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HomeMy WebLinkAbout1986-08-05 Minutesw33 MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, August 5, 1986 at 7:30 p.m. in the Directors' Room of City Hall, 113 W. Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster, Martin and Orton; City Manager Grimes, City Attorney McCord, City Clerk Kennedy, Department Directors Burch, Coates and Linebaugh; mei9bers of the press and audience. CALL TO ORDER The meeting was called to order by Mayor Noland with six Directors present (Director Martin arriving at about 7:40 p.m.)..-. The Mayor asked for a moment of respectful silence. REPORT -TO PUBLIC 233.1 City Manager Don Grimes presented the monthly Report to the Public and Board. Public Safety Department 233.2 Grimes reported the Fire Chief attended a panel of the National Fire Protection Association in Boston, being one of only 18 people in the country selected to attend the conference. He reported the Police Department is working with the local alarmcompanies to cut the high rate of false alarms — out of 1,890 alarms the Fayetteville Police Department received in 1985, only 27 were burglaries or attempted burglaries. Grimes reported the Inspection Department will hold a public class on August 12 at 7:00 p.m. at the Central Fire Station for builders or anyone else wishing to obtain information on the City's building codes. Grimes reported the Fire Department will be conducting highrise drills next week on the University campus. Grimes reported two police officers will be trained this week in Tulsa as defensive driving course instructors. Grimes reported that the Public Safety Department programs are on schedule with the exception of some stress counseling .for spouses of Fire Department employees. os Administrative Services Department 233.3 In the Administrative Services Department, in the Customer Service area, Grimes reported a program is underway to reduce time spent locating house numbers, using a system of 3—digit location numbers, August 5, 1986 something which will be especially useful in the "growth area" where there are no house numbers. Grimes reported the department is working diligently on a Municipal Court program to reduce fines owed and a detailed report is planned for the next Board meeting. Grimes reported a program has been started to maximize investments and earnings. Grimes reported Building Maintenance programs and the 8 -cycle billing system programs are completed, on-line and working well. Grimes reported the Effective Meter Maintenance program is about a month behind. Grimes reported the Steering Committee has been of great help in assisting staff in working out final specifications for computer software and hardware. Grimes reported revisions to the Personnel Handbook are about a month behind scheduled. •He reported an Employee Orientation Program is underway. In answer to a question from Director Johnson, Linebaugh explained the Program to improve employee performance records is "related to the City's employee evaluation system and training of supervisors on how to evaluate employee performance. Linebaugh said the employees are evaluated at least once a year on their anniversary date, and supervisors are required to submit evaluations one month in advance of the employee's anniversary date. Grimes reported Shop programs are on -schedule. Director Johnson asked for productivity figures of the Branch Shop prior to June's goal of achieving 65% productivity. Linebaugh estimated productivity had been in the 40%-50% range. Public Works Department Regarding Engineering and Maintenance projects for the Public Works Department, Grimes reported that the V.A. Hospital project is waiting on the V.A. to sign a contract. Grimes noted financing is still being worked out on Appleby Road. Grimes reported a meeting was held with County officials regarding the Jailhouse Road project and there have been talks with engineering firms regarding the possibility of preliminary survey work. Grimes reported more details on this project will be provided in the near future. In answer to a question from Director Johnson, Grimes reported bids have been received but not awarded yet on the Appleby Road project. Director Martin reminded the staff that there had initially been concern regarding school redistricting and bus traffic as it relates to this project, and the project was to have been completed before school started. Martin said, because of the accidents on that road, one of the reasons for moving forward on that project had been so that children could get to school safely. Martin encouraged staff to move forward on that project. Director Johnson requested information on Spruce Street and the realignment of Sycamore at Highway 471. It was replied that these would be discussed at a Street Committee meeting. 234 234.1 234.2 234.3 234.4 August 5, 1986 35.1 Grimes reported there are plans to revise the Sanitation pick-up schedule, according to a memorandum in the agenda. Grimes said there were only seven complaints in this area during the month of July. Grimes reported 20 taps were completed in July, down 32% from June; that leaks were up 29% from June, due to hot and dry weather. Grimes reported there were several leaks in major water lines, attributable to the severely hot weather and three vacant positions in the department. Grimes reported a new water usage record of 14,650,000 gallons was set in the last week -- with storage capacity. being 16 million gallons. Grimes reported 62 building permits, four subdivisions, one large scale development, three rezonings, three conditional use permits, two lot splits and 37 zoning violation inspections were processed. Two housing rehabilitation projects were completed, one is in process, two are out for bid and ten are on the waiting list. Grimes reported new mowers have not yet been delivered. Grimes reported a major culvert was replaced on Willow Street, a french drain project was done at Woolsey and Cleburn, a small sidewalk project was completed at Vandeventer and North, and drop inlets were repaired at Stanton and Oakcliff. Grimes reported 10 injuries during the month of July compared to 4 in June of this year and 14 in July of 1985. Grimes said 19 work days were lost as a result. :35.2 Grimes reported Washington County had the lowest unemployment rate, of 4.5%, during 1985. :35.3 Grimes reported enplanements for April