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HomeMy WebLinkAbout1992-04-21 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, April 21, 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 Bob Blackston, Ann Henry, Julie Nash, Dan Coody, Shell Spivey, and Bob Blackston; City Manager Scott Linebaugh; City Attorney Jerry Rose; City Clerk Sherry Thomas; Director of Planning Alett Little; Director of Administrative Services Ben Mayes; members of Staff, press and audience. 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 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. Mayor Vorsanger asked the University of Arkansas students present to introduce themselves and the groups they represent. A student in the audience stated he was a student in a government class at the U of A and explained that as a class assignment, they were to attend a City Board of Directors meeting and write a report. Another student stated that his group was present as part of a writing assignment for a journalism class at the U of A. 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 March, includes financial information, an update on staff activities, and items of general interesti. City Manager Linebaugh announced that inAddition.to his report, there would be an awards presentation for "Earth Day" given by the Waste Recycling Coordinator Bruce'Culley. DEDICATION . City•Manager Linebaugh stated that the dedication of the new drop- off recycling station located at Betty Jo Corner on Wedington Drive 236 April 21, 1992 would take place at 10:00 a.m. on Wednesday, April 22, making a total of eight drop-off stations throughout the City. FINANCIAL INFORMATION Linebaugh reported on the City's balance sheet with assets of $198 million; liabilities of $37 million; and fund balance of $160 million. For the period ending March 31, 1992, total revenues were $12.9 million, and total expenditures were $13 million. WILSON PARR Linebaugh highlighted that a pathway around the park for walkers, joggers, and bicyclers is scheduled to be constructed this summer in Wilson Park, one of Fayetteville's oldest and most popular parks. This project has been a high priority on the park master plan for several years. Drainage problems in the area will be corrected at the same time as well as preventing parking on the park ground. COMMERCIAL DRIVING LICENSES Linebaugh highlighted the commercial driving license status, that had an April 1 deadline, has been met by the City with virtually all required City employees having obtained their licenses. FIRE DEPARTMENT GRANT A $1,000 grant was received by the Fire Department from Factory Mutual Engineering for the Juvenile Fire Setter's Program to provide public education, interviewing, counselling, and referrals to other agencies. Linebaugh reported that a grant was received last year for arson prevention activities. WALTON ARTS CENTER Linebaugh announced the opening of the Walton Arts Center would take place this coming weekend with the ribbon cutting at 4:00 p.m. and encouraged citizens to attend this important event. EARTH WEE! Mayor Vorsanger read the following proclamation for "Earth Day": WHEREAS, "Earth Day" is Wednesday, April 22, 1992; and WHEREAS, the planet's environment is being endangered by human activities; and WHEREAS, global warming, ozone depletion, deforce station, leaking landfills and proliferation of toxic wastes ti. V April 21, 1992 are problems that, if ignored, can threaten the health of all living things; and WHEREAS, the citizens of Fayetteville recognize the importance of protecting the environment and the impact clean air and water have on our quality of life; and WHEREAS, to help protect the environment, people should act in an environmentally sensitive fashion by recycling, composting, conserving energy and water, and using efficient transportation; and WHEREAS, awareness of the importance of acting in an environmentally sensitive fashion, can be heightened by the actions of individuals, governments, schools and businesses; and WHEREAS, the City of Fayetteville encourages people to act in an environmentally sensitive fashion. NOW THEREFORE, I, Fred S. Vorsanger, Mayor of the City of Fayetteville, do hereby proclaim the week of April 19 - 25 as "Earth Week" in order to increase environmental awareness. Mayor Vorsanger commended Mary Loots and Clyde Randall, membersof the City Staff, for riding their bicycles to work ona daily basis. Riding bicycles benefits the environment by saving gasoline, doesn't contribute to global warming, lessens traffic congestion, promotes health and generally contributes to a better environment. Mayor Vorsanger stated that Mr. Randall, head draftsman and employed by the City for 18 years, started riding his bicycle daily in 1983 and rides two miles round trip which takes 8 minutes each way. Ms. Loots, librarian, employed by the City for 10 years, has been riding her bicycle daily in 1989 for eleven miles one way and takes her one hour. Vorsanger presented each with a certificate of appreciation for their efforts that benefit the environment. Mayor Vorsanger commended -Bruce Cully and. Greg Fields, members of the City Staff, with a recycling achievement award from the Altrusa Club. The award commends the City of Fayetteville as one of the highest recycling achievers -of the year. Bruce Cully, Waste Recycling Coordinator;' stated that the credit for the recycling program should go-- to the citizens of Fayetteville. Cully further commended the.'