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HomeMy WebLinkAbout1991-10-01 Minutes4 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville, City -Board of Directors was .held on Tuesday, October 1, 1991% at 7:30,p.m.fin*the Directors' Room of the City Administration .Building at 113 West Mountain Street, Fayetteville, Arkansas. . yea 6 PRESENT: Mayor Fred Vorsanger; Assistant`Mayor Mike Green; Directors Ann Henry, Dan Coody,iJulie Nash, Shell Spivey and Bob: Blackston; City .Manager Scott Linebaugh; City Attorney Jerry, Rose, City Clerk Sherry Thomas; Planning Department Representative Freeman Wood; Public Works Representative David Cox; 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 any item on the Agenda. He further stated that in order to allow equal attention to all items, the Board requests that comments be limited to 3 minutes per person per item. He explained that the Agenda for the Board Meeting was set on the Wednesday before the meeting. Any item a citizen wishes to be presented to the Board not on this Agenda must be presented at the. next Agenda session or brought up by a Director at that session for discussion at the following meeting. ARKANSAS AGENDA Mayor Vorsanger introduced State Representative Bob Fairchild to present a video tape of the Arkansas Agenda, stating that this item would be moved up on the Agenda to accommodate Representative Fairchild. State Representative Bob Fairchild addressed the Board presenting a video tape of the Arkansas Agenda containing 2000 .bills, encapsulated into 35 separate items in six major categories. Representative Fairchild explained the use of 1 -800 -858 -INFO (4636), an automatic system which gives the public direct access to information on the 35 key items on the Arkansas Agenda. Director Coody addressed Representative Fairchild inquiring about whether Fayetteville would be the best location for the Math and Science High School. 32 :,211,134 4 October 1, 1991 Representative Fairchild responded that Fayetteville would be the best geographic location; but there are many factors involved in this issue, such as dorm and classroom space, and access to science and math instructors. Fairchild stated that this issue is still in the legislative process, and a site will be chosen in 1992. Director Coody stated that a dorm site has been located by U of A professors, and requested Representative Fairchild's assistance in locating this Math and Science School in Fayetteville. Director Nash addressed Representative Fairchild asking whether a city government could work as a liaison with the Legislature on behalf of citizens. Fairchild responded that this is a good idea; the city as an entity has access to information that citizens do not. OLD BUSINESS RYAN SETTLEMENT Mayor Vorsanger reintroduced this resolution authorising a settlement of the Ryan case regarding a set -back variance on Stubblefield Road. City Manager Linebaugh stated that the Board tabled this item at the September 3rd meeting in order to hear from the Board of Adjustment regarding their ruling on this issue. Linebaugh explained that the Board of Adjustment declined the Ryan's set -back variance request, and the matter is now in court. The Ryans have offered a $750.00 settlement as a fine in place of the variance, and City Attorney Rose has recommended the settlement. The item was left on the table at the September 17th meeting to allow time for the Board to inspect the location and for further consideration. Coody, seconded from the table. to 0. by Blackstone made a motion to remove this item Upon roll call, the motion passed by a vote of 7 Director Coody addressed Freeman Wood asking whether the requirement for fire proof walls on the structure violating set- backs would be a feasible alternative. Lamar Pettus, attorney for the Ryans, addressed Mr. Freeman requesting verification on fire wall requirements. Wood responded that a fire wall for this purpose is a 4 -hour rated fire wall constructed of either 8 inches of solid brick; 8 inches of concrete block filled with insulation; 12 inch concrete blocks; solid reinforced 8 inch concrete wall; or 4 layers of 5/8" gypsum board on either side of wall. October:l,• 1991 Pettus stated that his client would consider the firewall, but requested that the cost of a fire wall be considered in the settlement. Director Green stated that the Ryans had been victims of a series of errors, and that contractors„should be madetfamiliar with the requirement for building permits and be required to comply with the City's rules and regulations onset -backs and building codes. He stated his concern with a monetary, settlement of this case. Green stated acceptance of this settlement could create aprecedent with the Board of Adjustments and their ability to enforce the City's building code ordinances. He .also