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HomeMy WebLinkAbout1992-02-04 MinutesMINUTES OF PUBLIC COMMENT SESSION February 4, 1992 • Mayor Vorsanger opened the,Public Comment Session, being held at Leverett School, explaining. the purpose of this meeting was for citizen input on non -agenda items. • With the majority of those in attendance present to discuss the Township widening issue, Mayor Vorsanger asked that Dr. Ed Maxey and Gail Biggs be allowed to speak first on their respective issues. ELECTRICAL CODE Dr. Ed Maxey, retired surgeon from. Fayetteville, addressed the Board with regard to Article 250 of theA National Electric Code which he stated was not being enforced inithe city or county. Dr. Maxey read the following excerpt from the article: "The grounding of electric system circuit conductor, surge protectors and conductive non-current carrying materials and equipment shall be installed and arranged in a manner that will prevent an objectionable flow of current over the grounding conductors or grounding paths." Dr. Maxey stated that the importance of this issue stems from these kinds of currents giving rise to electro -magnetic fields. These are objectionable because the epidemiology shows that there is a very distinct relationship between this and the incidence of cancer. A number of studies have been done which .indicate that telephone line workers, children living near power lines, and employees of electrical/magnetic field occupations have an increased incidence of cancer. Dr. Maxey requested that he be permitted to present his materials and demonstrate objectionable currents at the next regular board meeting or appropriate committee. Dr. Maxey reported that he has already made his presentation to the Quorum Court, Rural Services Committee, and Planning Commission. Mayor Vorsanger stated that they would place Dr. Maxey's presentation on the agenda for the next regular board meeting in two weeks. CITY FORM OF GOVERNMENT Gail Biggs, representing Citizen's for Fair Taxation, addressed the Board presenting a resolution with respect to the city form of government. Ms. Biggs stated that it is not the Citizen's for Fair Taxation intention .that the resolution be construed as an endorsement for or against the City Manager or Mayor/Council form of government, but it is simply a suggestion as to how the city government can better operate. 83 84 February 4, 1992 Ms. Biggs stated that the main purpose of the resolution is rather than City Staff coming to the Board with one recommendation to be accepted, not accepted, or modified, certain steps should be taken to define all possibilities including the pros and cons of each possibility, cite advantages and disadvantages, and the City Manager's recommendation. The City Board takes over the policy making process. LEVERETT WOODS Mr. Charles Moorman, Finger Road, addressed the Board with regard to Leverett Woods and preservation of the land in its natural state. Moorman stated that the current problems could have been prevented had the City had in place a workable tree ordinance to provide objective criteria for handling of public/private wooded areas. Moorman suggested that the City Board refrain from trying to "reinvent the wheel" without experience and relying solely on the opinions of local developers. He suggested utilizing the criteria of a tree ordinance already in place in Ann Arbor, Michigan, a similar city with a state university and light industry. Mr. Moorman presented a draft of the Ann Arbor ordinance which governs both public and private lands, and read the following from that ordinance with regard to wooded areas: 1) "A use permit shall be issued for removal of any portion of a woodland only when the proposed use cannot reasonably be accomplished utilizing alternative designs on-site or reduction of the size, scope, configuration or density of the design." 2) "A use permit can be granted only when there is a compelling public need for the proposed use that is greater than the need to protect the prime woodland." 3) "Before any use permit is granted by the City, a plot shall be provided by the developer giving 100% inventory of all trees, assuring a 6 inch diameter in the area of the proposed disturbance and within 50 feet of the proposed disturbance, including the species." Mr. Moorman stated that in addition, there are penalty and enforcement provisions written into the ordinance. Mr. Moorman requested that the Board, in the absence of an ordinance of their own, follow the Ann Arbor ordinance or one equally applicable. This would present to the environmentalist and developer the image of a governing body committed to the preservation and enhancement of natural features essential to maintaining and improving the City's aesthetic characteristics, economic well-being, and quality of life. February 4, 1992 LEVERETT/SYCAMORE; REZONING Mike Faupel addressed the Board with re"spect to rezoning property located on the southwest .corner..of Sycamore and Leverett. He stated that within the past.year he has seen the City Board deny rezoning that the City Planning Commission recommended, and the same be subsequently reversed. Faupel stated that the City needs to take responsibility in bringing an end to this problem and take an interest in the property in question., He is a member of a corporation formed for the purpose'of+securing the property in question for whatever use it might be, such as a nature park. Faupel requested that the City .Board discuss,any way to bring a resolution to this problem. • s Chuck West, resident of Fayetteville and parent of students at Leverett School, addressed the Board with respect to the Leverett and Sycamore Street property rezoning. He is concerned that allowing rezoning for a.restaurant that serves,alcohol will produce traffic that would serve as a menace to the children walking to and from Leverett School. In addition, Mr. West stated that it would be possible to develop the wooded area in a much less threatening way to the environment and traffic. • A member of the audience addressed the Board with respect to the rezoning issues on the Board's agenda which are close to residential neighborhoods. She showed the Board a bag of trash that she had picked up in front of her home on Washington Street from one weekend. She stated this problem must be addressed as it is ruining homes and property. Melody Payton, student of Leverett School, addressed the Board and read a poem that she had written about Fuzzy's Restaurant in relation to Leverett School. Nancy McCartney, Leverett parent, addressed the Board and on behalf of the Leverett community and presented Directors Coody and Nash with