HomeMy WebLinkAbout1992-05-05 Minutesa
,MINETEE OF*PUBLIC-FORUM
Mav-8, 1992
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Mayor Vorsanger opened thePublicrForum at 7:00 p.m. explaining the
purpose of this meeting was for,citizen'inputon non -agenda items.
There were no citizens,present:at the Public Forum Due to lack of
interest in the Public Forum sessions 'since this practice was
commenced, Mayor Vorsanger suggested that they discontinue the.
same.
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After further discussion among:members of the Board, it was decided
to take up a motion -fon t-_-_`ig'thePublic Forum sessions
under "Other Business".r
ADJOURNMENT
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SI
Mayor Vorsanger declared the public forum -closed at 7:05 p.m.
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MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, May 5, 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 Ann Henry, Dan Coody, Julie Nash, Shell
Spivey and Bob Blackston; City Manager Scott
Linebaugh; City Attorney Jerry Rose, City Clerk
Sherry Thomas; Planning Management 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. 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 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.
Mayor Vorsanger presented "Key to the City" awards to special
guests David Wilson and Tom Clark, teachers from Woodland Junior
High School, recognized by the City Board and Administration and
Warner Cable for excellence in the field of innovative use of cable
television as a teaching tool in the classroom. Vorsanger
explained that for years, Warner Cable has provided free cable
service to every school in the system. The teachers' presentation
entitled "Student to Student - Global Connections" was designed to
create and exchange programs with a classroom in the Russian
Republic wherein each sent a videotape about their schools,
governments and economic systems.
Vorsanger further reported that these programs have been selected
as one of the six winners of the National Warner Cable
Communication Contest. Vorsanger reported that David Wilson and
Tom Clark would both receive awards in Washington, D.C. this
summer, along with a grant for $1,000. Vorsanger stated he hoped
other teachers will be inspired to explore the educational aspects
of cable t.v. through the example these teachers have set and
further encouraged the Board and citizens to continue to recognize
individuals from Fayetteville who have made outstanding
contributions to the City.
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May 5, .19.92 .
David Wilson addressed the Board, thanking them for the honor. He
stated in education these days, teachers are concerned about making
their efforts realistic and relevant to students. Wilson explained
they were able to originate the "Student to`Student" program with
technology available through the cablesystem, and hope to carry
forward in years to come, hopefully expanding into other countries.
The motivating aspect to this program. reflects theirphilosophy
the best way to learn something is to teach it.
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OLD BUSINESS
BUILDERS' REGISTRATION REQUIREMENT
Mayor Vorsanger reintroduced an ordinance requiring state
registration for all builders (1-4; dwelling units) wishing to
obtain building permits within the city.
He reported this ordinance was left on first reading at the April
7, 1992 Board of Directors meeting, and it was read for the second
time at the April 21, 1992 meeting. Mayor Vorsanger asked City
Attorney Jerry Rose to present the third and final reading of the
ordinance.
The ordinance was read for the third time.
Planning Management Director Alett Little stated this ordinance was
first presented to the City Board on February 18, and at that time
it. was discovered a public meeting would be required. Ms. Little
reported there were- twenty-one individuals present, fourteen of
which made statements. Of the twenty-one individuals present at
the public meeting held on March 24, there were eight speakers in
favor of and six in opposition to the builders' registration
requirement. The official public comment period was held open
until March 31, during which time eight additional comments were
received --two in support of and six opposed. Ms. Little further
reported calls received since March 31, four in support and one in
opposition as well as receipt of a petition with twenty-six
signatures in opposition to builder registration.
Ms. Little continued to report that the major point of opposition
to adopting a registration procedure is that workers' compensation
insurance is a state law, and registration would require the City
to enforce a state law. To date, the Board has adopted a separate
issue by resolution which supports the Arkansas Homebuilders
Association in obtaining their own self-insurance pool. Little
stated at this time, the Planning Commission recommends the City
not adopt an ordinance requiring builder registration.
In response to Director Coody's request for the Planning
Commission's reasons for not adopting this ordinance; Ms. Little
stated the Commission believes it is important not to enact an
ordinance with a large number of builders in opposition, and they
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May 5, 1992
would like additional time to review the builder registration
issue. Ms. Little stated workers' compensation insurance is not a
city requirement rather a state requirement. She explained staff
would be on the "front line" and be impacted by time spent checking
registration forms as well as time spent in lengthy discussions
with applicants.
In response to Mayor Vorsanger's inquiry, Ms. Little reported a
total tally of all comments received of twenty comments in favor
and thirty-two comments opposed to builder registration.
Director Nash stated Ms. Little's report is different than from
the last meeting. She stated the Homebuilders Association
supports the ordinance, and pointing out that certain of the
signatures appearing on the petition were lawn service providers
and farmers. Nash reiterated her belief that the City is required
to enforce the state statute, projecting it couldn't take staff
more than a minute to check the building permit.
