HomeMy WebLinkAbout1992-06-16 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, June 16, 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, Dan Coody, and Shell
Spivey; City Manager Scott Linebaugh; City Attorney
Jerry Rose; City Clerk Sherry Thomas; 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
Directors Ann Henry and Julie Nash.
The meeting was called to order by. the Mayor with five 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.
City Manager Linebaugh announced that Items 4 and 11 would be
pulled from the Agenda. He reported that the -'Petitioner had
requested that Item No. 4, pertaining to an ordinance condemning an
access easement on behalf of the developer, Russell and Juanita
Brophy, on Country Club Mountain;•hbe pulled from the Agenda. In
addition, Staff requested that, Item No. 11 be -pulled, which
appeared on the Agenda for presentations by the ARVEST Group and
the Llama Company regarding possible ways to finance the 36" Beaver
Water Line. Linebaugh reported that this item would be addressed
at a Special Board Meeting scheduled for; -July l: -01:4;3 W
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A report to the public and Board is presented by -the City Manager
at the second Board meeting -of each month. iThis'report, for the
month of May, includes financial. information, an update on staff
activities, and items of general interest. -,
i
FINANCIAL INFORMATION
Linebaugh reported that the financial summary reflected that the
City is in good financial condition. The balancesheet at the end
of May showed assets of $196 million and liabilities of $38 million
REPORT TO THE PUBLIC
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June 16, 1992
leaving a fund balance of $158
31st, there were revenues of
$25.3 million.
million. For the period ending May
$21.2 million and expenditures of
Linebaugh stated that these figures are in line with projections.
They had anticipated spending even a greater amount in capital,
which has been slowed down due to funds being held by the Trustee
in the Bond Issue.
CORRIDOR STUDY
Linebaugh reported that a Corridor Study was being conducted
through the Landscape and Forestry Program and coordinated through
Patti Erwin, the City Horticulturist, which was reviewed by the
Landscape Beautification Committee upon completion. The
consultants hired to conduct the Corridor Study have recently
completed their portion which analyzed Cato Springs Road from Hwy.
71 along Razorback Road to 5th Street; South School Street from the
Airport to 15th Street; Wedington Road from Double Springs Road to
Garland Avenue; and Hwy. 45 to Hwy. 265.
The purpose of the study was to identify key features and to
develop attractive entry corridors to the City of Fayetteville.
Linebaugh stated that one of the key recommendations of the study
is entryway signs to the City of Fayetteville, and Staff is
reviewing the numerous options offered.
DICKSON STREET
Linebaugh reported on the Dickson Street neighborhood improvements
started on Boles, Rollston, Watson and Thompson Streets, north of
Dickson Street. He stated that improvements are being made to the
streets, sidewalks, and storm drainage in the neighborhood, and the
work is scheduled for completion on July 31st.
WALKER PARK
Linebaugh highlighted a contract to develop the concept plan for
the area of Walker Park recently purchased by the City, to provide
a nature park, athletic fields, and parking is being drafted. The
plan includes the following phases: 1) design of a topographical
map to identify all significant features; 2) a public hearing to
receive public input on the desired design for the park; 3) a
second public hearing following completion of a partial design; and
4) a final concept plan to be presented to the Board.
Staff plans to submit a contract for planned developments at Walker
Park at the July 7 Board meeting. Following an award of the
contract, work on the park would commence with completion in 60
days.
June 16, 1992
SPRING CLEAN-UP
Linebaugh reported that "Spring Clean-up" during the month of May
brought in 614. cubic yards of brush for a total compost collection
for May of 1,254 cubic yards. In addition, there were 103 cubic
yards of leaves and 116 cubic yards of grass which will be
processed with the tub grinder recently purchased by the City.
The City further collected approximately 38 tons of glass, 53 tons
of newspaper, and 2.5 tons of aluminum through its recycling
program.
Director Coody stated that he was pleased to see the results from
the Corridor Study with an emphasis on cleaning up the entryway
corridors into the City. He had previously addressed aesthetically
protecting Fulbright Expressway and asked if Staff was any closer
to establishing a policy.
