Loading...
HomeMy WebLinkAbout1991-11-05 Minutes35 MINUTES OF PUBLIC COMMENT SESSION A Public Forum was held at 7:00 p.m. on November 5, 1991, in the Board of Directors Room, City Administration Building, 113 West Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger, Directors Julie Nash, Mike Green, Bob Blackston, Ann Hnery, and Dan Coody; City Manager Scott Linebaugh, Administrative Services Director Kevin Crosson, Interim Public Works Director Don Bunn, and City Clerk Sherry Thomas. ABSENT: Director Shell Spivey Mayor Vorsanger opened the Public Comment Session explaining the purpose of this meeting was for citizen input on non -agenda items. REGIONAL AIRPORT BOARD RESIGNATION Jack Springborn addressed Mayor Vorsanger thanking him for his letter accepting his resignation from the Airport Advisory Council. BUDGET RETREATS Kevin Crosson announced the dates being considered for Budget Retreats --November 22 and December 5. The plan is to have the first Budget Retreat on November 22 from 9:00 to 5:00, followed by the final Public Hearing on the budget on November 26, and then hold the second Budget Retreat on December -5 to consider comments from the Public Hearing. -Crosson stated that at the November 22 Retreat, they would discuss fund summaries of the major funds and begin discussing the general fund for as long as timewould allow. BEAVER WATER DISTRICT Director Coody asked City Manager Linebaugh why Beaver Water District decided to withdraw their request for. $175,000.00; to which Linebaugh responded"that they wanted to reconsider the item further. Mayor Vorsanger stated his opinion thattthey were trying to get all of the cities, including Springdale, Rogers and Bentonville involved. r SOLID WASTE RETREAT • Director Henry asked whether a ;Retreat had been planned for discussion on the 4 -County ,Solid Waste issue; to which Mayor Vorsanger responded that a meeting of the 4 Counties would be held on November 6 at 1:30 at ,the, Springdalei.City Administration Building. Vorsanger announced that he had been put in charge of tt kits" November 5, 1991 the by-laws; and a proposed draft of said by-laws would be presented at the November 6 meeting. VEGETATION MANAGEMENT COMMITTEE REOUIREMENTS Barbara Moorman addressed the Board asking whether the Board members were aware that they had waived the residency requirements on the Vegetation Management Advisory Committee since one of the members of the committee was not a Fayetteville resident. Director Henry stated that she had been quoted as stating her opinion that the residency requirement had been implicitly waived, as the applicant in question was the only applicant who met the expertise criteria, but she was not speaking for the Board when she made this statement. Moorman stated that the Vegetation Management Advisory Committee application specifically states that the applicant should be a resident of the City. The issue here as she sees it is with openness and disclosure of such matters by the Board. Director Blackston stated that the matter of residency was discussed by the Board at some point, and he was aware that this applicant was not a resident of Fayetteville. BUS ROUTES Director Nash reported a phone call from a resident living on West Huntsville Road, expressing his concern that bus routes do not cover this area. Director Nash requested that an inquiry be made regarding bus routes and to consider the possibility of a bus stop being added in the west part of town. Mayor Vorsanger stated that this issue should be taken up with Frank Scott. RESOURCE RECOVERY Director Henry addressed the privatization effort for resource recovery, stating that it is a policy issue in which the Board needs to decide whether or not to pursue a privatization effort versus a publicly owned process in order to keep expenses down. She encouraged the Board to speed up this process. City Manager Linebaugh stated that this would be addressed at the Solid Waste Workshop which was proposed to be held on Thursday, December 19. The agenda for the workshop was to review the different processes available from collection to disposal of solid waste. This was discussed at length with the 4 -County Solid Waste District; an interest was expressed in further education on the various systems available, such as the MRF station and recycling. November 5, 1991. PUBLIC ANNOUNCEMENTS Director Coody suggested that when City Manager Linebaugh makes public announcements in the newspapers, that a delineation be made about where the information is coming from, i.e., either from the City Manager's Office or the Board of Directors. He stated sometimes the statements are reported coming from "city officials" and he receives calls regarding statements in which he knows nothing about. City Manager Linebaugh .responded that the practice of printing "city officials" statements in newspapers is the wording of the newspapers, not his. AGENDA ITEMS Charles Moorman requested clarification on the procedure for requesting an item to be placed on the regular board meeting agendas. Mayor Vorsanger responded that the public can make such requests at the Agenda Sessions. • Mayor Vorsanger further explained that the same may be accomplished by contacting a Board member who can make the request on their behalf. ADJOURNMENT The Public Comment Session adjourned at 7:23 p.m. • 4 • MINUTES OF A MEETING OF TEE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, November 5, 1991 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Ann Henry, Dan Coody, Julie Nash, and Bob Blackston; City Manager Scott Linebaugh; City Attorney Jerry Rose; City Clerk Sherry Thomas; Acting Public Works Director Don Bunn; Director of Administrative Services Kevin Crosson; members of Staff, press and audience. ABSENT: CALL TO ORDER Director Shell Spivey. 