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HomeMy WebLinkAbout1991-06-18 MinutesMINUTES OF A MEETING OF TEE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, June 18, 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 Dan Henry, Julie Nash, Michael Green, Bob Shell Spivey, City Manager Scott Assistant City Attorney LaGayle McCarty, Sherry Thomas; members of the staff, audience. ABSENT: CALL TO ORDER City Attorney Jerry Rose Coody, Ann Blackston, Linebaugh, City Clerk press and • 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. REPORT TO THE PUBLIC City Manager Scott Linebaugh presented a report to the public and Board, which is presented by the City Manager at the second Board meeting of each month. This report, for the month of May, includes financial information, an update on staff activities, and items of general interest. FINANCIAL SUMMARY Linebaugh reported that the financial summary at the end of May 1991, showed assets of $181.1 million and liabilities of $46.8 million with a fund balance of $134.3 million. Revenues were $20.4 million and expenses at $20 million for a balanced budget at the end of May 1991. INSPECTION DIVISION Linebaugh reported that for the month of May 1991, the Inspection Division had issued 155 construction permits for a total value of $6.4 million, compared with last year's total of 106 permits for a total of $2.8 million. John Merrell reported that the vast majority of these permits were residential and several were commercial permits, but no industrial permits were issued in May. COMMUNITY DEVELOPMENT DIVISION Linebaugh announced that in the Community Development Division work has begun in the northern target area by Crafton & Tull Engineers designing streets, sidewalks, and storm drainage. J Z 1 June 18, 1991 RECYCLING For May 1991, Linebaugh reported that 59 tons of newspaper, 41 tons of glass and 2 tons of aluminum had been collected, exceeding the projections. FAYETTEVILLE VISION PROJECT Clark McClinton, Chairman of the "Vision Fayetteville" Steering Committee, addressed the Board and gave a special presentation on their progress to date. He reported that members of the steering committee were Fred Hanna, Jana Britton, Mike Faupel, Dale Holland, Bev Rouse, Mitch Singleton, Melanie Stockdell, Amy Estes, Jessie Bryant, Julie Nash, and Dan Coody. He stated the committee started out with two meetings planned, but ended up meeting many more times including the 8 public meetings that were held at area schools. McClinton read the proposed ten major goals of the Committee which included both short and intermediate term goals. Mayor Vorsanger announced that a special joint meeting with the Planning Commission would be held in early July to discuss "Vision Fayetteville" Committee's recommendations and report on implementation of their goals. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts or leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda". The Mayor explained that there is thought to be unanimous agreement by the Board, but pointed out that any Director may request the removal of an item from the Consent Agenda. The Mayor read the items contained in the Consent Agenda as follows: A. Minutes of the June 4, 1991 regular Board meeting; Director Henry requested a correction in the June 4, 1991 minutes. E. A resolution approving a budget adjustment to record $100,000 of grant revenue to aid in the renovation of the MedArk Building for the Fayetteville Public Library; Staff recommends approving the budget adjustment. This will not affect the available funds for the project. RESOLUTION 112-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. A resolution awarding an architectural contract in the amount of $14,520.00 to Hailey i Associates for • • June 18,' 1991, renovation of the building to be used by Public,Access Television; Staff recommends approving the contract. RESOLUTION 113-91 APPEARS ON PAGE OF ORDINANCE,AND RESOLUTION BOOR D . A resolution awarding a construction contract in the amount of $434,832.00 to the low bidder, Heckathorn Construction Company, for the expansion and renovation of the Fayetteville Public Library, and approval of a budget adjustment; Staff recommends awarding the contract. The budget adjustment of $20,000 is needed for a contingency to cover unforseen construction problems. The Library Board voted to contribute another $34,000 in addition to the $50,000 they had previously committed to the. project. The total cost of the project is $414,420.00.", RESOLUTION 114-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E . A resolution authorizing granting a quit claim deed for property fronting on Crest Drive by Andy Adams representing Hayden Mcllroy; Staff recommends granting the quit claim deed. The Planning Commission approved a Conditional Use request on April 22, 1991, contingent upon Mr. Mcllroy obtaining a small amount of property from adjacent property owners. He has obtained the quit claim deeds from these people, but discovered the land was subject to a right-of-way easement granted to the City in 1966. In order to settle the matter, Mr. Mcllroy has requested a. quit claim deed from the City. RESOLUTION 115-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR F. A resolution accepting an offer to settle from Burlington Northern Railroad. for $7,500.00 regarding the eminent domain proceedings the City authorized to obtain street right-of-way on property Burlington owned along North Street; Staff recommends accepting