Director of Planning Alett Little responded that this has not yet
been done. The Planning Staff was directed by the Board to make
the new Master Plan their top priority. In that regard, other
projects are being handled as quickly as possible keeping the Board
directive as top priority.
Mayor Vorsanger asked what kind of influence the State Highway
Department had on such a policy. Ms.. Little stated that it is the
City's responsibility, and the state has no policy.
CITY FORM OF GOVERNMENT
Mayor Vorsanger stated that the citizens voted to -change the form
of city government from the city.` manager form to the mayor -council
form of government. He will' beitaking a few minutes at the
beginning of the second meetingteach month to discuss some of the
changes that will be taking place.'
He reported that the Election Commission would ,hold a public
hearing on June 20, 1992 at 9:00 a.m./inthe•Quorum Courtroom at
the Courts Building, to discuss the redistricting,of Fayetteville's
four wards. A letter has been forwarded to the,Attorney General,
asking for clarification of the--following`"questions:
1) Is a run-off election required for both, Aldermen and
other elected officials ifno candidate receives a clear
majority in the November_3, 1992 election?
2) Is it permissible for Fayettevilie's new Aldermen and
other elected officials..to take office on January 1,,
1993?
May Fayetteville's present Board of Directors decide by
ordinance that. a new Alderman elected on November 3,
1992, be elected by wards rather than at large?
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June 16, 1992
Vorsanger stated that the answers
to those considering whether to
reported that the filing date
September 3rd.
to these questions are important
run for an elected office. He
runs from August 15th through
He further stated that the Board of Directors goes on record
stating that they will not function as a "lame duck"
administration. They were elected to four year terms and feel that
the citizens of Fayetteville desire and deserve the Board's
continued efforts to make their City function at its highest level.
The Board will take care of essential business and of those items
they have worked on during the past four years; however, the Board
will not take on any new items that might be rushed through before
January 1, 1993.
Vorsanger highlighted some of those items which must be addressed
between now and the first of 1993:
1) 1993 Budget
2) 1993 Capital Improvements Budget
3) New 36" Water Line
4) Vision Project
5) Dickson Street Overlay
6) Solid Waste Rate Increase
7) Odor Control Study
8) Township Road and Stubblefield Road Improvements
9) Vegetation Management Plan
10) Park Improvements
He stated that the City is currently blessed with a dedicated
Staff, who during the past four years, have worked under a "program
performance" format in preparing the budgets. Vorsanger reported
that the City Staff has received awards in the past three years for
their budgets.
Staff has been directed to operate in their normal budget
procedures for preparation of the 1993 budget. Vorsanger reported
that the first public hearing on the 1993 budget is scheduled for
June 25, 1992 at 7:00 p.m. Those individuals having filed for the
office of Alderman and other elected offices will be known on
September 3, 1992. On or near September 15, 1992, a second public
hearing will be held. Following the November 3rd election, the
first '93 Budget Retreat will be held.
Vorsanger stated the Board of Directors and City Staff pledge to
cooperate with those individuals elected on November 3rd to
understand and help provide a smooth transition into a Mayor/
Council form of government and to continue to improve the City of
Fayetteville.
3:31
June 16, 1992
CONSENT AGENDA
Mayor Vorsanger introduced consideration of items which may be
approved by motion, or contracts and leases which can be approved
by resolution, and which may be grouped together and approved
simultaneously under a "Consent Agenda." The Mayor explained that
there is thoughtto be unanimous agreement by the Board, but
pointed out that any Director may request the removal of an item
from the Consent Agenda.
A. Minutes of the June 2, 1992 regular'Board meeting.
B. A resolution authorizing a lease agreement with Off -Street
Parking Development District No. 1'.
The original 10 year lease has expired, and the proposed
renewal is substantially the same agreement with a new 10 year
term.
RESOLUTION 91-92 AS RECORDED IN THE CITY CLERK'S OFFICE
C. A resolution authorising the assignment of the lease agreement
between the City and Fourten South Broadway Corporation to the
Fayetteville Hotel Ventures Limited Partnership for the 180
parking spaces located in the multi-level parking deck located
adjacent 'to the Hilton Hotel.