stated his concern with the public's perception of how a nominal monetary fine can settle gross set -back variance violations, in this case a 16 feet error, and withthe fire hazard that this situation can cause. Director Blackston stated that the Board on occasion needs to be flexible and make exceptions in a case where a citizen has been victimized. In reviewing the Ryan property, he stated that he would be satisfied with the fire wall if it is financially feasible to the Ryans. There is not an existing structure close to the garage site, and the Ryans have purchased the land immediately to the west. Director Henry stated that she was concerned with the precedent this case may set and would prefer the Board make the decisions about settling rather than the courts. Director Green stated that when the Board visited the site, there was a problem with the joist spacing, and he requested that the framing of the structure comply with building code regulations. Director Nash stated that a compromise was necessary in this situation, but that the Board of Adjustment acted correctly by enforcing the City's ordinances. Lamar Pettus requested that the Board make a counter offer including all conditions, in order that he can present the same to the Ryans for their approval. Pettus stated that the Ryans will be inquiring as to the cost of a fire wall, and it is their intention -to comply with all requirements in the construction of the garage. Coody, seconded by Blackston, made a motion to accept the terms of the agreement with the fire wall and $750 fine, including a stipulation that all construction meet code requirements. Freeman Wood stated that the construction of a fire wall needs to be extended 3 feet above the roof or the roof needs to be of non- combustible material such as metal roof or treated shingles. Upon roll call, the motion passed by a vote of 7 to 0. �r4 October 1, 1991 RESOLUTION 176A-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 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 September 17, 1991 regular Board meeting. B. A resolution approving an engineering contract with McClelland Engineers in the amount of $66,740.00 plus a 10% contingency of $6,674.00 making a total contract price of $73,414.00, and approval of a subsequent Preliminary Engineering Agreement with the Arkansas Highway and Transportation Department for the Highway 180 (6th Street) widening project. Staff recommends approving the contract and the engineering agreement with AHTD. No preliminary engineering work has been done, so it is not known at this time if any of the project will be AHTD reimbursable. RESOLUTION 177-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. A resolution awarding a contract to McClinton -Anchor for construction of street, sidewalk, and storm drainage improvements in the Community Development Block Grant Downtown -Dickson target area in the amount of $246,517.00, and approval of a budget adjustment. Staff is requesting approval of the contract and the budget adjustment for this project. The additional $28,889.00 will come from undesignated 1991 CDBG funds. RESOLUTION 178-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D. A resolution awarding a contract to the low bidder, Sunshine Services, Inc., for pavement crack seal, patching, emulsion sealing and remarking in the amount of $50,516.00. Staff recommends awarding the contract. A state grant has been received in the amount of $27,100.72 leaving the balance of the funding coming from the budgeted amount of $28,250.00. RESOLUTION 179-91 APPEARS ON PAGE Or ORDINANCE AND RESOLUTION BOOK October 1, 1991 • E. A resolution approving an amendment to AIP #3-05-0020-11 which will allow for grant funds to be used for easement acquisition for the Airport Obstruction Study which deals with lighting and removal. Staff recommends amending the grant which will allow the money to be used for easement acquisition. There will be no funding changes to the project. RESOLUTION 180-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution continuing a lease agreement with the Lewis heirs that Herbert A. Lewis, Sr. had with the City on 25 acres of land located between Lake Sequoyah and the eastern boundary of his 76.5 acre farm.. The Parks and Recreation Advisory Board and Staff recommend approval of the lease agreement. The lease allows both parties to cancel with a 90 day notice and also allows for trails and walking paths to be developed. Removed from Consent Agenda by motion of Director Coody at the regular Board Meeting. A resolution approving an architectural contract with Perry L. Butcher and Associates in an amount not to exceed $51,941.00 for schematic design, design development, construction documents, bidding, and the construction phase for the renovation of the Systematics Building. Staff