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HomeMy WebLinkAbout1992-05-19 Minutes1) i 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 19, 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; Acting City Clerk Gaylene Bunch; Director of Planning Alett Little; Director of Public Works Kevin Crosson; Director of Administrative Services Ben Mayes; members of Staff, press and audience. ABSENT: CALL TO ORDER City Clerk Sherry Thomas. • 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 introduced Acting City Clerk Gaylene Bunch, who would be reporting the,_Board meetingsin;place of City Clerk Sherry Thomas, who was attending educational seminars. REPORT TO THE PUBLIC 1 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 April, includes financial information, an update on staff activities, and items..of:general interest. :i r ,,; City Manager Linebaugli reported<on.fifteen of the most important major accomplishments made rin, 1991 and the first few months of 1992, and commended the 360 City —employees involved in the planning, hard work,; cost: savings and `accomplishments. He stated that a detailed report.on these projects;'along with many others, could be obtained at the City.Manager..'s Office upon request. t'r - .#- 1) Economic ...Develonmentri City Staff worked out an advantageous, privatization'arrangement with the Chamber of Commerce:; IniJuly 1991,`,K.D. Tools was located in Fayetteville. " They will,..hire 500 employees and supplement the Fayetteville -economy by over $12 million #0 ZJU May 19, 1992 in a three year period. In addition, the City obtained a $973,000 grant to build an access road to the south Fayetteville Industrial Park which is a tremendous asset to the Park. Linebaugh explained the transfer of the economic development program to the Chamber of Commerce benefits all citizens by ending duplication and unifying efforts through a joint City/Chamber Council to direct Fayetteville's economic development effort. 2) T,eaal Issues - City Staff was successful in defending a challenge to the voter mandated sales tax in the Chancery Court. This defense was critical, as a defeat would have potentially caused tremendous harm to citizens and the quality of life they have come to expect. In addition, City Staff was key partners on a team which successfully argued before the U.S. Supreme Court the case concerning discharge of effluent into the Illinois River. A decision ratifying the legality of Fayetteville's actions was maintained. Linebaugh explained that without this victory, new growth in all of Northwest Arkansas would have been hindered or stalled by limiting discharge to a "no new" discharge standard. 3) Enforcement - City Staff prosecuted 379 more DWI cases in 1991 than in 1990 and set up a Hot Check Program that will make a major improvement to businesses in the losses they incur through hot checks. The Prosecutor's office, through extensive use of public service workers, reduced the time between arrests and trial from six months to four months. In addition, the Fayetteville Police Department organized, joined, and led the 4th Judicial District Drug Task Force which coordinates drug fighting efforts of eleven different area law enforcement agencies. 4) Cable Television - The Cable Committee recommended and the City Board adopted a Cable Television Board and a Cable Administration office to oversee the operations of public, educational, and government (PEG) channels and the operation of the local cable company. In addition, Access 4 Fayetteville, a very professional organization, was selected to provide superior public access services to Fayetteville citizens. 5) Community Services - Fayetteville successfully completed two joint community projects in 1991-92. The Animal Shelter, a joint project between the Humane Society, Washington County, and the City of Fayetteville. The shelter, for the first time, meets national sheltering standards. Linebaugh further reported on the completion of the Walton Arts Center for which a great deal of staff time went into the funding, planning, and construction of May .19, 1992 the Center and complementing facilities. He stated that the Arts Center is a stellar example of cooperation between public and private entities (the City, University and private individuals) which dramatically improves the quality of life. This project will be key to improving the Dickson Street area in a successful economic revitalization. 6) Staff Safety - City Staff formed the first comprehensive City Safety Committee in April 1991 comprised of both management and hourly employees. The committee is successfully decreasing work loss time and promoting safety for all employees by reviewing motor vehicle accidents, Workers Compensation claims, providing employees with regular quality safety training and inspecting City working conditions. In addition the committee has instituted incentive and safety award programs to reward safety -conscious employees. 7) Staff Productivity - Implementation of a Program Performance Measurement and Productivity Measurement System which will realize a maximization of taxpayer dollars. Final stages are being completed in implementing these standards throughout all City departments. These measurement systems tie performance to productivity and provides a way to measure success. Linebaugh reported that the City Shop achieved a productivity rate of 95% in.1991, well above the national average of 78% for qualified'technicians.in facilities such as this. Through the use of these service level assessments,'the City has'been able to greatly improve its financial position and stability, and at the same time, halt the use of general fund reserves for operational expenses. 