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HomeMy WebLinkAbout1991-04-02 Minutes120 MINUTES OP A MEETING OF TEE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, April 2, 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 Ann Henry, Dan .Goody, Julie Nash, Shell Spivey and Bob Blackston; City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of 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 comments on explained that comments should be and a spokesperson be elected for MCREE PRESENTATION any item on the Agenda. He limited to 15 minutes per item, comments made on the same issue. The Mayor introduced Fire Chief Mickey Jackson who then addressed the Board. He stated that there was a young man in the audience who had put into practice some of the efforts that have been taught by the Fire Prevention Division through the public education program, and through that education had effected the prevention of perhaps some serious injuries to a member of his family. Chief Jackson introduced Bob and Elizabeth McKee and Meredith (who is six years of age) and Shawn McKee and Shawn Brouchard. Chief Jackson stated that on March - 20, 1991, Shawn and a friend of his, who were practicing some of their scouting knowledge, built a campfire in the yard of their residence. Meredith was out lending a hand in the project, and for some reason that is not well known, a spark escaped from the fire, and landed on Meredith's clothing and ignited her clothing. She happened to be wearing clothing that was high in polyester content, which burns easily. Meredith reacted in a rather normal way, she started to run. Shawn saw what was happening and he caught Meredith and was able to get her to the ground and roll her through training that he had learned both in scouting and school, about stop, drop and roll. He extinguished the fire in her clothing, she was taken to the hospital, treated in the Emergency Room and released. Chief Jackson stated that it was his feeling, that through the quick action of Shawn, that she was prevented from much more serious injuries, and spared irreparable scarring. He stated that Shawn should be recognized by the community as a hero, and was given a presentation by the Board and given a certificate for his brave 1'1 April 2,'1991 actions. Meredith was presented with 10 movie passes from the Malco Movie Theater for her bravery in the Emergency Room. CONSENT AGENDA Linebaugh stated that "Item 5" from the Consent Agenda (re -zoning South of Hwy. 112 and Northwest of Hwy. 71 Bypass) be tabled until the next meeting. 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 March 19, 1991 regular Board meeting and the January 4 and January 9, 1991 Board Retreat meetings; B. A resolution awarding Bid 91-6 for Hay Harvesting Equipment to the various bidders: Williams Ford Tractor in the amount of $133,927.00, Tom Christian Equipment Company in the amount of $14,814.94, Daugherty Equipment, Inc., in the amount of $3,099.00, and Mosman Scale in the amount of $40,717.00; Staff recommends awarding the bid. RESOLUTION 57-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR C. A resolution awarding Bid 91-4 to Cintas Corporation for Uniform Rental, the low bidder. There is $45,577.00 budgeted for uniforms in the 1991 Budget; Staff recommends awarding the bid. RESOLUTION 58-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOM D. A resolution approving an engineering contract with McClelland Engineers in the amount of $17,710.00 in connection with water improvements on Sunrise Mountain; The Selection Committee and Staff recommend approval of the contract. RESOLUTION 59-91 APPEARS ON PAGE 01 ORDINANCE AND RESOLUTION BOOM ,122 April 2, 1991 1 A resolution approving two (2) utility easements granted to the City of Fayetteville by the City required in conjunction with the installation of a sewer line within Walker Park; Staff recommends approving the easements. RESOLUTION 60-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK F. A resolution approving a contract for a Land Agent with Ed Connell in the amount of $27,000.00 for a 12 month period; Staff recommends approving the land agent contract. The contract amount is a 10% increase over last year's amount. RESOLUTION 61-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK Green, seconded by Coody, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. REZONE I City Manager Linebaugh stated that this was an ordinance rezoning property located west of College Avenue and north of the Highway 71 Bypass consisting of 43.13 acres from R-2, Medium Density Residential, and A-1, Agricultural, to C-2, Thoroughfare Commercial, as requested by Dave Jorgensen on behalf of Duane Nelson. Linebaugh stated that the Planning Commission voted 9-0-0 to approve the rezoning. Staff recommends approval. John Merrell explained that in order for this property to be served, it would require the development of a four -lane street to be constructed extending Stearn Street westwardly, beyond the funeral home and the Ramada Inn. He stated that this would be a suitable area for commercial development. Coody, seconded by Henry, made a motion to put the item on the table for further discussion. 