HomeMy WebLinkAbout1987-04-07 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was held on
Tuesday, April 7, 1987 at 7:30 p.m. in the Board Room of City Hall, 113 West
Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Johnson; Directors Marinoni, Hess, Bumpass, Lancaster,
Martin and Kelley; City Manager Grimes, City Attorney McCord,
City Clerk Kennedy, Department Directors Burch, Coates and
Linebaugh; members of the press and audience
CALL TO ORDER
The meeting was called to order by Mayor Johnson with seven Directors
present. The Mayor announced that the meeting was not being televised at
this time because of some transmission difficulties. The Mayor asked for a
moment of respectful silence.
REPORT TO THE PUBLIC
The Mayor introduced the City Manager's report to the public for the month
of March.
Grimes distributed copies of goals and objectives which he explained would
be provided on a quarterly basis.
Administrative Services Department
Grimes reported Personnel had advertised nine positions and completed the
first draft of the Personnel Policy. Grimes noted the City presently has
342 employees and two vacancies being advertised. He reported two workers'
compensation claims for the month which he reported were minor incidents.
Grimes reported $246,188 was collected as the City's share of the County
sales tax - up from $234,629 in March of 1986. Grimes reported $331,000 was
collected from the City's 1% sales tax, up from $308,000 in March of 1986.
State turnback funds of $117,000 were collected this year in March, down
from $139,000 last year. Grimes reported auditors were presently working on
the City's annual financial audit. He said the staff was working on budget
overruns. Grimes reported 498 utility service turn -ons and 505 turnoffs in
March this year, compared with 380 turn -ons and 401 turnoffs last year.
Grimes reported receipt of 332 deposits on utilities, for a total of $9,000
taken in and $7,395 refunded, compared to 270 taken in and $6,000 refunded
last year. Grimes reported water consumption of 190,237,000 gallons,
compared with last year's consumption of 178,493,000. He reported the
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April 7, 1987
91.1 expansion of the computer room nearing completion and the start of
construction of partitions in Municipal Court, Finance and Business Office.
Grimes reported approximately 500 purchase orders were issued during the
month. 'He said two Board meetings and about 28 board and/or citizen
committee meetings were held in March. Grimes reported some"hld meters were
changed during the month, and all vehicle specifications have been written
for the City Shop for this year. ,He reported the five-year plan project
will stay on schedule.
Public Safety Division
91.2 Grimes reported a major fire protection problem was discovered through the
inspection process, and corrected, in a large.shopping center last month.
Grimes reported computer training has been going on in the Police Division.
He said the Court issued 384 new warrants, with the warrant officer serving
345 adult and 5 juvenile warrants. Grimes reported that several utility
companies are participating in the new "Crime Watch" crime prevention
program. Grimes reported 12 Police Division employees were certified in
CPR, with 30 more employees scheduled for CPR courses in April.
91.3 Grimes reported the Inspection Division was now conducting meetings with
area builders on a quarterly basis. Grimes reported the Communications
Division has started an alarm log to keep an accurate record of alarms being
set off, because of the problem in the community of a lot of false alarms.
He said two new Dispatchers began work this month. Grimes .reported all
after-hours emergency calls will begin being handled by dispatchers instead
of by an answering service.
91.4 Grimes reported the staff was now working with the Humane Society on a
proposed new system for operation of the Animal Shelter. He said
recommendations would be brought before the Board.
Public Works Department
91.5 Grimes reported a number of large projects would be getting underway at the
Airport in the near future. He said the new access roadway from the VA
Hospital to College Avenue will be under construction this month.
91.6 Reporting on the Wastewater Treatment Plant project, Grimes said the
contractor is working six ten-hour days per week, with earthwork being
behind schedule for the effluent storage basin. Grimes said things are
looking a lot better than they have, with a meeting scheduled this week with
the contractor and engineer. Grimes said Bermuda sprigging is underway.
91.7 Grimes reported television programs will be scheduled in the future to keep
the public up to date on City government operations.
91,8 Grimes announced the Spring "cleanup" program began last Saturday. He
announced cleanup would take place next Saturday south of Wedington, North
Street, and west of Highway 471. He said April 25 cleanup will take place
April 7, 1987
north of Wedington and North Street and west of Highway 471, and on May 7
cleanup will take place north of North Street and Highway 45 East and east
of Highway 471.
Director Bumpass asked the City Manager if he had expressed the Board's
concern about the contractor paying the local subcontractors in a timely
manner. Grimes said that concern has been reiterated to the contractor
several times, as well as to the bonding company. Grimes said that is a
problem area. Director Bumpass asked the staff contact the radio stations
to announce the cleanup dates.
