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HomeMy WebLinkAbout1991-11-19 Minutes• • MINUTES OF PUBLIC COMMENT,8E88ION An open Public Forum on November 19, 1991 City Administration Arkansas. meeting--was:held with the Board of Directors at 7:O0 p.m.'in the Board of Directors Room, Building, .113. West Mountain, Fayetteville, 5 t• ., ,Y r e. Mayor Vorsanger. addressed the public explaining that 30 minutes has been set aside prior to therregular Board Meeting for discussion of non -agenda items.f Mayor Vorsanger announced that a groupof students from Fayetteville High School Civics class and from the University of Arkansas were present as class assignments; and he invited them to make comments if they so desired. LAKE SEOUOYAH George Blackwell addressed the Board with regard to the Lake Sequoyah area and requested the west side below the spillway be cleaned up as well as add picnic tables to the area. Director Bob Blackston stated that he has spent time this past year trying to get Lake Sequoyah cleaned up, including a public effort to clean up around the boat dock area and dock repairs. Blackston reported that Dale Clark joined his efforts to install a gate adjacent to the old pump station that would be closed at sunset and open at sunrise to prevent dumping of garbage. Sheriff McKee sent a work force in August to clean-up the south side of the spillway ands other areas that could be cleaned. City trucks hauled truckloads of trash away. Director Blackston stated he was sure there were some missed areas, but he believes the City has put forth a tremendous effort on this project, and has made vast improvements. Director Blackston asked Mr. Blackwell if he had been to the site since it had been cleaned up. George Blackwell stated he had not. He also suggested a more economical approach would be to have the Fire Department burn the trash on site. TRAFFIC LIGHT REOUESTS Mayor Vorsanger addressed City Staff stating that he is still receiving numerous calls regarding the installation of a traffic light at the Wilson Inn. Citizens are complaining about not being able to get out on the road during rush hour. Kevin Crosson, Administrative Services Director, responded that they would need to contact the State Highway Department as this is a state highway. 381 November 19, 1991 Director Spivey stated that another bad intersection was Hwy. 265 and Township, and he asked for verification that a traffic light is scheduled to be installed in March 1992. In addition, Spivey was requested they look into and report on the scheduled installation of traffic lights at the intersections of Hwy. 265 and Hwy. 16, as well as Hwy. 265 and Old Wire Road. - AGENDA SESSIONS Director Coody requested that the Agenda Sessions be video-taped as there are no minutes or record of these meetings to which Crosson responded that this can be done. PUBLIC COMMENT SESSIONS Director Coody suggested that the Public Comment Sessions be held once a month due to lack of public attendance. Mayor Vorsanger stated that consensus was to hold the Public Comment Sessions only once a month therefore, he suggested that they give it a try at the second meeting of the month. Director Henry suggested holding formal public meetings at one of the schools, in lieu of the Public Comment Sessions. Mayor Vorsanger responded that they could have four public hearings per year at schools in each of the Wards. ADJOURNMENT The Public Comment Session adjourned at 7:20 p.m. t • MINUTES OF A MEETING OP.THE CITY„ BOARD, OF DIRECTORS 1 A regular meeting of the FayettevilleCity:Board of Directors was held on Tuesday, November 19 „ 1991 at 7:30 p.m. in the Directors' Room of the City Administration Building -rat' 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Ann Henry, Julie Nash, Dan Coody, Shell Spivey, and Bob Blackston 'City Manager Scott Linebaugh; City Attorney Jerry Rose; City Clerk Sherry Thomas; Acting Planning Management Director Freeman Wood; Acting Public Works Director Don Bunn; Director of Administrative Services Kevin Crosson; members of Staff, press and audience. In addition, Mayor Vorsanger welcomed the students from a high school government class and students from the. University of Arkansas. CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed commentson 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 same issue. VOLUNTEER CITY OF THE YEAR Mayor Vorsanger reported that the City of Fayetteville has been honored for the second year in a row as 1991 "Volunteer Community of the Year." Vorsanger made a special presentation to City Manager Linebaugh, representing the City, and to Lois Day, representing volunteers from the City, of the award plaque presented by the Arkansas Municipal League. REPORT TO THE PUBLIC A report to the public and Board is presented by the City Manager at the second Board meeting of each month. This report, for the month of October, includes financial information, an update on staff activities, and items of general interest. The Arts Center Council will give their annual report to the Board. • • November 19, 1991 FINANCIAL INFORMATION City Manager Scott Linebaugh reported that at the end of October the balance sheet revealed assets of $186 million liabilities of $34.5 million with a fund balance of $152 million. For the period ending October 31, there were total revenues of $42 million and expenditures of $43 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 capital improvement bond funds received in previous years and spent in the current year. ANIMAL SHELTER City Manager Linebaugh reported an adoption rate of 39% during the month of October at the Animal Shelter with a year-to-date of 25%, an increase of 3% from last year. Linebaugh stated that the Animal Shelter is a cooperative effort between the City and the Humane Society and encouraged visitors to the new shelter. TREE GRANT City Manager Linebaugh reported that the City has received a $28,800.00 Fulbright Expressway Tree Grant as a result from the efforts of the Fayetteville Vision Program. The grant will enable the