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HomeMy WebLinkAbout1989-12-19 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, December 19, 1989 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., Shell Spivey and Fred Vorsanger; Assistant City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas, members of the staff, press and audience CALL TO ORDER 403.1 The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. 403.2 The Mayor welcomed the public watching the meeting on television, and those present in the audience. He said everyone present would have an opportunity to address the Board on every item under discussion. He asked that those wishing to speak introduce themselves, give their place of residence, keep their comments concise and non -repetitive, and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. REPORT TO THE PUBLIC 403.3 Mayor Martin introduced the City Manager's report to the public and Board for the month of November. This report includes financial information, an update on staff activities, and items of general interest. Assistant City Manager Scott Linebaugh addressed the Board and informed the public that a copy of his report is on file in the City Manager's office for public reviewal. UNITED FUND 403.4 Linebaugh reported that the United Fund goal had been exceeded for the year. He complimented City Staff on their efforts in helping the United Fund Campaign and exceeding their goal by 33%. WEEKLY MANAGEMENT REPORT 403.5 City Staff has begun preparing an informational management report that is presented to the Board on a weekly basis. It consists of four sections: (1) major projects, (2) narrative on major projects, (3) management discusses citywide problems and provides options for solutions, and (4) other information. FINANCIAL INFORMATION Linebaugh assured the public that the City is financially sound as 400.1 reflected in the financial reports. During the last several months, the discussion has been on expenditures exceeding revenues. He feels it is important to note that this expenditure process has been a planned approach for the 1989 budget. Excesses had been built up in the past several years, so the excesses were planned to be spent in 1989. He also pointed out that in the operating funds in future years, the City will be having some problems. This trend has been reflected by cities such as Little Rock and Fort Smith, and others will be going through the same' problems. Operating expenses in cities are increasing at a faster rate than their operating revenues. Some good news regarding financial information for the month are 400.2 that operating revenues are showing $1.5 million greater than they were in 1988. Three of the taxes also increased in revenues: (1) property tax is up about $70,000 over 1988; (2)`county sales tax is up about $145,000; and (3) city sales tax is up $341,000 over 1988. Operating expenses are greater than 1988 by $6.5 million; however, this was planned expenditures in the'1989'budget. The expenditures are running under the budgeted amountsyso.there will be more.money available for 1990 than anticipated. PREVENTION PROGRAM • The Police Department Crime Prevention Program reached 215 persons 400.3 during the month of November in their programa. There were several programs presented by the department. The Fire Department Prevention Division reached 223 persons in fire 400.4 education classes in November. There were several displays and programs offered during the month on fire prevention. COMMUNITY DEVELOPMENT The City was awarded a $76,000 grant from ,HUD to be used exclusively for rehabilitation of existing rental housing in the target area. TRAFFIC DIVISION The Traffic Department repaired 89 vandalized signs, repaired 30 parking meters and started a stop sign change -out program. They issued 1,538 parking tickets, 150 parking summons, answered 19 citizen service calls, and completed installation of a flashing pedestrian beacon on Dickson Street. WATER DEPARTMENT The Water Department repaired 67 water leaks, 12 water service lines, replaced 3 valves, located 96 lines, completed 20 valve box replacements, and repaired 10 water stations during the month of November. Linebaugh wanted to highlight the amount of repairs that 400.5 400.6 400.7 have to be done by the water service department alone in an average month. 401.1 Director Vorsanger pointed year to date is a little complimented City Staff on department. CONSENT AGENDA out that the interest income for the over $3 million on cash funds. He the super job they were doing in the 401.2 The Mayor introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda." The Mayor explained that the Consent Agenda represents items on which there is thought to be unanimous agreement by the Board, but pointed out any Director may request the removal of an item from the Consent Agenda. The Mayor read the items contained in the consent agenda as follows: 401.3 A. Minutes of the December 5, 1989, regular Board meeting. 