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HomeMy WebLinkAbout1991-08-06 Minutes..;254 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, August 6, 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 Coody, Julie Nash, Shell Spivey and Bob Blackston; Director of Administrative- Services Kevin Crosson, City Attorney Jerry Rose, Assistant City Clerk Lois Day; members of Staff, press and audience. ABSENT: City Manager Scott Linebaugh and City Clerk Sherry Thomas. '„ ;, 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 any item on the Agenda. He explained that comments should be limited to 15 minutes per item, and a spokesperson be elected for:comments..made on the same issue. CONSENT AGENDA Mayor Vorsanger 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 July 16, 1991 regular Board meeting and minutes of -a Special Joint Meeting of the Board of Directors and the Fayetteville School Board, May 14, 1991; B. A resolution awarding Bid 91-32 in the amounts of $127,984.80 to Shipley Motor Equipment Company for two dump trucks and of $310,206.20 to Bucy Equipment Company. -for the purchase of three (3) -solid waste vehicles; 01-13, 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. RESOLUTION 139-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Get, 4 August 6, 1991 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The Mayor introduced a resolution approving an agreement with the Northwest Arkansas Health Center (formerly SEFCAC) for expenditure of CDBG funds to purchase medical and dental equipment in the amount of $27,400.00, and approval of a budget adjustment. Director of Administrative Services Kevin Crosson stated that $17,500.00 was allocated from the Community Development Block Grant ("CDBG") budget in 1988, and $9,900.00 allocated from the 1991 CDBG budget for the Health Center. The budget adjustment will allow for a change in the use of the funds from when they were initially awarded, and staff is requesting approval of a budget adjustment to move the needed funds forward into 1991, and recommends approval of the agreement. Coody, seconded by Nash, made a motion to approve the resolution. Director Henry received verification from Kevin Crosson that the equipment will remain in the City's name and maintain a tracking system. In addition, Henry started that the City is fortunate to have funds for this equipment due to severe national funding cut- backs. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 140-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK AIRPORT Mayor Vorsanger introduced a resolution awarding a bid, contract approval, and approval of a supplemental agreement to the low bidder, Mobley Construction of Morrilton, Arkansas, in the amount of $199,085.02 for the installation of access road lighting, an emergency runway light generator, and clearing/fence installation in accordance with Federal Grant 13-05-0020-14. Director of Administrative Services Kevin Crosson stated that Staff is recommending approval of the contract and bid award. The supplemental agreement is needed to complete a portion of clearing project. Crosson stated that the City is responsible for 5% with 95% federally funded. Blackston, seconded by Henry, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 141-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 1;3#5 August 6, 1991 SOUTHERN INDUSTRIAL PARK Mayor Vorsanger introduced a resolution authorizing the exercise of the third option to acquire 43 acres of land at a cost of $778,300.00 as part of the Southern Industrial Park. Director of Administrative Services Kevin Crosson explained that this is the third of four options which will be for the purchase of Lots #10, #11, and #13 totalling 43 acres at a cost of $18,100.00 per acre as per the Agreement the City entered into on September 22, 1989 with the Fayetteville .Development Foundation. Crosson stated that Staff recommends exercising this third option. Green, seconded by Blackston, made a motion to approve the resolution: Director Coody inquired as to how much industrial land had been sold and who the money is being paid to. Crosson responded that the note on the land is being paid to the Fayetteville Industrial Development Foundation, but was unsure of what bank holds the note, and how much of the land had been sold. Director Coody stated his concern that3they always have the money to buy industrial parks, but no money to buy the things the community really wants. .Goody stated his support of a "balanced budget", wherein there is a balance between funds spent toward industrial, parks and projects to make Fayetteville a more livable town. Coody also stated that this was,a high price for land that is undeveloped. _- Mayor Vorsanger asked if this,.option payment, along with the fourth option payment due next, year at this time, would complete the purchase of the industrial park, and Kevin Crosson responded that it would. Kevin Crosson explained that the property in question is on Morningside Drive, adjacent to K -D Tool Property and Commerce Drive Road and they will be splitting those •two properties on this option. Director Blackston commented that the public feedback he has received with regard to purchase of this Industrial Park has been largely in support of it as a way to finance schools and increase property'tax base. Blackston stated that this particular property will be