Fayetteville Hotel Ventures- Limited Partnershiphas entered
into a contract to purchase the Hilton Hoteland wants to
continue to operate the -parking. faciiities as has been
previously done by the Fourten South Broadway:Corporation.
RESOLUTION 92-92 AS RECORDED IN THE CITY CLERR'S;OFFICE
D. A resolution awarding Bid -92-19 in_theThmountof $14,900 to
the low bidder, N.W. Arkansas Sheet Metalit for fire safety
equipment to be purchased for the Sang Center:Nutrition site
kitchen from Community Development ,Block: -Grant .funds, and
approval of a budget adjustment. ..,
This request is a change in the;'use of the 1992 CDBG
allocation. The funds are„ -remaining` from three public
improvement projects completed in 1989 and 1990.
RESOLUTION 93-92 AS RECORDED IN THE4CITY CLERR'SsOFFICE
S
E. A resolution approving an engineering contract,with Crafton-
Tull and Associates in the' amount of $15,150 for the design
and construction management of,a replacement bridge/culvert on
South College over Tin CupiCreek located between 4th and 6th
Streets and near Jefferson Elementary, and' approval of a
budget adjustment.
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June 16, 1992
The funding for this project is to come from pay-as-you-go
revenue or from the postponement of another project. Approval
for this project is being requested at this time because based
on the AHTD bridge inspection report of January 1992, the
bridge is deficient and unsafe and requires action within 6
months.
RESOLUTION 94-92 A8 RECORDED IN THE CITY CLERK'S OFFICE
F. A resolution authorising the purchase of Tract #70 in the
Airport Land Acquisition Project under Federal Grant #3-05-
0020-15 owned by Mr. and Mrs. Stanley Landon and Mr. and Mrs.
Joe Landon for a total of $78,083.20.
This property contains L & L Welding Shop and a separate
structure which is the home of Mr. and Mrs. Stanley Landon.
The purchase price consists of replacement housing of
$18,829.20, business Self -move of $8,400, home moving expense
payment of $550, property payment of $50,000, and attorney's
closing fee of $304.00.
RESOLUTION 95-92 AS RECORDED IN THE CITY CLERIC'S OFFICE
With respect to Item "B" on the
lease agreement with Off -Street
Director Coody asked the amount
bonds.
Agenda, a resolution authorizing a
Parking Development District No. 1,
of funds remaining and owed on the
City Attorney Jerry Rose stated he did not know because the City
did not have any financial interest in the matter.
Director Coody asked how the bond payments were made for the past
two years without a contract with the City.
Mayor Vorsanger stated that the Off -Street Parking Development
District was formed by providers of off-street parking, and does
not belong to the City. In response to Director Coody's question,
in reviewing the debt requirement schedule, a payment was required
no later than May 1, 1992 and if this payment was made, the
principal balance owed is $690,000.
City Attorney Jerry Rose stated that the only issue the Board is
being asked to approve with regard to Item "8" on the Agenda is the
assignability of the lease agreement. Rose further stated that he
would be happy to accompany Director Coody to speak with the Off -
Street Parking Development District in order to answer any of
Coody's questions.
Blackston, seconded by Green, made a motion to approve the Consent
Agenda. Upon roll call, the motion was passed by a vote of 5 to 0.
June 16, 1992
REZONE R92-19
Mayor Vorsanger introduced an ordinance rezoning 3.67 acres located
on the northeast corner of Joyce and Old Missouri Road from A-1,
Agricultural, to C-1, Neighborhood Commercial, as requested by Dr.
Luke Knox and Dr. Cynthia Knox.
The Planning Commission voted 6-2-0 to recommend rezoning.
Director of Planning Alett Little reported that a letter/petition
was presented to the Planning Commission signed by six people in
opposition to the rezoning.
