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HomeMy WebLinkAbout1992-10-20 MinutesJ . v MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 20, 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, Shell Spivey, Bob Blackston, Julie Nash -and Dan Coody; City Manager Scott Linebaugh; City Attorney Jerry Rose; City Clerk Sherry Thomas; Director of Public Works Kevin Crosson; Director of Administrative Services Ben Mayes; Director of Planning Alett Little; members of Staff, press and audience. CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed comments on any item on the Agenda. He explained that in order to allow equal attention to all items on the Agenda, the Board requests that comments be limited to 3 minutes per person per item, and a spokesperson be elected for comments made on the same issue. REPORT TO THE PUBLIC A report to the public and Board is presented by the City Manager at the second Board meeting of each month. This report, for the month of September, includes financial information, an update on staff activities, and items of general interest. Linebaugh announced that this would be the last City Manager's report to the Board and public, and he would be reporting on the highlights of major accomplishments in 1992. PARKS IMPROVEMENTS City Manager Linebaugh reported that in 1992 the City added to their parks system Walker Park North with the acquisition of 36 acres of park land at a price of $200,000. A master plan for Walker Park North was approved by the City Board at their last meeting. A six foot wide pathway on the north side of Wilson Park was developed to be used for walking and jogging. Plans are to complete the pathway around the entire park in the near future. 1 October 20, 1992 'PUBLIC. FACILITY IMPROVEMENTS City -:Manager Linebaugh reported on public facility improvements completed in 1992; including the Walton Arts Center, a joint venture, between the City, University and contributors. In addition, the Library expansion was completed with a dedication held this past weekend. The Medark Building was purchased and an additional$400,000;was expended to provide additional space and improved conditions.:.to the Library. Completed in September 1992 was the'Public Access:Building (PEG) to provide proper facilities for the public to -learn and use the public channel on cable television. •, i d City<Manager Linebaugh reported on three major victories associated with lawsuits.in which the City was involved in 1992. The City was sued';and„forced to defend whether the one cent sales tax was constitutional, whether it was an illegal action, and whether the $33 million bond issue was valid. The funds involved were for major.. improvements`.primarily in the City's infrastructure. A positive victory was. achieved in chancery court. t Afte_ryears of legal battle and thousands of hours of staff time in the incinerator disengagement lawsuit, a victory was achieved in chancery court in this lawsuit. This suit, if lost, would have caused the City to default on the bond issue and to be sued by numerous other parties. The Illinois River lawsuit for which the City has been involved since 1985 with the State of Oklahoma concerning a permit to discharge effluent in the Illinois River, was won in the U.S. Supreme Court in February 1992. LAWSUITS WATER PROJECTS City Manager Linebaugh reported that regardless of the sales tax lawsuit and fear of risking severe water use cutbacks in 1993, the 42 inch water line which will run parallel with the other 36 inch water line was begun by refunding an old bond issue to achieve a new bond issue at a low interest rate, low cost of financing, and good price for construction of the waterline. ENVIRONMENT City Manager Linebaugh highlighted the Vegetation Management Plan was established after two years of research and study and approved unanimously by the City Board. The Plan identifies methods of managing vegetation and enables City Staff to properly handle the vegetation situation. 3' v . w October 20, 1992 The Sewer Rehabilitation program began in 1989 in an effort to correct sewer overflow problems. In 1992, a 70% decrease was obtained in the number of overflows. Contracts have been initiated to allow for many improvements on sewer lines, including a new method called "trenchless repair" which allows repairs without tearing up streets and customers' yards. The City's goal is to achieve no overflows by the year 1994. The tree ordinance was initiated, a citizens staff committee was formed, and a product worked out and approved by the Planning Commission. The ordinance will be presented to the new City Council at their first meeting. A pilot curbside recycling program was established in 1992 to gather information on the success of different methods. A good participation rate has been achieved with the citizens in the target area and valuable information has been attained. POLICE AND FIRE SERVICES The City has had a major problem with manning of the Police and Fire Departments, and in 1992, seven additional policemen and six additional fire fighters were added. It is felt that these additions will provide a major effort in keeping the crime rate low and making the two departments even more efficient. CITY MANAGER In closing, City Manager Linebaugh stated the City government has made a lot of progress in the last two years. He announced his plans to present a report summarizing highlights from 1990 to 1992 to the City Board within the next two weeks. CITY BOARD Mayor Vorsanger stated Scott Linebaugh has done an outstanding job for the City serving as their City Manager. Vorsanger presented a memento to each Board member stating they have each made his life easier through their cooperation and he appreciates all of their efforts. He stated he is proud of the Board and has had a wonderful experience serving the City. He commended Harold Dahlinger, City Staff member, for his work in making the plaques which Vorsanger presented to each Board member. OLD BUSINEBB Items that have been brought before the Board but were tabled or no decision made to alloy for further information to be presented. 3 . 4 Ya+ Mayor. Vorsanger reintroduced an ordinance closing a portion of Vandeventer Street from Maple to Lafayette and abandoning a portion of,the right of way as requested by University Baptist Church. 4 This ordinance was,left on its first reading at the October 2, 1992 Board meeting. UBC•is requesting this so they can locate their new sanctuary in a more favorable location without concern of street setbacks and to allow for more efficient parking and drop-off arrangements. - 4 UBC has pledged to convey whatever right of way might be needed for any. future;project..the City may have involving land owned by UBC. They, are willing to grant the City permission to route traffic through the.parking lot in emergency situations, and they pledge to continue to -allow students and patrons of the Walton Arts Center to pass through and,,park on their proposed and existing parking areas. The ordinance;was read for the second time. Blackston, seconded by Green, made"'a-'`motion.,to further suspend the rules and place the ordinance on its `third and final reading. Upon roll call, the motion was passed -by a vote of 7 to 0. The ordinance was read for the third and final time. Director Nash suggested that in the interest of not duplicating efforts as far as .a public hearing process, they table the ordinance and refer;,it to the Planning Commission for their consideration. October 20, 1992., STREET CLOSING Director Coody concurred with Director Nash, in accordance to the procedure for closing streets and alleys. City Attorney Rose explained that procedurally, since the City has an ordinance on the floor, they should table the ordinance and refer it by motion to the Planning Commission. Nash, seconded by Coody made a motion to table the ordinance and refer it to the Planning Commission. upon roll call, with Directors voting no. Mayor Vorsanger announced the Board has received citizen calls and letters both pro and con as well as several lengthy petitions in support of closing the section of Vandeventer Street. the motion to table failed by a vote of 2 to 5, Green, Blackston, Henry, Spivey, and Vorsanger Director Henry stated she has been out-of-town and would like to hear discussion on what has occurred since the last Board meeting. 