Loading...
HomeMy WebLinkAbout1991-03-19 Minutes• • MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, March 19, 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 Michael Green; Directors 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 ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed those present in the audience. 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. He explained that the Board welcomes comments on any item on the Agenda, but in order to allow equal attention to all items, the Board requests that people desiring to make.comments about the same issue appoint a spokesperson to represent the group. In addition, he said that the Board asks that comments be limited to 15 minutes per item. REPORT TO THE PUBLIC A report to the public and Board is presented by the City Manager at the second Board meeting of each month. This report, for the month of February, includes financial information, an update on staff activities, and items of general interest. Linebaugh stated that there would be two presentations made at this meeting. One would be by Mr. Bill Grigg, President of the Humane Society, concerning the new animal shelter and the second would be by Fire Chief Mickey Jackson, reporting on the HAZMAT organization, and would be demonstrating some of the equipment used by the HAZMAT organization. Linebaugh stated that some areas that he would like to highlight include the rehabilitation of the Downtown Dickson target area. He stated that there had been much success regarding this project which is being done by citizens and residents of the area. The project is being completed through a form of low interest loans and grants for the owner -occupied housing rehab and through technical 96 97 March 19; 1991 assistance. He reported that by the end of 1990, the City had invested $250,000 into the rehabilitation of 28 homes in the target area. The funding for the program is brought to the City by the CD Block Grant. The second project highlighted by Linebaugh was the Davis Park Design and Project. He stated that this started in 1985 when the City recommended a park be located in the Walnut Grove addition. A master plan has been designed for that park and it is anticipated that the design will be brought to the Board for approval in May, 1991. The park will be a 9.2 acre neighborhood park and will include facilities such as playground areas, picnic shelters, picnic tables, grills, volleyball courts, basketball courts, hiking trails, etc. After completion of this park, the City will have a total of 30 park areas for a total of well over 2000 acres. Linebaugh stated that the recycling and composting program has collected 592 tons of newspaper, 142 tons of glass and 15 tons of aluminum cans. It is estimated that there has been a participation rate of 33% of citizens using the program. There has been an 11% reduction of waste. There have been 45,000 bags of leaves and yard waste collected for the composting project. Linebaugh further stated that this concludes the 61st consecutive month without a fire fatality in the City of Fayetteville. He commended the Fire Department on their outstanding service to the community. He explained that the Fire Service Training Satellite Network had been approved to go on line July 1, 1991 Animal Shelter Mr. Bill Grigg, President of the Humane Society, introduced a slide presentation of the new and improved animal shelter to the Board. Grigg stated that the facilities will be in use upon completion and that should be very soon. He stated that the shelter is pursuing fair share funding, which means that a contract between the Humane Society of the Ozarks and any municipality or county that uses the operation is charged $15 per animal, and this is working very well. The goals of the Society are to share the burdens of the regional shelter, provide free access to citizens, and to focus the resources of the Humane Society on the root cause of the problem which is over population of pets. He stated that to date, there are four cities that have signed the fair share agreement which include the City of Fayetteville, the City of Greenland, the City of Farmington and the City of West Fork. This is the completion of Phase I. Phase II will consist of drafting contracts to approach Prairie Grove, Lincoln and Elkins. • March 19, 1991 Phase III will include the communities that use' the shelter only rarely because of their remoteness from the City of Fayetteville. Grigg stated that approximately 1200 animals come from Fayetteville and the remainder from surrounding areas. Fire Department Jacksonreported that the HAZMAT team was almost three years old now and has had an enormous amount of effort put into it by a lot of people. It has been very successful thus far. He stated that the City of Fayetteville has been an active participant in the regional team concept, and one result of this participation is the truck that will be introduced for public viewing following this meeting. He urged the Directors to continue their. financial participation. Jackson explained that SARA Act recommends states and communities throughout the nation develop plans for dealing with hazardous materials emergencies. HAZMAT was the organization developed by the challenge of the SARA Act. Jackson stated that by having a well trained and well equipped HAZMAT Team with back-up from the regional team, the Fayetteville Fire Department is optimistic that they will be able to control successfully any HAZMAT emergency that occurs within the two counties before major harm is done. The governing bodies of the two -county area were asked to participate financially in the HAZMAT project on a per capita basis. The plan succeeded and has enabled the HAZMAT .team's progress to date. He emphasized that they were definitely where they wanted to be, as far as training and expertise. Training for HAZMAT team members is an on-going process that will take many more years. There are currently four levels of training in hazardous materials response teams. Almost all of the HAZMAT members in our region are trained to the third level (HAZMAT technicians). We are the best equipped team in the state, and we hold the record for the highest level of training achievement in the state. Jackson showed a video tape made by the department regarding the HAZMAT team. Vorsanger explained that Mr. Bill Grigg was an employee of IBM and was a volunteer willing to give his time free of charge to the City, and he is an outstanding volunteer. He expressed his thanks and appreciation to Mr. Grigg for his contribution to the Humane Society. Linebaugh explainedthat there would be a public hearing to be held Thursday, March 22, 1991, at five o'clock p.m. at 113 West Mountain in Room 326. That hearing will be concerning the incinerator disengagement. 