were up 31% from last year, for May were up 44% from last year, and for June were up 47% from last year. Grimes said it was estimated enplanements for the year will exceed 80,000. FAYETTEVILLE OPEN CHANNEL '.35.4 The Mayor announced that Fayetteville Open Channel is asking for telephone pledges of $10.00 or more by calling 521-9870. The Mayor noted that the fact that City Board meetings and other public forums are brought to the citizens on Fayetteville Open Channel makes them more aware and more involved in their local governments and it is hoped that citizens will support the efforts of Fayetteville Open Channel. REZONING/FAYETTEVILLE BIBLE CHURCH ?35.5 The Mayor introduced a request for an ordinance rezoning property as requested in rezoning petition. R86-12, from R-1, Low Density Residential, to P-1, Institutional. • August 5, 1986 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and, place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. The Mayor explained that Fayetteville Bible Church had requested the rezoning in order to build a church, that the rezoning had been recommended by the Planning Commission, 7-0, and had been recommended by Planning Consultant Larry Wood. The Mayor asked if anyone in the audience wished to speak in opposition to the ordinance. In answer to a question from a citizen in the audience, the Mayor explained the property in question was located at 2809 Mt. Comfort Road, west of Porter Road, totalling 4.7 acres. Director Orton pointed out that there had been discussion in the past regarding changing uses allowed in the P-1 district. Orton said she assumed the Planning Commission's Update Committee would act on this question sooner or later. Orton commented that the church should know that, although P-1 is the proper zoning for a church, some of the uses now permitted in that district may change in the near future. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3199 APPEARS ON PAGE :%.17 OF ORDINANCE & RESOLUTION BOOK x y/ EASEMENT VACATION . The Mayor introduced a request from Dennis Mullins for an ordinance vacating an easement on property located on Camelot Place, in the Park Place Addition. The Mayor explained the petitioner found the entire east side of Lot 15 was rock and unfit for building, has purchased the adjoining Lot 14 and wishes to build one house on the two lots, making the vacating of the easement between the lots necessary. The Mayor reported releases have been submitted by utility companies. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 236 236.1 236.2 236.3 236.4 236.5 236.6 236.7 23i August 5, 1986 237.1 The Mayor asked if anyone wished to speak in opposition to the vacation. A citizen in the audience asked if it would be possible for maps to be displayed during the meeting for the benefit of the audience. The City Manager agreed to try and make such arrangements. 237.2 It was confirmed that an electrical line in the easement would he removed at the expense of the petitioner. 237.3 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3200 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK X -)C V SIGN APPEAL/ROADRUNNER 237.4 The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for a.200 square foot freestanding sign at a 30 foot height, at a 0 setback, to be located on property at 2612 West Sixth Street, Highway 62 and Shiloh Drive. Mike Craven, Real Estate Development Director, was present to 'represent the petitioner, Truman Arnold Company. Craven explained the Company operates a chain of Roadrunner convenience stores and fuel stops in seven states. • 237.5 Craven presented reasons for requesting a variance. Craven said that the property is triangle -shaped and their only layout for the proposed high-rise sign to be visible would be the southeast corner of the property. Craven said that to set the sign back forty feet from the right-of-way as required would cause the sign to be in the middle of their driveway. Craven said the position of the exit ramp for southbound Highway 71 traffic is so far to the north of the interchange that visibility is blocked except for the southeast corner. 237.6 In answer to a question from Bumpass, Sam Allen, Construction Superintendent, explained the height at the top of the roof line of the building would be approximately 15 feet. 237.7 Craven showed the Directors a photograph of a similar sign located in Texarkana. Craven said it was felt the sign would attract traffic from the Bypass. 237.8 Director Martin stated that, after viewing the location, he thought the facility could be seen from a considerable distance. Martin added that he thought it difficult to conceive that Bypass traffic, travelling at 55 m.p.h., would exit when they see the sign. Craven said only the back of the building would face that traffic and they did not plan to have a sign on the back of the building. • August 5, 1986 Director Lancaster said that another Roadrunner located on North College had been asked in the past to remove a non -conforming sign, that they installed a conforming sign and they do good business. Craven said their business is 10% less than it was originally. Director Bumpass suggested that the City's ordinance would permit a fairly large wall sign on a mansard roof. Craven said they intended to request a building sign as well. Bumpass suggested, in order to meet the 40 foot setback, perhaps a steel pole could be erected through the middle of the canopy and a sign installed above the canopy. Craven said this had been discussed and there was a possibility this could be done. Director Orton, seconded by Johnson, made a motion to deny the appeal. Director Hess said hecouldn't see a hardship in terms of visibility from southbound traffic on Highway 71. Upon roll call, the motion passed, 7-0. The City Attorney encouraged the petitioner to consider a wall sign on the north side of the building. SIGN APPEAL/OAKWOOD PLACE The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for a 6' x 4' freestanding sign, at a height of 6 feet, at a 0 setback, to be located at 705 Putman Street. Ken Harrell, Property Manager, was present to speak on behalf of the petitioner, First Capital Management Group. Harrell explained there had been a change in the name of the apartment complex from Murray Hill Apartments to Oakwood Place. He said that, because of the trees, many people cannot find the location. Harrell explained there was an adjustment in their appeal and they now propose a 3' x 6' sign, at a height of 6 feet, set back 20' from Putman Street and 25' from Hill Street, with a flower bed around it and a spotlight focusing on the sign. •Harrell distributed photographs of signs used by competitors in the neighborhood. Harrell said a wall sign could not be seen because of the trees. It was clarified that the Sign Ordinance prohibits freestanding signs in residential zoning districts. • The Mayor asked the City's Sign Inspector Steve Johnson if the Ordinance would permit a 3'x 6' hanging wall sign in an R-3 zone. Johnson said a 16 -square -foot wall sign would be permitted. The Mayor asked if such a sign could project from the wall of the building. The 238 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 239 August 5, 1986 City Attorney explained that the Ordinance prohibits projecting signs in residential zohes. 