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HomeMy WebLinkAbout1991-03-05 MinutesMINUTES OF A MEETING OF THE• CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, March 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, Directors Michael Green, Bob Blackston, Ann Henry, Dan Coody, Julie Nash and Shell Spivey; City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of the staff, press, and audience. CALL TO OP" 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 those present in the audience. He explained that in an attempt to streamline the items of business at Board meetings, there will be a 15 minute time limit on subjects as they are discussed. In the event that the Board feels more time should be allotted on a particular subject, they have the right to extend the 15 minute limit. 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." A. Minutes of the February 19, 1991 regular Board meeting, neat Board meeting of December 15, 1990, and a Budget to Hearing of December 13, 1990; B. A resolution approving a change order with RM Plan Group in the amount of $20,310.00 for additional engineering services related to the Master Plan for the Dickson Street Improvements and Arts Center Parking project, and approval of a budget adjustment. Staff recommends approval of the change order for the work that has been performed dealing with drainage improvements, sewer investigation, and parking lot construction adjacent to the railroad tracks. RESOLUTION 36-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. Removed from Consent Agenda at Board Agenda Session 83 84 March 5, 1991 D. Removed from Consent Agenda at Board'kgenda Session E . A resolution approving an engineering contract in the amount of $38,500.00 with MCGoodwin, Williams i Yates for work in connection with the construction of a new bridge on Mud Creek just east of Highway 26S on Old Wire Road. Staff recommends approval of this engineering firm which was selected by the selection committee from four firms that submitted proposals. RESOLUTION 37-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution approving Change Order No. 1 to the engineering contract for $1,045.00 with CEI Engineers and Change Order No. 1 to the construction ntract for $14,298.36 with McClinton Anchor for the Ar:.._ _rong Avenue Improvements. Staff recommends approving the change orders which will allow for the street to be improved approximately 125 feet beyond the previously proposed end of the project. This will enable one of the industries to utilize its gate at the end of this project. RESOLUTION 38-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK G . A resolution approving a Handling Agreement and a Lease Agreement for Trans State Airlines, Inc. (TSA) TSA has purchased the Trans World Express (TWE) operation from Air Midwest. Air Midwest will continue to handle the TWE passengers through their existing counter space. The lease provides for payments to the City for aircraft landing fees and non-exclusive space rentals previously paid by Air Midwest. Staff recommends approval of these agreements which will not mean any additional revenue for the City at this time. RESOLUTION 39-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK H . A resolution approving Change Order No. 3 to the Walton Arts Center Construction Project. The total change order amount is $600,293.00 and will be paid by privately donated funds. Staff recommends approval of this change order which will cover the canopy masonry, hardware, some plumbing, most I March 5, 1991 of the mechanical system along with the temperature controls, and the lights with related electrical work. RESOLUTION 40-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK I. Removed from Consent Agenda at Board Agenda Session. J. A resolution approving the city's participation in the Arkansas Highway Transportation Department's Cooperative Program Regarding Warning Signs at Bridges. Staff recommends approving the agreement' which is required by the State Highway Commission. There is no cost to the City for this program. RESOLUTION 41-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Director Coody stated that he would like to amend the minutes from the February 19, 1991 meeting. He did not say that he would like to see all of the parks in the City of Fayetteville to be self- supporting. He stated that was a misunderstanding, that a gentleman asked him if all parks had to be self supporting, since Lake Fayetteville and Lake Sequoyah lakes are now self-supporting, and he told the gentleman that he would like to see the parks self- supporting but knew that was not possible. Henry, seconded by Blackston, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 7 to 0. REZONING Mayor Vor. .sr introduced consideration of an ordinance rezoning property requested by Call America located at 2743 Old Farmington Road consisting of .87 acres from A-1, Agricultural, to R -O, Residential -Office. The Planning Commission voted 8-1 to recommend rezoning. Staff recommends approval of the rezoning request. The ordinance was read for .the first time. Henry, seconded by Green, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read .for the second time. Henry, seconded by Blackston made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. 