Director Spivey stated his concern with the abuse and current
turmoil in the Workers' Compensation system. Spivey explained
besides the fact that the City would be charged to enforce this
ordinance with no compensation from the state. The City would be
placed under potential liability in the event of an error in the
registration process for which he anticipated flaws. If the City
is to be charged as the enforcement agent, they should have the
revenue that goes along with it. Spivey received verification from
Wilson Kimbrough, County Justice of the Peace, that he was in
agreement that the "builder registration requirement" is a classic
example of the purpose for a resolution passed protesting state
mandates. Spivey stated he is not opposed to the requirement of
Workers' Compensation insurance; however, in its current state, he
is opposed to the City being the enforcer.
Director Coody read from the questionnaire of the Homebuilders
Association, concerning Act 859 of 1987, response to the question
as to how the registration would be enforced - ". all
enforcement of the registration requirement is done on local option
only . . . such enforcement will be only in those areas that issue
building permits . . . this procedure could be done only if a local
jurisdiction chooses to adopt such a procedure." Coody stated his
support of the "No Mandate" resolution addressing state mandates;
however, this mandate is different as it gives the City an option
to enforce.
In response to Director Henry, Little responded the City can either
adopt this ordinance or vote to take it up at a later date.
In response to Director Nash's question, Little stated the staff
working on the Land Use Plan are members of the Planning Department
and not in the Inspection Department; however the Planning
Department reviews every building permit.
May. 5,f 1992'
Director Henry stated in order to be consistent, it would be unfair
to ask the Planning Department to take on any other work at this
time, including additionalmeetings and new procedures, in view of
the importance of the Land Use Plan to which they are currently
devoting the majority of their time.-.
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Director Nash respondedLshe would;,agree with Director Henry if the
same departments were required to perform both tasks.
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Director Green stated he has had reservations from the beginning
with the way this matter was being handled. It is prudent business
for homeowners to require liability insurance protection - the City
could best serve the public from an.educational standpoint - this
issue has served in some capacity to educate the public. Along
with the current crisis status of the -workers' compensation system,
Green stated his opposition to applying additional burdens on a
system overly taxed with regulation and suggested this ordinance be
tabled or postponed until the Arkansas Workers' Compensation
Commission/improves its status.
Director Henry, seconded by Green, made a motion to table the
ordinance.
Director Coody questioned whether there should be a time frame
attached to the motion. Mayor Vorsanger responded this was
unnecessary since the ordinance could be taken off the table at any
time.
Director Henry amended her motion to table the ordinance for a
period of one year, pending the completion of the new "Land Use
Plan". Director Green seconded her amendment to the motion.
Upon roll call, the motion passed by avote of 5-1-1, with Director
Nash voting no and Director Blackston abstaining.
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 matte_ grouped together and approved
simultaneously under a "Consent Agenda."
A. Minutes of the April 21, 1992 regular Board meeting;
B. A resolution authorising a Service Agreement with Twin City
Taxi to allow their participation in the Fayetteville Taxi
Program;
This agreement will allow Twin City Taxi to participate in the
Community Development Elderly Taxi Program.
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May 5, 1992
RESOLUTION 72-92 AS RECORDED Ix THE CITY CLEAVE OFFICE
C. A resolution approving revised Grantee Certifications for the
Community Development Block Grant;
This process is required each year by HUD whereby the City
certifies that certain conditions or policies prescribed by
HUD are in effect.
RESOLUTION 73-92 A8 RECORDED IN THE CITY CLERK'S OFFICE
D. A resolution approving a construction contract in the amount
of $105,657.00 plus $5,262 for contingencies with Jerry D.
sweetser, Inc., for sewer line replacements as needed on Hall
Avenue, Olive Avenue, South College Avenue and Church Street;
This contract is for sewer replacements which are a part of
the City's ongoing sewer system rehabilitation project.
RESOLUTION 74-92 A8 RECORDED IN THE CITY CLERK'S OFFICE
E. A resolution approving the purchase of Tract #72 in the
Airport Land Acquisition project owned by Mr. Ken McDowell and
Mrs. Joy McDowell at a cost of $50,304;
This is a purchase of a business/home combination under Phase
II of the land acquisition project.
RESOLUTION 75-95 AS RECORDED IN THE CITY CLERK'S OFFICE
F. A resolution approving the moving expense payment in the
amount of $13,750 in conjunction with the purchase of Tracts
#81 and #82 in the Airport Land Acquisition project from J.
Paul and Ruthin Wood;
Mr. Wood has been approved for a self move, and his bid was
lower than the lowest independent bid.
RESOLUTION 76-92 A8 RECORDED IN THE CITY CLERK'S OFFICE
G. A resolution approving a budget adjustment to recognise
additional donation revenue and construction costs on the
Walton Arts Center;
This budget adjustment will reflect a construction expenditure
from donations of $2,046,464 for 1992. This expenditure is
entirely from privately donated funds.