plaques in appreciation of their consistent representation and cooperation and efforts to preserve the Leverett neighborhood and community. FORM OF CITY GOVERNMENT Joe Robson addressed the Board stating that before citizens can make a choice regarding who is going to represent them in government, there are others not seen, who make choices regarding where the elected come from, where the district and ward lines will be placed, and how many wards there are. The proposed ordinance would give the city, for the first time, four board representatives elected by wards only and three elected at -large. Robson stated that although it is an improvement, it would not change a thing in terms of the current situation, except that the ward February 4, 1992 representatives would not have to run at -large appealing to voters across the City running very expensive campaigns. Robson presented a map setting out the areas from which every at - large director for the past eleven years has come, all in only two of the sixteen City precincts. With four ward representatives and all at -large representatives coming from the same part of town, this presents a situation whereby one section of town is making an inordinate amount of decisions for the rest of the City. In addition, Robson reported that Fayetteville's members o the House of Representatives and Senate also come from these two precincts, as well as every mayor appointed in the past eleven years. Robson requested that the Board consider amending the ordinance that is Item #1 on the agenda to allow for at least six wards in the city. This amendment would allow for the average citizen in Fayetteville who does not work for a bank or major corporation and who can not afford $2,000 to $3,000 campaigns to run for these seats. FAYETTEVILLE VISION Candace Henry, addressed the audience, stating that although it may make them uncomfortable, now is the time to address the City Board with their concerns. Ms. Henry thanked the Board for holding their meeting at Leverett School and for hearing the citizen's concerns. She asked the Board of Directors who at least publicly support Fayetteville Vision, take a look at the issues raised at the Vision meetings and consider what is really important to the citizens. FLUORIDATION OF WATER Al Vick addressed the Board in opposition to the resolution supporting fluoridation of the City's water supply stating that fluoride is a proven cancer causing agent, along with the accumulative effect from auto fumes, chemicals, etc. Vick stated that there are other ways of taking care of your teeth rather than adding fluoride to the city water. Dr. Grammar, dentist from Fayetteville, addressed the Board stating that the Fayetteville Dental Society would like to go on record in support of city water fluoridation. Dr. Grammar stated that the resolution is somewhat misleading since Fayetteville has had a fluoridated water supply since 1982. Dr. Grammar further reported that the City of Fayetteville in a referendum voted by over a 2 to 1 majority to ask Beaver Water District to fluoridate the water supply in 1978. In 1980, a contract was signed with Beaver Water District to supply fluoride in drinking water and the same went on line in 1982. Dr. Grammar stated that the resolution to support fluoridation of the city's water supply is desirable simply as a protest against • February 4,.1992 Beaver Water District's action in unilaterally shutting off the fluoride. According to the contract signed on October 30, 1980, the agreement can only be .canceled by either party with written notice given at least one year _prior to scheduled date of cancellation. To his knowledge, Dr. Grammar stated that this had never occurred, and Beaver Water District is in direct violation of the contract. Not only should the -Board passthe resolution, but they should explore legal means to force Beaver Water District to comply with the contract. , LEVERETT WOODS Martha Noble, resident in,the Leverett School District, addressed the Board, in opposition to the Leverett rezoning and the placing of a bar, whose main trade is students drinking beer all day long, next to Leverett School. In addition, Ms. Noble asked for those present who had not been able to speak, stand to show their opposition to this proposed development of Leverett Woods. MAYOR ANNOUNCEMENTS Mayor Vorsanger stated his appreciation for the attendance at this public forum assuring those present that the Board does follow the Fayetteville Vision suggestions, including quarterly meetings in the various wards. Mayor Vorsanger reported that in addition to the agenda, there would be a report from the city's legal counsel regarding the status of the lawsuit for Lots 4 and 5 on the corner of North and Garland. Due to public interest in this issue, Mayor Vorsanger requested, that this report be given near the beginning of the meeting. Director Coody requested that the Public Forum be extended for an additional 15-20 minutes, to allow for additional public comment. Mayor Vorsanger stated his disagreement because it is unfair to those in attendance for the agenda items. ADJOURNMENT Vorsanger declared the publicforum closed at 7:39 p.m. and requested that the Board meeting commence. 87 v v MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, February 4, 1992 at 7:40 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, Shell Spivey, and Bob Blackston; City Manager Scott Linebaugh; City Attorney Jerry Rose, City Clerk Sherry Thomas; Planning Director Alett Little; Public Works Director Kevin Crosson; Administrative Services Director Ben Mayes; members of Staff, press and audience. CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. Brownie Troop 147 consisting of second and third graders from Leverett School made a Presentation of the Colors, led in the Pledge of Allegiance, recited the Girl Scout Pledge and song. 