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HomeMy WebLinkAbout1991-10-15 Minutes1 MINUTES OF PUBLIC COMMENT SESSION The first meeting of a Public Forum was held at 7:00 p.m. on October 15, 1991, in the Board of Directors Room, City Administration Building, 113 West Mountain, Fayetteville, Arkansas. • PRESENT: Mayor Fred Vorsanger, Directors Julie Nash, Shell Spivey, Mike Green, Bob Blackston, and Ann Henry; City Manager Scott Linebaugh, Administrative Services Director Kevin Crosson, Interim Planning Management Director Freeman Wood, City Engineer Don Bunn, and City Clerk Sherry Thomas. ABSENT: Director Dan Coody Mayor Vorsanger addressed the,public explaining that 30 minutes has been set aside prior to the regular Board Meeting for discussion of non -agenda items. U.OF A PROJECT Barbara Moorman addressed the Board questioning a U of.A project in which architectural students will develop plans for linking the University, Walton Arts Center, and Fayetteville Square, and she asked who makes up the 20 member steering committee that will authorize any proposed changes. Mayor Vorsanger stated that he as well as Director Henry are members of the steering committee, but he - was unable to attend their first meeting. It..is_•his understanding that the students would be working on plans for a week, and subsequently would present them to the steering committee. Vorsanger suggested that Moorman contact either John Lewis of the.Bank of Fayetteville or Jim Glenn of Mcllroy Bank who serve as,co-chairmen of the steering committee. ' % , t Director Henry addressed the questions posed by Barbara Moorman regarding the U of A project and stated that this is a volunteer group who is attempting to provide an opportunity for 5th year architectural students to obtain experience on such a project. Henry stated that the steering committee is comprised of a group of downtown property owners, U of A staff, and local architects with the intent of exploring ideas of private citizens who are interested in improving and/or revitalizing downtown Fayetteville. it CITY MANAGER'S REPORT • e Charles Moorman addressed. the Board ,regarding the July report presented by City Manager Linebaugh in which he reported optimism for the future of Fayetteville and that the City is in excellent financial condition with revenues on the rise. and expenditures under control. As recently reported by the press, Linebaugh stated that unless the City obtains additional sources of revenue, it will • 1FErtl 9U October 15, 1991 go down the tube in two years. Moorman requested verification on the actual financial condition of Fayetteville. City Manager Linebaugh responded that at the present time, the City's budget is on line with projections, but that operational funds are going down hill, and these need to be increased in order to cover future expenses. Linebaugh further explained that the consultants hired will be examining the City's fees/charges to determine whether they adequately cover services provided and how they relate to other communities. PUBLIC COMMENT SESSION PROCEDURE Tiny Hamilton addressed the Board suggesting that a show of hands be taken of the citizens wishing to speak at the beginning of these sessions in order to evenly allot the 30 minutes. TRAFFIC ENFORCEMENT Mayor Vorsanger reported on a citizen's phone call he received commenting on traffic rule enforcement, excessive garage sales which should require a permit and be limited to one per year, and use of garage sale signs in violation of City ordinances, fire trucks driving to grocery stores, and parking on the wrong side of streets, too many cars without license tags, and not using turn signals. Vorsanger suggested that the impending police staffing increase will hopefully solve some of these problems. Director Nash inquired whether there were any ordinances which address garage sale parking. Freeman Wood responded that there were no such ordinances. He further stated that there was currently a policy regarding limiting garage sales to three per year, but without a permit system, there was no way to keep up with the situation. In addition, he agreed that there is a problem with garage sale signs and that an ordinance may be necessary to control these signs. Charles Moorman addressed the issue of traffic control and reported that the City's traffic lights could be linked to a computer in order to regulate traffic flow. He felt the cost of said system would be well worth the results. He recommended that the City consider including this system in the 1992 budget. City Manager Linebaugh reported that this traffic flow system appears on the 1992 CIP potential list near the bottom due to the cost of approximately $300,000 and the priority of other projects. ADJOURNMENT The Public Comment Session adjourned at 7:25 p.m. MINUTES OF A MEETING OF THE CITY'BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 15, 1991 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Ann Henry, Julie Nash, Shell Spivey, and Bob Blackston; City Manager Scott Linebaugh; City Attorney Jerry Rose; City Clerk Sherry Thomas; Freeman Wood, representing the Planning Division; David Cox, representing Public Works Division; Director of Administrative Services Kevin Crosson; Police Chief Richard Watson; Fire Chief Mickey Jackson; members of Staff, press and audience. ABSENT: CALL TO ORDER Director Dan Coody. The meeting was called to order by the Mayor, with six Directors present. . The Mayor asked those present to stand and recite the Pledge of. Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed comments on any item .on the agenda. He explained that in order to allow equal attention to all items on the agenda, the Board requests that comments be limited to 3 minutes per person per item,; and a spokesperson be elected for comments made on the samejssue. REPORT TO THE PUBLIC R ~ A report to the public andBoard.is,presented by the City Manager at the second Board meeting of each month. This report, for the month of September, includes financial information, an update on staff activities, and items of general' interest. FINANCIAL INFORMATION City Manager Scott Linebaughsreported that at the end of September the balance sheet revealed assets of $186 million and liabilities of $35 million with a fund balance of $151 million. For the period ending September 30th, there were total revenues of $37 million, which is $8 million more than last year due„to increase in water sales and school franchise.tax. Expenditures are at $41 million which is a decrease of $8 million compared to this time last year. Linebaugh explained that the difference between revenues and expenditures is in line with the budget, primarily due to bond funds received in previous years and spent ingthe current year. !4544 October 15, 1991 COMMUNITY DEVELOPMENT City Manager Linebaugh reported that housing rehabs are nearly completed for the year with an approximate expenditure of $115,000.00. YOUTH BRIDGE SHELTER City Manager Linebaugh reported that after months of planning, construction will begin in November on the Youth Bridge Shelter which is a community project to serve the children of Northwest Arkansas with outreach counselling and emergency services. CONSTRUCTION PERMITS City Manager Linebaugh reported a record setting pace in construction permits with 1,316 permits issued for the year with a total value of $41.9 million; compared to 1990 figures of 1,215 permits for a total value of $38.4 million. FAYETTEVILLE VISION PROGRAM City Manager Linebaugh reported that phase two of the Fayetteville Vision Program should have a completed report in two weeks for presentation to the City Board and Planning Commission. It will set out funds necessary to complete the projects as well as Staff's recommendation. Linebaugh stated that some Vision projects were included in the 1992 CIP, such as bikeways and sidewalks. HISTORIC PRESERVATION ORDINANCE City Manager Linebaugh reported that progress has been made toward establishing a Historic Preservation ordinance for the Washington, Willow and Mt. Nord Historic Districts. "ADOPT A PARK" PROGRAM City Manager Linebaugh reported on nine organizations currently involved in the "Adopt a Park" Program implemented in 1990 which provides the public with an opportunity to become involved, aids in controlling litter, and maintaining parks in better conditions. Linebaugh reported this to be the first program of this kind in the state. The program has been nominated for the Arkansas Recreation and Park Association Program of the Year Award which will be presented in November. Linebaugh announced the goal of involving all City parks in this program and urged anyone interested in adopting a park to contact Dale Clark or the City Manager's office. "CANS FOR CRITTERS" PROJECT City Manager Linebaugh reported on the "Cans for Critters" Project between the Animal Services Division and Humane Society which October 15, 1991.. collects aluminum cans to be recycled. The funds are dedicated to equipment and supplies at the Animal Shelter. To date $335.00 from the can drive, $295.00 in cash donations, and $565.00 from concert donations have been collected. Linebaugh advised anyone interested in working on this project to contact Lib Horn with the Animal Shelter. FIRE FIGHTER COMMENDATION Fire Chief Mickey Jackson commended the crew of Engine #4, Captain Chris Lynch and Fire Fighter Tommy Gage, on their rescue efforts at the Jorgensen house fire. Although the basic objective failed and the victim could not be rescued in time, the crew did everything possible to effect a successful rescue. Jackson further expressed condolences to the Jorgensen family. Chris Lynch addressed the -Board commending the entire Fayetteville Fire Department on their wok and in particular, Tommy Gage, for his efforts at the Jorgensen fire. CAPITAL IMPROVEMENTS PROGRAM David Cox, representing Public Works, gave a slide presentation on the City's Capital Improvement Projects in progress and those completed in 1991. Cox stated that the City has budgeted $27 million for the completion of 129 capital improvement projects in 1991, including the Airport; public access tv; traffic lights; vehicle replacements; street, bridge, and park improvements; new fire equipment; new police equipment/weapons; city building projects; pollution control plant upgrades; water/sewer improvements; solid waste and recycling equipment. Cox reported that 61% of the projects begun in 1990 are,completed and 20% of the 1991 projects have been completed. Director Henry explained to,the public that many of these projects are financed with grants and do not