RESOLUTION 77-92 AS RECORDED IN THE CITY CLERK'S OFFICE
H. A resolution documenting the City of Fayetteville's
willingness to respond, upon request, on a mutual aid basis,
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May 5, 1992
to assist rural' fire departments to areas within five (5)
miles of the Fayetteville city limits;
This policy is already'AJT effect, but it has never been
formally adopted in writing. ;The formal adoption of this
policy is required to make Fayetteville eligible for new state
fire protection funds'.to be allocated under Act 833 of 1991.
RESOLUTION 78-92 AS RECORDED IN TEE CITY CLEWS OFFICE
Director NaSh commented with regard�to ."Item D", a contract with
Jerry D. Sweetzer, Inc. She reported'receiving two phone calls
from residents on Zion Road, protesting the City continuing to do
business with Mr. Sweetzer. They feel he has not been fair with
the Zion "hole project".
Blackstone seconded by Coody, made a motion to approve the consent
agenda. Upon roll call, the motion passed by a vote of 7 to 0.
FUNDING FOR STATE GOVERNMENT MANDATES
Mayor Vorsanger introduced consideration of a resolution urging the
General Assembly of the State of Arkansas to place a constitutional
amendment before the people at the next general election requiring
that before state government mandates that counties provide certain
services that the state provide funding for such.
Vorsanger reported several on the Board are interested in this type
of resolution. The Washington County Quorum Court passed such a
resolution at their last meeting.
Goody, seconded by Nash, made a motion to approve the resolution.
Director Coody reported this issue is a top priority with the
National League of Cities and a series problem in cities and
counties across the United States. Therefore, he recommended
Glenda Hood, President of National League of Cities, receive a copy
of the resolution in order to let them .know the City is doing what
they can on a local level to support this move. Coody further
suggested in addition to submitting this resolution on the state
level, it should also be submitted on the federal level.
Director Spivey reiterated his previous statements on state
mandates, stating this type of problem can occur with other than
just mandates. Whatever the services are, if the City implements
and is in charge of enforcement or regulation, why should the money
go to the. state when the cities are doing the work? Spivey
suggested this resolution should cover other than those services
mandated by the state.
Director Nash stated since the "buck stops" at the local
government, the City Board is often placed in a position to have to
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May 5, 1992
raise taxes or locate financial relief when they are not actually
the ones that passed the law.
Mayor Vorsanger introduced J.P. Wilson Kimbrough who fathered this
resolution in the Quorum Court and passed it onto the City with his
recommendation.
Wilson Kimbrough addressed the Board stating he is pleased that so
many in Washington County share his concern with the increasing
difficulties facing the cities and county when trying to match
budgetary requirements with revenues. Kimbrough further stated the
role taken by the Washington County Quorum Court and Arkansas
Association of Quorum Courts by a unanimous vote taken on March
21st, and that which he sees the City of Fayetteville taking is the
beginning of an effort to involve all counties and municipalities
to become interested in this question. Through their preliminary
work on this resolution, Kimbrough stated they have been advised
in order for this their goal to be accomplished, which is to place
a constitutional amendment before the people at the next general
election, it will take the support and an effort from all entities
and the aroused interest at the grass roots level.
Director Coody further suggested a copy of this resolution be sent
to Don Zimmerman, President of the Arkansas Municipal League, and
all other representatives. Mayor Vorsanger responded this was
already in the resolution.
Upon roll call, the resolution passed by a vote of 7 to 0.
RESOLUTION 79-92 RS RECORDED IN TEE CITY CLERI'8 OFFICE
ECONOMIC DEVELOPMENT
Mayor Vorsanger introduced a report from James V. Crider of the
Chamber of commerce on the Economic Development Program. In
addition, consideration of a resolution approving the Fayetteville
Economia Development Plan for 1992.
City Manager Linebaugh stated the Economic Development Program is
much improved, allowing the City and the Chamber of Commerce to
work together. He commended Mr. Crider for the quality work he has
done on the program.
James Crider, Director of Economic Development with the
Fayetteville Chamber of Commerce, addressed the Board with the
quarterly Economic Development report as follows:
1) New Business Recruitment - assisted the Arkansas Industrial
Development Commission in devising a syllabus to train the
Fayetteville marketing team; conducted a "windshield" tour for
five different industrial prospects during the quarter; and
responded to thirty general industrial inquiries, up from
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fourteen in the previous quarter. Preparations have been
initiated for attendance..at4two expositions highly recommended
by various professional resources: 1) Institute of Food
Technologists with an estimated attendance of 14,000 for the
event scheduled for June.. 20-24.,,in New Orleans; 2) Trends
2000, a business expansion relocation exposition scheduled for
July 17-19 in Anaheim, California.