bordering on a new highway cutting through the Industrial Park, representing an $800,000.00 investment by the state, and he believes this is a good sign of leveraging City funds with other revenue sources for developing the park. In conclusion, Blackston stated that their investment is starting to pay-off and they are using their resources wisely. August 6, 1991 Director Nash spoke in agreement with Director Coody for a more "balanced" sense of priorities in the budget. Nash expressed her concern about the need for this land and whether this location is presently viable. In closing, she stated that they should be concerned about the City's budget and not that of the Fayetteville Industrial Development Foundation. Director Spivey stated that he would be abstaining from this vote as his bank is the holder of some of these bonds. Robert Reus addressed the Board in opposition to the purchase of this land and stated that it is essentially a "bail-out", as the purchase price is over the market value. In addition, Reus stated that it is borrowed money that is purchasing this land, so they can expect to end up paying $35,000.00 per acre. In the last three years of the industrial recruitment program, there has only been one industry brought to this town and they are sitting on millions of dollars of industrial park land already. Steve Ward, representing the Fayetteville Chamber of Commerce, addressed the Board stating that these are sales tax funds voted on at the time of installment of the one cent sales tax and not out of the general funds. In addition, Ward stated that economic development is a long-term venture by the entire community, and the entire community will benefit. Ward stated that there is tremendous competition between communities to recruit industry. Coody reiterated that the City would receive more support for industry if citizens believed that the business community and Chamber were more supportive in promoting their other interests. Director Henry commented that it is the business community that has taken responsibility for sponsoring support for maintenance on the City's parks, including the Fayetteville Square. Marty Newmark addressed the Board in agreement with Directors Coody and Nash and stated that the City should figure out how much this property will end up costing them and how long it would take to receive a return on this investment. Mayor Vorsanger responded by stating that this is a "commitment" and a contract of September 1989. Marty Newmark asked whether it was a conflict of interest for Mayor Vorsanger and Director Spivey, as Directors of Mcllroy Bank and First National Bank, to vote on this issue. Mayor Vorsanger stated that this vote was for a commitment of the City of Fayetteville and not of Mcllroy Bank, and he did not consider it a conflict of interest. 4454 August 6, 1991 Robert Reus addressed the Board and stated that the contract calls for an "option" not a "commitment". Tom Wray, Chairman of the Fayetteville Chamber of Commerce, addressed the. Board stating that this is part of a five year capital plan which included $2 million for development of an industrial park and industrial development of the City for the future. Wray stated that it would be devastating to stop progress now as the City and Chamber would be competing for industry, and industry will not come if'they see a divided City with the Chamber and City each owning half of the park. 'In response to Reus' comments, Wray reported that cost per acre: had only gone from $16,000 in 1989 to $18,000 for the acreage currently in question. Wray stated that he could not conceive a rise in interest that would take this property from $18,000 to,$35,000 per acre in one year. In -conclusion, Wray stated that the misinformation being circulated is devastating to the progress made in . the last two years, and he encouraged the•Board to exercise the third option. Director Coody commented inagreement with.Wray's comment that it takes both industrial developmentand human development to make a town worthy of industry locating here.' 4 Green, seconded by Blackston, made a motion to exercise the option to purchase the industrial parkland. • • Upon roll call, the resolution passed bya.vote of 4 to 2 to 1, with Directors Coody and Nash voting no and with Director Spivey abstaining. • RESOLUTION 142-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR VEGETATION MANAGEMENT POLICY 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. The Vegetation Management Advisory Committee met and approved the lifting of the moratorium by vote of 4 to 3. Staff recommends lifting themoratorium 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. This item was tabled at the July 16, 1991 Board meeting. Coody, seconded by Nash, made a motion to take this item off the table. a esu u August 6, 1991 Upon roll call, the motion passed by a vote of 7 to 0. Edward E. Dale, Chairman of the Vegetation Management Advisory Committee, addressed the Board to discuss the majority recommendation to lift the moratorium on the use of herbicides on demonstration plots set up by the U of A. Dale reported that he has appointed Marcia Donley to represent the minority opinions. He stated that the Committee needed information from the demonstration plots as a partial basis to advise the Board on vegetation management procedures. He further explained that the recommendation