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HomeMy WebLinkAbout1991-08-20 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, August 20, 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, and Shell Spivey; City Manager Scott Linebaugh; City Attorney Jerry Rose, Administrative Services Director Kevin Crosson, City Clerk Sherry Thomas; members of Staff, press and audience. ABSENT: CALL TO ORDER Director Bob Blackston. 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. 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. a REPORT TO THE PUBLIC A report to the publicand Board is presented by the City Manager at the second Board meeting of each month. This report, for the month of July, includes:financial information, an update on staff activities., and items of general interest. City Manager Linebaugh reported on the voluntary water conservation efforts and commended the citizens on\their efforts. • Linebaugh reported that construction .activities were on the increase with 153 permits being issued at a value of $13.3 million. r A shelter for runaways and homeless wili'be under construction starting in September. This has been a'joint effort by both the City and Youth Bridge. f r r. Linebaugh reported that. the recycling program is progressing with 45 tons of paper, 30 tons of'glass,,and.2 tons of aluminum being collected for the month. to Linebaugh reported that,thils is the 66th, consecutive month without a fire fatality in the'City. • Director Coody commended the recycling efforts and also hoped to see the water conservation efforts continued and not practiced only when there is a water'crisis. August 20, 1991 Director Henry commended Public Works Director Don Munsell on providing the "fill a truck" program and allowing citizens to clean their yards and use city refuse trucks for removing the waste. PARES & RECREATION FACILITIES Mark Robertson, Chairman of the Parks and Recreation Advisory Board, gave a presentation to the Board going over all of the city parks, the amount of acreage in each park, and the facilities in each park. Mayor Vorsanger asked who would be developing the park master plan. Robertson stated that it could be done either in-house or through a consultant. Director Henry asked about ways to increase utilization of the parks. Robertson stated larger and more adequate signs and making sure the parks are on city maps. Director Coody asked about the possibility of hiring a full time parks planner. He suggested we figure up how much we have spent on consultants and see if a full time staff person wouldn't be cheaper. Mayor Vorsanger stated that in the past, the Parks Board and the City Board have had a yearly joint meeting for park planning. Robertson stated he would set up a meeting of this type. Director Nash asked about the need to update the greenspace ordinance. Robertson stated this probably needs to be done and could be addressed at the joint meeting. LAKE FAYETTEVILLE SOUTH Mayor Vorsanger reintroduced this item that was tabled at the last Board meeting, announcing that the Parks and Recreation Advisory Board recommends keeping Lake Fayetteville South open year-round. Fayetteville Police Chief Richard Watson addressed the Board with Staff's recommendation regarding the status of Lake Fayetteville South. Watson stated that only 11 of the 38 arrested were from Fayetteville. Watson stated that sting operations like that used recently at Lake Fayetteville South to effect the arrest of 38 men on a myriad of sex offense charges would cost the City about $95 per hour. He stated that uniformed officers and marked patrol cars are ineffective in curtailing the use of the area as a regional meeting place for male homosexual activity. Watson also stated that getting the officers to volunteer for such operations is difficult because of the nature of the assignment. Coody, seconded by Henry, made a motion to keep Lake Fayetteville South Park open. 's• August 20, 1991•,;'' Director Spivey stated that he didn't believe it would be necessary to conduct sting operations three times a week, but that three or four times a month would be sufficient. This measure along with the installation of speed limit signs as well as signs warning against indecent behavior and installation of an emergency phone would help to curtail the activity. In addition, he recommended that the local newspapers publish the names of the offenders as a deterrent. Mayor Vorsanger asked Chief Watson for his thoughts on the possibility of contracting with an outside firm to provide surveillance at the park. Watson responded Serafino Guido, resident of Fayetteville, addressed the Board once again stating his recommendation that auxiliary police be used to patrol the park. Patty Beesom, resident of Fayetteville, addressed the Board in favor of closing the park: on a temporary basis stating that this would break the pattern of offenses occurring there as those offenders would go elsewhere if the park was closed. In addition, she was opposed to publishing names of offenders. Mark Robinson, representing the Parks and Recreation Advisory Board addressed the Board with the recommendation from the PRAB that Lake Fayetteville South Park be reopened.to•the public; that the park remain open year-round;'that police surveillance be increased; post speed limit signs; `install emergency; phones; and post signs prohibiting public indecency. In addition, Robinson requested that representatives from the City and PRAB meet in the next sixty days to develop solutionsfor physical design changes to the park, as building and rest room facilities need to be expanded to attract families and groups., (Robinson stated that the Volleyball Association is currently t.he;largest user of the park and they have been helpful. in providing ideas and suggestions to the PRAB in order to come to terms -with this problem. Director Henry inquired as to the PRAB'sxplans to encourage general use activity at the park: and Robinson responded that he didn't believe general use activity had decreased` -at the park, but that they were attempting to encourage the public to "take back the park". Director Coody suggested that they look into a state grant for the needed park improvements.