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HomeMy WebLinkAbout1991-09-17 Minutes• MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS • 1. 2529 A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 17, 1991 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. k. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Ann,Henry,Dan Coody, Julie Nash, Shell Spivey, and ',Bob Blackston; City Manager Scott Linebaugh; City Attorney Jerry Rose, City Clerk Sherry Thomas; Director' of Public Works Don Munsell; Director of Administrative Services Kevin Crosson; members of Staff; press and audience. • CALL TO ORDER • The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed comments on explained that comments should be and a spokesperson be elected for REPORT TO THE PUBLIC any item on the Agenda. He limited to 15 minutes per item, comments made on the same issue. A report to the public and Board is presented by the City Manager at the second Board meeting of each month. This report, for the month of August, includes financial information, an update on staff activities, and items of general interest. FINANCIAL INFORMATION City Manager Scott Linebaugh reported that at the end of August the balance sheet revealed assets of $187 million; liabilities of $35 million with a fund balance of $152 million. For the period ending August 31st, there were revenues of $35 million and expenditures of $36 million; .these figures are less than the projection and $8 million less than this time last year. NEIGHBORHOOD WATCH Linebaugh reported that the Police Department was continuing to recruit Neighborhood Watch groups with Wren Circle being the latest group formed. He encouraged the public to contact the Police Department in order to form groups as this program works to curtail crime. q,; 1299 September 17, 1991 CONSTRUCTION PERMITS Linebaugh reported that for the month of August there were 164 permits for a total value of $4 million. He compared this to last August with 164 permits issued as well, but for a value of $2.6 million. Linebaugh reported that they are far exceeding 1990 as a record year. • RECYCLING Linebaugh stated that for the month of August they collected 37 tons of newspaper; 30 tons of glass; and 3 tons of aluminum, bringing them up to a total of 784 tons of newspaper; 273 tons of glass; and 22 tons of aluminum. CABLE ADMINISTRATION PROGRAM In response to questions at the last Board Meeting regarding the Cable Administration Program, Linebaugh stated that the purpose of this program was to coordinate and oversee the use of public, education and government access channels and to review and monitor the performance of Warner Cable to the contract passed a year ago. Since the program was implemented in July 1991, the FOC Board Administrator Kay Frank has .been working with the City Manager in developing a work plan for the operations of the three access channels which is planned to be presented to the Board next month. Linebaugh reported that the Cable Board is up and operating, working with Warner Cable to work out equipment issues as well as viewing rules for compliance on regulating basic cable rates, which will be included in the next City Manager's Report. SALES TAX SIGNS Linebaugh advised that the sales tax signs had arrived and were being placed in public view on all projects to show citizens that the sales tax bond funds are going to good use. BUDGET PROCESS Linebaugh reported that two public hearings had been held to obtain public input on the 1992 budget and to review Staff suggestions on the budget process which commenced on May 20, 1991. The CIP Plan will be presented to the Board at the October 1, 1991 meeting. Linebaugh announced that there would be another public hearing in November to review Staff recommendations as far as operations and projects. The budget will subsequently be presented to the Board for approval in December. o°r3 r..0C September 17, 1991 COST OF SERVICES STUDY City Manager Scott Linebaugh introduced Finance Director Ben Mayes to give a report on the Cost of Service.Study that is currently underway to review the City's fees and charges. Ben Mayes addressed the Board with a presentation explaining User Fees or Cost of Services Study and what this will accomplish for the City. Mayes stated that in most cases the existing fees are outdated and ,have no relationship to the cost of providing the services, resulting in taxpayer subsidization of the services' beneficiaries. While some services should be charged at the full cost of providing the services, others should recover only a portion of the cost due to the social need. IL Mayes explained that the City's primary sources of revenues include: sales, use and property taxes; inter -governmental revenues; fines and forfeitur2s; investment income; charge for services; miscellaneous; and inner fund transfer, with user fees as the primary component of the charge for services. User fees are charges for cost of goods or services made directly to the user rather than to the general taxpayer. The City has hundreds of user fees ranging from swimming pool charges to building permits to false alarm charges. Mayes further explained that user fees 'are charged on services which do not benefit citizens as a whole; services not within the main purpose of the department providing the service; services requiring a disproportionate cost compared to the level of importance; services causing departmental resources to be unavailable for more important functions; and services better provided for by the private sector or with matching funds. Politically sensitive fees, enforcement problems, and counter - productivity to the service area are exceptions to the rule when user fees may not be charged. The structure of the user fee has three components according to Mayes: direct cost within the department; departmental overhead; and City wide overhead. Mayes stated that the result of this Study will produce a program and a plan from this point forward which will allow the City to periodically update the costs of services fees. The Cost of Allocation Plan will be utilized each year in the budget process as a primary component for the General Fund to recoup costs from other departments. Mayes responded to Mayer Vorsanger's question as to how long the City had been considering the possibility of raising fees, stating that it varies from department to department with some doing their own studies, but that the bulk of the fees have not been adjusted for a minimum of ten years. y v a September 17, 1991 Director Coody requested that the presented at the first meeting in he would make every effort to do negotiated with the Fayetteville CONSENT AGENDA work plan for cable operations be October and Linebaugh stated that so assuming that the same can be Open Channel. 