Existing Industry Retention and Expansion - large emphasis on
recruiting industry to the City -and expansion of existing
companies. Results of a major manufacturers and employers
survey, with 39'companies responding representing 10,600
employees, reflected that 45% of the respondents intended to
increase the number of employees during 1992. Implementation
of an Industrial Visitation Program whereby Crider personally
visits every manufacturing firm in the City for a tour of
facilities and operations; completion of a questionnaire to
learn more about each organization and look into ways to
facilitate intended expansion or assist with acquisition
needs. Crider reported an abundance of programs available
through the Arkansas Economic Development Commission in which
the City can come to the forefront and help make a connection
to enhance the future of Fayetteville.
3) Small Business Assistance - provided counselling and referral
services to three local small companies during the quarter.
4), Research - involved with the Arkansas Economic Development
Commission to update the City's Community Profile which they
maintain and provide to interested parties. In addition, the
annual inventory of industrial growth was updated in which
technical research was accessed through industrial allies and
provided for twelve inquiries, such as counts on households or
vacant rental units.
Relationships with Other Organizations - list of industrial
allies continues to skyrocket. Contacts have been made,
alliances built, and reciprocal arrangements made among the
organizations. AIDC conducted tours of the community for the
Director of the State of Arkansas Japan Office in Tokyo and
for an executive of a Japanese based company in Houston which
promotes international trade. In addition, contact was
established with the Arkansas -Japan Office, the Brussels -
Belgium Office for Arkansas, as well as the Taiwan Office.
The monthly publication from the Chamber, "The Statesman", is
sent to key persons in these organizations and extends an
invitation to visit Fayetteville.
Community Awareness - support articles written with regard to
economic development which appear in the "The Statesman".
Participation in various grand openings and ribbon cuttings.
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May 5, 1992
7) Volunteer Support - highlighted the Fayetteville marketing
team made up of experts from the community and each a
specialist in a particular field, recently completed two
rounds -of a four round training series. These individuals
bring to the table the expertise necessary to meet with
prospective industrial clients and answer their questions as
well as upgrading research capability by ions.
Mr. Crider presented the Board with the Fayetteville Economic
Development Plan for 1992, explaining the intensity of the
situation dictated they get underway with the program. Crider read
the mission statement for the Economic Development Plan of 1992, as
follows: "The primary emphasis of the FEDP is the expansion of
existing business and recruiting of new business to Fayetteville,
while maintaining and improving our quality of life." The six
targeted critical area objectives are as follows:
1) Support and retain existing business in Fayetteville;
2) Attract new complimentary business to Fayetteville;
3) Support expanded educational opportunities, including
secondary schools, junior colleges, university and
technical colleges, to increase available semi -skilled
and skilled labor;
4) Explore avenues to expand and increase the overall tax
base to provide for additional revenues to the City of
Fayetteville;
5) Provide a trained staff and critical objectives;
6) Review and update annually all critical objectives.
Crider stated the FEDP submits the 1992 Plan and requests a
resolution approving the plan.
Director Coody stated he was pleased with the architectural and
landscape covenants for the industrial parks that have been
developed and suggested industries wishing to locate in
Fayetteville be encouraged to be visually appealing. Coody
expressed his concern with regard to the future development of the
bypass and stated the importance of architectural landscape
covenants adopted for this highway. In addition, Coody reported
the University of Kansas has approached the University of Arkansas
regarding a partnership in hi -tech research, such as super-
conductor research. At last count, there were 26 patents in super-
conductor research. Coody recommended the City and Chamber work
diligently to bring this partnership to Northwest Arkansas and
asked Mr. Crider if the FEDP was working with the University of
Arkansas or other technologists to develop an economic development
program with the City.
Crider responded he has addressed'the topic with an official at the
University of Arkansas.
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Mayor Vorsanger commended Crider for the,wonderful job done In the
Manufacturers and Major Employers Survey. He stated he found it
interesting to review and analyze the answers. Vorsanger reported
from the survey 68% of the respondents stated their employment
level will increase; an overwhelming number of the respondents
rated city services good to excellent; 60% of the respondents rated
workers' compensation high to very high; 46% of the respondents
rated the tax climate good to excellent.
Green, seconded by Coody, made a motion to pass the resolution
approving the Fayetteville Economic Development Plan for 1992.
Upon roll call, the resolution passed by a vote of 7 to 0.
RESOLUTION 80-92 AS RECORDED IN THE CITY CLERK'S OFFICE
ADVERTISING CONTRACT
Mayor Vorsanger introduced consideration of a resolution approving
an advertising contract with the Northwest Arkansas Times.
City Manager Linebaugh explained changes in the advertising
contract include a "New Retail Bulk Rate" allowing the City to get
a rate of $5.37 per column inch in the Fayetteville area. To
advertise in the entire Northwest Arkansas area, the rate remains
at $7.35 per column inch. Linebaugh reported Staff recommends the
Board approve the contract with the Northwest Arkansas Times for
900 column inches at the $5.37 rate.
Director Coody stated that although he appreciates the Times coming
down a little on their rate, the City is losing some of their
coverage. He stated the City could get the Northwest Arkansas area
coverage through the Morning News without a contract and for a
couple dollars less per column inch.
City Manager Linebaugh responded the majority of the advertising
does not need to go outside Fayetteville.