recommends approving the contract for this budgeted renovation. RESOLUTION 182-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Blackston, seconded by Nash, made a motion to approve the Consent Agenda, with the exception of Item "G". Upon roll call, the motion was passed by a vote of 7 to 0. ITEM "Gu Mayor vorsanger reintroduced a resolution authorizing the payment of $16,500.91 to the McDermott, Will & Emery law firm for services rendered during the months of June and July on the incinerator disengagement, FOIA, and Barnhart lawsuits, and Staff recommends approving payment. Director Coody stated that McDermott, Will & Emery law firm had been asked repeatedly by the Board to keep them up-to-date on legal fees and inquired as to their billing procedure.' October 1, 1991 City Manager Scott Linebaugh responded that the June bill was received in August and the July bill in September; City Attorney Rose then reviews the bills after they are received. Director Nash inquired about the Chicago Lexus portion which represents the largest portion of the bills and whether the City receives a printout on these charges. She suggested using regular research techniques in lieu of Chicago Lexus. City Attorney Rose responded that he does not receive such a printout, but the same could be requested. He further stated that McDermott, Will & Emery are the City's attorneys and subject to the Board's instruction regarding their services and verification on billing. Rose stated he believes Chicago Lexus is a valuable research tool to have. Director Blackston requested verification regarding charges for statute of limitations asking which firm this concerned. City Attorney Rose responded that a new federal statute of limitations has been set for securities fraud violations which is considerably shorter than most state statutes, and this research is important to the City. Director Blackston requested that McDermott advise the Board of their billing procedure and bring them up-to-date on their services. Blackston, seconded by Coody, made a motion to approve the resolution. Bob Brandon addressed the Board inquiring as to their knowledge of exactly what services McDermott has provided, documentation produced, and whether the Board has been briefed on their activities. In addition, Brandon asked why bills were still being received on the FOIA case, months after the case was resolved before the Supreme Court, and what the source of funding was for these payments. City Attorney Rose responded that he has had telephone conversations with the attorneys with respect to the research on securities fraud statutes of limitations. City Manager Linebaugh stated that FOIA was included on the Agenda as part of the overall case, which fees including the June and July statements, total approximately $950,901.90. These payments are made from the sanitation fund. Brandon further asked if the public would be receiving reports on other legal fees being paid, on the Illinois River case for instance. City Manager Linebaugh responded that this information is available in his office for public review at any time. October 1, 1991._, Upon roll call, the motion passed by a vote• of 6 to 1, with Director Coody voting in the minority. . RESOLUTION 183-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR PROPERTY TAX LEVY/POLICE AND FIRE' DEPARTMENTS STAFFING Mayor Vorsanger introduced an ordinance levying the 1991 Real Estate and Personal Property Tax millage and increasing the millage rate. City Manager Linebaugh stated that Staff recommends increasing the millage rate and using the additional revenue to fund the additional police and fire department personnel. Linebaugh further stated that this item need not be voted on until the next Board meeting, but the City needed to contact the County with a millage increase by November 1. Linebaugh explained that the current general real estate property millage is 2.1 mills with an availability of raising that up to 5 mills. Staff recommends raising the millage from 2.1 to 3.8 at this time and then up to 5.0 in. 1992. This would fund 3 additional firefighters and 1 police officer that were previously approved, in addition to adding 5 police officers and 3 firefighters in 1992. Director Green stated that the need for additional police and firefighters has been shown, but the Board needs to consider the upcoming water, sewer and sanitation rate increases as a whole, as the impact of these could be devastating to people on fixed income. Green stated that they should exhaust every other possible avenue for funding before considering a tax increase. Green further suggested obtaining more accuracy on assessments, as projected errors on assessed values could be a large source of revenue. City Manager Linebaugh stated that he recalls discussion with the County on the topic of