239.1 Director Martin said he did not think a freestanding sign would attract traffic from other places, that traffic going to the building would go there whether or not there was a freestanding sign. Martin added that he thought there was a view from the east wall of the building. 239.2 Director Hess noted that the photographs depicted freestanding signs for four different apartment complexes on Duncan Street. He asked if these were installed before the Sign Ordinance took effect. Steve Johnson said those signs were installed before he became Sign Inspector and he was not sure whether they were in compliance with the Ordinance. Hess noted that, in order to be fair, everyone should have to comply with the Ordinance. 239.3 Director Orton, seconded by Lancaster, made a motion to deny the appeal. 239.4 Director Orton commented that the intent of this particular prohibition in the Sign Ordinance was to keep residential areas looking residential. Orton said she was disturbed that other apartment complexes have nonconforming signs. Orton said that these signs need to come down in order to be fair to everybody. 239.5 Director Johnson asked if the Board could consider some relief for apartments in the R-2 or R-3 zones, because of problems of low occupancy. Bumpass said he didn't know if the ordinance met the needs of apartment complexes by simply prohibiting freestanding signs. He said he thought a small identification sign could be beneficial to the community. Bumpass suggested the Board consider tabling the appeal while a review of the existing yard signs is made. 239.6 Director Bumpass made a motion to table the appeal. 239.7 Director Lancaster said he thought it was ridiculous to consider amending the Sign Ordinance after battling the enforcement of it for 12 years. 239.8 Director Orton said she did not feel problems of low occupancy are due to the type of sign which is permitted for an apartment complex. 239 9 The City Attorney stated he did not recall the Board granting a variance for any of the signs depicted in the photographs and that it appeared to him all the signs were illegal. 239.10 Director Johnson seconded the motion to table. Upon roll call, the motion failed, 2-4-1, with Directors Bumpass and Johnson voting "yes", Directors Martin, Orton, Noland and Lancaster voting "no", and Director Hess abstaining. August 5, 1986 Upon roll call, the motion to deny passed, 7-0. SIGN APPEAL/J.0."PARKER The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for an existing 22 square foot freestanding sign located in the right-of-way east of Highway 265 and north of Zion Road, in an A-1 "Agricultural" zone, submitted by J. 0. Parker. The Mayor explained the ordinance allows 16 square feet of display surface area, set back 35 feet'from street right-of-way.' Parker explained that the property had been in his family for 40 years and that, originally, there was no road west of the property, where Highway 265 is now located. Parker said that in 1973 there was a gravel road at which time they erected a 4' x 6' sign, and that about 3 1/2 years ago the property was annexed into the City of Fayetteville. Parker said the sign does not block the view and he sells 50% to 60% of his breeding animals because of the sign. Parker said there was no way he could reduce the sign and to move it back the required amount would place the sign in the middle of his yard among the trees where it could not be seen. Parker asked the Board to consider granting him a variance based on the fact that the sign was installed before the property was annexed into the City. Director Martin moved to approve the appeal, coenting that his motion was based on the fact that the sign was located on the property before it was annexed into the City and in view of the fact that the sign is attractive and does not appear to cause any danger. The motion was seconded by Director Johnson. It was suggested by the Mayor, and agreed to by Martin and Johnson, that the motion be amended to include the fact that, if at some time in the future the City needed the right- of-way, the sign would have to be removed. Director Hess commented that his vote would not be made because it is a nice sign, but will indicate that there are circumstances surrounding this appeal which were not present in previous appeals, that because of the annexation the petitioner falls under the Sign Ordinance. Upon roll call, the motion passed, 7-0. ADMISSION TO TAVERNS & PRIVATE CLUBS The Mayor asked the City Attorney to read an ordinance amending the City Code to prohibit the admission of persons under 21 years of age into the bar area of a public tavern or private club serving alcoholic beverages for on -premise consumption. 240 240.1 240.2 240.3 240.4 240.5 240.6 240.7 241 August 5, 1986 241.1 The City Attorney stated the ordinance was drafted by him at the request of the Mayor who received a request for an ordinance of this type by the Vice -Chancellor for Student Services at the University of Arkansas. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Orton, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-1, with Johnson voting in the minority. 241.2 Director Orton asked for discussion before the second reading of the ordinance. 241.3 The Mayor said that several private clubs have been put on probation by the A.E.C.,for violations of this nature, and the local Police Department has cited young persons in some private clubs in possession of alcoholic beverages. The Mayor said that the Police Chief had indicated to him it is very difficult for police officers to walk into a private club and ascertain whether persons under 21 are consuming alcoholic beverages. 