planting of 375 trees along Hwy. 71 By-pass and Linebaugh explained that the trees would be planted at sites of existing or proposed residential development as a noise buffer, as well as for visual screening. BUDGET HEARING City Manager Linebaugh announced that the Budget Retreat for the 1992 budget will be on Friday, November 22, 1991 followed by a Public Hearing on Tuesday, November 26, 1991 at 7:00 p me in the Directors' Room. Linebaugh stated that this is the third Public Hearing on the budget and all interested citizens are invited to attend to express their views on the budget items and possibly recommend alternatives. Copies of the budget are available at the Public Library and City Clerk's Office. SNOW/ICE REMOVAL City Manager Linebaugh read the priority list for snow/ice removal as follows: Priority #1 - major arterial streets that provide access to Fire Stations, Police Stations, Hospitals, Nursing Homes and Ambulance Services; Priority #2 - collector streets that access schools, day care centers and industrial plants; and Priority #3 - local streets. City Manager Linebaugh stated that there are maps setting out these routes available at the Street Division, as well MC 38 • November 19"1991 \as maps pertaining to Razorback Transit and/Fayetteville Public School Bus System during inclement weather. PUBLIC LIBRARY City Manager Linebaugh reported that the'Library renovation is 60% complete with completion projected for May .1992. -The construction contract is for $414,000.00` with the total'project_estimated to cost $800,000.00. VISIONS REPORT City Manager Linebaugh reported that Staff has finished the Visions'. Report which is divided into two major sections: Executive Summary and Detail Section. Staff put dollar amounts to the recommendations and commented•on the same. The report is being reviewed by the Planning Commission who will be presenting a recommendation to the City Board in the near future. ARTS COUNCIL REPORT Bill Mitchell addressed the Board with the annual report from the Walton Arts Center and Arts Center Council and gave a slide presentation showing the different stages of the Walton Arts Center project, from 1986 into the future. Mitchell stated that the process of expanding the Walton Arts Council throughout Northwest Arkansas, including fund raising efforts in Eureka Springs, Siloam Springs, Bella Vista, .Bentonville, Rogers,. Springdale and Fayetteville, has been a long and involved process of building friends. Mitchell reported that .the $5 million investment by the City of Fayetteville in 1986, combined with the $5 million investment by the University of Arkansas was the initial funding for the Arts Center. The $5.15 million collected through fund raising and the additional $2 million they anticipate raising by April 1, 1992 will create an arts complex to be proud of. The Council anticipates having doubled the Foundation funds set aside in 1986 as a $3 million joint endowment, and they have reason to believe that by the time they open their doors, the endowment, in addition to paying for the physical plant, will reach or exceed $6 million for long term maintenance of the facility and for program subsidy. Mitchell introduced Sonya Decker, Lee Williams, and Frank Sharp, members of the Arts Center Council and commended them for their tireless work on the Walton Arts Center. In addition, Mitchell introduced Staff members Sue Jones-Cearley, Anita Scism, and Bob Kelley. In closing, Mitchell presented the City Board members with packets containing the annual audit and program reports of the Walton Arts Center. g, • 1 V V v November 19, 1991 PUBLIC HEARING Mayor Vorsanger reiterated City Manager Linebaugh's previous comments stating that the newspaper published in error that a Public Hearing on the budget was to be held tonight. Vorsanger reported that the public hearing is scheduled for November 26, 1991, following a Board Retreat on November 22, 1991. OLD BUSINESS There was no old 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 November S, 1991 regular Board meeting. E. Removed from Consent Agenda at Board Agenda session. C. A resolution recognising the receipt of the America the Beautiful Grant award for 510,000 and setting up the expense account, and approval of,a budget adjustment. Staff recommends approving the grant which will be used for planting trees and will support a new program entitled Urban Forestry and Landscape that will establish Fayetteville as a Tree City, U.S.A. RESOLUTION 209-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK D. A resolution approving awarding a contract to McClinton -Anchor for the 1991 Overlay Program for $230,263.95 plus a 5% contingency amount of $11,513.00 for a total of $241,776.95, and approval of a budget adjustment. Staff recommends awarding the bid which is over budget by $53,843. The additional cost will be paid for with available funds from the Pump Station Road project. This contract will cover overlays for Hyland Park Road, West End Avenue, Valley Drive, Lisa Lane, and Lakeridge Drive. RESOLUTION 210-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOR • E. Removed from Consent Agenda at Board Agenda session. November 19, 1991 • F. A resolution authorizing the continued participation in the Fourth Judicial District ,Drug Task Force, as the lead agency and to participate in the Federal Drug Lav► Enforcement Grant by providing 25% matching funds or a total of $22,038. • Staff recommends continued participation in this budgeted program. RESOLUTION 211-91 APPEARS ON PAGE BOOR OF ORDINANCE AND RESOLUTION Blackston, seconded by Green, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. ATTORNEY FEES Mayor Vorsanger introduced a resolution authorizing the payment of $527.58 .to the Niblock Law Firm for June, July, and August, 1991, and of $4,494.13 for August and $14,735.52 for September to McDermott, Will & Emery for legal services rendered on the incinerator disengagement lawsuit. Staff recommends payment of the legal fees. Vorsanger, seconded by Blackston, made a motion to approve