35 86 March 5, 1991 Terry McConnell, with Commerce Construction and Development, stated that he would be glad to answer any questions the Board might have regarding this ordinance. He stated he was attending the meeting at the owners request. ORDINANCE 3535 APPEARS ON PAGE 34/ OF ORDINANCE AND RESOLUTION HOOK X X V 36 INCH BEAVER WATER LINE ROUTE Mayor Vorsanger introduced consideration of a resolution approving the route for the new 36 -inch transmission line from Heaver Water Plant to Fayetteville. Linebaugh stated that staff recommends that this item be considered at this and the second meeting in March to allow sufficient time for public input. The recommended route is the easter route which follows closely the existing line utilizing existing ight of way as much as possible. At the north edge of Fayetteville, the route goes across the north part of the city to a point west of Highway 71 and then south to the proposed storage tanks south of Highway 62. Vorsanger stated that this item would also be considered at the March 19, 1991 meeting to allow more public input on the subject. Jerry VanHoose, associate of McGoodwin Williams & Yates, commented that the overall design study was done by his associates. He stated that copies of the report were on file at City Hall and would be available for review by the public. In idition, he stated that there was a set of 36 drawings that show precisely the location of the recommended route. Director Green asked Mr. VanHoose whether or not the majority of the proposed route was already in the existing easement. Mr. VanHoose explained that the pipeline was about 100,000 feet long. About 50,000 feet of it will parallel the old pipeline down to about the intersection of Highway 265 and Joyce Street. At that point the new line turns west across the north part of line. So, about half of the new line is parallel to the existing pipeline and in an existing easement, and about half will have to have easements and right of way acquired. Vorsanger stated that there was a question as to the logic of another line being laid parallel to the old one in the event of an earthquake or some other disaster that might damage both lines. It was stated the savings involved would far outweigh that possibility. VanHoose stated that should we have an earthquake both lines would most likely be severed even at a distance apart. He stated that March 5, 1991 these types of pipe lines are fairly quickly.'maintained in the event of a disaster. He stated that the lines would accommodate enough storage to handle brief interruptions of service. Green, seconded by Coody, made a motion to take this issue up at the March 19, 1991 meeting. Upon roll call the motion passed by a vote of 7 to 0. VEGETATION MANAGEMENT POLICIES & PROCEDURES The mayor introduced consideration of a resolution adopting Policies art Procedures for Vegetation Management for the City of Fayetteville. Linebaugh explained that staff recommends adoption of these policies and procedures with the Staff concerns to be reviewed and considered as appropriate which are a culmination of many hours and meetings by the Herbicide Task Force Members. Linebaugh stated that the public will be notified via the newspaper as to where herbicides are being used and the area will be cordoned off. Linebaugh further stated that staff would recommend a few minor changes to the resolution. The Task Force is recommending that an advisory board be established and make recommendations to the Board. Coody stated that his reaction to the policy was good. He stated that he was aware that staff had recommended some changes, and he expressed some concern about some of the changes. Nash stated she had heard from some of the public, and they feel this is a good policy. Al Vick, Der of the task force, stated that he had reviewed some of L •acoposed changes, and for the most part, he thought they were pretty minor. He stated that one of his concerns was the fact that alternative methods were not addressed by the task force, and that idea would be left up to the vegetation management committee. He explained some of the alternatives to herbicide use might include: remineralization projects and Appropriate Technology Transfer for Rural Areas, which would be nonchemical alternatives. Linda Telthorst, a member of the task force, stated that some of the changes the City would like to make include eliminating the 24 hour follow up on complaints and concerns. In dealing with a toxic chemical she stated that the City should follow up within 24 hours. She stated that she felt this was an unrealistic request on the part of the City to eliminate this 24 hour response time. She expressed her desire for the Board to adopt the policies and procedures that were developed by the Task Force. 