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 September 3, 1991 regular Board meeting. B. Removed from the Consent Agenda at the Board Agenda Session. C. A resolution accepting the Grant Offer for the Airport totaling $2,449,239 for laid acquisition, and a budget adjustment. Staff recommends accepting the Grant. The grant application had to be submitted by August 21st and was hand delivered to an FAA representative. The Board is required to accept the grant by September 30, 1991. The budget adjustment is required because funds from several existing grants will be surrendered and reallocated to this project. RESOLUTION 168-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR D. A resolution awarding Bid 91-44 for the Gulley Park asphalt trail to Tomlinson Asphalt for $37,820 and for the sand volleyball court and bridge railings to McClinton Anchor for $20,945. Staff recommends awarding the bid to the two companies at a total cost of $58,765 which is budgeted and will be funded from the green space account and the sales tax bond money. RESOLUTION 169-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E. A resolution awarding a construction contract to C.W. Combs Construction Company for the 1991 Water Line Replacements "as needed" in the Watson Addition area at the low bid price of $93,212 plus a 10% contingency of $12,848 making a total contract price of $106,060, and a budget adjustment in the amount of $15,000. Staff recommends awarding the contract for this budgeted 1991 CIP project which will be funded by the sales tax "pay-as-you- go" money. The existing lines have been documented to be 1 4 September 17, 1991 maintenance problems and have been scheduled for replacement. The additional $15,000 is available from the Pump Station Improvements project which has already been completed. r RESOLUTION 170-91 APPEARS ONfPAGE BOOK F ' SOF ORDINANCE AND RESOLUTION • F. A resolution awarding.a construction contract with C.W. Combs Construction Company for the Sunrise. Mountain Water System Improvements at a cost'of $123,140 plus an additional $4,150 for contingencies. • Staff recommends approving the contract. The residents of Sunrise Mountain have agreed to reimburse the City $20,000 after completion of the project. RESOLUTION .171-91 APPEARS ON PAGE OF ORDINANCE.AND RESOLUTION BOOR Henry, seconded by Coody, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. WALTON ARTS CENTER Mayor Vorsanger introduced a .resolution awarding a demolition contract for the Walton Arts Center Parking project. City Manger Linebaugh reported that bids on this project were opened September 16th. In order to keep within the time schedule on the project, Staff is asking the Board to act on this at this time. Bid tabulations and staff recommendations will be available at the Board meeting. Public Works Director Don Munsell distributed a memo from McGoodwin, Williams & Yates, consulting engineers on this project, setting out the results of the bid opening, in which McClinton Anchor had the low bid at $258,650.00 and Sweetser Construction at $267,000.00. Although the engineers estimate was $111,000.00, several factors including problems with the project itself regarding fill material and safety concerns with respect to equipment used on the project relate to the difference in cost. Munsell explained that the Board could reject these bids and rebid which will delay the project for at least a month, or they could go ahead and award the contract to the low bidder, McClinton Anchor. In this event, Munsell suggested that the Board consider a change order to delete the work on the 400 block of Dickson Street and the School Avenue sites and proceed with the major demolition areas at West and Dickson Streets which would make the contract $177,000. The other two lots which are smaller projects could be rebid to other contractors immediately. September 17, 1991 Director Coody asked Munsell where the money was going to come from to fund this shortfall. Munsell stated the next two phases would be closely evaluated to find cost saving measures. In addition, Munsell requested that the Board consider further negotiations and a possible bid waiver in order to take advantage of back haul possibilities with the trucks at the project and get a low rate to haul in final fill while demolition is taking place. Charles Nickel from McGoodwin, Williams & Yates responded to Director Henry's question that a reduction in the "not -to -exceed" contract could not be realized in the event of savings by McClinton Anchor on this project. Director Green asked Munsell whether the proposed reduction by change order of $81,000.00 would cause any problems in State Public Works bidding procedures and he responded that it was his understanding that it would not. City Attorney Rose stated that he would have to look at that issue specifically, but believes the problem can be avoided by awarding the overall contract based on the low bid and then the proposed reduction of $81,650.00 is accomplished by change order. Director Green stated that he would prefer to face the problem at this time than have a contested grievance on bidding procedures at a later date. City Attorney Rose suggested that the Board pass the resolution contingent on his review of its compliance with State purchasing laws. Director Blackston stated that any time you place limited time restrictions on a contractor to do this type of work, it will moat likely increase the costs of the project, and in this case, to delay or shorten the time, will not alleviate the problem of the bid situation. Director Coody asked Munsell whether rebids on the smaller lots would come in well over the $81,000 reduction. Munsell responded that he believes they can come in well under the figure or they wouldn't be recommending this approach. Mayor Vorsanger entertained a motion to pass the resolution to award the contract to McClinton Anchor, authorizing change orders to delete the work on 400 block of Dickson Street site and School Avenue site, reducing the price by $81,460.00 for a total new contract price of $177,000.00, with a provision that the City Attorney determine that all state purchasing procedures are being followed in regard to a negotiated bid. Henry, seconded by Blackston, made a motion to approve the resolution. 