8) Fire - The City+greatly improved the Fire Department and the ability of our fire fighters to perform through additional personnel, equipment, and training. The 1991 calendar year ended with a monetary fire loss of $847,510 in the City for an -exposure of $16,558,210 in property value, equating to a 94.88% save ratio compared to the 67% save ratio goal.; 9) Public Involvement - New strides were made in 1991 toward a public involvement goal. Linebaugh reported that 26 public hearings were held`in 1991, compared to 4 in 1989; Citizen committees were increased to 22 by adding an Airport Board, Vegetation Management Advisory Committee, Landscape `Beautification.}.Committee and an Ethnic Committee. " In addition," "the "Fayetteville Vision" program was conducted in 1991: During this goal -setting process, eight neighborhood meetings were held as well as 404 May 19, 1992 numerous committee meetings to derive 10 concrete, realistic goals. 10) Growth - The Planning Department issued a record 1,775 building permits in 1991 with new investment of over $50 million dollars in construction, including an increase on the housing base of 316 units. The Planning Commission approved 18 final subdivisions for a total of 333 lots which will add to the housing base. Commercial construction in 1991 exceeded the prior year by 15%. Linebaugh stated this activity is a continuation of a ten year upward trend. The inspection staff handled this increasing construction trend without hiring additional staff over the last four years. 11) Public Facility Improvements - Several major renovation projects completed in 1991 include the Youth Center pool, taking 9 months to complete at a cost less then $1 million. In addition, renovation is approaching completion on the Fayetteville Public Library at a cost of over $400,000, including $100,000 in federal grant money and renovation of 5,700 square feet which will bring the library into the 90's and out of a severe overcrowding problem. 12) Park Improvements - Addition of 30 acres to Walker Park in the south part of town was accomplished in 1992 by working with the Walker Estate and planning out the future parks and recreation needs of Fayetteville. Linebaugh reported that Gulley Park experienced several significant improvements in 1991-92, including foot bridges, a hiking -biking -jogging trail around the perimeter, a sand volleyball court, and benches and picnic tables. 13) Wastewater Treatment - Sludge management operations at the wastewater treatment plant were improved to significantly reduce the number of days residents experience odor problems. Linebaugh explained that in the past, local hay harvesting had not allowed the City to place sludge on the fields in a timely manner. Staff proposed that OMI staff take over the operations with results of hay production increasing 25%, revenue increased to $91,000 annually, and by not allowing sludge to remain in the tanks with long periods, the number of bad days for odor problems was reduced. 14) Sewer System Rehabilitation - The City made tremendous strides in reducing sewer overflows and backups in the sewer system through a comprehensive sewer rehabilitation program, a massive effort, combining private contract work and a major emphasis on in-house projects. The City May 19, 1992 completed the White River watershed study in 1991 with enough rehabilitation work completed to make a major difference. In addition, Phase I of the Illinois River Basin Study has been completed and Phase II is well underway. Linebaugh explained that the major cause for overflows were grease, roots, line failure, and storm - water. He further reported that overflows numbered 490 in 1989, 358 in 1990, 152 in 1991 and only 49 through April of 1992. 15) Recycling/Composting - The already successful Waste Reduction Program achieved even higher levels in 1991-92, by saving 12,690 cubic yards of landfill space in 1991 by collecting, processing, and marketing a record amount. In addition, a new drop-off station was added on the west side of town and have ordered additional containers for the IGA and Mercantile locations. In addition to the fifteen accomplishments, City Manager Linebaugh highlighted national/state honors and/or awards including: 1) The Certificate of Achievement Award in Financial Reporting from the Government Financial Officers Association (GFOA). 2) The Distinguished Budget Award from the Government Financial,.Officers Association. 3) The Altrusa`1Club Leadership Award in recycling on a national basis. - .. 4) Dale Clark'r city Parks and Recreation Director, received the Arkansas Recreation 'and Parks Association "Parks Director of the Year" award. 5) Certificate -.of appreciation from the Army Corps of Engineers for our Solid Waste Department's efforts with Christmas trees. , Linebaugh further reported that one of the most prized achievements for 1991 was receiving the #7 ranking by Money Maaasine as one of the best communities to live in the United States, as compared to a ranking of 17th -in 1990. He highlighted the major factors .contributing to this prestigious ranking including the best rating of the top ten for low crime rate and the third best rating in the top ten for economy.* . _' c In closing, Linebaugh stated that the City Board of Directors and City Staff have played a major part in achieving this level of excellence and have -demonstrated a commitment to improving the quality of life in Fayetteville. villa . 