.recycling/composting employees, Kelly Runyan, Joan Van Riper, and Jeff Tessar. Cully reported the citizens of Fayetteville had =a record recycling participation rate of 35% with lowlevers of contamination from the materials received. DPC&E;,.states;thatt15%'is a high achievement with a drop-off program. Although the City doesn't have an environmental affairs office, the City Horticulturist, Patty Irwin, and Cully work in this capacity... -' 238 April 21, 1992 Cully reported on collected quantities of recyclables from March 1990 through February 1992 as follows: Newspapers - 592 tons in the first year, 554 tons in the second year at a 6.42% decrease, for a total of 1,146 tons; Glass - 142 tons in the first year, 383 tons in the second year at a 170% increase, for a total of 525 tons; Aluminum cans - 14.5 tons in the first year, 20.5 tons in the second year at a 41% increase, for a total of 35 tons. Cully explained that these figures show an interest in recycling city- wide. The reduction in the total waste stream, with just the City's residential recycling program, is 11.45%. The City's total waste stream reduction, including commercial, is a 3.28%. Cully further reported that Wal Mart's recycling program has brought in 300 tons of newspaper, 52 tons of plastic, and 3 tons of aluminum cans per year. The EPA has set a 1995 target of 25% reduction in the waste stream. The City of Fayetteville currently has a 24.9% reduction including the Wal Mart program Cully stated that Wal Mart's future recycling plans will have an effect upon the City. Wal Mart is considering donating their containers and the use of their parking lots to the City for continuation of the recycling program. Advantages of this alternative include centralized processing and marketing which would lower the cost per ton of material with better rates and prices. Disadvantages include starting an entirely new system with different collection, unloading, and processing equipment, plus handling plastic for the first time. In addition, the institution of a curbside collection program in the future would eliminate the need for the recycling drop-off containers. Should the City decide to take this route, Wal Mart is prepared to assist the City in the transition to combine the programs. Cully reported that the Composting Program had distributed compost three different times, twice in 1991 and once so far in 1992. In 1991, 1038 cubic yards of composting material was distributed and 360 cubic yards to date in 1992. This program has been very popular with the entire 360 cubic yards disbursed to 119 people in 8 hours. Cully expects 3 distributions in 1992 and to produce 1,200 cubic yards of compost for the year. He further commended Greg Fields for this program which has instituted better collection procedures at a much lower cost. In 1992, 1,258 cubic yards of leaves, 10 compacted cubic yards of grass, and 1,024 cubic yards of brush have been collected. Cully stated that the newest development for the Composting Program is a tub grinder for which a $125,000 grant was received last spring from DPC&E. Research has been done on tub grinders and bids will soon be taken for this purchase. He explained the tub grinder will allow for processing expansion at the composting facility and is the only way to process brush which is turned into mulch. In addition, with the tub grinder, wood waste such as pallets, packing crates, manufacturing wood waste, construction and demolition debris can be processed into paper pulp. April 21,. 1992 According to Cully, future plans for recycling and composting within the City of Fayetteville will be heavily impacted by the new 4 -County Solid Waste District. Drawbacks will be complications in planning to eliminate duplication of services and facilities, adopting technology that would not coordinate with the 4 -County Solid Waste Water District's system, and spending money on facilities or materials that the District would otherwise build using their money. Cully further explained the benefits of the 4 - County Solid Waste District are .shared capital costs by a larger group over the 4 counties, better markets and shipping rates, and larger revenues will be generated due to the increased supply of materials. Plans include moving into the commercial sector, which generates 60% of the City's trash,.with plans to pursue commercial cardboard and office paper recycling. A steel can recycling program, education in back yard composting, and reduction of household hazardous waste are planned for the residential sector. Education in waste reduction for both residential and commercial sectors is also planned. All current recycling efforts will keep up with population growth but will not reduce the amount of waste produced. Director Coody asked Cully to further explain the plans for collection of commercial cardboard. He responded they are working with businesses to enable them to benefit from separating cardboard from regular trash. Cully further stated that processing has posed the biggest stumbling block. Abilities Unlimited is nearly at the capacity of their building, and a new processing facility will be necessary with the addition of commercial cardboard. ,Director Coody asked about the cost involved in pick-up and de - bagging related to composting. Cully responded that he doesn't have those figures at this,time. Director Coody reported that.North Carolina uses paper bagsmade out of recycled paper and questioned whether this would be a cost- effective alternative for the City of Fayetteville. Cully responded that Staff has researched this alternative. Paper bags cost approximately 35 a piece,' compared to less than 5G for plastic bags. Beyond the cost'facto'r, distribution poses the greatest problem. t_ ! 3 t• 'Director Coody reported that Seattle collects paint and instead of disposing of it, they mix it into one big batch, tint it to a pleasant color, and sell it for $5 per gallon. Cully responded that this procedure is termed "bulking," and Staff has been researching the program. ` He further stated that latex paint does not require hazardous waste landfilling and is recycled fairly readily. In addition, the U of A and high schools' theater departments can always use paint .for painting sets. He explained “'2t0 April 21, 1992 the way to deal with unusable paint is to let it dry out and harden up completely to prevent leakage into the water supply should the landfill leak. Director Coody read a letter that he had written to President Bush regarding the President's attendance at the Earth Summit in Rio de Janeiro. He presented it to the other Board members for their signatures. 