Director Henry stated circulation figures should be considered in
order to reach the majority of Fayetteville residents, who elect
the Board.
Mayor Vorsanger asked how the new rate of the Northwest Arkansas
Times compares to the Morning News rate. City Manager Linebaugh
responded that it is less than that of the Morning News.
Administrative Services Director Ben Mayes responded the Morning
News rate is $6.28, compared to the new rate of Northwest Arkansas
Times for the Fayetteville zone of $5.37.
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May 5, 1992
Blackstone seconded by Coady, made a motion to approve the
resolution.
Robert Reusstatedthe Northwest Arkansas Times contract is one-
sided and inappropriate by binding the City to a certain number of
column inches per year, while containing an escape clause for the
Times and allowing them to raise their rates at any time. In
addition, Reus stated the contract continues until this time next
year. With a possible change of government, it would be the right
of a new city government to make the contracts for their term.
Reus further stated the Times endorses the city manager form of
government and has degenerated into a "hatchet service" on those
opposed to the city manager form of government and other activists.
Rous stated this contract has the appearance of being a reward for
services rendered and protection of the city manager"machine" and
for these reasons should not be awarded to the Northwest Arkansas
Times.
Mayes responded to Mr. Reus stating the contract does give the
Times the ability to raise their rates, and it gives the City the
ability to terminate the contract with written notice. Mayes
reported in 1991, approximately 1900 columnar inches were used;
therefore, the 900 columnar inches allowed in the contract will
probably be used by the end of the year.
In response to Director Nash, Ben Mayes verified this was a 12
month contract.
Director Green asked if the columns of wide -spread regional
coverage at the higher rate go toward the 900 columnar inches
minimum. Mayes responded the higher rate advertising does count
toward the 900 columnar inch minimum.
Director Henry inquired whether a survey had ever been conducted to
determine how much advertising space other cities buy to make these
type of notifications. She stated she has not seen this type of
advertising for any other city government in either The Morning
News or the Democrat -Gazette.
Ben Mayes responded that a survey has not but could be done.
Director Henry stated a commitment was made over 15 years ago to
try to go above and beyond the call of duty, and she believes the
City of Fayetteville has gone way above the legal requirements to
advertise and give notification far beyond any other City in the
area.
Mayor Vorsanger stated there are certain legal notice requirements
which he has seen in all regional newspapers; however, he has not
seen the other cities advertising board agendas, announcements of
commission and committee meetings which is not a legal notification
requirement, but a service to the citizens. He stated even though
May 5, 1992
the City gets criticized fora:laokOf responsiveness and keeping
the public informed,: they:have,done;more than is required by the
law and should continue to 'do so. Vorsanger stated the rates
quoted by the Northwest' Arkansas Times are cheaper than they can
get anywhere else, and the reason for signing a long-term contract
is to get those rates. This is anlopen competitive society and
legal requirements :are"such regardless of the rates, the City
still has to advertise in the paper withthe largest circulation in
Fayetteville, and the Times has the ,largest circulation.
Director Blackston commented no newspaper or business is going to
be willing to sign a short-term contract. He further stated the
Board should not make decisions based on whether or not the city
manager form of government prevails:
Upon roll call, the resolution passed by a vote of 7 to 0.
RESOLUTION 81-92 AS RECORDED IN TEE CITY CLERK'S OFFICE
UTILITY EASEMENT
Mayor Vorsanger introducedan ordinance approving a utility.
easement vacation on Lots 2 and 3 of the Pond Addition as requested
by George C. Faucette, Jr.
Mr. Faucette is offering a new easement to replace the unused
utility easement which crosses his land. None of the utility
companies had any objection to abandoning the old easement.
City Manager Linebaugh explained this ordinance includes a 30 foot
utility easement that the City would vacate. The owners want to
combine two lots for placement of a church which would place the
utility easement down the middle of the property and interfere with
the church. Linebaugh explained the property owners will give the
City a 25 foot utility easement around the edge of the property.
There are no utility lines inside the utility easement. Signed
letters were obtained from the utility companies stating they have
no problem with the vacating of this utility easement, and Staff
recommends approval.
The ordinance was read for the first time. Blackston, 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. 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 3609 APPEARS ON PAGE /3„( OF ORDINANCE BOOK X X V(!
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May 5, 1992
MASTER 081 SLAM
Mayor Vorsanger introduced a resolution supporting the development
of a new Land Use Plan by a team comprised of City Staff, headed by
the Planning Management Director, two City Directors, and at least
two City planning Commissioners and to be completed by March, 1993.
Nash, seconded by Henry, made a motion to adopt the resolution.
Director Henry reported the Master Land Use Plan was last revised
in 1970 and City Boards have been discussing updating since 1982.