to lift the moratorium applies to demonstration plots only. Dale reported that the Vegetation Management Advisory Committee met and approved the lifting of the moratorium by a vote of 4 to 3. In addition, the Committee recommended that only selected herbicides with low toxicity (Class 3 and 4) be used on the plots. Dale stated that the Vegetation Management Advisory Committee includes two people with extensive professional training and experience in the usage of herbicides and two persons who are trained biological scientists who are accustomed to objectively considering issues, and the advice received from the Committee should outweigh that of persons who report unreliable, incomplete, and emotional information. Director Coody asked for verification of the maintenance plan for the plots, and Dale responded that he would have that information at a later date. Dr. Edward Dale reported that he had appointed a sub -committee composed of Al Vick, Marcia Donley, and Dr. King who will actively work to come up with other non -herbicide means to control vegetation. Director Coody suggested moving the herbicide experimentation to the U of A farm and bring their Wild Flower Establishment Project to the City. Dr. Ronald Talbert, University Professor of Agronomy, addressed Director Coody stating that the Wild Flower Project was rejected by the City of Fayetteville as studies showed wild flower establishment to be unsuccessful without the use of herbicides. Talbert reported that studies initiated last fall have results that indicate that the best way of establishing wild flowers is in conjunction with a no -till or contact type herbicide applied prior to time of planting. Talbert stated that they are considering a couple areas in the City of Fayetteville for establishment of a wild flower project. Marcia Donley, representing the minority opinion of the Vegetation Management Committee, addressed the Board explaining that she has a masters degree in horticulture for the U of A. Donley stated that there had been only two meetings with both sides of the 1 i 1 1 August 6, 1991 herbicide represented on the Committee, but time has been limited to learn about each other's positions or reach an educational compromise. Donley reported the only compromise reached was to delete 2-4D (Class 3) from the chemicals used in Fayetteville. She reported that the minority feels that this is too broad of an Interpretation of "least toxic" and that the ban should not be lifted until "least toxic"°is properly defined. In addition, the minority believes that too little time and money have been allotted toreach an adequate and effective compromise and that the Committee should be given..more time and the Department of Public Works more money if it is.... serious about .its commitment to integrated vegetation management and herbicide reduction. Donley reported that she hoped to have figures to present at the August 15th meeting on how much money:the Department of Public Works needs as well as alternatives for herbicide use." - Director Coody reported Information he had . received that this is the wrong time of the year to be" spraying herbicides, and Ms. Donley agreed that the•time is not right•;to be starting these proposed projects, and,she didn't understand'the rush. Dr. Talburt stated that if moratorium, there wouldn't demonstration projects that they waited any longer to lift the be any time at all to complete any would be applicable for fall. Mayor Vorsanger stated that this project had been going on for over two years. ; Barbara Moorman, resident of Fayetteville, addressed the Board in opposition to lifting the moratorium and requested that the recent 4 to 3 vote of the Vegetation Management Advisory Committee should be invalidated. Moorman stated that the current problems were procedural irregularity, conflict of interest, and insufficient information on hazards of the herbicides.in,question. Moorman requested that the Board re -table this moratorium until the Vegetation Management Advisory Committee re-examines the issue, that Professors Talbert and King abstain from discussion and vote, and that the full explanation of possible danger to human health and the environment be revealed. Linda Telthorst, committee member of the Vegetation Management Task Force, addressed the Board in opposition to lifting the moratorium and reported some toxicity ratings. Telthorst stated that if they were going to adhere to the language in the herbicide task force manual, they should only be working with toxicity Class 4 under EPA guidelines. Mayor Vorsanger addressed Ms. Telthorst stating that the majority of calls he receives concern weed problems on streets, corners, and playing fields. Vorsanger reminded Ms. Telthorst that on November ;1356 •( )2 57 August 6, 1991 8, 1988, this City voted 5,863 against the use of herbicides and 6,724 for the use of herbicides. Director Green stated that he had not seen the Herbicide Task Force come up with any alternatives to herbicide use and would like to see this implemented. Director Green stated his interest in receiving information on which herbicides should be used, instructions on usage, minimum dosages, etc., and that from that respect, the concerned citizens on the use of herbicides will actually benefit from this program. Green stated that the position of eliminating all use of herbicides and insecticides