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. Coody, seconded by Henry made a motion to further suspend the rules and place the ordinance on its third and final reading. '.123 April 21°1991 Merrell stated there would be no greenspace allowance as a part of the rezoning. However, upon development of the property which tentatively consists of a subdivision plat, greenspace may be better addressed at the plat planning stage rather than at the rezoning phase. Vorsanger stated that the Board had toured the property the previous day, and it was their concern about the possibility of heavy traffic build-up in the future. Jorgensen stated that a four -lane road would accommodate future heavy traffic. He stated that he was planning to abide by the master street plan, and a traffic problem would be alleviated in the area. He stated that there were plans to incorporate a spring that runs through the property, which will have landscaping around the spring, down through the middle of the parking area. This would answer the question of greenspace. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3538 APPEARS ON PAGE 379 07 ORDINANCE AND RESOLUTION BOOR X X V REZONE II Linebaugh stated that this vas an ordinance rezoning property located on the south side of Zion Road and wast of Venetian Lane (1301 Zion Road) consisting of 1.19 acres from 1-2, Medius Density Residential, to R -O, Residential -Office, as requested by George Faucstts on behalf of Jams Pickett. Linebaugh stated that the Planning Commission voted 9-0-0 to approve the rezoning, and Staff recommends approval. Merrell stated that the rezoning is consistent with future growth of Zion Road, and this would probably be the last lot to be zoned commercial. 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 was passed by a vote of 7 to 0. The ordinance was read for the second time. Coody, 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 by a vote of 7 to 0. Director Nash stated that she had been contacted by two residents residing on Zion Road in opposition of the ordinance. She stated that she, too, was opposed to speculative rezoning. John Merrell stated that this rezoning had an element of speculative rezoning. Staff stated that there were no immediate { 124 April 2, 1991,, plans for development of the property in question. Coody stated that he was opposed. to a speculative rezoning also, but in view. of the future development potential, he felt .it should be zoned R -O. Coody stated that he, also, had received phone calls in opposition to the rezoning. Upon roll call, the ordinance passed by a vote of 6 to. 1, with Nash voting in the minority. ORDINANCE 3539 APPEARS ON PAGE .37‘ OF ORDINANCE AND RESOLUTION BOOR )0(t/ STREET CLOSING Linebaugh stated that this was an ordinance amending and correcting Ordinance 3182 to close a portion of Locust Street between 7th Street and 8th Street. Linebaugh stated that on April 15, 1986, the Board of Directors closed a portion of South Locust Street by the passage of Ordinance 3182.. It has been discovered that the legal description of the portion that was to be closed was in error; therefore, it has become necessaryto amend this ordinance to include the correct legal description. Staff recommends adopting this amending ordinance. The ordinance was read for the first time. Henry, 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 Nash, 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. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3540 APPEARS ON PAGE 372 OF ORDINANCE AND RESOLUTION BOOK KKV COMMENDATION Mayor Vorsanger explained that this was a resolution commending City Manager Scott C. Linebaugh for his lobbying efforts in Little Rock on behalf of the City of Fayetteville. The resolution was read by City Attorney Jerry Rose. Vorsanger, resolution. seconded by Coody, made a motion to' adopt the Upon roll call, the motion passed by a vote of 7 to 0. Vorsanger commended Director Mike Green, also. 425 April 2, 1991 RESOLUTION 62-91 APPEARS ON PACE 07 ORDINANCE AND RESOLUTION BOOK OTRER BUSINESS Mayor Vorsanger introduced consideration by the Board of items that may have been presented after this agenda has been prepared and distributed. STEERING COMMITTED Mayor Vorsanger appointed Director Dan Coody and Director Julie Nash to the Steering Committee. NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY City Manager Linebaugh stated attorney, has requested that an stated that the meeting would be the Agenda meeting. This would Authority. that Jim Ross, the Authority's Authority meeting be called. He 8:30 a.m. Wednesday, right before be to elect the officers for the HAZMAT Directly after the meeting the HAZMAT post will be at the City Administration Building for inspection. He stated that this is a very integral part of the HAZMAT operation. HARSHEN SETTT•F•MENT City Attorney Rose stated that the City has filed suit against Mr. Hanshew enforcing a lien for the razing and removal of some condemned property on his land. The suit is for approximately $4,000. A settlement offer has been received in the amount of $2,000. The posture of the case is that the City has sought to enforce what is believed to be a very legal lien. There are some equities on Mr. Hanshew's side. He is an elderly gentleman in poor health, and was in poor health during the time that the City tried to arrange to condemn and tear down the property. Under these circumstances, and also due to the fact that a counter -claim has been filed against the City, Rose stated that he would recommend the settlement as being fair and reasonable and in the best interest of the City. Henry, seconded by Blackston, made a motion to accept the settlement. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 63-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK 1 ' April 2,•1991 #ANIMAL SHELTER Linebaugh stated that the Animal Shelter had invited the Board to tour the new facilities immediately following the Agenda meeting April 10, 1991. NOMINATING COMMITTEE Director Spivey stated that the Nominating Committee met the previous afternoon, to act on the appointments and recommendations to serve on the Citizens Advisory Committee for the Airport. Each member submitted approximately 35 names. The Committee, after reviewing all applicants, sent back 25 names. All of those people have been contacted, and approximately half of them were unable to serve. It was then narrowed down, and voted on the top five. Spivey recommended that the following people serve as representatives on the Advisory Committee: John W. Cole, Jack Springborn, Judith Levine, Peg Anderson and Jo Anne Sandlin. Spivey, seconded by Vorsanger, made a motion to recommend those nominated to serve as representatives on the Advisory Committee. Upon roll call, the motion passed by a vote of 7 to 0. DIRECTOR. ANN HENRY Director Henry stated that she felt compelled to correct the Mayor on his statement, which he made at the public hearing on the incinerator, "Nobody on the current Board had anything to do with that." She stated that this was in error because about 15 years ago she went on the City Board and served for five years as a Director. She was Chairman of Solid Waste at that point and worked with a three county area and approximately 21 communities who were working to try to solve the problem with solid waste. Looking at economic considerations and looking at landfill sighting problems, and ground water in Beaver Lake, the City entered into feasibility studies to see what was the best way. At that time, by 1979, that was the considered choice. Henry resigned from the Board in 1982 because she had a full time job and three teenagers. At the request of the City -Board, she remained on the Authority, of which she had been elected chairman, for one year. At that point she resigned because she felt the responsibility should go with the elected officials and not a citizen. Her resignation was effective in 1983. She stated that her daughter came home the other day and showed her something to the effect that Henry had personal liabilities, and had a lot of conflicts of interests. She was never contacted by anyone regarding this. She stated that she only signed contracts for the feasibility studies and minutes for the Authority. She feels as though she did everything in good faith, and abided totally by the,Freedom of 127 April 2, 1991 Information Act. Every meeting held by the Authority was held and covered by local newspapers. Those were public minutes and publicly reported. She does not feel a sense of personal liability or conflict. She felt it was her obligation to make these facts known to the public. Mayor Vorsanger stated that it was his recollection that he said, "No members of this Board were serving on the City Board at the time the decision was made on the incinerator." Director Henry stated that fact was indeed correct. RECONSIDER SOTS Director Coody stated that he felt obligated to say that he had voted incorrectly at the public hearing regarding the incinerator issue, and he therefore, felt compelled to correct that vote. He stated that when Director Nash made the amendment to not appeal if the choice were ours, whatever the decision of Judge Adams was, he would like his vote to stand corrected. Goody, seconded by Nash, made a motion to reconsider the motion that passed, saying that the "City would stay the course" voted on at the public hearing. Coody asked what would happen to the credit rating if the court said the City did not have the authority to repay the bonds. He asked if the City was obligated to the portion of the debt that was assigned West Fork and Washington County. Rose stated that he had no insight on this question. He stated that these questions needed to be addressed to the attorneys representing the City in that matter. Coody also inquired as to what "reviewing publications meant." (Referring to the bill that came four months late.) Rose stated that was a question that he has also. Coody inquired as to what other questions Rose might have that were not addressed at the public hearing. Rose stated that was the only question that he had asked. He felt it was an inordinate amount of time, and deserved clarification. He then passed on to the Board what those clarifications were. Upon roll call, the motion to reconsider failed by a vote of 3 to 4, with Coody, Nash and Vorsanger voting in the minority. HOGEYE MARATHON Dr. Brown, a member of the audience, stated that the Hogeye Marathon meeting had just concluded, and asked the Board if they would declare this Hogeye Marathon Week. He asked the Mayor to be 1 • April 2, 1991 the official starter for the Marathon to be held Saturday at 7:30 a.m. HAZMAT Chief Jackson introduced Leroy Barker,. who is the Lowell Fire Chief. He stated that the HAZMAT unit that everyone is invited to look at following the meeting, is the handiwork of Mr. Barker. This was confiscated in a drug bust, and reconstructed by Mr. Barker. Jackson stated that Mr. Barker should be commended for his efforts. Coody stated that he did not realize the bind that the'people of Greenland were in until he was made aware of the situation in the newspaper. Jackson stated that there had been some preliminary meetings on renewal of the contract, and would be under further discussion. INCINERATOR Coody, stated that he had received a letter, following his vote, accusing him of the. probability that he owned bonds. He wished to make it perfectly clear that he did not buy any bonds in the incinerator. SOFTBALL LEAGUES Vorsanger stated that he had thrown out the first ball in the softball league the previous day. He stated that he was unaware that 1,000 citizens of Fayetteville utilized the facilities at Lake Fayetteville every night, between April 1, and August 31. ADJOURNMENT The meeting was adjourned at 8:40 p.m.