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HomeMy WebLinkAbout1991-07-16 Minutes..y W MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS A special meeting of the Fayetteville Board of Directors was held at 6:00 p.m. on July 16, 1991, in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger, Directors Shell Spivey, Bob Blackstone Ann Henry, Dan Coody, and Julie Nash: City Manager Scott Linebaugh, City Attorney Jerry Rose, and City Clerk Sherry Thomas. ABSENT: Director Mike Green CITY MANAGER EVALUATION Mayor Vorsanger called the meeting to order and stated the purpose of the special meeting was to evaluate the performance of City Manager Scott Linebaugh.. He stated the Board would go into Executive Session to conduct the evaluation: Vorsanger further stated that each Board member had been given an evaluation form to complete and return to him. He has tabulated the forms, and they will be discussed in the Executive Session. The -Board retired into Eiecutive.-Session at 6:09 p.m. • • The Board retdrned from Executive-Session'at 7:17 pcm. Mayor Vorsanger stated the& Board had reviewed City Manager Linebaugh in 14 categories. City Manager Linebaugh was scored in each of the areas, and the scores•reflected that Mr. Linebaugh is. performing at about a,.score of 8, which reflects he is exceeding the requirements of his position. A score of 10 would reflect he was far exceeding expectations. } Mayor Vorsanger stated the Board had reviewed all of the comments made by the Directors and went around the table and each Director talked with Mr. Linebaugh. «The City Manager responded to each Director and indicated that he would work on any areas they felt needed to be strengthened. One of the areas he was requested to work on was to pay more attention to public relations. The City Manager's salary was reviewed, and it was decided to give him a 6 1/2% raise from his current $65,000 per year to the increased salary of $69,225 per year. Director Coody asked what the Little Rock city manager made. Linebaugh stated he made $80,000 per year. The median salary is $71,000 for this geographical area. Director Coody asked what the median salary was for Arkansas. M V July 16, 1991 Linebaugh stated he did not know. Spivey, seconded by Blackston, made a motion to approve the salary increase. Upon roll call, the motion passed by a vote of 4 to 2, with Directors Coody and Nash voting no. ADJOURNAZNT The meeting adjourned at 7:27 p.m. • • MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, July 16, 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 Coody, Ann Henry, Julie Nash, Bob Blackston, Shell Spivey, City Manager Scott Linebaugh, City Clerk Sherry Thomas, City Attorney Jerry Rose, Director of Planning John Merrell, Director of Public Works Don Munsell, Director of Administrative Services Kevin Crosson, Director of Economic Development Richard Shewmaker; members of the staff, press and audience. ABSENT: Director Michael Green CALL TO ORDER The meeting was called to order by the Mayor, with six 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 June includes water conservation measures, presentation of award, and report by Police Chief on Drug Task Force. WATER CONSERVATION Linebaugh reported that due to hot/dry weather, conservation measures have been announced by Beaver Water District* to reduce • peak demands. Beaver Water District is operating at its maximum capacity and. the City of Fayetteville does not have storage to make up the difference. Linebaugh reported that this could become a dangerous- situation, and requested that the public work with .the City on voluntary measures, as follows: 1) Restrict outside watering to before 9:00 a.m. and after 7:00 p.m. on odd or even days according to house, numbers; 2) Shift watering to weekend days to reduce weekday peak demand; Car washing done before 9:00 a.m. and after 7:00 p.m.; July 16,'1991 4) Eliminate non-essential water usage and avoid over watering and leaks. Linebaugh stated that if voluntary measures fail, a program of mandatory water rationing would be enforced. AWARD PRESENTATION City Manager Scott Linebaugh, along with Ernie Lancaster and Mayor Vorsanger presented an award to Assistant Airport Manager Kelly Johnson. Linebaugh reported that Ms. Johnson has worked with the City for 14 years and served the last 4 1/2 years in her current position and has successfully completed the accreditation program with the American Association of Airport Executives. Mayor Vorsanger reported on Ms. Johnson's efforts as Arkansas representative to the Arkansas Airport Association. In addition, Vorsanger reported that completed pilot training and obtained a private pilot's DRUG TASK FORCE the N.W. Operators she has license. Police Chief Richard Watson addressed the Board with a report on the Drug Task Force. Watson reported that the total grant is $349,000.00; the Federal Government