241.4 Director Lancaster asked what the deposition is of cases after a minor has been .picked up for these violations. The City Attorney noted that in a memorandum from the City Prosecutor, he concludes that in his judgment the ordinance is not necessary in that existing state law is adequate to address the problem and to obtain prosecution for the problem. 241.5 Vice Chancellor Lyle Gohn stated there has been concern on campus for the past several years about the use and abuse of alcohol, since a significant number of students are under 21 years of age. He said the concern came out of a task force which the University appointed two years ago to review the University's own procedures and practices. He said a number of student leaders determined they could work on the problem on the campus but the problem remained in the community, where underage individuals can enter "establishments", after which it is very difficult for the owner to know whether or not the individuals are drinking. Gohn said he did not really think this ordinance would stop consumption but believed it would be the start of some prevention. 241.6 In answer to a question from Director Hess, Gohn stated the University's policy is to abide by State law, meaning that students under age may not consume alcoholic beverages in their rooms. Director Hess stated he would be in favor of anything that would add to the difficulties of a minor obtaining or abusing alcohol, but he did not think the ordinance addressed the problem. Hess pointed out a portion of the ordinance states "The provisions of this section shall not prohibit persons under 21 years of age from being admitted to an area which has as its main purpose some objective other than the sale of beer or light wines for on -premise consumption...", meaning that there still would be access to persons under 21 years of age 242 August 5, 1986 Director Johnson pointed out that there is some question about. the 242.1 definition of "a tavern", "a restaurant" or "a bar area". A University student commented that when "Norma Jean's" and "The Old 242.2 Post Office" changed their admission age to 21 or over, all his friends got fake I.D's, and he thought a change in the law would mean more people will have fake I.D's and owners will not be able to tell if persons under 21 are in the bars. Assistant Police Chief Richard Watson said he did not think the 242.3 ordinance would address the problem and would be hard to enforce. Watson said he thought the existing laws were adequate as far as minors gaining admission to bars. Watson said he thought the ordinance would present an unwarranted burden on clubs which are restaurants as well as bars. Director Johnson asked if this matter could be tabled until the Board 242.4 Retreat Stephan Zisner, commenting from the audience, stated he thought the 242.5 City and State ordinances are quite clear about license holders being responsible for not allowing sale or consumption of beer, light wines and alcoholic beverages on the premises to minors. Zisner said he thought it was the license holder who takes a great risk by serving the minors. He said he thought nothing would be gained by passage of the ordinance but a lot would be gained by enforcement of the existing ordinances. Coy Kaylor said he thought the ordinance being proposed would just 242.6 "open a can of worms" and could never be enforced, but he would not be opposed to the adoption of an ordinance which would impose a penalty on the minor attempting to purchase alcoholic beverages. In answer to a question from the City Attorney, the City Prosecutor 242.7 said that State law does not presently make it unlawful for a minor to attempt to procure alcoholic beverages, although once procured, a minor would be liable for punishment. The City Attorney noted the State law does make it unlawful for an operator to sell alcoholic beverages to a minor. Mayor Noland suggested the ordinance might be left on second reading until the City Attorney can work on modifying the ordinance in regard to the use of false identification. The City Attorney commented that the ordinance is not recommended by the City Prosecutor or by the Assistant Police Chief, but that a good point has been made that perhaps an ordinance making it unlawful for a minor to attempt to procure alcoholic beverages would address the problem and would facilitate the ability of law enforcement officers to prohibit minors from consuming alcoholic beverages in public taverns and private clubs. 242.8 243 August 5, 1986 243.1 McCord said'he would glad to draft such an ordinance if the Board wishes him to pursue this. 243.2 Director Lancaster made a motion to table this until the next meeting and see what is heard from the general public, and until the ordinance can be reworked. Lancaster requested the Prosecuting Attorney furnish the Board with a deposition of the last ten or fifteen cases where the police have picked up_minors. It was decided that, rather than voting on a motion to table, the ordinance could simply be left on second reading. 243.3 The City Attorney read the ordinance, by title, for 243.4 Director Hess asked the City Attorney to work with to draft an ordinance as discussed. the second time. the. City Prosecutor 243.5 Director Martin suggested the Board look at some ordinances already in effect in other cities and which successfully address the question. The Mayor said that a supply of such ordinances have been turned over to the City Attorney by Dr. Gohn. 243.6 Director Martin asked how an ordinance making it unlawful for a minor to attempt to procure alcoholic beverages would be enforced. McCord said that, if a police officer determines that a person is a minor and asks a bartender if the individual attempted to procure alcoholic beverages, the minor could be prosecuted. 