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 oY 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. OLD BUSINESS Mayor vorsangsr explained °Old Business° as items that have been brought before the Board, but were tabled or no decision made to allow for further information to be presented. POLICE DEPARTMENT VEHICLE UNLOCKS Mayor Vorsanger introduced a request by Director Julie Nash that providing vehicle unlocks by the Police Department be brought back before the Board for consideration. Vorsanger further explained that this policy has been previously considered by the Board, but no changes were made. The Police Department continues to provide vehicle unlock service for citizens. Director Nash addressed the vehicle unlock issue, stating that although this service is a good public relations tool for the City, join November 5, 1991 gaga with the current police manpower problems, the Board should address the issue of putting another patrolman on the street. Director Blackston stated his opposition to the routine policy of Police Department vehicle unlock service for citizens in view of the police manpower problem, as well as using police officers for this service when they need to be doing what they were hired to do. Blackston further suggested the use of meter readers, for example, to perform this sort of work. - Director Coody stated that he believes the Police Department policy is to send only officers that are not involved in any other situation and that they further consider vehicle unlock calls as low priority. Director Henry stated that it currently takes 75% of one officer's time per year to answer these calls. Director Coody further stated that this service is good PR (public relations) for the Police Department. • City Manager Linebaugh explained one option would be to give a voluntary contribution envelope to recipients of the unlock service. These funds could be used to offset the cost of this program. Director Green stated that police officers should be used for their basic job description. The unlock policy is a secondary priority to police functions,.a safety measure, and good public relations and public service for the City. In addition, Green stated that the timing is bad coming off of increasing property taxes for the purpose of increasing police staffing, to turn right around and take back public services. Green suggested that they look for ways to streamline the service, and the use of voluntary donations is a good idea as long as it is not viewed as supplementary funds. • Director Henry stated that 3,961 citizens of :Fayetteville locked themselves out of their cars last year, and the City taxpayers funded this service. Less than 2% of the calls were emergency situations. She feels there should be a penalty to those who lock themselves out of their cars, such as paying for a locksmith. She stated her opposition to the voluntary donation idea as something that could be mistaken as bribery. Mayor Vorsanger expressed his concern that unlocks lead the list in all service calls for 1990. On the other hand, Vorsanger agreed with Director Green that the timing is bad for decreasing a public service on the heels -of-atax increase for the purpose of increasing police and fire protection. Vorsanger stated that he feels the service should be continued. -In. addition, Vorsanger stated his concern that by asking for services to be cut or added without a proper recommendation from the Police Department, the ""011 0 November 5, 1991 Charles Moorman, resident of Fayetteville, addressed the Board stating that anytime someone locks themselves out of their vehicle, it is an emergency to them, and the Board should not eliminate this service until they develop an alternative solution. Moorman suggested the use of an auxiliary citizen force for this task. Nash, seconded by Blackston, made a motion to discontinue the Police Department vehicle unlock policy, except in the case of emergencies, and to check into alternative solutions to continue this policy. Director Green stated that the City would expose itself to liability by using a volunteer citizen auxiliary force, and this option needs to be further explored. Assistant Police Chief Gerald Bradley addressed the Board stating his doubts that the management of an auxiliary force is feasible. Bradley stated that during the month of October there were 329 unlocks, which took 142 hours of officer time, or 26 minutes average including response time. Upon roll call, the motion failed by a vote of 3 to 3, with Vorsanger, Green, and Coody voting against the motion. NE1! BUSINESS 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 15, 1991 regular Board meeting. B. A resolution awarding Bid 91-58 for the Lake Fayetteville Softball Complex Parking Lot Project to the low bidder, McClinton -Anchor, for $42,851.00. Staff recommends awarding the bid for this project that is budgeted as a CIP project. RESOLUTION 194-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOM C. Removed from Consent Agenda. D. A resolution approving the reinstatement of 5 residential solid waste truck driver positions for 1991 and approval of a budget adjustment to cover salaries and wages for the remainder of 1991. 3E November 5, 1991. Staff recommends approval of the additional drivers and the budget adjustment. The Solid Waste Division labor force was cut to the present staffing level, but experience has proven that this level is insufficient to provide the City with twice -a -week pickup as well as providing backdoor service to approximately 31% of the residential customers. RESOLUTION 195-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E . A resolution approving an agreement with the Economic Opportunity Agency (EOA) to conduct housing development activities as a CDBG subrecipient in the amount of $50,000. This agreement with EOA authorizes their Housing Division to conduct acquisition, clearance, and disposition activities associated with acquiring vacant lots, clearing the lot, and building a home for purchase by a low to moderate income family. RESOLUTION 196-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK F. A resolution awarding Bid 91-50 to the low bidder, Patterson Dental, for dental equipment for the Northwest Arkansas Health Center, which is funded by the Community Development Block Grant in the amount of $21,065.85. The City Board approved allocating $27,400 for this equipment in November, 1990 as part of the CDBG Statement of Activities. The Board is now being asked to approve the bid award for this