and become unyielding leaves no alternatives, and society can not totally do without these chemicals. Green concluded by stating that the Board needed to learn how to use the chemicals wisely and safely instead of totally eliminating all possibilities and options. Ms. Telthorst reiterated her request that the "least toxic" herbicide be used and the guidelines abided by as set forth in the vegetation management policy manual created by the Herbicide Task Force. Green, seconded by Vorsanger, made a motion to adopt the resolution. Upon roll call, the resolution passed by a vote of 6 to 1, with Director Coody voting in the minority. RESOLUTION 143-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOR INDUSTRIAL PARK GRANT Mayor Vorsanger introduced a resolution accepting Grant from the Arkansas Industrial Development improvements at the K -D Tool facility in the South in the amount of $250,000.00 and to provide 20% of road improvements to Commerce Drive in the amount and approving a Commission for Industrial Park the cost of the of $160,000.00. Director of Administrative Services Kevin Crosson stated that Staff recommends approving the grant that will assist in the construction of approximately 0.75 miles of road extending Commerce Drive westward to Highway 156 at an estimated cost of $800,000.00 and that will assist in the construction of a parking lot and two exterior docks, a concrete waste oil retention structure, and surface water redirection improvements at the K -D Tool facility at an estimated cost of $261,500.00. Crosson explained that the AIDC grant is to provide for the improvements at the K -D Tool facility in the amount of $250,000.00 and to provide 20% of the road improvements in the amount of $160,000.00. The Arkansas Highway and Transportation Department has issued an amended order authorizing the remaining 80% on the road improvements. Since the August 6, 1991 AIDC grant will be awarded to the City, the City will maintain project management control over the project. Coody, seconded by Nash,,.made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 144-91 APPEARS ON'PAGE soox //Dap 14$-9 i 6k-. Pam iirrector of Administrative Services Kevin Crosson announced that there was an ordinance approving a,bid-waiver for this project. City Attorney Jerry Rose readrthe ordinance for the first time. Green, seconded by Blackston, madekfla motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a voter -of 7 to 0. The ordinance was read for the second time. Green, seconded-by7Vorsanger, made a motion to further suspend the rules and place theordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read forthe third and final time. OF ORDINANCE AND RESOLUTION 2J13crb-4No. Director Coody inquired as to the time emergency clause, and Kevin Crosson understanding that these improvements; K -D Tool facility in order to have its • frame -that is requiring an responded that it was his needed to be made at the prompt opening. Coody made a motion to remove the emergency clause from this ordinance.- Crosson explained that unless this bid waiver was approved, the City's purchasing regulations would have to be implemented. Coody withdrew his motion.' Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3560 APPEARS ON PAGE 9 OF ORDINANCE AND RESOLUTION BOOK XXVI LAKE FAYETTEVILLE SOUTH Mayor Vorsanger introduced consideration of a recommendation from the Parks and Recreation Advisory Board and City Staff regarding the temporary closing of the park at Lake Fayetteville. South. • Mark Robertson addressed the Board with a report from the Parks and Recreation Advisory Board which recommends closing the park for the remainder of the season, except for scheduled events, and to encourage and schedule groups to use the facilities with park staff opening and closing the gate for scheduled group activity. Robertson explained that this would give the Parks and Recreation Advisory Board and City of Fayetteville time to address the problems at the park and come up,with a solution before the spring i3 August 6, 1991 season. The park is normally closed from December 15th through March 15th. Director Blackston stated that he called this problem to the attention of the Board seven and again five months ago and was assured that the problem had been taken care of long ago. Director Coody stated that the Board could have avoided this "all or nothing" situation. Director Blackston asked Robertson once the park was reopened, what provision, plans, and steps would be taken to provide an environment where this problem won't reoccur. Blackston stated that if the plan was to provide more police patrol and parks and recreation staff to maintain security, then that could be accomplished now. Robertson responded that the PRAB did not have a plan at this point, but intended to have further discussion at future meetings. He did indicate that there are some members who believe that increased surveillance is going to be necessary and that closing of the park is the final solution. Director Spivey stated that he didn't believe the situation at the park is a homosexual vs. heterosexual problem. Spivey stated that he had read a copy of the unedited sting operation at the park and the Fayetteville police department did a fantastic job to make this sting operation a success. In addition, Spivey stated his disapproval of a letter from the editor of Northwest