401.4 B. A resolution authorizing payment to Jim McCord for legal services rendered in USF&G v. City of Fayetteville in the amount of $19,275 and approval of a budget adjustment in the Sewer Plant Construction Fund. te RESOLUTION 122-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 401.5 C. A resolution authorizing a budget adjustment in the amount of $23,727 from the Fire Department Vehicles and Equipment Account to the Interest Expense Account. The interest expense was paid out of the Vehicles and Equipment Account for the purchase of a fire truck. The funds are available and need to be transferred to the correct account. 401.6 401.7 RESOLUTION 123-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D. A resolution authorizing a budget adjustment in the Police Pension Fund to cover cost of Investment Fees. 401.8 The Police Pension Board voted to invest the Pension Fund with another firm. An adjustment of $40,000 is required to pay the investment fees. The revenue from investments will cover this fee. RESOLUTION 124-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 401.9 E. A resolution authorizing award of a bid for a High Speed Printer for use by the Personnel, Purchasing, and Accounting .,Departments, and approval; of 'a 'budget adjustment. Staff recommends award of bid to IBM Corporation of 404.1 Fayetteville in the amount of $12,116.08. ; The present printer in the Finance Department will be transferred to the Personnel and Purchasing Departments, and thrnew printer will better meet the needs and demands4of:the Finance Department. RESOLUTION 125-89 APPEARS ON PAGE RESOLUTION BOOK OF ORDINANCE AND F. A resolution authorizing the award of Bid -489-53 for the 404.2 purchase of two (2) Spreader Body Assemblies to Dealers Truck Equipment Co:, Inc., of North Little Rock for $13,038.48. Staff recommends award of the bid for the Spreader Body Assemblies that are to be used by the Street Department and were budgeted at $20,000. RESOLUTION 126-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK G. A resolution authorizing a .budget adjustment in the 404.3 Public Works Division for the Airport in the amount of $40,000 for the purchase of floor covering. Staff recommends approval of this adjustment and expenditure. The funding is being generated for this project by the unanticipated increase in parking lot revenues. Some of the funding for this project was used earlier in the year for a settlement payment. RESOLUTION 127-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK H. :A resolution authorizing a budget adjustment in the 404.4 Public Works Division for the Land Acquisition Account to purchase the property designated in the Israel Settlement and to fund the removal of the designated items. The Board approved a settlement offer at the November 21 meeting, and the transfer of these funds from the Fund Balance Account is necessary to close the Israel Case and to provide funds for the settlement. RESOLUTION 128-89 RESOLUTION BOOK APPEARS ON PAGE OF ORDINANCE AND I. A resolution authorizing a -budget adjustment in the Arts Center Division. The purchase of land was approved 404.5 earlier this year to provide parking for the Walton Arts Center. The budget adjustment of $147,000 will be covered through the City Sales Tax. RESOLUTION 129789 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 405.1 J. A resolution authorizing a budget adjustment in the Sewer Plant Construction Division in the amount of $3,009,550 for debt service requirements as needed. Debt service payment was budgeted in the Bond Fund. Staff did not budget a transfer to get the funds from the Construction Account. Staff assumed funds would come out of investments in the Debt Service Accounts held by the trustee. The trustee demanded that the constructed fund be depleted first. RESOLUTION 130-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 405.2 K. A resolution authorizing approval for payment of $85,349.94 to the McDermott, Will & Emery Law Firm for June -October, 1989 and $18,440.52 to the Niblock Law Firm for October 5 -November 3, 1989, for services rendered on the incinerator project. RESOLUTION 131-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Director Marinoni, seconded by Kelley, made a motion to approve the consent agenda. Upon roll call, the motion passed unanimously. REZONING 405.3 Mayor Martin introduced consideration of an ordinance rezoning property as requested in Rezoning Petition R89-32. Size of parcel: 16.84 acres Location: North of Hwy 16 West on the east and west sides of Salem Road Petitioner: Bob Davis Change Requested: From R-2 "Medium Density Residential" to C-2 "Thoroughfare Commercial" Planning Commission Action: Recommended approval by a 5-3-0 vote to rezone the eastern section of the property (to the east side of the road dividing it) and leave the western portion as it is presently zoned. The initial motion ofr-.the Planning Commission was to approve the rezoning. However, the vote was tiedgat 4-4-0. • It takes 5 positive votes to approve a rezoning petition( so the motion failed. The ordinance was read for the first