254 May 19, 1992 Mayor Vorsanger congratulated City Manager Linebaugh and his Staff on their outstanding performance and achievements and suggested these results be put in a brochure for distribution to Fayetteville's citizens. Mayor Vorsanger further commented that the City of Fayetteville brought in outside management consultants to train all Staff on how to do their job, and he feels it was money well invested and is really starting to pay off. City Manager Linebaugh suggested that the Directors take the time to review the complete report of accomplishments which outlines all of the City's accomplishments. Director Coody suggested that the portion of the report on "Legal Issues" may be somewhat misleading, reading as though the sales tax lawsuit is resolved. He reported that this lawsuit is now on appeal and the Appeals Court may or may not overturn the lower court's decision. Mayor Vorsanger corrected Director Coody, stating that the lawsuit is being appealed by the Plaintiffs to the State Supreme Court, but the City did win the case in Chancery Court. He further stated that the City had filed a motion and brief on the case, which City Attorney Rose would further explain. City Attorney Jerry Rose explained that the City's motion asks the Supreme Court of Arkansas to: 1) Set a briefing schedule and a time for hearing the appeal in as short a period as humanly possible and 2) Not give any extensions of time to any parties to file their briefs or make oral arguments. He explained that the consequences to the City of Fayetteville over any unnecessary delay are so severe, that we have asked the Supreme Court to advance on their calendar and do everything humanly possible to get this appeal completed as soon as possible. Rose further stated that two affidavits were attached to the motion: one from Director Green, Vice -Mayor and one from City Manager Scott Linebaugh, which discuss the serious consequences to the citizens of the City to their health, safety, and welfare and to the economy, if this appeal is not heard in as timely a fashion as possible and is much pore than an inconvenience to the citizens. City Attorney Rose stated that it is hoped that a decision can be reached by the Arkansas Supreme Court on the appeal as early as September 1992. City Manager Linebaugh added that several telephone conferences have been held with ARVEST, Capital Guarantee, and other parties involved, with no resolution to date. He stated that plans are to come before the Board at the second Board meeting in June with a decision for the Board on how to proceed. Director Nash asked City Attorney Rose about the section of his brief under the title "Public Interest and Embarrassment to a; May 19, 19924: Fayetteville", it is stated that the trustee will not release the funds. She verified that the. "Trustee" refers to "ARVEST"; however, the City and ARVEST are on the same side of the lawsuit. City Attorney Jerry Rose explained that ARVEST's position is that they will not release funds to the City pending the outcome of the appeal. He further explained that ARVEST is defending the City's position on the sales tax validity and validity therefore of the bonds that were issued. OLD BUSINESS Items that have been brought before the Board but were tabled or no decision made to allow for further information to be presented. There was no "Old Business" to be discussed. 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 undo ',at"Consent Agenda." Mayor Vorsanger requested that since.there were only three items on the Consent Agenda;`•that they take`Lfany discussion and comments immediately following the reading of the item. A. Minutes of the May 5, 1992 regular;Board meeting, the February 26, 1992 special Board meeting,.and the April 15, 1992 special Board meeting; 7% B. A resolution ~awarding a ,sewer rehabilitation contract to. Insituform Texark; Inc.,.'in the amount of $354,815.00; This contract will be for approximately 6000 feet of sewer rehabilitation.` "Trenchless" technology will beutilized whereby the existing lines will betilledwith a pre -sized liner impregnated with a"heat sensitive resin. The resin will then be cured by. filling the lines -with hot water. After the curing processLhas been_ completed, the service lines will be cut. out. This -;bid and „process' has been recommended by McGoodwih, Williams,' and Yates:'•, .5 Director of Public Works Kevin'Crosson explained that this is the first application of this' technology in the City of Fayetteville and•is proposed -for 'use in the Dickson Street area. He further explained this process is typically used in areas where it would be very expensive to use the excavation 4. 0 May 19, 1992 process and dig up sewer lines and is recommended as the best method available for this particular area. Director Coody asked what kind of guarantee is being given for this "trenchless" technology. Crosson responded that there is some type of warranty, and he would provide it for Director Coody. RESOLUTION 83-92 A8 RECORDED IN TEE CITY CLERK'S O7YICE C. A resolution awarding Bid 92-14 to J.A. Riggs Tractor Co. for the purchase of a tub grinder in the amount of $156,938, and approval of a budget adjustment to recognise a grant in the amount of $125,000 and use of fund balance of $31,938: The tub grinder will be used by the composting program for grinding brush. The City had tried to utilize a chipper, but is was so inefficient and such a backlog of brush piled up, the City had to stop accepting brush for composting in March of 1990. Mayor Vorsanger reported that the Board witnessed the use of a tub grinder on their tour, and it was quite impressive. Vorsanger reported that plans include making the tub grinder available to all cities in Northwest Arkansas. He further