574 October 20, 1992 Director Coody stated his reason for sending the ordinance to the Planning Commission is because the City's procedure for closing streets and alleys reads that, ". . one copy of the above (certificates of ownership) shall be presented by the City Clerk to the Planning Administrator who shall submit same for review and recommend for recommendation to the Planning Commission, and the recommendation of the Planning Commission shall be forwarded to the City Board of Directors." Whether the Board is for or against the street closing is one issue, but to circumvent the ordinance which clearly spells out the procedure to follow is another. Director of Planning Alett Little concurred with Director Coody's statements; however, she reported past records indicate this procedure has only been followed in 1981, 1982 and 1983 and has not been followed before then or since. She further agreed with Director Coody that the ordinance needs revision since it reads that the City Clerk's office accepts such applications for street closings, when the Planning Commission receives the petitions, who then forwards them to the City Engineer, and has for the past nine years. Director Nash stated the City has then been in violation of their own ordinance for the past nine years. She believes they will regret leaving the Planning Commission out of the loop. Alett Little responded the City Board has authority over all ordinances, so any action by the City Board to close streets is legal. The City has merely been in violation of the procedure, but the actions of the Board supersedes any ordinance. J. E. Springborn, member of the Planning Commission, addressed the Board neither for or against the street closing. However, he expressed his concern that the Board has undertaken a matter such as this without first taking it to the Planning Commission. He stated even though they haven't followed procedure in the past, it is particularly appropriate to do so at this time. Mr. Springborn stated Vandeventer Street is in excellent condition, it relieves traffic on West Street, and is a valuable asset of the City. He stated the only just way to serve the citizens of Fayetteville is to refer the matter to the Planning Commission, or alternatively, table the ordinance and leave it for the incoming city government. Bill Parrette, owner of a lot at 502 Vandeventer, addressed the Board stating he was unaware of the proposed street closing until he read it in the newspaper. He suggested Vandeventer Street be extended from Lafayette to offer four contiguous blocks access to the Walton Arts Center, etc. Mr. Parrette stated that he uses Vandeventer Street daily to get to downtown. He supports the efforts to send this ordinance to the Planning Commission. Lyell Thompson, member of the Washington County Quorum Court, and resident in the area of Vandeventer Avenue, addressed the Board and #'575 October 20, 19925: the petition containing some 140 signatures, he and his neighbors initiated, which reads as follows: !'We the residents of the neighborhood near Vandeventer Avenue where it links:Lafayette Street with Maple Street, petition the City of `Fayetteville to not close Vandeventer between these two streets." He -„recalls circulating a petition ten years agowhen this issue first came up, and receiving not one refusal to sign. 3 Attthat time,..the petition was presented to the Planning Commission arid the request to close Vandeventer was subsequently denied. Mr. Thompson further stated the allegation that 70% of the traffic on this&stretch:of Vandeventer is related to UBC, is simply not true. Although there is some element of danger at each end of this street, he. ted if streets are to be closed on that basis, there are,a,number of such streets existing in the City which should be considered first. In closing, Mr. Thompson supported not closing Vandeventer:Street. Caroline Kent, resident on Ila Street, addressed the Board requestinganswers•to the questions she had presented to the Board at`the Agenda meeting, representing concerns of the neighbors in theaVandeventer Avenue area: City Manager ScottjLinebaugh responded to Ms. Kent's questions with answers as follows:-` What was°the first date the City was contacted by UBC or any representative regarding the street closing? The first written correspondence in the current files are dated August 27, 1992. Any earlier comment by UBC cannot, be verified. 2.. What were the facts about the street closing? Who in City government oversees the master street plan? Why was Don Bunn's memory of the street closing not verified? The City's response includes attached procedures which set out differences in the procedures for handling"street closings. Petitions are submitted to the Planning Commission along with a $40 filing fee. The Master Street Plan is on display in the Planning Office and the Planning Management Director oversees the plan. The response went on to list street and alley closings from 1981 through 1983. City Manager Linebaugh stated his understanding is that there are two methods for closing a street either by submittinga petition through the Planning Commission or October 20, 1992 by state statute, with Staff presenting the petition to the Board for a decision. 3 Has there been a letter by the Fire Department and Police Department regarding the safety issues of the neighborhood as previous Planning Commissioners have requested? The Police Department's statement is that closure of this section of Vandeventer will not be a detriment to traffic safety, and actually may prevent accidents, as well as offer better visibility for officers conducting preventative patrol. The Police Department favors the proposed changes for closing Vandeventer, and they list six reasons. The report from the Fire Department states that from a fire standpoint, they see no harm or potential negative results from closing this section of Vandeventer. They suggest closing the street on a trial basis to see if any traffic problems arise. 4. Who conducted the traffic count; how was it done; why were Monday and Friday left out; and how were the numbers counted that actually entered the UBC? Director of Public Works Kevin Crosson responded the Public Works Traffic Department conducted the traffic count. John Allen reported state laws governing the counting of traffic require that these counts be taken on Tuesday, Wednesday and Thursday. Caroline Kent further stated she has nothing against UBC; however, she questions that the City Board can overturn at any time any ordinance without notice, then what is the point of having City ordinances and procedures to follow. She further stated the public deserves a right to have some say on street closings, and this street closing was almost approved at the last Board meeting. Ms. Kent reported at the last Board meeting, Ms. Little did state that it would be advisable to send this street closing to the Planning Commission. In addition, the neighbors of UBC feel once this becomes a private parking lot, any through traffic on that parking lot is no longer regulated by police, and it is difficult to get the police to investigate accidents happening on private property. She questioned whether it was legal or proper for the City to encourage citizens to use a private parking lot. In conclusion, Ms. Kent stated she has seen a great disparity in the way particular members of this Board have treated citizens who come to the Board requesting certain actions. As elected representatives, the Board should equally and fairly bring forth diverse opinions :,.October 20, 1992, and consider them within the framework of the.law that is allowed. She thanked