7 88 March 5, 1991 Joe Alexander, a member of the audience, stated that he felt the herbicide report policy was a small step in the right direction and read a newspaper article to the Board. Don House, a member of the Herbicide Task Force, stated that he appreciated the jobs of the Board members more since sitting with the task force, listening to public input, which can often be divided on certain issues. He spoke in support of the policy to stand as is. He stated he supported an integrated vegetation management concept which means using herbicides as part of a long term plan. Coody asked Mr. House about the revisions the City staff would like to impose in the policy. Goody stated he was hearing the committee members say that they would like to avoid the recommendations of staff as to the change of policy. He asked Mr. House if there had been a vote taken at the Herbicide Committee. Mr. House responded by saying that there had been a vote during the Committee meeting on all areas of the policy. Director Coody stated that there was an interest in alternative methods to be used on athletic fields and near waterways. He stated that he would rather see a sign advising the public to beware of poison ivy in the Wilson Park area rather than spraying and getting the herbicides into the area creek and water supply. He questioned the legalities of using herbicides in waterways. Coody, seconded by Spivey, made a motion to table this item until the March 19, 1991 Board meeting to allow time for further research. Dr. Talbot, a member of the task force, expressed his concern that action on this issue be taken promptly because the athletic fields will be needed in such a short while. He did not recommend the use of compounds that were not cleared for use in the waterways. Talbot voiced his support of utilizing this method on a trial basis to ascertain what the results. Blackstoh stated many people were allergic to poison ivy, and he felt the immediate need to handle this vegetation problem. Spivey asked if adoption of the vegetation policy was delayed a couple of weeks if it would be detrimental to the whole project. Dr. Talbot stated delay would be detrimental in that many plants are now budding and need to be addressed immediately. Directors Coody and Spivey withdrew their motion and second to table the item. 1 89 March 5, 1991 Vorsanger asked Dr. Talbot how he felt about the policy including the staff recommended changes. Talbot responded by saying that he did not object to any of the changes, although he stated he would continue to follow current EPA safeguards. Blackston asked Talbot if he knew of any methods to control poison ivy and poison oak. Talbot responded by saying about the only way to control this is to pull it up or mow it frequently. Goody, seconded by Nash, made a motion to approve the resolution adopting Vcq•tation Management and Procedures as it is written. There was col zussion about the necessity of the 24 hour follow up on registered complaints pertaining to herbicide use. Coody stated that any herbicidal emergency could be handled through 9-1-1. Linebaugh stated the major problem with the 24 hour response time is weekends. The.proposed policy called for 24 hour response time no matter how small the complaint. This could entail major expenditures in staffing for minor problems that could easily be handled during regular working hours. Green stated he saw no real problems with the staff recommended changes. Upon roll call, the motion was defeated by a vote of 2 to 5, with •Goody and Nash voting in the minority. Nash, seconded by Coody, made a motion to amend the resolution. These motions were withdrawn. Henry, seconded by Green, made a motion to approve the policies and procedures as staff recommended. Upon roll call, the motion was unanimously: •aopted. Vorsanger expressed his thanks to all of those people that worked on the task force.. RESOLUTION 42-91 APPEARS ON PAGE BOOR w i a Y CONDEMNATION OF ORDINANCE AND RESOLUTION Mayor Vorsanger introduced consideration of an ordinance condemning a dilapidated,fire damaged/unsafe and vacant building located at 814 South College Avenue. This property was scheduled to go before the Board at the November 20, 1990 meeting to consider condemnation proceedings. However, the property -was sold so additional time was given to the new owner. 90 March 5,' 1991 A violation notice was mailed to the new owner on November 20, 1990. However, no correction measures have been taken, and the building continues to deteriorate. Staff is recommending that the Board approve condemnation proceedings for this property. City Attorney Jerry Rose read the ordinance for the first time. Henry, 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 Blackston, 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. Linebaugh stated that staff had prepared a slide presentation showing the property and the concerns regarding t property. Freeman Wood, Building Inspector, presented slides i.:r the Board and members of the audience to view the condition of the property. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3536 APPEARS ON PAGE 3G3 OF ORDINANCE AND RESOLUTION BOOR XXV SLUDGE MANAGEMENT SITE HAY REMOVAL PROCESS Mayor Vorsanger presented a request by Staff to determine the direction the Board of Directors wishes to follow regarding hay removal at the sludge management site. Linebaugh stated this involves a 670 acre area of bermuda grass at the sludge management site. It is an area where the City sprays the sludge, then the hay works and takes the nutrients out and helps in the sludge process. He stated this project is not a hay making process rather a sludge management process. The problem in the past has been not being able to get the hay harvested when it needs to be to ensure proper sludge management. Henry Huffman, the OMI Project Manager, stated that his firm was the contract operators for the City's waste water treatment plant. He stated that the firm has contracted with local harvesters for the past three years. He stated that there have been problems in the past, with the harvesters taking too long to harvest the hay. Coody asked about the cost of the equipment. Huffman explained the equipment would be paid for over a period of 4.2 years, realizing approximately $150,000 per year for the sale of hay less costs. Linebaugh expressed his belief that it would be a break even proposition, if not better, and all expenses incurred on it, should 1 1 ,:. 91 March 5, 1991, •be paid for by the revenue made. from the hay €bllowing the first year. Vorsanger asked where the labor would come from to operate, the equipment. Huffman stated that local labor would be hired to run the equipment during the 3 or 4 months of harvest season and would be utilized as part-time employees. Henry, seconded by Blackston, made a motion to buy hay equipment for hay. removal. • Coody ask€: :bout the cost of the equipment in the long run. Huffman st... 4 the equipment should be paid for in approximately .:4.2 years. Huffman stated the hay process would be a break-even situation the first year and would begin showing a profit after the first year. Green stated this whole project is very technical. The concerns of 'staff are to eliminate the possibility of ground contamination and ''any possible EPA repercussions. One EPA violation could cost much more than the cost of the haying equipment. Blackston stated he was one of the opponents of the hay equipment. However, after learning more about the sludge management process, he believes the right decision is to manage the whole process in- house. Nash stated that she did not support the City buying hay equipment. She thinks that options should more thoroughly be explored before purchasing equipment. Greg Cherry, an associate of Springdale Tractor Company, addressed the Board with a proposal on the purchase of equipment. He stated that the Y_ a Deere company offers a municipal lease plan, and would be g..3 to explain that plan. Upon roll call, the motion to authorize the City to purchase hay harvesting equipment passed by a vote of 6 to 1, with Nash voting in the minority. PAST DUE WHOLESALE CUSTOMER WATER BILLS Mayor Vorsanger introduced consideration of •a resolution authorizing staff to take legal action against the City of Elkins and the Mt. Olive Water Association for outstanding past due water bills. Linebaugh stated that the Board of Directors approved water rates for the wholesale customers at the November 20, 1990 Board meeting to be effective December 1, 1990. The City of Elkins and Mt. Olive 92 March 5, 1991 have been recalculating their billings based on the old rates and paying that amount rather than the increased rates. City Staff has been meeting with Millard Goff, a representative of the Rural Development Authority to try and settle this issue. While a compromise is being worked out with the Washington Water Authority, no agreement has been reached with the City of Elkins and Mt. Olive at the time of print. Staff is recommending legal action to collect the unpaid balance of the water billings. Nash, seconded by Blackston, made a motion to pursue legal proceedings. Vorsanger explained that both Directors Henry and Blackston have met with the people from the County on several occasions. There was discussion about the rate of return being c ged in the rates. Linebaugh stated the rate of return indicated Black and Veatch, the city's rate consultants, was necessary in order to keep the citizens of Fayetteville from having to subsidize the rural water users rates. Millard Goff, a member of the audience, stated that it has been the contention of the Rural Development Authority that the study which was done is somewhat flawed for various reasons. He stated that there has been no compromise offered. He stated the 8.8% rate of return was in error. The Board was being asked to sue or not, and Goff reminded the Board that at some point in time, they would be needing easements, rights of way, etc., and he encouraged the Board