Henry stated Alett Little did a good job on the report by taking
into consideration the past plans, updates, and revisions. She has
delegated some of the work out to other regional planning
commissions, has a start on the Bikeways, Master Sidewalk Plan, and
Master Street Plan. Henry stated the Master Plan is the blueprint
to the City's future. It is difficult to make decisions until a
Master Land Use Plan is in place. She explained they are trying to
ensure the Master Land Use Plan receives top priority in the
Planning Department in order that this project can finally be
completed. Henry stated she would like to see the completion date
of March 1993 moved up to December 1992, even if it is not
feasible, in order to keep the process moving.
Alett Little responded this can be done as long as it is regarded
as a target date. She explained that built into the March 1993
schedule are 2 -one month long public comment periods and for
processing through the Planning Commission and City Board. There
are some built-in time periods that they can not deviate from. The
March 1993 date was coordinated with Al Raby of RM Plan Group and
the Northwest Arkansas Regional Planning Commission, and all are in
agreement that this is a workable time frame and one that all three
entities working together can meet.
Director Nash concurred with Director Henry that the Master Land
Use Plan is top priority and suggested if the Board decided to
change the date, Staff could probably comply.
Director Green also concurred that this project is the most
important thing the Board can do for the future planning of
Fayetteville for the next 10-20 years. Green stated even though
this has bean in the works for years, and he would like to see it
accelerated, the most important factor is that they now have a very
workable, accurate target date set that all are in agreement will
be met.
Director Henry stated she has been given a time line in the past
and nothing has ever been met. If the completion date is not
amended to December 1992, Henry requested she be provided with a
monthly progress report stating the exact status of the process.
' May5,'1992
Director Spivey stated the.Board should not take their frustrations
out on the current Staff and he would be in favor of the monthly
progress report and hold the current Staff accountable for meeting
the March 1493 completion. date.
In response to Director.Nash's question, Alett Little responded it
would not take much of her time to do,a monthly report because she
already does one and -could include this information.
City Manager Linebaugh stated there would be no problem in
providing a monthly report. He reminded the Board that the reason
the previous time line was off had to do primarily with the Visions
Project that turned into a larger project than was anticipated. In.
addition, Staff has been requestedto deal with the tree.protection
and historic preservation ordinances. Linebaugh stated he believes
the Planning Management Director has given a realistic time frame
and one to be accountable for. In order to meet a December 1992
deadline, it would require hiring additional consultants.
Director Coody stated his opinion is that they take their time and
do it correct the first time instead of doing a rush job and
settling with a plan that contains a lot of "wrinkles" simply for
expedience sake. Coody inquired as to the location of the Vision
Project paperwork and stated he would like to see a copy of it.
Little responded they have completed two revisions to this project
recently and completion for the Vision Report has been set for May
1992 and adoption of Vision goals by the Planning Commission and
City Board by the end of June 1992.
Director Henry stated in the meantime, the Planning Commission has
been working with the Historic District Group, as well as the
Landscape Preservation Group. These can continue because Staff has
a great deal of expertise with citizens and are assisting as
opposed to being totally responsible.
Little verified the Planning Commission is continuing work on both
of the ordinances, and monthly meetings are being held.
Director Henry commented with the broad base of citizens assisting
on these ordinances, they are not being abandoned.
Little reported she has looked to the City Horticulturist to manage
the Tree Ordinance and will be looking to the Associate Planner to
manage the Historic District Ordinance.
Director Nash suggested they leave the completion date for March
1993 and include the monthly report.
Upon roll call, the resolution passed;by a vote of 7 to 0.
RESOLUTION 82-92 AS RECORDED IN THE CITY CLERK'S OFFICE
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May 5, 1992
"DICKSON STREET PARKING LOT"
City Manager Linebaugh stated this item deals with the parking lot
north of Dickson Street. He explained that Staff suggests trying
to take care of the drainage problem underneath the buildings on
the north side of Dickson Street while constructing the parking
lot. A plan has been engineered for this drainage project and the
majority of this property is ready with the exception of a small
parcel of the Pearson property for which Staff has been trying to
negotiate an easement for several months. Linebaugh reported
Pearson has been unwilling to sell this property for a reasonable
price and is asking $15,000. The easement has an estimated value
of $5,000. In order to route around the Pearson property, it would
cost the City a minimum of $16,000. The procedure of condemnation
would cost about the same as to purchase the property, and the City
would lose several months worth of time. Linebaugh reported he had
just been advised the contractor had proceeded on a portion of the
Pearson property and put down a distance of tile, one-third the
distance needed. The tiles would have to be removed if another
option is taken. Even though the price is high, Staff recommends
the Board go with the $15,000 price as the other options available
would take too much time and be more detrimental to the City.
Director Coody stated the Board condemns a lot of people's land,
and it would be totally unfair to do otherwise in this case.
Director Blackston asked what kind of legal position this places
the City in due to the fact the contractor has already installed
approximately one-third of the tile. In addition, he asked whether
this was an error by the contractor and how it occurred.