243.7 City Prosecutor Terry Jones commented that the purpose of the proposed ordinance is unclear and he asked that, before he and the City Attorney draft an ordinance, the Board determine what the goal of the ordinance is to be. Jones said the proposed ordinancedoes not address any of the real problems of keeping minors from having alcohol. He said it appeared to him, when he first read it, to be an ordinance that would prohibit minors from viewing a bar, since all the ordinance does is restrict minors from an area of a club where they cannot view a bar, since it does not prohibit them from being in an area where alcoholic beverages are served and does nothing in terms of enforcement beyond what is already contained in State law. 243.8 Director Lancaster asked what the penalty is for the operator who sells to a minor. Jones said that, under current State law, the operator is fined up to $100 if convicted once, is fined up to $500 and five years in prison if convicted a third time. 243.9 Jones commented that if police officers were to go to private clubs undercover there would probably be more arrests of minors consuming alcohol but the Police Department feels that going to the clubs in uniforms is a deterrent. Jones said there is difficulty getting prosecutions in court because of having to prove that the minor held the drink in their hand or otherwise had possession of it. The Mayor August 5, 1986 244 asked Jones how many minors are prosecuted in a year. Jones estimated there to be about 3-5 cases which come to trial each week, but stated he did not know how many plead guilty and go to Municipal Court. Jones commented that there are not enough police officers to begin to police all the minors who attempt to trick club owners or who get adults to cooperate in selling them alcoholic beverages. Jones asked that the Board not pass the ordinance but to discuss what they wish to accomplish at the- Board Retreat. Jones commented that, although he would not advocate this, if the Board wishes to make a wholesale attack on the problem, they can pass an ordinance which would prohibit anyone under the age of 21 from being in a place where alcoholic beverages are served. Director Bumpass stated he did not want police officers to work 244.1 undercover to catch minors in possession of alcohol because he did not think it was that big of a problem. Bumpass stated he thought the foot patrol was a deterrent to the minors and to adults who might be getting out of control, and is a reason for people to feel safe about being in the restaurants within walking distance of the Square Director Johnson said she thought, given the resources in the Police 244.2 Department, the Board needs to set forth goals regarding what areas need special attention. Johnson said all that has been done in the years she has been on the Board is to give money to the Police Department and they determine which laws they will selectively enforce. Mayor Noland commented that this problem was like a lot of other 244.3 problems, in that nothing will be done about it until it gets so bad that it becomes intolerable. Director Hess commented that the problem also demands that, if there is a punishment, it must be meted out. He said that if there is a fine and the fine is waived, nothing has been accomplished. 244.4 Director Bumpass suggested there be some communication with club 244.5 operators. Bumpass said he understood two clubs now require a picture I.D. with some other identification to gain access. Bumpass said if club owners are asked to do this and minors are risking prosecution for committing a felony, perhaps that would calm down the problem. Coy Kaylor commented that, with at least 15,000 students in the 244.6 community, if you eliminate their gathering places, there will be less for them to do and there will really be problems. The ordinance vas left on its second reading. 244.7 245. August 5, 1986 STREET IMPROVEMENTS/HOLLY & SYCAMORE 245.1 The Mayor introduced the award of bid for improvements to Holly and Sycamore Streets under the Community Development Block Grant Program. 245.2 Director Johnson,.seconded by Bumpass, made a motion to award the bid to McClinton -Anchor for $64,230.75. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 79-86 APPEARS ON PAGE a?"y7 OF ORDINANCE AND RESOLUTION BOOK XXVIJ GREEN SPACE AMENDMENT 245.3 The Mayor introduced an ordinance amending the City Code to authorize the Planning Commission to grant a credit when a subdivider dedicates park land in excess of the required amount. 245.4 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 245.5 In answer to a question from the Mayor, The City Attorney said the ordinance specifies that the dedicated land must be accepted by the Parks and Recreation Advisory Board. 245.6 Director Bumpass asked if this ordinance was proposed to meet a special situation. Rodney Ryan, PRAB Chairman, explained that recently there had been cases where the required amount of land to be dedicated was extremely small and, when there is a case where a developer is planning a second plat in the same quadrant, this ordinance will allow a developer to dedicate the land in advance and receive credit for the dedication. 245.7 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3201 APPEARS ON PAGE 1/02 OF ORDINANCE & RESOLUTION BOOK xXIV August 5, 1986 RAZORBACK ROAD EXTENSION The Mayor introduced a request to authorize the City Manager to request of the State Highway Department that the Razorback Road extension, from 15th Street to Cato Springs Road, be the City's next priority for use of Federal Urban System funds. Director Orton, seconded by Bumpass, made a motion to approve the recommendation. Upon roll call, the motion passed, 6-1, with Director Johnson voting against the motion. SOFTWARE -BID -WAIVER The Mayor introduced further consideration of an ordinance waiving the requirements of competitive bidding and authorization to purchase computer software for the City's Industrial Pretreatment Program; left on second reading at the June 18 meeting. Director Johnson, seconded by Hess, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the third time. Director Orton asked for an explanation regarding the purpose of a $35 monthly service fee. Public Works Director Burch explained the service fee would cover the cost of updates to the program when they become available. Burch explained that the updates will not necessarily occur on a monthly basis, but the fee is prorated monthly to cover quarterly updates. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3202 APPEARS ON PAGE .V 3 OF ORDINANCE & RESOLUTION BOOK XK, ✓ BID AWARD/WATER LINE EXTENSION The Mayor introduced consideration of the award of bid for a water line extension on Letitia Lane in Greenland. The Mayor reported the staff recommends award of bid to the low bidder, Sweetser, Inc., bidding $18,390. The Mayor noted the cost to the City of Fayetteville would be $14,355. Director Johnson, seconded by Martin, made a motion to award the bid. Upon roll call, the motion passed, 6-1, with Bumpass voting "no". 