Grimes announced an emergency operations exercise for the evening of April
16 which will involve the City, the County, Springdale, and the University.
Grimes announced that on March 10 the Alcohol Control Board voted 5-0
against permitting beer and wine being sold in convenience and grocery
stores.
PCB Incident
Director Bumpass, referring to an article in a newspaper which indicated the
State Health Department did not ordinarily test water except at "the source
point", asked if some samples could be taken of water downriver from the
water tanks, and publish some results. City Manager Grimes said " we'd
never been notified that there were any trace PCBs in our water...there
possibly were because we were on a list of a number of communities that was
published some weeks back as one that had some paint in their tanks that had
PCBs and that we had already sandblasted and cleaned those materials out.
Prior to this incident we had no indication whatsoever that there was any
problem, and when we sandblasted and piled the sand outside the tanks and
repainted we did not know at that point in time there was any problem,
otherwise we certainly wouldn't have permitted anybody to take any of that
material."
Report to the Public
Grimes said it had been suggested the monthly report be changed to the
second Board meeting each month, so that a summary financial report can be
included. It was the consensus of the Board that the financial report
should be a part of the City Manager's monthly report and that the entire
report would be presented at the second Board meeting of the month.
CD PUBLIC HEARING
Mayor Johnson opened a public hearing for input from the general public as
to how to use additional Community Development Block Grant funds from the
Department of Housing and Urban Development. Community Development Director
Sandra Carlisle noted that an additional $55,000 will be received, rather
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III93.1 than the $51,940 originally reported. Johnson noted these funds are in
addition to approximately $360,000 already received for 1987.
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April 7, 1987
93.2 Sylvia Swartz, speaking for the Sang Street Senior Center, requested funding
in the amount of $10,000. Swartz told the Board the center was originally a
church which was bought with Community Development funds. Swartz said the
City owns the building but the EOA is responsible for the program. Swartz
said the center's purpose is to provide recreation for citizens over 60
years of age, as well as to prepare meals for the elderly, some of which are
sent out to 'housebound persons. Swartz explained the funds would be used to
help construct an addition onto the center (to locate a pool table and to be
used as a place to rest). She said there would be a rummage sale at 888
East Ash on April 11 to help raise more money for this project.
93.3 Les Kemp, Executive Director of Abilities Unlimited, addressed the Board.
Kemp requested $7,000 to construct a cover for their loading dock. He said
the primary purpose of Abilities Unlimited is to support and serve
handicapped workers -in the community. He said the organization had put 82
disabled persons back to work in the community in the last four years.
93.4 Bill Waite, member -1'0f the Parks and Recreation Advisory Board, requested
$14,000 for playground equipment for Jefferson Park. He said their original
request for $12,000 has been modified to include $2,000 for installation by
the manufacturer, which would include a guarantee and liability protection
against manufacturing defects. Waite said a secondary priority would be to
request the same amount for Walker Park South.
93.5 Andrea -Cromwell spoke on behalf of the Project for Victims of Family
Violence. Cromwell requested $5,137.50, in order of priority, for (1)
$2,000 for utility relocation; (2) $1400 for security screens; (3) $400 for
a handicapped -accessible bathroom; (4) $650 for outdoor lighting; (5) $250
for a handicapped -accessible ramp, and $437.50 for one additional parking
space. .
93.6 City Fire Chief Mickey Jackson addressed the Board. Jackson requested
funding for water mains and fire hydrants for the Helen and Lee Street area
in southeast Fayetteville (a project originally requested to be part of the
1987 CD budget). Jackson said this residential area has no fire protection
at all. Jackson said that, although $40,000 has been estimated for this
project, it is thought the cost could be cut by 25%. Carlisle reminded the
Board that engineering will have to be included in the cost and she
suggested the estimate remain at $40,000.
93.7 There being no other requests, the Mayor closed the public hearing. The
Mayor asked Carlisle to add these requests to the other requests and survey
the Board members so that action might be taken at the next Board meeting..
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April 7, 1987
HOUSING REHAB POLICY WAIVER
The Mayor introduced a request for approval of a waiver of the City's
Community Development Housing Rehabilitation Policies, to exceed the maximum
amount allowable for repair to a home located at 338 North Washington. The
Mayor explained the home was rehabilitated in 1981 and now a plumbing leak
has caused major damage. She said the staff recommended a maximum
expenditure of $3,000 for repairs.
Marinoni made a motion to allocate $3000 for the rehabilitation with the
provision that the amount spent would be refunded if and when the residence
was remarketed or sold.