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 OPTIONAL METHODS OF ELECTING BOARD OF DIRECTORS Mayor Vorsanger introduced an ordinance calling for an election on the question of amending the method of electing directors to the City Board and which would provide for the direct election of the Mayor from an at -large position in the current City Manager fora of government. An ordinance calling for the election of 4 directors from wards and three from at -large positions, one of which would be a directly elected mayor, was left on its first reading at the January 21, 1992 Board meeting in order to receive additional public input. Mayor Vorsanger further explained the proposed ordinance would call for only those qualified voters residing in a ward to vote on candidates from that ward. Currently, candidates from individual wards are elected by all qualified voters. This ordinance would February 4;-1992 3 apply to thefour city Directors positions which are currently designated as ward positions. ' Vorsanger reported receiving.input from the League of Women Voters in support of the ordinance calling for the election of 4 directors from wards and three at -large.' Peg Anderson, addressed the Board in 'support- of the ordinance. Electing four directors from districts guarantees that they will be elected by the people in the -area where they live. Ms. Anderson stated that Joe Robson's statements made at -the public forum that all at -large members come from one district is not relevant, as people from the other three wards were not prevented from being elected, rather those three„ wards did not present people to be elected. She further stated that the issue of an elected mayor is also irrelevant, although it should be made clear that an elected mayor would have no more power than anyone else under this system. • Joe Robson addressed the Board stating that the relevance of his previous statement is that at -large -representatives are required to appeal to the entire city and spend funds campaigning in order to reach 40,000 voters. The city would get a greater cross-section of the community by having no at -large directors. If the purpose of the ordinance is to give greater representation from a cross- section of the community, Robson suggested that the proposed ordinance be amended for director compensation and designating seven wards within the city and appointing the mayor from one of those, or six wards with an at -large mayor. ' Director Coody concurred with Mr. Robson regarding representation from all economic conditions and further statedthat it is obvious that the current system is not working and needs to be changed. Coody further stated that he personally can afford to donate his time to the city and survive financially; however, he believes that some form of director compensation would do more to open it up to different economic backgrounds and to divide the lines of ward redistricting. The overriding responsibility of good government is not the number of districts; but rather the responsibility is in the hands of the voters to be diligent and vote with knowledge that assures that they will be represented. He stated there are several methods to achieve this including ward representation. Coody asked for a show of hands from the audience on the proposed ordinance as well as on Mr. Robson's suggestion for 6 wards and an elected mayor. Robson asked what the advantages were for having three at -large directors especially ifthey come from the same income bracket. Director Henry responded that although it tends to happen sometimes, all people from a certain income bracket don't necessarily think alike. She further stated that there are 90 February 4, 1992 arguments that six wards would create "ward wars". The four/three system would cause an overriding factor with at -large philosophies. Robson responded that the ordinance before the Board is not significantly different. The process needs to be opened up in order to allow more people to participate as representatives. Director Henry stated that Mr. Robson is trying to incite a class war by implying that people all over the city do not have any commonality of interest, and she totally disagrees with this opinion. The process is open to anyone to run within their precinct; candidates can conduct door to door campaigning which do not cost a lot of money. Henry further stated that she is having a map prepared which will show the money invested by the city in every single area and over a broad cross-section of Fayetteville. In addition, Director Henry stated that the city will not have money left to spend on parks, bikeways, sidewalks, etc., by the time they defend the various lawsuits (i.e. incinerator lawsuit, sales tax question, etc.), for which Mr. Robson is involved. Henry stated that the cumulative history of this community in the 28 years that she has lived here does not reflect the picture painted by Mr. Robson's comments and beliefs. In addition, Henry stated that tax payer dollars should not have to be spent on the privilege of serving a community, and she quoted a passage from Shaw dealing with this issue. Director Coody interrupted Director Henry's comments by asking the audience if they did not think she was great. He also stated that he finds it totally inappropriate to blame the problems of this city on its citizens. Joe Robson responded stating that when 450 out of every sales tax dollar for the next 19 years is paid as interest, this is a waste of the taxpayers' money. Robson further responded that as an elected person, he has sworn an oath of office that when he conducts business, he will abide by the state statutes and constitution, but the Board of Directors has failed to abide by their oath, and that he feels is a failure of trust. Mayor Vorsanger stated that his only purpose in running for city Director was to return service to the community that has been so good to him and not for the pay. He stated that he did not spend the $3,000+ that Mr. Robson has stated to run at -large. He spent $100 for nine newspaper ads. Mayor Vorsanger said that he will fight people like Mr. Robson who are absolutely bound to destroy the town and make it divisive. Mr. Robson stated that there have been a lot of hasty and poor decisions made by the Fayetteville Board of Directors, and they need to be challenged. He further reiterated his views on the incinerator lawsuit and sales tax issue. • February•-4;*1992 Director Nash called fora a'pointof order' as the issues being discussed are pending in a lawsuit-.