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. BUILDERS' REGISTRATION REOUIREMENT Mayor Vorsanger reintroduced an ordinance requiring state registration for all builders (1-4 dwelling units) wishing to obtain building permits within the City. This ordinance was left on its first reading at the April 7, 1992 Board of Directors meeting in order to receive additional public input. Mayor Vorsanger announced that the Board wishes to leave the ordinance on its second reading to allow for further public input until the next regularly scheduled Board meeting at which time the ordinance will be read for the third time, and the Board will vote on the ordinance. The ordinance was read for the second time, and left on its second reading. Director Coody asked Director of Planning Alett Little if she had received word from Home Builders Association on their self-insured pool. Little responded that they have promised to contact her as soon as they have further information, but to date have not done so. 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.” A. Minutes of the April 7, 1992 regular Board meeting; B. A resolution approving a contract in the amount of $10,710 plus expense reimbursement not to emceed $2,500 for a total of $13,210 with Wittenberg, Delony & Davidson, Inc., for the April 21, 1992 architectural design of the Airport Terminal Gate Expansion project; Staff and the Airport Board recommend awarding the contract to WD&D who was selected according to the City's professional selection policy from the five firms submitting statements of qualification and bids on the project. ' f . RESOLUTION 60-92 AS RECORDED IN THE CITY CLERK'S OFFICE C. REMOVED FROM CONSENT AGENDA D . A resolution authorizing the purchase of a 1992 Ford 15 passenger diesel powered van for.the,Youth Center from Ron Blackwell Ford for $20,611; *' '`t Staff recommends the'purchase.of the_van for which the City will fund $10,305.50, "and the Youth Center will fund $10,305.50. This unit will replace a 1986 Dodge Van that is being traded in with this purchase. } RESOLUTION 61-92 AS RECORDEDvIN THE CITY CLERK'S OFFICE E . REMOVED FROM CONSENT,AGENDA ' 3 F. A resolution approving«the renewal'of the contract for a Land Agent with Ed Connell at a maximum .cost of $30,000 for the period April 16, 1992 to r - Staff recommends renewal 8.8% increase over last 0 RESOLUTION 62-92 AS RECORDED April 17,. 1993; of the contract which represents an years contract amount. IN THE CITY CLERK'S OFFICE G . A resolution awarding a bidfor the purchase of Aluminum Trench Shields to the -low bidder, Shoring International, Inc., at a cost of $12,000 which provide for employee safety in excavations that exceed 5 feet in depth; Staff recommends the purchase of the safety equipment which is also required by new OSHA regulations. RESOLUTION 63-92 AS RECORDED IN THE`CITY CLERK'S OFFICE H. A resolution approving an engineering contract with RJR and Associates for $255,000 plus a contingency of $25,500 for work connected with sewer rehabilitation in the Wilson Park area; Staff recommends approval of the engineering contract for this budgeted project. RESOLUTION 64-92 AS RECORDED IN THE CITY CLERK'S OFFICE 212 April 21, 1992 I. REMOVED SROM AGENDA AT TEE BOARD AGENDA SESSION 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. WALKER PARR EXPANSION Mayor Vorsanger introduced a resolution authorising the Mayor and City Clerk to execute documents required for the purchase of property consisting of approximately 31 acres from the estate of Bryan Walker for the expansion of Walker Park. The Parks and Recreation Advisory Board and Staff recommend approving the purchase of this budgeted project at a negotiated cost of $200,000. This additional space will be utilized for parking facilities and soccer programs as requested by the Bambino Baseball Association and the Soccer Association, and a nature area for passive recreation. Green, seconded by Henry, made a motion to approve the resolution. Director Blackston stated this is a golden opportunity for the City to add to Walker Park. Director Coody inquired as to the percentages for use by the Baseball and Soccer Associations and plans for the number of fields at Walker Park as well as the planned size of the nature area. Parks Board Chairman Steve Alexander responded that Director Coody's question has yet to be answered, and there is not a master plan for this particular area. Alexander stated that the critical parking problem at the park needs to be addressed. The baseball program has grown from 1984 to 1991 approximately 25%; the soccer program has grown at approximately 42%. He also reported on the possibility of a Senior Citizens' park being developed at the north end of the land. Director Henry asked Dale Clark how many acres are currently involved with soccer and baseball at Walker Park. Clark responded there are approximately 37 acres currently in use. Henry stated this would create a park where a great percentage of the space was utilized for organized activities as the majority of organized baseball and soccer leagues hold their games at Walker Park. Dale Clark, Parks and Recreation Director, responded that all youth baseball from 6 through 12 years of age use this park. The current park necessitates that the Babe Ruth league, 13 through 15 year olds, play on the same size dimension field which is a problem that needs to be addressed. He further reported that all ages, 1 April 21, 1992 primarily older youngsters, are participating in the soccer program. Henry stated there is a lot of land in this area, and they need to try to balance the needs of organized activities and an unorganized area in order to