Planning Director Carlisle explained that the program's current policy is
for the homeowner to sign a grant agreement which includes a provision that,
1f the house is sold or rented within five years, then money is refunded to
the program on a prorated basis. She added that the contract becomes null
and void upon the death of the owner and is not carried to the heirs.
Director Lancaster seconded the motion. Upon roll call, the motion passed,
7-0.
EASEMENT VACATION
The Mayor introduced a request for an ordinance vacating and abandoning a
ten -foot easement on the east side of property located at 1411 Rockwood
Trail. She reported letters were on file from utility companies expressing
no objections to the vacation of the easement.
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. The City
Attorney read the ordinance for the second time. 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. Upon roll call, the ordinance
passed, 7-0.
ORDINANCE NO. 3253 APPEARS ON PAGE /S,S
KX/ V
SUBDIVISION APPEAL
OF ORDINANCE & RESOLUTION BOOK
The Mayor introduced an appeal from a decision of the Planning Commission to
approve the subdivision plat for Pratt Woods Addition. The Mayor explained
the City's Code of Ordinances states that any member of the Board of
Directors may appeal such a decision but a majority vote of the Board of
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April 7, 1987
95.1 Directors is required for the appeal to be heard. The Mayor asked the City
Clerk to call the roll. Upon roll call, the Directors voted 6-1 to hear the
appeal,_with Director Martinevoting "no". asN3.'
95.2 The Mayor explained the Planning Commission recommended to the Board that
(1) the street width be waived from 31' to 27'; (2) the street be
constructed of exposed aggregate concrete; and (3) non-standard street
lights be provided by the.developer, installed by SWEPCO and maintained by
the City. Johnson said the reason for the appeal was because there are no
provisions for land north of this and connecting a street through the
property north of this. She said long range planning would indicate that a
cul de sac 540 feet long is 40'feet longer than the "dead-end street rule".
Johnson said there is a variance for frontage along the lots on the cul de
sac from 40 feet to 42 feet. Johnson said the cul de sac could be stubbed
to extend either to Garvin through_Markham or connect Garvin or Hotz to Sang
Avenue. Johnson'said her main problem -with the street is that it would be
made of exposed aggregate concrete. She said she had a problem with cul de
sacs.
95.3 Johnson said the Planning Commission has the ability to approve the plat,
the 540' long cul de sac, and the variance on the frontage. She said the
City Board would have to approve the width of the street, the exposed
aggregate, and the street lights, so that those items were not included in
the appeal.
95.4 Engineer Ervan Wimberly provided the Directors with copies of the plat -of
the development. Wimberly said the lot frontage had been worked out and a
variance on that item would not be necessary. Wimberly explained Dr. Archer
owned about 200 acres in the area but the property he wishes to develop is
separated from the property to the north by a very large waterway. Wimberly
said Archer has no intent at this time to develop the property to the north.
Wimberly said there is no request for a waiver to allow the street to be a
cul de sac, since the ordinance does not disallow a cul de sac. Wimberly
said every one of the neighbors is concerned about traffic and most of them
do not want a street opened up. Wimberly said there was no good reason to
direct through traffic up a steep grade through a residential neighborhood.
95.5 Director Martin brought up the concerns of area resident Harry Ainsworth
regarding drainage onto his property. Wimberly said he believed the
development would be improving that situation and that he has reassured Mr.
Ainsworth of that fact. Wimberly said drainage plans would be submitted for
City staff approval.
95.6 Director Hess commented that, even on flat ground, concrete aggregate would
become a major source of irritation and maintenance for the City. Hess
added that, if the undeveloped area is ever developed, the City is making no
contingency planning for the need for some access through the area. Hess
said he would prefer one of the cul de sacs have a street easement which
would allow there to be access to Sang or Markham if this were ever needed
in the future.
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April 7, 1987
Director Bumpass said he could foresee problems with emergency vehicles
having trouble finding a house in the development, because of cul de sacs.
Director Martin pointed out the Planning Commission voted 8-1 to recommend
approval of the development.
Director Marinoni said he had observed what could be an extension of Hotz
which leads up to the water tower on top of the mountain. He asked if it
was anticipated to develop that in the future. Marion Orton, area resident,
explained that road was a utility easement owned by Cy Sutherland. Orton
said she thought cul de sacs on flat land can create a maize but this
development is on a hillside. She said she thought it good that the
development plan is to go with the contour of the hillside, and that this is
a good use of cul de sacs on the side of a mountain. Orton said tieing in a
road to the upper part of the mountain could create another bad drainage
problem. She said she and others who live there do not want that kind of
intrusion on the natural vegetation which is holding the soil in place.