1 September 17, 1991' Fran Alexander, Foxhunter Road, addressed. the Board once again stating her opposition to sacrificing,150.trees and the proposed park for 30 parking places. Alexander believes that the public cannot visualize what this "pit" could become, and she gave a slide presentation of developments of •this type before and after to support her position. Lamar. Pettus addressed Mayor. Vorsanger requesting that this topic be discussed under "Informational Items" on the Agenda as it isn't relevant to the issue at hand. Alexander requested that the bids on demolition be delayed until she can be finally heard. Director Coody addressed Ms. Alexander's concerns stating that it is unfortunate that the City won't take the advice of the consultants that were paid $163,000.00 for studies on Dickson Street parking with studies pointing to the advantages of having the park area. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 172-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 1991 CHIP SEAL PROGRAM Mayor Vorsanger introduced a resolution awarding a construction contract to McClinton Anchor in the amount of $295,000, which includes $20,000 for a future change order to Coach Drive and an $11,904.60 contingency, and approval of a budget adjustment. Staff recommends awarding the contract for the budgeted project and approving the budget adjustment for funds to be used from the Street Seal Coat project that is no longer scheduled for 1991. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 173-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK STREET CLOSING Mayor Vorsanger introduced an ordinance vacating an unopened right of way on Westwood Drive as requested by Sam and Joanne Ognibene through their agent, Lindsey and Associates. Staff does not have any objections to the closing, but it must be conditioned on the dissolvingof all interior property lines and • September 17, 1991 making the property one single tract. None of the utilities had any objections. City Attorney Jerry Rose read the ordinance for the first time. Green, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. City Manager Linebaugh responded to Director Henry's inquiry stating that all adjoining property owners have consented to the closing of this street and that it is conditioned on making the property one single tract. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3366 APPEARS ON PAGE 22 07 ORDINANCE AND RESOLUTION BOOK XxJI ECONOMIC DEVELOPMENT Mayor Vorsanger introduced a resolution approving a contract to privatise the services of Economic Development with the Chamber of Commerce for the period October 1, 1991 through December 31, 1992. The contract allows for a council made up of three City of Fayetteville representatives and three Chamber of Commerce representatives who will set policies and procedures for the Economic Development Program. The Chamber will then operate and manage the services. The City will fund the services in the amount of $100,000 in 1991-1992. This will replace the Economic Development portion of the services being provided by the Economic Development Department of the City. Mayor Vorsanger added that the contract sets out that funding each year will be contingent upon approval of the yearly budget by the Board of Directors. Blackston, seconded by Green, made a motion to approve the resolution. Director Coody suggested that instead of having three Fayetteville representatives on the council, namely Scott Linebaugh, Fred Vorsanger and Don Munsell, that the City should be represented by three Directors or elected officials from the City on this council. Steve Ward, representing the Fayetteville Chamber of Commerce, addressed Director Coody's suggestion stating that the importance of that provision of the contract is that it is represented by an 1 September 17, 1991 equal number of members from both sides and that it is essential that Linebaugh, Vorsanger and Munsell be a1.part of this council. Goody, seconded by Nash, made a motion to amend the resolution that three City Board membersrepresent the City»on this committee. Director Green stated that it takes a majority of the Board to make policies for the City. In addition,--he'.-believes that it is important to have a balanced partnership between the Chamber and City and that the people on the committee be equal counterparts. Upon roll call, the amendment to the resolution failed by a vote of 4 to 2 to 1, with Directors Coody and Nash voting no, and Mayor Vorsanger abstaining because he is a member of the Chamber of Commerce Board of Directors. Director Coody stated that it needed to be made part of the agreement that all meetings held with the committee be open, advertised, public meetings. Steve Ward concurred with Director Coody's request, but stated that. the day-to-day activities/working sessions of Economic Development should not be interpreted as FOI meetings. Director Spivey stated that the past has proven that the press will hold the Board accountable for grievances of FOI. Director Coody stated that. the City has an employee, Alett Little, who is qualified to assist with causes such as the Main Street problem and City beautification. Director Spivey stated that it is not the function of the Board to run the day-to-day operations of the City. Director Nash addressed Steve Ward regarding the proposed $100,000.00 to be spent on economic development services. Ward stated that it isa hypothetical budget number, and these funds would pay a salary as well as marketing, and the $100,000 figure is realistic for what is needed for future economic development. Chris Kirby, resident of Fayetteville, addressed the Board regarding FOI and the City of Fayetteville vs. Admark case, stated that it was the opinion of the Arkansas Supreme Court in this case that the utilization of public funds to skirt public enterprise by use of a private enterprise, places that private enterprise in "public" status in regard to the FOI act. Consequently, working sessions of the Chamber involved with the City of Fayetteville economic development, will be subject to FOI. Kirby stated that when the responsibilities of,the City government are turned over to a private entity with the lack of accountability that takes place thereunder, it poses a danger, and to avoid a potential problem with litigation, all should be subject to FOI. JVU September 17, 1991 City Manager Linebaugh stated that John Watkins from the U of A, an expert on FOI, has verified that economic development meetings will be open to FOI. Robert Reus