equipment. RESOLUTION 197-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK G . A resolution approving Change Order 13 for the Walton. Arts Center which reinstates the painting, acoustical walls and ceiling, 6 additional water closets, plywood backing in gallery, and additional,stage drapes for a total amount of $438,430.51. Staff recommends approving this changetorder which will be funded from the University of Arkansas Contingency Fund Account. +. fi .. RESOLUTION 198-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR t ' H . A resolution awarding Bid 91-13 to the low bidder, Sun Data, Inc., in the amount of $24,159 to upgrade the Police Department's System 36 Computer. November 5, 1991 Staff recommends awarding the bid for the upgrade which will add 2 megs of memory, 716 megs of storage, 6 additional ports, and 4 communication lines. RESOLUTION 199-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK I. A resolution awarding Bid 91-52 in the amount of $3,300 to Bob Spears, $11,496 to Williams Ford Tractor, and $30,000 to Webbs, Inc., for hay harvesting equipment. Staff recommends awarding the bid. J. A resolution approving a contract amendment with RJN Associates in the amount of $61,929 for the Illinois River Sewer System Study for additional monitoring and televising. Staff recommends approving the contract amendment which is required because 7 additional flow meters were required due to actual field conditions. The original contract was based on an estimate that 5% of the area would require television inspection. However, a larger number of defects were located, and approximately 8% of the area will require televising. RESOLUTION 200-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK K. A resolution approving a contract with RJN and Associates for Phase II of the Illinois River Sever System Study in the amount of $337,692. Staff recommends approving this contract for Phase II which will include testing and monitoring of Mini -systems 1, 3, and 7. Phase I included Mini -systems 4, 8, 11, and 12. RESOLUTION 201-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK L. A resolution approving an extension of the present contract with Fayetteville Open Channel for the administration of the Public Access Channel on Warner Cable through March 31, 1992. The 1991 cost of the contract is $9,375, and the 1992 amount is $9,750. The 1992 amount is contingent upon adoption of the 1992 budget that provides for funding a Public Access Channel. Green, seconded by Coody, made a motion to approve the Consent Agenda, with the exception of Item "I" and "L". Upon roll call, the motion was passed by a vote of 6 to 0. 53f36 November 5, 1991..; ITEM "I" Mayor Vorsanger reintroduced a resolution awarding Bid 91-52 in the amount of $3,300 to Bob Spears, $11,496 to Williams Ford Tractor, and $30,000 to Webb's, Inc., for hay harvesting equipment. Director Coody stated that he was advised at the Agenda Session that this equipment was included on the original list of equipment for $274,000 approved several months ago. Coody stated that he did not recollect the $30,000 equipmentstorage unit, and in reviewing the original list of equipment discovered that none of the equipment was included, and asked for further verification. Henry Huffman addressed Director Coody's question stating that all the equipment at issue was included on the initial budgeted amount. A portion of the equipment had not yet been purchased in order to further evaluate the necessity and priority of the equipment the results of said evaluation being that the herein proposed equipment is the most needed. The equipment being purchased at this time has been determined to be needed for the hay harvesting operation: In response to Mayor Vorsanger's question, Huffman stated that this year's operation was a tremendous success with harvested hay at a value of $92,700, $21,000 in harvesting expenses, for a total profit of $71,700. He estimated that at this rate, they will be able to pay for all the needed equipment in 3.5 years instead of the 4.2 years that was anticipated. In addition, Huffman expects future harvests to be better quality and quantity of hay with the use of supplemental nutrients. Henry, seconded by Coody, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to 0. RESOLUTION 202-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR ITEM "L" Mayor Vorsanger reintroduced a resolution approving an extension of the present contract with Fayetteville Open Channel for the administration of the Public Access Channel on Warner Cable through March 31, 1992. Director Coody stated that some representatives from Open Channel had requested that he pull this item from the Consent Agenda for further discussion. 1 Marian Orton, representing the Fayetteville. Open Channel Board, addressed the Board stating that although she didn't request that the item be pulled from the Consent Agenda, she urged the Board to approve the resolution as an interim contract will allow additional time to work out a permanent contract. ai' 367 November 5, 1991 Richard Drake, representing the Fayetteville Open Channel Board addressed the Board stating that there is a question whether the money allowed in this interim contract is sufficient to support Open Channel. City Manager Linebaugh responded that this is the same amount of money that appeared in the previous contract, and Fayetteville Open Channel Board approved the same. Linebaugh further explained that the $9,750 is for the remainder of '91 through March 31, 1992. He explained that Open Channel has a surplus of approximately $35,000 for the operational year of 1991, and their Board has agreed to put $20,000 back into 1992 operations. Joe Robson, member of the Fayetteville Open Channel Board, addressed the Board stating that up until November, 1991 they were collecting a 3% franchise fee from Warner Cable, and they are now collecting 5%. While the City is collecting a franchise fee that has developed approximately $250,000 per year, Fayetteville open Channel's budget instead of realizing an increase in operating budget, is being slashed in half. With average expenses of $6,451.00 per month, this leaves the Open