* Director Nash stated that the majority of public input she has received has been in favor•of 6 wards and 1'elected mayor. She further stated that the citizens cannot be given a menu of multiple choices; therefore, this Board must decidelon one of the options to appear on the ballot and requested that City. Attorney Rose offer further explanation. City Attorney Rose stated that the law does not allow for a menu to appear on the ballot, rather the Board makes a selection and then refers it to the voters for their approval or disapproval. Rose also explained the procedure required to amend the ordinance. Dan Tezell, a teacher of social sciences including civics, addressed the Board stating that,he likes the idea of an open forum. He stated this is not a democracy, but a republican form of government. He stated that the decisions to be made are whether the ordinance is good enough or not good enough or should it be amended through the rules to satisfy the needs. Quibbling will do nothing but polarize people. Steve Ward, representing the Fayetteville Chamber of Commerce, addressed the Board in support of the ordinance that was presented. He stated that this method of government would give good, quality representation to and for the people of Fayetteville. In addition, the reality is that each ward actually ends up with three representatives: the mayor, the elected ward representative, and the at -large member of the Board. Al Vick addressed the Board stating that Joe and Martha Robson have helped him through some hard times. He stated he respects Joe Robson because he believes in justice, and it offends him to hear Mr. Robson accused of stirring up trouble. Mayor Vorsanger asked Mr. Vick his opinion on the issue at hand, to which he responded he is in support of 6 wards. Cyrus Young addressed the Board stating that the issue that will be decided in the election will unfortunately be whether the decision making process in city government will be open to a larger segment of the community. He would personally like to see the issue be the best form of government. Young referred to the issue of compensating City Board members, stating that since the Board saw fit not to include this matter on the agenda, he sees this as the Board's intention not to open up the decision making process. Mayor Vorsanger responded to Mr. Young stating that the discussion at the agenda session ended with Mr. Spivey suggesting that the question of Board compensation be discussed after the May 26 election. • 31 February 4, 1992 Mr. Young stated that by voting before the May election on whether to pay Board members, they would be able to reassure the people of Fayetteville that they are truly interested in opening the process. Mayor Vorsanger stated that it was his understanding that the Board can vote at any time to pay themselves, so they don't need an election. He further stated that his own opinion is that he would not vote to pay himself. Mr. Young stated that the Board members have previously stated that they thought this issue should be a vote of the people; this issue should be included in the current election on the form of government. The net effect of not reimbursing Board members is that it excludes certain portions of the people. Mr. Young stated that he is in favor of 6 wards with 1 elected mayor. Director Coody agreed with Mr. Young estimating that 85% to 90% of the citizens of Fayetteville could not afford to volunteer 20-30 hours per week. Coody suggested that the issue be placed on the May 26 ballot for a vote of the people. With regard to the this being rendered a moot point if the form of government is changed, the other question of ward elections is also a moot point at that time. Therefore, Coody suggested that both questions or neither question be placed on the ballot. Director Coody made a motion to place the issue of Board compensation to the ballot for the May 26 primary. Mayor Vorsanger stated that they have an ordinance on the first reading; therefore, he can't accept Director Coody's motion at this time. Marion Orton addressed the Board in favor of the 4 ward positions and 3 at -large because it is a good balance and wouldn't cause ward wars. Most of the decisions of the Board are made for the city as a whole. Lorie Stone addressed the Board stating that she does not see anyone planting trees by Campbell Soup area but she sees them on Township. She further stated that the majority of citizens are paid by the hour and do not have time to campaign door to door as Director Henry suggested. Director Henry responded that anyone interested in running can always run a "shoe leather" campaign. There are a lot of people in Fayetteville who volunteer their time to their community and church in a service mode without regard to pay. Ms. Stone stated that having three representatives in one area of town is not fair. • February 4,..:1992 Joe Robson addressed the Board stating that:he does not like the level of personal conflict,that has been occurring and apologized for whatever extent he has participated`inthat. He has never made it a public crusade to stop 'anyone, and it is not a matter of personality conflicts, but whenever he addresses the Board, he is criticized, made fun of, or ridiculed in some manner, and this is unfortunate. He respects the. Board's point of view, but there are other points of view. • Director Nash made a motion, seconded by Coody, to amend the ordinance to allow six wards plus one elected mayor. Upon roll call, the motion to amend failed by a vote of 2 to 5, with Directors Coody and Nash voting for the amendment. Henry, seconded by Coody, 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 passed by a vote of 6 to 1, with Director Blackston voting no. The ordinance was read for the third and final time. Director Spivey stated that he is not opposed to placing the issue of Board compensation on the ballot, but he is concerned that placing so many issues on the ballot will make it confusing to the voters. Spivey further stated that although there are some weeks that Board members put in a lot ofhours, the average typical week is not 20-30 hours of volunteer time. He stated the problem he sees with six wards is that there are times when what is good for a particular ward is not good for the city as a whole and may result in requests for political favors. The three at -large directors would temper the possibility of this occurring. Director Coody concurred with Joe Robson's comments. Director Blackston stated that when the issue of director compensation was initially discussed early in 1991, it was not a matter of a vote of the people but whether the directors would vote themselves a salary. His position was that he should not vote himself a salary two months following running for a non-paying position. In the event the public votes for director compensation, there are a lot of good charities to give it to if one chooses not to accept it. In addition, he believes the city couldn't pay enough to get him to run for the position again. In conclusion, Spivey stated that he favors a public opportunity to vote on this, but he opposes the Board voting itself a salary. Upon roll call, the ordinance:.passed by a_vote of 7 to 0. • • • 93 :34 February 4, 1992 ORDINANCE 3590 APPEARS ON PAGE 77 OF ORDINANCE AND RESOLUTION BOOK XXV 1 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 January 21, 1992 regular Board meeting. B. A resolution authorising the destruction of old documents and records. Staff recommends approving the destruction of the old records. All documents have been microfilmed that