come out of general fund monies. t. Mayor Vorsanger announced that the City•Manager's monthly report is available to the public. - i `v OLD BUSINESS 3 ; • Items that have been brought,before the•Board.but were tabled or no decision made to allow for -further information to be presented: 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. nen 3 • October 15, 1991 Vorsanger further explained that this item was tabled at the October 1st meeting to allow for public input. Staff recommends increasing the millage rate by 1.7 payable in October 1992; and using the revenue to fund additional police and fire department personnel. Vorsanger, seconded by Nash, made a motion to take the item off the table. Upon roll call, the motion passed by a vote of 6 to 0. City Attorney Jerry Rose read the ordinance for the first time. Henry, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Henry, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 6 to 0. The ordinance was read for the third and final time. Mayor Vorsanger asked for public comment at this time. Rick McCurdy, President of the Fayetteville Fire Fighters Association, addressed the Board urging them to vote in favor of the tax increase. The issue of the increase in manpower has been voted on, and the City has assured the Fire Department three additional men in the next five years. The issue now before the Board is how to pay for these men. McCurdy reported that three additional men will start in the next several months, and after the 1992 budget is approved, three more recruits will be hired. Salaries for these six firemen will be paid for out of reserves which are not adequate, and these men are needed now and not after a costly study. Charles Moorman, resident of Fayetteville, addressed the Board stating that the issue is not the need for new police and fire department personnel, but rather the means for funding these personnel increases. Moorman expressed his concern that over $4 million has been spent on industrial growth expenditures; and this money could have been salvaged had the City Staff foreseen the need for extra fire/police personnel in advance in order to avoid this crisis situation. Moorman reported consensus among the Fayetteville Vision Project participants that they had lost faith in the prospect of industrial growth but rather requested social services and the amenities of life that government should provide, and which Fayetteville is now threatening to reduce. Moorman suggested that in lieu of a tax increase, City Staff strip the expenditures for the last two months of 1991 and the 1992 budget be re -analyzed to eliminate questionable items. Tiny Hamilton addressed the Board in support of Charles Moorman's remarks but in favor of the tax millage increase. Hamilton stated that the Chief of Police and Fire Chief are the best people to decide where funds raised by the tax increase can best be utilized. October 15, 1991 Hamilton stated the need to protect the citizens and the departments that are presently understaffed should be linked with a legislative audit of the City of Fayetteville. In addition, he suggested the auditing firm presently used by the City be investigated. In the alternative, Hamilton suggested that a "blue ribbon" panel of average citizens be appointed to look into the City's expenditures and 1992-93 budgets. Barbara Moorman, resident of Fayetteville, addressed the Board in opposition to the tax increase, stating that personnel needs should not automatically mean an increase in taxes. Moorman consented the need for additional fire fighters, but questioned the means for evaluating the police department needs. She stated this study should be done locally by recognized professional standards. Moorman suggested that development is costly, and it is the tax payers in general, not the developers, speculators, and investors who pay for these changes. Over $500,000 has been put into the South Industrial Park, which has been described as a "non -doer". In closing, Moorman urged the Board not to raise taxes, but rather to reorder priorities and stop subsidizing the wealthy section of the community. Director Green stated that anytime a government starts to raise taxes, there are always those opposed. Considering the documented staffing needs and limited resource alternatives for police and fire operations, he believes a millage increase is the most feasible option. Green explained that legally, funds from capital improvement projects cannot be used for operations. The projects that could be cut out of the general fund, such as Square Garden maintenance, parks maintenance programs, swimming pool programs, and CEMS operations would cause worse problems than would a moderate tax revenue increase. Another possibility would be to ask the voters for a sales tax "increase, which Green believes would fail in view of the recent 1% sales tax -increase for CIP. In addition, a sales tax is regressive as it affects low income people more than it does the affluent. Green stated that the report he requested and received from the City Manager was discouraging regarding possible funds realized from more'accurate assessments, reassessments, or with the addition of a City Assessor to help look out for the City's interests. Director Spivey stated that,this is symptomatic of the problems