funding $263,000.00 with Fayetteville providing 15% matching funds. Seven sworn officers have been assigned to the Task Force, including three Fayetteville police officers. Watson has been elected as Chairman of the Control Group for the 4th Judicial District and reported that Sergeant Risley was chosen as the coordinator for the Task Force. Watson reported that for the period of March through June, 72 ounces of marijuana had been seized with a street value of $8,000; 10.8 grams of cocaine with a street value of $1,300; 84 grams of methamphetamines valued at over $10,000; 415 units of LSD with a value of $3,000; 3000 marijuana plants were seized and destroyed with a street value of over $3 million. Watson reported the Task Force Unit has opened up 90 cases in the four month period with 117 suspects and 78 arrests made. Director Coody asked whether Fayetteville had experienced an upswing in gang problems and Watson responded that there was some in the area. Watson reported that "crack" was not currently a problem, but there were some methamphetamine labs that moved around. Watson reported that the DEA Task Force works on laboratory and indoor growing operations more than the City Police who work with the drug dealer on the street. Mayor Vorsanger announced that the City Manager's Report was available to the public. July 16, 1991 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 July 2, 1991 regular Board meeting. A resolution approving two budget adjustments in the Street Department for right-of-way maintenance for equipment and labor charges in the amount of $48,592.00. Staff recommends approval of the budget adjustment which is required because funding was not adequate for this function after the use of herbicides was not allowed by this department. RESOLUTION 129-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK • C. A resolution approving the overglazing of a waterline located on Hwy. 265 North of Joyce Street from 6 inches to 12 inches at an estimated cost of $13,385.0.0, plus a contingency of $2,615.00, and approval of a budget adjustment. Staff recommends approval of the project which will be funded from the underrun in the water relocation project on Poplar Street. RESOLUTION 130-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D. A.resolution approving a budget adjustment in the amount Of $21,778.00 to cover an increase in the Workers' Compensation premium for the policy year for the City, 7- 1-91 through 6-30-92, for a total premium of $242,643.00. Staff recommends the budget adjustment which is necessary because the budget was underestimated by approximately 10% because (1) the city's losses resulted in a reduction of credits and (2) a manual rate increase in worker's compensation premiums. RESOLUTION 131-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK ZJZS July 16, 1991 E. A resolution amending the vegetation management policies and procedures by: 1) providing for the term of office for the Advisory Board members; 2) limiting terms to two consecutive years and allowing officers to serve only one term. The Advisory Committee recommends the changes. Staff recommends approving the amendments to the policy. RESOLUTION 132-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution authorising payment of $1,708.75 to the Nibiock Law Firm for April and May and of $6,079.80 to the McDermott, Will and Emery Lav Firm for May for services rendered on the Incinerator Disengagement, FOIA and Barnhart lawsuits. Staff recommends approving the payment. Director Coody requested removal of item (F) from the Consent Agenda. Blackston, seconded by Henry, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 6 to 0. ATTORNEY FEES Director Coody addressed item (F) from the Consent Agenda and made a motion to subtract the travel expense bill for $2,880.00 for travel expenses charged to the City nine months ago, and pay the remainder of the attorneys fees. Director Nash suggested they table the motion until a letter of explanation was received from the McDermott, Will & Emery Law Firm explaining their bill. Director Coody withdrew his motion. Mayor Vorsanger, seconded by Blackston, made a motion to pay the legal fees involved in the bills, minus the expenses. Upon roll call, the motion was passed by a vote of 6 to 0. RESOLUTION 133-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK SUNRAY SERVICES CONTRACT Mayor Vorsanger introduced a resolution approving the service agreement with Sunray Services, Inc., which increases charges for disposal of Fayetteville's solid waste. July 16, 1991 City Manager Scott Linebaugh reported to the Board that Sunray increased their bill effective July 15th, to 18.4% of disposal costs, totalling approximately $46,000. Linebaugh reported that 11.8% is for State mandated fees and 6.6% is to cover operating costs. The City had anticipated this increase, budgeted for the: same, and