meet the needs of many different groups. Mayor Vorsanger reported.,.that themajority of Walker Park complaints he receives regard the conditions.of the rest rooms and suggested this situation be addressed in the plans for this park. Clark responded that there are restrooms at the concession building located at the six -field area anda facility'located at the east end of the park. He agreed with'Mayor .Vorsanger thatanother facility is needed in close proximityto the playing fields as well as the need for restrooms •to serve the soccer fields in the northern section of the park. �- •e 4» Director Spivey stated that there is aUlarge`house in good repair located on the acreage and.reported discussion from Board tour on converting this for child care orFexpansion of the Latchkey Program of the Youth Center. He stated his total support for this plan. The price is right, and this will be a real benefit to the City for years to come. t Clark stated, the house is:approximately 2400 square feet with a value of approximately $61,000. He further stated that if you take the value of the house from the $200,000, the price of land averages to $4,600 per acre. • Steve Alexander stated with the purchase -of this property, they have the opportunity to build a premiere facility in the area, and this property lends itself to the child care concept. Director Green commented that this is an opportunity the City can not pass up. A piece of property adjacent to the existing park, the price is right, and it will serve a lot more citizens per dollar than anything the City can do right now for the Parks Department. He further reported that only 40 parking spots currently exist, and this matter needs to be corrected. Dennis Kelly, President of Fayetteville Youth Baseball League, addressed the Board in support of the resolution for expansion of Wilson Park. Kelly stated that in the baseball program for ages 6 to 15 year olds, there are 1,050 players making up 64 teams. Walker Park currently has six fields on which they play five nights per week with all practices taking place on Saturdays. He further reported that there are roughly 172 coaches and board members who are volunteers to this program. Kelly reported there are approximately 186 team parents who volunteer their time to sell candies in support of the program. Kelly stated at the present time, the program is two fields short, and it is projected that at 914 April 21, 1992 least another 112 players will sign-up for the program next year which will add four new teams to the roster. Another concern of the parents is for the safety of their children due to the poor parking conditions. Kelley reported that attendance per night reaches over 1000 people. Kelley further presented the Board with a petition in support of the expansion of Walker Park. Director Spivey commented that the cost to construct a softball field is much higher than anyone would figure. Kelly responded that in addition to the amount paid each year for insurance, the cost of uniforms and equipment is overwhelming. He reported this year they raised $12,000-$14,000 to get the program started. The immediate dire need is for two additional fields, increased parking, and facilities. In response to Director Spivey's question, Kelly stated without any solicitation, the program was filled and to date, approximately 10- 12 children have been turned away. Mayor Vorsanger commented that fortunately, the funds for this acquisition were set aside out of the General Fund for the expansion of Walker Park. Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 65-92 AS RECORDED IN THE CITY CLERK'S OFFICE SEOUOYAH/HYLAND PARE AREA WATER IMPROVEMENTS Mayor Vorsanger introduced a resolution awarding a construction contract to the low bidder, BB&B Construction Company, Inc., for the Mt. 8equoyah/Hyland Park water system improvements project in the amount of $304,725.50, plus a 5% contingency in the amount of $15,236.27. Staff recommends approval of the contract which will provide for more storage capacity for peak usages and provide for flows and pressure stability for the Hyland Park area. City Manager Linebaugh explained this project began in 1990. The weak pressure systems located in the Hyland Park and Mt. Sequoyah areas are poor and need immediate attention. Linebaugh reported that besides a public hearing, there have been many meetings with the property owners in the Hyland Park area discussing the placement of water tanks. Linebaugh reported that nine alternatives were developed and evaluated. The method chosen is to renovate the existing booster station in the Hyland Park area, place a new pump station on Mt. Sequoyah adjacent to the existing water tanks, and construct a new water line that will make a loop at Manor Drive. Staff believes a;. x, 91N April 21, 1992 this will be a major improvement to water pressure in the area and eliminate the need for additional water tanks. • s Henry, seconded by Blackston, made a motion to approve the resolution. �+ - Upon roll call, the motion was passed by a`Vote of 7 to 0. RESOLUTION 66-92 AS RECORDED TN THE CITY 1• CONDEMNATION CLERK'S OFFICE Mayor Vorsanger introduced an*ordinance authorizing condemnation proceedings on Tract #59 consisting of two acres which is part of the Airport Federal Land Acquisition Project area and is owned by Mr. and Mrs. Buster Carlisle. The Airport Board and Staffyrecommend the condemnation proceedings. The City offered the appraised amount of $10,000 for the parcel, but the Carlisle's have rejected this offer. t The ordinance was read for the first time., Green, seconded by Blackston, made a motion 'kto 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 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. , City Manager Linebaugh reported that two appraisals performed by .Reed & Associates and Appraisers, Inc. were for $10,000; Mrs. Carlisle has verbally made a counter offer of $25,000. This project