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HomeMy WebLinkAbout1994-03-01 Minutes41 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, March 1, 1994, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville., Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams, Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens, Joe Box, and Heather Daniel; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Assistant to the Administrative Services Director Brian Swain; Planning Management Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. CITIZENS' PUBLIC SERVICE AWARD PRESENTATION Mayor Hanna presented the Public Service Award to Pat Donat. Mayor Hanna stated Ms. Donat had been a reporter for the Northwest Arkansas Times for many years. She has dedicated service to the Washington County Historical Society since 1960, the Fayetteville Hospital Auxiliary since 1985, and worked in The Attic at City Hospital, has been a member of the Washington Regional Medical Center's Development Board, and instrumental in helping develop the genealogy department at the City Library. 5TH AND 6TH GRADERS AT ASBELL SCHOOL Mayor Hanna stated the 5th and 6th graders at Asbell School have made over $2,000 and donated it to five local charities, including churches in the area, the Salvation Army, the Battered Women's Shelter, and the United Way. Mayor Hanna thanked these students for their hard work. CONSENT AGENDA Mayor Hanna 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 February 15, 1994 regular City Council meeting; B. A resolution approving the 1993 roll -forward budget adjustments. These budget adjustments will allow 1993 funds to be made a part of the 1994 budget for use on projects and certain 42 March 1, 1994 operational items that were originally budgeted for .1993 but will not be completeduntil 1994. RESOLUTION 28-94 AS RECORDED IN THE CITY CLERK'S OFFICE C. Moved to Item 3A D. A resolution awarding a contract to RJN Environmental Associates, Inc., in the amount of $368,040 -plus a 10% contingency of $36,804 for a total of $404,844 for engineering services for the Sanitary Sewer Main Replacement and Rehabilitation, White River Watershed Minisystem 18B/C. RESOLUTION 29-94 AS RECORDED IN THE CITY CLERK'S OFFICE E. A resolution awarding Bid 94-7 to the low bidder for annual 'curb and gutter conatruction-for 1994.: The major projects scheduled for 1994 are for curb and gutters .for.the Airport Parking,;Lot, Davis Street, and possibly the Youth Center Parking Lot•and South College Avenue. The bids will -be 'opened Marchrl'1994, and recommendations will be made at the Council meeting. RESOLUTION 30-94 AS RECORDED IN THE:CITY CLERK'S OFFICE Vorsanger, seconded by Box;'made a motion to approve the Consent Agenda. Upon roll call, the3motion passed -by a vote of 8 to 0. PAY PLAN • Mayor Hanna introduced consideration of a resolution adopting new step rates for civil service fire` and police ' employees and adopting revised pay ranges for hourly and salaried employees. The existing pay plan was adopted •effectiveJanuary 1, 1990, Hay Management Consultants recommend the pay -range adjustments: �, ,,.. � U a 1 Alderman Daniel=stated the .pay_raises'..may seem:high, but this is for a two year period. However, she feels the City is lucky t� have the -quality .of police andefire.Ffighters theyCity has employed. Miller,'seconded.by.-Daniel, made'a'motion to -approve" the pay plan increase and to make the increase retroactiveto'January 3,'1994e Upon roll call;;the motionapa§sed by'a vote&of.rto 0. . € RESOLUTION 31-94 AS RECORDED IN THEfCITY CLERK'S OFFICE ' EASEMENTS Mayor Hanna introduced Consideration of a resolution granting a 30 foot wide permanent- and''a`50 -foot .wide temporary -construction easement on City owned property in the North Industrial Park 43 , 43 March 1, 1994 required for the installation and maintenance of the 36" Water Transmission Line. Odom, seconded by Vorsanger, made a motion to grant the easements. Upon roll call, the resolution was passed by a vote of 8 to 0. RESOLUTION 32-94 AS RECORDED IN THE CITY CLERK'S OFFICE ELECTED OFFICIALS' COMPENSATION ALDERMEN'S SALARY Mayor Hanna introduced consideration of a proposal concerning elected officials' compensation effective January 1, 1995. Mayor Hanna stated the proposal for the aldermen's salary is to be increased from the current $350 per month to $750 per month. Mayor Hanna stated the City Council puts in many hours each week and month to do this part-time job. City Attorney Jerry Rose read the ordinance for the first time. Alderman Bassett stated he initially voted for no pay•for He" has come to learn that there are some people who precluded from running for this office without any pay. he feels $350 per month is fair, and $750 per month is There are many infrastructure needs for this City, and rather see that money used there. aldermen. might be However, too much. he would Alderman Williams stated he agreed with Alderman Bassett. The Council just voted a 3% raise for City employees, and the proposal for the alderman would more than double the current pay 3 He feels $350 per month is fair. He likes being paid because it