246 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 24` August 5, 1986 RESOLUTION NO. 80-86 APPEARS ON PAGE 043 OF ORDINANCE & RESOLUTION BOOK BID AWARD/PROPERTY INSURANCE 247.1 The Mayor introduced consideration of the award of bid for property insurance. He reported that, of four bids received, the low bidder was Eason & Company, bidding $41,934. ' 247.2 Director Johnson, seconded by Bumpass, made a motion to award the bid. 247.3 Director Hess asked the staff how much they anticipate to spend on insurance over one. year. Hess noted that the City is spending approximately $165,000 per year on insurance, excluding health insurance. Hess asked if the staff could figure out some way the City could be self-insured, perhaps by beginning to set aside funds now. 247.4 The City Attorney recommended against self-insurance on property damage, commenting that, in the case of a total disaster to the City Administration and Continuing Education Center buildings, for example, there could be a cost to the City of $4 to $5 million. 247.5 Hess suggested that, as the City gradually increases the liability it can stand based on a self-insurance fund, it can dramatically decrease the amount of insurance premiums it has to pay. 247.6 Upon roll call, the motion passed, 7-0. BID AWARD/BOILER & MACHINERY INSURANCE 247.7 The Mayor introduced consideration of the award of bid for boiler and machinery insurance. The Mayor reported one bid was received from McCartney-Faucette for $4,919. 247.8 Director Johnson, seconded by Hess, made a motion to award the bid. Upon roll call, the notion passed, 7-0. APPOINTMENT TO PARKS BOARD 247.9 Director Johnson, Chairman of the Nominating Committee, presented a report from that committee's meeting today. 247.10 Johnson, seconded by Bumpass, made a motion to approve the committee's recommendation to appoint Kirby Estes to the Parks and Recreation August 5, 1986 Advisory Board, to replace Bob Emerson, for a term which expires on January 1, 1987. Upon roll call, the motion passed, 7-0. LAKE REGULATIONS The Mayor introduced a request from the City Manager for consideration of an ordinance amending the City Code to amend the regulations for fishing at Lake Fayetteville, Lake Sequoyah and Lake Wilson. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Hess, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. Director Bumpass, seconded by Hess, made a motion to further -suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. Director Johnson stated she thought the ordinance which the Board adopted in January did not limit the size of black bass at the City lakes, but added Lake Wilson as a regulated lake and provided for it to be closed on Thanksgiving Day, and dealt with prohibiting the use of yo-yo's, prohibiting picnicking at Lake Wilson, and repealed the ordinance which made it unlawful to hunt ducks and geese. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3203 APPEARS ON PAGE BOOK XX/ J PERSONNEL COMMITTEE REPORT S' OF ORDINANCE AND RESOLUTION Director Johnson, Chairman of the Personnel Committee, presented a report on that committee's meeting of July 25. Johnson reported that the committee recommends the establishment of a new position, Dispatcher Supervisor, as a reclassification from Pay Grade 7 (Dispatcher) to Pay Grade 12. Director Johnson, seconded by Hess, made a motion to approve the recommendation. Upon roll call, the motion passed, 7-0. Johnson reported the second item considered by the committee, a new policy on compensatory time, was tabled until staff can work on it further. Johnson reported the committee considered Pay Plan adjustment alternatives She said the committee recommended that all employees 248 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 249 249.1 249.2 August 5, 1986 who are out of pay grade be placed in their proper pay grade, at a cost of $130,000. Johnson explained that when•a wage study was conducted by Consultant Bob Beezat, employees were placed on an A to G pay grade according to where their salaries fell, rather than based upon their years of experience. Johnson said it was determined at that time that it would take about five years for all employees to be placed in their proper pay grade, and would have cost $400,000 at that time. Johnson said it was decided funds were not available to make the adjustments at that time. Johnson said this has been reviewed by the staff and at this time about 1/3 of the employees still do not fall in their proper pay grade. In answer to a question from Mayor, Johnson said the committee did not set a time for the recommendation to be effective. Director Martin said the committee's recommendation was to be effective as soon as practicable. Director Bumpass asked where funds would be obtained to cover the cost. Martin explained it would not cost $130,000 this year, but that a budget adjustment would have to be made. Director Martin, seconded by Orton, made a motion to approve the recommendation of the committee. 249.3 Director Johnson spoke against the recommendation, commenting that it was known in the beginning that it would take five years for the Pay Plan to work out. Johnson said that in talking to Scott Linebaugh she learned the City would be $1,300,000 short in funds next year. Johnson said it was possible that no employee would receive a cost -of -living raise or step increase next year. 249.4 Director Bumpass asked if the $1,300,000 shortfall contemplated pay raises. Linebaugh said it contemplated pay raises which are built into the pay scale. Linebaugh said the staff proposed that the funds for the Pay Plan adjustment would come out of General Fund as, at the end of 1986, it is projected there still will be $395,000 of unspent funds (some of which has been committed by the Board since January). Linebaugh said the cost of the adjustment would not be $130,000 each year, that the amount would go down each year. 249.5 Bumpass asked how much additional funds were added to the budget because of step increases and cost -of -living raises this year Linebaugh said that figure amounts to $400-500,000. 