John Williams, area resident, stated he was a retired landscape architect
who owned property which would adjoin the development. He said he thought
a neighborhood built around cul de sacs would be safer because people are
able to keep an eye on one another's property. He pointed out that if the
cul de sac were extended to the west its only purpose would be to serve the
back of his property.
Mayor Johnson told Ervan Wimberly that, according to the Planning Commission
minutes, he said "...it would be better to extend Garvin Street through to
Markham and possibly take the other cul de sac and open it to Cross...the
neighbors were very opposed to the idea and there was heavy opposition to
connecting Garvin or Hotz to either Markham or Sang...the developer had
tried to work with the neighbors as best he could but the neighbors would
prefer that the land not be developed." Wimberly told Johnson she was
taking his remarks out of context. Johnson said from information she
received she could not see that any hardship was wrought by leaving two
streets as cul de sacs. She said if there will be a 50' drainage easement
dedicated to the City, she can see why Wimberly would not want to extend a
cul de sac there and she cannot see extending a street to Williams' house.
Johnson said she was satisfied there was a hardship regarding the cul de
sacs. She said a request will have to come back before the Board regarding
the width of the street, whether it should be concrete aggregate, and the
type of street lights.
The City Attorney advised a motion would be in order to affirm, modify or
refer back the preliminary plat as approved by the Planning Commission.
Director Bumpass spoke in favor of reserving an easement between Lots 11 and
12 if it would connect to Sang Street. Director Bumpass said he had not
seen the property and would vote "present".
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April 7, 1987
97.1 Director Martin said he did not understand where the impetus to build a road
was coming from, commenting that the potential buyers prefer to have cul de
sacs, they have heard this is good engineering practice, and the Planning
Commission approved the plat. Director Martin, seconded by Kelley, made a
motion to affirm the recommendation of the Planning Commission.
97.2 Harry Ainsworth, area resident, said he was grateful to be reassured there
is no reason to be concerned about drainage problems. He said he had talked
with the other property owners in the area and asked that streets not be
built through the development.
97.3 Upon roll call, the motion passed, 5-1-1, with Director Bumpass voting
'present" and Director Hess voting "no".
97.4 It was clarified that requests for waivers would be heard by the Board
Public Works Committee.
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SIGN APPEAL
97.5 The Mayor introduced an appeal from the literal provisions of the Sign
Ordinance from "Country Heritage Landscaping" for permission to erect a 32
square foot freestanding sign at a height of 15 feet at 2104 Mission
Boulevard, in a residential zoning district.
97.6 Cooper Lee addressed the Board, explaining that the business being located
on. the top of the hill does not allow passing motorists to see their wall
sign until they are right in front of their business. He said he would like
a sign either to be adjacent to the building or freestanding. He said plant
nurseries must be a "conditional use" in any zone, for which he has obtained
approval.
97.7 Director Kelley asked how•far back the sign would be set back. Lee said if
the sign were 32 square feet large it would have to be set back to a point
where it would be literally' over the building. He said he would eliminate
his existing wall sign. Director Lancaster told Cooper the ordinance
prohibits roof signs.
97.8 Director Marinoni asked Lee if he considered placing the sign above his
canopy. Lee said he would have to down size the sign •in.that case, since
the canopy was at the front of his building. Lee said .he thought there was
25-27 feet from the right-of-way to his building.
97.9 Director Kelley pointed out that a church sign just west of this property is
4' x 8' in size, and did not appear to be large for the site.
- 97.10 Lee said he wished to have a sign perpendicular to the building.
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April 7, 1987 9 8
Director Kelley said, based on the fact that the owner has a "conditional
use" for the property, he ought to have the right to put up a sign so he can
generate business. Kelley said in light of the fact that the same size sign
is just west of his property, and no residences are located for quite a ways
to the east, he made a motion to approve the request. The motion was
seconded by Director Martin. Mayor Johnson noted this was,a request for a
32 square foot freestanding sign at a height of 15 feet, to be located over
the gable.
Director Lancaster asked Lee if, in addition to the existing wall sign, he
had a sign which sets out by the road. Lee said he brings a sign in and out
which indicates that the business is open.
The City Attorney told the Board the sign should be set back 26 feet from
street right-of-way. City Manager Grimes pointed out that the total right-
of-way was 80 feet, meaning there would be a setback of 40 feet from the
center line, plus 15 feet for a minimum square footage sign. Grimes
suggested Lee be permitted a variance but that he comply with a sign size
according to how far back he wishes to locate his sign. The petitioner
agreed to abide by this suggestion. Director Kelley amended his motion as
recommended by the City Manager. Upon roll call, the motion passed, 7-0.