the resolution. Director Nash asked if the $980,000.00 listed on the cover letter is the total of all legal fees incurred to date to which City Manager Linebaugh responded. that this is the total for the two lawsuits. Director Coody requested that City Manager Linebaugh provide him with the total sum of legal fees paid to date. In addition, Coody questioned that they were being charged by three different attorneys for the same conversation. City Attorney Jerry Rose responded that each attorney charges an hourly rate, which is the normal procedure. Upon roll call, the resolution passed by a vote of 5 to 2, with Directors Coody and Nash voting no. RESOLUTION 212-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR BOAT DOCK OPERATOR CONTRACT _, Mayor Vorsanger introduced a resolution approving a'contract with Jim E. Blackston in the amount of $19,550 -,to operate the Lake Sequoyah Boat Dock from December 16, 1991.,to December 15, 1992. • 4. • 38 J U U November 19, 1991 City Manager Linebaugh explained that Mr. Woods who has operated the boat dock for years has decided to retire effective December 15. City Staff went through the professional selection policy, and two applicants were reviewed by a committee including Parks Board members and staff and City Staff. They recommend awarding the contract to Jim Blackston. Green, seconded by Coody, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 6 to 0 to 1, with Blackston abstaining. RESOLUTION 213-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOR COMMUNITY DEVELOPMENT BLOCK GRANT Mayor vorsanger introduced a resolution approving the expenditures of the 1992 Community Development Block Grant The first public hearing was held on October 24 at Jefferson School. A second public hearing was held at the November 5 Board of Directors meeting. The anticipated 1992 budget is $450,000, plus $62,850 reallocated from 1991, for a total of $512,850. Final recommendations are based on the results of these hearings, citizen input, and requests from community service agencies. Mayor Vorsanger announced that the budget would be approved at this meeting as the deadline to present the budget to the government is December 1, 1991. The preliminary activity allocations are as follows: Residential Rehabilitation $175,000 Public Improvements 192,850 Parks & Recreation 55,000 EOA Weatherization 10,000 Administration 42,646 Cost Allocation 14,354 Public Services: Elderly Taxi Program Sang Avenue Senior Center TOTAL 10,000 13.000 $512.850 City Manager Scott Linebaugh reported that Staff has researched two requests made at the Public Hearings which were not included in the budget, as follows: 1) Cooperative Emergency Outreach Program's request for a full-time director position to which Little Rock HUD advised that request is not eligible for a funding position and 2) Paving and bridge construction at Dinsmore Trail failed the November eligibility test with only .42% of area with low income. Linebaugh project has been included in the • 19, 1991 ,# the required 51% residents in the reported that the Dinsmore Trail 1994 CIP. Henry, seconded by Blackston, made a motion to approve the budget resolution. Upon roll call, theresolution passed by a vote of 7 to 0. • RESOLUTION 214-91 APPEARS'ON PAGE OF ORDINANCE AND RESOLUTION BOOK GREEN SPACE ORDINANCE AMENDMENT Mayor Vorsanger introduced an ordinance amending the Green space Ordinance to change the park land dedication ratio, the contribution in lieu of land dedication, and the method of payment for a cash contribution in lieu of the required land dedication. Parks staff and the Parks and Recreation Advisory Board recommend the proposed increase in the Green Space Ordinance and the method of payment. The ordinance was read for the first time. Henry, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Coody, seconded by Nash, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. Mike Faupel, resident of Fayetteville, addressed the Board in favor of the ordinance as the current assessment is inadequate and the Parks and Recreation Department is unable to fund their projects. Faupel further requested that the Board investigate assessing commercial development. Director Coody stated that his understanding of the law is that the Supreme Court disallows assessing commercial and industrial properties with a green space fee. Crosson stated Director Coody was correct. Director Henry further explained that this.law is being upheld as being constitutional because there has to be.a rational nexus betweenthe people who are paying for the greenspace and the people who are using the area. Mike Faupel suggested that the same resultVcould be achieved by a landscaping ordinance. 781,38 + try v + November 19, 1991 Mayor Vorsanger stated his opposition to the fee increase as he objects to this principal of the ordinance at this time, as an added burden on developers, particularly those interested in providing affordable housing. Secondly, Vorsanger questioned whether the Green Space Ordinance was really doing what it was intended to do, i.e., fees being spent in the same quadrant of the City that they are collected. The areas such as .parks that really need the funding are not located in the quadrant producing most of the money. In addition, he stated his understandingthat the Green Space Ordinance was adopted to provide "green space" for the City's neighborhoods for which each neighborhood would be responsible for upkeep. in closing, Vorsanger stated that the City already pays over $1 million per year for maintenance of parks and to increasing fees on this economic sector of the community is not the answer. He stated we should look for a better way to utilize the resources. Director Coody stated his support for the ordinance However, he believes the ordinance needs to be rewritten as it is not working as well as it was intended. He reported that in the last ten years through land dedication only two dedications have been made, Davis Park and Sweetbriar Park. Mark Robertson, Parks and Recreation Advisory Board