the offer. The City has already deposited $6,150.00 with the Court as the City's best estimate of just compensation. v tp . a �k'y�: • • Juno 18, 1991 RESOLUTION 116-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION 800! Blackston, seconded by Green, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. REGIONAL AIRPORT The Mayor introduced a request by Mr. J.E. Springborn, a member of the Airport Citizen's Advisory Committee, to address the Board to communicate concerns regarding the proposed Regional Airport. J.E. Springborn addressed the Board expressing his concern on the lack of an EIA "Environmental Impact Assessment" as the first order of business and proposed that the City should obtain an independent EIA for review and recommendation. In order to assure that the environmental impact of the regional airport is acceptable, Springborn proposed that the Board retain an expert to do an extensive study and present an EIS "Environmental Impact Statement" once the design was finalized. Springborn presented a slide presentation on the regional airport's EIA. Springborn stated that he had not researched the cost of obtaining a consultant to perform the proposed EIA. Bill Martin, member of the Regional Airport Authority representing the City, stated there was basically no fundamental differences between what Mr. Springborn proposed and what the Authority wanted regarding the EA and EIS. He said these are two different types of studies, and introduced John Quinn who would explain the differences. John Quinn of McClelland Engineers, the consultants selected to study the Regional Airport, addressed the Board explaining the technical differences between an EIA and EIS. Quinn explained that Bernard Dunkleberg out of Tulsa was the environmental expert hired to make these studies. Quinn explained that an EIS was the most comprehensive of all environmental documents. Typically, an EA (Environmental Assessment) would be the first step toward an EIS. An EA will result in either a FONSI "Finding of no Significant Impact", or an EIS which says that the environmental consequences as determined and identified by the EA are significant enough to warrant an EIS. Quinn reported that the Federal Aviation Administration had recognized that an EIS should be undertaken on this Regional Airport, which has been contracted for by the consulting team and the Regional Airport Authority. Quinn explained that with an EIS, an assortment of opinions are collected and a very detailed scope worked out early on. In addition, an EIS involves much more comprehensive public involvement; the review and circulation of an EIS is more detailed due to the agencies (federal, state, and local) participating in the revision process 1 June 18, 1991.,,, of the draft document; and the EIS requires a longer period of time to complete. - Bill Martin stated that an EIS is a comprehensive evaluation of the impact of this potential project on the environment in this area, with rigorous, far reaching public notification procedures. In terms of the scope of the evaluation of the environmental impact of this project, the Airport Authority is taking the best route. Martin further stated that the FAA has a lot to say about the scope and sequence of the study since they are funding 90% of the study. Martin stated the four elements of the study are: 1) financial feasibility 2) site selection; 3) master plan development; and 4) environmental impact statement preparation. Martin stated that if the FAA judges the financial feasibility to be positive, it is the intention ofthe consultants and Airport Authority to formally request permission from the FAA to immediately commence the environmental impact study simultaneously with the other phases. In conclusion, Martin stated that he is comfortable with the scope of the environmental assessment and impact statement that is to be done. Dan Ferritor, member of the Regional Airport Authority representing the City, addressed the Board in support and agreement with Bill Martin's statements regarding the EIS. Peg Anderson, member of the Airport Citizen's Advisory Committee addressed the Board in support of the proposed EIS, although she believes that some sort of environmental study should be going on at the present time. Anderson further stated her concern that the improper terminology (EIA/EIS) used by the consultants has caused confusion. Director Henry stated the financial feasibility of the project needs to be determined up front because if it is not financially feasible, nothing else really matters. According to Bill Martin's statement, the four phase study is basically being performed so that all aspects of the project are being looked into simultaneously. Martin stated thatthe improper terminology used was a mistake on the part of the FAA and not the consultants. Barbara Moorman addressed the Board stating that an environmental impact statement is required by federal law under the National Environmental Policy Act for any federal project that has a significant impact on the human environment. Moorman stated that the only requirement is that the agency responsible for the project take a "hard look" at the environmental effects of a project as well as citizen input, and nothing else is required to be done, about adverse affects of a project. In conclusion, Moorman stated her support for commencement of an environmental study early on. June 18, 1991 J.E. Springborn addressed the Board and asked that the Board table his