assessment accuracy, and he would locate that information and present it to the Board. Director Green stated he wanted to convince himself as well as the citizens that every effort has been made to fund the additional staffing without additional taxes. Director Blackston stated his concern that there had not been enough input and the same should be tabled. Director Nash stated that input she has received call for more manpower but no additional taxes. She agrees that every funding avenue needs to be exhausted before raising taxes. In addition, Nash suggested revamping the budget so that citizens are asked to pay taxes for newer projects rather than for basic services. • • rif :121 e V�I October 1, 1991 • Director Henry stated that the public's appetite exceeds what they are willing to pay. She further stated that they either need to make the case and have the public's support for additional taxes, or revise and cutback every City budget which will provide for fewer services. Mayor Vorsanger stated that over $800,000.00 was cut from the City's 1991 budget in order to have a balanced budget. Vorsanger stated that citizens were informed earlier in the year that the additional fire and police staffing they were seeking would require a millage increase, so this should not come as a surprise to anyone. Vorsanger stated that on a $70,000 basis, this millage increase of 1.7 mills added to the current 2.1 in 1991 would mean an increase of $23.80 for real property and $1.76 for personal property taxes for a total of $25.56; and in 1992 an increase of $16.80 for real property and $1.32 for personal property. Vorsanger recommended tabling this item until the next Board meeting to give the public a chance to make their wishes known to the Board on the millage increase. He stated that a decision must be made and the County advised by November lst. In addition, Vorsanger stated that there were $50 million in building permits issued in 1990, and this year they are ahead of this figure. Services for this growth need to be planned and provided for. Serafino Guido, resident of Fayetteville, addressed the Board in opposition to the millage increase, stating that current police manpower is not being used to its capability. Robert Reus addressed the Board in opposition to the millage increase stating examples of what he believes are abuses in spending in city government. In addition, Reus stated that our current police and firemen are not being adequately compensated. Lamar Pettus addressed the Board in favor of an increase, stating that in order to have future expansion, a price must be paid or develop industry that can support a strong tax base. Pettus stated that it has been proven that Fayetteville needs additional police and fire staffing. It is the Board's responsibility to pass this millage, and if the citizens of Fayetteville are dissatisfied, they can chose not to re-elect the current Board members. City Manager Linebaugh suggested that they run an ad in the newspaper for the next Board meeting, as was done for this meeting, advising the public that the millage increase will be on the Agenda and a vote taken, as well as advertising on the "keyboard crawl" on the Open Channel. Director Green requested an estimate on the revenues that could be realized from assessment errors. City Manager Linebaugh stated that he would attempt to obtain the requested information for Director Green. October 1,:1991 Director Henry requested that Chief a report on the Fire Department sufficiently advise the public of problem. Jackson address the Board with staffing needs, in order to the severity of the staffing Fire Chief Jackson addressed the Board stating that the latest survey was on the ten largest cities in Arkansas excluding Little Rock, and Fayetteville ranked tenth. Fayetteville's staffing level is minimally adequate with 5 two-man companies in service. By national averages, Fayetteville should have 1 2/3 fire fatalities per year. Jackson reported that the City has gone 68 months without a fire fatality. Jackson verified that the present starting salary for a Fayetteville firefighter is $15,600.00, and he believes this is too low. Jackson stated that the 2 -man fire companies are not adequate for a spreading structural fire. Lt. Rick Hoyt, representing the Fayetteville Police Department, addressed the Board stating that an in-house study done two weeks ago revealed that of the 20 additional staff being requested, top priority is for 10 patrol officers. Hoyt explained the patrol service standard chart and stated during the 12 months of which the study was done, over 22,000 hours for calls to service were received. 