249.6 Bumpass asked why, there was urgency to make the adjustments now. Linebaugh explained the real problem is that employees with more seniority are earning less than others working the same job because, when the wage study was done, employees in the same position were moved together on the pay scale. 249.7 In answer to a question from Orton, Linebaugh said the cost to this year's budget would be about $55,000. Director Orton spoke in favor of • August 5, 1986 implementing the adjustments. Orton said the employees involved have been in an unjust situation for about 2 1/2 years and she would be in favor of treating everyone fairly. Director Martin said it has been fairly widely acknowledged by the Board that the Pay Plan is a good one, and was intended to establish equity and fairness. Martin said he felt at the implementation of the new Pay Plan that it would be in the City's best interest to place all employees where they belonged on the scale. Martin said he acknowledged that this would have been very expensive at the time but that now it is a lot more feasible. Martin said it was important to point out that the Board has dealt in good faith with the employees in that millions of dollars in pay adjustments have been made, but that there was still a long way to go. Martin .said he thought it important to get on with this final step in implementing the Plan because employee morale and equity is very important. Martin said employees who were not recognized for their years of service have received inequitable treatment. In answer to a question from Hess, Linebaugh said there was no offsetting adjustment in the budget. Linebaugh said budget adjustments have been made from the General Fund before, for adjustments of this size. Director Bumpass commented that this should have been included in last year's budget or should be considered for next year, rather than at mid -year. Upon roll call, the motion failed, voting "yes", Hess, Bumpass and abstaining, stating that there had he had not been present. OTHER BUSINESS 3-3-1, with Martin, Orton and Noland Johnson voting "no", and Lancaster been meetings on this issue at which UTILITY RELOCATION EXPENSES The Mayor introduced a recommendation from the City Manager that the Board of Directors instruct the City Attorney to file suit against Southwestern Bell for a mandatory inunction ordering the utility to relocate its facilities [for a street improvement project] at the Company's expense. Director Hess, seconded by Johnson, made a motion to instruct the City Attorney to begin those proceedings. Upon roll call, the motion passed, 7-0. 250 250.1 250.2 250.3 250.4 250.5 • 250.6 251 251.1 CITY V. SWEETSER The Mayor introduced a memo from the settlement offer from Jerry D. Sweetser 6,651 square feet of Sweetser's property. The City Attorney explained there was appraisals obtained by the landowners and the City which were substantially lower. August 5, 1986 • City Attorney regarding a in a condemnation case for a difference between the the appraisals obtained by 251.2 Director Hess commented that information on Sullivan's appraisals show conflicting amounts. 251.3 Director Lancaster, seconded by Hess, made a motion to let the Judge settle this. 251.4 In answer to a question from Director Orton, McCord said there was an Order of.possession entered and the project can go forward pending the turnout of the condemnation case. 251.5 Upon roll call, the motion passed, 7-0. BIENNIAL "REPORT TO THE PEOPLE" 251.6 The Mayor stated Director Johnson had raised the question of whether or not to publish the biennial calendar "Report to the People". 251.7 Director Johnson said that, in the past, the calendar report has been done every other year, with it being decided last year to do a video report in the alternate year. Johnson noted the video report cost $3,000. 251.8 Johnson, seconded by Hess, made a motion to publish a calendar "Report to the People" for 1987 and that a budget adjustment be made for $2,000. 251.9 'Linebaugh reported that $20,000 had been budgeted for the report, but that $3,000 of this has been spent on the video report. Orton said she would be in favor of doing the calendar every other year, and plan to have a video report in alternate years, but to make those plans at the beginning of the year. 251.10 Director Martin remarked that, if the City can't pay its employees according to the Pay Plan, the City should not be throwing money at an incidental report. Martin said he thought the same budget considerations should bear on this issue as on the decision not to make the Pay Plan adjustments. • August 5, 1986 Director Johnson said she thought the City owed it to the public to let them know things that are going on and to give them access to information they might not otherwise have. Director Bumpass commented that the Fayetteville taxpayers have paid about $20 million into running the municipal government and they deserve to have information presented to them Upon roll call, the motion passed, 5-2, with Directors Martin and Orton voting "no". CITY HOSPITAL VARIANCE • City Manager Grimes reported that City Hospital had gone before the Board of Adjustment to request a variance to build a canopy on the east side of their structure, to load and unload patients, and a variance was granted to the right-of-way line, in the middle of their driveway. Grimes explained they need an additional ten feet to build the canopy over the driveway area. Grimes further explained that, at the beginning of their expansion program, the City required them to dedicate ten feet of right-of-way off the west side of School Street along their property, which the City has not used. Grimes recommended a resolution be adopted which would grant a temporary easement to them to utilize that ten .feet until such time as the City needs it for street purposes. Grimes noted that, if approved, they would need to go before the Board of Adjustment again for an additional variance. Director Orton, seconded by Johnson, made a motion to approve the recommendation. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 81-86 APPEARS ON PAGE 0747 OF ORDINANCE & RESOLUTION BOOK An/ f, BOARD RETREAT Grimes reported that there would be a cost of $2,950 for provide Board training at the Retreat In discussion regarding the agenda for the said he felt it was necessary to discuss the and in view of the budget crisis, to set long he would like to hear recommendations from range goals. • Ron Raine to Retreat, Director Martin proper role of the Board, range goals. Martin said management regarding long It was confirmed that the Retreat would be scheduled for Wednesday and Thursday, August 27 and 28, from 5:00 p.m. to 10:00 p.m. each evening. Director Orton and Mayor Noland spoke in favor of suggestions made by Martin. 