reminds him the City Council members are employees of the citizens. Alderman Miller stated he feels the aldermen should be paid. He feels from $350 to $750 is quite a jump. He suggested leaving this ordinance on its first reading until the next meeting to allow for citizen input. Alderman Vorsanger stated he voted against any salary, and he still feels public service is what all of this is about. Prior to the change in form of government, no one on the City Council got paid. He feels there was at least 20 years' worth of outstanding people who served on the past City Council, and many of them could not afford to give, but they did so. Alderman Vorsanger pointed out there are several boards and commissions that many citizens serve on without receiving any compensation, such as the Planning Commissioners who put in a lot of hours. This past year, he has donated his salary to charity. He will vote against the pay increase. March 1, 1994 Alderman Edens stated he feels aldermen should be paid, but he feels.$350 per month is sufficient. This pay level will let anyone who is interested run for office. Mayor Hanna• stated he is glad this issue ison thetable for discussion. He agrees with what has been said, and he feels the City Council is the best judge if their salary is correct or not: This item was left on its first reading to be brought up at the next City Council meeting. MAYOR'S SALARY Mayor Hanna stated the proposed salary for the mayor is to be 5% greater than the average of the department directors and chiefs. The salary will be changed once each year. ..There will also be a $5,000 automobileeallowance. Currently;, there are several people drawing higher salaries than their boss, and that is a problem. He personally feels 5% is a little large and would be more comfortable with 2%. City Attorney Rose read the ordinance setting the mayor's salary for the first time. Vorsanger, seconded by Odom, 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 8 to OE The City Attorney read the ordinance for the second time. Odom, seconded by Vorsanger, made. a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0, and the City Attorney read the ordinance for the third time.. Alderman Vorsanger stated he felt the mayor's salary is too low because there are employeeswho make more than.he;does. He feels a 5% differential is too low. `'w Alderman Williams. asked what this would result -in the salary being. Brian Swain stated it.would.be around $60,000.. Alderman Williams feels Mayor Hannahas done a betterjob•than the past city manager.who made much more than -$600:00. Alderman Bassett stated the mayor has done a tremendous job. The mayor's .job is a full time, around-the-clock job, and he is in favor of the increase. Upon roll call, the ordinance ORDINANCE 3764 AS RECORDED ON was passed by a vote of 8 to 0. /36 PAGEAOF ORDINANCE BOOK - V// 45 March 1, 1994 CITY ATTORNEY/CITY CLERK SALARIES Mayor Hanna stated the city attorney and city clerk salaries will be based on the current salary surveys. The increase to these two positions will be an annual increase equal to the average percentage increase granted to non -civil service employees the preceding year. City Attorney Rose read the ordinance setting the salaries for the city attorney and city clerk first time. Alderman Edens asked if this would be done every two years. Swain stated the City has looked at the salary survey each year, but has only made changes every two years. He stated staff can do whatever the Council would like. Swain stated there was basically no difference in the pay levels between 1992 and 1993. Alderman Odom stated he agrees with Alderman Edens about adjusting the pay scale every year. Personnel Director Don Bailey stated a salary survey is conducted annually. He stated pay increases are recommended when there are increases in salary of the labor market. When there is only an 1% or 2% increase, there is no real need for a change in the pay scale. On the other hand, if the market was increasing quickly, that would justify adjusting the City's scale more often. • Alderman Vorsanger stated he was not sure tying the city attorney and city clerk's salaries to step increases was the correct method. He felt these salaries should be compared to other selected officials' salaries in other cities. Mayor Hanna stated these two people had initially been hired as city employees, and when their salaries were set, the survey was based on both elected and non -elected positions. Vorsanger, seconded by Edens, 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 8 to 0. The City Attorney read the ordinance for the second time. Odom, seconded by Box, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0, and the City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3765 APPEARS ON PAGE /37 OF ORDINANCE BOOR XX Y// 46 March 1,11994 ".CITY TREASURER/CITY..CLERK . Mayor Hanna introduced an ordinance that would combine .the offices of City Treasurer.: and City -Clerk into: the office sof City Clerk/Treasurer. City Attorney Rose read the :ordinance .for -the- first- time.. Williams, seconded by Daniel, 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 