Arkansas Times stating that public figures' misdeeds and bad judgments reflect more deeply and adversely on the entire City. In closing, Spivey stated that they shouldn't close the park and be intimidated, but instead continue the sting operations and publish names as a deterrent. Sometimes the best way to get these types of offenders help for their problem is to identify the problem. Sam Guido, resident of Fayetteville, addressed the Board stating that these are misdemeanors and should not constitute closing of the park. Guido stated that increased patrol and large fines would be an adequate deterrent. Larry Palmer of the Parks and Recreation Advisory Board addressed the Board as a citizen of Fayetteville in opposition to closing the park as it will only prolong the situation. Palmer stated that tax payers of Fayetteville have the right to access to the park. He further stated that this is a law enforcement issue, and it should be their responsibility to curtail and remove this illegal activity once and for all. Palmer stated that Fayetteville and Lake Fayetteville South are reputed for this type of activity, and it is an organized network. The sting operation was halted early due to press coverage and Chief Watson indicated that if it had continued, the arrests may have doubled. The public will not feel comfortable 1 August 6, 1991 or safe using the park until they are guaranteed that the situation has been removed. Palmer announced that citizens' watch organizations, aided by club sponsorships would be eager to assist the Parks and Recreationstaff and police to patrol the park and report any illegal activity, once the City •has implemented efforts to curtail the activity. Director Coody presented.a suggestion to have an off-duty police car parked at a strategic location .in' the,park. Palmer responded that the people committing these offenses are blatant, and a superficial placing of an,unmanned police car would only last a day or so and not be an ongoing solution. • Director Nash stated her concern that patrolling should be done by patrolling officers which would mean the City would have to commit to extra manpower to provide an ongoing patrol. Palmer stated that since this is a misdemeanor and a plea from the Board to the court systemto recognize the seriousness of this problem and act accordingly. would 'be appropriate. Another alternative discussed was to ask for volunteers from off-duty police and sheriff departments to provide patrol. Palmer stated that he believes this `situation is, serious enough to obtain emergency funding. Kevin Crosson reported on. Chief Watson's reasons for recommending closing of the park stating that since it is a regional problem and half of the people arrested in the sting were not local people, closing the park for a short time would not be effective in getting the message out on a regional basis, and secondly, the police department simply does not have the manpower to do regular sting operations. Director Blackston addressed the Board in favor of the recommendations made by Chief Watson and Dale Clark to close the park, as he believes it will take some time to resolve the stigma attached to this park and with the use of expertise, establish ideas to regain the park. Larry Palmer added that there is a health concern related to this problem, and the health department had to be brought in to clean up the area in order to make it non -contagious for public use. Dale Clark, Director of the Parks and Recreation Advisory Board, addressed the Board stating that citizens have been driven away from use of the entire park due to the illegal activity. Clark stated that although closing the park is painful, strategies need to be implemented before the park is reopened. We can't expect our citizens to monitor the behavior of other citizens, and they should look toward support of police surveillance. In addition, August 6, 1991 additional facilities such as a pavilion are needed to attract service clubs, churches and the general public's use of the park. Director Nash suggested that the PRAB provide a monthly report as to the ideas and plans being formulated and give the Board an opportunity on a monthly basis to reconsider reopening of the park. Clark responded that the PRAB should be able to report back to the Board with their recommendations in 30 to 60 days. Charlie Sego, past Chairman of the Parks and Recreation Advisory Board, addressed the Board in opposition to closing the park and stated his belief that it is a law enforcement problem. Director Green stated that a plan needed to be in place and sting operations ready to go before the park is opened, or the problem will immediately return. Green suggested closing the park until the next Board meeting to give them time to look at the budget, authorize overtime as needed for law enforcement, and work on law enforcement techniques for patrol of this park. Most importantly, Green stated that the City Board needs to show its strong commitment to keep the park open and solve the problem once and for all. Clark stated that the PRAB could have some research completed, strategies formed, and budget recommendations ready to present to the Board by the first Board meeting in September. Director Coody, seconded by Nash, made a motion to amend the resolution to keep the park closed until September 1, 1991. Michael Oglesby, citizen of