Channel for the next several months with an amount of money that will not even pay salaries. The majority of the production crew for Fayetteville Open Channel, with the exception of two employees, are all volunteers. In conclusion, Robson requested that the amount of money remain the same if another interim agreement is to be entered into. Director Henry asked Robson if he was requesting an amendment to the contract to go with the dissenting members of the Open Channel Board as opposed to the majority, to which Robson responded that the interim agreement was presented to the Open Channel Board members on the night of the Board meeting, and the same was approved as it contained no stipulations. Robson concluded by requesting that the Open Channel budget continue at $6,250.00 per month, in order to buy needed equipment and hire a full-time manager to develop future service. Joe Robson responded to Director Henry stating that the FOC Board and Warner Cable Board have never met to work on a solution. Robson further stated as a direct result of the budget being cut by $3,000, the City Board under the terms of the interim contract could terminate said contract if for example, the FOC was unable to pay the insurance premium on the equipment. City Manager Linebaugh stated that the amount of money being discussed is the same amount of money that they had allowing them funding to hire a director. Linebaugh explained that whenever an organization has a surplus that not using, the City Staff will not recommend funding at level. that is in 1990, further they are the same 3€ November 5, 1991. Shea Crain, Cable Administrator, verified that the increase to 5% for franchise tax occurred in November 1990. Crain also stated that the equipment located at Fayetteville Open Channel is owned by Warner Cable, not the City of Fayetteville, as indicated by Robson. In addition, she clarified that the contract approved by the FOC and Cable Boards was provided to the Board members one week prior to the Open Channel Board meeting. Nash, seconded by Coody, made a motion to table this item until the next Regular Board meeting to allow the FOC and Cable Boards time to meet and work out a compromise. Kevin Crosson stated that the Cable Board had requested that this contract be approved to allow them until March 31, 1992 to explore alternatives and come up with a permanent contract. Upon roll call, the motion to table failed by a vote of 2 to 4, with Directors Vorsanger, Green, Blackston, and Henry voting against the motion. Green, seconded by Henry, made a motion to approve the contrac. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 203-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK PEG CHANNELS Mayor Vorsanger introduced a resolution approving governing the use of the dormant ',PEG,' channels by the cable operator. City Manager Linebaugh stated that the Cable Board approved the regulations at their September 12 meeting. The recommended regulations state that the channels would have to remain dormant for 12 consecutive months after December 31, 1992, before Warner could make application to the Cable Board for use of the channels. In addition, Warner would have had to (1) reach the limits of their channel capacity, and (2) completed all requirements relating to access as specified in the franchise agreement. Staff recommends approving the regulations. John Watkins, member of the adhoc Cable Committee, addressed the Board stating that he was involved in the, negotiations of the present franchise with Warner Cable. This regulation is required by federal law providing rules and regulations regarding cable operators use of PEG (Public -Educational -Governmental) channels that are unused for that purpose - the policy behind the Cable Act is that the unused channels can be used by cable operators to provide additional programming services until the channels are used for PEG purposes Watkins went on to, explain that it was up to local franchising authority to decide which regulations to adopt and to develop rules for the use of these channels. Watkins stated r 0.3 t3 9 November 5, 1991 that the memo prepared by him and presented to the Board members sets out the sequence of events that indicate how they got to the point they are at now. Mayor Vorsanger inquired as to the one year (12 month) rule that becomes effective in December 1992, if for a year following that there is no activity in the Government Channel, for example, then that channel would return to Warner Cable. John Watkins responded that in essence there are two years from now to give the City the opportunity to develop the PEG channels available, as these channels were not available under the terms of the franchise agreement until September 1991. Watkins stated that the regulations were drafted to provide for a safeguard of the PEG channels. Watkins further explained that Warner Cable has a 60 channel system, and he doesn't believe they are anywhere close to using all of these channels. In response to Director Henry's inquiry, Watkins explained that in 1987 he was appointed to chair a citizen's task force to investigate cable television service in Fayetteville, and both task force groups recommended the creation of a permanent Cable Board, primarily to oversee Warner Cable's activities and to advise the City on cable -related issues. The ad hoc group that grew out of that 1987 group stayed together to work out details of getting the franchise implemented in November 1990. The decision was made to add the administration and oversight of the PEG channels to the Cable Board, as PEG took a great deal of ad hoc Committee time. Watkins was commended by City Manager Linebaugh and Mayor Vorsanger for his four years of hard work on the Cable Board. Green, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to O. RESOLUTION 204-91 APPEARS ON PAGE 07 ORDINANCE AND RESOLUTION BOOK PUBLIC NEARING Mayor vorsangsr introduced a public hearing to hear requests for activities to be conducted with the 1992 Community Development Block Grant City Manager Linebaugh explained that the first public hearing was held on October 24 at Jefferson School, and this will be the second