Linebaugh reported that the Staff recommends the increase in the contract. Blackston, resolution. to 0. seconded by Coody, made a motion to approve the Upon roll call, the resolution passed by a vote of 6 RESOLUTION 134-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR ARTS CENTER PARKING Mayor Vorsanger introduced a resolution approving the parking design plans for the Arts Center Parking Project. City Manager Scott Linebaugh addressed the Board with a.report from the RM Plan Group. He reported that the cost for the Arts Center parking was now estimated to cost $1.9 million, $200,000.00 more than is budgeted. David Cox of the City Administrative Staff addressed the Board on the issues involved in the Arts Center parking project and requested the Board's direction. Cox stated they are trying to bring the Arts Center parking project back within the City's budget of $1.75 million. The main issue in the parking controversy is whether the City, which is responsible for providing 500 parking spaces, should include a park in the plans. Cox presented two conceptual parking plans - one that would pave over the land that would otherwise be used for a park and one that would save the land and a natural spring on it. Cox asked the Board to firmly establish the scope of this project, whether it be parking; development of parking and a park on corner of Dickson Street and. -West Avenue; or development of parking, a .park and preservation` of the spring. Addition of a park would add an estimated`$100,000.00 to the project, or an estimated $200,000.00 for preservation of the spring as well as development of a park. Sonja Decker, President of the Walton Arts Center Council, addressed the Board stating that $10 million is being put into the Walton Arts Center and the Arts Council feels that it is vital to have all 500 parking spaces before the Arts Center opens. Decker reported that the Arts Center Council was requesting at least 500 good, new parking spaces by April 1, 1992, and that if the City wanted to build a park into the parking plans, then the City should maintain the same. Decker stated that Plan B addressed their needs the best, but they would be satisfied with the alternate. plan. 4%U July 16, 1991 Carl Collier, Chairman of the Improvement District, addressed the Board and stated that the Improvement District is committed to the City to provide up to $10,000 in improvements. Collier reported they have between 40 - 80 volunteers to provide maintenance and pledges. Andre' Miller, representing the Downtown Fayetteville Historical Society, addressed the Board reporting that many more than 500 spaces are available without paving any of the Town Creek Historic site and requested that the Board vote to preserve the area. Joe Alexander, a local artist, addressed the Board in support of the green space and nature park, including the spring, as it would be more consistent with the goal of promoting the arts. Dr. Richard Adkinson Board with respect improvements stating volunteer efforts. of the U. of A Law School, addressed the to maintenance of the Dickson Street there is a real potential in utilizing Frank Sharp, owner of the Smoke House, addressed the Board and commended Ernie Lancaster for his work on this project. Jacob Adler, Professor at the U of A, addressed the Board in favor of a plan which keeps the park on the corner and the spring. Adler suggested that the University Baptist Church parking lot and space on the East side of the Railroad Station are possibilities that should be investigated. John Crum, Director of Landscape Architect Program at the School of Architecture of the U of A, addressed the Board stating that costs could be defrayed by keeping the parking on a lower level. He also stated that national standards indicate that separate parking lots within 600 feet of the entrance of a structure are being tried successfully. Billie Starr, member of the Arts Center Council, addressed the Board stating that all the effort and money put into the Arts Center would go down the drain if there isn't adequate parking. She felt the point has been forgotten regarding why the Arts Center is being built at all --and that is for the betterment of life for everyone in this and surrounding communities. She felt the City would be selling out the citizens if adequate parking is not provided. She stated practicality and economics have to be used in dealing with this issue. Nancy Meyer, resident in the Dickson Street Improvement District, addressed the Board and requested that the Arts Center Council set aside time to hear the residents comments. Meyer stated her opposition to the costly 30 elevated parking spaces and in favor of the original Frank Sharp Plan with the green space extending up to the ruins, which in her estimation would allow for a total of 700 parking spaces. July 16,•1991 Dr. Bob McQuisten, Administrator of Central United