Fayetteville, addressed the Board with his concern that the rights of the lesbian and gay communities are being discriminated against and requested a guarantee from the Board that the lesbian and gay communities will have access to any park in the City for legitimate purposes. Oglesby addressed Director Spivey's comments stating that most crimes on women and children are from heterosexual men. Director Spivey responded to Oglesby reiterating that this is not an attack on homosexuals, but on people who expose themselves. Mayor Vorsanger suggested to Mark Robertson that he set up some sub -committees, particularly with the people voting to keep the park open, and work with the police to come up with a plan. Vorsanger stated that he thought closing the park for 30 days is long enough. Robertson stated that the PRAB would call a special meeting to discuss this issue. Director Coody addressed Mr. Oglesby stating that the gay and lesbian communities have nothing to fear from any type of reprisals or retaliatory action from this Board. 1.?262 August 6, 1991 Ne An audience member:addressedthe Board with -a suggestion to put a gate keeper at the entrance to the park to,register all visitors to the park, which might discourage illegal activity. • Sam Guido addressed the Board in support of the use of auxiliary police. Clem Johnson, representing the Ozark Volleyball Club, addressed the Board in opposition to the park. closing, stating that their club has expended considerable funds and man hours to build the volleyball courts at Lake Fayetteville Park for the use of the public, to help deter the illegal activity. Johnson stated his concern that the park was .being.given a negative image by the closing, and that the police would be able to handle the situation with additional funding.= Mayor Vorsanger read the--PRAB recommendation and the proposed amendment closing the park until:°September 1, 1991, except for scheduled events. Director Henry stated that this will require parks and recreation staff to travel to the park for opening and closing. She stated her belief that the public• would call in and report continued illegal activity, and the park need not be closed. Coody, seconded by Vorsanger, made a motion to keep the park open. Clem Johnson addressed City Attorney Rose'and asked whether it would be legal to have a "black list" of offenders and prevent them from returning to the park with the use of a gate keeper, and he was advised that this practice would not be legal. Director Green suggested that the Staff report at the next board meeting with a strategy, opening plan, and budget adjustment recommendations. Green stated that a plan needs to be in place before the park is reopened. - Green, seconded by Blackston, made a motion to table the resolution until the next regular board meeting. Upon roll call, the motion to table passed by a vote of 7 to 0. OTHER BUSINESS HAMILTON LAWSUIT Director Nash requested copies of exhibits attached to this lawsuit. Attorney Rose responded that he had recently filed numerous motions and supporting briefs in this lawsuit and may encounter a duplicating problem, but he will supply the Board with copies of all documents if they requesthim to do so. Rose advised rf7' 263 August 6, 1991 that all exhibits requested in the motion for production have been assembled in Room 313 for opposing counsel to review and copy at his convenience and the Board was welcome to do the same. PAYETTEVILLE VISION Director Nash asked Kevin Crosson if there was an update on the "Vision" meetings, and Crosson responded that a report was being assembled and he expected completion by the end of August. Crosson stated that it had not been determined when they would go before the Planning Commission. VEGETATION MANAGEMENT/ARTS CENTER Director Nash commended Jerry Cooper for his work on the Vegetation Management plan and David Cox for his efforts on the Arts Center. ARTS CENTER PARK Judith Levine, representing the Ozark Stageworks Board member, addressed the Board reporting that there was a lot of anger voiced against the Walton Arts Center expressed at a recent "Picnic at the Park". Levine stated that Jack Springborn gave her a tour of the property and outlined the numerous plans for the park, and she has met with David Cox to receive additional background information. In summary, Levine stated that there is "burnout" with respect to this issue. Levine stated that in her conversations with Sonja Decker, Board member of the Walton Arts Center, the word "compromise" kept coming up. Levine reported that Al Vick was willing to participate in a compromise, and requested that the Board consider a compromise, conciliatory enough to repair the rift in the community. Levine proposed a "peace conference" with the City Board, Historical Society, Arts Center Board, and others present. Director Blackston stated that his vote on this issue was not against parks, but rather prompted by the estimated cost for this park. He reiterated Mayor Vorsanger's proposal made at the Agenda meeting that if the three parties involved could reach a consensus opinion, he would guarantee that the consensus would be approved. He stated his willingness to reconsider this issue if it falls within a time frame that does not delay the completion of the Arts Center including parking. Levine stated that the parking plan that was approved by the