are legally required to be as well as those records that Staff has deemed necessary to be filed. C. A resolution accepting Federal Grant Offer 03-05-0020-16 in the amount of $281,580 for rehabilitation of the *misting Medium Intensity Runway/Taziway Lighting System and the installation of guidance signs to comply with the new PAR Part 139 Regulations. Staff recommends approval of the grant. A 5% state matching grant will be sought for $15,643, leaving $15,644 as the local matching required for the project. RESOLUTION 16-92 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Director Nash asked that Item B be removed from the Consent Agenda. Nash, seconded by Coody, made a motion to approve the Consent Agenda. Upon roll call, the motion was passed by a vote of 7 to 0. ITEM "B" Director Nash stated that she has had some questions with regard to this resolution and requested a brief report from Staff with regard to the dates of the documents proposed to be destroyed, when the process would begin, and how the same is accomplished. City Clerk Sherry Thomas responded that the majority of these documents legally have a statute of limitations of five to seven years, a standard that most cities follow after which time the documents are destroyed. The documents are currently stored and upon Board approval, Staff would begin destruction of the old documents and recycle as many of the papers as possible. The • • February,4,'1992 b ^F_ permanent records that need to be microfilmed have been microfilmed. z Nancy Maier, publisher and editor of the Grapevine, addressed the Board urging them not to destroy these documents because there may be a change of government in the city, and these documents may be helpful to new elected officials. Maier recommended that the documents be kept on file for inspection by the press and public and suggested the Board delay making the decision to destroy records until after May. Microfilm is not easy to work with and the original documents are much more important. Giving the example of the incinerator, Maier stated that if they are to move forward in Fayetteville and learn from their mistakes, it is important that these documents be maintained. j Director Coody stated that the impression with the possibility have waited five to seven years, longer to destroy them. timing of this would make a bad of a change in government. They they can wait another few months Mayor Vorsanger stated that the majority of documents in question have to do with issues that are no longer in question or would not be of public interest. In addition, the issue of conserving space needs to be addressed. Kirby Estes stated his objection to destroying the documents because important information could get destroyed in the process. He recommended having a non -interested agency review the documents for any constitutional violation of the city administration. Director Green stated that the list of documents .do not include official incinerator documents or any other pending case, but are items such as paid parking tickets which cannot be kept forever. Nancy Maier stated that there are contracts listed which should never be destroyed. If space is the problem, one of the newspapers may volunteer to store the same. Mayor Vorsanger responded that they will be microfilmed. He further verified with City Clerk Thomas that they are following state statutes. Nash, seconded by Coody, made a motion to table Item "B" for two weeks to allow the press and any interested parties to lookthrough the documents. Director Spivey stated that he has no problem with postponing the destruction of these documents for 2 weeks, to allow for their review by any interested persons, but he,does not believe this issue should reappear on another agenda. • • • 95 96 February 4, 1992 Director Nash amended her motion to "defer" the destruction of the documents for two weeks. Director Coody reaffirmed his second to the motion. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 15-92 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK REZONING LAWSUIT At the Board's request City Attorney Jerry Rose gave a report on the lawsuit regarding rezoning of Lots 4 and 5 of the 4 acre plot known as the Parsons' property. Rose's report stated that as of last week, the Parsons' had appealed the decision of the Board of Adjustment to the Circuit Court regarding the application of the three-quarter rule. The Board of Adjustment had overruled the decision of the Planning Administrator regarding the three-quarter rule. Rose explained that it is a de novo appeal which means that the judgment of the Board of Adjustments is not in question. The standard by which it will be judged is not an arbitrary or capricious standard, but rather it is an examination from scratch -- an original de novo review of that decision. The plaintiffs will have the burden of presenting proof of their case to the court. Rose stated that he is advising both the prior and present Planning Administrators; and City Prosecutor Terry Jones will be representing the Board of Adjustments. In addition, Rose reported that late that afternoon the city was served a pleading from a group of property owners adjoining the property in question asking to intervene in the action and filing an action against the city asking for a declaratory judgment. This would declare the rezoning vote invalid because the Parsons' rezoning was brought before the Board twice within a twelve month period which is in violation of the zoning ordinance. Mayor Vorsanger asked what filing of the pleading means to the Board of Directors. City Attorney Rose responded that although he hasn't had a chance to review the complaint thoroughly, but it probably added the Board of Directors as a party, as well as the Board of Adjustments. Director Green asked Attorney Rose for a time table for which either pleading will be heard in court. City Attorney Rose responded that he received a call from the judge's chambers last week with the Parsons' attorney requesting a hearing date for the middle of February which was changed a few days thereafter. This would indicate that all parties are interested in proceeding as soon as possible, due to the reasonably straight forward nature of the matter. 