Shell Spivey for his lack of respect for those citizens who sit at home believing in their representatives doing what they have been asked to do, she would not be at this meeting to support one side of this issue. Ms. Kent stated she is not particularly asking the Board not to close this street, but rather that they follow proper procedure so as not to provide one more incident that divides the City in•two. Phyllis Head, resident in the Vandeventer neighborhood, addressed the4Board statingwsthat she was shocked to hear that UBC was attempting to close this section of Vandeventer. In the wintertime when;the streets are.snowy-and icy, and since Maple Street is too treacherous, Vandeventer is a major street for travel. Ms. Head asked if•there were:any members of the City Board who are members of UBC who'ihould be+abstaining from this discussion and vote. —vot.fY...4...F Ernie:,Jacks`,'31iO4Williams Drive, addressed the Board in support of sending,this Street closing back to the Planning Commission, as the framer and'guardian of the City's Master Street Plan. He stated that this exact petition went before the Planning Commission ten years. ago -in°,December 1982, and addressed an editorial from the Northwest Arkansas Times-Written commending the Planning Commission in its denial-of thelpetition. The editorial went on to say that under this policy, they could wipe out the street system in this area.7asjUBC acquires"more and more property. Mr. Jacks further stated whenIUBC withdrew its petition after the 1982 hearing, the •withdrawalL-.letter;stated their request had become an area of discord'and possibleldivision in the City, and UBC did not want to become a party of that type of attention. He •addressed the 1982 editorial which suggested that public interest would be best served by..saying a friendly.!'no" to the church. Thad -Hanna, 319 Ila.Street, addressed the Board stating he had not been asked to sign a, petition nor was he a member of UBC. Mr. Hanna^stated he grew.up at 504 Vandeventer Street and lived at that location for 21 years, so he is familiar with this section of Vandeventer. As an employee in South Fayetteville, he uses Vandeventer or West Street every day of the week to get to work. Mr. Hanna reported witnessing much improvement in this area, and he is proud to be a part of this neighborhood. He stated the purpose of a church is multi -faceted: a place of worship, a place of fellowship; recreation, and provides support and a safe haven for the emotionally and financially, needy. He sees the dangerous section of this street at the intersection of Maple Street where the hill is dangerous and hazardous especially with the high rates of speed of the cars: coming down the hill. In addition, Mr. Hanna stated citizens are against cutting down trees in Walker Park and for putting in ballparks; however, noone opposed closing 'the public streets in this area In closing, Mr. Hanna stated he is not opposed to the closing of this section of Vandeventer Street, and 0 October 20, 1992 he feels the UBC parking lot will provide necessary access to this neighborhood. Gordon McNeil, resident of Fayetteville, addressed the Board in opposition to the Vandeventer Street closing. He asked Staff whether there has ever ben an open, active street closed in Fayetteville. Director of Planning Alett Little responded that several streets have been closed, giving an example occurring within the past year of an actively travelled street being closed by the National Cemetery. Mr. McNeil further stated he doesn't believe every consideration has been given to the proposal by UBC at the last meeting, that compensation be made to the City providing for passage through their parking lot. He sees the alternative passage of the UBC parking lot as presenting a dangerous situation with people getting in and out of cars and pulling out of parking places. Gail Beggs, former resident of the Vandeventer area, addressed the Board stating she left this area because of the traffic problems. This area is not subject to normal textbook regulations of traffic control, due to the way the light blinks at Lafayette and West Streets. The streets in this area are part of the old area of Fayetteville and not subject to normal traffic count and to the normal concept for streets. There are problems on West Street with the U of A transit busses and with no pull -off areas, and there have been added problems from Walton Arts Center traffic. There must be ways to address these traffic problems in this area of town. Due to the topography of the Maple Street hill, the only alternatives are Mock Street or Forest Street if West Street is backed up. Ms. Beggs further questioned access through private property, recalling that it is against Arkansas statutes to use private property, a parking lot, or filling station as a public access. Finally, Ms. Beggs asked that consideration be given to the speakers at this Board meeting as residents of the Vandeventer area are entitled to neighborhood protection. Until such time as some sort of true master plan for the City of Fayetteville, the piece meal method in which these issues are addressed can only add to headaches and problems down the road. Although she did not plan to speak for or against the proposed street closing, Ms. Beggs stated she sees this action as hasty, full of worms, and may possibly present a legal problem. She reported she has received 40 individual calls from people representing a concern with the integrity of neighborhoods afld see this street closing as an attack upon their neighborhood. In addition, she has received 250 to 300 calls from all over the City from people concerned with neighborhood integrity as a principle of the City government. In closing, Ms. Beggs commended UBC for the enormous contribution they have made in this area of the City, but suggested this matter be given more careful consideration. 1 October 20, 1992 City Attorney Jerry Rose concurred with Ms. Beggs that it is unlawful to use private property to drive across to get from one street to another; however, the exception to the rule is when the property owner allows access across private property by donating a right-of-way. to the City for their use. In further response to Ms. Beggs, City Attorney Rose read a portion from the ordinance, as follows: "In exchange for closing and abandoning Vandeventer Street between Maple and Lafayette Streets, UBC will convey to the City of Fayetteville the necessary right-of-way across UBC tproperty located west of the AIT building for a future ::north/south extension of Gregg and/or Park Street." Ms:Beggs reiterated she can personally attest that West Street in this neighborhoodiisa disaster. The City needs to be realistic about what they can expect. She can understand UBC's desire to provide accessifor the handicapped; but to do that at the expense of the integrity ofrthe neighborhood and at the integrity of adding something that could interfere with a future master plan, she would suggest lest haste and more ultimate speed. John Allen, Associate Pastor at UBC, addressed the Board reporting two,years ago, he was approached by a consultant of the Walton Arts Center about the possibility of exchanging some access for the extension to.Gregg Street, and their concerns about the closing of Vandeventer: A year ago, Mr. Allen approached City Staff regarding theseimatters"_and`what would be required to make the closing of Vandeventer,a,.formal appeal. They were given a checklist of 15 to 20:items, required. .UBC followed the procedure as set out and submitted. their request to the City Board. Mr. Allen recalled when this matter went before the Planning Commission ten years ago, the petitioners were not denied their request, but rather they withdrew their request. He,reported they have now submitted a petition with some7600 to 700 signatures in favor of the street closing. Mr. Allen stated UBC woulditake exception to the editorial appearing in the'Northwest Arkansas Times ten years ago, in that