time. Director Marinoni, 406.2 seconded by Kelley, 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 Marinoni, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. City Attorney Rose read the ordinance for the third time.' •Upon roll call the ordinance passed by a vote of 7-0 approving the rezoning recommended by the Planning Commission. l 406.1 ORDINANCE NO. 3467 APPEARS ON PAGE /75 RESOLUTION BOOK xx v PROPERTY CLEANUP OF ORDINANCE AND Mayor Martin introduced consideration of an ordinance ordering the 406.3 abatement of unsightly conditions and the razing and removal of unsafe structures located at 1723-1725 West Mitchell. The Staff recommends approval of this ordinance. The ordinance was left on its first reading at the November 7 Board meeting. The condemnation is requested for the vacant, dilapidated, and unsafe building owned by Myrtle Winkle and Madeline Tribble.' Kelley asked if there had been any response from the owners. John Merrell, Planning Management Director, stated the City has not heard from the owners, and there have been no improvements made to the property. There was no motion to move the ordinance to its third and final reading, so it was left on its second reading. 406.4 406.5 406.6 BOND COUNSEL CONTRACT Mayor Martin introduced consideration of a resolution approving the 406.7 contract between the bond counsel, Wallace, Dover & Dixon, and the City regarding the proposed issuance of the Capital Improvement Revenue Bonds. Linebaugh stated Staff has reached an agreement with the Wallace, 406.8 Dover & Dixon Firm and recommend the contract. Kelley, seconded by Marinoni, made a motion to approve the contract. Vorsanger requested that the City Attorney indicate on the contract 406.9 that he has reviewed the agreement. He further asked for clarification on the fees agreed upon in the contract. Linebaugh stated there was an hourly rate. However, the maximum fee to be charged cannot exceed an amount equal to .00175 (the % sign in the contract is to be removed) of the aggregate face amount of the bonds issued. Linebaugh stated Staff had requested the hourly rate which might save money over a flat fee. 407.1 Robert Brandon addressed the Board and asked how the approximately $10 million designated for the school construction would be handled in the bond indenture. 407.2 Linebaugh stated the $10 million for schools would be a part of the total $60 million bond issue. The City will build the school and lease it to the school system. 407.3 Mayor Martin asked if the $10 million figure for schools would be specifically identified in the bond prospectus. Linebaugh stated it would be one of the capital uses, but would probably not be specifically highlighted as designated for schools. 407.4 Brandon asked specifically about the lease agreement between the City and the school system. He stated the lease arrangement had not been made clear and he wondered where the school system was to come up with the money to pay the lease. 407.5 Mayor Martin stated the lease arrangement had been agreed upon by both the City and school system, and the lease is really an economic funding mechanism. 407.6 Linebaugh stated the legal advice the City had received stated the City could not just give the school system $10 million. The City had to build the building in order to make it a legal transaction. 407.7 Mayor Martin stated the school would not be paying back the $10 million through the lease arrangement. If there is no economic development, there is no payment essentially from the schools to the City. Upon roll call, the motion to approve the bond counsel contract passed unanimously. RESOLUTION 132-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK MUNICIPAL JUDGE HEALTH INSURANCE 407.8 Mayor Martin introduced consideration of a resolution approving health insurance benefits for the Municipal Judge with the City's insurance provider, Blue Cross Blue Shield. 407.9 A survey of other area municipalities showed that most of them provide health insurance for the municipal judge. Blue Cross Blue Shield would only allow this if a new group of elected officials were to be provided coverage, and then all elected officials would have to be covered; i.e., the City would have to pick up the costs on single policies for all elected officials. Due to the long-term 1 - implications outlined'in the letter from'NBlue Cross Blue Shield, Staff does not tecommend,approval of the:benefits at this time. . fr Linebaugh stated Staff had asked Blue. Cross if any arrangement 408.1 could be made to provide coverage for the judge..'In this regard; Staff recommends that the judge be allowed to obtain'his own single coverage and the City pay the judge the amount paid totBlue Cross for single employee coverage. ' Green, seconded by Kelley, made a motion to approve the healthcare 408!2 insurance premiums for the judge equal to the same benefits: of the other city employees. 