stated his support for the purchase of the tub grinder, stating that with the $125,000 grant received, the City only has to fund $31,938 for an outstanding piece of equipment. RESOLUTION 84-93 A8 RECORDED IN THE CITY CLERIC'S OFFICE Green, seconded by Blackstone made a motion to approve the Consent Agenda. Upon roll call, the motion was passed by a vote of 7 to 0. TANDEM LOT Mayor Vorsanger introduced an ordinance approving a tandem lot behind a tandem lot requested by Larry Uptegraft for property located south of Mt. Comfort Road and west of Shiloh Drive. This request has come directly to the City Board because it requires an exception to the ordinance that the Planning Commission does not have the authority to approve. The ordinance was read for the first time. Director Henry requested that Director of Planning Alett Little explain the purpose of a tandem lot. Little explained that a tandem lot is a lot without frontage on a public street, a lot situated behind other lots and thus accessed by a private drive. The requirement for a private drive is that It 257 May 19,1992 d be at least 25 feet in width. By ordinance, only one single family residence is allowed to be constructed on a tandem lot. Also by ordinance, two tandem lots accessed by one 25 foot driveway is prohibited. Director Henry stated that it was her understanding that when the City Code of Ordinances was set out for subdivisions, that a tandem lot is in a sense, an exception to the normal path of development of land. She explained that due to Fayetteville's terrain, tandem lots have been utilized, and the Planning Commission has the power to use the tandem lot to grant an exception to the normal path of development of land. Ms. Little stated that development of a tandem lot normally must be approved by the Planning Commission. In this case, it needs to come directly to the Board of Directors, as it is a tandem lot behind a tandem lot. The reference to a "normal development pattern" is correct. Normally dwellings would be built in a subdivision pattern, but in some cases, pieces of land become "land locked" and this is a way for those pieces of land to be developed. Director Henry further stated that in a sense, this request is an exception to an exception to the normal pattern of development. Little concurred. , Director Coody asked•£f Mr. Uptegraft could put two dwellings on the property without.,subdividing the land further. Little stated this could not be1done without a special exception and verified that Mr. Uptegraft-could only put one.residence on the property even if it was left as one -8 acre tract. Mayor Vorsanger stated his understanding was that if the access road into the property was. 50 feet; -then Mr. Uptegraft could develop the property in any manner he wished. Little responded that the standard access requirement for a street right-of-way is 50 feet; therefore, -if Mr. ,Uptegraft had 50 feet, it could be declaredpublic and then developed as a subdivision. In response to Director Henry's question, Little responded that the difference between a,private and public street/drive is that the City is not responsible for the upkeep of a private street, rather the property owner is responsible. Little explained that there is a requirement that.they"pave 25 feet Tin from the public road on which they front. She further verified that if Mr. Uptegraft had 50 feet, he would still be required to seek Planning Commission approval as a tandem lot, but this would not be an exception that required Board of Director approval. Larry Uptegraft; Personnel Officer at the V.A. Medical Center, and the property owner; addressed the Board explaining that this lot was purchased for retirement purposes by his wife, her sister and w v v May 19, 1992 brother-in-law. He reported they have made improvements to the property of a large pond and planting of trees. In order to build two houses on the property, it is necessary to split the land. Mr. Uptegraft reported that he has approached the property owner to the east in an attempt to purchase 25 foot of frontage, and was advised that this property was purchased for development and speculation, which he is not in favor of. In addition, Mr. Harris, the property owner of the land on which the drive comes through, has contacted members of the Planning Board indicating no objection to the requested driveway stating he would rather have the two houses than a new development. Uptegraft reported that Mr. Harris has not yet agreed to the purchase of 15 feet of his property. Uptegraft presently has only 25 feet access to the land. He further stated that they intend to maintain the 10 foot blacktop driveway into the area of the two houses and would put this in writing. Director Green asked if a duplex works on a tandem lot. Little responded that it is not permitted. Mr. Uptegraft stated that they considered a duplex with breezeway between but were advised that it must be a single family dwelling. Director Green stated it appears the primary reason for only approving one tandem lot is that the City is basically giving up any public control over the maintenance of the street and making the basic assumption that the private owners will live in harmony and cooperation on maintenance of that particular street. Green further stated that Mr. Uptegraft's situation with only family members involved is probably ideal; however, if future property owners did not cooperate on the maintenance of this property, the City would not have recourse to require the same. Therefore, he doesn't believe that the Board can legally or contractually enter into dictating cooperation for future property