their primary interest is not forret=back considerations, but if UBC builds a new worship center to accommodate their members, it will be virtually impossible for senior adults and handicapped people to have easy access to that building. The UBC has grown not as a monolithic monster trying to buy up property, but because it has met the needs of people for many, many years. Mr. Allen announced that there were 3 or 4 individuals present to speak in favor of the petition, but further asked for a show of hands of those in favor of closing the section of Vandeventer. Director Coody asked if there were any way a.street and parking lot could be designed where the street could simply be modified, remain open, and the needs of UBC could be met as well. October 20, 1992 Mr. Allen responded they believe their proposal includes provision for meeting everyone's needs. Director of Planning Alett Little stated the Planning Commission has discussed and believe it is reasonable to move the street over, but the utilities refused to abandon the right-of-way they have and to relocate their utilities. The street width required to accommodate traffic would be a normal 31 foot street width and a 50 foot right-of-way would also allow parking on one side of the street. Mayor Vorsanger asked whether UBC has considered putting a through street in to the west, and if so, suggested this would be a good time to report on those plans. Mr. Allen responded the drawing presented by UBC shows a dotted line which represents the present location of Vandeventer, and approximately 80 feet to the west, shows the location of a right- of-way which UBC is prepared to grant to the City, which would effectively move 80 feet to the west of its present location, the north/south section of Vandeventer. Mayor Vorsanger stated this would serve, in essence, UBC's parking needs as well as the citizens' needs for access by way of a street. Mr. Allen further reported he has no plans to build on top of the present location of Vandeventer because of the utility right-of- ways. Director Green asked whether the other thoroughfare shown on UBC's plan qualifies as a city street as far as actual egress, etc. Mr. Allen responded the architect for UBC has done very little work on this project, so he explained UBC is willing to grant the right- of-way to the City to build a street through this property. Director of Planning Alett Little added what would be required to build such a street would be a 31 foot right-of-way from curb to curb would be sufficient because the utilities remain where they currently are; therefore, the normal additional right-of-way required up to 50 feet is not necessary in this case. Mr. Allen added the present width of Vandeventer is 27 feet or less than the standard requirements. Director Coody asked whether UBC or the City would be building this proposed street up to street standards. Kevin Crosson responded the City does not have its total plan complete for this area of town. C5 8 October 20, 1992:., Rev. H:D. McCarty concurred with much that has been said tonight. UBC wants to carry its own weight and does not want the City to put one penny of tax money into their projects. The property UBC has offered to give the City on the other side of AIT (the extension of Gregg) is worth far more than the property which crosses their parking lot. He further stated their plans to create a fine drive through crossing their property. Rev. McCarty added in 1965, Vandeventer was one way south, and the people then did not hesitate to use their drive to go north. Once Vandeventer was made a two- way street, the problems began with numerous accidents occurring on the north side of the street due to the high retaining wall. His reason for requesting a Board decision on their request at this meeting is because UBC desperatelyneeds parking for their senior adults and disabled. The American Disabilities Act of 1991 has madecertain demands'on UBC, and they have no other property except thataon Vandeventer to: take care of these needs. He sees this area as.UBC's neighborhood too, and believes records show UBC has been a,positive influence'in this neighborhood. Rev. •McCarty further; reported the police report they received stated the majority Of the traffic travelling on Vandeventer is UBC originated.„ He verified state regulations require readings taken fromtTuesday,to Thursday because this time provides the best mean and -balance -of the, .actual traffic pattern. Two counters were provided, one at. the north end and one at the south end, numbering traffic.` The traffic from the north were far fewer than traffic from the south.' He -explains this is due to the south exit carrying two exits from the UBC.parking lot. Rev. McCarty stated UBC is willingto work withthe City in any way so as no not to cost the Citg`a penny.- UBC believes the City in turn should work with them. UBC' is offering the, City in exchange for this street closing, propertyyworthSa tremendous amount of money and has already given theuproperty- on'the corner to the City of Fayetteville, hoping verbally that something could be worked out. When UBC approached the City, in 1982, they; did not have the extensive, urgent need that they now4havetwith.a congregation of approximately 2000 people who pay taxes, want to",,,do what is best, and have no wish to take advantage of any neighbors. Rev. McCarty went on to state Vandeventer is terribly hazardous on the north end, especially in the wintertime under adverse street conditions. In response to Director Nash's question, Rev. McCarty stated UBC needsito move ahead, -sand their plan is not a major concept plan. Everything UBC does in their future planning hinges on parking for their senior adults and handicapped. If the City can dedicate Vandeventer Street to their use, UBC will dedicate a portion of their parking lot to the City's use. Thereafter, UBC and the,City can work together to provide another access, whether a private drive or an upgraded street. A new street would be wider, new and much safer than the present conditions on Vandeventer. He does not see how anyone could object to driving from 30 to 80 feet farther down, in order to accommodate.UBC's handicapped and elderly. October 20, 1992 Director Coody stated his concern with the idea of closing the street before working on a plan. Why not reverse the process, work on a plan now and then when they arrive at a way to best achieve everyone's goals, close the street and begin building immediately on the plan agreed to. Reverend McCarty concurred with Director Coody's statement; however, the street could be closed at this time contingent on the approval of the Planning Commission on how to best handle the situation. Director Nash stated that Reverend McCarty's suggestion sounds like a good compromise that everyone could live with. She asked City Attorney Rose whether it was legal to close a street at this time contingent upon a different set of circumstances at a later date. Reverend McCarty added the street would remain open until the contingency was satisfied by all parties. City Attorney Rose responded he sees no reason why they could not make such a compromise agreement with UBC. Reverend McCarty stated they need something more than "maybe" in order for their architects to begin working on a plan. Director Nash stated she would make a motion to amend the ordinance in line with the plan submitted by Reverend McCarty. City Attorney Rose indicated he was currently working on language for a revision to the ordinance, as follows: ". . . contingent upon Planning Commission approval of a traffic flow plan between Maple and Lafayette. Director Coody responded they need to make sure it is a public thoroughfare, and not just driving through a parking lot. Mr. Kisor, architect for UBC, addressed the Board announcing he has submitted a large scale development plan to the City, for which the new City Council will be addressing. In order to proceed with plans for the new worship center, UBC needs approval