Board will cost $95,000.00 more than the green space plan. Director Coody stated that the "spring" plan was approved by all major players and he thought that a compromise had been reached. In addition, the July 11, 1991 plan agreed on by all the key players and subsequently voted down by the Board and is the least • august 6, 1991 fas264 a -_ expensive plan at $100,000.00 savings, and he believes that the additional 20-30 parking'places needed could be obtained with the money saved, and requested that the Board re-evaluate their decision. -. Sonja Decker, a board member of the Walton Arts Center, addressed the Board stating her desire for compromise, but stated that neither of the recommended plans -solve the problem of adequate, accessible green space.7r Decker stated that she is no longer involved in a compromise, but that the. City Board, Planning Commission, David Cox,and Mr. Raby needed to work on a compromise, but remember that time'is of the essence. • Vorsanger, seconded by Blackston, made a motion to reconsider the Arts Center parking. Director Spivey stated that he would not vote for a plan that would delay completion of the Walton Arts Center. Director Spivey stated his concerns with the plan which would allow the property owners of the property proposed for 70 parking spaces, to sell the property at.any time; the use of taxes to purchase a park; City liability in the case of ga lawsuit; and monetary considerations. Spivey. stated that it was crucial that they immediately proceed with a plan, but he wants answers to his concerns. Director Coody stated his belief that this issue can be resolved and in support of the plan that everybody enjoys and spending the $100,000.00 savings on obtaining 70 more parking places. He stated that the best way to expedite this .is to approve a plan that removes the most obstacles. Jim Hill, member of the Dickson Street Improvement District, addressed the Board stating that Mr. Raby's figures don't include the price of the property or cost for park development. Hill stated his support of Plan "B" and believes it to be a compromise plan. Hill addressed City Attorney Rose on the questions of: 1) the illegality of bond money voted by Fayetteville residents for parking being used for a park; 2) the possibility of a pending condemnation suit to acquire the property at West & Dickson costing more if the purpose of condemnation stated in the suit is changed from Art Center parking to City park; and 3) an estimate of the length of time the delays caused by these two legal questions. City Attorney Rose addressed Hill's questions stating that, 1) the City does not have the authority to spend bond money for a park, and money for a park will have to be raised somewhere else; 2) the land has not been condemned for a park, but for a parking lot,, and he advises amending their complaint to condemn that property for a park. Rose added that the measure of damages in a condemnation i'? 265 August 6, 1991 suit is the value of the property at the time you take it, and he would expect an argument from the property owners that the new element of damages should be the value of the land at the time it was taken for the park; and 3) the delay caused by these two legal questions could range from a week to months. Director Nash stated that RM plans for the last four years designated that corner for a park, and that the complaint for condemnation was written for parking without consideration of the existing plans. Bob Kelly responded that 2 1/2 years ago, through public concern for green space, this property was offered to Mr. Sharp to raise funds, and that it would be a park. Sharp was subsequently advised that a park could not be purchased with bonds for parking, and that other lands would be purchased. Director Coody stated that money was not the issue here, and the City could solve their public image problems by doing what everyone involved has agreed to and that which the public would enjoy. Bob Kelly addressed the issue of maintenance costs associated with a park and compared the maintenance costs for the proposed park to that of the Square gardens for a twenty year maintenance cost of $1.5 million. Director Coody responded that the type of high intensity landscaping as on the Square is not being recommended for the park, but that the City institute a volunteer maintenance program. Director Green, having missed the last vote on this issue, is unsure how the Board came to vote on this particular plan. Green reiterated Director Spivey's reasons for implementing Plan B, and suggested that the same be considered. Green stated that they needed to be more cautious in approaching and solving problems and quit taking risks. His main concern is that this issue began two years ago with dozens of plans and compromises reviewed, and there is pot going to be a compromise on this plan as there are too many inflexible people involved. Consequently, Green stated that as a Board, they needed to look back at a bigger picture and decide on their overall purpose for this plan, pick a course, and stick with it. He requested that they not get "bogged down" on a small issue of saving green space on the corner, but consider how the presence and operation of the Walton Arts Center will totally revitalize Dickson Street. Green stated his concern that the legal issues cannot be resolved in time for parking to be