Methodist Church, addressed the Board stating that the Walton Arts Center can not succeed without adequate, adjacent parking. McQuisten spoke in support of the proposed park provided that it would not interfere with adjacent parking; that they be funded by agencies other than Dickson Street Improvement District; and adequate funding for security and custodial expenses be calculated and projected so as not to be a duty of the Dickson Street Improvement District. Barry Featherston, member of the Ozark Headwaters Group of the Sierra Club, addressed the Board in support of the establishment of the Town Creek Park, preserving the creek, spring and green space. Bill Walker, President_of Pride in Dickson Street, addressed the Board stating that it was the responsibility of the City Board of Directors with the leadership of the Arts Council and. Dickson Street Improvement District to come up with a solution soon to expedite parking for the Arts Center. Walker stated that Pride in Dickson Street would support any plan that the City decides on as long as it takes aesthetics into consideration. Jim Nelson, resident of Eureka Springs, addressed the Board stating that parking problems have kept people away from the Downtown Historic area in Eureka Springs, and people are less likely to support a center with their attendance if there is not adequate and convenient parking. Thomas Farrar addressed the Board encouraging them to preserve the spring and green space next to the Arts Center, and a park would be an asset. Farrar added that the added expense of an elevated parking lot might be worth it in the long run. Director Coody stated that he has been assured by the Staff that the planned parking lot would be built with standards so.that an elevated parking lot could be added in the future. Robert Reus, former business owner on Dickson Street, addressed the Board stating that a park with spring would promote "a healthy economic climate to bring people back to Dickson Street. Shannon Arcannon, resident of Fayetteville, addressed the Board opposed to parking for the Arts Center located a distance away. John King, resident of Fayetteville, addressed the Board in support of preserving the creek and spring. He stated the same type of issue occurred in 1972 over the old post office building. Since that time and the renovation of the old post office has been so successful, the square has been an integral part of Fayetteville. Luther Hunter, architecture student at the Board suggesting that there are other modes could be taken to the Arts Center. disbursing parking on Dickson Street would U of A, addressed the. of transportation that Hunter believes that promote business. Fs July 16, 1991 Bill Harrison, resident of Fayetteville, addressed the Board in support of saving the green space and still provide adequate parking. Al Vick addressed the Board in support of preserving green space. Steve Adams addressed the Board questioning whether bond money acquired to provide parking for the Arts Center can be used to acquire and improve park lands. Adams stated that the delay is dangerous and if the City is going to proceed with the park, to make sure they have the money and are willing to commit it immediately. John Lewis addressed the Board in favor of moving quickly to get this problem solved, and he would support whatever decision they made. Vorsanger, seconded by Henry, made a motion to implement Plan B dated April 2, 1991, that saves the spring and creates a small park. Director Spivey stated his concern that there is no agreement with the school that the parking will always be available. Linebaugh responded that the school had agreed to give the City the right of first refusal. Director Spivey questioned whether the $1.9 million could be reduced if the spring and park are preserved. David Cox responded that the fill and retaining walls make up the $200,000.00, but he could make no guarantee that the $1.9 million could be reduced. By going down to the existing grades, a savings of $50,000.00 required for retaining walls around the spring could be saved. Director Spivey asked David Cox where the $160,000.00 would come from to buy the property in question to avoid legal problems. Cox responded that the land costs are not tremendously significant; with an estimated $45,000.00 value on the park and spring property, assuming that the condemnation procedures on Pearson/Kearney property do not escalate beyond the $60,000.00 in escrow. He stated they had been able to reduce the scope of a CIP computer project, with $59,000.00 excess that could be used to defray costs of the land. In addition, the Improvement District has agreed to contribute $10,000.00 and the Pride in Dickson Street Group will contribute between $5,000.00 and $10,000.00. Scaling back projects and projects coming in under budget could also be a source to help fund the park. Spivey expressed