on the closing of Vandeventer. The plans for the street itself can be addressed through the City's large scale development. Mary Bedford, 74 year old member of UBC, addressed the Board on behalf of the elderly and handicapped, stating the proposal for closing Vandeventer would help them tremendously in entering UBC. She urged the Board to consider approving this street closing in regard to the handicapped and elderly citizens of Fayetteville. Pam Wolfenbarger, member of UBC and of the disabled community, addressed the Board stating UBC has done a lot for her and her family over the years, including giving her a parking space on level ground with her name on it. She reported however that she 1 .October 20, 1992:; has a number-of disabled friends who find it extremely difficult to attend UBC because of the existing parking problems. In closing, she requested the Boa-rd consider allotting this land to UBC so they can provide{adequate.and safe parking for the disabled and elderly. t.; :.y rr Francis Langham, a-4charter member of UBC, addressed the Board recalling memories"of the first spade of dirt that was turned on this very steep .hill to build UBC 40 years ago. Being very familiar with this area and the problems faced with Maple Street, she questioned why anyone would come down Maple and attempt to turn south on Vandeventer•Street, when a little farther west provides a much'safer intersection to turn on to. The question of safety has to be important:,to„all neighborhood residents, and she doesn't understand why anyone in the neighborhood would have a problem using the UBC private drive to access their properties. Ms. Langham believes Vandeventer does not serve the City of Fayetteville, and that UBC is being extremely fair with their offer to the City. John Allen stated there are currently approximately 200 U of A students who use UBC parking lots every day. City Attorney Rose read the potential amendment to the ordinance, as follows: "This street vacation is expressly contingent upon Planning Commission approval of a large scale development plan containing a provision for traffic flow between Maple and Lafayette Streets.” Reverend McCarty suggested that the amendment should indicate somewhere west of Vandeventer. Director Nash stated her concern is they don't violate their own City ordinance by leaving the Planning Commission out of the loop, and asked whether the amendment address this as a municipal right- of-way. City Attorney Jerry Rose responded that under the proposed amendment, the Planning Commission would have discretion to decide for itself what the large scale development would include. The only way this issue would return to the City Board or Council would be that if the decision of the Planning Commission was unacceptable to them in some way. He further stated they could also refer to a "dedicated right-of-way". Nash, seconded by Coody, made a motion to amend the ordinance as indicated by City Attorney Jerry Rose. Director Nash requested the Planning Commission be notified of this action and put the it on their agenda as soon as possible. W October 20, 1992 Director Coody requested UBC consider planting trees in their parking lot plans. In response to Director Green's question, Reverend McCarty verified the amendment to the ordinance would meet their needs. Reverend McCarty further stated they understand the amendment to indicate that unless there is some real problem down the line, a decision will be made at this Board meeting that UBC can proceed with their plans that Vandeventer Street can be used for the alleviation of the problem they face. Upon roll call, the amendment passed by a vote of 7 to 0. Director Green stated he would like to see the new proposed right- of-way be more than simply a right-of-way through a parking lot which in itself can be dangerous, and that it be a real street and contain curbs. If the corner of Vandeventer and Lafayette is to be closed, this will create quite a bottleneck on West Avenue. Mayor Vorsanger stated he would hope this is the type of thing that the Planning Commission will present with their plan. Director of Planning Alett Little responded any plan such as this would include curbs and guttering. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3646 APPEARS ON PAGE M OF ORDINANCE BOO! )(XV1 NEW BUSINESS CONSENT AGENDA Mayor Vorsanger introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a °Consent Agenda.° A. Minutes of the October 6, 1992 regular Board of Directors meeting. B. Removed from Agenda at the Board Agenda Session. C. A resolution authorising the City Manager or Mayor, or a designated representative, to act as the City's agent for Phase II - Federal Grant #15 Relocation Assistance regarding the Airport Land Acquisition Project. The cost for the relocation assistance for this phase which includes the residents of the Francis Trailer Park and the Hatch Trailer Park is $159,800 plus a 10% variance. 1. .0 Q 4October 20, 1992 RESOLUTION 163-92 AS RECORDED IN THE CITY CLERK'S OFFICE A resolution approving administrative settlements, attorney's closing fees, and relocation assistance for Tract #71 owned by National Oil in the amount of $45,000 ($6,000 over appraised value) and Tract #25 owned by Marrs/Truax in the amount of $63,000 ($5,000 over appraised value). Attorney fees.are $304 for each parcel and the relocation/ moving expenses are $20,000 for each of the three business tenants occupying the two parcels of property. RESOLUTION 164-92 AS RECORDED IN THE CITY CLERK'S OFFICE A resolution approving lease agreements with Avis, Budget, Hertz, National, and Express Rent-A-Car agencies for airport terminal space and related parking areas. The contracts are changed from the previous contracts in that they are for arthree year term, the airport will no longer provide janitorialservice, the deplane tax has been increased from $0.09775 to $0.17198, and there is a minimum guarantee of $175,000 for the five operators. RESOLUTION 165-92 AS RECORDED IN THE CITY CLERK'S OFFICE F. A resolution recognizing $10,605 of federal funds received in association with the Urban and Community Forestry Assistance grant program and establishing an expenditure account. The Planning Division applied for and received grant money to be used for a tree inventory;, registry, and exchange; to increase technical skills of staff and educate the community; and to encouragecitizen involvement through a public relations program. RESOLUTION 166-92 AS RECORDED IN THECITY CLERK'S OFFICE Blackston, secondedbyGreen, made a motion to approve the Consent Agenda. Upon roll call, the motion was passed by a vote of 7 to 0. WALTON ARTS CENTER PARKING LOTS Mayor Vorsanger introduced a resolution approving Change Order No. 2 in the amount of $8,661 and approving additional engineering fees in the amount of $20,495 in excess of the contract amount for the Dickson Street and School Avenue parking lots. City Manager Linebaugh explained the additional charges are due primarily to (1) meeting the new requirements for handicapped access, requiring three changes (2) adjusting existing conditions that were not apparent earlier in the project, requiring seven v October 20, 1992 changes, and (3) adding brick pavers to accommodate property owners and merchants, requiring the biggest single change for $5,520. Staff does not recommend paying for the brick pavers as those were requested and installed per the instructions of the property owners and merchants and involves a dispute whether the City is responsible for the $5,520. James Cole, Vice -President of McClinton -Anchor, advised the City they received permission from City Staff member David Cox to proceed with brick paving, to which Mr. Cox denied. McGoodwin, Williams & Yates was requested to perform functions that were not included in the original contract to ensure compliance with the American Disabilities Act. Carl Yates stated their additional fees are based on cost only for employee hours and no additional professional fees were