is important for the obstruction removal and runway safety project, and this is the only course of action that can be taken to acquire this parcel of land. Mayor Vorsanger verified that in a condemnation proceeding, a Judge will make the judgment as to what the .City will pay for the property. Director Nash asked what reason the Carlisle's give for their counter offer of $25,000. Linebaugh responded they are comparing the property to another parcel in the vicinity on which a gas station sits. In response to Director Coody's question whether these properties are contiguous, Dale Frederick, Airport Manager, responded that this. property is a quarter of a mile north of the existing gas station. April 21, 1992 Director Henry commented that it is Highway 71 frontage, and the Carlisle's have lived there for 30 to 10 years. ' Frederick responded that the Carlisle have already settled on their residence, and this is only a v4 ant lot. Director Nash asked if they had an aveage of the current price for property in Greenland. Frederick res onded he does not have that information with him, but the apprai4ers use current land prices when making their appraisals. He ;further explained that the negotiations have been left strictly with the local appraisers who were retained by the consultants. upon roll call, the motion passed by a vote of 7 to 0. City Manager Linebaugh stated that an emergency clause was needed for this ordinance. Director Coody asked for the purpose of the emergency clause. City Attorney Rose responded it is necessary as a precaution for immediate expedition of the proceedings through Court. Nash, seconded by Green, made a motion to pass the emergency clause. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3608 APPEARS ON PAGE 133 OF ORDINANCE BOOR X X V 1 SLUDGE MANAGEMENT/ODOR ABATEMENT STUDY Mayor Vorsanger introduced a resolution awarding a contract in an amount not to exceed $87,700, which includes $9,000 for expenses and $4,515 for contingencies, to Black & Veatch for a Sludge Management and Odor Abatement Study at the sewage treatment plant. Staff recommends awarding the contract which was called for in the Fayetteville Vision process. The study will ensure that the City's plant complies with all current and expected federal and state sludge regulations as well as make recommendations to markedly reduce or virtually eliminate the odors associated with the facility. Green, seconded by Blackstone made a motion to approve the resolution. Mayor Vorsanger read a letter from Mr. J.W. Carson, President of Carson Engineering and Manufacturing, and resident in this area, addressed to City Manager Linebaugh and the City Directors, stating that the odor problem at the serer treatment plant has not been solved and that it diminishes the quality of W. for his family and employees, and reduces the value of his property by a high April 21, 1992 percentage. Carson further stated that technology is'available to eliminate the odor problem and insisted that -studies be completed as soon as possible and action be taken to correct the flaws in design and construction that allow the odors_to escape. City Manager Linebaugh explained this isyonly one in many steps the City has gone through with management studies, changes in the handling process, and -removal of sludge. 'These efforts have made an improvement to the odor problem. Linebaugh acknowledged that the odor problem still exists and needs further work. Staff selected Black & Veatch through .the selection policy as the engineers to perform the.study for•which a price of $87,700 has been negotiated. Linebaugh explained the:: five phases of the project which is expected+ -for completionin August of 1992: 1) beginning of the general project; 2) study of sludge management practices and alternatives; 3) study of odor abatement options; 4) workshop; 5) technicalmemo to assist.Staffrin how to deal with the odor problems. • Z t• k Director Blackston stated hd had received calls from residents expressing their concern that nothing had been done about the odor problem. #' .r • Director Nash stated she also had received calls about this problem. Harley Brigham addressed himself .and City Staff the Board over the 4! and read,several letters between past few years regarding this problem. Upon roll call, the motion was passed by a vote.of 7 to 0. RESOLUTION 67-92 AS RECORDED IN THE CITY CLERK'S OFFICE AUGUSTINE SETTLEMENT OFFER Mayor Vorsanger introduced consideration of a resolution accepting a settlement offer in Augustine v. Board of Adjustment. • Dr. Augustine was denied a setback variance by the Board of Adjustment for property located at 2336 Hatfield. He appealed the decision to the Circuit Court and has now offered a settlement to the City. In the survey process, it was discovered there was a City sewer line easement across the Augustine property which has not beenpurchased by the City. Dr. Augustine has offered to settle by reducing the size of his structure thereby reducing the setback violations, dropping the lawsuit, and selling the existing easement to the City for $657.00. Attorney Bill Greenhaw, representing Dr. Augustine, explained the offer presented is indeed a compromise solution. Dr. Augustine is granting the easement to the City, which they have already taken April 21, 1992 from him, and they feel this is in the best interest of both parties. Director Coody stated since the City was selling variances, he asked whether Dr. Augustine would be interested in trading the easement for his 41 foot variance. City Attorney Jerry Rose stated the City definately was not selling variances. The matter before the Board is a settlement offer on a lawsuit. Dr. Augustine stated in 1985 he granted the City an easement on the south side of his property, and he reported the City now has easements on the north, south, and west sides of his property. Greenhaw explained that Dr. Augustine is not currently violating