his concern that through legal entanglement, the property proposed for the park would sit as it does now, the day the Arts Center opens. City Attorney Rose stated that they may fASZ43 July 16, 1991, need to amend their complaint to allow for the condemnation of the park. Cox stated that there was $128,000.00 remaining in the Industrial Park fund after purchase of that 20 acres. With the $160,000.00: that could be saved by having the parking lot at grade level, he believes there are ways to solve the problem. He further stated that Fayetteville can do anything they set their minds to, and he stated he was opposed to Scheme "B" and in favor of the July llth Plan. Director Henry expressed her concern that the City needs to commit to enough money for maintenance and security in the proposed park,. and therefore supports Scheme "B". She expressed concerns and fears that all women have regarding safe lighting, parking, and. access which allows them to utilize public places without being afraid for themselves and their families. • Director Blackston stated that if the City could afford it, he would support having the park preserved and developed. Blackston believes Scheme "B" is an acceptable compromise, and stated his support of the same. Director Nash stated her support of the Plan that all entities involved can live with. Nash stated that the City., has money in their budget for a park, but there are priorities that keep them from buying parks. Upon roll call, the resolution passed by a vote of 4 to 2, with Directors Nash and Coody voting in the minority. • RESOLUTION:135-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR VEGETATION MANAGEMENT Mayor Vorsanger introduced a resolution removing the moratorium on the use of herbicides or pesticides as provided by Resolution 90- 90, Section 2 of the Vegetation Management Policies and Procedures City Manager Linebaugh stated that the Vegetation Management Advisory Committee met and approved the lifting of the moratorium by a vote of 4 to 3. Staff recommends lifting the moratorium as well so that Dr. Ronald Talbert, University Professor of Agronomy, can conduct demonstration projects this summer using some herbicides to assist in vegetation management of street right-of- way, sidewalk, signposts, drainage inlets, park fence rows, trash barrels, etc. Blackston, seconded by Coody made a motion to move the resolution to the floor for discussion. July 16, 1991 Linda Telthorst, member of the Vegetation Management Advisory Committee, addressed the Board regarding vegetation management and usage of herbicides. She stated the recommended herbicides go against the work of the Herbicide Task Force, and she suggested this matter be tabled until the Advisory Committee has time to review the report from the Turf Management Program that they have not yet received. Professor Ron Talbert, member of the Advisory Committee, addressed the Board in response to Ms. Telthorst's statements regarding vegetation management. Talbert stated that there would be a report published in August of herbicide studies conducted at the University farm. Talbert explained that they are not wanting to apply herbicides in the City on a broad scale basis, but rather are trying to obtain permission to put out demonstrations and do research on various treatments. In addition, Talbert stated that the alternative methods of vegetation management are being addressed in the Plans. City Manager Scott Linebaugh reported that he had received numerous calls from the public complaining about the rights-of-way, athletic fields and parks. Linebaugh explained that without herbicide use, manual labor has not been able to keep up with the weeds. He further explained that the demonstration project came up two years ago when the City looked to experts to learn how to handle the use of herbicides as well as the best methods for weed control. Dr. King, specialist in integrated vegetation management, addressed the Board stating that Ms. Telthorst's group had done a good job of stopping the usage of Bromacil in June of 1988, but all of their other efforts have been delay tactics. Dr. King stated that the recommended chemicals fell into the mildly toxic range. King stated that there are three soccer fields that can be improved by their program this year. Al Vick, addressed the Board, reporting on his research into certain herbicides that were being recommended. He requested this issue be tabled and further discussed by the Vegetation Management Committee. Dr. Talbert addressed the Board stating that these herbicides needed to be tested under Fayetteville situations on athletic turf fields that are not currently being used. He explained the plan was to use the information to develop a vegetation management plan. Director Coody stated that he would be supporting the Integrated Vegetation Management document approved by the City and requested