charged. Linebaugh pointed out that in the negotiations for easements, the merchants did request the brick paving, although they were not made as part of the agreement. If they had been made part of the agreement, Staff would have probably recommended that they do such paving. Coody, seconded by Blackston made a motion to approve the change order. Charles Nickle, engineer with McGoodwin, Williams & Yates, addressed the Board stating there appears to be a misunderstanding, and it is unfortunate that all parties involved at the time are not present. He reported their firm was handed a sketch showing where the pavers should be located to work out the landscaping on the north side of the Dickson Street lot. The contractor hired an out- of-state subcontractor working specifically on this portion of the project. McGoodwin, Williams & Yates has always been of the understanding that the work by this subcontractor was a directive by the City. It is further their opinion this paving work would have had to have been done anyway, and McGoodwin, Williams & Yates recommends the pavers should be paid for their work. Director Coody asked how the American with Disabilities Act stipulations were overlooked which resulted in some of the additional improvements that were made. Charles Nickle responded there were no stipulations overlooked, but rather when McGoodwin, Williams & Yates was authorized to proceed with the changes to add the ADA, Staff gave the impression that this would be included in the design, even though it was not in the original design. 4. - October 20, - 1992,x;; City Manager Linebaugh verified the. resolution as it currently exists does. not include the $5,520 change order for the brick pavers, and that $500 of that was for concrete edging. Director Green stated the City has been involved in pushing this project along for sometime now in order to meet the grand opening schedule of the Walton Arts Center. He can recall at least two other incidences in which the Board was asked to approve change orders authorized by Staff after the fact. Whenever a project is rushed along as this one has been in order to meeta schedule, there are things that can be implied and asked of the engineers and contractors without the proper authorization. This very situation has been discussed on other occasions as related to other change orders, and Director '.Green suggested Nthe City has created this problem' and should not penalize the contractors. Green, seconded by Coody, made a motion to amend the resolution to authorize the additional $5,520. Upon roll call, the amendment;tothe resolution passed by a vote of 7 to 0. 0 r rr Upon roll call, the amended resolution.passed by a vote of 7 to 0. f- RESOLUTION 167-92 AS``RECORDED4IN'THE CITY CLERK'S OFFICE A3 REZONE R92-31 • Mayor vorsanger- introduced ansiordinance rezoning 16.35 acres located at the northeast corner of Zion Road and Highway 71 from A- 1, Agricultural, to C-2, Thoroughfare Commercial, as requested by Harry Gray on behalf,oflthe Benevolent Building Corporation. The Planning Commissionffvoted 8 to r to,recommend rezoning. They also heard and were in favor of a- conditional use to allow a building materials sales center at this location. 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'-avote of 7 to 0. 'The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed bya vote of 7 to 0. The ordinance was read for the third and final time. Director Coody asked Harry Gray, representative from the Benevolent Building Corporation, whether the stand of oak trees on the west Sideofthe property will be torn down in the development of this property. October 20, 1992 Harry Gray responded a large scale development plan has been submitted to the Planning Commission and said plan reflects a 50 foot easement along that west side which would be preserved, as well as a substantial tract along the east side. He further verified this property will be developed as a Lowes Building Center. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3647 APPEARS ON PAGE 4,2U OF ORDINANCE BOOK X x UI REZONE R92-32 Mayor vorsanger introduced an ordinance rezoning 7.76 acres located south of Mission and east of Crossover Road from C-2, Thoroughfare Commercial, to R-2, Medium Density Residential, as requested by Dave Jorgensen on behalf of Dick Keating. The Planning Commission voted unanimously to recommend rezoning with the condition that the petitioner apply for rezoning of Lot 12 to R -O, Residential Office. 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 passed by a vote of 7 to 0. The ordinance was read for the second time. Blackston, seconded by Green, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. Upon roll call, the motion passed by a vote of 7 to 0. ORDINANCE 3648 APPEARS ON PAGE )90 OF ORDINANCE BOOK 20" NORTH STREET SETTLEMENT City Manager Linebaugh introduced a settlement agreement related to the North Street widening which have resulted in three lawsuits. Bert Rakes, City Land Agent, addressed the Board stating the widening of North Street has been a lengthy process, beginning at Gregg Street and west across the tracks past Tune Construction. He explained this is a state project funded with 80% federal funds. The project began in 1979; however, his report tonight is the result of only the past three years of work. Due to several design changes, part of the right-of-way on the Randall property was acquired for a different design than is currently being used, and is no longer needed for street right-of-way. The property owners, David and June Randall and Jack Burge Construction Company along with their agents have given up a lot of their time, thoughts, and efforts in an attempt to resolve the problems on this particular v October 20, 1992tE .) project. Title to the property has shifted through a couple of railroads and estate settlements, which had an impact on negotiations. The biggest problem has been access to the Burge property. Site restrictions due to the railroad's location, the construction will require a retaining wall to be placed in front of the Burge building, thereby making the access directly off of North Street practically impossible. Severance damages could be large if access has to be provided from North Street to the Burge property. The Burge property was appraised a,couple years ago for $145,000. By settling tonight, Mr. Rakes stated they could dismiss three lawsuits, one with Burge, one with Randall, and one with the Board of Adjustments, as well as avoid the continuing possible litigations pertaining to challenge protecting the public good. The Randle's have offered to purchase the Burge property keeping it whole and access with one driveway „which would allow the City to complete the project._ The consequences'of not settling would be to delay the project several months or years in court. In addition, the state has forced a priority system on municipalities. The City's priority is currently North Street, and if this case cannot be settled, they will.need to shift their priorities elsewhere. It could take several years to get North Street back on the priority system with the state. 1 Bert Rakes further explained the settlement being offered involves: 1) granting a variance of 18 foot setback from the front rather than a 25 foot setback as required; 2)r payment of $20,000 as settlement for the three lawsuits; - 3).aother considerations involving reduced construction costs, obtaining the right-of-ways as needed, temporary construction easements as required, and utility easements for existing utility lines. As the contract indicates, the City will quit claim land not needed for right-of- way back to the adjacent property owners. The project is scheduled for bid letting by "the state in January, and they are trying desperately to meet this deadline. The City must have obtained all the necessary right-of-way without .any pending litigation for challenging of the public good, before the state will proceed with the letting date. r In closing, Mr. Rakes commended LaGayle McCarty and Jerry Rose for their long and hard work to get to this point. It is believed that this is the best agreement that can be reached outside of Court. Mayor Vorsanger stated as the City's number one priority, it is important they move ahead with this settlement. Coady, seconded by Blackston, made a motion to approve the settlement agreement. Lamar Pettus, attorney for the Randalls, addressed the. Board encouraging them to pass the resolution as it is in the best interest of all parties involved. 