Fayetteville has been facing in the last several years with an unsuccessful emphasis on ,economic development. Spivey further stated that if the economic base is not increased, the City is being forced into increasing taxes. on individuals and property owners. By pursuing economic development and spending themoney needed to attract new industry, millions of dollars in tax revenues can be realized. . Director Nash stated her support for the 1.7 millage increase and subsequently revamping the budget to place basic services first. + Oulu October 15, 1991 Nash stated that besides the liability of the City due to lack of manpower, public safety is the bottom line. Nash reported public input suggesting reprioritizing the budget, reducing the City's fleet of cars, reducing outside attorneys, and conducting in-house consulting. Director Blackston reemphasized that property owners would be the main benefactors of the increased Police and Fire Department manpower. This tax increase is the fairest approach and the only alternative in solving this urgent, immediate need. Blackston suggested that those citizens concerned with the City's budget, provide input and ideas regarding budget cuts and program streamlining during the 1992 budget discussions. Director Henry stated that the City has been aware of the staffing needs since January and has been looking at all available funding alternatives to deal with the problem. Considering the complexities of a budget, targeted taxes like those of CIP, work well because funds cannot be moved or reallocated to different projects. Henry reported that from her review of the City budget and review of Staff's list of 21 programs that can be cut; including cuts in staff, many of the suggestions for reprioritizing the budget are not available for appropriation by the City Board. Those that are would have a negative impact on citizens, particularly students and children. Mayor Vorsanger stated that the list of programs that could be cut from the budget are the same programs in which the public is requesting improvement. Vorsanger explained that the proposed millage increase would be used exclusively and dedicated to police/fire staffing. He further illustrated the impact of this tax increase using himself as an example. He stated his additional liability would be $2 per month or $24 per year. Vorsanger stated his intent to take Mr. Hamilton's comments very seriously and explore the possibility of appointing a committee comprised of talented U of A staff and retired citizens who have the experience to do Fayetteville a favor and further consider a legislative audit. In closing, Vorsanger addressed those requesting input on the City budget and reminded them of the heavily advertised Public Hearing held on June 20, 1991 regarding the 1992 budget and reported that the only people in attendance at the Public Hearing were city staff and Director Dan Coody with im public attendance. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3573 APPEARS ON PAGE Y7 OF ORDINANCE AND RESOLUTION BOOR ?(KVI Director Nash requested that Mayor Vorsanger's suggestion for a committee or legislative audit be discussed at the upcoming Agenda Session. 1 %4.7 October 15, 199L SOLID WASTE MANAGEMENT DISTRICT Mayor Vorsanger introduced a resolution approving the formation of a four county Solid Waste Management District as recommended by Washington County Judge Charles Johnson. Judge Charles Johnson addressed the Board explaining that for the last two years the state has been addressing solid waste problems through regional planning districts created by 1989 legislation. In 1991 the state passed additional legislation that established solid waste planning districts and solid waste management boards, which consist primarily of planning development districts throughout the state for eight regions. In Northwest Arkansas, Washington County, Fayetteville, and Springdale have been part of a nine county solid waste planning district. Johnson explained that since the 1991 legislative discussions, Franklin & Associates .conducted an assessment of the waste stream, and recommend the formation of a five county district of eastern counties and a four county district of western counties. The four county area of Washington, Benton, Madison, and Carroll Counties have recognized certain common interests such as protection of Beaver Lake which serves as a major water supply for the cities in these counties. Johnson stated that Washington and Benton Counties would qualify for their own single district due to population, and there are additional options for a two, three, or four county district.. Johnson reported that the option of setting up a two county district with Washington and Madison Counties •comprised of each county and the first class cities in those counties would allow Washington County to have a majority vote. Washington County would have three representatives, one each from the City of Fayetteville, the City of Springdale, and Washington County. Benton and Carroll Counties would each have four representatives, and Madison County would have two representatives. Johnson reported that the City of West Fork has recently taken steps to become a -city of the first class,. and if approved, they would also be represented. Johnson reported that the single