to work with the Elkins and Mt. Olive people. He feels an 8% compromise rate of return would be acceptable to both parties. Coody asked if the rural water rates have been increased based on the city's increased rates. Goff stated they had been. Jerry Paschal, manager of Mt. Olive Water Association, addressed the Board in opposition to the City's water bill, and taking legal action. He stated Mt. Olive does not have a grudge against Fayetteville and would like to find a way to work this out. Linebaugh stated that to date, there is $54,000 that is owed to the City. Goff stated he felt all of this could have been avoided if the entities had communicated earlier. He now feels the judge will have to be the person to make the proper decision. Coody suggested the water customers practice water conservation to cut costs. 1 1 1 • March 5,' 199.1 • A member of the audience, addressed the Board in opposition to the City taking legal action, stating that he felt they were over charged for the use of water. Upon roll call, the motion passed by a vote of 7 legal proceedings concerning this issue. RESOLUTION 43-91 APPEARS ON.`PAGE BOOK k. SEWER .SYST^Y EVALUATION STUDY to 0 to pursue OF ORDINANCE AND RESOLUTION Mayor Vorsan-i4r introduced consideration of a resolution approving a contract in an amount not to exceed $5001611.00 with RJN and McClelland Engineers for Phase I of the Sewer System Evaluation Study of the sewers within the Illinois River Watershed. Linebaugh stated that staff recommends approving the contract. RJN and McClelland Engineers were chosen by the selection committee over four other firms that submitted proposals. Nash, seconded by Green, made a motion to approve the resolution. Upon roll call the resolution passed by a vote of 7. to 0. RESOLUTION 44-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK WATER SYSTEM IMPROVEMENTS Mayor Vorsanger introduced consideration of a resolution approving a construction contract for water system improvements to Goodwin and Goodwin Contractors in the amount of $299,575.00. Staff recommends approving the contract to the low bidder, Goodwin and Goodwin of Fort Smith, for improvements to Van Asche Street, Hwy. 112 -Drake Street, Futrell -Gregg Street, Hillcrest -Evelyn Hills, Crossover Road -Happy Hollow, and the South Mountain Booster Station Improvements. Nash, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed unanimously. RESOLUTION 45-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 1991 STREET OVERLAY PROJECT A resolution awarding Bid 90-18 to McClinton Anchor in the amount of $685,389.00 for the 1990 overlay project on various city streets. 93 94 March 5, 1991 Director Coody read an article out of the Northwest Arkansas Times regarding the Rogers overlay project and stated he hoped Fayetteville would be making progress in this area. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 46-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK EMPLOYEE RECOGNITION Mayor Vorsanger introduced consideration of a resolution commending the employees of the City of Fayetteville General Administration, Administrative Services, Public Works, and Planning Management Departments. This would commend all of the city employees who c;above and beyond the call of duty. Blackston, seconded by Coody, made a motion to approve the resolution. Upon roll call the resolution passed by a vote of 7 to 0. RESOLUTION 47-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS MUNICIPAL JUDGE SALARY Linebaugh introduced consideration of a resolution that would move Judge Rudy Moore's position from a part time position to a full time position. There was not enough time to research this matter. There would be a salary increase from $50,000 to $65,000, if it is the wish of the Board. This resolution would allow the Board to make the change from part time to full time. Staff recommends that the position be made full time and a salary of $65,000 be imposed. This would amend current legislation. Henry, seconded by Nash, made a motion to increase the Municipal Judge's salary and range increase. Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 48-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 1 95 March 5, 1991 1 HERBICIDE ISSUE Roy Dalton, a resident of Fayetteville, addressed the Board Concerning the curtness with which Mr. Reus was treated earlier in the meeting. He also addressed the Board concerning his objections to the new 15 minute rule the'Board has imposed at this and all future meetings on any given issue. He expressed his desire for someone from the PTA to be represented on the herbicide task force. He further addressed the Board in opposition to the resolution passed by the Board concerning the use of herbicides. BOARD RULES Steve Ward, a resident of Fayetteville and President of the Chamber of Commerce, addressed the Board concerning his support of the way . the meeting was conducted and handled. He commended all Board members for their service to the City. ADJOURNMENT The meeting was adjourned at .10:12 p.m.