addressed the Board suggesting that the Chamber of Commerce should move ahead to recruit industry and not come to the City for a hand-out. In addition, Reus asked for verification from the City Manager as to where the funds were coming from. City Manager Linebaugh stated that these funds are coming from the general fund where the economic development program has been. Dan Cawdrey, resident of Fayetteville and a past member of the Chamber of Commerce, addressed the Board stating that he had opportunities to sit in on the Economic Development Committee. Cawdrey asked for verification of the total plan before money is given to the Chamber for economic development. He would like to see money put toward planning and not selling. There are other ways to promote economic development without spending $100,000 per year by utilizing existing assets for planning. Cawdrey suggested that this resolution be tabled until a plan is put together by the Chamber and the City representatives of their plan for this money. Charlie Sego, resident of Fayetteville, addressed the Board in support of adopting the resolution, stating that it is a positive direction for the City to take to enhance economic development. Director Coody addressed Steve Ward regarding a plan for architectural controls at the North Industrial Park. Ward responded that a plan for industrial development in the City is in the final phases, and will soon be presented to the Board, including a plan for industrial park standards. Director Henry stated that the City Board is well aware of what the citizens of Fayetteville want, and this joint group will not recruit industry that the citizens don't want. Ward stated in closing that the Chamber can not proceed with the sale of industrial property without the Board's approval. Upon roll call, the motion to approve the resolution passed by a vote of 6 to 0 with Vorsanger abstaining. RESOLUTION 174-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK RYAN SETTLEMENT Mayor Vorsanger introduced a resolution authorising a settlenent of the Ryan Case regarding a set -back variance on Stubblefield Road. f September 17, 1991 The Board tabled this item at the September 3 meeting in order to hear from the Board of Adjustment regarding their ruling on this issue. City Attorney Rose explained that the Ryans appealed a Board of .Adjustment decision from April 1991 which denied their request to obtain a set -back variance to construct a garage on their property located at 2062 Stubblefield Road. The Ryans have offered $750 in return for that variance being allowed, and Rose stated that it was in the best interest of the City to accept this settlement. All adjoining property owners agree to the set -back variance and unlike the Board of Adjustment, the courts have traditionally taken a liberal point of view by balancing the equities or fairness test in these type cases. Rose stated that by looking at the facts in this case, that the equities might tip in the Ryans' favor, as this concrete garage foundation existed when the Ryans purchased the property in good faith in 1990, and the same was not noticed by the City when it was inspected back in 1988 during the initial construction. The contractor building the garage did not obtain a permit to construct, and the cost of the removal of the existing structure, including foundation, would cost approximately $4,500. In addition, there is no other suitable site to construct a garage on this property. Director Nash stated that property owners should not be expected to know the City's ordinances and asked Attorney Rose whether action has been taken against the developer or contractor. Rose stated that he didn't know of a cause of action the City could take against the developer or contractor for violating a set -back variance after the property has been sold. Larry Tompkins, Chairman of the Board of Adjustment, addressed the Board explaining the four criteria that the Board looks at in a case such as this: 1) the special condition or circumstances are peculiar to the land and do not apply to other land in the district; 2) their interpretation would deprive the applicant of rights enjoyed by others in the neighborhood; 3) the special conditions do not result from the actions of the applicant; 4) the request will not confer the act of any special privileges denied others in the area by the ordinance. Tompkins stated that with those criteria in mind, the Board voted 6 toa0 to deny this request on April 1, 1991. Director Green asked Mr. Tompkins- to give a synopsis of the reasons why the variance was denied. Tompkins responded that they look at these as'minimum requirements; in this case a 25 foot setback is necessary and important in terms of light, air, fire and safety, and general welfare. These criteria are determined by the„ Planning Commission and the community as what is best in terms of living space and surrounding September 17, 1991 structures. In addition, Tompkins reported they had concerns regarding the thickness of the concrete slab, whether it was appropriate for a garage and whether it posed any danger. Tompkins explained that even though the surrounding property owners have no objection to this violation, the neighborhood may change, and others may require that lot area requirements be met so that their investments are protected. In answer to Director Green's question, Tompkins stated that if the contractor had applied for a building permit as required, that it would most likely have been turned down and the contractor would still have had to come to the Board of Adjustment, as there were several violations. - Tompkins agreed with Director. Henry's assessment that the Board of Adjustments would rather go through court to settle this matter than to accept settlement so that a precedent would not be set and make it cheaper for people not to comply with the requirements. Director Spivey stated that he feels in this case in a court of law the City would lose, as he doesn't believe the Ryans had intent to violate the set -back requirements. Dennis Becker disagreed with Director Spivey's assessment stating that if they allow this 75% violation, how can they enforce those that are a lot less. Becker stated that this garage would be four feet from the property line which presents a fire hazard. In addition, when the owner was advised that the relocation of the slab could be accommodated in the general area of where he wanted the garage and comply with all City ordinances, Mr. Ryan's response was that he was not interested in complying