BOARD TRAVEL POLICY
The Mayor introduced consideration of a Board travel policy proposed by
Director Kelley.
Director Kelley made a motion to approve the travel policy for the Board of
Directors, as proposed in a letter to City Manager Don Grimes.
Director Hess said at certain times of the year Board members might need to
travel before having time to obtain approval from the Board of Directors.
He suggested there might be a monthly budget set for this purpose. Kelley
said he thought if the Mayor or City Manager needed a Board member to travel
immediately, and if this was going to have a significant impact on the City,
they should have authority to do so. Kelley said he would rather have that
be an exception to the rule, and have those trips reported to the Board,
rather than a part of the policy.
Director Martin seconded the motion.
In answer to a question from Director Marinoni, it was clarified that
presently there is no Board travel policy, but the City Manager signs off on
all travel and expenses for Board members. Grimes said costs of meals and
lodging should be the same for Board members as for employees, as a "rule of
thumb".
Mayor Johnson asked to change the policy to state that a report on a trip
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April 7, 1987
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99.1 need not be made to the full Board. Kelley said his intent was that such
reportstbe made 'either at•a Board meeting br Board committee meeting.'
99.2 Mayor Johnson asked that an expenditure statement be included in Board
agendast•as+anqnformationalxitem.
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99.3 Upon roll call, the motion passed, 7-0.
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RETURNED CHECK PENALTY
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99.4 Mayor Johnson introduced consideration of•“an+:•ordinance•ameriding;the•City
Code to provide that the penalty for a check or draft returned due to
insuffibient funds_ shall be $10 for each such check or draft. '''The City
Attorney explained this ordinance would merely bring the exisfin YCityldbae
in compliance with the State statute which limits the service charge to $10
per check..,..
99.5 The City Attorney read the ordinance for the first time. Director Bumpass,
seconded+by Hess, made a motion•to.5uspend.the•.rules and-place;•the ordinance
:n ;lstsl•.second reading. "Upon roll call, the motion passed, 7-0. The
ordinance: was .read for ,the second.ttime.; t Dieector. Bdmpass, secohded'by iHess,
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.
99.6 In answer to a question from Director Bumpass, the City Attorney said there
would be opportunity) for.,an administrative;'waiver when, a' mistake in
bookkeeping'has-been made.by flank. - .. t'
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99.7 Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3254 APPEARS ON PAGE /4-C
XXiV .
OF'ORDINANCE AND RESOLUTION BOOK
Ike .44A ::: ii wr:.r 1 rr 0! £, .. . ,: a8 'It21b .. • .. . Urn ; .,,.• -1,t t ;.,,
AIRPORT COMMITTEE REPORT ", ,� .: •q i i SI •, ,; `.;d . i< r.lo:.: .;1 iV
99.8 Director Lancaster, Chairman of the 'Board Airport Committee, presented a
'report on that committee's meeting of March 25. ' Lancaster reported -the
committee recommended approval of all its agenda items: (1) a one-year lease
with Air. Midwest for ground ,rent on the Air Midwest fuel farm,..at.a.,cost.bf
$440per monthr-(2)''a request to -transfer -the "Old White Hangar' from the
Airport.Fund to the,General'Fund,' to be worked out by the staff;'(3) renewal
.of T-hanger.leases'with Corp Business Services, David Henson and.Joe Benson,
Sargeant Marketing; and'Tilden Wright: •
III99.9 Assistant Airport Manager Kelly Johnson added that not
included on the
'agenda but”recommended by the, committee was a.„T-hangar” lease with George
Christopher. She explained that Christopher would be charged $110 per month
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April 7, 1987
100.1 (single hangar rate) for a twin hanger, because there are no vacancies at
this time in the single hangar unit.
100.2 Director Lancaster moved approval of the committee's recommendations. The
motion was seconded by Marinoni.
100.3 In answer to a question from City Manager Grimes, Lancaster said his motion
included approval of the staff recommendation for placement of the Air
Museum in the organizational structure.
100.4 Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 29-87
RESOLUTION BOOK )Q j ‘
APPEARS ON PAGE Jo 3 OF ORDINANCE AND
RESOLUTION NO. 23-87 APPEARS ON PAGE 4 0 OF ORDINANCE AND RESOLUTION
BOOK ?,xuL L\
100.5 Director Bumpass asked if approval of the artist's concept for the Airport
Terminal sign was included in Director Lancaster's motion. Lancaster,
seconded by Bumpus, made a motion for approval. Upon roll call, the motion
passed, 7-0.