Mayor Vorsanger read the letter/petition he received dated June 10,
1992, setting out the reasons for opposing the rezoning including
the fact that there is already a very dangerous traffic problem at
the intersection, and this area. does not lend itself to a
commercial business of this type. Vorsanger stated that the Board
looked at this property during their tour, so they are familiar
with the intersection.
The ordinance was read for the first time. Blackston, seconded by
Green, made a motion to suspend the rules and place the ordinance
on its second reading. Upon roll call, the motion failed by a vote
of 4 to 1, with Director Coody voting no.
City Attorney Jerry Rose explaindd`that this motion' required a two-
thirds majority; therefore, the ordinance remained on its first
reading.
Director Coody stated he would like to have a copy of the RM Plan
Group study to see what they -recommend for -this area. He
understood from John Merrell that there,;should.be copies available
at the City. ¢ !'
e•
Director of Planning Alett Little reported that tin the old Master
Plan, this area was zoned low density residential -She stated that
she did not have a copy of RM's proposal.' `A1 Raby;,is scheduled to
be in town on June 24th, and she felt itwould be more appropriate
to discuss this matter with,him than with:former City staff.
Patsy Brewer, a member of the Townhouse Association, addressed the
Board with additional names to add to the petition in opposition to
the rezoning. Although she is not in adjoining property owner, her
family lives down the street from the property,in question and will
be affected. She presented a photograph',of.the subject property to
the Board showing the topography of the road which,is very hilly.
She also showed that the intersection cannottbe•,seen until a
vehicle reaches the top of the knoll which does not allow much time
to react. Brewer further stated that there are two lanes toward
the west; and five lanes coming east on Joyce, two turn lanes, one
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June 16, 1992
straight lane and two lanes on the right proceeding west which
requires a jog and is not easy to detect.
Ms. Brewer stated that they are not necessarily opposed to
construction at that intersection; however, before such
construction takes place, the problems with the topography of Joyce
Street need to be addressed. In addition, she stated that there is
no consistency in the speed limit signs from Crossover Road along
Joyce, ranging from 50 - 25 - 35 - 25 m.p.h. In closing, Ms.
Brewer urged the Board to consider the safety of pedestrians.
Director of Planning Alett Little stated that plans to improve
Joyce Street are included in the '93-'94 street program.
Ms. Brewer responded that she knows people who have lived on Joyce
for 41/2 years, and they were told that the street would be widened
before they moved into their homes.
Director Coody asked if the Townhouse Association had been notified
by mail of this rezoning request. Ms. Brewer responded that they
had not been notified since their property is not adjoining the
subject property.
Jim Bexley, resident of Joyce Street, addressed the Board stating
that this is a dangerous intersection. As a professional accident
investigator, he has measured the crest of the hill, and it is 150
feet from the intersection of Joyce and Old Missouri Road. He
stated that if Joyce Street is widened, vehicles will only increase
their speed. He also felt the area does not need another
convenience store because there are 3 within a two mile stretch.
Director Coody asked if the Planning Commission had ascertained Dr.
Knox's total plan for the property.
Dr. Knox addressed the Board stating his agreement that the
intersection of Joyce and Old Missouri Road is dangerous; however,
he is not requesting a rezoning at the intersection. Knox stated
that he has personally travelled Joyce twice a day for the past
five years, and he has experienced no difficulty at this
intersection or finds nothing inconsistent with the speed limit
which is 25 mph. He further stated that he believes the major
portion of the concerns expressed will be taken care of with the
widening of Joyce.
Director Coody addressed Dr. Knox stating that it was the Board's
understanding that he had plans for construction of a convenience
store on the property and asked if Dr. Knox had decided on an
overall plan for the property.
Dr. Knox responded that he does not have an overall plan for this
property other than a convenience store at this time. The
June 16, 1992
rationale for the size of acreage requested to be rezoned 'was to
take into account the road widening and easements.
Director of Public Works Kevin Crosson stated that they are aware
of the sight -distance problems associated with Joyce Street and
this intersection, and the they will be addressed in the '93-'94
public works project.
Mayor Vorsanger explained that this ordinance would be left on its
first reading,with the second reading at the July 7th Board
meeting.