} E, � a Director Green requested that.the motion be amended to clarify that Police Chief Watson is authorized to use overtime as he sees fit to assure that park surveillance is adequate. Further, that Staff look into the recommendations of the PRAB for the overall plan for the park. August 20, 1991 Green, seconded by Coody, made a motion to amend the motion to reopen Lake Fayetteville South, as hereinabove stated. Upon roll call, the motion to amend the motion to reopen Lake Fayetteville South was passed by a vote of 6 to 0. Upon roll call, the motion to reopen Lake Fayetteville South was passed by a vote of 6 to 0. OLD BUSINESS ARTS CENTER PARK Mayor Vorsanger announced that the Board of Directors met in a special meeting on Friday, August 9th to discuss the reconsideration of the parking design plans for the Walton Arts Center that the Board approved with Resolution 135-91 at the July 16, 1991 Board meeting. No motion was made at the August 9th meeting to change the plans; therefore, no vote was taken. However, it has been determined that a vote is needed to amend or readopt Resolution 135-91. Director Coody made a motion to approve the July llth Plan. Mayor Vorsanger requested explanation from City Attorney Rose regarding why this issue needed to be addressed again since there were no motions made and the resolution passed at the August 9th meeting. City Attorney Rose explained that according to Robert's Rules of Order, when the motion was passed to reconsider, that brought the original question of the resolution back up in exactly the same position that it would be before the first vote was taken. Therefore, there is no need for a motion as the resolution is already on the book. Rose explained that the only decision before the Board at this time is to vote on that resolution, which can be amended at this point in time if the Board so desires. Coody, seconded by Nash, made a motion to amend the resolution to include the July llth Plan. Upon roll call, the motion to amend the resolution failed by a vote of 2 to 4, with Directors Spivey, Green, Vorsanger, and Henry voting against the amendment. Upon roll call, the resolution meeting passed by a vote of 4 to voting in the minority. CONSENT AGENDA approved at the August 9, 1991 2, with Directors Nash and Coody Mayor Vorsanger introduced consideration of items which may be approved by motion, or contracts and leases which can be approved August 20, 1991 by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda." A. Minutes of the August 6, 1991 regular Board meeting. B. A resolution ratifying Amendment #4 to the "Tolling Agreement" between the City of Fayetteville, the Northwest Arkansas Resource Recovery Authority, and Rutak, Rock & Campbell. Staff recommends ratifying Amendment #4 which extends the tolling time from July 29, 1991 to February 29, 1992. RESOLUTION 148-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR C. A resolution awarding Bid 91-33 in the amount of $22,425.00 to Sewer Equipment Company of America for a trailer mounted sewer cleaning machine and $25,170.00 to Arkansas Meter & Supply Company for a portable trailer mounted manhole sealer; Staff recommends awarding the bid for the budgeted items. RESOLUTION 149-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR • D. Removed from Consent Agenda at the Board Agenda Session. E. A resolution adopting' a budgetadjustment to cover expenses and revenues of the outside agencies in the Drug Enforcement Fund. Fayetteville originally applied for the grant and is listed as the lead agency. The: budget adjustment does not change the City's financial obligation. It:just allows for all of the revenues and expenses to .be run ,through the established accounting system of the City as required of the lead agency. RESOLUTION 150-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR F. Removed from Agenda at the Board,Agenda.Session. Green, seconded by Nash, made• a motion to approve the consent agenda. Upon roll call, the motion was"passed by a vote of 6 to 0. 4;; - PARR.GRANT • Mayor Vorsanger introduced a resolution authorizing the City Manager to apply for federal funds up to $50,000 for improvements to Gulley Park. • August 20, 1991 City Manager Linebaugh explained that the matching federal funds would come from the Arkansas Department of Parks and Tourism, and that Staff recommends applying for the grant. Mark Robinson of the Parks and Recreation Advisory Board addressed the Board in answer to Director question - ? Green, seconded by Coody, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 151-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK CAPITAL IMPROVEMENTS PROGRAM CONSENT AGENDA Mayor Vorsanger introduced Resolutions approving the CIP projects which were funded in the 1991 Budget. City Manager Linebaugh stated that Staff recommends approval of each of the following: A. Awarding a construction contract to Tanda, Inc., for water line replacements related to the street overlay project in the amount of $86,360.75 plus $8,636.00 for a 10% contingency, and approval of a budget adjustment. Staff recommends approval of the contract and the budget adjustment. The funds for this project will be transferred from the unexpended funds from two completed projects - the Group B Water Line Replacements and the Highway 156 Water Line Relocation Project. RESOLUTION 