hearing to receive public input on possible activities. The anticipated 1992 budget is $450,000, plus $62,850 reallocated from 1991, for a total of $512,850. Staff will develop final recommendations for presentation to the Board at the November 19 November 5, 1991' fi City Board meeting based on the results of,these hearings, citizen input, and requests from community service agencies. Linebaugh outlined the preliminary activity allocations as follows: Residential Rehabilitation $175,000 Public Improvements 190,850 Parks & Recreation 55,000 EOA Weatherization 10,000 Administration 42,646 Cost Allocation 14,354 Public Services: Elderly Taxi Program Cooperative Emergency Outreach* TOTAL 10,000 15.000 $512.850 *Eligibility of this request is being reviewed by HUD. Director Henry explained that "CDBG" (Community Development Block Grant) is federal monies given by Housing & Urban Development which fall under strict use guidelines. - Jan Simco, CDBG Director, addressed the Board explaining that this preliminary budget is based on requests received, and the listed items are ongoing projects with the exception of Cooperative Emergency Outreach, which is currently being evaluated by HUD for eligibility due to their church affiliation. Mayor Vorsanger requested verification of Simco's statement that 1992 will have a "new target area", to which Simco responded that the Dickson Street Downtown area had been targeted in order to have a greater impact in a particular area. Simco continued that the next appropriate step was to move into southeast Fayetteville, including the area between North Spring Street, East Willow Street, and South School Street, and downtown with the majority of residents requesting aid in housing development. Simco reported from the public hearing, requests such as more street and traffic lights, street improvements, storm drainage, etc., were presented. Simco responded to Mayor Vorsanger's inquiry stating that the new target area included Walker Park, and therefore would extend to South School Street. Mayor Vorsanger inquired about the proposed Community Center. Simco responded that this was mentioned and discussed at the public hearing and is a project being researched for the future. Simco further described this project as a Community Center to house the Health Center. 311 November 5, 1991 Kathleen Randall, Director of EOA, addressed the Board stating that they are requesting $10,000 for their weatherization program which is funded by the Department of Energy. The money will be used to match the DOE funds, and a portion of the money is being proposed for replacement of unvented space heaters, due to the hazards involved. Jerome Yates, Dinsmore Trail, addressed the Board stating that his street is unpaved. When the area was annexed by the City 15 to 20 years ago, their neighborhood had thought that it would be paved. On behalf of the residents of Dinsmore Trail, Gates requested consideration for public improvement monies to pave Dinsmore Trail. Crosson stated that he believed Dinsmore Trail was included in the "Chip and Seal" program sometime before 1984, and he would verify this information and report to Mr. Yates. Lois Stratton, Dinsmore Trail, addressed the Board stating that there is a low water bridge on their street, one-tenth of a mile from the highway, and during heavy rains residents of the area are stranded. • Mayor Vorsanger asked Ms. Simco whether there were public improvement funds available for this type of bridge work, to which Simco responded that the location had to be in the target area. Vorsanger requested that these repairs be explored as part of the capital improvement program. Sister Mary Adams, President of the Board of Cooperative Emergency Outreach, addressed the Board stating that they are a tax exempt corporation and although their cooperative is formed and volunteers come from the churches, no one is denied service because of their religion or beliefs. This program would provide food, utility assistance, prescription drugs, credit vouchers for clothing and furniture, housing assistance, transportation assistance, as well as addressing the needs of on-going education towards selfreliance. Sister Adams reported that the service has provided over $75,000 in services to the citizens of Fayetteville in less than one year of service, and the $15,000 would allow them to hire a full time director in order to promote their services and develop the on- going education program. Director Green asked whether the available funds would qualify if they were to be used for administrator salaries, to which Ms. Simco replied that they would qualify for private, non-profit organizations. The Director of Elderly Services & Nutrition Program in Washington County addressed the Board stating that they work for the Council on Aging in Fayetteville. The City of Fayetteville provides them with their building for the Sang Senior Activities Center where • November 5, 1991-` they provide socialization during the day and houses the central kitchen that prepares all noon meals for over 400 citizens of Washington County. He stated,that the tile in the building is in poor condition and requested consideration for Block Grant monies to replace 4000 square feet of tile at an estimated $11,730.00. Connie Edmonston, representative of the Parks & Recreation Division, addressed the Board on behalf of the Parks Staff and Parks & Recreation Advisory Board requesting that funding be provided for Walker Park North. An acre of land was deeded to the Park from Sara & Brian Walker with the stipulation that it would be developed as a Senior Citizen's Park and Handicapped Park. Edmonston reported that Community Development funded $25,000 last year to begin development, an additional $20,000 is needed to finish development, which would include a gazebo, picnic tables and =paths. Edmonston announced that their second project was for Finger Park to build a rest room and a water fountain for $35,000. Ms. Edmonston reported that Dale Clark remains in intensive care at Springdale Memorial Hospital after suffering a heart attack. Mayor Vorsanger called this part of the meeting closed and requested that City