Linebaugh responded it was an error by the contractor, and he would
be liable; however, that does not mean that the City would not be
included in a lawsuit which could mean several months lost. The
problem with condemning the property is that it would take several
months in court during which time the drainage would continue to
flow underneath the buildings which is causing damage to the
businesses.
Director Green suggested there may be a way to post a bond for the
asking price of $15,000, and then proceed with condemnation
procedures.
City Attorney Rose responded this was possible. He explained
generally a condemnation includes taking an appraisal of the
property and present the appraisal to the Court in the condemnation
suit. The amount of the appraised value is deposited with the
Court. Based upon that deposit, possession of the land can be
obtained pending the outcome of the condemnation suit. Rose
reported Mr. Pearson has threatened to also challenge the taking of
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I May.5; 1992
the land itself. If heis successfui,• which is a possibility, the
City would not be able'to get immediate"possession and would have
to first resolve the -issue of whether `the City has the right to
take the property.
Director Green stated they are talking about 500 square feet of
property, which at $15;000 would make it over $30 per square foot
of raw land merely for an easement and Pearson will continue to
have use of the property. Green further stated he didn't believe
they would violate the trust of the public by proceeding with a
course of action such as this, and he stated his support for
proceeding with a condemnation suit and posting bond.
Directors Nash and Coody concurred with Director Green.
Mayor Vorsanger stated everything the City has done to improve
Dickson Street does nothing but improve and enhance the value of
the property. Mr. Pearson is a major property owner in the area,
and since he has done very little to help with the Dickson Street
Improvement Project, the least he can do is to cooperate with the
City to improve his property. He feels Mr. Pearson should be
willing to cooperate especially because of what the City and the
Dickson Street Improvement District have done for Dickson Street.
He also concurred that the City should immediately proceed with
condemnation without a bond.
Director Henry stated unfortunately this would place a major kink
in those who are trying to proceed with development of their own
property because of the inability to get a reasonable settlement
with Mr. Pearson.
Mayor. Vorsanger concurred with Director Henry that it was
unreasonable to expect the other property owners to put up with
this, but they have put up with it until now and it is unreasonable
to expect the citizens of the City to put up with this type of
behavior.
Director Coody stated they can pump money into Dickson Street,
"until the cows come home" but until the private property owners do
their fair share, it will never achieve the potential that everyone
wants. Coody further stated if they can't condemn the property,
and if they are going to be in this for $15,000 dealing with Mr.
Pearson, he would suggest they go ahead and shoot for $16,000 and
go around him or condemn the property.
Linebaugh concurred that Mr. Pearson is holding up other property
owners along Dickson Street from making improvements to their
property.
The ordinance was read for the first' -time. Green, seconded by
Blackston, made a, motion to suspend the rules and place the
ordinance on its second reading. ,Upon roll call, the motion passed
May 5, 1992
by a vote of 7 to 0. The ordinance was read for the second time.
Green, seconded by Henry, made a motion to further suspend the
rules and place the ordinance on its third and final reading. Upon
roll call, the motion passed by a vote of 7 to 0. The ordinance
was read for the third and final time.
Director Green asked if it was appropriate to amend the ordinance
to accelerate and try to take possession immediately. City
Attorney Rose responded this was an administrative action and
the emergency clause has the same effect and is something he does
on every easement. This includes approaching the court and posting
a bond in the amount of what the property is worth in order to
obtain immediate possession.
Upon roll call, the ordinance passed by a vote of 7 to 0.
Nash, seconded by Coody, made a motion to approve the emergency
clause, requiring a two-thirds vote.
Upon roll call, the motion passed by a vote of 7 to 0.
ORDIlIIYCE 3610 APPEARS 0)1 PAGE /37 03 ORDINANCE 300! x X ✓ /
SOLID WASTE AND RECYCLING
City Manager Linebaugh reported that a plan has been established to
go to curbside solid waste. Staff is ready to hold another solid
waste workshop to further discuss composting and recycling, the
garbage program, and the rates and requested the Board set a date
for this workshop.
Public Works Director Kevin Crosson stated this workshop should
take 2-3 hours.
Mayor Vorsanger suggested the Board discuss it further at the next
agenda session.
PUBLIC COMMENT SESSION
Blackston, seconded by Nash, made a motion to discontinue the 7:00
Public Comment Sessions prior to regular Board meetings due to very
little or no participation for quite some time.
Upon roll call, the motion passed by a vote of 7 to 0.
HAZARDOUS WASTE
Director Henry addressed the informative report given by Bruce
Cully and Greg Fields regarding hazardous household waste. She
reported receiving a call regarding why the City does not collect
hazardous waste, now that they have educated the public on what is
considered "hazardous waste". Henry requested Staff look at the
May 5, 1992
cost for collecting hazardous waste. When Ft. Smith held a one day
collection, it cost them $250,000. The'City is not allowed to pick
up or place hazardous waste in landfills, and there are no
hazardous waste facilities sited. Therefore, this is a "Catch 22"
whereby the City is mandated from doing 'these things, but yet the
government will not assist, and the buck ends up back with the
public. Henry reported they are continuing to look at ways to
economically dispose of hazardous waste and plan to explore
instituting a household hazardous waste collection program.