BID AWARD
100.6 The Mayor introduced consideration of the award of Bid No. 759 for a mowing
unit for the Public Works Department. The Mayor reported the staff
recommends the award of the bid to Springdale Tractor, bidding $6525, within
the budget.
100.7 In answer to a question from Director Marinoni, City Manager Grimes
explained both bids were for tractors in the 18-20 h.p. range.
100.8 Director Marinoni, seconded by Hess, made a motion to approve the award of
bid. Upon roll call, the motion passed, 7-0.
DISPATCH CENTER DIVISION
100.9 The Mayor introduced an ordinance establishing a Central Dispatch Center
Division in the Department of Public Safety. 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. The ordinance was read for the
second time. Director Bumpass, seconded by Marinoni, 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.
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April 7, 1987
Mayor Johnson asked if this ordinance would take the Dispatch Center out of
the' Police'tDivision. d'ubli - Safety".Director_Marty: Coaties.. said that_had
already beer done. "He' explained -the••Arkansat Crime? Information. Center:and
the National Chime Information Center -are the.• City-:s.:computer linkst for..law
enforcement -communication and require ,either that the. communications._be
under the Pollee Department or that there be a control.agreement between an
autonomous -dispatch center and the Police'Division. Coates•safd this'will
ensure confidentiality 'of .information and>speedyr service.'of'.that
information.
In answer 'tole question from'Difector•Maitin, .Coates said the agreement
would be unnecessary if the dispatch center were tinder the diol ee Division.
Martin asked why the -dispatch /Center :was made autonomous. _Coate'sAxpiained
it was made autonomous because -it will be serving. other=areas of ,the.City.
He said this was approved at budget tithe when the use , of both fire and
police.personnelrwas.approved•for thet:dispatcH cenfer.. #4: `.
"fte t ,• .'+Y s i ^ `A 'F .i :i•. ,..,:.... • L _ . .., i' : -Y I't'f.
IIpon•.roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3255 . APPEARS ON PAGE A577;;;;;;. OF ORDINANCE AND RESOLUTION
BOOK, oJXX,/ ,t •
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EMPLOYEE,,HEALTH,;INSURANCE
a1
ThedMayor-'introduced a,'resolution.authbiizing'..
execute a renewal of the contract with Arkansas
for employee health 'insurance, and approval
$32015. `.:: . .. : , II;.
t C I
The:Mayor explained the
to.$29S 428.84. ,. .
the:Mayor and City Clerk to
:Blue.Cros's.:and B1ue.Shield,
of- a budget adjustment for
,,.d is x.,. -c.
., ,n .. -------------
annual coat to.the-City..has.risen from:$263,114.28
Director Hess asked if this was the least expensive coverage the City.cou'ld
get by with. Administrative Services Director Linebaughsaid some .che'cking
was done into comparable packages arid the-stafffeelsthat-, for.:the,cos:t2and
the coverage, this is the'bestr.•.tr-mow '.r.3 Th ^:t_! ;s;, ii,.. .,.. '1 . •,:c7n..
.191 .. .. .. ...f .�'::V
Director Kelley .asked if self-insurance had been considered. ..Director;Hess
said, in light of the dramatic rise of insurance costs over the. last "two
years, he thought the City should try to gradually getasmuch self -
•insurance as possible. Administrative Services Director Linebaugh said. the
.staff is loOking into self-insurance in general for the Cit -- :.
In, answer to a question from Director Bumpass,":B1ue.Cross..representatiyes
who' were' present ,said'the 'health insurance . benefits• would riot be considered
taxable income for employees., �•' ".'
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101,1'
101.2
101.3
101.4
101.5
101.6
101.7
101.8
(12
April 7, 1987
102.1 In answer to a question from Director Lancaster, Linebaugh said the
employees had elected to add dental insurance and accident coverage but this
does not affect the rates since the employees pay for these benefits
themselves.
102.2 Director Kelley mentioned that Blue Cross and Blue Shield also does a good
job of advising and consulting on self-insured plans.
102.3 Mayor Johnson commented that the City had accrued a cash balance of reserves
over the years because of low claims. Linebaugh noted that these reserves
had been depleted. Linebaugh added that the staff had consulted with the
company before preparing the City's budget and was told there would not be
an increase but at the end of the year claims grew tremendously.