Manager Linebaugh and Jan Simco proceed in preparing the final budget for presentation to the Board on November 19. REZONE II Mayor Vorsanger introduced an ordinance rezoning property located on the southeast corner of Mountain Street and School Avenue from C-2, Thoroughfare Commercial, to R -O, Residential Office, as requested by Donald and Kathleen Wilson. The Planning Commission voted unanimously to rezone the property to R-2, Medium Density Residential, rather than either one of the zonings the owner had requested. The Wilsons agreed with the zoning as it would allow them to construct a triplex. The ordinance was read for the first time. Henry, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Coody, seconded by Henry, 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 6 to 0. The ordinance was read for the third and final time. Upon roll call ORDINANCE 3576 BOOR X X d I , the motion'passed by a vote of 6 to 0. 4 APPEARS ON•PAGE 5t' • OF ORDINANCE AND RESOLUTION November 5, 1991 STREET MANE CHANGE xayor Vorsanger introduced a resolution changing the street names from Stearns and Joyce Streets to Joyce Boulevard City Manager Linebaugh stated that Staff recommends approving the name change because of the many complaints the City has received about not being able to locate Joyce Street from College Avenue when trying to find Butterfield Trail Village and from other residences in that area. The only signs the City was allowed to install on College read "to Joyce St." but are so small they have proven to be ineffective. Linebaugh further stated that there have been two citizens opposing this name change due to the change of address for a business; however, the majority of comments have been in favor of the name change. Blackston, resolution. to 0. seconded by Henry, made a motion to approve the Upon roll call, the resolution passed by a vote of 6 RESOLUTION 205-91 APPEARS ON PAGE 800! PASSENGER FACILITY CHARGE OF ORDINANCE AND RESOLUTION Mayor Vorsanger introduced an ordinance to initiate the application process for adopting a Passenger Facility Charge not to exceed $3.00 per passenger boarding at the Fayetteville Airport to be used for approved projects. The ordinance was read for the first time. Blackston, seconded by Henry, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Blackston, seconded by Coody, 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 6 to 0. The ordinance was read for the third and final time. City Manager Linebaugh explained that Congress recently approved the right for a governing body to levy a user fee for the airport(s) under their control. The use of funds is limited to matches on federal grants and AIP project eligibility criteria and cannot be used for operational and maintenance expenses. The program application is very lengthy and complex and is due in September of 1992, and the Airport Board and Staff are recommending Board approval at this time to allow necessary time to initiate the application process. Linebaugh further verified that the decision on whether to charge $1, $2 or $3 will be for the Board of Directors to make. In addition, if the City of Fayetteville does • • November,5; 1991. not make an application for this. program,. then theywill not be entitled to any funds collected elsewhere. Upon roll call, the motion passed by a vote of 6 to 0. ORDINANCE 3577 APPEARS ON PAGE -54 BOOK XXVI AIRPORT MASTER PLAN UPDATE OF ORDINANCE AND RESOLUTION • Mayor vorsanger introduced a resolution approving the final draft of the Master Plan Update. The Airport Board approved the plan at their October 3rd meeting. A public presentation of the plan was done in April, and no negative comments were received. Copies of the plan were provided to the City Board and Airport Board, and a copy is available for inspection in the City Clerk's office. City Manager Linebaugh further stated that the plan has two parts - one if there is a regional airport and one if there isn't a regional airport. Green, seconded resolution. Upon to 0. by Blackston, made a motion to approve the roll call, the resolution passed by a vote of 6 RESOLUTION 208-91 APPEARS ON PAGE BOOK SMOKING POLICY OF ORDINANCE AND RESOLUTION Mayor vorsanger introduced a resolution adopting a "No -Smoking" Policy for all City owned facilities. City Manager Linebaugh stated that Staff recommends prohibiting smoking in City buildings, facilities, and vehicles whenever these areas are designated "No Smoking" areas, and allowing each department director to designate specific smoking areas. From the 343 of the 426 surveys returned, 61.5% of the employees responded to the survey stating they felt there should be designated smoking areas. Linebaugh further explained that there were two proposed policies: Policy "A" the smoking policy which would allow each building to decide on a smoking policy and designated smoking area, and Policy "B" the non-smoking policy, which totally prohibits smoking. Henry, "A". seconded by Blackston, made a motion, to adopt resolution • Director Coody stated his support for designated smoking areas. • November 5, 1991 Director Henry stated her concern that taxpayers should not be asked to subsidize programs for employees who desire to stop smoking if the City adopts Exhibit "A". In the alternative, she suggested that the City provide incentives to those employees who desire to quit smoking, such as providing a lower insurance premium to non-smokers. Crosson stated that Staff recommendation was that if the Board chooses to go with total prohibition of smoking in City buildings, that they fund stop smoking programs at $60 per employee. Crosson further stated that they would generally provide a Safety Program at no cost, into which stop smoking programs were incorporated. Mayor Vorsanger inquired as to the absence of a chewing/dipping tobacco policy included in the Exhibit "A" policy and requested that this be added to Policy "A". City Manager Linebaugh stated that Staff would have no objection to changing the name of the policy to "tobacco use" policy. Director Coody explained that department directors can designate smoking areas, and if the majority of the employees find that the