140 calls for service were received in August when there was not an officer available. Rick McCurdy, President of the Fayetteville Firefighters Association, addressed the Board stating that "maximum manning" consists of 2 fire stations manned with 2 firefighters all the time and this standard is not sufficient. REZONING PETITION R91-20 Mayor vorsanger introduced an ordinance rezoning 6.29 acres located southwest of Appleby Road and north of Bishop Drive at 101 Appleby Road from A-1, Agricultural, to R-2, Medium Density Residential, as requested by Harry Gray on behalf of the owners Mike and Vickie Parker, Anthony and Jerry Latrecchia, and Max and Cinthia Parker. City Manager Linebaugh stated that Staff recommends approving the rezoning, and the Planning Commission voted unanimously in favor of the rezoning. The ordinance was read 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, madea motion to further suspend the rules and place the ordinance on.its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0.i The ordinance was read for the third and final time. Upon roll call, the motion passed by a vote of 7 to 0. • °'29 • October 1, 1991 ORDINANCE 3567 APPEARS ON PAGE .2 y 0? ORDINANCE AND RESOLUTION BOOR XxvI REZONING PETITION R91-21 AND ANNEXATION Mayor vorsanger introduced an ordinance annexing and rezoning 47.22 acres from A-1, Agricultural, to R-1, Low Density Residential, located south of Huntsville Road and west of Ed Edwards Road as requested by C. Alan Gauldin on behalf of C.A. Combs. City Manager Linebaugh stated that Staff recommends approving the rezoning, and the Planning Commission voted 7 to 1 to approving the annexation and 8 to 0 to approve the rezoning. The ordinance was read for the first time. It was discovered that the wording in the ordinance was incorrect and City Attorney Rose re -read the ordinance for the first time reflecting the correct information. Blackston, seconded by Green, 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. Blackston, 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 passed by a vote of 7 to 0. The ordinance was read for the third and final time. Director Blackston stated that one of the reasons for this annexation is to be able to control the development on the property, but it does put an extra burden on the police and fire departments. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3568 APPEARS ON PAGE eC OF ORDINANCE AND RESOLUTION Boon X X V I HOUSE NUMBERS Mayor vorsanger introduced an ordinance requiring permanent address numbers on all structures. City Manager Linebaugh stated that Staff recommends adopting a new ordinance to replace the existing ordinances that do not clearly define the requirements for permanent numbers. The ordinance was read 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 6 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 October 1, 1991 , roll call, the motion passed by a vote of 7 to.'0.v, The ordinance was read for the third and final -time. Director Coody inquired as to whether Staff had checked with the post office to see -if this ordinance was in compliance with their requirements. City Manager:Linebaugh stated that the post office supported the ordinance, and he believed their only requirements were that the letters be 3 3/4 inches and be affixed to mailboxes. Upon roll call, the motion passed by.a vote of 7 to 0. ORDINANCE 3569 APPEARS ON PAGE o8 OF ORDINANCE AND RESOLUTION BOOK XX V I 'CITY HOSPITAL Mayor Vorsanger introduced a resolution accepting a Quitclaim Deed from Fayetteville City Hospital conveying the City Hospital property to the City of Fayetteville; City Manager Linebaugh reported that Washington Regional Medical Center has assumed the operation of City Hospital. They have elected to lease the facilities rather than purchase them. Therefore, City Hospital is returning .the property to the City. Blackston, seconded by Green, made a motion to approve the resolution. Dr. Vinzant, former Chairman of the City Hospital Board, addressed the Board presenting them with a Quitclaim Deed conveying the City Hospital property back to the City of Fayetteville. Vinzant explained that this property was originally given to the City in 1906 by the Stone family with the condition that it would remain a hospital. The lease with Washington Regional Medical Center calls for the Board of the City Hospital as an Advisory Board to the WRMC Board. Due to the fact that the City of Fayetteville holds bonds covering the expansion and repair to this property, the land and facility are being returned to the City. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 184-91 APPEARS ON PAGE BOOK 1992-1996 CIP OF ORDINANCE AND RESOLUTION Mayor vorsanger introduced a resolution adopting the 1992-1996 capital Improvements Program document. ..4. • 4f October 1, 1991 City Manager Linebaugh stated that Staff recommends adopting the CIP program as it has previously been presented. Linebaugh stated that they have implemented numerous programs into the CIP as the budget would allow; there were a large list of projects that were not able to be funded which have been placed in a rank order to be implemented in the event other projects come in below cost. Director Coody inquired as to whether the laser microfiche machine for the City Clerk's office could be purchased any cheaper than $150,000. Goody stated that the City can call a hot-line number in Washington as offered in Cities and Town Magazine to compare prices nationally in order to get the best price. Kevin Crosson stated that the microfilming department is unable to keep up with the demand for filming and is several years behind. The laser disc system is much faster to use and will keep the department from having to hire additional personnel. In addition, Coody inquired as to whether the $9.1 million for the incinerator payoff will pay the debt service for five years with the sanitation fee covering that payment from there on out. Crosson stated that the $9.1 million merely reflects expenditure of that money, and each add on year will add on the next debt service payment. Mayor Vorsanger stated that once the debt service was paid off, that the $2.02 sanitation fee would be removed. City Manager Linebaugh further stated that there is $15 million in bonds to pay the difference of $7 million, and the tax will continue until this $7 million is collected. Director Nash stated that the vote taken at this meeting was not to approve the budget for CIP, but only a preliminary step to begin budget planning. Green, seconded by Nash, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 18S-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR POLICE VESICLE PURCHASE Mayor Vorsanger introduced an ordinance waiving the requirements of competitive bidding and allowing the Police Department to purchase used vehicles for the undercover drug enforcement program for the nett twelve month period. 1 October 1, 1991 ` City Manager Linebaugh stated that Staff recommends adopting this ordinance. It will also allow for the trade-in of existing under- cover vehicles. The 1992 budget contains $7,000 for the trade differences in the vehicle purchases. The ordinance• was read for the first time. Henry, -seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by.a vote of 7 to 0. The ordinance was read for the second time. Coody, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. City Manager Linebaugh stated that there was a change in the ordinance and the City will need to purchase one additional vehicle immediately to replace one that was recently wrecked. Upon roll call, the motion passed by a vote. of 7 to 0. ORDINANCE 3570 APPEARS ON PAGE 3a OF ORDINANCE AND RESOLUTION BOOR XXVI NOMINATING COMMITTEE PROCEDURES Mayor, Vorsanger introduced a resolution adopting an amendment to the Board of Directors' procedures for the Nominating Committee when filling vacancies to City committees, boards, and commissions. City Manager Linebaugh stated that the amendment will allow for a citizen to serve on only one committee at a time. Director Henry stated this was designed to expand opportunities for citizens and would not be retroactive. From now on, a citizen can serve on only one regularly functioned committee at a time, and is designed to prevent citizen "burn -out". Vorsanger, seconded by Coody, made a motion to approve the resolution. -Upon roll call, the resolution passed by a vote,ofw7 to 0. RESOLUTION APPEARS ON PAGE OF ORDINANCE. AND RESOLUTION BOOR PUBLIC FORUM Mayor Vorsanger introduced consideration by,the.Board of having a 30 minute open public forum before each Board of Director meeting to allow for questions and input fromcitizens on -any topic other than what is on the current agenda. j ! • ��U334 October 1, 1991 Director Coody stated that he was approached by two citizens concerning having a public forum prior to each Board meeting to allow for public comment. Charles Moorman, resident of Fayetteville, addressed the Board stating that he had experience with this procedure when he lived in Hattiesburg, Mississippi. It had been a long standing tradition for the first 30 minutes of council meetings to be set aside for citizen comments on non -agenda items, participants being limited to 3 minute speeches, and this procedure worked well for this community. Lyle Thompson responded to Mayor Vorsanger's inquiry about the Quorum Court's procedure stating that they set aside 15 to 30 minutes at the end of the meetings for public participation. Director Green stated that the purpose of changing Board procedures was to streamline the Board meetings, and steps have been taken to do that, including the creation of town meetings. Green stated that he didn't believe there was a necessity for both town meetings and the 30 minute session prior to the Board meeting. In the event that the 