that any inconsistencies be worked out in the Committee. Barbara Mormon read a statement prepared by Marsha Donley, member of the Vegetation Management Committee which encouraged the Board to stipulate that the experiments regarding vegetation management • July 16, 1991 specificailyninvestigate alternative methods of weed control. In addition, Donley -requested that in these experiments that the least toxic herbicides be employed, giving the Advisory Committee members time to research and vote on these chemicals. Linda Telthorst addressed Dr. Talbert stating that the Advisory Committee was not using delay tactics, but rather are concerned about the health and welfare of children who play in the parks. Robert Reus addressed the Board stating his opinion that the City was encouraging the use of toxic poisons. Reus stated that weeds around the City are dying on their own due to dry weather.and that it was not a good time to be running weed control demonstration projects. Reus explained that the proposed resolution is lifting the moratorium on using herbicides and this would probably mean that herbicides can and will probably be sprayed on sidewalks, streets, park fences, trash barrels, etc. John King addressed the Board stating that Mr. Reus' opinions that, soil on the athletic fields is "dead" and that the soil becomes "addicted" to herbicides are totally false. Frank Finger, owner of Nitron Industries, an organic fertilizer company, addressed the Board and offered his professional opinion that herbicides only needed to be used on noxious weeds. Composting should be implemented. He stated in his projects, they. cut the herbicides in half with soap. Coody, seconded by Nash, moved to table the resolution. Upon roll call, the motion to table passed by a vote of 4 to, 2, with Directors Spivey and Henry voting in the minority. SEWER REHAB Mayor Vorsanger introduced a resolution approving an engineering contract with McGoodwin, Williams & Yates for $124,000.00 for services in connection with the preparation of plans and specs for sewer line rehabilitation in the White River Watershed area. City Managet-Scott Linebaugh explained that McGoodwin, Williams & Yates-eoffipleted a sewer system evaluation study, including recommend&trans on rehab work. The proposed contract includes preparationof: detailed plans, specs, bidding services, and construction management. The estimated construction cost of the project is $446,000.00 - 25% for engineering and contingencies for a total estimated cost for engineering services at $124,000.00. Linebaugh stated that.Staff recommended approving the engineering contract with McGoodwin, Williams & Yates for $130,000.00. Blackston, seconded by Vorsanger, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to 0. 245 July 16,•1991 RESOLUTION 136-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ANIMAL CONTROL ORDINANCE Mayor Vorsanger introduced an ordinance amending the City Animal Control Ordinance which would permit licensed veterinarians in nearby communities to sell Fayetteville animal licenses. 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 6 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 6 to 0. The ordinance was read for the third and final time. City Manager Scott Linebaugh explained that this would allow veterinarians outside the City limits to sell City tags to their customers and Staff is recommending same. Upon roll call, the motion passed by a vote of 6 to 0. ORDINANCE 3557 APPEARS ON PAGE 400 OF ORDINANCE AND RESOLUTION BOOK XX V NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY Mayor Vorsanger introduced an ordinance amending the Northwest Arkansas Regional Airport Authority Agreement whereby the Authority would be prohibited from exercising their power to create an improvement district. 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 6 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 6 to 0. The ordinance was read for the third and final time. Bill Martin, appointee to the Northwest Arkansas Regional Airport Authority, addressed the Board explaining that the amendment contains two changes in response to citizens' concerns. Martin stated one change was that the Authority did not intend to pursue in any manner, form or fashion an improvement district to finance an airport, but in fact, the power to create can not be removed according to the Attorney General. The second requested change deals with the lack of proportionality of membership between Benton and Washington Counties. • July 16, 1991 Director`Coody; raised the question of whether this needed to be passed_.byfo finance orhby resolution. City Attorney stated that a resolution"Lwas'sufficient,- but it could be passed by ordinance. Rose further explained that the Board has certain powers that the state gives them and the Board can not pass a resolution or an ordinance that takes away or limits those