smoking area isn't performing adequately, then they can vote to have a non-smoking facility. Director Nash asked if Exhibit "A" would apply to the Airport and provide a indoor smoking area, to which Linebaugh responded that they can make their own rules. Director Green stated that this Airport policy is now unclear since the Airport had been previously denoted as a non-smoking facility. Green stated that the Board may be getting themselves into a complicated process in trying to keep designated smoking areas from contaminating other areas. Air systems designed to keep return air separated are extremely expensive and complicated, and the airport is an example of a building with a central air handling unit. Green further explained that not all the buildings will be suitable for a designated smoking area, and the City should not have to pay for modifying air systems in the buildings to accommodate the segregated smoking areas from non-smoking areas, and Green believes that this will eventually lead to totally smoke free buildings. Director Blackston stated that he agrees with Plan "A" as a compromise, but agreed with Director Green that it will be difficult if not impossible to segregate smokers from non-smokers. Director Green stated that this could become an administrative nightmare in trying to police and enforce this policy and solve disputes between smokers and non-smokers. In view of that and from a practical standpoint, Green suggested that the Board adopt a "No Smoking" policy in any City buildings at this time. Green also November .5,..19.91,i)x44 offered an alternative to try Plaria"A" on a three month trial basis to evaluate whether this is a workable solution. Green, seconded by Coody/ made a motion to amend Plan "A" to be tried on a three month trial basis. Director Coody reported ona City employee suggestion that the City should set a target date of six months to achieve a smoke-free environment with the use of smoking cessation programs. Director Henry stated that Plan "A" is indirectly allowing the employees in the various departments to work out their own policy. Upon roll call, the motion to amend Plan "A" to be a three-month trial failed 3 to 3, with Directors Vorsanger, Blackston, and Henry voting no. Charles Moorman addressed the Board in agreement with Director Henry that each department will work out their own policies,- and therefore, he supports the proposed Plan "A". Upon roll call, the resolution to regulate smoking as set out in 'Exhibit "A", including a reference to no-chewing/dipping, passed by a vote of 6 to 0. RESOLUTION 206-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ACCESS EASEMENT Mayor Vorsanger introduced a resolution granting an access easement across city owned property adjoining Lot 48 of the Clear Creek Acres Subdivision as requested by the property owners. City Manager Linebaugh explained that the owners thought the property belonged to them, and their driveway goes across the city owned property. However, the new purchaser of the property discovered this error and is seeking an access easement which will enable him to have legal access across the land for the driveway. Staff has reviewed this easement and recommends granting access. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to O. RESOLUTION 207-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK :;11 co 1 November 5, 1991 REGIONAL AIRPORT Mayor Vorsanger introduced this item as a request by J.E. Springborn to address the Board regarding the proposed Regional Airport. J.E. Springborn addressed the Board stating that he sees a problem with the procedure in evaluating the prospect for a Regional Airport. Springborn stated that he had previously proposed that the City undertake for its own account, an environmental assessment of the area for a potential airport site, as this is a normal and routine procedure for undertaking something of this magnitude that could have an adverse impact on residents in a two county area. Springborn reminded the Board that Bill Martin, Dan Ferritor, and Johnny Quinn all agreed with Springborn that an environmental assessment was necessary, thereafter requesting that this item be tabled to allow for acceleration of an environmental assessment. The Financial Feasibility Study has now been completed, and it does not include an environmental assessment; therefore, Springborn feels that this assessment is still lacking. Springborn expressed his concern that an environmental study be done but in connection with the site selection. Once site selection has been made, there is potential for polarizing the communities in that region. In addition, Springborn stated that as a member of the Citizens Advisory Council, he sat with people whose only contact was with the consulting firm, and had no access to the Regional Airport Authority and no contact with the FAA and the N.W.A. Council. In closing, Springborn requested that the City Board remove this item from the table, and take it under reconsideration, and propose an environmental assessment by a competent consultant of the potential noise impact on the area from Bella Vista to West Fork, with emphasis on the area that would impact Fayetteville. In addition, Springborn suggested that the City Staff collect three bids for this consulting work and taking the matter up for final action at the next meeting. Coody, seconded by Nash, made a item off the table for further motion failed by a vote of 3 to and Henry voting no. motion to take the Regional Airport consideration. Upon roll call, the 3, with Directors Vorsanger, Green, Mayor Vorsanger asked for clarification from Springborn on what he was proposing, to which Springborn stated that he was further defining his original proposal to have an environmental assessment of the area undertaken by a consultant for the City's account, to have the City Staff collect bids for this work, and to defer a final decision on this until the next meeting. Director Henry stated that she has a problem with Fayetteville funding a study from Bella Vista to West Fork. In addition, Henry stated that she still has confidence that an environmental impact study will be done on a potential