30 minute session is adopted, Green proposed that this be held at 7:00, prior to the regular Board meeting with as many Directors as possible in attendance. Director Blackston suggested that they try the 30 minute session prior to regular Board meetings. If this proves to be more than adequate time for this purpose, the time be adjusted accordingly. Director Coody requested that the 30 minute public forum be broadcasted on Open Channel. Coody, seconded by Nash, made a motion to adopt the 30 minute open public forum before each Board of Director meeting. Director Green inquired as to the fee for having the 30 minute forum televised. Linebaugh stated that they work on a negotiated fee, and he didn't believe the cost for additional air time would amount to much. Director Green stated that some people are intimidated by television cameras, and this may discourage attendance. Director Henry suggested that it be tried informally at first and not be televised in order to assess the additional citizen input. Barbara Moorman, citizen of Fayetteville, addressed the Board inquiring as to whether minutes would be kept of these 30 minute forums, and Mayor Vorsanger responded that they would keep minutes. Director Coody, seconded by Nash, amended his motion to remove television coverage. Pt October 1, 1991 Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 187-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK PEG CHANNELS Mayor Vorsanger introduced a presentation by the Cable Administrator on long range financial, operational, and planning projections for the PEG system. City Manager Linebaugh introduced Shea Crain, the newly hired Cable Administrator, to make a presentation to the Board. Linebaugh stated that the Cable Board has held only two meetings. Plans and the contract have not been completed to present to the Board. In addition, Linebaugh reported that Mr. Watkins, Chairman of the Cable Committee, and Mr. Hoyt Purvis, Chairman of the Cable Board, were both unable to attend this Board meeting. Director Green stated that under these circumstances, he felt the planned presentation was premature and unnecessary at this time. Director Nash asked why the City Board needs to be involved in this process. City Manager Linebaugh responded that Warner Cable turned this over to the City to either pick it up or let it die. Mayor Vorsanger announced that .the Board would wait to view the presentation until they have a negotiated contract to review Joe Robson addressed the Board stating that it was premature to discuss this as the FOC Board has not made a decision. _He further inquired as to an interim contract with the City as the previous contract and funding expired on September 30, 1991. City Manager Linebaugh announced that Open Channel has been given a 30 day extension on the contract which will expire November 15, 1991.- y,. t ft Shea Crain responded to Mayor Vorsanger stating that the Open Channel Board would be holding a special meeting on October 2, 1991 at 5:30 at the Library and subsequently a regularly scheduled meeting, and this should allow enough time to negotiate a contract. OTHER BUSINESS • ix E a ADVERTISING/PROMOTION COMMITTEE • Mayor Vorsanger announced that he has. 'appointed Director. Bob Blackston to the Advertising and Promotion Committee. for the City of Fayetteville to replace Director Coody, who is stepping down due October 1, 1991 to his busy schedule. Vorsanger thanked Director Coody for his service on the committee. VOLUNTEER CITY AWARD Mayor Vorsanger announced that he has been notified that Fayetteville was named "Volunteer City" for the second year in a row, and the award is to be presented on November 18, 1991 at the Hilton Hotel at the annual luncheon meeting of the Arkansas Municipal League. Vorsanger thanked the citizens of Fayetteville for the number of hours they have devoted to their city. ANONYMOUS LETTERS Director Nash addressed the topic of the anonymous letters regarding police problems, suggesting that this letter be sent to the Civil Service Commission to investigate and advise the Board. Nash, seconded by Vorsanger, made a motion to forward the letters to the Civil Service Commission for their reaction and disposition. City Manager Linebaugh stated that the Civil Service Commission is prohibited by law to enter into an investigation of this kind. City Attorney Rose verified that the 1989 Legislature passed a bill stating that the Civil Service Commission shall not either directly or indirectly interfere with the day-to-day operations of the police or fire departments. Rose stated that the Civil Service Commission would have to determine whether they were being asked to do that in this instance. Mayor Vorsanger stated that it was his understanding that the Civil Service Commission would not instigate an investigation unless