102.4 Director Martin, seconded by Kelley, made a motion to approve the contract
and the budget adjustment. Upon roll Call, the motion passed, 7-0.
RESOLUTION NO.24-87 APPEARS ON PAGE
BOOK 2SXJ1 ( 1
COMPUTER LEASE
8
OF ORDINANCE AND RESOLUTION
102.5 The Mayor introduced a resolution to allow the City to meet requirements of
the new tax code for a non-profit lease to be used for purchasing computer
equipment. Johnson explained this concerns the five-year lease with
Leasemark at a 6.78% interest rate.
102.6 Administrative Services Director Linebaugh explained the City will be saying
that during this year it will not issue any more than $10 million in tax
exempt obligations, thus allowing the City to obtain the lower interest
rate. In answer to a question from Director Marinoni, Linebaugh said this
would only be necessary for the first year of the five-year period of the
lease.
102.7 Director Hess, seconded by Marinoni, made a motion to approve the
resolution. Upon roll call, the motion passed, 7-0.
102.8
102.9
RESOLUTION NO. 25-87
BOOK Wit
RELEASE AUTHORIZATION
APPEARS ON PAGE
9L
OF ORDINANCE AND RESOLUTION
The Mayor introduced a resolution authorizing the Director of Administrative
Services to authorize the release of instruments pledged by a financial
institution as security for the deposit of City funds.
Director Hess, seconded by Bumpass, wade a motion to approve the resolution.
Upon roll call, the motion passed, 7-0.
• ..
RESOLUTION N0.
BOOK 4ill4 t
•
April 7, 1987
26_87: APPEARS ON PAGE .,,%,f 'OF "ORDINANCE, AND RESOLUTION
RECORDS ;,DESTRUCTION
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103
103.1
'.r. ,'1,_.i ._:. .5:. ,. d 4:101 :: r.:1:•-. :141';° r
The .Mayor introduced a resolution authorizing the City Clek to ;destroy 103.2
certain records and support documents listed in the agenda which have been
microfiched and stored. for a required: period of time.
. . - )n
• In answer .to a question from Director Kelley, .the :City.Ar_torn,ey,said the 103.3
authorization was required bylaw ,,It,was.;noted,!that the iecords would be
destroyed by shredding or•dumping in a landfill. .,
t.
Diiectoi Bumpass, seconded• Eby Marinoni, ,made a,motion.to, approve the 103.4
resolution. Upon all all, the motion Passed,. 7-0.
RESOLUTION •NO.,,27_87,,, 2, APPEARS. ON PAGE ,;.j.:9t, •8uu<„ OF ORDINANCE AND
RESOLUTION BOOK
OTHER .BUSINESSrr r' i u.. ,;,.a: ! :1'yin .r:
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• 44. .,: S.�l' .!?c:Ts8 ':U.h.c,1;3 .f1:u .1_4 ,b'r Y::hlr n.:i:n4 }a}
FINANCE COMMITTEE MEETING SCHEDULED
Director Martin, ,asked - that the Board. Finance Committee meet o- consider
approval, of, budget adjustments.t
contained inthe._agenda.
•
ROSE V. CITY• •
.4 • „
The City Attorney told the Board there war a recommendation in the agenda
from ;the. City. Manager, in reference to•.James,„Kennetb,,,Rose'„v..,,City„of
Fayetteville: that..the, decision in that case be appealed.to ,the. •Supreme, Court
for the..reasons stated in his, memorandum. ,d
�, •:pi :-..-: r,:�tj s-:!ev. �i'! ,.n. t,ddl .. '�-1. .. •l. y.
Director Bumpass, asked ,what the objection. was ..to,' disclosing information 103.7
pertaining to this case. The City Attorney„explained information Lias been
released. ;because,,;of .the circuit ,.Court's Order..•.,,He :said,,,the purpose, of the
appeal is to establish. what the, lay •is in, Qrkansas..,in z.similar cases. He
1, d ,.) :. I4.1 F:
said, the Circuit Court ruled the -„fire department.• is .not a .law enforcement
agency, ,.despite, the fact._ that. the State Fire; Code .,provides that a fire
official shall have the, same powers as'a police officer. .He added that the
Supreme .Court has not construed the term "undisclosed'investigations"..t. He
said he thought the City would be faced with. similar„questions in ther,future
and he thought this action would eliminate similar litigation to require
disclosure.
•
103.5
103.6
s•
April 7, 1987
104.1 In answer to a question from Director Bumpass, Public Safety Director Marty
Coates said he felt that disclosure of information would have damaged the
case which was under prosecution.