8 to 0. The City Attorney read the ordinance for the second time. -Miller, seconded by Williams, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll..call, the motion passed by a..vote of 8 to 0, and the City Attorney read the ordinance for the third time. Alderman Williams asked Treasurer Bunton his opinion. Bunton stated it was his intention to be involved with the transition -in the change of government.. He ,feels the two positions should be combined. He stated he has enjoyed serving in this position, but he believes combining the two would be the best for Fayetteville. Alderman Daniel asked how much more work this would be for the City Clerk's office,:and-perhaps the.salaryfor that position should be considered in light of this merger. Mayor Hanna stated there would be no more work, and if the City Clerk's office needs more help, they will hire'additional help rather.than increase the pay:for the City Clerk.- Upon lerk. Upon roll call, the ordinancepassed by a vote of 8 to 0. ORDINANCE 3766 APPEARS ON PAGE 43y OF ORDINANCE BOOR X x Y// BARRINGTON_PARKE APPEAL Mayor Hanna introduced consideration of an appeal filed by Alderman Kit Williams regarding the -Barrington -Parke Preliminary Plat. Williams, seconded by Miller, made a motion for the Council to hear the Barrington:Parke.appeal. -Upon r'oli call -,_.the motion'passed by a vote of 8 to. -0.- i r - Mayor Hanna stated in the appeal letters filed by Aldermen Williams and Miller, the issues to be addressed -have been listed. Alderman Williams stated: concerned with there being the only greenspace is 2/3 felt with this large a he filed his appeal because he was over.130-homes in this development and an acre for a -park or playground. He subdivision, there needs to be more 47 March 1, 1994 greenspace. He stated Fayetteville is rapidly developing, and the City needs to do something about this. He stated there is a park being developed by Harley and Ruby Brigham with a 1,000 to 1,200 feet walking trail. They have agreed to deed this trail over to the City. It averages about 20 feet in width and includes a pond and gatehouse. There needs to be facilities for parking, so they have agreed to sell .6 acre to the developer to be made into a parking lot. The developer would then deed this to the City. Alderman Williams stated he agrees with the compromise that has been worked out so that the greenspace adjoining the property could be acquired from the Brighams and keep the 2/3 acre park in the subdivision. He stated there is still a problem with preserving the trees along Fox Hunter Road. If the road is widened to City standards, the trees will have to be taken down. He recommended a compromise to not bring the road into compliance with City standards and keep the trees. Alderman Miller stated he would discuss this portion of the appeal. He stated the developer has agreed not to have an access to Fox Hunter Road at the top of the hill. He has agreed to make this a bike trail and pedestrian entrance only. He recommended keeping Fox Hunter Road at substandard levels and move traffic up the hill to exit closer to Highway 45. Mayor Hanna stated the developer has agreed to buy the land from the Brighams that connects to Red Wolf Park. The Brighams will deed this to the City, and it will remain a part in perpetuity. This will give the subdivision well over 2 acres of land now plus the use of Mr. Brigham's park. Mr. Brigham is also developing a nature center for people to use. Mayor Hanna stated it had been proposed to move the entrance to the subdivision over 1 lot which would be in front of Harold Moore's house. It is now being proposed to move the entrance back to the original site, not directly across from Mr. Moore. Mel Milholland stated the developer has agreed to this compromise and is willing to buy the .57 acre from the Brighams. Harley Brigham address the Council in favor of the subdivision and in favor of the proposed compromise. He stated he began working on his park in 1985. Mr. Caston will be giving him financial assistance that will allow him to continue work on the park. He stated the subdivision will have lots that are about 1/2 acre, and the houses will have no less than 2,000 square feet. He stated this will be no shanty town, and he is in favor of the development and is in support of saving the trees. Cyrus Young asked if the park inside the subdivision would be a public park. 48 March 1, 1994 Alderman Williams stated it will be owned by the homeowners association. Fran Alexander showed the Council pictures she had taken of the trees lining Fox Hunter Road. She stated she was glad these trees were going to be saved. She asked if there would be any access right-of-way easement at that curve for future use. Mayor Hanna stated there would not, it was only to be a bike and hiking trail. Alexander asked about the equipment to be put into the park within the subdivision. Mayor Hanna stated the developer would be responsible for putting in the equipment,. and the homeowners association would continue to maintain the park. Alexander asked if the developer would give something to the people who purchased the lots saying the