owners. Green suggested that perhaps if the property could meet the requirements for a city street extension, then at some later date, the inner most residence could be a tandem lot. City Attorney Jerry Rose stated that he would need to review the property closer, but he believes Mr. Green's suggestion would be rather difficult to dictate what would run with the land in perpetuity. Director Henry asked about the standards for a private street. Little responded the standards are with regard to the width and paving of 25 feet for a public street. Mr. Uptegraft stated that in this case, it would be a driveway into his dwelling and be totally his responsibility. The other homeowner would not have any dealings with the entrance only access to the driveway. May 19, 1992 In response to Director Coody's question, Mr. Uptegraft explained that the property owner to the east purchased his property for development and was not interested in selling a portion of his property. Mr. Uptegraft also stated that the length of his easement is 75 yards from his property out to Mt. Comfort Road. Director Coody suggested that it would be an advantage to the property owner to the east to have a 50 foot easement down that length of his property. Mayor Vorsanger stated that this is not the same property owner that wants the development, but rather the person living in the house. Vorsanger questioned whether Mr. Uptegraft has approached this property owner to suggest that they jointly develop a road down the property line which would be beneficial to all parties. Mr. Uptegraft responded that he is not sure where the road was planned for the development and currently, all other adjoining neighbors are opposed to a development on this property; therefore, he had not considered expanding to 50 foot with that property owner. Director Coody stated that he would hope Mr. Uptegraft could find a way to work with his neighbor to;reach an agreement in lieu of the Board making an exception to anexception in the law. This could set a precedent that may be hard to put a lid back on. Mayor Vorsanger stated that he would be willing to make an exception if Mr. Uptegraft had 40 feet; -however, with only 25 feet, the Board is asking for trouble by making an exception. Mr. Uptegraft stated that,he would talk to his Mr. Harris again. .Y Director Henry suggested`that they- leave this ordinance on its first reading pending. further negotiations between Mr. Uptegraft and Mr. Harris to reach an agreement. Director Green asked if 40 feet would qualify for some type of street right-of-way if this were :to become a street extension sometime in the future. Little responded that there was probably a way to seek a waiver; however, the.problem with this particular .40 feet is that Mr. Uptegraft-does not own the property outright, but rather an easement.to it. She further stated that it would help in the sense that the Planning Commission could make a waiver of the 25 feet to 20 feet and approve two tandem lots that way. i Mayor Vorsanger stated that the ordinance would be left on its first reading and could be addressed 'on its second reading at a future Board meeting upon Mr. Uptegraft reaching an agreement to obtain the additional footage needed. May 19, 1992 Director Henry stated that if Mr. Uptegraft were to obtain the additional footage needed, he would simply need to approach the Planning Commission for approval. Wilson Kimbrough, neighbor to the property in question, addressed the Board stating that he has no objection to the tandem lots located on 25 feet. In the event Mr. Uptegraft were to obtain the needed footage and the City Board were to approve the same, they have encouraged or dictated the location of a street without the Planning Commission adequately researching whether this is where a street should be located. At that point, Mr. Kimbrough stated he would raise an objection until he could see what the long term ramifications were on the planning of streets and access of residences west of Shiloh toward Mt. Comfort Road. Kimbrough reported that his concern is due to the fact that the dumping of traffic onto Mt. Comfort Road is already a mammoth problem, and he doesn't want to see it complicated by unwise street construction off of Mt. Comfort Road. Director of Planning Alett Little stated that this particular request was submitted to the Planning Commission and discussed so that they were aware of it. Little stated that if a 40 foot easement were acquired, this would be two 20 -foot private drives entering this area, as opposed to a street. REZONE R92-14 Mayor Vorsanger introduced an ordinance resoninq 1.46 acres located on the north side of 6th Street and east of Old Farmington Road from R -O, Residential Office, to C-2, Thoroughfare Commercial, as requested by Dub Dunnaway on behalf of Bob Mayes for the Billy Brown Estate and represented by Kirk Elsass. The Planning Commission recommends by a unanimous decision to rezone as requested by the petitioner. The ordinance was read for the first time. Henry, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Henry, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. In response to Director Henry's question, Director of Planning Alett Little verified that the vote of the Planning Commission was unanimous. She further stated that this is an area being developed commercially, and this does fit in with the general plan. Upon roll call, the motion passed by a vote of 7 to 0. May 19, 1992 'h ORDINANCE 3611 APPEARS ON PAGE /3/ OF ORDINANCE BOOK X)(1/1/ REZONE R92-15 Mayor Vorsanger introduced an ordinance rezoning .54 acres located on the south side of Old Farmington Road and west of One Mile Road from A-1, Agricultural, to R-2 Medium Density Residential, as requested by Dub Dunnaway on behalf of Bob Mayes for the Billy Brown Estate and represented by Kirk Elsass. The Planning Commission recommends unanimously to rezone the property to R-1.5 rather than the requested R-2. The petitioner agreed with the R-1.5 rezoning. 