REZONE R92-20
Mayor Vorsanger introduced an ordinance rezoning 1.44 acres located
south of West 6th Street and west of Shiloh Drive from R-2, Medium
Density Residential,to C-2, Thoroughfare Commercial, as requested
by Tom Hopper on behalf of Western Hills Venture.
The Planning Commission voted 5-3-0 to recommend rezoning.
Ms. Little explained this is a rezoning request for property that
adjoins C-2 zoned property. The petitioner wants to acquire
additional property for a motel complex,. and there will be
displacement of 15 mobile homes.- .
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
by a vote of 5 to 0. The ordinance was read forthe second time.
Green, seconded by Blackston, made a motion to further suspend the
rules and place the ordinance on its third and final reading. Upon
roll call, the motion was passed by a':vote of -5 to 0. The
ordinance was read for the third.rand final time. ,
s
Director Coody reported a problem addressed''by the Planning
Commission was that the mobile home owners were curious whether
they would be relocated as' promised.» -„'In addition, Coody asked
whether there was a landscaping -plan for.theiproperty.
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Tom Hopper addressed the Board•stating,that the large scale plan
for development of the property,includes the relocation of existing
mobile homes as well as landscaping considerations.
•3. t
Mayor Vorsanger verified with Director of .Planning Alett Little
that Mr. Hopper's large scale development plan for this property
would be presented to the Planning.Commission for consideration and
approval.
Upon roll call, the motion passed'by a vote of 5tto,0.
ORDINANCE 3617 APPEARS ON PAGE .rCOF ORDINANCE E B
BOOR XJ(V
336
June 16, 1992
PEG FACILITIES
Mayor Vorsanger introduced a resolution awarding Bid 92-16 in the
amount of $105,580 to the low bidder Thomas Harding Construction,
for the renovation of the PEG Access Facilities at 101 W. Rock
Street, and approval of a budget adjustment.
The budget adjustment is to transfer the Ozark Mountain Sports
building that was purchased at a cost of $84,257 from the PEG
facilities funds to the City's General Fund. This reimbursement of
$84,257 to the PEG facilities account will make a total of $265,000
available for the renovation of the project and purchase of video
production equipment.
Green, seconded by Coody, made a motion to approve the resolution.
City Manager Scott Linebaugh explained that this item appeared on
a previous agenda and was requested to be pulled due to
difficulties with the contracts which have now been worked out.
The cost of this project figures out to be $29.57 per square foot.
Linebaugh reported that Staff has reviewed the contract; Thomas
Harding Construction plans to use local sub -contractors for a
projected completion date of September 1, 1992.
Lyle Thompson, Board member of Access 4 Fayetteville, addressed the
Board stating that the present location of Access 4 is cramped and
it is believed that this renovation project will improve the
quality of Access 4, and he urged the Board to approve the
contract.
Upon roll call, the motion was passed by a vote of 5 to 0.
RESOLUTION 96-92 AS RECORDED IN THE CITY CLERK'S OFFICE
RIGHT OF WAY GRANT
Mayor Vorsanger introduced an ordinance vacating an incorrect Right
of Way Grant that was executed and recorded as public record.
Mr. and Mrs. George Tate granted an easement to the City that
should have been granted to the adjacent property owner. This
ordinance would vacate the. easement granted incorrectly to the City
so that it may be granted to the correct party.
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 5 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
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June 16, 1992
call, the motion was passed by a vote of.5 to 0. The ordinance was
read for the third and final time.
Upon roll call, the motion passed by a vote of 5 to 0.
ORDINANCE 3618 APPEARS ON PAGE ga OF ORDINANCE BOOK X X VII
INDUSTRIAL PARK LAND
Mayor Vorsanger introduced discussion about the potential sale of
some of the South Industrial Park land.
Jim Crider, Fayetteville Chamber of Commerce, addressed the Board
regarding the sale of property at the South Industrial Park. He
reported negotiations with a company who is very interested in
Fayetteville as well as exploring property in other communities.