Chairman, addressed Director Coody's comments stating that in the past ten years, three properties have been acquired: Davis Park consisting of nine acres, right-of-way easement into Gulley Park containing two acres, and a one-half acre addition to Sweetbrier Park which is currently in process. Director Coody read excerpts from the ordinance which states the intent of the ordinance is to offset the impact on green space by providing more green space to the City. Robertson responded to Director Coody stating that there is a misconception of the "green space" ordinance as a landscape preservation ordinance. The purpose of the ordinance is to set aside either land or collect monies to purchase land or to develop existing land within the quadrant where the development will impact the community. He reported that since the ordinance was adopted in 1981, there has been approximately $180,000.00 collected, which has been significant in the development of their park facilities. There has been no increase in ten years, and even with this increase, it only makes a small dent and won't bring Fayetteville up to the average. Robertson suggested that the CD grant monies could be used for development in the Southwest quadrant of the City where the green space fund is lacking. Director Coody asked if there was a way to appropriate and share the monies between parks development and land acquisition. Land is escalating in value, and if they make a decision to dedicate these monies to development of existing properties, they may be hard pressed to buy land in the future. 1 1 1 November 19, 1991 r... cit Robertson responded that by being limited to which quadrants of the community the money can be spent, if you take the anticipated amount to be collected on an annual basis divided by the four quadrants of town, the pie divides pretty quickly. In the alternative, if you set a restraint upon terms of proportioning shares, combined.. with the fact that the money must be spent within three years of its collection this prevents the Parks & Recreation Advisory Board members from using their discretion in giving direction to parks recreation and development in the City. He further reported that the consensus opinion of the Parks and Recreation Staff is that land does need to be acquired, but in strategic locations where it will benefit the community to the greatest extent. This cannot be done without a parks plan, which is scheduled to be in place in 1992. Director Green stated that as a result of the Vision Project and input from the public, they place a high priority on parks, and the Board needs to recognize this need and find ways to fund the same. Green suggested an impact fee proportional to the impact on the parks in lieu of attaching it to sales or property taxes. In addition, Green stated that this doubling of the fees after ten years of no change is not that high an inflation rate, and they should try to keep the structure of the ordinance as it now reads. Green also suggested that the 1/10 or 1/4 acre neighborhood or "pocket" parks being considered would be unwieldy to maintain, and perhaps there should be a minimum set of one or two acres. Director Spivey voiced his agreement with Director Green's statements and his support of the ordinance. Director Henry stated her support for the ordinance, stating that they should not "tie the hands" of the Planning Commission, as they are aware of the need for land acquisition and are responsible for maintaining whatever they accept. Upon roll call, the ordinance passed by a vote of 6 to 1, with Director Vorsanger voting no: ORDINANCE 3578 APPEARS ON PAGE S7 OF ORDINANCE AND RESOLUTION BOOK XXVI UTILITY EASEMENT I Mayor Vorsanger introduced;an ordinance` abandoning a utility easement on the north side of 2381 Creekwood Avenue as requested by Randall Harkson. City Manager Scott Linebaugh explained4"that the Harkson house encroaches upon the easement,and setback by about 7.8 feet, and Mr. Harkson is requesting the City abandon this easement to allow for the sale of the property. 'The. house was built in 1981, and Mr. Harkson purchased it in 1985 at which time the encroachment was not Mar V VP November 19, 1991 110 discovered. There were no objections by any of the utility companies, and Staff recommends granting this utility easement. The ordinance was read for the first time. Henry, seconded by Blackstone made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Coody, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. George Blackwell addressed the Board opposing the ordinance stating that it was unclear, and he requested further verification on this easement. Blackwell stated his concern since he has easements on his property. Director Henry presented Mr. Blackwell with copies of all materials the Board has received on this utility easement, which should answer his questions. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3579 APPEARS ON PAGE S f 01 ORDINANCE AND RESOLUTION •BOOK XXVI ITEMS 7. 8. 9 AND 10 City Manager Scott Linebaugh announced that Agenda items 7, 8, 9, and 10 mere removed from the Agenda to allow for further action by Staff before bringing them before the Board. • @MOILING POLICY Mayor Vorsanger introduced an ordinance regulating smoking in certain public areas. The Board of Directors adopted a smoking policy for all city owned facilities at their November 5, 1991 meeting. The matter before the Board now is the consideration of enacting a smoking policy for certain public places. Mayor Vorsanger requested that the City Attorney read the ordinance for the first time. Following the first reading, Mayor Vorsanger asked for public comments. Rob Lefler, representing the Ozark Headwaters Group of the Sierra Club of over 150 members, addressed the Board in support of this ordinance. Lefler explained the basic premise underriding the proposal, that being forced to breathe other's tobacco smoke is like being assaulted and no one should be forced to put up with • November 19, 1991x' this in carrying out their necessary daily