4 February 4, 1992 • Director Coody asked what the Board of Adjustments' position is in this lawsuit. Attorney Rose responded that -at appears that the decision of the Board of Adjustments regarding the application of the three-quarter rule is being appealed.' In addition to that, there is a claim by the property owners that the Board of Directors improperly considered the rezoning because in their opinion, the Board considered the same issue twice within a twelve month period in violation of an ordinance. Mayor Vorsanger stated that it.came to the Board from the Planning Commission. Attorney Rose verified that the Planning Commission would also be in violation. A member of the audience addressed the Board with a letter unanimously endorsed by the Leverett faculty pertaining to the Planning Commission. She told the story of a family in Johnson who lived in an unmaintained, deplorable apartment building which burned leaving the tenant: families homeless and destitute. She posed the question whether the same person who owns this apartment building is the present Chairman of the Planning Commission of Fayetteville. If so, is a person's sense of civic responsibility waived before an appointment to the Planning Commission or is the Chairman merely planning his retirement on the profits from the ownership and rental of property so deteriorated as to jeopardize the safety of those too unfortunate to live elsewhere. Since the Planning Commission is appointed by the City Board, the Board needs to address these questions. An audience member stated that information is incorrect as the Johnson Apartments are owned by Wayne Carlson of Bentonville. Director Coody asked if Mr. Allred had any relationship to the apartments at all. It was stated that he is the property manager. Mayor Vorsanger stated that this was not the time or place to discuss this matter. 4 REZONE II Mayor Vorsanger introduced an ordinance rezoning property located on the southwest corner of Sycamore Street and Leverett Avenue from. R-2, Medium Density Residential, to C-2, Thoroughfare Commercial, as requested by Richard Mayes and E.D. Mayes. The Planning Commission voted 5 to 2 to approve the rezoning. Staff recommends the rezoning provided the owner offers a Bill of Assurance that the property would be used for the continuance of the Mayes auto shop business, and upon {discontinuance of that business, the property would revert to R-2 zoning. • • • 98 February 4, 1992 City Manager Linebaugh reported that the petitioner has requested that this item be tabled till the next agenda in order to prepare the Bill of Assurance. REZONE III Mayor Vorsanger introduced an ordinance rezoning property located on the north side of west 6th Street (Highway 62) and west of Shiloh Drive from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial, as requested by San Mathias and Mike Price. The Planning Commission voted 7 to 1 to approve the rezoning. Staff recommends the rezoning subject to the execution of a Bill of Assurance that the property will be used for a mini -storage unit only. The ordinance was read for the first time. Green, 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 7 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. Director Coody stated his concern that the addition of a storage unit facility with its chain link fence will make this area less attractive than it already is. Coody asked if they can request visual screening from the highway, other than a chain link fence (i.e. greenery or wooden fence) since this is an entrance to Fayetteville. Alett Little responded that this can be made a condition for the rezoning. She further stated that the Planning Commission discussed screening of the northeast and west sides of the facility which abuts residential property and is required under the ordinance. Director Blackston asked if there were provisions made for preservation of the large trees along the west boundary. Ms. Little responded that this was not addressed by the Planning Commission; however, this particular parcel of property is subject to the approval of the plat review and subdivision process at which time preservation of trees will be addressed. Coody, seconded by Nash, made a motion to amend the ordinance to require a visual screening facing the street. Director Nash stated that this should be addressed during the subdivision process; there is no ordinance that allows for February 4, 1992 0 requirement of visual screening. The Board could suggest. to the Planning Commission that they►ask for visual.screening. David Johnson, representing property owner Mike Price, addressed the Board stating that there has been talk of screening with 6-7 foot chain-link slatted fence with barbed wire. In addition, as many trees will be saved as possible and some will be replanted. In response to Director Nash's question, City Attorney Rose stated that he has some legal reservations with making requirements to rezoning, as it puts them in danger of contract zoning. Bilis of Assurance are usually voluntary and different from contract zoning. Alett Little stated that the owner voluntarily offered the Bill of Assurances that this property would be used only for mini -storage. She reported that there is 92.67 feet of frontage along Hwy. 62 or 6th Street. Mr. Johnson stated that he cannot speak for Mr. Mathias at this time as to whether he would be willing to screen the frontage, but he will advise Mr. Mathias of the request. Director Green stated that the Board should be hesitant in trying to dictate design decisions for developments. The zoning ordinance is set-up to givegeneral guidelines. Directors Coody and Nash withdrew their motion and second. Upon roll call, the ordinance passed by a vote of 6 to 1, with Director Coody voting in the minority. Mayor Vorsanger requested that the Director of Planning relay the consensus of the Board regarding screening to the appropriate committees. ORDINANCE 3591 APPEARS ON PAGE 97 OF ORDINANCE AND RESOLUTION BOOK )(XVI) REZONE IV Mayor Vorsanger introduced an ordinance rezoning property located on the east side of Garland Avenue and north of Mt. Comfort Road (Oak Plaza Shopping Center) from C-1, Neighborhood Commercial, to C-2, Thoroughfare Commercial, as requested by Richard Osborne on behalf of the property owner, Thomas James. , The Planning Commission voted 8 to 0 to approve the rezoning. Staff recommends the rezoningso that the entire shopping center will be zoned C-2. The ordinance was read for.the first time.. Blackston, seconded by Coody, made a motion to suspend the rules and place the ordinance 39 Aso February 4, 1992 on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Blackston, seconded by 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 7 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3592 APPEARS ON PAGE /0/ OF ORDINANCE AND RESOLUTION BOO! XXVI WHEELCHAIR TRANSIT. INC. PUBLIC SEARING Mayor Vorsanger introduced a request by G. Stan Salmonson, Jr. of Wheelchair Transit, Inc., for the Board to grant a Certificate of Public Convenience and Necessity for him to provide a transit service for