with City ordinances, and he did not want the garage out his front door but in the position that it was. Director Spivey responded by saying that they did not have the facts on this matter until tonight. Lamar Pettus, attorney for the Ryans, addressed the Board stating that when the Ryans bought this property the slab had been approved by the City Inspection Department. Not only did the City allow the slab within four feet of the property line, they also allowed the addition of the kitchen on the building to be built within the set- back lines. No violation was discovered nor concern by the City until the garage was being framed by a Mr. Engle, and he did violate the ordinance by not obtaining a building permit. Pettus also responded to Director Nash's earlier question that the property owners would have legal recourse against the builder, and he believes it would be a waste of legal fees as the builder is no longer in the area. In addition, Pettus stated that his clients would prefer not to pay the $750 to the City for a mistake made by 1 September 17, 1991'., the Inspection Department in the. -beginning, but that it was felt that it would cost them more to take the matter,to court. Pettus responded to Mr. Blackston's question that from a practical standpoint, title insurance states that the owner should check for compliance with zoning ordinances, etc., and had the Ryans done this, the City Clerk would have told them that there were not any problems with the property. Director Green addressed Mr. Pettus stating that when the City issues building permits, they should not be responsible for the building owner meeting each and every requirement. Pettus responded that once a building permit is issued, the City should be bound by this permission they granted, unless the City can show that fraud occurred. Pettus stated that this problem could have been avoided if the City had a planning staff and buildinginspectors had been available to inspect the property when it was called for; the City instead signed off on it. Director Green stated that there is a big difference between a structure and a slab or paving encroaching on a set -back. The slab itself would not pose a fire hazard, but a wood framed garage would. Becker responded to Pettus' assessment stating that the garage does not appear on the building permit, a permit is not required to pour a slab; therefore, the City accepted nothing as far as the garage is concerned. He further stated that if this resolution is passed and the garage is allowed to be built, should a fire occur, the City would be liable. • The Board needs to look at the•"larger picture" of what the City's responsibility is in this particular case. Larry Tompkins stated that he was led to believe that there would be a resident above the garage, to which Pettus responded that there is planned a second floor above the garage designed to be compatible with the house which is probably planned to be used for storage, but, that he was certain his clients would stipulate as part of the settlement, that no one would live in the garage as r full-time residents. Director Spivey requested that this item remain tabled to allow the Board members to inspect the property. _ ', 4 Linda Telthorst addressed the Board stating her, dismay that more time had been spent on the Ryan's garage then was on the park issue. 4 lOtt September 17, 1991 RECESS The Board took a short recess at this time. BOARD MEETING PROCEDURES Mayor Vorsanger introduced a request by Director Michael Green for the Board to discuss Board meeting procedures. Director Green addressed this issue stating that recently the Board meetings have been getting out of control, off of the business of the Board onto certain person's own agendas. Green stated that the City Board needs to be accessable to the public, but certain people have abused the privilege to allow public comment on every item on the agendas. Too much time is being spent by the Board on issues that have already been considered. Green proposed to the Board that they establish some definite procedures that the City Board as a whole can support, as it is undue stress to ask the Mayor to shoulder the entire burden and ultimate criticism to enforce a firmer set of guidelines and procedures for Board meetings. Green reported that since the Agenda Session when he raised this issue, he has received numerous positive and supportive comments from the public. Green presented a letter which contained some of the suggestions made at the Agenda Session. He read from that letter that a few vocal citizens are dominating the meetings with their own agenda and interfering with the City business the Board members were elected to handle. If this situation persists, it will not only continue to harass the Directors and Staff, but will also make it difficult to recruit qualified candidates for Board positions in the future. The presiding officer is responsible for maintaining order and harmony during Board meetings, but the Board needs to be more supportive of the Mayor to enforce order. The Board as a whole needs to share in the responsibility and ultimate criticism and regain control of the meetings to establish a dignified and businesslike atmosphere in the board room. Green reported on options to consider for dealing with this problem as follows: 1. Continue with the present format 2. Strictly enforce the 15 minute rule, or develop alternate time limits. 3. Pre -register public participants on Agenda items; time limits could also be set. 4. Limit "Other Business" to items from Staff or Board members; the public could propose issues at regular September.,.17, 1991 agenda sessions to be addressed at the next regular Board meeting. Set aside a special meeting time periodically for public hearings. t 6. Have Staff survey several local governments on their meeting procedures. 7. Appoint a Blue Ribbon Committee consisting of past Board members to make recommendations on meeting procedures. 