activities. Smoking is a form of air pollution that carries a significant risk, just as breathing asbestos does. Leflar reported that more than 600 cities in the United States have adopted smoking ordinances and that number is on the rise. Leflar further explained that their goal is to have a reasonable ordinance appropriate for the circumstances of the City of Fayetteville and its citizens and to serve as a model for other cities in Arkansas. This is not a general ban on smoking in all public places nor restrictions or regulations on smoking in work places, but only applies to public places and requesting a set of rules that the businesses of Fayetteville can live with as well as adequately protecting the citizens. Leflar explained that public places were divided into three general categories: 1) Most Protective Class - places where people have to go in order to carry out essential daily activities or their civic duties, i.e. healthcare and childcare facilities, courtrooms, public meeting rooms, drug stores, grocery stores, etc. 2) Broadest Class - places where customers have a choice whether or not to patronize the establishment, i.e. restaurants, theaters, hotels and motels, etc. 3) Exempt Class - places where people expect there to be tobacco smoke, i.e. bars, pool halls, convenience stores, etc. Director Coody presented Leflar with similar ordinances for other communities which are more specific and which may be incorporated into the proposed ordinance. Mayor Vorsanger stated that in the ordinance considered 3-4 years ago, enforcement was .by the police. He asked Leflar how he proposed enforcement of this ordinance to which Leflar responded that violations would be reported to the police. Leflar added that when people know what the law is, they will obey the law. Director Henry stated that much of this ordinance is currently being voluntarily practiced in businesses. Henry asked if there were any statistics on this to which Leflar responded that City Staff has polled restaurants'in the area "showing that -there is an increased tendency for "smoking" and "no -smoking" sections in restaurants. u -r Jim Crider, Director of the'Economic Development Department of the Fayetteville Chamber of Commerce, addressed the Board stating that inasmuch as the proposed: smoking ordinance may have a profound impact on the hospitality industry, they should be allowed input in drafting such a document" prior to' City 'Board action. Crider requested that the Board table this -item to allow for such input, or if they opt to votewithout the occasion for the input requested, then for the sake of the busins community, the 3 lier 1. November 19, 1991 position of the Fayetteville Chamber of Commerce would be to oppose the ordinance as presented. Director Blackston stated that he would like to see incorporated into the ordinance a provision whereby businesses can avoid great expense by using their existing barriers and ventilation systems to achieve the goal as best they can. - Dr. David Rogers, family Practitioner in Fayetteville and former Secretary/Treasurer of the Washington County Medical Society, and current Chairman of the Arkansas Medical Society's Committee on smoking and tobacco products, addressed the Board stating that the medical community is not interested in putting a hardship on restaurants and hospitality centers but wanted to discuss options to establish the City's goal to'provide a smoke-free environment in as many public places as possible. Rogers quoted former Surgeon General C. Everett Koop, who said "cigarette smoking is the single most preventable cause of death and debility in the United States today." Over 400,000 people per year die from smoking and smoke related illnesses, and the cost to the United States economy due to hospitalization costs, lost work hours and productivity is over $50 billion per year. Based on the most recent Surgeon General's report in 1989 and the EPA's report, second hand cigarette smoke is equally costly to the U.S. 4,000 people die per year directly attributable to second hand cigarette smoke. The incidents of upper respiratory tract infections, asthma, and hospitalizations in children with pneumonia is increased in children exposed to cigarette smoke. Rogers concluded by stating that this information was not available at the time the previous smoking ordinance was considered and defeated. With the current information, there is more ammunition to step forward and defend citizens from being exposed to second hand smoke. Rogers stated that the health community looks to the City Board to establish rules to protect the health and well-being of the citizens. Marilyn Johnson, past member of the City Board and a non-smoker, addressed the Board stating that this is a no win situation for either side. As Chairman of the Chamber of Commerce Convention and Tourism Committee, they have worked hard to sustain and create conventions and visitors to visit Fayetteville. It is not the business of city government to dictate policy for private business, but the customers should be dictators of this business. The smoking ordinance enforcement causes her concern as restaurant managers would become policing agents for the City. Johnson sees this ordinance as a hinderance to economic development and a hardship to small businesses trying to comply. Johnson urged the Board to defeat this ordinance as presented, or in the alternative, table it until the hospitality industry representatives are given 1 ;NgF '3 November. 