93 99 March 19, 1991 CONSENT Rana 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 March 5, 1991 regular Board meeting and the December 20, 1990 Board Retreat meeting; 8. A resolution approving the payment of $16,033.87 to the McDermott, Will i Emery law firm for services rendered during the month of November, 1990, and payment to the Niblock Law Firm in the amount of $5,460.31 for services rendered during the month of January on the incinerator disengagement, FOIA and Barnhart (formerly Robson) lawsuits. • Staff recommends approving payments of these attorney fees. C. A resolution approving a budget adjustment for all 1990 projects and items that were not completed or purchased during the 1990 fiscal year and will become a part of the 1991 Budget. Staff recommends the 1990 roll forwards and re -budgets. These items have been included in the 1991 budgeted unreserved fund balance; therefore, this will not affect the City's financial position. RESOLUTION 49-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D. A resolution approving up to $54,825.00 for utility and easement costs for the North Street and Poplar Street Bridge Projects. Staff recommends approving the costs for this budgeted project. RESOLUTION 50-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E. A resolution authorizing the renewal of the Lake Fayetteville Boat Dock Operator contract in the amount of $20,292.00 effective April 6, 1991 and ending April 5, 1992. Staff recommends approving this contract which reflects a 5% increase from last year. 1 1 • March 19,•1991 . RESOLUTION 51-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution approving Grantee Certifications required by the Department of Housing and Urban Development for the Community Development Block Grant award for 1991. These certifications state that certain conditions or policies prescribed by the Department of Housing and Urban Development are in effect. Staff recommends approving these annual certifications which are required before HUD will award the grant to the City. RESOLUTION 52-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK G. A resolution approving five year lease agreements on the two bay car wash facilities located at the Airport with. CARCO Rentals,•Inc., d/b/a Hertz, and Baker Car and Truck Rental, d/b/a Avis. Staff recommends approving the lease agreements where the lessees will make $500 per month lease payments to the City and are obligated to maintain the premises in a safe, functional, and sanitary condition in accordance with city and state codes and standards. RESOLUTION 53-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Director Coody asked the Mayor to take Item B, off of the Agenda. Henry, seconded by Coody, made a motion to approve the consent agenda. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION APPROVING PAYMENT TO LAW FIRMS Coody stated, regarding Item B, that this was abill from November, and the legal firms were asked to bring their charges up to date and keep them current. City Attorney Rose stated that due to a delay in received questions city staff had asked these were indeed delinquent bills responses from the law firms on about the billing. Coody asked what was involved when the attorneys charged time for "review publications". Rose stated that this meant that they save up publications from across the United States for a period of time and have one of the younger lawyers in their firm read those articles. This entails approximately 42 hours of work. They 100 101 March 19; 1991 believe this was vital to the case to keep abreast of current laws and legislation that might affect this case. Nash asked what that brought the City's total to now. City Attorney Rose stated that the total was now $839,000 on the lawsuit including current invoices. Henry, seconded by Green, made a motion to approve the resolution (Agenda Item B). Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 54-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK RURAL FIRE CONTRACTS Mayor Vorsanger introduced consideration of an ordinance setting the annual fee for the rural fire contracts at $177 annually for an "association" contract and at $354 annually for an "individual" contract. Linebaugh explained that the current annual fees for the fire contracts are $157.00 for an association and $314.00 for an individual. The rural departments are always called in to assist in the rural area fires because of their expertise and equipment in fighting these types of fires, and they need to be compensated for their assistance. Consideration of this ordinance was tabled at the December 18, 1990 and January 2, 1991 Board meetings. The ordinance considered at the previous meetings is not viable under the circumstances. Staff recommends this new ordinance which will include a $40 "rebate" to the contract holder when they show proof of belonging to a rural fire department. The "rebate" will be larger than the cost of joining the fire department; thus creating an economic incentive to join the rural departments. Staff has researched the options available to compensate the rural departments for helping fight these fires and has determined that this is the best way to accomplish the goal. City Attorney Jerry Rose read a resolution adopted by the Washington County Quorum Court urging the Fayetteville City Board to do all things necessary to encourage membership in rural fire associations by rural citizens seeking fire protection contracts from the City of Fayetteville. Coody, seconded by Henry, made a motion