county and two'county district options have been discussed, and it has been recognized that Northwest Arkansas is a region with many things in common; therefore, it is believed that an attempt should be made to cooperate in addressing the solid waste problems with a four county district. Johnson reported that current mandates are coming,from the state that will necessitate joining together to address' solid waste. Johnson reported that the four' counties' Quorum•`Courts have adopted resolutions requesting that the State Department of Pollution Control and Ecology designate the" four counties as a solid waste management district. A • Mayor Vorsanger asked whether population basis. Also, he Washington County be able to.pul and form their own. votes can"be distributed on a asked .if; problems arise, would 1 out of the multi -county district r. } • October 15, 1991 Judge Johnson responded that Washington County could always withdraw from the four county district and form their own district. Johnson further stated that it would be harder to form a single district now and then try to regroup to pull other counties in at a later date. Efforts could be made in future legislation to bring about more equity in the voting, and set-up voting on a population basis. In the event that any cities in Washington County should look to become a city of the first class, then Washington County would have five votes, Benton County four votes, and Madison County two votes. Johnson explained that Carroll County creates the biggest inequity by receiving four votes for a 20,000 population. Johnson further explained that even if voting was set-up on a population basis, Washington County would still not have a majority vote with 115,000 out of a total 250,000 population. Director Green asked if Fayetteville, with a 42,000 would have the same vote as Huntsville, with a 1,400 Johnson responded that each city would have only including Fayetteville and Huntsville. Director Green asked if there was a way to stipulate through till by-laws of this solid waste district that the voting be based on the population. Johnson responded that this possibility should be examined. population, population. one vote, Director Nash stated her approval of the larger 4 -county area for a regional approach to solving the solid waste problem. Director Blackston stated his concern that this issue has been addressed for a long time and Washington County is rapidly running out of landfill space. A decision needs to be made, and the solid waste problem addressed as soon as possible or the County is looking at astronomical costs for garbage disposal. Director Blackston inquired about forming a one or two county district and then adding additional counties later. Johnson responded that this could be done, but it is less likely that a county will pull out from one district to join another once these districts are set-up. Director Nash reiterated Director Blackston's statement that they need to make the decision on the district formation and then start dealing with the real problem of garbage disposal. Director Henry expressed her concern that all regional landfills are rapidly approaching full capacity. Instead of discussing planning and staffing, Washington County needs to get started in solving the problem at hand. Judge Johnson responded that every county and city has to develop and present a plan to be recognized by the Department of Pollution Control and Ecology. The four county district would have to work October 15, 1991. on a solid waste plan that would satisfy the cities and counties involved. Johnson reported that there are mandated target dates set -out by the legislature which require composting programs to be in place by certain dates, such as yard waste and battery dumping at landfills ceased by certain dates, recycling levels accomplished by certain dates, and properdisposal of tires by a certain date. These are issues that need to be addressed and resources utilized to meet these mandated target dates. City Attorney Jerry Rose read the resolution. Henry, seconded by Blackston, made a motion to adopt the resolution. Director Nash stated that the resolution referred to "City Counsel" and needs to read "City Board" and City Attorney Rose stated that he would make this correction. Director Green stated that the regional concept for waste management is strong and solid, with theintent that various regions with common denominators, pool resources to solve the solid waste problem. Green expressed his concern that the legislature has created a law that is totally inequitable with the "one town one vote" concept. If in the event that the four county district doesn't prevail, Green asked what the City would fall back on. In effect, the City is proceeding with a commitment of "faith" to see if this new spirit for regional cooperation in developing a four county district will be successful. In addition, Green reported that geology maps reflect the best landfill spaces are in South Washington County. Therefore, it is likely that Washington County will be the site for a new landfill. Director Green further suggested an amendment to the resolution to encourage the solid waste district, once established, to adopt by- laws within a reasonable amount of time which would provide for a method of