0:/11 October 20, 1992 Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 168-92 A8 RECORDED IN TEE CITY CLERK'S OFFICE SYSTEMATICS RENOVATION Mayor vorsanger introduced a resolution authorising approval of four items required to initiate the construction renovation of the Systematics Building which was purchased in 1991 for additional Police, Communications, and Municipal Court space. The four items requested for approval are as follows: (1) approve a budget adjustment which involves "switching" the existing funding for the Systematics renovation and the Dickson Street improvements projects, (2) approve a contract in the amount of $810,000 with Marinoni Construction, the low bidder who originally bid the job in January, 1992, but has stated they will honor that bid until October 31, 1992, (3) approve a change order with Perry Butcher & Associates in the amount of $14,000, and (4) approve a budget adjustment in the amount of $176,000 from the General Fund Undesignated Fund Balance. Funding for Dickson Street improvements will now be funded through the Sales Tax Construction Fund on a pay-as-you-go basis. Harold Dahlinger, Facilities Superintendent for the City, addressed the Board with a presentation on the Police Municipal Court renovation. He reported in December 1989, the City Manager appointed a Building Space Committee to study the needs of various departments and divisions within the City. At that time it was found there were critical needs in Central Dispatch, Police Department, Municipal Court, and various divisions and departments within this building. In January 1991, the purchase of the KHOG and Systematics Building was approved. In March 1991, the City Manager appointed a Renovation Committee which subsequently made a recommendation to contract Roth & Shepherd to do a police/municipal court/staff and space needs study. The firm of Hailey & Associates was contracted to do a study on Central Dispatch which was operating in 212 square feet within the Police Department. This study resulted in their recommendation that Central Dispatch be enlarged to a minimum of 1,800 square feet. Herb Roth, Roth & Shepherd Architects from Denver, Colorado, addressed the Board stating his firm was hired in the spring of 1991 to do a needs assessment and programming study for the Fayetteville Police Department, Municipal Court, and Prosecutor's Office. The study thereafter performed in cooperation with the Building Committee and Police Department was intensive, determined and rewarding. The study included analyzing existing space, the existing Police Department organization, the Municipal Court and Prosecutor's Office, operations of Police Department, and efficiencies or lack of efficiencies by the Police Department due V V J October 20, 1992 to' the outdated facility they were and still are working out of. Mr. Roth explained the needs and programs were decided to be projected to the year 2012, a twenty year period, and a reasonable programming effort in terms of time. The growth projections for the City of Fayetteville Police Department were calculated on statistical data based on other police departments in the U.S., detailed analysis of cost of service, detailed analysis of investigative case loads, and service delivery policy. The Systematics Building was evaluated, including the hazardous material (asbestos) contained therein which required removal. Once this was done, an extensive alternative design study was conducted for the Systematics Building, and provided several different evaluations and alternatives for this building to house the Police Department and Municipal Court. It has been determined the Systematics Building can house the Police Department and Municipal Court in a very efficient manner, and this building can accommodate the growth of the Police Department beyond the projected 20 years. Roth stated it is believed this would .be a good step for the City of Fayetteville and for the Police Department. Steve Davis, City Budget Coordinator, addressed the Board and reviewed the bids received. The bid'was let on January 28, 1992 and bids ranged from $810,000 t� $929,800, with Marinoni Construction Company. submitting the low bidder. During the design development phase, Roth & Shepherd presented a construction estimate of $680,000. After Perry Butcher & Associates was selected and prior to bidletting, Perry Butcher & Associates at that time placed the estimated construction costs at $903,000. The actual bid has a square footage cost of $35.14, compared to the PEG renovation of $31.99 and the county renovation of the First South Building of $38.83 perrsquare foot. . Perry Butcher, Perry Butcher & Associates, addressed the Board stating this project met the ADA standards as interpreted at that time. Due to the changing pattern, these standards will be reviewed; it is believed there is nothing unsolvable. In addition, this project was bid with Arkansas wage rates and the project was reviewed by the state, and approved, for ADA standards. The competitive biddingreceived was responsible in large part for the good bid received by Marinoni Construction. Mr. Butcher stated a comparable facility built new including property would have cost approximately $1.1 million. In closing, Mr. Butcher stated his firm is very pleased with the way this building works and functions, with the way that it will serve the City, and with the bid submitted by Marinoni Construction. Mayor Vorsanger stated the bid was submitted in January 1992, but Marinoni Construction is willing to extend the price through October 31, 1992. Director of Administrative Services Ben Mayes addressed the Board reiterating they have tried to meet the urgent needs of these City October 20, 1992 Departments. The contractor is ready, willing, and available to do the project at a very reasonable bid. The funding is available, but a budget adjustment which involves switching funds of Dickson Street and Systematics is needed. The Dickson Street monies are located in the General Fund which is not tied up in the sales tax lawsuit as is the Systematics pay-as-you-go funds. Mayes further explained the only danger in this budget adjustment is if the City loses the sales tax lawsuit, it is possible Dickson Street could not be completed. However, if the City does lose the sales tax lawsuit, there will be a lot of capital projects that will have to be thrown out and reprioritize. Ben Mayes further outlined the four items before the Board for approval: (1) a budget adjustment which switches funding; (2) a contract with Marinoni Construction in the amount of $810,000, with a $40,000 contingency; (3) a change order with Perry Butcher & Associates in the amount of $14,000 for additional construction costs; (4) a budget adjustment in the amount of $176,000 from General Fund's unreserved fund balance, which includes $28,500 for the moving of communication equipment. City Attorney Rose read a combined resolution he had prepared which approves the four items outlined by Ben Mayes, required to initiate the construction/renovation of the Systematics Building. Mayor Vorsanger addressed the concerns that if these monies are transferred from Dickson Street, that Dickson Street will be forgotten. He asked what can be done to assure people the City is committed to Dickson Street. This is the time of the year to begin inside construction/renovation, and no time to begin repaving of Dickson Street. The City is sitting on these funds and could be using them to begin the