the City Board requested them to do so. City Attorney Rose stated that the law was ambiguous in this regard. The rules and regulations of the statute imply the intent to be that they receive specific complaints from either citizens or the Board, and they investigate those specific reports, rather than conducting a broad investigation. Mayor Vorsanger stated that the Board should give the Civil Service Commission the opportunity to look at the letters with the Board's recommendation to investigate, and let them make a decision on whether to investigate. Director Henry stated her concern that a precedent would be set by asking for investigations on anonymous letters. Police Chief Watson advised that Civil Service Rules state that any complaints brought against the police or fire chiefs are to be directed to the City Manager for investigation. In addition, s $3' October 1, 1991 Watson stated that it was his understanding that the Civil Service Commission voted 4 years ago not to consider anonymous complaints. Director Green stated that he has a problem with the Board reacting to anonymous letters and chasing rumors which would be giving credence to these types of letters. Upon roll call, the motion failed by a vote of 3 to 4, with Directors Spivey, Green, Blackston, and Henry voting against the motion. ASBESTOS. ABATEMENT ORDINANCE City Manager Linebaugh introduced consideration of an ordinance waiving competitive bidding requirements on asbestos abatement for the Fayetteville Public Library and acceptance of a $6,620.00 bid from Jay Graves Insulation of Fort Smith. The ordinance was read for the first time. Blackston, seconded by Nash, 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. Blackston, seconded by Green, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, themotion passed by a vote of 7 to 0. The ordinance was read for the third and final time. Upon roll call, the motion. passed by a vote of 7 to 0. . ORDINANCE 3572 APPEARS ON PAGE 34 OF ORDINANCE AND RESOLUTION BOOK .XXv i ARTS CENTER PARKING ORDINANCE City Manager Linebaugh introduced consideration of an ordinance waiving competitive bidding requirements and approving Change Order #2 to the contract on the Art Center parking project which allows for trucks hauling debris to haul back fill. Linebaugh stated that an individual has approached the,City offering a donation of the structural fill material, saving the City approximately $28,800.00 by -hauling the fill on return trips, and addingu the hauling of 15,000 cubic yards to McClinton -Anchor's contract. The ordinance was read for the first time. Blackston, seconded by Green, 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. Blackston, 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 passed by a vote of77 to 0. The ordinance was read for the third and final time. , Jv October 1, 1991 Director Coody inquired as to how much had been spent to date to haul off fill. David Cox responded that the contract was a lump sum and has never been broken out. In addition, he stated that bids were presently being taken on the two remaining parking lots. Director Coody further inquired as to how much it would cost to complete the constructural fill job. Cox responded that the engineers estimate that they will eventually end up with 30 to 40 thousand cubic yards of fill on this site, and the present proposal will decrease those figures by 10 to 15 thousand cubic yards. Barbara Moorman, resident of Fayetteville, addressed the Board asking for the nature of the individual donating fill and of Robert Grigg's business. Cox responded that he did not know the nature of Grigg's business. Mr. Grigg was initially in contact with Don Munsell, and the donation of the material has not been officially arranged. Cox further stated that the fill consists of red clay gravel mixture commonly used by contractors, and Grigg's property from which the fill would be removed is located in Johnson on Mill Road. Moorman requested that the motion be amended to provide that the fill itself should be investigated for public health and safety. Cox responded that the engineers had been asked to evaluate the fill that is being offered as donation for project suitability and in both cases, the fill was reported to be suitable. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3571 APPEARS ON PAGE 33 OP ORDINANCE AND RESOLUTION BOOK WI SOLID WASTE MEETING City Manager Linebaugh announced that a solid waste meeting with officials from the four county area to discuss the four county waste management district proposed by Judge Charles Johnson was scheduled for Thursday, October 3, 1991 at 1:30 p.m. in the Quorum Courtroom. Mayor Vorsanger stated that he would be present and encouraged the remaining Board members to attend the meeting. ADJOURNMENT The meeting adjourned at 10:28 p.m.