Mr. Crider was unable to reveal the name of the interested party;
however, he reported that it was a bio -technology company involved
primarily in the development of bio -chemical engineering processes
to produce valuable products from environmental pollutants. The
company has developed technologies for producing ethanol, acetic
acid from waste gases for carbon -black and coke -steel production.
Crider further reported that the company currently employs
approximately 15 full-time scientists and engineers, and over half
of the employees possess a PhD, and the remainder hold either
bachelor of science or master of science degrees.
The firm is seeking a location approximately 10 acres in size to
build a 13,000. square foot laboratory, office, and pilot facility
for a total value of $1.9 million. Farm,commitments of over $1
million have been received for the construction ofthe plant and
pilot facility. With expansion <into 'new laboratory and pilot
facilities, employment is expected to increase to 40 people with an
annual payroll in excess of $1 million within two years. In
addition, commercialization of other technologies will require
additional pilot facilities and expansion.of the laboratories with
pending proposals currently totalling over $30 million and include
three prototype plants and two commercial units in Fayetteville and
the surrounding area. These plants,would require up to 100
additional employees with a multi=million dollar payroll. The
employees would all be highly educated specialists, including
biological scientists, chemical engineers, chemists, micro-
biologists, bio -chemists, etc. Management, ,financial, and legal
services would also be required. These personnel would be obtained
from the available work force in Arkansas and the University. The
average salary for personnel involved in such an operation would
average out to over $50,000 per year. With the $1.9 million
investment, the City and County would realize aggregate gain on an
impact through investment in Fayetteville of $17,974 per year to
the tax base.
June 16, 1992
Crider explained that since this certainly is not a "done deal" and
for this reason, the Chamber is suggesting that they offer still
another financial incentive to this interested party. The proposed
incentive is to offer the land to this company at a price of $5,000
per acre or a total purchase price of $50,000. Assuming that the
company proved true with their projections, and within a two year
period, they employ a total of 40, an increase from the initial 15,
the amount held in escrow paid to the City for this property would
be awarded back to the company. As a further incentive, should the
business fail within five years, the property be sold, in order to
avoid a loss to the City, it was suggested that $50,000 purchase
price be reimbursed to the City.
Director Coody stated that since the South Industrial Park land
cost the City $18,000 per acre, their investment in this 10 acres
would be $180,000. In the event that this company were to leave
Fayetteville and sell the property to another industry, Coody asked
if a portion of the sale proceeds would be reimbursed to the City
of the remaining $130,000 investment instead of any profit staying
with the selling company.
City Manager Scott Linebaugh responded that only a small portion of
the South Industrial Park land sold for $18,000 per acre. The
entire park land acreage prices averaged together amounts to about
$7,200 per acre.
Director Coody stated in that event, he was in favor of the
project.
Director Green stated that the potential of this particular venture
is completely in line with the City's philosophy for a hi -tech
market, creating hi -tech jobs with little environmental impact on
the City's utility structure, and creating products from
environmental waste. In addition, Green stated that they should
also consider the sales tax revenues that a company such as this
would generate, approximately $15,000 per year on retail sales
alone. He stated that this is only the "tip of the iceberg" of the
positive impact such a company would have to the City of
Fayetteville.
Green further expressed his concern that the added incentive, in
the event the buyers default within five years, projects a
"negative" statement to the prospective company. Besides the
negative connotation, this "incentive" does not guarantee anything
to the City of Fayetteville. Therefore, he suggested that Section
3 of the resolution be removed.
Director Coody asked if this proposed business deal was so fragile,
that this one clause would blow the entire deal.
Jim Crider responded that because of the nature and high-quality of
this client, the competition for this company is extremely high.
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June 16, 1992
Director Coody stated that the reason the City purchased this
industrial park land was to maintain control over what industry
would be permitted to locate there. He asked if the clause was
removed and the land was sold to another company if the selling
company would realize the profit.
Mayor Vorsanger stated this would be true; however, another
industry would be moving into the industrial park and replacing the
lost business.
Director Spivey stated that if this land was sold by the bio -tech
company to another company sometime in the future, the City would
have no control over that sale.