any setback because nothing has yet been constructed. He is merely seeking a variance at this time, so there is no reason to impose a penalty as there is no violation. Greenhaw explained the figure of $657.00 is the exact amount of money that Dr. Augustine will have to pay to re -do the footings on the property to comply with the City Engineer's specifications. He further stated that they are not looking for a windfall situation but simply to put Dr. Augustine back in the same position he was in before the whole episode began. At the time the house was originally built and the building permit awarded, there was no knowledge on Dr. Augustine's part that there were set -back violations nor an unauthorized City utility line in his backyard. Director Nash asked if the other residents on this street have the same easements that Dr. Augustine does. Greenhaw responded that he has only examined his client's situation. Nash stated settlement is in order if there are extenuating circumstances, and Dr. Augustine should not be treated differently than the other residents. Director Coody stated his concern is that Dr. Augustine receives his variance as well as trying to save the tax payers $657.00. Director Green asked how these errors contractor should have known where the were located. City Planning Director Dr. Augustine was under the impression on his property ten feet, and when the was not the case. were made. Dr. Augustine's set -back and property lines Alett Little responded that that the fence line set back property was surveyed, this Director Green asked when the sewer line was actually installed for which an easement was not received. Little responded that an easement was acquired at the time the sewer line was installed; however, it was not installed in the easement. 04. April 21, 1992. Little reported that the<.Board of Adjustments had been provided with this case information and was invited,to appear before the Board of Directors if they had any additional information to which to they declined. t Spivey, seconded by Coody,.made a. motion togapprove the resolution. Director Blackston asked if)the acquired easement was also across Dr. Augustine's property. Little responded that it is. ,Director Coody asked.; if „the pipeline !will be crossing other people's property that aretnot.in the easement. Little stated that it would take a survey to -determine that. Director Spivey asked if;the City would=be,.keeping the existing easement. Little responded that they would be keeping it. 1 44 4 Sue Madison, property owner to the north of Dr. Augustine, stated the original request was forva variance of.91/2 feet, and he was 101 feet from the property line.,` If he reduces it 6 feet, he then only has a variance of 31 feet. , • City Attorney Rose stated that he will check into this, and Dr. Augustine will not be granted more than what is needed to build the 18 x 24 foot structure. : upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 68-92 AS RECORDED IN THE CITY CLERK'S OFFICE BRONSON SETTLEMENT OFFER Mayor Vorsanger introduced consideration of a resolution accepting a settlement offer in Bronson v. City of Fayetteville. Mr. Bronson was denied a setback variance by the Board of Adjustment. He appealed the decision to the Chancery Court. Mr. Bronson is offering to settle in one of three different methods, and he would be willing to accept either method the City would prefer. City Attorney Rose explained the Board has examined the property and Mr. Rick Osborn, attorney for Mr. Bronson, was present to offer a menu of settlement choices. Rick Osborn addressed the Board explaining that Mr. Bronson's street is parallel to College behind Evelyn Hills Shopping Center and cannot be reasonably extended due to the location of Keyport Storage. Osborn explained the majority of Fayetteville streets are owned to the center of the street; this is not an easement - the street is owned. Osborn explained one settlement option is to restore the property to Mr. Bronson with ownership to the middle of 220 April 21, 1992 the street, at which time he would give the City any easement they request at no charge. He desires to build a standard 20 x 22 foot garage; the other 6 feet requested on the west side of his home toward the street is for an expansion of his master bedroom. Osborn reported that Mr. Bronson's neighbor does not want the house expanded closer to him. Since this is a dead end street, Mr. Bronson would like to accommodate the neighbor as well as himself. In addition, Mr. Bronson has designed it in such a way to save all the trees on the property. Mr. Bronson secured letters of consent and support from all the neighbors, including Fay Jones. Osborn stated that any of the three methods offered by the Bronsons to settle are acceptable. City Attorney Rose explained that if the Board desires to settle the case, he would advocate a "straight forward deal" and recommends the option whereby Mr. Bronson drops his quiet title suit, with prejudice, whereby he is seeking to quiet title to a portion of land that is not currently used for a street in front of his house. In exchange for dropping the suit, the City would award Mr. Bronson the variance to allow him to build his structure. Planning Director Alett Little reported that the Board of Adjustments has reviewed this matter and decline to respond. Little stated the variance would be 11.8 feet if a 28 foot addition was constructed. Mr. Osborn responded that the figure of 11.8 feet sounds like a lot, but this is not the standard 30 foot street, it is a 50 foot street. Director Nash concurred with City Attorney Rose that the best option to take was the variance in exchange for dismissal of quiet title suit. Director Green asked what makes this street different than all the others as far as how the deed was structured. Mr. Osborn responded that Mr. Abshier simply deeded the street to the City with a significant reservation in the