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 Henry, made a motion to further suspend the rules and place the ordinance on its third andfinal 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. ° , -A : _, Little stated that'the'general plan shows this area as low density residential which was the reason for the;recommendation of rezoning to R-1.5 instead ;,of;;,R-2, which would permit development of duplexes. F 4 i Upon roll call, the motion passed byta vote of 7 to 0. . ORDINANCE 3612 APPEARS ONJPAGE=/<//'; OF ORDINANCE BOOK XX / REZONE R92-18 Mayor Vorsanger introduced an ordinance rezoning 5 acres located on the southwest corner of Wedington Drive and 54th from. A-1, Agricultural, to R-1, Low Density Residential, as requested by Dave Jorgensen on behalfof:Bi11 Lazenby. t` The Planning Commission voted unanimously to rezone as requested subject to certain'conditions for the'lot split. The ordinance was read for the first. -"time. Henry, seconded by Blackston, made a, motion to suspend -,the rules and place the ordinance on its.second reading. Upon roll call, the motion passed by a vote of•7 to 0. The ordinance was read for the second time. Coody, seconded by Henry, made a motion tofurthersuspend 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. 262 May 19, 1992 Little reported that the Planning Commission voted to rezone this property subject to the following conditions of the requested lot splits: 1) that sidewalks be constructed in accordance with the master sidewalk plan; 2) that payment of two park fees in accordance with city ordinance be made; 3) that extension of sewer to serve the north lot be made; and 4) execution of a contract with the City for improvement of one-half of 54th Street to city standards. The small structure located on the property was a private water well pump house at one time. Director Green asked if the conditions of the lot split will be executed under a separate contract or made a part of the ordinance. Little responded that the conditions would be under separate contract, and she believes this will be agreeable with the property owners. In response to Director Henry's question, Little stated this rezoning was approved by the Planning Commission subject to the conditions. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3613 APPEARS ON PAGE /Y3 OF ORDINANCE BOOK )')( /f PARTNERE FOR LIVABLE PLACES Mayor Vorsanger introduced a resolution approving the payment of $2,000 for the City's portion of the participation fee in the "State of the Region Initiative" - a community management strategy. Vorsanger explained that "Partners for Livable Places" is a Washington, D.C. based non-profit organization which has as its objectives to help cities, and in this case with a new initiative in which they work with regions. This group will focus on issues facing Northwest Arkansas including unemployment, deterioration of schools, drugs, crime, increasing poverty of children, AIDS, the homeless, and others. The cost of this program is $75,000. The initial fee for Phase I is $10,000, and it is hoped that Springdale, Rogers, Bentonville, and Siloam Springs will join the region and share in the costs of the program. It is being recommended that Fayetteville's $2,000 portion of the initial fee come from the economic development reserve which currently totals $8,000, carried over from 1991. Fundraising activities are planned to help fund the costs of this program Director Blackston asked if this program was a duplication or coordinated with other programs similar in nature. Mayor Vorsanger responded that he believes it will be in coordination with other programs in this region. He further explained that in the past with other such programs, cities were matched up to work together on similar problems; in this case, regions will probably be matched up. May 19, 1992 Mayor Vorsanger stated material contained in the agenda packet is a complete description of the organization and their goals, called "State of the Region", and further reports support from the Lilly Endowment and the Joyce Foundation and the cities involved. Vorsanger explained that Fayetteville became involved when the mayors and chambers of commerce of the Northwest Arkansas Region met in Washington, and on the return trip stopped in Raleigh, North Carolina to observe operation of their "Research Triangle" and learned how the three cities involved coordinated their efforts and worked together. The possibility was explored of conducting a study which could bring the Northwest Arkansas region together. Subsequently, John Lewis from the Bank of Fayetteville and Vice Chairman of the Northwest Arkansas Business Council, indicated that the Business Council would be interested in taking part in this program. Green, seconded by Coady, made a motion.to approve the resolution. j Mayor Vorsanger reiterated that the City of Fayetteville would not be spending these"funds unless the, other four cities in the Northwest Arkansas region participate.. Director Henry stated that there are already a number of initiatives in place and people committed to dealing with these problems which will be good -resources for this organization to tap. Upon roll call, the motion was.passed by a vote of 7 to 0. - 14 RESOLUTION 85-92 AS RECORDEDINTHE•CITY