Director Coody stated Ft. Smith was quoted $175,000 even if no one
participated in the collection. He asked what the money be used
for. Crosson responded the $175,000 is required to hire experts to
handle the collected waste. They have to be available.even if no
.one participates, and the City still has to pay the experts.
City Manager Linebaugh reported the League of Women Voters looked
into this collection program and it is very costly. He stated they
can do a complete report and get an estimate for Fayetteville.
Crosson reported the City budgeted $200,000 in 1988 or 1989 for
.this type of hazardous waste collection program; however, they
later determined it was cost prohibitive.
Director Henry reiterated her previous concern that once the City
has advised citizens that certain household products are hazardous
and they are not given a place to dispose of these materials,
essentially a real dilemma is created.
NORTHWEST ARKANSAS REGIONAL RESOURCE RECOVERY AUTHORITY
Director Henry stated now that the incinerator lawsuit is set for
June 22, Staff is assisting with depositions in order to keep costs
down. The Northwest Arkansas Regional Resource Recovery Authority
will need to meet to approve payment of attorney bills. Henry
•suggested they meet at 8:30 before their next regular agenda
session.
This time was agreed upon and Director Henry requested City Clerk
Sherry Thomas notify the remaining members.
WASTE WATER TREATMENT PLANT
Director Henry reported receiving calls regarding the odor at the
Waste Water Treatment Plant, and she is hopeful the contract they
are entering into will enable them to be better neighbors.
ACCESS 4
Director Nash reported.receiving a complaint that on Public Access
4 on the previous afternoon at 4;30,:_there appeared to.be a sales
pitch for a laser printing company.
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May 5, 1992
SAT•FS TAX FUNDS
Director Nash reported receiving calls and asked for an explanation
regarding the process by which the sales tax money the City
recently won the case on comes into City Hall, what happens to it
here, and what happens to the money before it reaches the schools.
City Manager Linebaugh responded the sales tax is collected in
Fayetteville and proceeds to the state where they take out a
collection fee, after which it returns to the trustee who retains
the portion that to make payments, and then it is returned to the
City into the General Fund. Linebaugh verified they have received
the overage portion, but the sales tax pertaining to the bonds and
the construction money have not been received. The school money
comes directly from the City and is not associated with the sales
tax bond issue.
Administrative Services Director Ben Mayes stated construction
invoices are submitted on construction of the school and are paid
like any other invoice, with the checks being signed by the City
Manager and the Administrative Services Director.
CITY BOARD MEETING IN A WARD
Director Nash stated it had been a quarter since the last Board
meeting was held in a ward and suggested they set another meeting
outside City Hall at a school or church.
Mayor Vorsanger stated it is probably time to set another meeting
outside of City Hall; however, he stated it is hard to move
everyone to another location and arrangements for a public address
system will need to be made. He requested the Board members give
this some thought and discuss it at their next agenda session.
Vorsanger suggested they consider Root or Jefferson school areas.
AUXILIARY POLICE
Director Coody stated sometime ago, Mr. Guido addressed the Board
regarding an auxiliary police force. At that time, City Manager
Linebaugh was requested to study this option. The City Manager
issued a report, but Coody stated he has misplaced his copy.
City Manager Linebaugh stated it appeared in the City Manager's
report of August 1991, and he has additional copies, and one for
Mr. Coody to give to Mr. Guido.
NOISE COMPLAINT
Mayor Vorsanger reported receiving a letter from Charles Howard
complaining about the noise from George's Beer Garden. There is a
noise ordinance in the City, and Vorsanger requested Staff look
into this issue.
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PEDESTRIAN SAFETY
Mayor Vorsanger reported, receiving a letter from Susan Raymond
making excellent points on -what can be done at the four corners of
Garland, Wedington, Mt. Comfort, and North -Streets for pedestrian
safety. Vorsanger suggested these areas, be considered for
sidewalks and placement of a -stop light.
SPORTS FIELDS
Mayor Vorsanger reported following a"speech he gave at a Civic Club
earlier that day, he was approached by many parents bitterly
complaining the City has spent $20,000 to $25,000 on soccer and
baseball fields which are full of weeds due to lack of weed
control. He stated the City has discussed a herbicide plan for a
long time, and it is time to reach a solution about weed control
because if these fields are covered with weeds, they can't be used
for playing fields.
City Manager Linebaugh reported the Vegetation Management Committee
is on a final draft of their report. They are planning to hold a
public hearing after which the plan and ordinance will be presented
to the Board.
In response to Director Green's
plan will not be done in time to
the 1992 season. He stated the
spent money on has been wasted
weeds due to the prohibition on
question, Linebaugh responded the
do any good with weed control for
sodding and seeding the City has
as the fields are overtaken with
use of herbicides.
Green concurred with Mayor Vorsanger that
with this report and solution.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
it was time to get on
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