8. Adopt variations or combinations of the above. Director Green reported that some of the additional input he had received recommended hiring a professional consultant to advise the Board; setting a definite short time limit of three minutes per person for people to speak before the Board; have a time keeper; and do away with the live t.v. coverage of the Board meetings. Green stated that by setting strict procedural guidelines that the Board is willing to enforce, the process can be streamlined and made fair for all citizens. Director Coody addressed Director Green requesting names of the "small but well -organized group of people who at times hold the City government captive" as stated in one of his letters. Director Green responded that he is trying to take personalities and individuals out of it and make it a businesslike meeting. Director Coody read a letter from Jim Wilson, Chairman of the Leadership Fayetteville Committee, which in summary stated that they should not do away with the First Amendment rights, but these disruptive few have dominated the public discourse on recent City issues. Wilson invited the Board to a meeting at the Fayetteville Hilton for past and present Leadership Fayetteville Committee members to listen to their ideas regarding the problem. In closing, Coody stated that he is totally opposed to limiting the public speaking at Board meetings and pulling the cameras out of City Hall. Director Spivey spoke in support of Director Green's proposal and further stated that he hears more complaints from people who watch the Board meetings on television stating that the meetings are out of control. He stated he hears more on this than on any other issue. A time limit would force people to organize their thoughts before speaking. Spivey further stated that he would not be in agreement with pulling the meetings from t.v., because of the positive aspect. Director Blackston stated his support of a change in Board meeting procedures. Blackston reported that the survey results from different cities have given them some good ideas on this issue, and 313 September 17, 1991 he believes that a compromise between the most liberal and the most conservative can be reached. Director Nash stated that the phrase "more businesslike" atmosphere being used by the Board members is confusing to her as the Board is not a business, but a government, and there is a big difference. Nash believes that some of the options have merit, but unless they provide another forum for the public to express their views, she would not be in agreement with limiting their participation in the meetings. Director Henry agreed with Director Nash and stated that democracy is not always pretty and First Amendment rights are real important. Henry stated that they need to look at ideas that they can collectively agree on and believes that organization is important in order for public speakers to get their point across and avoid rambling and repetition. Henry believes that Fayetteville spends a lot of money on advertising and does an excellent job in keeping its citizens informed. But, it is the responsibility of the Board to listen, evaluate and look out for the long-term interest of the public. Henry stated that she would support some changes to make citizen input more wide spread so that a few do not monopolize. She further reminded the public that there is more than one way to have public input, through phone calls and letters to Directors. Director Green, seconded by Spivey, made a motion to adopt the following procedures: 1) Initiate a pre -registration of public participants on Agenda items prior to the meetings and set a time limit of 3 minutes per speaker except for an initial presenter of an Agenda item that is approved in Agenda Session; 2) Limit "Other Business" to items from City Staff or Board members; the citizen or designated representative propose issues at the regular Agenda Session to be addressed at the regular Board meeting; or request that a City Director introduce the item at an Agenda Session; and 3) Set aside a special town meeting time, to be held each quarter at various places within the City or at City Hall for public hearing and public input. Mayor Vorsanger addressed the issue stating that one of the objectives of the Board is to give the public the input that they seem to want. He stated that when he was Assistant Mayor and in charge of a meeting, he invoked a time limit of 2 or 3 minutes per speaker, and it was effective in speeding up the meetings. Mayor Vorsanger stated that this time limit can work, but at a price; the citizens of Fayetteville want a responsive government by way of attending Board meetings to express themselves, at times ending up as a confrontation. In addition, Vorsanger suggested making himself available twice a month after each Agenda Meeting to meet with the public at City Hall. Vorsanger reported that he receives an abundance of phone calls and letters from citizens having nothing to do with the City. In closing, Vorsanger stated that he believes the Board needs to streamline the meetings, but continue Septemberr17, 19914 to provide the public the input that they want.' On the issue of removing the meetings from television, Vorsangerdoesn't believe that this could be done as the meetings are watched by a lot of people. Leland "Tiny" Hamilton addressed the Board concurring that a problem does exist, but further stated that there -is normally more rhetoric by proponents and extended comments by the Board than there is by citizens. He suggested the City Directors make themselves more informed on the agenda items, comments by Staff and proponents of projects in order to decrease their speaking time at the meetings. Lamar Pettus addressed the Board stating that tabled items on the Agenda appear as one of the last items on the preceding Agenda, when according to normal rules of order, the Board should take up these tabled items under "Old Business" at the next meeting. -In addition, Pettus suggested scheduling less controversial items at the beginningof the Agenda. Pettus stated that through his representation of the Sunrise Mountain Home Owners Association, he discovered the most crucial meeting for citizens to attend to argue their case is at the agenda meeting, and this is not a Board meeting. Pettus stated that the Board meeting is the public meeting, and this is where both sides should present the facts to argue their cases, and he questioned whether business should be discussed in such detail at the agenda meetings. Director Coody agreed with Pettus' suggestion to put "Old Business" before "New Business" on the Agenda and stated that it would be a good procedure to adopt. • City Manager Linebaugh stated that current procedure was to put items first on the Agenda that have the most speakers. Linda Telthorst addressed the Board stating that it has not worked for her to deal with Mr. Linebaugh directly with her concerns, and this is the reason she presents herself to the Board. Telthorst further addressed Director Green stating that she had voted to put him on the Board and would not vote to