to discuss the ordinance. The ordinance was read for the first time. Henry, seconded by Coody, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. A March 19; 1991 Director Coody stated that he would like to see the rate increases be frozen for a period of five years since this was a substantial increase in rates. Jackson explained that there was certainly an option to freeze rates for a period of five years, but the reason it was written this way is so that it could be reviewed every two years. He explained that some unforseen circumstance might cause the City to want to increase or decrease those rates at that time. 102 Nash asked if the people who sign the contract will know that the Fayetteville Fire Department will have the right to refuse to respond to any fire. Rose replied in the affirmative, explaining that all of that was written in the contract. He further explained that these contracts were reviewed by legal counsel. Henry, seconded by Coody made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll., call, the motion ordinance passed by a vote of 7 to 0. ORDINANCE 3537 APPEARS ON PAGE ,37/ OF ORDINANCE AND RESOLUTION BOOR X X V 36 -INCH BEAVER WATER LINE ROUTE Mayor Vorsanger introduced a resolution approving the route for the 36 -inch transmission line from the Beaver Water Plant to Fayetteville. This item was considered by the Board at the March 5, 1991 meeting. The Board postponed making a decision on this item until this meeting to allow sufficient time for public input. The recommended route is the eastern route which follows closely the existing line utilizing existing right 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 on Highway 62. Green, seconded by Nash, made a motion to approve the resolution. Mr. Van Hoose, the engineer for this project, asked the Board to approve the proposed resolution. He explained that the rural groups would have the choice of being involved in this project. He stated that the resolution would need the approval of the Board to go ahead with the routing plans, but hold off on signing contracts until after the rural situations work themselves out. He stated that the installation of a 36 -inch line now, would accommodate the City for future growth. He presented a map of the proposed routing. He stated that this project would take approximately six months to get t� the point to call for bids, and it should be operational toward the end of 1992. 103 March 19, 1991 Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION SS -91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOR WOMEN'S HISTORY MONT$ Vorsanger introduced a resolution commemorating Women's History Month. Henry, seconded by Nash, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 56-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK REPORT FROM NOMINATING COMMITTEE Director Spivey reported that there were several vacancies on Commissions and Boards. The Committee has a recommendation to fill these positions. Spivey recommended that Joe Fennel be placed on the Advertising and Promotion Commission. Spivey recommended that Don Mills and Lonnie Meadows fill the positions on the Board of Adjustments. He recommended that the Board of Housing and Construction Appeals position be filled by Neal Albright. Director Spivey recommended that Laura Altom and Sharon Stiles be appointed to the two vacancies on Historic District Commission. It was recommended that William Waite be appointed to the Parks and Recreation Advisory Board. Camilla Crouch was recommended to be appointed to the Library Board of Trustees. Henry, seconded by Blackston, made a motion to approve the nominations. Upon roll call the motion passed by a vote of 7 to 0. OTHER BUSINESS COMMUNITY COMMENDATIONS Director Coody stated that he would like to see people and businesses in Fayetteville commended for their actions when they do things to improve or better the community. March 19, 1991 SEWER PLANT ODOR PROBLEMS • Tim Carson, a resident on Highway concerning the odor from the sewer take action on this matter. 45 East, addressed the Board plant. He urged the Board to Linebaugh stated that there has been discussion about entering into a contract to look at the different things that can be done to try to help the odor at the plant. He stated that this contract would enable the City to see if there were certain operational things that could be done to improve the situation and/or how to spend money that has been estimated (and some budgeted) to dome the actual offending parts of the plant. He stated that contract has not been signed, but negotiations and discussions of what the contract will entail have begun. Henry Huffman, of OMI, stated that there was money put into the budget to research the source of these odors. It is felt the problems are within the digester. He stated that the projected cost for a dome is approximately $3 million. This 'would entail some type of structural fiberglass or metal dome to cover the four large digestion tanks. The gases would have to be collected and scrubbing devices installed to remove the odors from the gases taken out of the digesters. Huffman stated that during the treatment of the sludge, the offensive odor is created.. Linebaugh stated that several things have been done to try to reduce this offensive odor and improvements have been made somewhat. He stated that there was money in the C.I.P.•that could be used on the doming project if necessary. The possibility of obtaining grants and loans has also been explored. He stated that this money could not be spent for this until there has been a study of where the source of the problem lies. Van Hoose stated that the first phase of the study should be completed within 60 days, and Phase I will begin whenever contracts are worked out. Linebaugh stated that there was $100,000 placed in the budget this year for the study itself. Tim Carson stated that he felt the Board should be committed to solving this problem. He expressed concern that the Board might resolve to only a "half -way" solution to the problem. Green stated that the City was committed to solving the odor problem. ADJOURNMENT The meeting adjourned at 9:00 p.m. 104 •