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HomeMy WebLinkAbout1992-02-18 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, February 18, 1992 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Julie Nash, Dan Coody, Shell Spivey, and Bob Blackstone; 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. ABSENT: CALL TO ORDER Director Ann Henry The meeting was called to order by the Mayor with six Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectfulsilence be observed. The Mayor welcomed comments on any item on the Agenda. He explained that in order to allow equal attention to all items on the Agenda, the Board requests that comments be limited to 3 minutes per person per item, and a spokesperson be elected for comments made on the same issue. 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 January, includes financial information, an update on staff activities, and items,of general interest. City Manager Linebaugh reported that there would be two special reports. Steve Ward and Jim Crider will •report on the first quarter of the new contract entered into in_1991 with the Chamber of Commerce. The 1991 Airport Board Report will be given by Dale Frederick and Kelly Johnson of the Airport Staff. City Manager Linebaugh highlighted the Washington County work release program with accumulation of 60 bags of garbage over two days; new sewer services,. namely televising private sewer lines and lines underneath the. streets 'are ;no longer the public's responsibility. Linebaugh also highlighted the new pamphlets being distributed by Animal Services to address the new animal control ordinance. • • 10� ECONOMIC DEVELOPMENT Steve Ward, representing the Fayetteville Chamber of Commerce, addressed the Board with the first quarter report on the economic development cooperative effort between the City and Chamber. He introduced Jim Crider, Economic Developer for the Chamber of Commerce; Steve Jones, consultant for the Arkansas Industrial Development Commission; and Steve Nicewarner, Community Development Consultant for AIDC. Ward explained that the joint cooperative effort began in October 1991 when Jim Crider came on board as Economic Developer for the Chamber of Commerce; the City thereafter transferred $25,000, as per the agreement. Ward reported on efforts to increase new business recruitment with, the formation of a marketing team to introduce people to Fayetteville. In response to general inquiries through AIDC, advertising and promotional activities, Ward reported on the following efforts: 1) The industry retention expansion program implemented a major employer survey in the City relating to industry needs, plans, and suggestions for future expansion; 2) An incentive package was provided to K -D Tools to complete their project; 3) Counselling and referral services was provided to six local small businesses; 4) Establishment of a library for entrepreneur development; 5) Updated the community profile for research purposes; 6) Relationships formed with other organizations working closely with chambers and Economic Development including AIDC, Swepco and Arkansas Western Gas Company; and 7) Community awareness through public speaking, involvement with AIDC and various dedication ceremonies. Ward further reported that of the $25,000 transferred to the Chamber for expenses, $16,021.82 was expended, and a check was returned to the City for the sum of $8,978.18. Mayor Vorsanger thanked the AIDC for their cooperation in the past including the improvements to the Industrial Park. Steve Ward requested that the City Board consider establishing a specific account for excess year-end revenues, to be used for future economic development activities. 1 February 18, 1992 AIRPORT... BOARD REPORT Dale Frederick, Fayetteville Municipal Airport Manager, expressed appreciation to City Manager Linebaugh, the City Board of Directors and the Chamber of Commerce for their hard work in establishing the Fayetteville Airport Advisory Board; recruiting five outstanding citizens to serve on the Board, namely, Chairman Ernest Lancaster, Vice -Chairman Leo Yanda, Secretary Rick McKinney, Harlan Tiffee, and Robert Walters, thanking them for all the time they have so freely given in helping the Airport staff to make decisions and ultimately bringing those decisions to the City Board. Frederick introduced Assistant Airport Manager Kelly Johnson to give the annual report on the status of the Airport in accordance with the Airport Board Bylaws. Kelly Johnson, Assistant Airport Manager, addressed the Board stating that 1991 was a challenging year for the staff of seven at the Airport which is open 365 days a year with terminal operation 19 hours per day, or in the case of Saturdays, 17 hours. The Airport reached an all time high in operational revenues exceeding $928,000. Air carriers contributed 26% of this revenue or $241,000; rental cars contributed 14% or $130,000. The largest revenue producer for 1991 was the commercial parking lot with the addition of over 140 parking spaces in January; introduction of long-term and short-term parking areas/rates and addition of a curb attendant greatly enhancing this revenue potential. She reported revenues of $38,718 in 1985.as compared to $241,000 in 1991 for car lot revenues. Johnson explained other revenue increases were primarily due to increased passenger traffic. 