9fi` 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 ' 5 August 5, 1986 53.1 Mayor Noland suggested inviting a former successful City Manager to talk about the role of the Board. 53.2 Director Hess asked that Consultant Jim Murphy be present. Director Johnson asked that Murphy be asked to bring a copy of the City Manager's evaluation form. .53.3 Director Bumpass asked that the Board discuss the question of how the City Manager form of government can be more responsive to the needs of the citizenry. Bumpass said he thought this would require some thought-provoking feedback on what citizens really expect in certain areas of government. 53.4 Mayor Noland asked that in the next week the Directors submit ideas for discussion at the Retreat to the City Manager. Director Hess asked that there be a well-defined and well -structured retreat. ARTS CENTER 53.5 Director Bumpass said he would like to make sure that the City administration knows whether it is or is not the will of the Board to have Don Grimes, Scott Linebaugh and Jim McCord be the primary analyzers and negotiators with the University of Arkansas for the formation of the operations for the Arts Center. Bumpass said he would prefer those staff members be directly involved and in control of the negotiations with the University. Bumpass said he would like to start hearing impressions from the staff regarding protecting the City's interests, rather than hearing it filtered through the advisory committee. 53.6 Director Orton said if the Board is not going to let the Arts Center advisory committee finish its job, she thought the Board ought to let them know about it. Orton said the committee had not finished its work regarding the agreement between the City and the University. Director Hess said he did not think that was part of the committee's function, and all that remained to be worked out was legal. work. 253.7 Bumpass pointed out that, on the University's side, full-time staff members are being utilized to work on the project, while on the City's side, the Arts Center advisory committee is made up of volunteers. Bumpass said he thought Grimes, Linebaugh and McCord could be utilized at this point to move negotiations along. a53.8 Orton said that, when the advisory committee was originally formed, they were given specific duties. Martin suggested the Arts Center Board might continue to operate as they have been, but to volunteer Linebaugh and McCord as ex -officio staff resource to them. Orton pointed outthat the Arts Center Board has been using staff as a resource all along. August 5, 1986 Director Bumpass made a motion that the City staff become the direct negotiator with the University staff to develop the operations, funding and organization of management, for the Arts Center, using the Arts Center advisory board to analyze what will eventually come to the City Board as a final agreement. Orton said she thought the advisory committee has to first agree on the issue of how to govern the Arts Center, that Bumpass' motion is one step ahead of the committee. Bumpass said the City staff should be trusted to accomplish this work. City Attorney McCord remarked that the committee is very close to submitting a recommendation to the City Board, that he has provided the committee with legal opinions on possible financing, and that assistance has been obtained from an investment banker, at no charge, on amortization schedules. McCord said he planned to meet with Steve Adams and Ginger Crisp next week to discuss the draft documents which have been circulated and revised. McCord said he thought a final recommendation would be forthcoming in the very near future including financing of construction and operation of the facility. Director Johnson said she thought there had been a problem of lack of communication with the Arts Center Board, and she did not think the City Board gave the Arts Center Board much direction at all. Mayor Noland recalled that five or six very distinct goals had been outlined for the committee to achieve, one of which was to work out an operating agreement with the University. Mayor Noland said that, if it is agreeable, he thought a Bond ordinance, to call an election, would be considered at the next Board meeting. Director Hess seconded the motion. Director Martin suggested that the Chairman of the Arts Center Board invite Linebaugh and McCord on a regular basis to attend and participate in every meeting relevant to their particular field. McCord pointed out that issues which need to be addressed are a bond issue for the financing which will require voter approval, an amortization schedule, what revenue sources will be committed, how much revenue will be available, and because of competing factions For the available revenue source, how much will be allocated for advertising and promotion, and how much for the Arts Center project. Director Orton, with Bumpass expressing agreement, pointed out that the governing agreement must he worked out first or the voters will never approve a bond issue. 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 25� August 5, 1986 255.1 Director Johnson said she did not have enough information to vote on the motion at this time. _Johnson moved to table,_ with Orton seconding the motion. Upon roll call, the motion passed, 5-2, with Hess and Bumpass voting "no". CONGRATULATIONS TO PARKS DEPARTMENT 255.2 Director Johnson noted that congratulations should be extended to the Parks and Recreation Department which received an award of merit for their programs in Fayetteville. MINUTES 255.3 The minutes of the July 14, 1986 special Board meeting were approved as circulated. 255.4 The minutes of the July 15, 1986 regular Board meeting were approved with the following corrections: 219.3 In the last line ofthis paragraph, change "carried" to "spent" 226.4 In the third line, delete "and operate"; in the fourth line, after Treatment Plant, add "and operate the" 227.4 In the fifth sentence, correct "water" to read "dewater" ADJOURNMENT 255.5 With no further business before the Board, the meeting was adjourned at 11:25 p.m.