104.2 Bumpass asked if the City was saying information could not even be disclosed
through a bill of particulars in a criminal trial as discoverable material.
The City Attorney explained the City was saying that is the appropriate
procedure, not a "freedom of information" request and suit, that the
criminal court should decide whether the information is discoverable or not.
104.3 Bumpass asked the City Attorney to estimate the cost of the appeal. McCord
estimated a maximum cost of $2,000. Bumpass said he really didn't know what
the City would be accomplishing by resisting this, commenting that this was
an unusual case, not likely to happen very often. The City Attorney said it
was unusual to have such requests from a criminal defendant, although not
unusual to receive them from media representatives. He said the purpose of
the recommendation is to get a Supreme Court clarification as to what the
FOI exemption includes.
104.4 Director Lancaster said that, if the City Attorney recommends this, he would
nate a notion to approve. The City Attorney pointed out this was a
recommendation from the City Manager and the Public Safety Director,
although he thought it would serve a beneficial purpose. Upon roll call,
the notion passed, 6-1, with Director Bwspas* voting "no".
COMMITTEE MEETINGS SCHEDULED
104.5 A Board Public Works Committee meeting was scheduled for 8:30 a.m. on
Wednesday, April 15, followed by a Board Personnel Committee meeting and a
Board Finance Committee meeting.
PARKS BOARD ACTIONS
104.6 Director Hess asked if the Parks and Recreation Advisory Board had decided
to accept cash in lieu of land, for green space dedication, for the Appleby
apartment development on Gregg Street and Appleby Road. City Manager Grimes
said he understood that was the Parks Board's recommendation to the Planning
Commission. Director Hess asked if the Board had any authority or input
into that decision. The City Attorney explained the acceptance of land
dedication has to be approved by the Planning Commission and the City Board,
while the payment of cash in lieu of land is a decision made by the Planning
Commission. McCord and Hess both noted that Parks Board minutes indicated
two options -- one for the acceptance of land, and one for the acceptance of
cash in lieu of land. Director Hess said he personally hoped land could be
dedicated for a park in that area. The City Manager said he would check
into which of the options had been recommended by the Parks Board.
1
April 7, 1987
NATIONAL SPENDING CUTS •,,. 1 1.
Mayor Johnson reported that a resolution was introduced today in thesHouse
of Representatives indicating a level of'spending-f'or balancing the budget
which would cut the national deficit by $36 billion, including a $9.billion
defense cut and a $9 billion domestic spending aut. Johnson said domestic
spending would include Community Development Bleak Grants. Johnson.'asked
that the Board go on record in support of that resolution, and contact our
representative. She said there .ds .a..move : to, amend -thet resolution. to
decrease domestic spending and increase the defense budget;--- I,•e, -.
Director Johnson moved to support the resolution and recommend that no
amendments be aieepted to the resolution. The ,motion was seconded by
Director Maiinoni.
Director Martin stated he did not have enough information with which to vote
on this issue. He commented that he thought this was a legislative question
for the national congress to decide, not. the Fayetteville City Board.
Director Bumpass suggested as an alternative' that the Board express the
sentiment that it would like to receive the same funding next year which it
received this year. Director Bumpass, seconded by Lancaster, made a motion
•to send a resolution that the Board suppoits.Commnnity Development Block
Grants being funded at the'same level it received this year.
Upon roll call, the motion made by Johnson failed, 2-5, with DireCtors-
Johnson and Maiinoni voting "yes".
Upon roll call, the motion made by Director Bumpass passed, 7-0.
RESOLUTION NO. .,.,,?,$-82: APPEARS ON PAGE ,/B, i,,,;,,, OF ORDINANCE AND RESOLUTION
BOOK XKva.11,,
REVENUE STABILIZATION ACT
Mayor Johnson reported that last year, through revenue turnbacks, cities in
Arkansas received $24,614,000 plus a $5.5 million workers' compensation
allotment. She said last week cities received $28,132,471 in "category A"
plus $2 million in."category C". Johnson said there was no hope that
anything in "category C" will be funded, meaning cities lost $2,500,000
because there will be no workers' compensation turnback.
MINUTES
The minutes of the March 17, 1987 meeting were approved with the following
corrections:
105
J
105)1
105.2
105.3
105.4
r
105.5
105.6
105.7
105.8
IU;G
April 7, 1987
106.1 81.1 At the end of this paragraph, add "Directors Martin and
Kelley voting in the minority"
82.4 Change "7-0" to "6-0"
ADJOURNMENT
106.2 There being no further business before the Board, the meeting was adjourned
at about 10:25 p.m.
1