'The Airport retired its revenue bond indenture in 1991, four years ahead of schedule, placing the Airport in a totally debt -free position. In 1991, for the first time in history, blanket -level force security was imposed on all Airports in the U.S. by the federal government. The Airport met all requirements and passed several •inspections with no deficiencies noted. Johnson further explained that the Mid -East crisis created unanticipated and,unbudgeted security expenses with federally mandated airport security measures_in place from January 17 through the end of May at 4a cost exceeding $51,000. The expenses were covered by the -Airport's undesignated fund balance. 1991 passenger traffic,set an all --time record with enplanements exceeding 160,000 and deplanements over 158,000 for a total passenger count of 382,334; exceeding 1990' passenger count by nearly 4% while Airports•in other large=communities experienced passenger downturns over the same period of time. • • Johnson further reported that several -Airport CIP projects were delayed in 1991 due to the^time involved with the mandated security requirements; however, she outlined thea following projects completed in 1991: ono February 18, 1992 1) Sidewalk renovation in front of terminal building was completed by the City Street Department at a cost less than bids received Johnson commended the City Street Department for their excellent work on the project; 2) Renovation of administrative office areas in the terminal building; 3) Addition of a conference room also used for a break room for Airport Staff when not in use; 4) Centralization and organization of Airport documents; 5) Fuel farm expansion; 6) Completion of an access guard extension; 7) Additional terminal guttering was added to the structure; 8) Lights, plants, electrical outlets and mirrors were added to rest room facilities; and 9) Drinking fountains were added to meet the requirements of the Americans with Disabilities Act. Johnson explained that these projects were completed with 50% matching state grants. In addition, she outlined five federal grant projects carried forward from 1991 to 1992. Johnson further highlighted the addition of Trans State Airlines carrier operation at the Airport, offering St. Louis service direct non-stop and now providing the largest aircraft currently servicing the Airport with a 48 passenger aircraft. She reported that the janitorial program responsible for the terminal and associated grounds was supplemented with temporary services personnel due to serious illness of 2 staff people requiring 151 days of sick leave during 1991, at an additional cost of $9,000. Commencing in 1992, all janitorial service in exclusively leased air carrier areas was dropped in conjunction with the rate negotiations and lease agreement. Johnson further reported that the buildings and grounds program was behind schedule, although aided by the dry weather during mowing season. The dry, hot weather and water rationing were responsible for the loss of some small trees in the terminal area which will be replaced in 1992 as funding allows. other major functions completed in 1991 included updating and revising minimum standards, the Airport certification manual and Airport security plan; the annual Airport Certification Inspection was passed with no deficiencies noted; the administration of over 80 leases; initiation of PSCI application process; and initiation of smoke-free terminal policy. In addition, Johnson reported that ;IL February 18,1992 the baggage claim project, tied to the air carrier negotiations, has just been initiated. Johnson reported plans for 1992 with over $3 million in on-going federal grant projects including additional gate space construction; lobby furniture replacement; major general aviation ramp overlay; and renovation to the fuel farm. AGENDA CHANGES City Manager Linebaugh reported that Item No. 7 on the agenda has been requested to be removed by the Petitioner. OLD BUSINESS Items that have been brought before the Board but were tabled or no decision made to allow for further information to be presented. There was no old business to discuss. NEW. 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." ' '4 A. Minutes of the February 118, 1992 regular;Board meeting; B. A resolution awarding Bid e 91-61 to the low bidder, Lewis Ford, for 4 - 1992 Ford Ranger Extended Cab 4x2 Pickup Trucks at $11,994.00 each for a total of $47,976.00 to be used by the Meter Division. ;• - Staff recommends approval be replacement units.' RESOLUTION 20A-92 AS RECORDED . ofo-the budgetedvehicles which will p IN THE CITY CLERK'S OFFICE A resolution awarding Bid 92-3 for year period to Northwest Oil ,at pipeline. costs that will average below normal retail. -Unleaded Gasoline for a one a .variable rate based on 117,vto\24 cents per gallon + Staff recommends awarding the bid.; t' •F RESOLUTION 21-92 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution approving Amendment #1- to AIP #15, the Land/Easement Acquisition and Relocation Project, increasing '112 February 18, 1992 the federal obligation $734,536 from $1,714,703 to $2,449,239. This is a multi-year budgeted project. Staff recommends approval of the grant award. The Airport Board recommended approval. RESOLUTION 22-92 AS RECORDED IN THE CITY CLERIC'S OFFICE E. A resolution approving awarding a contract to the low bidder, Merit Electric, for airfield lighting renovation in the amount of $202,942.50 along with Change Order $1 for $2,067.30 for a total amount of $205,009.80. Staff recommends awarding the contract. The FAA concurs with the engineer's recommendations awarding the contract and the change order for additional light bases. This project is being funded through FAA discretionary revenues (AIP 3-05- 0020-16) and is necessary because of the age and condition of the current lighting system. RESOLUTION 23-92 AS RECORDED IN THE CITY CLERIC'S OFFICE Director Coody asked