reelect him as he ran on an environmental ticket and has failed to support environmental interests. She stated without the citizens, Fayetteville cannot be the 7th best city in America. Telthorst stated that her views represent 2,000-3,000 people, and if she takes the time to come to the Board meetings, she should be allowed to speak. In closing, Telthorst stated that if Director Green believes the meetings last too long, then he should look for something else to do besides serve on the Board of Directors. f'.c- Al Vick addressed the Board in support of Mayor Vorsanger's proposal to set up office hours in which citizens can speak with him. Vick reported that people he has spoken with are appalled with Director Green's proposal. -Vick stated that he was involved September 17, 1991 and supported Director Green's campaign for election to the Board and believed Green was in favor of free speech and environmental issues. Vick spoke against the pre -registration proposal stating that someone with an opposing opinion who had not pre -registered would lose their chance to speak. Director Green responded to Vick stating that he does share many of his environmental concerns, but he is trying to serve a larger majority of people as there are a broad range of issues and special interest groups that come before the Board. Steve Ward addressed the Board in support of Director Green's proposal to get the meetings under control. The City Board of Directors should be respected and not expected to tolerate insults and accusations made by many. Woody Bell, citizen of Fayetteville, addressed the Board stating that the issues the City is facing at this time are emotional, and he would suggest that the emotionalism be defueled before decisions are made. Bell spoke in support of limiting speaking time for general comment and hoped this would help to defuel emotionalism and allow for more time to hear from a lot more people. Concerning the use of the term "businesslike", Bell stated that with the budget of the City, he would hope that the decisions made were businesslike from the sense that they are made from a practical and logical standpoint. Serafino Guido addressed the Board stating that he believes the meetings are running good and the public is satisfied, so why change it to make it more complicated. Guido stated that the time limit proposal would be discriminatory to the handicapped. Guido expressed his dismay about a letter from the Chief of Police regarding his disruptive manner at the Board meetings which he considered a threat. In closing, Guido stated that he would continue to bring his problems to the Board as it is his democratic right. Mark Langaro, resident of Fayetteville, addressed the Board in support of Director Green's proposal. In particular, he supported the idea of forming a committee to discuss this issue. Phillip Smith, resident of Fayetteville and member of the Fayetteville Jaycees, addressed the Board stating that the Board should represent the view of the majority of those that elected them to office, and suggested that the use of a "Suggestion Box" may be helpful. Smith stated that 5 minutes per speaker may be needed for some to adequately voice their concerns, that pre- registration would keep comments limited to the agenda, that the use of city surveys or polls be used on larger issues in lieu of town meetings, and suggested that Fayetteville Jaycees make themselves available to help conduct these. In closing, Smith 1 1 WI 6 September 17; 1991i. r recommended that the Board give this issue some more thought before making their final decision. 4 Marilyn Johnson addressed the Board in support of Director Green's proposal. The City Board is a policy making body and should not be involved with the day-to-day operations which are the City Manager's responsibility. Johnson stated that the majority vote of the Board is the rule that shouldstand as everyone's decision. Fayetteville has a representative form of government, but lately has become a participatory form of government with numerous speakers being allowed to speak, at times getting away from the subject, and a time limit would encourage speakers to address the issue at hand. Robert Reus addressed the Board stating his dismay with Director Green's proposal and comment that "the tail is wagging the dog", as an insult, and stated that remarks like this are the heart of the problem. Reus considers himself a Jeffersonian who is trying to put his talents, experiences, and education to work for the City. Reus was in agreement with a 5 minute time limit, but stated that the pre -registration would not silence the Jeffersonian community as they have a plan to "take the City back". Larry Bittle, resident of Fayetteville, addressed the Board stating that comments like those. of Mr. Reus' are a prime example of "emotionalism" at its best and playing to the audience. Bittle further stated his support of the 3 minute time limit and pre- registration proposals. Cyrus Young addressed the Board with respect to the time limit stating that important issues cannot be discussed in a few minutes as in television advertising. Young stated that the Mayor is responsible for conducting the meeting, and he should judge when the issues are not being addressed and control speaking time, but in the case of Mayor Vorsanger, he doesn't believe this system would work. With respect to the time limit,(Young stated that some speakers simply cannot present their issues in 3 minutes. Young suggested that town meetings would need to be held more often than quarterly. Young believes there are a lot of gray areas in the City's Rules of Procedure which need to be cleared up. In closing, Young stated that the appointment of a Blue Ribbon panel would not be a cross-section of the community. Director Green responded that the proposal for a Blue Ribbon panel was not included in his motion. Joe Robson, resident of Fayetteville, addressed the Board stating that it is necessary to be able to spontaneously address an issue as he sees fit. Robson stated that the "business" the City conducts is spending citizens' money. Robson expressed his belief that there is a level of rapport between the City Board and citizens of Fayetteville, whereby if emotion is controlled, they r;IE°" September 17, 1991 can achieve a level of discourse in order to discuss the issues. Robson believes that what is meant by conducting business in a "businesslike" fashion is to conduct business efficiently by being informed. Wayne Jones, resident of Fayetteville, addressed the