Director Blackston stated that the purpose for the City owning this
industrial park land was to attract and control the type of
industry which would place •Fayetteville at an advantage. He
concurred with Director Green that he would hate to see anything
included in the proposal that would jeopardize the sale.
k
Director Coody asked if the •prospective industry has seen the
proposed resolution. Jim Criderresponded that they have not seen
the resolution, but they have,been advised of its.contents. He
reported that the industry did :raise their eyebrows" on the final
clause. �..
t
i fr `
Director Blackston stated they,are.still shopping for a site.
Director Spivey stated one of`the things' that tialways sticks out
about Fayetteville is the lack -of industries and tax -base. He
reiterated a point he has made throughout histterk on the Board and
will continue to make, that it isthose industriesthat pay for our
schools and infrastructure. Without those industries and the tax
base they bring, the only other alternative is to -raise tax rates
to property owners. a �• '' .
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Mayor Vorsanger stated that- having 'served on the Economic
Development Committee, he knows.4of other :industries that are
looking at Fayetteville.. He expressed'his,cohcerns*that Section 3
of the resolution may be sending a' negative signal to other
industries, larger than the one currently in question, and that
they may be setting a precedent:,..,
y M _
Jim Crider responded the City needseto be doing everything possible
to encourage businesses to come to our industrial -park.
F.5
Director Coody stated he was not previously aware?of the wording in
the resolution. He understood Section 3 to mean that in the event
this industry sells the property.at sometime in'the future, the
City would be required to repurchase.
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June 16, 1992
Coody asked about this industry's waste stream and atmospheric
releases. Jim Crider stated the industry would not be emitting any
by-products into the atmosphere.
Green, seconded by Blackston, made a motion to approve the
resolution, omitting Section 3.
Upon roll call, the resolution passed by a vote of 5 to 0.
RESOLUTION 97-92 AB RECORDED IN TEE CITY CLERK'S OFFICE
OTHER BUSINESS
INCINERATOR TRIAL
City Manager Scott Linebaugh announced that the incinerator trial
would begin Monday, June 22, in Judge Kim Smith's Courtroom, with
Judge Oliver Adams presiding and is expected to last a couple of
days.
WATER CONSERVATION
Director Coody stated that a year or so ago, the City began looking
into water conservation measures; however, these efforts did not
last. Coody suggested that they look at a modification to require
apartment complexes and residences to have low -flow toilets and
shower heads, in order to cut-down on water usage. He also
suggested the use of environmentally correct water fixtures.
Director Green reported that in 1979, the State of Arkansas adopted
rules and regulations for energy conservation standards for new
buildings. Among those standards were low flow shower heads and
faucets. Fayetteville is one of the few municipalities that
enforces the Arkansas Energy Code.
Director Coody stated that as a builder, he has never had an
inspector ask him if he was using low flow faucets.
Director Spivey addressed the sales tax case, currently on appeal.
He stated that if they experience a drought in 1993 and water
rationing is necessary, he wants everyone to remember the name of
John Lisle, Springdale Attorney, the driving force behind the
lawsuit. A position of water rationing would be a direct result of
Mr. Lisle's actions. If the City could proceed with the 36 inch
water line and have it in place, they would not be confronting a
possible water shortage. However, due to the delay of this appeal,
the results will not come in time to complete the new water line.
Robert Brandon, a resident, addressed the Board and stated when
discussing who caused the problem, he would like the public to
remember the efforts of Mayor Vorsanger and Director Spivey who had
the benefit of four legal opinions advising them not to enter into
4.4 .
June 16, 1992
the bond agreement which is currently being challenged in Court.
The public is not causing this error in judgment, but rather the
City Board which has been voted out of office.
Director Spivey reported the Court has affirmed that the actions of
the Board of Directors was acceptable, and the Court substantiated
this by ruling in the City's favor. So, it is not a question of
the opinions the City may or may not have received. Now, the City
is involved in an appeal which is disastrous and will ultimately
result in water rationing.