City Manager Linebaugh with regard to the purchase of $48,000 in trucks, whether there is still $1 million in the shop fund; to which Linebaugh responded there is at least that much. Coody further asked if shop funds could be used for the purchase of equipment. Ben Mayes responded that these vehicles are being purchased from the shop fund, not out of the general fund. Blackston, seconded by Coody, made a motion to approve the Consent Agenda. Upon roll call, the motion was passed by a vote of 6 to 0. ATTORNEY FEES Mayor vorsanger introduced a resolution authorising payment of $1,777.04 to the Nibiock Law Firm for services rendered for November and December, 1991, on the incinerator disengagement and related lawsuits. City Manager Linebaugh stated that Staff recommends payment of the fees. Linebaugh reported that the trial should begin in June 1992 on this lawsuit; therefore, the legal work will increase during that time. Blackston, seconded by Green, made a motion to approve the resolution. Upon roll call, the motion was passed by a vote of 6 to 0. RESOLUTION 24-92 AS RECORDED IN THE CITY CLERK'S OFFICE February 18, 1992 MAXEY PRESENTATION Mayor Vorsanger introduced Dr. E. Stanton Maxey to make his presentation to the Board regarding electrical currents. Dr. Maxey addressed the Board explaining the relationship between cancer, the magnetic field of the earth, and artificial magnetic fields. Maxey stated that the National Electrical Code in Article 250-21 requires grounding accomplished in such a way that there shall not be "objectionable" ground current. He requested that the Board adopt a policy enforcing the NEC Code and either set a level as to what an objectional ground current is or appoint a study group to make a recommendation. Director Green stated that from the information he has read on this issue, the data is fairly inconclusive as to the actual health risks, levels of electric magnetic fields that affect health, and cellular structure. Without a basic general consensus of the scientific and medical community that this is indeed a health hazard, he does not see what the Board can do other than keep up with the current codes, and they be enforced by City building inspectors. Green continued to explain that the only power that the Board has over Warner Cable is through their franchise agreement; without substantial evidence that these particular stray currents and fields cause health risk, there is nothing the Board can do. Dr. Maxey responded that the franchise with Warner Cable requires it to operate under the provisions of the NEC, but they do not indicate what is considered "substantial" •objectionable ground current. In terms of the epidemiology and lack of consensus, the EPA studies were held up by .large power'industry interests. Maxey stated that "consensus" is when a group can see things in the same light. There was a timewhen, there was no consensus that a meteorite could fall from the 'sky; which consensus has since changed. He reiterated that he would like the Board to enforce the NEC as far as the franchise is.concerned and determine through study what is an "objectionable" ground current. Director Green responded that he•still believes it is outside the Board's jurisdiction to define what is an objectionable ground current. The NEC's primary function is for safety as related to fires and electrical shock hazards; the actual objectionable ground currents as addressed by the NEC has no implications into stray electro -magnetic fields. Director Nash asked if there are any other local municipalities that have legislation addressing this issue. In addition, she would like to hear a response from Warner Cable whether they have any suggestions for the City to help deter the problem. 114 February 18, 1992 Mayor Vorsanger stated that besides enforcing the electrical code, the Board could instruct the Cable Board to give this some thought. Carol Broyles addressed the Board stating that Dr. Maxey assisted her in checking the electrical current in her house, and it was discovered that power lines were meeting at a point above her bed with bad grounding, causing high electrical current. Since that time, Ms. Broyles was found to have breast cancer, luckily having caught it in an early stage. She gave the statistics that cable splicers/layers have a 1111 greater chance of developing cancer than the average person. There are several precautions that the average person can do in their home to decrease the electrical current. REZONE II Mayor Vorsanger introduced an ordinance rezoning property located on the southeast corner of Wedington Drive and Double Springs Road as requested by Harry Gray on behalf of Bob Hatfield as requested in R92-6. The request is to rezone 5.49 acres from A-1, Agricultural, to C-2, Thoroughfare Commercial; 4.58 acres from A-1, Agricultural, to R-0, Residential -Office; and 10.22 acres from A-1, Agricultural, to R-1, Low Density Residential. There was no opposition to the rezoning, and the Planning Commission voted 8 to 0 to recommend the rezoning. Staff recommends approval of the request. The ordinance vas 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 6 to 0. The ordinance vas read for the second time. Blackston, seconded by Green, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 6 to 0. The ordinance was read for the third and final time. Upon roll call, the motion passed by a vote of 6 to 0. ORDINANCE 3594 APPEARS ON PAGE/Of OF ORDINANCE BOOR XX VI RIGHT OF WAY EASEMENT VACATION Mayor Vorsanger introduced an ordinance vacating a 5 (five) foot strip of right of way along Gregg Street south of Dickson as requested by Richard