the elderly, handicapped, physical therapy patients, and shut-ins. Mr. Salmonson has submitted an application for the Certificate of Public Convenience and Necessity as provided by Section 117 of the Fayetteville Code of Ordinances. His proposal is to provide a 24 hour per day, 7 day per week transit service for this special need group. Mayor Vorsanger declared the meeting a public hearing for the matter of discussing an operating license for Wheelchair Transit, Inc. Stan Salmonson, owner of Wheelchair Transit, Inc., addressed the Board stating that he would like to provide his service to the handicapped citizens of Fayetteville and Springdale. Salmonson reported that Springdale granted a Certificate of Public Convenience and Necessity at their last city Council meeting. Mayor Vorsanger stated that he believes this is a valuable service that is badly needed in the city. Lorie Stone addressed Mr. Salmonson stating that she has a paraplegic friend and commends him for initiating this service. She asked what kind of cost to the handicapped is involved. Mr. Salmonson responded that he will be charging a fee of $10 each way for a personal escort service which includes assisting people in and out of residences or buildings. Salmonson stated that this is the national average for this type of service. Due to the labor intensity involved and insurance required, the fee is necessary. For those Medicaid individuals, he will be accepting Medicaid assignment. Nash, seconded by Blackston, made a motion to pass the resolution. February 4, 1992 Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 17-92 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR CONTROLLED ACCESS HIGHWAY DESIGNATION Mayor Vorsanger introduced an ordinance designating Fulbright Expressway as a Controlled Access Highway. A Controlled Access Highway designation can be given to any state or federal numbered highway and designated by ordinance by the City Board (Sec. 158.093 of the Fayetteville Code of Ordinances). Staff recommends giving this designation to Fulbright Expressway. The ordinance was read for the first time. Planning Director Alett Little explained that Fulbright Highway is described as starting at the point where the bypass takes off heading north to the point where it exits the city, including the spur joining Hwy 71B north of town. Green, 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 7 to 0. The ordinance was read for the second time. Henry, 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 7 to 0. The ordinance was read for the third and final time. In response to Mayor Vorsanger's question, City Manager Linebaugh verified that this includes the North Hills Medical Clinic area. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3593 APPEARS ON PAGE /03 OF ORDINANCE AND RESOLUTION BOOR XX V /T FLUORIDATION OF WATER Mayor Vorsanger introduced a resolution supporting fluoridation of the city's water supply. 4 Dr. Frank Grammar, representing the Fayetteville Dental Society, addressed: the Board reiterating his previous statements that this resolution is not questioning whether or not fluoridation of the city water supply is desirable because that issue has already been decided by referendum in 1978. Since that time, there has been a continuing struggle to maintain fluoridation of the water supply. Grammar explained that due to new EPA standards, it is Beaver Water 1102 February 4, 1992 District's feeling that they cannot in a practical sense continue to provide custom fluoridation for the City of Fayetteville. Grammar continued to explain that they are requesting that this resolution pass simply to reaffirm that the City of Fayetteville is committed to a fluoridated water supply. This may be useful from a legal sense as there may be a legal mechanism by which all water from the Beaver Water District could be fluoridated. From a technical sense, if all water is fluoridated, it does not cause problems as it would if Fayetteville and Springdale's water is being custom fluoridated. Since 68% of the users of Beaver Water District currently have either passed a resolution favoring fluoridation or have voted for fluoridation in the case of Springdale and Fayetteville, there could be a legal precedent to fluoridate all the water. Grammar stated that it is incumbent upon the City of Fayetteville to explore all avenues possible to maintain this valuable health benefit. Director Henry asked Dr. Grammar if he has had an opportunity to see the difference in children brought in for dental care outside the City of Fayetteville. Dr. Grammar stated that the children he sees from the age of 6 to 12 for extractions are almost universally from outside the fluoridated area in Fayetteville, and he sees a pronounced difference. Tiny Hamilton addressed the Board stating that he will submit to the Board within the next sixty days, an item of interest pertaining to fluoridation. He explained that when the water enters the city, it is coagulated and mixes with lime causing a residual effect that potentially over the years may be causing health hazards. Hamilton further reported that Dr. L.G. Pilstrom several years ago stated that this may be hazardous, and for that reason, left the area when the subject of fluoridation came up. Dick Starr, manager of Beaver Water District, stated he was available to answer any questions. Al Vick requested that his comments made at the public comment session regarding the fluoridation issue be entered into the record. Dr. Warren Massey, pediatric dentist in Fayetteville, addressed the Board stating that he sees the results every day of fluoride as well as evaluation of annual school checks. The Center for Disease Control in Atlanta has two fluoride chemical engineers, and Dr. Massey suggested that they be invited to consult with the city Director Spivey asked Dr. Massey how long it would be from the time that fluoridation stopped on November 19, 1991, before the effects are seen. 1110 February 4, 1992 Dr. Massey responded that the effect will be seen when the next school checks are done and in the dental offices within two or three months. City Attorney Rose read the proposed resolution. Blackston, seconded by Green, made a motion to pass the resolution. Director Green stated that this particular type of water fluoridation has been in effect for many years and the track record speaks for itself, and they should encourage other communities in Northwest Arkansas join in their efforts. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 18-92 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK ARTS CENTER PARKING 'Mayor Vorsanger introduced a resolution awarding a construction contract for the Dickson Street and School Avenue parking lot for the Arts Center. City Manager Linebaugh explained that Staff recommends awarding the contract to McClinton -Anchor in the amount of $338,000.00. This contract amount is $23,029 less than the estimated cost for Phase III of the project. This phase of the parking lot project will be for the construction of 179 spaces and is scheduled to be complete prior to the first planned event at the Arts Center on April 25, 1992. Green, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 19-92 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS • BOARD COMPENSATION Coody, seconded by Nash, made a motion to place on the May 26 ballot the question of Board.. compensation: Mayor Vorsanger suggested that Director1Coody needs to check with the Election Commission regarding.the need for a separate machine at the polling places to vote on the city questions -due to the party ballots and these questions appearing on a separate ballot. • 104 February 4, 1992 City Manager Linebaugh stated that as of the 1990 Bond Election, this issue was legally addressed, and two ballots were provided. In response to Director Nash's question, City Attorney Rose responded that this vote would not be a binding vote on the City Board. Director Nash further stated that she perceives a conflict of interest in their voting themselves a salary; therefore, she asked if it would be advisable to place a date on their resolution. City Attorney Rose responded that is entirely at the Board's discretion. Cyrus Young stated that Congress has also been wrangling around with this question, and they have appointed a committee to make such decisions and collect public input before the question is presented to Congress for their vote. Director Henry reiterated her concern for open-ended pay and suggested that some sort of range be designated. Young responded that the people establish the range of pay. Director Green stated that the will allow more people to run limited and small percentage of would have a conflict with the of Fayetteville will perhaps concept that director compensation for City Board will affect a very citizens. The majority of citizens time required from city Directors. Director Blackston stated if the majority of citizens believe that this is a valid concern, will vote that way. Director Nash stated that although she is not convinced that directors should be compensated, she would like to know how the citizens of Fayetteville would vote on this issue. Upon roll call, the resolution passed by a vote of 4 to 3, with Directors Spivey, Green and Vorsanger voting no. RESOLUTION 20-92 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOR City Attorney Rose stated that he would work to be presented to the Board members. ORDINANCE FILING on a ballot proposal Director Coody asked whether the procedure for filing ordinances has been modified whereby ordinances are not filed until the 30 day period has lapsed. February 4, 1992 City Clerk Sherry Thomas stated that they checked into the state statutes regarding this, and recording the ordinances is not what triggers the effective date. Thomas stated that she is working with the City Attorney's office regarding this issue. NATIONAL LEAGUE OF CITIES CONFERENCE Director Coody reported that he and his wife would be attending a National League of Cities Conference in Washington, D.C. in March. Coody stated that he would be covering his wife's expenses, and the city would be covering his expenses. Discussions at the conference will cover budget tax deficit effects, health care, housing and community development, public access to local data bases, the environment and mandates of cities. LAKE_FAYETTEVILLE Director Coody reported with regard to the Lake Fayetteville Environmental Center, the School Board was denying use of the land for soccer fields, golf course or baseball center. He reported receiving public concern that if this issue continues to arise every three years, another use will be found for the property. Coody reported that the city has a resolution signed with the schools in 1973 allowing them to use this property for a period of at least 50 years. Coody suggested that they guarantee that the Environmental Center stay in tact, not just for another 30-40 years, but from now on. City Manager Linebaugh stated that the Environmental Center is a joint project with the Fayetteville and Springdale Public School Districts. Therefore, any operation is their business and not that of the City Board. Linebaugh further explained that this 360 acres was given to them to use for a nature study area. An area of'60 acres is currently being used for farmland and is not actually being used as a nature center area. The city has received various requests from the Soccer, Golf and Baseball Associations to look into the possible use of that 60 acres for a sports complex which was subsequently voted down by the School Board. In response to Director Coody's question, Hal Brown stated that the land being mowed is in two parcels: one at the very northern border and one at the very southern border of the study area. The land on the southern border is utilized by the Boy Scouts for camping purposes. The parcel on the northern border is about 10 acres. He stated that they are not operating a farming operation. r Mayor Vorsanger asked what the problem was as it seemed clear cut to him. • • February 4, 1992 Director Henry stated that the land belongs to the City of Fayetteville. The citizens pay for that land, and it has been leased to the city School Board for these uses. There are other demands made on this land that is not being used for the Environmental Center. With the turn over on the various committees, and the need for recreational facilities, people forget the circumstances and make requests. Mr. Brown stated he wished it was leased to the School District as it would make them more comfortable expending the money they have since 1974. The city has just allowed the School District to use the land; there is no formal lease. The areas not directly used are maintained for wildlife nursery purposes. City Manager Linebaugh reported that there has been some discussion on the Parks Board regarding this issue. GAS STATIONS Director Green stated that he has been advised of a problem with drive -offs at the convenience gas stations which is forcing at least one operator to require pre -payment. Green asked if there was anything the city could do either with the Police or Prosecutor's Offices to help with this problem. City Manager Linebaugh stated that he would look into this and get back with an answer. ADJOURNMENT The meeting adjourned at 10:21 p.m.