weighing the vote based on the population. Mayor Vorsanger stated that he didn't feel an amendment was appropriate at this time since all parties have expressed the same concerns. In the spirit of cooperation and since the four counties have already agreed to establish a district, Fayetteville, as a part of Washington County, really has no choice but to join in the four county district. C.. Director Green responded that by addressing the present concerns now before the district is formed, their concerns would be of an official capacity and give more equity; toa population base. In addition, Green stated his concerm thatfuture government officials may not share the same views and attitudes as the officials that are presently trying to establish this 4district on a regional cooperation basis, and Fayetteville needs to look out for Fayetteville. ir • October 15, 1991 Director Nash stated that they need to join the district first, before they can start effecting legislation in the district; and she doubts that they would ever be prohibited in the future from bringing up a resolution such as Director Green has proposed. City Attorney Rose responded to Director Green's inquiry of whether Fayetteville's membership could be contingent upon certain occurrences by stating he believed that DPC&E would have to approve such a request and probably would not look favorably upon it. Mayor Vorsanger stated that the best way to handle this is for representatives from all entities, when they begin working on by- laws, to work this out. If a satisfactory solution cannot be agreed upon, Fayetteville could then pull out at that time and form a one county district. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 188-91 APPEARS ON PAGE Oa 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 October 1, 1991 regular Board meeting. B. A resolution approving a budget adjustment in the amount of $10,875.00 to be taken from General Fund Unreserved Fund Balance to cover expenses that exceeded the budgeted amount in the City Manager's Division. The expenditures include copy charges, an increase in liability insurance, professional services, motor pool and replacement charges, travel and training, and office machine maintenance. Staff recommends approving the budget adjustment. RESOLUTION 189-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK C. A resolution approving a budget adjustment in the amount of $8,644.00 for the Patrol/Emergency Response Program in the Animal Services Division. The adjustment is necessary because of the increased citizen demand for services which has resulted in more animal related investigations, overtime, and motor pool charges. Staff recommends approving the budget adjustment. U4> October 15, 1991 RESOLUTION 190-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D . Removed from Agenda at the Board Agenda Session. E . A resolution awarding Bid 91-56 for the Fulbright Expressway Tree Planting Grant to the low bidder, and approving a budget adjustment accepting the grant and setting up the expenditure. Staff recommendation and the bid tabulation will be available at the Board meeting after the bids are opened on October 14. The Fulbright Expressway Tree Grant of $28,800 will be used to contract local nurseries to plant the native trees along Highway 71 Bypass. RESOLUTION 191-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR F. Removed from Agenda. Blackston, seconded by Nash, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 6 to O. UTILITY EASEMENT VACATION Mayor vorsanger introduced an ordinance vacating a utility easement on Lot 21, Block 7 of the Hyland Park Addition as requested by Roy Stanley and others. Staff recommends granting the easement, and there were no public objections. City Attorney Jerry Rose read the ordinance 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 6 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 was passed by a vote of 6 to 0. The ordinance was read for the third and final time. Roy Stanley addressed the Board stating that he and his wife, Connie, own Lot 20 in Block -7 of the Hyland .Park Addition. His neighbors, Walter and Connie Nelson, own Lot 22 adjacent to them. Stanley explained that Lot 21 is a tandem'lot situated behind Lots 20 and 22 which is owned collectively by the Nelsons and Stanleys. Across the back of Lots 20 and 22 runs a 20 foot utility sewer easement which prevents construction of a swimming pool. Stanley reported that the platted easement along the parameter of.Lot 21 has no utilities in the ground and none of .the utility companies intend to use it. Therefore, Stanley requests that the Board allow them to vacate this easement for construction of a swimming pool. October 15, 1991 Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3574 APPEARS ON PAGE -5-s° BOOB X XJ I REZONING OF ORDINANCE AND RESOLUTION Mayor Vorsanger introduced an ordinance rezoning 3.32 acres located on the northeast corner of Mt. Comfort and Salem Road from A -i, Agricultural, to R-1, Lor Density Residential, as requested by Hamilton Coston. Vorsanger reported that the Planning Commission approved the rezoning. 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 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 roll call, the motion was passed by a vote of 6 to 0. The ordinance was read for the third and final time. City Manager Linebaugh reported that Staff does recommend this rezoning; and the Planning Commission voted unanimously to approve it. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 357.( APPEARS ON PAGE 52 OP ORDINANCE AND RESOLUTION BOOB XXVI SETTLEMENT OFFER Mayor Vorsanger introduced a resolution accepting the settlement offer in the Shewmaker vs. City of Fayetteville case which appeals the Board of Adjustment decision denying Richard Shewmaker permission to construct a balcony on the front of the old Polk Furniture Building at 603 Most Dickson Street. City Manager Linebaugh reported that Shewmaker has offered the City a $200.00 settlement. Linebaugh announced that Larry Tompkins from the Board of Adjustment and Richard Shewmaker were present at the meeting to answer questions. City Attorney Rose explained that this is an appeal by Shewmaker of a Board of Adjustment's decision to the Circuit Court of Washington County, and Rose has responded to the appeal. 1 1 October 15, 1991 ' Director Nash inquired whether a remedy had been addressed at the Board of Adjustment's meeting concerning the,procedure of appealing from the Board of Adjustment to the Circuit Court. Larry Tompkins reported that the Board of Adjustments suggested improving communication and coordination between the Board. of Adjustment and the Board of Directors decision making processes. Mayor Vorsanger reported from the minutes of the Board of Adjustment meeting wherein Ms. Bryant stated that should the balcony be redesigned without the posts, Staff would recommend granting the variance with the understanding that it applied only to the balcony and not to any other potential encroachments. Vorsanger stated that in the Board's review of this project, it was decided that the posts for this balcony would be necessary for safety purposes; and therefore, he questioned the Board of Adjustment's decision to eliminate the posts. Tompkins responded that the purpose of a C-3 district in terms of intent of the zoning ordinance is that C-3 is designed to accommodate commercial and related uses found in the central commercial district. Tompkins explained that when the Board of Adjustment looks at the intent of the ordinance to hold together high density uses, to cut down transportation, and to provide uses for more people, the Shewmaker case is contrary to that intent. In .addition, Tompkins reported that another intent of the ordinance was to avoid promoting longevity of non -conforming structures, but to allow for non -conforming structures in which a modification would improve or enhance an area. When the use of air rights over public right-of-way and public easements are examined, the balcony would use public right-of-way and the same would have to be connected to the building, requiring the approval of a 5 foot variance. Tompkins reported that the Board of Adjustment looks at whether there is a hardship present whereby the balcony prohibits the appropriate use of property. In this case, it does not. While the balcony itself does not create a hazard, when rights-of-way are encroached upon by putting posts near the street, it creates an object hazard. In light of no existing hardship, the property can be used as it presently exists. Tompkins reported that the Board of Adjustment could not approve the Shewmaker request. Director Henry questioned if the objective of a zoning code to do away with non -conforming uses essentially means to do away with the' buildings because they will never conform with the zoning code use. Tompkins responded that the buildings can be made to conform with modifications to the physical structure. Director Henry further stated that the City's intent is to preserve the existing buildings on Dickson Street in lieu of tearing them down. • • October 15, 1991 Tompkins responded that an urban design plan or comprehensive plan for the entire area, would give the Board of Adjustment guidelines and policies to follow for aesthetic and physical improvements, but as it stands, it is a non -conforming use. Tompkins stated that the Board of Adjustment looks at each variance request individually, as there are no policy guidelines to follow for Dickson Street, thereby discouraging development in this area. Director Henry stated that as long as there are ordinances that do not specify between areas, the Board of Adjustment and Planning Commission will have follow the ordinances no matter where the location. Director Nash reported that the Planning Commission has a list of reasons to waive or vary ordinances. Director Green stated that in trying to develop Dickson Street, the existing ordinances and procedures to protect citizens and the City are creating a tremendous stumbling block to discourage development which is contrary to the City's intent. Green further stated that time is of the essence in developing plans for Dickson Street, as the area will not be compatible with the Walton Arts Center. Tompkins responded that special use districts can be created in which a particular district is set aside to develop certain design criteria. The use of plan unit development can be used in urban renewal areas in which a large scale development plan can be incorporated with an existing area. Mayor Vorsanger inquired about the status of