Shewmaker. Mr. Shewmaker is requesting the vacation to allow him to construct a stairway down to the basement of the building he owns on the southwest corner of Gregg and Dickson. The building currently does February 18, 1992 not conform to the setback requirements. The 5 foot strip of Gregg would leave him with a 4.7 foot setback instead of the 5 feet required. The ordinance was read for the first time. Green, seconded by Nash, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by.a vote of 6 to 0. The ordinance was read for the third and final time. Director Coody asked what this abandoned strip of land does whenit turns into someone else's building. City Attorney Rose responded that the 5 foot vacated only covers the Shewmaker's property, and the right-of-way then returns to its original place. Director Green pointed out that Swepco and Warner Cable requested utility easements for overhead lines. Upon roll call, the motion passed by a vote of 6 to 0. ORDINANCE 3595 APPEARS ON PAGE /01 OF ORDINANCE BOOK XX YIh • DRUG ENFORCEMENT GRANT • • Mayor Vorsanger introduced a:resolution adopting a revised 1992 Drug Enforcement Budget and adopting a budget adjustment increasing the transfer from General Fund by„$22,797.. at City Manager Linebaugh explained that Staff recommends approving these changes which are required because the federal funding has been reduced for drug enforcement agencies in the State of Arkansas. The revised budget consists of $223,566 of federal funds and $74,522 in local match for a total of $298,088. This resulted in the loss of one city officer in the.program. This officer was placed back into the City's patrol program'in,one of the new slots created by the property tax,ancrease. • Green, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the motion was passed by a vote of 6 to O. - I 4 RESOLUTION 25-92 AS RECORDED IN THE CITY CLERK'S OFFICE METER READING DEVICES Mayor Vorsanger introduced an ordinance waiving the requirements of competitive bidding for the purchase of•an upgrade for six (6) hand-held meter reading devices in the amount of $14,058.00. 1. 416 February 18, 1992 The ordinance vas 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 6 to 0. The ordinance was read for the second time. Blackston, seconded by Green, made a motion to further suspend the rules and place the ordinance on its third and final reading. upon roll call, the motion was passed by a vote of 6 to 0. The ordinance was read for the third and final time. City Manager Linebaugh explained that Staff recommends waiving the competitive bidding requirements and approving the purchase of the devices. This upgrade will improve reading time by reducing the frequency that meter readers have to travel to and from the Operations Center to down load their reads into the computer system The original system was bid in June 1988 and was awarded to Rockwell International. Bidding out the upgrade for the Rockwell equipment would not be feasible, and the Rockwell equipment has proven to be efficient. upon roll call, the motion passed by a vote of 6 to 0. ORDINANCE 3596 APPEARS ON PAGE /o9 OF ORDINANCE BOOK XXV/ ACCESS EASEMENT Mayor Vorsanger introduced an ordinance vacating an access easement that was taken by the City in 1970 in connection with the 36" water line from Beaver Treatment Plant as requested by James Cypert and Jerry Clark. The request is to vacate a 50 foot easement that has never been utilized by the City and has always had a church building located on it. The proposal is to vacate the original access easement in exchange for a new easement. Staff recommends the vacation of the existing easement and accepting the new easement. The ordinance was read for the first time. Green, ssaonded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion vas passed by a vote of 6 to 0. Ths ordinance was read for the third and final time. upon roll call, the motion passed by a vote of 6 to 0. ORDINANCE 3597 APPEARS ON PAGE /1/ OF ORDINANCE BOOK)CX YI t February 18, 1992 CERTIFICATE OF REGISTRATION FOR BUILDING PERMITS Mayor Vorsanger introduced discussion of an ordinance requiring a certificate of registration under Act 859 for the issuance of a building permit for certain residential dwellings. Staff recommends setting a date for a public hearing to allow local homebuilders and other interested individuals an opportunity to communicate with the Board and staff concerning Act 859. Director Blackston stated that until the various parties are present that will be affected by this ordinance, there is no need to go into a lengthy discussion at this time. Considering the amount of interest shown, he suggested that they set this public hearing at the earliest possible date and stated he would like to see it in March. Director Green requested that they needed to get the word out to the builders about the public hearing. Mayor Vorsanger suggested that they advertise this public hearing in such a way so that 'everyone interested would receive notification. He also suggested the possibility of mailing notification to all builders. In addition, Vorsanger asked whether they -should have this as a separate public hearing rather than part oftheirregular Board meeting. City Manager Linebaugh responded that Staff was recommending a separate meeting and proposed March 24 for the public hearing. This date was agreed upon by the Directors and the public hearing will be set for March 24 at 7:00 p.m. • Director Nash stated that they, should contact the Northwest Arkansas Homebuilders Association. OTHER BUSINESS • • • • There was no other business to be discussed. ` ADJOURNMENT The meeting adjourned at 8:52 p.m. •