Systematics renovation. Ben Mayes responded the reason for recommending the fund transfer is exactly the point made by Mayor Vorsanger, the winter work that could be accomplished inside the Systematics Buildings versus outside work on Dickson Street. The City is basically out of street construction until April 1993. The City Attorney advises that the sales tax lawsuit should be settled and done in December 1992 or January 1993. The switching of funding does not un -budget Dickson Street which will remain a budgeted item under a different funding source. Director Henry stated the new incoming City Council could reprioritize the budget anyway. If the sales tax lawsuit is lost, there would be a total reevaluation of all projects. The process and decision made by the City to buy Systematics two years ago, shows the current Police building built 30 years ago is totally inadequate, especially with the addition of Central Dispatch (911). Henry stated they need to take this as they have other items on the agenda, on faith that the new City Council will not totally undo October 20, 1992 the priorities developed through a long system of infrastructure need studies. Mayor Vorsanger stated they are lucky to be able to find a facility close to the other City facilities and to be able to tie in the City Jail with the new police station. Director Blackston stated all you need to do to realize the urgency and high priority need for these facilities is to tour the current police department facilities. Director Green commented it was fitting that this should be the last item this Board votes on as a City Manager form of government. This project was started by the current Board several years ago. Considerable funds have been invested in the property itself, planning and architectural fees, and he is ready to finish the job the Board started. Green sees the proposed project as a great solution to a very strong need of the City, and it will serve the City well for many years. The price is right and the contractor has been willing to hold his price until the end of October. Green stated if the project were to be rebid, he doesn't believe the City would get near the bargain. In addition, Green .suggested this Board, in turn, make a commitment to the Dickson Street project. He stated the current Board cannot guarantee or dictate the next City Council's actions. Director Coody stated his concern.that Dickson Street is high priority as well, and a ton of work has already been done on this project. The Dickson Street Improvement District has a concern that funding will not be available to complete this project. Coody reported a comment made by a•City Staff member at one of the last Dickson Street Improvement meetings a couple months ago, that if the Improvement District did not accept the plan of the City Staff, that Dickson Street would be made a major thoroughfare, and they would find other ways in which .to spend the $810,000. He stated this comment has concerned the Improvement District and asked whether there was any truth to the statement. Director of Planning.Alett Little stated she does recall discussion regarding the Dickson Street funding, but does not recall an ultimatum made such as Director Coody reported. As can be documented by their memos, the City has'been in a compromise mode since May. Several efforts have been made to coordinate the City's technical study with what the Dickson Street Improvement District wishes to place along Dickson Street. If this compromise was not possible, then it was possible the Dickson Street Improvement project would not continue. Mayor Vorsanger stated these concerns are all irrelevant because only this Board, and the future City Council can make commitments. October 20, 1992 Director Spivey added unless Director Coody could state the source of such a statement, the same was merely hearsay. Kirby Estes, architect for the Dickson Street Improvement District, addressed the Board stating that Director of Public Works Kevin Crosson made a statement at the Dickson Street Improvement meeting in June 1992. At the time the allocation of funds was being discussed, Crosson stated if the Improvement District was not content with the way that the City was approaching this issue, the City could take the money and put it somewhere else. He admitted that tensions were high at this meeting. Director of Public Works Kevin Crosson stated the City's records will document the City's willingness and ability to compromise with the Improvement District from the beginning. He stated it would have been presumptuous of him to have made a statement such as alleged by Mr. Estes, and he does not recall doing so. He concurred that the City Board makes the decisions on these type of priorities. Director Coody stated he agrees they need to complete the Systematics Building, but he also believes Dickson Street also needs to be considered as one of Fayetteville's top priorities for economic development and City beautification. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 169-92 RS RECORDED IE TEE CITY CLEWS OFFICE EXECUTIVE SESSION The Board retired at 10:23 p.m. into executive session in order to discuss the employment of Scott Linebaugh. The Board returned from executive session at 10:38 p.a. Mayor Vorsanger announced the Board had discussed what arrangements the City could make to recognize Scott Linebaugh's thirteen years of service to the City, and cover all of the Board's obligations as far as accrued benefits, including earned comp time. Mayor Vorsanger read a proposed agreement for the Board's consideration. In essence the agreement stated that: (1) it was in the mutual best interest of all parties for Scott Linebaugh to continue his employment with the City in a consultant capacity to the new administration of city government for a period of time not to exceed 120 days; (2) Scott Linebaugh would agree to work for the City in a consulting capacity for the period beginning November 1, 1992 and ending on or before March 1, 1993, for the same monthly salary and benefits he is currently receiving from the City as City Manager; (3) Scott Linebaugh would agree to cooperate with available City Staff and/or the newly elected Mayor and Aldermen October 20, 1992 ,�' during the term of the contract, as a consultant to assist the City in an orderly transition to the new aldermanic form of government; (4) Scott Linebaugh waives any right, entitlement, or interest to any accrued benefits from his employment with the City other than accrued vacation and sick leave. Green, seconded by Blackston, made a motion to approve the agreement with Scott Linebaugh. Mayor Vorsanger explained the 120 days term of the contract in essence covers the comp time that Mr. Linebaugh has accumulated over the 13 years of employment with the City. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 170-92 AS RECORDED IN CITY CLERK'S OFFICE OTHER BUSINESS Director Green stated his term.on,the Board of Directors has been a learning experience, and he'appreciates the support given by all City Directors: ':With regard to the upcoming election, he does not wish to take sides; however,` besides speaking to the apathetic voters in the past, urging them' to get involved, he urged the uninformed voters'to check out,qualifications of the candidates for which they were voting. Green stated that come November 4th, the City would .experience a totally new government and urged all citizens and :voters:of,Fayetteville to be informed about who the candidates are, what they stand for, and to make a decision about what the City,needs. He.commended"the newspapers for their efforts to inform the public about the candidates. Green further urged voters to leave -blank those areas on the ballot which they were unfamiliar with.. Mayor Vorsanger thanked..Harold•Dahlinger for the plaques he made for the City Board members, as well as all plaques he had made in the past to honor distinguished people visiting the City. ADJOURNMENT s ; The meeting adjourned at 10:46 p.m. t