powers. The Board can pass a resolution or ordinance that says that they don't want to or choose to use those powers given to them by the state, and in addition can also come back at a later date and pass another ordinance changing their mind as a group. - Chris Kirby, spokesperson and chief legal counsel of Partners for Sustainable Growth, addressed the Board commending the City on giving the citizens an opportunity to vote on their continued inclusion in the Airport. Kirby stated that regardless of how the City of Fayetteville votes or how the other governing bodies vote,. the Authority will always have the power to create an improvement district. Kirby stated that passage of this ordinance is no more than "window dressing" as an attempt to keep the citizens of N.W. Arkansas from knowing the truth of the issue of the improvement district. Kirby announced that there would be a public -meeting on July. 29th at the Rogers Youth Center at 7:00, at which'time the economics of urban and rural planning and economics and ethics will be discussed by nationally known experts. Director Coody stated he would vote for this ordinance to show good faith. Director Spivey stated he saw no downside in voting for this ordinance. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3558 APPEARS ON PAGE / OF ORDINANCE AND RESOLUTION BOOK XX ‘/( WEST WASHINGTON WATER ASSOCIATION CONTRACT Mayor Vorsanger introduced a resolution approving a contract with the West Washington Water Association. Henry, seconded by Blackston, made resolutionpproving the contract. a motion to approve the Mayor Vorsanger commended Kevin Crosson, Administrative Services Director, for his work on this project. City Manager Scott Linebaugh explained that this resolution extends the existing contract for three years with four additional options .for ten years each. It increases the volume that it sold to the WWA from 60 million gallons to -400 million gallons. The contract also includes an agreement that the future water rate increases 1241 z 41t4ti July 16, 1991 will be same as the amount recommended by the city's rate consultants, Black and Veatch. Linebaugh stated that the WWA had agreed to pay the back bills in the approximate amount of $60,000.00, and Staff recommends passing this resolution. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 137-91 APPEARS ON PAGE 01 ORDINANCE AND RESOLUTION BOOK REGIONAL AIRPORT CITIZENS ADVISORY GROUP Mayor Vorsanger advised that Mr. Rob Lefler, who he had appointed to the Citizens Advisory Committee, would be unable to serve. Therefore, Vorsanger appointed to that Committee as one of the six to represent Fayetteville, Professor Martha Nobles, Environmentalist and Professor of Law at the U of A. NOMINATING COMMITTEE REPORT Director Spivey addressed the Board and stated that there was one position open on the Civil Service Commission and the Nominating Committee recommends that Steven N. Neuse be appointed to fill that position. Spivey, seconded appointment. Upon 6 to 0. OTHER BUSINESS by Henry, made a motion to approve the roll call, the motion passed by a vote of ASBESTOS REMOVAL City Manager Scott Linebaugh introduced a recommendation to approve a bid from Jay Graves for: 1) asbestos removal in the MedArk building and main lobby at the Library at a total cost of $9,450.00; and 2) walkway between the main Library addition at a total cost of $2,995.00. Linebaugh stated that Staff was recommending that the Board approve the $12,455.00 bid. Crosson stated that there had also been asbestos identified in the main part of the library which will be addressed to the Board in the fall. The ordinance was read for the first time. Blackston, 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 6 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 was passed by a vote of 6 to 0. The ordinance was read for the third and final time. July 16, 1991 Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3559 APPEARS ON PAGE P OF ORDINANCE AND RESOLUTION BOOK X X V I BUDGET ADJUSTMENT City Manager Linebaugh requested approval of a budget adjustment so the A&P Committee approved transfer of $15,000.00 to the City can be used for the economic development division. Henry, seconded by Spivey, made a motion to approve the budget adjustment. Upon roll call, the motion passed by a vote of 6 to O. BOARD CONGENIALITY Anthony De Palma addressed the Board with regard to previous discussion on congeniality among Board members and Staff and read the following quote which he suggested by printed at the top of each Agenda, "Teach me the gift of listening so that our ears are open not only to the words we hear, but also to the feelings and attitudes of those to whom we speak". BOARD MOTIONS Robert Reus addressed Mayor Vorsanger objecting to his making motions before other Board members had a chance to speak. ADJOURNMENT The meeting adjourned at 12:24 a.m. Prop 31,94E