CLERK'S OFFICE OTHER BUSINESS. F• z i DICKSON STREET IMPROVEMENTS Mayor Vorsanger stated'that at the -last meeting on May 5, 1992, discussion took place on improvements to drainage required to complete the Dickson Street parking project. The Staff had negotiated with Mr.b<Tom Pearson to" obtain an easement valued at $5,000 for the storm sewer. Mr. Pearson asked a minimum of $15,000 for this easement and -this Board voted -unanimously to condemn the property andlet the- Court decide,the value of the easement. Vorsanger reported that an agreement has been reached with Mr. Pearson, and he has signed the original offer, an easement for a fair market value of $5,000, thereby saving court costs and legal fees for all parties. But, more importantly, the -City will not lose any valuable time in completing this project. He further reported that Mr. Pearson had outlined his concerns with the 'changes he needed to make with his future building plans relating to the route of the drainage tile, but indicated that he had foremost in his mind the improvement and revitalization of Dickson Street. Mayor Vorsanger apologized for any resentment he may have May 19, 1992 shown towards Mr. Pearson or any problems caused to his image as a property owner. He further stated that Mr. Pearson had convinced him that as one of the major property owners on Dickson Street, he will take a leading role in cooperating with everyone in the full potential for Dickson Street. Vorsanger stated that the City looks forward to the completion of this project and again thanked Mr. Pearson for his cooperative attitude. WILSON PARR Director Henry addressed the ongoing traffic problem around Wilson Park since it is a major thoroughfare and asked for a response from Director of Public Works Kevin Crosson. Crosson stated that in past years, speed bumps have been placed in the area of Dickson Street; however there are several drawbacks such as damage to cars. Crosson reported that the master park plan does include plans for blocking the drive area off to eliminate pass through from one street to the other. In the interim, Crosson stated that they would be using "breaker cuts" at strategic locations in the park drive area to alert motorists to their speed. BUCKT•F-UP PROGRAM Director Henry reported that a new campaign being promoted at the Police Department is the "Buckle -up Program" in an attempt to get a higher percentage of people who buckle up for safety. She believes that this will become a major state initiative. HOTTER BILL Director Coody read the proposed Bottle Bill resolution written by Bruce Culley and LaGayle McCarty. He explained that this was written to submit at the local, state, and national levels encouraging bottle bill legislation. Coody further read from the most recent issue in American City and County Magazine, an article titled "Bill Would Establish Container Recycling". Coody stated that best way to encourage support for the "Bottle Bill" is to approve the resolution and send it to the appropriate government entities. Director Coody made a motion to approve the resolution. Director Henry made a motion to table this resolution until the next agenda so that all interested parties can have the opportunity to express their opinions since this was not part of the current agenda. ,.ti May 19, 1992 Director Coody agreed that the resolution should be publicized and placed on the next agenda. BEAVER LAKE Director Coody stated that John Lefler and Robert Sigafoos were present to speak to the mowing controversy at Beaver Lake. Coody stated that this has a direct impact on Fayetteville and upon further inquiry, discovered that his many concerns were warranted. John Lefler, Beaver Lake shoreline. property owner and resident, addressed the Board expressing his concern about the Beaver Lake water quality. He stated that Fayetteville's state-of-the-art treatment facility is proof of the city's concern for Beaver Lake water quality and stated that he is pleased with the actions that the city has taken to deal with their.waste water problems. Lefler presented a handout and a letter to Senator Pryor from the Corps of Engineers summarizing• three proposed" changes in the shoreline management plan for Beaver Lake, as,follows:. 1) "Expanded Vegetation Modification Opportunities" (a fancy term for .mowing) of up to ,200 foot from a habitable dwelling. 2) Increase4of width of meandering pedestrian paths from 4 foot to 6 foot. •3) Relaxation from previous requirements of a closed foam floatation for all new boat docks or swim floats returning to the currently used`foam which is often seen crumbled along shorelines' Lefler further outlined a letter from Steve Wilson, Director of the Arkansas Game and.Fish Commission, :to the Corps of Engineers expressing the Commission's concerns: as to the .effect of the proposed changes on wildlife .habitat and shoreline and water quality. In addition, a letter from Richard Starr, Engineering Manager of Beaver Water 'District, to Congressman Hammerschmidt expressed that Beaver Water District believes that it is important t� keep shoreline property in its natural state and support the current policy of no clearing or_.,.mowing on Corps property, believing that this is in the best long .term interest of all users of the reservoir. Lefler further addressed letters from the Carroll/Boone Water District and Carroll County Quorum Court as well as an exampleof the organizational support for maintaining the 50 foot limit and retaining a bumper zone around the lake. Lefler stated that Northwest Arkansas can no longer keep doing what strikes its immediate self-interest but needs to