deed, specifically restricted use as a 50 foot street. If it ceases to be used, then it reverts to the property owner which is the basis for the lawsuit. Current procedure used by developers is to put an easement on the plat and when it is approved, the easement for streets is established. City Attorney Rose stated that this is a very unusual situation. Director Green stated that this is a very unusual type of deed arrangement, and the Board is not "opening the flood gates" on this type of action. Planning Director Little further explained that even though this is unusual, in the subdivision platting process it would be normal for April 21, 1992 i. the developer to dedicate the right-of-way for the street to the City and in that event, the;propertytline;then goes to the edge of the right-of-way, not to the center of the street. e Director Henry asked Ms. Little if she concurred with Mr. Osborn's statement that the street could not. be extended. She responded that it was her understanding that the street would progress in a northerly direction .and would have a .very .steep incline to intersect with Ash Streetrand would be east of Keyport Storage. This street has been therefor 37 years; and the City has no plans for such development. - r Director Blackston asked Ms. Little if there are any other streets in Fayetteville that are. deeded in this manner. She responded that she has no record of any,.and this7is the first of this kindathe City Engineer has seen in,his 20 years'working for the City. Green, seconded by Nash, made a motion to approve the resolution. Upon roll call, the motion.was passed by a.vote of 7 to 0. RESOLUTION 69-92 AS RECORDED IN THE CITY CLERK'S OFFICE OTHER BUSINESS .WALTON.ARTS CENTER City Manager Linebaugh stated that at a Special Board Meeting on April 15th, a change order was approved in an amount not to exceed $30,000 for McClinton Anchor to do drainage work in front of the Arts Center. After exploration of sub -surface conditions, this project will involve more work than anticipated. Linebaugh explained the changes from the original design including additional trench depth, additional 70 foot of coated pipe,.. and a requirement for a junction box. Linebaugh stated that in order to accommodate these new changes, Staff is requesting that the Board rescind the resolution from the Special Board meeting and pass the new resolution for $34,800, increasing the contract by $4,800. In response to Director Nash's question, City Manager Linebaugh stated that according to McClinton Anchor's estimate on the conditions, this should be the last change order. Mayor Vorsanger stated that the changes should be made now to avoid digging up the sidewalk in a few months to put in the sewer. Blackston, seconded by Green,made a motion to approve the resolution. City Engineer Jim Beavers addressed the Board stating it was discovered just that afternoon that an old line usedfor fire protection was in the way and had been broken. It was necessary to 222 April 21, 1992 shut McClinton Anchor down for most of the afternoon, and McClinton Anchor will probably request additional funds for this time. He stated that the actual change order is between the Arts Center, Bob Kelly and McClinton Anchor who will be reimbursed. Beavers therefore requested a contingency to the $34,800 due to these recent developments, to a total of $40,000. In response to Mayor Vorsanger's request for further explanation, Beavers stated that they unearthed an abandoned service line attached to the water line. This line was broken requiring City crews to isolate the valve to shut off the water which shut down McClinton Anchor. Director Nash asked how far this project has been adjusted to date over the original budget. Ben Mayes responded that these funds come out of the $800,000 for the Dickson Street drainage and overlay improvements. Mayor Vorsanger stated that they are still within their appropriation for the project and not overbudget. Director Blackston stated the real issue is whatever the crews are running into now, they would have run into later. If it is put off, it would end up costing more money. The reasons that this change order was approved initially are still valid, so whatever it takes is what the City is faced with. Director Green stated that with the Walton Arts Center's Grand Opening this coming Friday, this work needs to be completed. It would be an embarrassment to the City as well as a lot of other people if the street is torn up during this Grand Opening. Green, seconded by Spivey, made a motion amend the resolution to add a contingency to bring the total approved change order to $40,000, with the contract approved at $34,800. City Attorney Rose read the new resolution, rescinding all previous resolutions, and establishing a change order up to $40,000. Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 70-92 AS RECORDED IN THE CITY CLERH'8 OFFICE MILHOLLAND City Manager Linebaugh stated that the engineering contract with Milholland Engineering needed to be extended by $3,000, from $9,900 to $12,900. Mayor Vorsanger asked if this would also include the Engineering work on the "unfound - newfound" water. Jim Beavers responded he believes it does. He stated that to date, the City owes Milholland April 21, 1992 Engineering $1,800 with $1,200 estimated for construction management and further engineering for,the addition of a junction box. s' .. 4. Nash, seconded by Henry, made a motion to approve the resolution. • Director Green stated'that Milholl'and has already exceeded their contract'by $1,800 and expressed his .concern that the Board is going through the proper procedure and. not stretching the City's liability nor the engineer's work by, permitting field authorization. 