site. .,November 5,'149l. , Springborn responded that he would have no objection to asking the cities of Springdale and Rogers and.the,County to share in the cost of an assessment, which he believes would be affordable in order to protect Fayetteville. Springborn further stated that the FAA is not overly responsive to residential complaints. Director Green asked for verification of what the results of this environmental assessment would actually• have on the Regional Airport Authority, as the City has no veto power with the Authority. Springborn responded that an environmental assessment would provide an expert opinion on.the impact of noise pollution to residential areas. Director Green stated that this study should be part of the site selection criteria, to which Springborn responded that these studies will be under FAA guidelines, and they will dictate the extent of the environmental work. Bill Martin, member of the N.W.A. Regional Airport Authority', addressed the Board stating that he can't stress enough the importance of proper attention to the environment in proceeding with a project such as the Regional Airport, and that this Airport not be contrary to Fayetteville's desire for environmental quality in this part of the country. The environmental screen used in the first element of this project was necessarily broad screen as no one at that time knew what kind of profile the new airport would have. Once the Financial Feasibility Study was done, it was decided that air cargo would be a minor part of the airport. Therefore, a detailed noise study in the beginning would have been a waste of money. Martin stated that the identification of two sites will precede a detailed noise study, and he is convinced that the study of the environmental impact of this project is going to be thorough or the citizens and leaders of Fayetteville will not accept it. Director Coody asked if the environmental impact study could be done after site selection and before the master plan is developed. Martin responded that there is a detailed project scheduling program which shows that environmental questions will be addressed. He stated that he would provide the Board with a copy of that schedule. Director Coody referred to an article in the Wall Street Journal regarding airport expansions across the country, stating that they need to be aware of all information available from around the country. In addition, Coody questioned the feasibility study which stated that there would be one cargo and two passenger flights per day for a $261 million airport, and questioned whether this was financially feasible. November 5, 1991 Martin responded that he believes there would be more like a dozen passenger flights per day, and stated that he would provide the Board with the accurate information which could be debated at that time. Director Coody questioned why it was originally stated that cargo revenues would be used to pay for the passenger terminal and how this concept has been turned around. Martin responded that as the study has unfolded, the results have been different from those originally predicted, but the financial feasibility rests on three legs: air cargo, passenger, and aircraft maintenance. Johnny Quinn, representative of McClelland Consulting Engineers, addressed the Board stating that he apparently left the wrong impression with Mr. Springborn and perhaps the Board and public with respect to his position on the issue of environmental assessment. Quinn stated that his firm will only assist in the environmental impact statement as this is not in their expertise,. Quinn explained that FAA policy is that where there is no existing facility, they will not perform an initial environmental assessment because they know with certainty that they will require the more detailed, full and complete environmental impact statement before they will sign off on the project. The FAA will not invest the government's money in the later elements of the project until financial feasibility is accomplished. Quinn verified that McClellan will do certain parts of the environmental impact statement in the site selection element. The FAA states that an environmental impact statement is site specific. In closing, Quinn stated that he feels confident that the four element approach will protect the environment in N.W. Arkansas, which is scheduled for completion in late summer or early fall of 1992. Director Henry inquired and Quinn responded that there are public meetings held throughout the process with at least one required public hearing. In addition, the public is invited to attend and speak at any of the progress reports and Regional Airport Authority meetings. Director Coody inquired and Quinn responded that he believes that the number of cargo flights was an average of ten per week and the number of passenger flights was at least a dozen per day. In fact, he believes that a conservative approach was taken in the flight projections. Director Coody requested a copy of the Feasibility Study. J.E. Springborn responded to John Quinn's statement that an EIS is site specific by stating that they are also site restrictive, dealing with the immediate area and not address the noise factor in ,November 5, 19914« surrounding communities. Therefore, it would be a good idea for the communities along the strip to perform their own assessments. Charles Moorman stated Mr. Quinn was right in his explanation of an EIS. However, he agreed with Mr. Springborn in that he felt it would be a good idea of the cities along the strip (West Fork to Bella Vista) might do their own studies. Barbara Moorman stated that an Environmental Assessment is done to determine if a project will have a major impact on the environment, and the reason that an EA is not required in this case is that it has already been determined that this project will have a major impact by the very nature of the project. He further stated that an Environmental Impact Statement is simply a close look at the environmental ramifications of a particular project and is no guarantee that the environment will be protected. ADJOURNMENT The meeting adjourned at 10:30 p.m. st t.t • • a Y • • 3 • •