look at the overall picture on Beaver Lake. Lefler further presented a list of organizations against additional mowing at Beaver Lake. 4.66 May 19, 1992 Robert Sigafoos, resident of Eureka Springs, addressed the Board on the economic benefits of the maintenance of the quality of Beaver Lake. Sigafoos stated that Beaver Lake is considered a "In Destination Activity" wherein people come from other states miles around just to use the lake. The Corps of Engineers reports that 1.8 million people annually attend the parks at Beaver Lake with 40% from states surrounding Arkansas, and it is a common concern among those visitors that Beaver Lake be preserved as it is presently. Besides the obvious economic benefits Eureka Springs and Berryville realized from visitors to Beaver Lake, Sigafoos stated that Fayetteville, Springdale, Rogers, and Bentonville also benefit directly and indirectly. If Beaver Lake were to be altered as has the Lake of the Ozarks and Grand Lake in Oklahoma, Sigafoos stated that he is confident that the current visitors to Beaver Lake will no longer use the lake. He further stated that no one will lose their jobs if the City votes to protect Beaver Lake in the future. Considering that 150,000 people use the municipal water, and if the population of Northwest Arkansas doubles in size in the next 20 years, this will create more demand on the water. Sigafoos explained that the method for allocating water charges to participating municipalities is based on operating expenses. The preservation of Beaver Lake has recreational, economic, and ecological benefits. In response to Mayor Vorsanger, John Lefler stated that he has not had the time to approach other city councils in the area, and believes that the Army Corps of Engineers should be able to take a message from the Beaver Water District and Arkansas Game & Fish Commission. John Lefler stated that when they began gathering facts in researching the issue, there were 100,000 people using Beaver Lake water, as compared to 150,000 currently. With no sign of a decrease in the unprecedented rate of growth in Northwest Arkansas, Lefler stated that they cannot afford to take any chances with Beaver Lake water. Lefler asked the Board for a resolution in which Fayetteville joins with other concerned individuals, groups and governmental bodies in asking the U.S. Army Corps of Engineers to retain the existing 50 foot limit on mowing and to maintain the integrity of the buffer zone protecting Beaver Lake. Lefler reported that written comments on this issue must be submitted to the Corps of Engineers by June 15, 1992. Mayor Vorsanger suggested that in order to allow for citizen input, the proposed resolution should be placed on the June 2nd agenda. PEDESTRIAN SAFETY Director Nash addressed a letter from Susan Raymond regarding pedestrian safety in the Leverett and Asbell School neighborhoods. 237 May 19, 1992 Nash asked if it would .be appropriate to address the needed sidewalks in these neighborhoods when discussing the Hall Avenue project. Crosson responded that Ms. Nash isreferring to a sewer rehabilitation project and a completely different contract. Nash suggested that if streets will be dug up for sewer rehabilitation, that they consider including curb, guttering and sidewalks at the same time. Planning Director Alett Little stated that this would depend on the location of the easement. SPRINKLER SYSTEMS Director Nash asked if the City code required sprinkler systems in building and construction. _'i Planning Director Alett Little responded that any building over 14,000 square_feet'r'equires a sprinkler system. GENESIS INCUBATOR Director Nash reported that the Genesis Incubator' won the 1992 Randall Waley Memorial Incubator of the Year Award, out of 470 incubator programs'in,North Ainerica:• Nash suggested that they may want to invite a representative'to speak at their next meeting. WARD MEETING Director Nash asked whether their next meeting should be held in a ward before summer schoolUvacations begin. 'City Manager Linebaugh responded that they attempted to arrange for a ward meeting at either Root or Jefferson School. on June 16th. Linebaugh reported that Root School does .not -have .air conditioning in their cafeteria, andJeffersonSchool is not handicap. accessible. Director Henry stated that''schools, are required to be handicap accessible by this coming fall. .p Planning Director Alett Little statedthat there is a requirement to address any request by someone who requires handicap accessibility with a $5,000 limitation -on the required expenditures to existing facilities. y Director Coody stated that if the meeting was held at Jefferson School, they could surely find a way to accommodate the handicapped. Director Green stated that June 16th is getting into summer school. vacations and suggested they wait until next quarter to institute the next meeting at a ward location. 20 May 19, 1992 Director Henry stated that she did not want to be responsible for funding a meeting location's handicap accessibility. Mayor Vorsanger stated that he believed Happy Hollow is in that ward, and suggested that they look into meeting at that location. Director Nash apologized to Lee Brown for not attending the art reception on May 6, stating that she didn't receive the invitation until May 15. Director Spivey stated that the two resolutions introduced under "Other Business" should be put on the Agenda, requesting that in the future, the Board members follow this policy. Mayor Vorsanger closed the meeting by reminding the public to get out and vote in the election on May 26. ADJOURMKENT The meeting adjourned at about 9:30 p.m.