Board stating that in following the Board meetings for the past fifteen years, he has never seen the Board object, limit, and/or refuse to permit public speaking at meetings. Jones spoke in support of developing procedural guidelines that everyone can live with and in support of Director Green's proposal. Director Coody stated that the majority of the public would be hard pressed to attend the agenda sessions during the day, and he doesn't believe that a Director could present a citizen's case as well or as knowledgeably as the citizen could. Coody stated that he agrees with public opinion that a more responsive government is needed. He reported that in the Vision project town meetings, the public stated they wanted a more responsive government. Director Spivey responded that the Board is not trying to limit the public's right to speak or be heard, but rather requesting that speakers be concise and organized and avoid repetition. He stated that the spontaneous speakers are in most cases rehashing what has already been heard. Director Nash used the example that as a representative government, the Board works for the citizens, and she can't conceive telling an "employer" on how long to talk and what to talk about; therefore, she would prefer to leave the procedure as it now exists. Director Henry stated that she didn't believe that pre -registration was necessary at this time. Henry, seconded by Coody, made a motion to amend the original motion and remove the pre -registration requirement. Upon roll call, the amendment to the motion passed by a vote of 5 to 2, with Directors Spivey and Green voting in the minority. Upon roll call, the motion to adopt the procedures as amended passed by a vote of 5 to 2, with Directors Coody and Nash voting in the minority. RESOLUTION 175-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK KROG RENOVATION RECONSIDERATION Mayor Vorsanger introduced reconsideration by the Board of Resolution 163-91 approved at the September 3, 1991 Board meeting awarding the contract to Heckathorn Construction Company which was s , a September 17, 1991"x` amended by the Board to make both•afOG and City.Hall smoke free buildings. } Vorsanger, seconded by Green, madeia motion to reconsider, this Resolution. City Attorney Rose explained the.resolution thatkwas passed at the last meeting according to the minutes of the meeting. �,..... • Upon roll call, the motion passed by a. vote of 7'to"T0. City Manager Linebaugh stated that this resolution allows for one break room instead of two, and in spite of the belief that this would be cost savings, it was discovered through discussion with the contractor that it would end up costing more to go with one. break room and the changes that had to be made. Linebaugh reported that the majority of Staff would prefer to have the two break rooms at City Hall. In the event that only one break room is to be provided, Linebaugh stated that there needs to be a designated, weatherproof smoking area outside. Linebaugh stated that Staff recommends the .Board.reconsider this resolution to provide for two break rooms. If the resolution as it stands is adopted, it should apply to all City employees. Mayor Vorsanger stated that he was surprised to learn that smoking was allowed in the library. Director Green stated that they should have .kept the issues separate with regard to this building contract and the smoking issue: He further stated that it would be discriminatory against the Airport if they don't continue to implement the policy City wide, and he requested that Staff commence working on a policy to make all City buildings smoke-free. • Mayor Vorsanger suggested that they approve the contract as it stands, and then have Staff start working on a smoking ordinance for the City.' - City Manager Linebaugh reported that Staff was working on this ordinance and is currently updating a business survey and will be presenting the same to the Board. • Director Coody stated that this issue has been.surveyed to death, and it is time for the Board to act on a smoking ordinance. Coody requested that this issue be on the next Board Agenda. Vorsanger, seconded. by Green, made a motion to approve the resolution as it stands. Upon roll call, the resolution passed by a vote of 7 to 0. .. • ¶1 t31.9 September 17, 1991 RESOLUTION 176-91 APPEARS 011 PAGE OP ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS NOMINATING COMMITTEE REPORT Director Spivey reported the Nominating Committee met and recommended nominating Harlan Tiffee, Jr. to the Airport Board and Dr. E. Stanton Maxey to the Regional Airport Citizens Advisory Council. Spivey, seconded by Blackston, made a motion to approve the nominations. Upon roll call, the motion passed by a vote of 7 to 0. NWA REGIONAL AIRPORT AUTHORITY MEETING Mayor Vorsanger reported that the regular meeting of the Northwest Arkansas Regional Airport Authority was scheduled to meet at 6:00 p.m., Thursday, September 26, 1991 at the Rogers Youth Center at 315 West Olive Street in Rogers. This meeting was rescheduled from the regular meeting date of September 19th in order to provide additional time for consultants to respond to the comments received. TEAS TATTER Joanne Teas, resident of Fayetteville, addressed the Board regarding a letter she wrote to the City Board in which she expressed that citizens who are directly affected by a City project should be notified of the project so they can provide input. In addition, Teas stated that she had requested information from City Staff regarding the cost of a sewer project and names of persons involved in this project, and the City Engineer has failed to provide the information. Mayor Vorsanger suggested that Ms. Teas work with Don Munsell or Scott Linebaugh to obtain the requested information. City Manager Scott Linebaugh stated that with respect to the herbicide spraying, in lieu of contacting every property owner individually which is virtually impossible, they put a notice in the paper. Kevin Crosson stated that they are being inundated with volumes of information on herbicides weekly and it may be necessary to hire additional staff. Director Spivey suggested posting a sign several days in advance of spraying in lieu of calling people. 1 tSeptember 17, 1991 , 4 Qp 320 Director Coody stated that the Herbicide.Management Policy calls for 24 hour notification. •p E t Teas reiterated her point that in -some cases, the City works on projects for years before the citizens of Fayetteville are advised of the same. ADJOURNMENT The meeting adjourned at 12:24 a. • 44