Mr. Brandon stated Mayor Vorsanger's radio announcement where he
stated those who signed the petition for an election to change the
form of government are simply "aginners" who oppose everything that
is related to progress was an attempt at alienation between
citizens.
Mayor Vorsanger responded that-in.his radio announcement, he did
not refer to everybody who signed the petition,•but rather that
some of these petitioners, who are against everything that the City
has tried to do, have a problem with "success" because they have
been unsuccessful. •
Mr. Brandon responded that they.were successful in taking the Board
out of office, and the Board hanot been successful.in staying out
of Court. '
Vorsanger stated the challenge.to thesbonding agreement was over
that portion of the sales tax that was`devoted.to the schools. He
further stated that Brandon's,group dropped the school aspects of
the bonding agreement; everything else abouttit is'legal, and the
judge so ruled. John Lisle and his clients, three of which are not
even residents of the City`.of Fayetteville, are appealing the
judge's ruling. Every ruling he has.;seen:had to do with the
schools and had nothing to do with -the rest of the City's capital
improvements.
raff •E
Brandon responded that the City:did, in fact ,$pay for legal advice
that recommended not to issue the,bonds.
City Attorney Jerry Rose stated there were indeed four opinions
given on "school" bonds that had nothing at all to do with the
�
capital improvement bonds..There never wereany school bonds
issued. The City received a bond opinion from'a qualified bond
counsel stating that these bonds were perfectly legal, and this has
been upheld by the Circuit Court.° Rose stated; that he would be
pleased to review the opinions received with Mr: Brandon.
Robert Brandon stated that it is not the City's positionto blame
anyone, other than the Board, for the position that they are
currently in with the schools as well as with the incinerator case
being challenged in court for the actions that they have taken.
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June 16, 1992
Mayor Vorsanger reminded Mr. Brandon that the current Board members
were not involved with the incinerator, but rather they have
inherited the incinerator case. He stated that he is not ashamed
of that, and he would still do everything that he has done because
he has the interests of the City at heart.
Mr. Brandon stated he resents Mayor Vorsanger and the newspaper
trying to lay the blame for the City's legal difficulties off onto
a few citizens.
NOISE ORDINANCE
Director Green stated he has had several inquiries regarding the
City's noise ordinance. He has reviewed the ordinance and believes
there is a lot of confusion about exactly what the ordinance means.
Questions such as how the decibel level should be measured are
creating a real problem for the City. Green requested
clarification from the City Attorney on interpreting how the
decibel measurements should be made. He referred to a portion of
the ordinance which refers to "receiving land use" stating he
understands this to mean the level of sound measured from the
location of the person who files a complaint, and he doesn't
believe that those involved interpret this the same way. In order
for police officers to issue citations, they need to know the exact
method for decibel measurement.
City Attorney Rose responded that he has spoken with Prosecuting
Attorney Terry Jones about the noise ordinance. Jones reported the
method for enforcement of the noise ordinance is the decibel level
measured from the sound as it moves from the edge of the property
from the emitting location.
Director Green stated that is not how he reads the ordinance
because it states "receiving land" and this definition is key to
the enforcement of the ordinance.
City Attorney Rose stated that if there is ambiguity, one method of
solving the problem is for the Board to clear up the ordinance by
amending it to make it clearer. He suggested that the City
Prosecutor be invited to attend an Agenda Session in order to
explain the correct interpretation of the noise ordinance.
Director Blackston stated he agreed with how Director Green was
interpreting the ordinance.
Mayor Vorsanger stated that the City received a petition in
opposition to the application of "George's Majestic Lounge" for a
variance from the Fayetteville noise ordinance. He asked who has
the authority to grant these variances.
City Manager Linebaugh responded that is the City Manager's
responsibility in deciding to grant variances.
June 16, 1992
Director Coody stated that there should be a way for George's to
continue to operate without disturbing residential areas. In
addition, Coody reported receiving complaints with regard to the
tract south of town and asked the other directorsif they had
received any complaints.
No one else had received complaints.
ADJOURNMENT
The meeting adjourned at 9:04 p.m.
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