trees in the right-of-way could not be cut or damaged. Ben Caston, the developer, stated that would be handled in the covenants of the subdivision. Harold Moore, a resident on the north side of Fox Hunter Road, stated this. development impacts him because of the access situation to the subdivision. He would like to get the access moved at least one lot to the west or two lots, if possible. Milholland stated it would be unsafe to move theentry because of the hill. By moving the entry, visibility would be by 1/2 of the current distance. He stated County Road 75 will be widened according to City ordinances and will have curb and gutters. Alett Little, Planning Director, asked what was the height difference between the lots, and how much would have to be cut to adjust the crest. Milholland stated it would take cutting down the road several feet: This would jeopardize the tree roots on the opposite side of the road. Rosanne Gonzales asked if there would be a trail from the park in the center of the subdivision to the edge of the subdivision to the .6. acre nature: park and trail. Mayor Hanna stated the developer has planned a trail connecting the two. .. Keith Schultz, a resident living past Harley Brigham on Fox Hunter Road, stated he was disappointed that there was 134 homes approved 49 March 1, 1994 for this development. He stated the initial plan that went before the Planning Commission was for 50 or so houses. He stated this compromise was incredible in that the developer was not being asked to pay to fix Fox Hunter Road. There will only be one access across from the Moore property. Jim Benton, a resident living east of the property, stated he is glad Fox Hunter Road will not be improved. He stated the entrance to the subdivision will create a tough situation for Mr. Moore. However, he does appreciate the compromise. Laura Logie stated she feels bad for the Moores, but if the access is moved closer to her house, the road will have to be lowered. Chris Romine stated she was glad the trees were to be saved. She asked who the neighbors should call to get the protective covenants enforced. Alderman Williams stated the covenants are to be enforced by the property owners. Frank Ranger stated he appreciates the Council saving the road. He thinks there will still be a problem with the access across from the Moore property. Ben Caston stated he has tried to work out the best possible solution for the development and the surrounding neighbors. They will improve the entrance onto Highway 45, and it will not be a straight shot, which will slow down traffic. They have looked at every single statement made by the property owners. He has tried to follow the ordinances and has exceeded them. He just wants to be treated as other developers in the area. Carol Stanberry stated there was about 10 acres that could be considered a wetland by the Corps of Engineers located on the northwest corner of the property. Larry Long stated Barrington Parke could be a landmark decision for the City. This is an example of continued abuse of inadequate ordinances. He feels no one examines the issues until citizens bring something to the City Council's attention. He suggested stopping development until the ordinances have been updated, which should only take one month. Mayor Hanna stated the City is addressing some of these problems. He stated Fayetteville does a pretty good job overall in its subdivision and development process. David Wilson stated he owns 10 acres adjoining this property. He has no plans for developing his property. He has worked with Ben Caston and has followed the process of this subdivision. He feels 50 March 1, 1994 it -has. worked pretty well. He is glad to see-the.trees,will:cbe saved. Judy Albritton stated she wants to own ahome in Barrington Park. She feels Ben Caston has gone to great lengths to make this a great subdivision. Alderman Williams stated he shares about updating the ordinances. He responsible, and that this is a worked out. a lot of -Mr. Long'simpatience feels the City Council is being good compromise that has been Alderman Bassett commended all_of;,the .peopletwho'have worked with this subdivision and is giadia compromise has been worked out. He stated he will vote for,this....:He.agrees`.the"ordinances need to be re -written as soonas possible. He_stated:A huge number of cars will be dumped on Highwayh45revery:day. .The City has been working under a pay -as -you -.go philosophy.f'.But; .With the explosion of growth, this City will need to seriously conside,r a bond issue to catch up the infrastructure needs.,:' Alderman Miller stated there are workshops every Friday at noon at City Hall to work on re -writing the ordinances. He stated he is glad the trees on Fox Hunter Road are to be saved. However, he still is concerned about only one access into the subdivision. Alderman Vorsanger stated he wanted to thank Harley Brigham for his gesturein donating some of his beautiful place to the City. Williams, seconded by Edens, made a motion to approve the compromise plat as submitted by Mel Milholland;for Barrington Parke Subdivision. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 32A-94 AS RECORDED IN THE CITY CLERK'S OFFICE NOMINATING COMMITTEE REPORT Nominations will be madeto fill vacancies on the Parks & Recreation Advisory Board and to confirm the -decision of the Fayetteville Housing Authority for an appointment to the Housing Authority Board of Commissioners: For the Parks and Recreation Advisory Board, Alderman Edens, seconded. by Odom, made a motion to -reappoint.Bill Waite (Youth .Center Boardmember) and David Savage, to..'appoint Johnny James (Youth Center Board member) and Jerry Bell.. Upon roll call, the motion passed by a vote of 8 to 0. 51 • March 1, 1994 For the Housing Authority Board•of Commissioners, the Housing Authority recommended the reappointment of Clarence Fries. Edens, seconded by Odom, made a motion to confirm that appointment. Upon roll call, the motion passed by a vote of 8 to 0. ADVERTISING & PROMOTION COMMISSION Mayor Hanna introduced a report from Alderman Woody Bassett on the Advertising & Promotion Commission (A & P). Alderman Bassett stated Mr. Hammons has announced that he plans to exercise his option to buy land next to the Springdale Holiday Inn and build a convention center of about 40,000 square feet. He feels this will be a win-win situation for both Fayetteville and Springdale. Fayetteville will derive benefit from the people bringing in additional revenue. In addition, historically, convention centers lose money on operation costs. He is glad Fayetteville will not be dealing with that situation. He feels this should end the discussion about building a convention center in Fayetteville. He feels Fayetteville can work with Springdale on a regional basis with this. He feels the A & P Commission should concentrate on ways to get people who go to conventions in Springdale to come to Fayetteville. Alderman Bassett stated he would like to see some of the A & P money be used on public transportation buses to the Walton Arts Center, restaurants, etc. Alderman Bassett stated, in addition, A & P should seriously consider spending money on public recreational facilities. Alderman Bassett stated he felt the Hammons convention center would be a good deal for everyone. OTHER BUSINESS OZARK THEATRE BUILDING Mayor Hanna stated he met with the Fayetteville Downtown Parking Improvement District #1 about the Ozark Theatre building. They had been interested in making this a parking lot. There have been proposals from a couple of people in the community to restore some of the building. Mayor Hanna stated if anyone is interested in making a proposal, they have until April 1, 1994 to do so. In the proposal, the financial plans will have to be shown as well. Alderman Daniel stated she toured that building last week, and it is in pretty bad shape and dangerous. She hopes to work with the people to salvage the front part of the building. 52 March 1, 1994 BID 94-6 • Mayor Hanna introduced consideration of a resolution awarding Bid 94-6 to Ron Blackwell Ford in the amount of $348.,571 for the purchase of 17 vehicles. Alderman Edens stated these were primarily replacement vehicles:. The ADR Committee recommends these purchases. The reason for bringing the bid to this meeting is because •the City can save $11,578 if .this purchase is ,approveditohight beforesome federal emission requirements go in force. Edens, seconded by Odom, made a motion to approve the purchase. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 33-94 AS RECORDED:IN THE'CITY CLERR'S:OFFICE RICK MCCURDY Rick McCurdy, president of the Fayetteville Firefighters Association, thanked the mayor, council, aldermen, and City staff for the pay increase. TRANSPORTATION SUBCOMMITTEE Alderman Vorsanger asked when the Transportation Subcommittee would be meeting. Little stated on Wednesday, March 2, at 4:00 p.m. Alderman Vorsanger stated most of the aldermen have probably received phone calls from people who are violently opposed to the extension of Rockwood Trail from Mission to Highway 265. He does not think the Transportation Subcommittee has this in mind. However, Alderman Vorsanger stated he would never support this. ADVERTISING & PROMOTION COMMISSION Alderman Williams thanked Alderman Bassett for his report about the A & P Commission. He asked if the.A & P Commission could save the money they just recently authorized for a feasibility study. Alderman Bassett stated he did not know, but he would check it out at the next A & P Committee meeting. SUBDIVISION ORDINANCES Alderman Williams stated he would like to propose an ordinance in response to Barrington Parke. He would like to see the ordinance be applied to all subdivisions consisting of either 100 units and/or 40 acres in size.. The ordinance would require that land, not money, be dedicated in the subdivisions for greenspace. 53 March 1, 1994 Alderman Odom asked if the greenspace would be the responsibility of the homeowners association or the City. Alderman Williams stated the homeowners association. City Attorney Rose stated there was a joint meeting of the Parks & Recreation Advisory Board and the Planning Commission. At this meeting, they appointed a committee to work on this. ADJOURNMENT The meeting adjourned at 9:15 p.m.