4 ."A .1 t v- s Beavers responded that due -to the time constraints of this project, they did not follow the standard procedures; and Mr. Milholland acted on a request from the City Engineering Department as it was work beyond the scope of his original contract. S S S t ; �. Upon roll call, the motion was passed by a vote of 7 to 0. RESOLUTION 71-92 AS RECORDED IN THE CITY CLERK'S OFFICE GIS SYSTEM Director Henry stated that she was pleased to see the City of Fayetteville's involvement in the GIS system and commended Alett Little for her leadership. She also commended the participation by the U of A and surveyors in a cost-effective method of dealing with Geographic Information System ("GIS"), to allow for future planning. MASTER LAND USE PLAN Director Henry reported receiving calls from citizens expressing their continued concern regarding the Master Land Use Plan which she has inquired about on several occasions. In 1982, Henry reported that discussion began on a new Master Land Use Plan which needs to be considered a priority item due to growth expectancy. Director Nash concurred with Director Henry stating that the RN Plan Group study needs to be updated and completed. By making this a priority, it will take the burden off of•Staff in having to juggle things around. Director Spivey asked why the study was "junked" to start with. Little responded Staff at that time, Mr. Merrill and Ms. Bryant, thought the study was overly general. Director Henry stated the point is to get the study back on track. Director Nash stated this encompasses more than just the Land Use Plan. There is what used to be called the "General Plan" from t .' 2a N April 21, 1992 which transportation and new zoning ordinances as well as bikeways need to be addressed. Little stated there was a resolution recommended to the Board from the Planning Commission at the Agenda Session last week. She stated that she did have a report for the Board that she was in the process of preparing. Most of the questions Director Henry has addressed will be covered by her report. She stated Staff has a schedule on this Land Use Plan, and she agrees that it is time for the City to have a Plan, and it is her Staff's priority. Director Spivey asked whether the study that was done and paid for is still applicable. Little responded that that data which is no longer applicable has been updated by Staff; however, the mapping still requires updating as it is not suitable for reproduction. Little stated she feels very positive about unifying personnel from the RN Plan Group and the Regional Planning Commission to complete this project. Little addressed bikeways stating that the Regional Planning Commission is working on the transportation plan as well as the parks and recreation plan. Rather than having these as separate elements, taking up separate time, Ms. Little stated that it was more appropriate to integrate it into the planning process that has already started. Director Henry reported that with the new transportation plan, the Regional Planning Districts will have a lot more input. The Highway Department will be required to do more consulting which will improve the chances of establishing biking/hiking trails. Now more than any other time in history, the City should take advantage of this opportunity. Director Henry added that there may actually be federal funds that have not been seen in a few years. WATER CONSERVATION Director Henry presented a conservation advertisement called, "Wet Your Beds At Night" regarding water conservation. She explained that encouraging water use at night will reduce the peak demand during the daytime which occurred last summer in Fayetteville causing problems. Until a new water line is in place, the City will continue to experience these problems. STUBBLEFIELD ROAD Director Henry reported contact from residents on Stubblefield Road inquiring about the status of the widening project. She asked for confirmation that the engineering has been completed on this project, but until the sales tax funds are released, this contract along with the Township contract, cannot be awarded. April 21, 1992 ' City Manager Linebaugh confirmed that contracts on both Stubblefield and Township are held up pending the release of the sales tax funds. In addition, Linebaugh reported that a meeting to be held that day was postponed until April 23rd at 2:00, or until such time as the needed information is received to work on alternatives. ARVEST and the City of Fayetteville are both in the process of working with Capital Guarantee in search of an additional alternatives. , 1 In response to Director Henry's question, city Manager Linebaugh responded that the Township project is also on hold until the sales tax funds are released. • GULLEY.PARK Director Henry stated with.. reference to Gulley Park - some neighbors have called upset 'because they:.felt Gulley was being "developed as a "neighborhood park". On the contrary, the neighbors look at Gulley Park as a different kind of park, a "non -organized" park. Henry stated that Walker Park is a very organized sports park and calls for a different level of activity. FLUORIDATION Director Coody addressed the article on fluoridation, stating that it was very "eye-opening". He is more reluctant to vote in favor of fluoridation application after reading the article. Coody asked if all members of the Beaver Water District voted to continue fluoridation. City Manager Linebaugh responded that Bentonville and Rogers are still working on the project. Goody further received confirmation that the City Board has already voted to continue the fluoridation application along with Springdale. Coody further suggested that all Board members take time to read the article. RESOLUTION NO. 92.4 Director Nash requested that next Wednesday's Agenda Session cover County J.P. Wilson Kimbrough's Resolution No. 92.4. Mayor Vorsanger explained that Resolution No. 92.4 pertains to federal government mandates which are unfunded. The resolution requests that the federal government provide funding to carry out such mandates. - ADJOURNMENT The meeting adjourned at 10:05 p.m. 079.