proposal pending a formal report from the consultants to demonstrate that they are indeed engaged in an environmental investigation. Director Green stated that the City doesn't have the power to act on Mr. Springborn's proposal and encouraged the Regional Airport Authority to maintain high environmental priorities as they move through the process. Coody, date. seconded by Nash, moved to table the proposal to a later Upon roll call, the motion passed by a vote of 7 to 0. REGIONAL AIRPORT AUTHORITY MEMBER Mayor Vorsanger announced the Board's proposed appointment of Robert B. Leflar, Law Professor at the U of A, as the sixth member of the Regional Airport Authority. REZONE III Mayor Vorsanger introduced an ordinance rezoning property consisting of 34 acres located north of Wedington Drive and east of Salem Road from A-1, Agricultural, to R-1.5, Moderate Density Residential, as requested by Mark Marquess of BMP Development for the property owners. City Manager Scott Linebaugh reported that the Planning Commission voted 5-0 to recommend the rezoning. Mr. Marquess is planning an affordable housing subdivision for this property. Linebaugh stated that Staff feels this type of development is compatible with surrounding land uses and recommends the rezoning. John Merrell reported that there were 151 lots proposed with the development to be done in four phases. Some of the lots will be moderate priced housing. Merrell reported no opposition to the project. Merrell reported some concern regarding access to the property, and he confirmed that there would be two points of access. 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 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 was passed by a vote of 7 to 0. The ordinance was read for the third and final time. Harry Gray, representing BMP Development, addressed the Board and offered to answer any questions regarding the project. June 18, 1991,,. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3552 APPEARS ON PAGE Yaa. OF ORDINANCE AND RESOLUTION BOOK XX BOARD OF DIRECTOR COMPENSATION Mayor Vorsanger introduced consideration by the Board if board members should be compensated for their services. Act 1012 to the Arkansas Statutes allows the Board of Directors to establish the level of compensation for board members and becomes effective July 31, 1991. Staff recommends each member of the Board be polled to determine if compensation should be provided. If the Board decides to establish compensation, then the level must be set and an ordinance adopted. Director Blackston reported that the compensation issue wasn't raised until the Legislature passed a law (Act 1012) allowing City Board members to be compensated. He stated that it was something that the public needs to consider and perhaps put it on the ballot for the next election. He stated he was not in favor of voting for director compensation for himself. Director Green stated that serving on the Board was a community service act and it should be a voluntary position without compensation. Director Spivey stated that the amount of proposed compensation ($83 per month) would not be enough to draw qualified Directors, and it should be left up to the general public. Director Nash stated that at the present time, this type of compensation pertained to a mayor/council form of government rather than city manager form of government. She stated she would not be comfortable in voting on this. Director Henry stated her concern of the public's perception that the Board doesn't represent a cross section of the community.. Director Nash stated she did not want to vote herself a salary. This has come up in most of the Vision meetings as a means of opening up the director positions to everyone because they could better afford to run if they received some sort of compensation. Director Coody stated that this is a minor issue and has become too big of an issue with the press. Director Henry stated she was concerned about the perception that there was not a cross section of the community represented on the Board. People are too often labeled and viewed only in one ill Xi '? June 18,1991 dimension. People are mistaken if they feel there is not a cross section of the community on the Board. She stated she could not vote herself a salary. There are out-of-pocket expenses, but she chose to incur these when she ran for the office. She stated she is proud to be a part of this Board which is not all male, not all retired, and not all of the same age. Mayor Vorsanger stated that he ran for the Board as a public service and he doesn't believe paying a Director ensures that good people will serve. It was consensus among the City Board members that this issue should be put before the voters and was not for the Board to decide. Cyrus Young, resident of Fayetteville, addressed the Board stating that he felt accessibility was a problem if you held another job and that Board compensation would replace lost income as the meetings and tours take place at all times of the day. Young recommended that if all meetings were held during a time when anyone could be in attendance, more people would run for the Board member positions. Joe Robson, member of the.Quorum Court, addressed the Board in favor of Board members being compensated stating that the City presently pays 38% of their budget for contract services. In addition, Robson stated that directors' races can cost $2,000 to $4,000 to get elected to a job that doesn't compensate them. Robson stated that