19, 1991' i'• a fi a chance to provide input as the City cannot dictate governmental regulations for the county and state. Director Coody reiterated that the ordinance would clearly state that businesses can use existing barriers and ventilation systems and do the best they can with what they have. In addition, he stated that a "smoke police squad" would not be necessary. There are a hundred different ways to look at this issue but he is confident that a middle ground can be found. Bob Anderson, citizen of Fayetteville and a smoker, addressed the Board in opposition to the smoking ordinance stating that smokers should have rights the same as non-smokers. Anderson stated that it should be left up to the individual businesses to set their own policies. Bruce Trammel, a Fayetteville attorney, addressed the Board in favor of the ordinance. Businesses are currently required to provide fire safety provisions for their customers. Restaurants and hotels are required to provide for the health of their customers and public welfare is the issue, not the inconvenience and money. Businesses that provide a non-smoking area may initially have expenditures to comply with the ordinance, but will eventually have more non-smoking traffic which is economically beneficial. Katy Phillips, lifetime resident of Fayetteville and a 72 year old smoker, addressed the Board in opposition to the smoking ordinance. Phillips presented petition for smoking rights to the Board on which 43 names appear, 15 smokers and 29 non-smokers. Director Coody addressed Ms. Phillips stating that this ordinance would not take away her rights as a smoker. In fact, it .would protect her rights :.as well as the non-smokers' rights. Dean Wendgreen, a recent resident to the City of Fayetteville, addressed the Board in support of the smoking ordinance, stating that it is fair to both sides of the issue-. He stated that since living in Fayetteville, it hastbeen hard to get away from cigarette smoke in public. Wayne Dyer, owner of the Hush, Puppy Restaurant and a non-smoker, addressed the Board in opposition to the smoking ordinance as being unnecessary. He reported from the City's survey, that 79.6% of restaurants in Fayetteville provide both smoking and non-smoking areas, 4.5% have no smoking in their restaurants and 15.9% of restaurants that blend smoking.and non-smoking:into one area. Dyer stated that the City has recently enacted a smoking ordinance for buildings owned by the City, and he requested that he and his customers be allowed to regulate their policy. 39 1 November 19, 1991 Director Coody responded by stating that restaurants aren't the only establishments covered in this ordinance and it would be preferable to have a consistent policy for the entire City. John Leonard, Manager of Cablecar Pizza, addressed the Board in opposition to this ordinance, stating that the Board has more important things to do than worry about private business. • Pat Henry, Manager of the Hilton Hotel, addressed the Board in opposition to this ordinance, not only from the restaurant stand- point, but also from the hotel standpoint. Henry stated that the Hilton provides an atmosphere for both the smoker and non-smoker and he should be allowed to operate his restaurant and facility the way that he needs to, to satisfy his guests. Linda Matthews, resident of Fayetteville, addressed the Board in support of this ordinance, stating that they are giving mixed messages to their teenagers by allowing smoking in public buildings. Matthews suggested that along with passing this ordinance that they prepare an educational message to children regarding the ordinance. Director Coody agreed with Ms. Matthews that this isn't as much a business issue as much as it is a health issue. Mayor Vorsanger added that this ordinance isn't necessary in order to educate children on the hazards of smoking. coy Kaylor, owner of Coy's Place, addressed the Board in opposition to the smoking ordinance as written stating that the input on this issue from the hospitality industry is insufficient. Kaylor proposed that Rob Leflar and his group meet with those opposed to the ordinance, using the Chamber as a mediator, and try to reach a compromise. Kaylor stated that the proposed ordinance would not address Director Coody's concerns. Kaylor stated his concern that he has to have flexibility in dealing with and accommodating his customers. Director Henry stated that another message to teenagers should be to voice and speak out against something that offends them. Director Blackston stated that through public hearings and debate, a compromise solution can be attained. Director Henry reported receiving calls from concerned citizens stating that the biggest problem with smoking occurs in grocery stores and restaurants and she suggested a mandated courtesy with regard to this issue. • Kevin Crosson stated that he understood smoking in grocery stores is a violation of the State Health Code. 1497 November 19, 1991x. Director Coody reported calls made to the four major grocery stores in Fayetteville revealed that managers either don't have a policy or don't know if they have a policy or not. Even though signs are posted, the are rarely enforced. Director Green suggested that they give both sides of this issue an opportunity to work on a compromise and table this issue until the next meeting. Henry, seconded by Blackston, made a motion to table this ordinance until the next meeting. Upon roll call, the motion to table passed by a vote of 7 to O. RECESS A five minute recess was taken at this time. CURBSIDE REFUSE COLLECTION Mayor vorsanger presented an ordinance amending Chapter 50 of the City Code making curbside the mandatory point of collection for ns. residential refuse and eliminating metal caas approved refuse containers. City Manager Linebaugh reported that Staff recommends approving the amendments. Curbside pickup will decrease collection time by approximately 200-250 person'hours per week, reduce the risk of injury from carrying the refuse for long distances, reduce the liability of disposing of something left near the trash bags or cans, and increase the effectiveness of the department by not missing pick-ups. • To implement this program, Linebaugh stated that Staff intends to establish a curbside exemption for the disabled (which would include the elderly segment of the community who could not physically move their refuse to the curb): inform each customer by mail, and make the effective date 30 days ,after passage of the ordinance. In addition, Linebaugh stated that eliminating metal cans will reduce hazards for the collection crews.