152-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK B. Awarding an engineering contract to Milholland Engineering Company for the 1991 Street Overlay Project in an amount not to exceed $24,000.00. RESOLUTION 153-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. Awarding a construction contract to United Plumbing for the drainage improvements project at the intersection of Custer and Arrowhead in the amount of $14,519.00 plus $1,452.00 for a 10% contingency, and approval of a budget adjustment. The budgeted amount for the project is $10,600.00, and the $5,371.00 balance is to be funded from various p•, August 20, .1991,'? channel improvement projects contingencies and should not affect that project or the fund balance. Crosson responded to questions from Director Henry regarding the budget adjustment stating that the contract had come in about $5,000 over budget. RESOLUTION 154-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Nash, seconded by Coody, made a motion to approve the resolution. Director Coody addressed the excess asphalt left after the drainage system improvements on Spring Street and asked that this be cleaned up. Sid Norbash, Assistant City Engineer, stated this had already been checked into and the contractors are to clean this up. Upon roll call, the resolutions passed by a vote of 6 to 0. REZONING Mayor Vorsanger introduced an ordinance rezoning property as requested in Rezoning Petition No. R91-18 located at -2167 Porter Road consisting of .85 acres from R-1, Low Density Residential, to R -O, ResidentialrOffice, C-1, Neighborhood Commercial, or to C-2, Thoroughfare Commercial as submitted by Elam and Mary Denham on behalf of the property owner, Sterling Anders. City Manager Linebaugh..stated that the Planning Commission voted 8- 0-0 to grant the rezoning to R -O, Residential Office, and Staff agrees with this recommendation. City Attorney Jerry Rose read the ordinance for the first time. Green, 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 vote4of`6 to 0. The ordinance was read for the second time. Coody,- 'seconded by Nash,made a motion to further suspend the rules and.place the ordinance on its third and final reading. Upon .roll.call,sthe.motion was passed. by a vote of 6 to 0. The ordinance was,read for -the third and final time. Elam Denham on behalf -of Sterling Anders,,addressed the Board in favor of this rezoning: Denham stated that this property could best be used for a small office building, and plans are to convert the existing house on the property into a small professional office building. Petitions have beentsolicited from three adjoining property owners in favor of the`rezoning request. .e Director Coody asked Mr. Denhamifthe_R-O rezoning would suit his needs. Mr. Denham state&that it would. Upon roll call, the ordinance passed by a vote of 6 to 0. • August 20, 1991 ORDINANCE 3561 APPEARS ON PAGE // OF ORDINANCE AND RESOLUTION BOOK )(1.V1 FLOOD CONTROL PROJECT xayor vorsanger introduced a resolution authorising the xayor to execute a Latter of Intent with the Corps of Engineers which indicates the City's interest in a flood control project on Cato Springs Branch and Town Branch. City Manager Linebaugh stated that at this time, the Letter of Intent will enable the Corps to complete the final internal review of the Reconnaissance Phase of this study. After that, the City and Corps will be in a position to negotiate a cost sharing agreement on the more detailed Feasibility Phase of the study. Linebaugh stated that the City's involvement in this project stems from its request in 1990 to do this study and the City's share will be in the range of $175,000. Linebaugh further stated that the City does have funds to cover the cost of the project through the CIP program and Staff is recommending that they be allowed to sign the Letter of Intent. Director Nash, seconded by Coody, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 155-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ARTS CENTER PARKING I Mayor Vorsanger introduced approval of an ordinance authorising condemnation proceedings on the Witt/Hargis property which is to be used for parking at the Arts Center. City Manager Linebaugh stated that Staff recommends approving the condemnation proceedings. The City and the property owners have been unable to reach a settlement. The appraised value of the property is $86,725.00, and the property owners counteroffer is for $195,000.00. The condemnation proceedings are necessary so that delays will not occur in the project due to property negotiations. City Attorney Jerry Rose read the ordinance for the first time. Coody, seconded by Henry, 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. Henry, seconded by Green, 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. August 20, 1991 x1 Director Spivey stated he had talked with the property owners,.and they are trying to be;reasonable and"are only waiting on their own appraisal before settling with the City:. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3562 APPEARS ON PAGE /3 OF ORDINANCE AND RESOLUTION BOOK X%VI ARTS CENTER PARSING II Mayor Vorsanger introduced an ordinance authorizing a credit be given to the Hayden Mcilroy Property for 50 parking spaces to meet the number requirements of the -Off -Street Parking Ordinance for property that was NOT purchased for the Walton Arts Center Parking Project. City Manager Linebaugh stated that Staff recommends authorizing the credit which will keep the: Mcllroy's in compliance with the Off - Street Parking Ordinance since they have sold part of their property which now cuts down on the number of their parking spaces. City Attorney Jerry Rose read the ordinance for the first time. Green, seconded by Vorsanger, 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. Green, seconded by Vorsanger, made a motion to further suspend the rules and placethe 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. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3563 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ARTS CENTER PARSING III Mayor Vorsanger introduced a resolution authorizing the Mayor and City Clerk to execute an "Offer and Acceptance Contract" for the purchase of the Coffin property on North School Avenue at the appraised price of $71,000.,00. City Manager Linebaugh explained that the Board authorized condemnation proceedings at the July 2;1991 Board of Directors meeting. However, a settlement has been negotiated with the property owners, so these proceedings can be stopped. Linebaugh stated that the property contains 23,250 square feet, the owner has agreed to sell it at the appraised value of $71,000.00 and Staff recommendsapproving this purchase. Henry, seconded by Nash,% made a,motion to approve the resolution. 4 August 20, 1991 Director Coody inquired about saving the trees, and Don Munsell responded that there is an ongoing group working on this matter. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 156-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK WASTE WATER TREATMENT PLANT Mayor Vorsanger introduced an ordinance waiving the requirements of competitive bidding and authorising the purchase of a pipeline sludge grinder in the amount of $10,480.00 from the sole source, Robbins and Myers, Inc. City Manager Linebaugh stated that Staff recommends waiving the competitive bidding and purchasing the grinder from Robbins and Myers. This grinder is the only one on the market that meets the needs of the City and is economically priced. The City currently uses one of these grinders and has been pleased with its performance. City Attorney Jerry Rose read the ordinance for the first time. Coody, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Coody, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 6 to 0. The ordinance was read for the third and final time. Stanley Williams, of Robbins & Myers, addressed Director Henry's inquiry regarding how the grinder works. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3564 APPEARS ON PAGE i9 OP ORDINANCE AND RESOLUTION BOOK xx 1 OTHER BUSINESS SOLID WASTE WORKSHOP Mayor Vorsanger announced that Staff had requested that a Solid Waste Workshop be scheduled. It was agreed by the Board members that the Workshop should be held before the regular Board meeting on September 3, 1991, starting at 6:00 p.m. BOARD MEETING TIM$ Mayor Vorsanger stated that some Board members had suggested that the time of the Board meetings be changed from 7:30 p.m. to 6:00 p.m. No input. August 20, ,1991 decision was: made as the Directors want time for public . Director Nash asked that this be put: on the next agenda as a regular item. :'•*' NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY MEETING Director Henry stated she needed to call a meeting of the NWARRA to discuss the bill from the Authority's attorney. The directors decided on 8:30 a.m. on Wednesday, August 28, before the agenda session meeting. ISRAEL SETTLEMENT Director Coody inquired as to the status of the Ben Israel case settlement. City Attorney Rose explained that it has not been settled, and the $1,000.00 was for Israel': attorney's fees incurred.. Coody, seconded by Vorsanger, made a motion to settle out of court for $1,000.00. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 157-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK - GUIDO COMPLAINT Serafino Guido addressed the Board regarding a false report filed against him several months ago and his unfair treatment by the Police Department, and he again requested that this matter be resolved and his name be taken off the computer. Mayor Vorsanger addressed Mr. Guido stating that there is nothing the City Board can do to help him and that he should meet with City Attorney Rose for guidance on this matter. CONFLICT OF INTEREST Morty Newmark addressed the Board with his concern of an apparent conflict of interest with Mayor Vorsanger and Director Henry voting on the recent purchase of more industrial park property because they serve on the Board of Mcllroy Bank & Trust. Newmark stated he feels there might be conflict because Mcllroy benefitted from the transaction as in turn did Vorsanger and Henry. Director Henry stated that her position on the bank board calls for her to set policy, not regulate operations at the bank. Henry stated that she had given the issue a lot of thought . and would A. August 20, 1991 resign her post with the bank if she thought there was either a conflict or that someone was trying to influence her vote. City Attorney Rose was asked to render an opinion at the next meeting regarding exactly what constitutes a conflict of interest. Mayor Vorsanger reiterated his belief that this is not a conflict of interest. Don House addressed Director Henry and Mayor Vorsanger stating that at the last meeting, they committed public funds to benefit their employers by voting on the purchase of industrial park property. House requested that City Attorney Rose's opinion be a matter of public review, and that he officially present his opinion at the next Board meeting. PROPOSED PARK Linda Telthorst, member of the City's Vegetation Management Advisory Board, addressed the Board stating that the Board's decision concerning the proposed park at West and Dickson was a "sad stance". She reminded the Board who the Arts Center was named after and suggested that Sam Walton be approached regarding a donation to preserve the site as a park. In addition, Telthorst stated that Walton's motto of "made in America" could also apply to trees and the spring. ADJOURNMENT The meeting adjourned at 9:52 p.m.