in the last eleven years every mayor and at - large director for the City of Fayetteville came from the Northeast quadrant of town, and that there is not a cross-section of the City represented on the Board. In conclusion, Robson proposed that if this issue goes on the ballot, that the issue of ward representation also be put on the ballot. Sam Guido, resident of Fayetteville, addressed the Board in favor of Board compensation. Peter Tooker, resident of Fayetteville, addressed the Board in favor of Board compensation as it promotes democracy and would compensate for wages lost and the cost of campaigning. Robert Reus addressed the Board with results of a poll of 1500 people who overwhelmingly supported Board compensation. Reus proposed that some of the consultant work could be done by the legislative body of the City along with the citizens, which wouldn't be possible without compensation. Steve Ward, resident of Fayetteville, addressed the Board in opposition to Board compensation and stated that the truest form of leadership is volunteer. June 18, 1991 Director Henry stated there had been very good points made tonight. She agrees that the single ward districting wouldmake the elections cost less. Mayor Vorsanger made a motion to consider compensation for the Board of Directors. The motion died for lack of a second. PARTNERS FOR LIVABLE PLACES Mayor Vorsanger introduced this item and asked City Manager Linebaugh to explain the same. Linebaugh explained that Partners for Livable Places is a non- profit organization working to improve communities. City Staff is seeking Board action regarding the requested payment of $15,000 by Partners for Livable Places for services NOT provided by them in 1990. Linebaugh further explained that the City entered into an agreement with Partners for Livable Places in 1990; however, no services were ever provided by Partners. Staff is recommending that the payment NOT be made. If the Board should decide to make the payment, a budget adjustment would be necessary to cover the expense from the General Fund Unreserved Fund Balance. Director Coody stated that he believes that Fayetteville needs to be in the Partners program and that they should start over from square one. If we dropped the ball equally and failed to utilize Partners, then he felt we should equally share in the cost. SOLID WASTE MANAGEMENT DISTRICT Mayor Vorsanger introduced a resolution authorizing the City of Fayetteville to form a new Solid Waste Management District as specified under Act 752 of the Acts of Arkansas consisting of Washington and Madison Counties. The Board considered this at the June 4, 1991 meeting, but no action was taken. Staff is requesting the Board approve a district so that we can comply with the DPC&E deadline. The Arkansas Pollution Control and Ecology Commission under Act -752 may appoint municipalities and/or counties to be included in a Solid Waste Management District. However, it appears*that the interest of Fayetteville and Washington Counties may be better served initially by the formation of a small district. The district can be enlarged at a later date if needed. Staff is recommending that Washington and Madison Counties form a district with the potential for addressing solid waste issues to -the mutual benefit of all citizens since both counties have common topography and natural drainage areas. June 18, 1991 Mayor Vorsanger reported that Washington County Judge Charles Williams advised him that he is calling a meeting for June 26th at 3:30 p.m. at the Quorum Court facility and is requesting the City Board meet with the Quorum Court and the City Council of Springdale, which will coincide with Springdale's regular meeting on environmental affairs, to discuss the solid waste issue. Spivey, seconded by Green, made a motion to table this item. Upon roll call, the motion passed by a vote of 7 to 0. POLICE AND FIRE DEPARTMENTS STAFFING LEVELS Mayor Vorsanger introduced a resolution, carried over from the retreat session, authorizing the Police Department to hire one additional officer and the Fire Department to hire three additional firefighters. Henry, seconded by Green, made a motion to authorize the resolution. City Manager Linebaugh stated Staff's recommendation was to hire one police officer at the present time until the end of August when the needs study will be completed. Linebaugh stated that statistics show that the Fire Department is understaffed; therefore, Staff recommends hiring three additional firefighters and that this question be considered in next year's budget. It is being recommended that this be funded through property tax. Rick McCurdy, President of the Fayetteville Firefighters Association, addressed the Board thanking them for their consideration on this issue, but stated that this is only a start toward meeting the minimum requirements of twelve additional firefighters in addition to the three members being proposed. McCurdy stated that Chief Jackson supports the hiring of fifteen firefighters within 3 to 5 years, and requests that the Board keep an open ear on this issue. Sam Guido addressed the Board stating his concern about an incident he had with the Fayetteville Police Department and the possible misuse of manpower. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 117-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK NEEDS STUDY The Mayor introduced consideration of a resolution approving a needs study contract in the amount of $18,000.00 with Roth and June 18, 1991 Sheppard Architects to research the future needs of the Police Department, Municipal Court, and Prosecutor's Office. City Manager Linebaugh reported that Staff recommends approving the contract which will allow the City to proceed with the renovation of the Systematics Building. The architectural firm will prepare a study which will include future police operations needs, personnel projections, space needs adjacency diagrams, a budget for the project and a concept design. Mayor Vorsanger stated that four votes are needed to approve this resolution and at the last Board meeting, only five Directors were present and the vote was 3 to 2 on the Needs Study. Director Green confirmed that once the needs assessment study was completed, that the actual design phase will be opened up to local firms. Blackston, seconded by Coody, moved to approve the resolution. Upon roll call, the motion passed by a vote of 6 to 1, with Director Henry voting in the minority. RESOLUTION 118-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK POLLUTED STREAMS AND RIVERS Mayor Vorsanger introduced a resolution encouraging the Department of Pollution Control & Ecology Commission to develop a list of those rivers and streams in Arkansas which are endangered, threatened, or vulnerableto pollution in an attempt to help preserve water resources. Assistant City Attorney LaGayle McCarty read the resolution. Vorsanger, seconded by Blackston, moved to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 119-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK BOARD NOMINATING COMMITTEE REPORT Director Spivey announced the nominations of Earl Buddy Chaddick, James "Butch" Coger, Hoyt Purvis, Jay Sherwood Charlton and Don Deweese to the new Cable Television Commission. • Spivey, seconded by Vorsanger, made a motion to approve the nominations. Upon roll call, the motion passed by a vote•of 7 to 0. June 18, 1991 Director Spivey announced the nomination of Sonya Decker to the Arts Center Council. Spivey, seconded by Vorsanger, made a motion to approve the nomination. Upon roll call, the motion passed by a vote of 7 to 0. Director Spivey announced the nomination of Mark Renner to the Arts Center Foundation. Spivey, seconded by Green, made a motion to approve the nomination. Upon roll call, the motion passed by a vote of 7 to 0. Director Spivey announced the nomination of Timothy C. Klinger to the Historic District Commission. Spivey, seconded by Henry, made a motion to approve the nomination. Upon roll call, the motion passed by a vote of 7 to 0. OTHPR BUSINESS FIREWORKS ORDINANCE Chief Jackson addressed the Board stating that the current Fireworks Ordinance was passed in June 1988. Jackson reported a flaw in the ordinance regarding a public display fireworks show. Jackson requested that the Board approve an amendment to the existing ordinance that provides the Fire Chief and City Manager the authority to agree to an alternate date from the July 3rd and 4th requirement, applicable only to public display type firework shows, in the case of adverse weather conditions. 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 by a vote of 7 to 0. The ordinance was read for the second time. Coody, 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 was passed by a vote of 7 to 0. The ordinance was read for the third and final time. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3553 APPEARS ON PAGE 4128 OP ORDINANCE AND RESOLUTION BOOK AXV RIGHT-OF-WAY MAINTENANCE Director Henry reported that she had received some complaints regarding right-of-way maintenance. June 18, 4 1991 Mayor Vorsanger inquired as to whether this was a result, of the herbicide situation. Don Munsell, Director of Public Works, addressed the Board stating that due to the weather conditions this spring, they are behind. Munsell reported that the mower crews in the street department had been increased to a 10 hour day about three weeks ago. The areas that were previously sprayed with herbicide after the first mowing are now requiring second and third mowings. Munsell stated'that major budget changes would be required to maintain the rights-of- way. Munsell encouraged the public to let the Public Works Department know of any site -distance problem areas and they would target these areas as high priority. ' TOM MOORE'S HOUSE MOVING PROBLEMS Director Coody reported that Tom Moore had been attemptingito move an old house from Highland and Dickson Street to a block behind "Doc Murdocks" and is tied up due to a couple of details to be worked out with Swepco and the First Baptist Church. Coody requested that the City intervene to get this project completed as it is a good move toward historic preservation. • Sharon Stiles reported that the only detail remaining was td obtain a permit from the State to have the house pass through the intersection of Maple and College. The law states that a structure taller than 22 feet cannot be moved without removing the. stoplight. She reported that Moore was looking into an alternate route passing across First Baptist Church property at the corner of Dickson and College. City Manager Linebaugh stated that the City would approach the state and request this permit on behalf of Moore. SOLID WASTE MANAGEMENT DISTRICT Joe Robson addressed the Board with additional statements regarding the Solid Waste Management District. Robson stated that the major concern should be protection of Beaver Lake. ADJOURNMENT The meeting adjourned at 10:03 p.m. •