* Plastic containers or bags weigh much less, are not susceptible to rust so do not develop dangerous, rough, jagged edges, and are not as easily damaged. The ordinance was read for the first time., Blackston, seconded by Green made a motion to suspend'the:rulesand place the ordinance on its second reading. Upon•roll call,•themotion passed by a vote of 7 to 0. The ordinance was read for!the second time. Blackston, seconded by Green, made a -motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of'7 to 0. The ordinance was read for the third and finalstime. ° a' nL . November 19, 1991 Director Green asked if a special fee could be calculated for those exempt from the curbside policy to which Linebaugh responded that the minimum charge would be $6.00 per month, but Staff doesn't recommend this service as there aren't enough citizens that would request this service to make it worthwhile. Director Blackston spoke against having a special fee for those that used the exempt status stating that the curbside ordinance is not overly burdensome on anybody, and this is a wayto streamline solid waste pick-up and save money without putting a big burden on anyone. • • Director Coody reported he had received two citizen phone calls suggesting that the City legislate the use of certain types of lightweight garbage cans and place stickers on heavy or rusty cans requesting that they be replaced. In addition, Coody suggested that they eliminate the "plastic can and disposable bags only" policy and leave the remaining ordinance in place. Director Nash reported citizen calls stating that they shouldn't be as concerned with what the cans are made of, as much as they should be concerned about the weight of the can and problems the sanitation workers have in picking them up. One suggestion she received was that if metal cans ars used, they be lined with plastic to eliminate the sanitation worker lifting heavy cans. Nash stated her opposition to plastic bags being used in lieu of garbage cans as they would get torn up and strewn about the streets. Director Coody stated that another factor to consider is if they pass a plastic can only ordinance, it would force residents to buy new trash cans and throw their old ones away. City Attorney Rose asked for verification of Director Coody's motion to amend to which he stated, "to eliminate plastic cans and disposable bags only" policy, and allow quality metal and plastic cans. Mayor Vorsanger asked for further verification to which Director Coody stated that by eliminating the "plastic cans and disposable bags only" policy, they can still have plastic bags, plastic cans and new metal cans. Director Green asked if the amendment would include a provision that the City can refuse to pick-up someone's garbage can if it is rusty and in an unacceptable condition to which Director Coody responded that they could add an addendum requesting citizens to purchase new and safer garbage cans. George Blackwell, resident of Fayetteville, addressed the Board requesting verification of the 12 -hour time limit for placing trash curbside, calling the same illogical. Blackwell stated that he has • 1 g November 19, 1991 ; had the same metal garbage cans for ten years, and they are far superior to plastic cans. Blackwell stated that like with handicapped parking, people will violate the curbside exemption for the disabled. Therefore, he suggested that those exempt residents should have a marker on their home or garbage can to prevent violation of this policy. ' David Swain addressed the. Board asking about the size_ limitation of trash cans to which Linebaugh responded that 32 gallon cans were the limit, but newly purchased cans of a slightly larger size would probably be allowed until the can was again replaced. Director Coody addressed Mr. Blackwell stating that there will be a provision whereby the elderly or handicapped fill out a form requesting exemption from curbside refuge collection. Coody, seconded by Nash, made a motion to amend the ordinance to remove the phrase concerning plastic cans and disposable plastic bags only. Upon roll call, the motion to amend passed by a vote of 7 to 0. City Attorney Rose read an addendum to the ordinance concerning the termination of garbage service for violation of metal garbage can use._ Goody, seconded by Blackston, made a motion to amend the ordinance adding a provision regarding improper use of metal garbage cans and the termination of sanitation service resulting therefrom. Upon roll call, the motion to amend the ordinance passed by a vote of 7 to O. Mayor Vorsanger asked for any further comments on the original curbside refuse collection ordinance, as amended. Mickey Jackson, resident ofHFayetteville, .expressed his concern about the maximum container_,size of 32 gallons, stating that this will cause problems as the standard 40 gallon"container is probably used by more citizens than the 32 gallon. Jackson proposed changing the 32 gallon limit -to 40 gallons. City Attorney Rose read an addendum 32 gallon limit to 40 gallon limit. Blackston, seconded by Nash, made a from 32 to 40 gallons. !4 k - to the ordinance amending the Motion to,amend the ordinance . J Greg Fields, Solid Waste Superintendent, addressed the Board stating that 32 gallon capacity is a fairly common size, and the addition of 8 gallons would add allot of weight, and he proposed that the gallon capacity .remain at 32. In addition, the main reason for requesting the elimination of metal cans is that they L399. 