the new zoning ordinance which has been in the works for sometime. City Manager Linebaugh responded that a plan was presented to the Planning Commission and is scheduled to be enacted in late 1992. Linebaugh stated that the other alternative was to hire consultants to do the work in lieu of City Staff, which has proven to be unsuccessful in the past. Tompkins stated that the School of Architecture has begun looking at this area to deal with policy and physical development in an attempt to link Dickson Street, Downtown, and the Walton Arts Center, which could prove to be a major step forward in looking at the idea of a special use area. Tompkins further explained that this project is scheduled for January 1992. The entire School of Architecture will be involved in a four day project to develop ideas and concepts for policy and land use. Richard Shewmaker addressed the Board stating that the issue of conformity of buildings in this area to C-3 was not be an easy task. Shewmaker stated his intention is in line with that of the City --to preserve properties in that area. 1 October 15, 1991 Director Nash stated that this is the second case presented to the Board in the last month in which it was cheaper to settle than to conform on the front end. _. Director Green stated that.this particular instance reflects on the philosophy of the Board and how they. intend to encourage development on Dickson Street. He suggested the Board look into special use zones as this will be a common problem until the end of 1992 when a plan is finally put in place. Director Henry requested verification from Tompkins on a C-4 zoning; to which he responded that it is a special district for the CBD with zoning regulations, uses, and building types. Green, seconded by Blackston, made a motion to approve the resolution. Director Spivey inquired as to whether the Planning Commission could be charged to pursue a special zoning district as soon as possible and whether a plan for encouraging development on Dickson Street could be moved up on the list of .priority projects due to the time factor. Tompkins responded to Director Henry's question that other variance requests have been received and approved by the Board of Adjustment --one regarding the proposed parking area north of the "Library" in which they requested four instead of the required twelve parking spaces, and the second involved a canopy extension out to the right-of-way was requested by the Exxon station. Director Blackston stated his regret that the Board of Directors is faced with opposing Board of Adjustment decisions and they shouldn't be discouraged from doing their job. It is also important not to discourage efforts being made to improve the looks of Dickson Street. Upon roll call, the resolution passed by a vote of 4 to 2, with Directors Nash and Henry voting no. RESOLUTION 192-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ARTS CENTER PARKING Mayor vorsanger introduced consideration of a resolution awarding Bid 91-55 to the low bidder, John P. Marinoni Construction Company, in the amount of $20,000 for the Dickson Street and School Avenue parking sites. City Manager Linebaugh reported that Staff recommends awarding the contract which will be for demolition of the two sites and removal of debris. Linebaugh stated that the initial bid on this • October 15, 1991 demolition was allocated at $77,595.00, and it was decided that this bid was too high and the same should be rebid. Serafino Guido, resident of Fayetteville, addressed that Board stating that in light of this stupendous savings, one wonders what might have happened had the entire project been rebid. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 193A-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR OTHER BUSINESS WITT/HARGIS PROPERTY City Manager Linebaugh introduced a resolution regarding an offer and acceptance on the Witt/Hargis property, for the purpose of Arts Center Parking. Linebaugh reported a counter offer by the owner of $115,000.00 which is 33% more than the appraisal performed by the City which came in at $86,000.00. Linebaugh reported that in view of the subject nature of the appraisal and lack of adequate comparable sales contributed to the difference in the two appraisal prices. Linebaugh reported that Staff has recommended proceeding with the settlement as it probably represents the best offer the City will receive. The property owners have indicated that they will fight any condemnation action which would delay the entire project. Green, seconded by Spivey, made a motion to purchase the property. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 193-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR REGIONAL AIRPORT AUTHORITY MEETING Mayor Vorsanger announced that a regular meeting of the Northwest Arkansas Regional Airport Authority scheduled for October 17, has been rescheduled for 6:00 p.m. on Thursday, October 24, 1991 at the Rogers City Administration Building, Community Room, 303 West Poplar Street in Rogers. RESOURCE RECOVERY SYSTEM Director Nash reported on a letter received from Ron Bumpass requesting an opportunity to make a presentation on the Resource 1 ,October 15, 1991 Recovery System. She requested that this be placed on the next agenda. ADJOURNMENT The meeting adjourned at 10:00 p.m. • 4 •