northwest Arkansas Planning Commission extended an invitation for her to come and speak to them, also. She urged the Board to dialogue with her concerning this ordinance. Rose stated that this subject would be reported on at the next Board meeting. Chris Kirby, a resident of Fayetteville, addressed the Board concerning the group called "The Partnership for Sustainable Growth." He stated that this is an incorporated organization which has been formed with some grave concerns about the Regional Airport Authority. On their behalf, he stated that the group as a whole was in support of a public vote to be held concerning the formation of a regional airport in the area. Vorsanger pointed out that no one has said there would not be a vote on this issue. The Board is presently awaiting the possibility of a feasibility study to be done first. ADJOURNMENT The meeting adjourned at 10:35 p.m.