completed within eight months of the Arts Center opening. City Attorney Rose responded to Directors Nash and Coody that he was never instructed to condemn the land for any other purpose than parking. The question was raised, when does landscaping become a `August 6, 1991 park. Rose stated that when you don't have.a specific plan, it's hard to argue the legalities. Director Green stated thattthey may not be able to please everybody but should strive to please as many people as they can. In addition, he believes that either plan, park or pavement, could create lawsuits, so he considers.this'issue mute. Fran Alexander, resident -of •Fayetteville, addressed Director Green's statements and expressed her concern that "urgency" was taking over and "reason" was being forsaken. Alexander suggested a raffle or money raising opportunity.for'Arts Center season ticket holders to win non -allocated parking spots. Alexander gave several examples of cities where parks and the arts are integrated. Joy Miller, representative from the Downtown Fayetteville Historical Society, and representative for the some 300 citizens who rallied at the picnic, addressed the Board in favor of reconsidering the Arts Center parking issue, and the July llth Plan. Miller stated her concern that Plan B was not explored thoroughly and was voted on without a cost breakdown. Miller urged the Board to call an emergency session _to work on a compromise plan. Billie Starr, member of the Arts Council, addressed the Board in opposition to reconsidering the Arts Center parking issue. Starr stated that she represents approximately 250,000 people in Northwest Arkansas who feel that parking is paramount, and that the proposed park would be a constant source of problems for the City. Starr stated that they needed to do what was most feasible for the Arts Center. Director Coody addressed the Board stating that the RM Plan of July 11, 1991 is close to a compromise. Charles Moorman, resident of Fayetteville, addressed the Board stating that Fayetteville's parks, the Square and proposed park on Dickson Street in particular, provide a sense of "magic" to our citizens and visitors. James Chase, resident of Fayetteville, addressed the Board stating that the destruction of green space on Dickson Street would be an act of vandalism. Thomas Frost, resident of Fayetteville, encouraged the Board to adopt the Plan discussed by Director Coody, in which they would save $100,000 and lose 30 parking spaces. Frost stated that to pave over the natural beauty of this spring would be a crime. ItiS 267 August 6, 1991 Robert Reus stated that the chances of the Arts Center being a success will be diminished in the midst of a hostile community. An overwhelming number of citizens in Fayetteville support the preservation of trees and green space. Reus urged the Board to diffuse the time bomb by calling a special meeting to work out a compromise plan. Bill Walker, President of Pride of Dickson Street, addressed the Board in support of a proceeding with Plan B parking and landscape in such a way to keep the historic aspects of the spring and arches. Scott Lineman, resident of Fayetteville, addressed the Board in support of preserving green space at this location and in addition, to provide bicycle parking at the Arts Center. Judith Levine addressed the Board for verification on how much landscaping constitutes a park, and Mayor Vorsanger responded that City Attorney Rose would be looking into that matter. Mayor Vorsanger reiterated his intent that if it was voted to reconsider the Arts Center parking, that representatives from Dickson Street, Walton Arts Center, Staff and citizens in general would hold a special meeting to work on a consensus plan. Vorsanger reported that he has received more mail and phone calls on this one issue than any other, that he hadn't received any derogatory comments, and that the results from these contacts have been 2 to 1 to save the park. Upon roll call, the motion to reconsider Arts Center parking, passed by a vote of 4 to 3, with Directors Green, Henry, and Spivey voting against the motion. Director Blackston urged all interested parties to have their facts and figures available and be prepared for the special meeting. Kevin Crosson stated that the Uptown School parking allows for more of an involved plan which includes the park and spring. Crosson stated that no matter what the compromise ended up being regarding the park and spring, those funds of approximately $100,000 to $200,000 will have to come from somewhere else, and in order to expedite this, he asked for direction from the Board. Mayor Vorsanger stated that the first order of business for the Board to settle is location of the parking, as the park may not materialize for a year or two. Mayor Vorsanger announced that the special meeting compromise plan would be on Friday, August 9, 1991 at 1:00 p.m., and it was decided that the various groups have adequately voiced their decisions, and 1 1 • 4 August 6, 1991 it was now time for the City to address,the legal and financial issues. GUIDO COMPLAINT Sam Guido, resident ofFayetteville, addressed the Board with respect to his complaints against.. the police department voiced at the last Board meeting. Guido requested that the matter be reviewed by Kevin Crosson and .resolved in order to clear his record. ADJOURNMENT I The meeting adjourned at 11:58 p.m.