9vv November 19, 1991 tend to get bent, collect water and become very heavy and difficult to handle. Mayor Vorsanger read a letter from a citizen in opposition to the proposed curbside ordinance. Director Green requested a rewrite of the curbside- ordinance in lieu of a number of amendments on the front end. He.lurther added that there seems to be a lot of confusion with the various amendments to the ordinance. Therefore, Green recommended that another ordinance be written based on the concerns voiced at this meeting. Goody, seconded by Green, made a motion to table the ordinance. Upon roll call, the motion passed by a vote of 7 to 0. ACT 9 BONDS Mayor Vorsanger explained that a Public Hearing Mould now be held on a request by Mast Industrial Corporation for the issuance of $5,500,000 of Arkansas Industrial Development Refunding Revenue Bonds (Act 9). City Manager Linebaugh explained that the purpose of this Public Hearing concerns the adoption of an ordinance that allows the issuance of $5,500,000 of bonds, in which Amcast would use to refinance their current bond issue which is for their manufacturing plant located at 3265 Highway 71 South. With no public comments, Mayor Vorsanger declared the Public Hearing closed. The ordinance was read for the first time. Blackston, seconded by Green made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Coody, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. City Attorney Rose introduced Tom Leggitt, bond counsel from the firm of Friday, Eldridge and Clark and stated he was present to answer any questions. Peter Tooker, resident of Fayetteville, addressed the Board asking how much the industry is saving by the passage of this bond. Leggitt responded that the new bonds rate will have a floating interest rate that changes weekly, and a bond holder can turn bonds back with only seven days notice. He further stated that the current rate is around 4%% to 5%. 1 November 19, 1991 y Peter Tooker suggested that the City. should gain some of the revenue that has been saved. Leggitt responded stating that the City acts as a conduit and payments are made directly to the trustee for the bond holder. upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3580 APPEARS ON PAGE 6/ OF ORDINANCE AND RESOLUTION BOOR XXV( LEGISLATIVE AUDIT Mayor Vorsanger introduced a request that the Board consider the possibility of utilizing the State of Arkansas Legislature Joint Auditing Committee to conduct annual financial audits as opposed to the current practice of hiring outside accounting firms. Mayor Vorsanger reported there had been discussion on this topic at their Agenda Session, and it was felt that the public would be better informed if the discussion was held at a public meeting. Mayor Vorsanger further reported receiving a letter dated November 13, 1991 from Charles Robinson, Legislative Auditor, concerning the audit performed for the City on December 31, 1990. The letter stated that the above mentioned audit report will be presented to the Committee on Counties and Municipalities of the Legislative Joint Audit Committee for its review at 1:30 p.m. on Thursday, November 21, 1991 in Conference Room 151, State Capital Building, Little Rock. The Committee on Counties and Municipalities will make its report to the full membership of the Legislative Joint. Auditing Committee regarding the audit at 9:00 a.m. on Friday, November 22 in Conference Room 151, State Capital Building, Little Rock. Mayor Vorsanger explained the reasons for en independent audit as the Legislative Joint Auditing Committee is under a tremendous burden, and a requested audit for 1991- would not commence until late 1993 or early 1994, and timeliness of an audit is vital to meet the requirements set, -down by various granting agencies and bond indentures. s s .._ 4 Mayor Vorsanger reported that he was advised by Robinson that the grantsfor which auditing was being, requested would have to be audited by independent. CPA's.•. Vorsanger requested indication of how manyfirst class cities in Arkansas were audited by outside auditors as opposed to Legislative auditors to which he was advised that there are 36 of the 100 first class.cities in Arkansas are audited by independent CPA's. The Legislative Audit Committee must approve the addition of any first class city to the audit schedule. Mayor Vorsanger stated that the questionxposed by Director Nash was since the City's records were audited by an independent auditing k 4( qua 402 • November 19, 1991 firm, would the Legislative Audit come in and reaudit or perform only a management type audit for the past five year period. Vorsanger reported that Robinson's response was that they had never found it necessary or advisable to recommend that a municipality audited by an independent CPA be reaudited, nor has the Legislative Auditing Committee directed their staff to conduct such an audit. In conclusion, Vorsanger stated that if a legislative audit was used, they would not only get their reports in an untimely fashion, but it would not be a complete overall audit. They would still have to have an independent firm perform the majority of their auditing process. The fee for outside auditing is approximately $50,000 per year. The General Fund audit costs approximately $35,000 of the $50,000. Director Blackston commended Mayor Vorsanger for his excellent presentation explaining the Legislative Auditing process. Director Nash asked if an audit report is different from a full audit to which Mayor Vorsanger responded that the• audit report covers the full audit. Nash stated that she still believes it is a win-win situation for Fayetteville but she would not be making a motion at this time. OTHER BUSINESS ACT 9 BOND ISSUE City Attorney Rose reported that Mr. Leggitt has requested a separate vote on the Emergency Clause of the ordinance the Board previously voted on- Coody, seconded by Nash, made a motion to approve the Emergency Clause in the ordinance. Upon roll call, the ordinance passed by a vote of 7 to O. REDISTRICTING Director Henry addressed City Attorney Rose regarding status of the redistricting for the county and city. Attorney Rose responded stating that Mr. Setter, Washington County Election Coordinator, has advised him that the County Election Commission would attempt to solve the County redistricting problems by December 1, 1991, and they should have the City's redistricting completed by the first of 1992. Rose reported that Mr. Setter did not visualize any great problems or changes in the City's redistricting. • ADJOURNMENT The meeting adjourned at 10:53 p.m.