4. Lancaster asked if the money was to be used strictly for health insurance premiums. Director Green stated this was the intent of his motion. Vorsanger stated he felt the judge should be treated as any other employee and be provided either single or family coverage whatever he needs. Linebaugh stated the judge had only requested individual coverage. 408.3 408.4 • Upon roll call, the motion to pay the equivalent of health 408.5 insurance premiums to the Municipal Judge passed•unanimously. RESOLUTION 133-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK HUNTINGDON HOMEOWNERS ASSOCIATION Linebaugh stated the problem in the subdivision is very complex. The developer is responsible when he puts in a subdivision for the drainage and street construction. At the same time, the City is responsible for making sure the proper drainage and streets are constructed. In this case, the developer had financiar problems and did not complete the work. The City is not legally responsible 'to provide drainage or street work if the developer fails to do so. However, the City is responsible to try and protect the public in this type of situation. When the developer goes through the building process, he is allowed to continue on even though he does not have the drainage or street construction completed and building permits will be issued. In the final plat review, liens are required on lots equivalent to the cost of completing the street and drainage construction before the building permits are issued. In this subdivision, several problems have occurred: (1) There • 408.7 appears to have been an inadequate drainage plan that the City approved. This is still being investigated. (2) There were liens that were received on the lots. However, the City failed to sell the lots to complete the construction. The City has requested an engineering study into the drainage problems, and the City is looking into the old engineering study on the drainage plan to see. if it had been done correctly and why the City accepted it. Staff is also looking into why the protection system failed on the liens. 408.6 409.1 There are basically three alternatives the City can take: (1) no action; (2) City could accept some responsibility for improvements and seek to defray costs by assessing the property owners; or (3) the City undertake the improvements of the drainage system without seeking to defray the costs. Staff feels that the property owners should be held harmless because they were not aware of the problems that occurred; therefore, Staff recommends the City correct the drainage problems at no cost to the property owners. 409.2 City Attorney Rose stated he has attached to the report a copy of the statute that allows the City to defray the costs of improvements if they so desire. There is no legal solution to the problem The statute of limitations has expired on the liens, so they are no longer any good. 409.3 Director Vorsanger asked what Bank had been involved and he expressed his concern that this problem has been going on for twelve years. Linebaugh stated he understood First National Bank had been involved. 409.4 Rose stated he was not aware of the bank pursuing any recourse against the developer. The last correspondence from the bank regarding this development was about 1981 or 1982. 409.5 Vorsanger liked the Staff recommendation to pay for these improvements from the CIP budget and asked if this was a legitimate CIP item. Linebaugh stated it was a valid item, and what would be required would be moving improvements from later years to the current level. 409.6 Kelley asked if there were any legal liability that could be attached to the original developer. Rose stated he would like to say yes, but he was not aware of any lots retained by the developer or of any legal recourse. 409.7 Lancaster asked how the lots had been sold if the liens had been recorded. Rose stated the contract that the City had which established the liens was duly recorded in 1979. The lots have been sold in spite of the recorded contract. In two instances, title insurance was issued that listed the liens as an exception on the title insurance policy, but apparently made no difference to the purchasers. The contract was entered into in 1979, and the statute of limitations has run. 409.8 Green stated his main concern was to make sure that this type of thing does not happen again. 409.9 Marinoni asked what the dollar amount was to correct the drainage problem. Linebaugh stated the City estimate was somewhere around $200,000. Marinoni asked if the City obligated themselves on this issue, would that set a precedent for future failures of streets, water lines, etc. Rose stated he did not feel it would because this is a special situation that has occurred and the circumstances of bankruptcy should not set a legal precedent. There may be a 1 moral precedent set, and the City may getrequests .in the future based on the fact that "you did it for them, now dolit`for us." 1.:.. t Vorsanger, made a motion for the City to undertake the drainage repairs and the funding come from the CIP budget., This motion was • seconded by Kelley. Lancaster stated that the issue before the Board tonight_.was drainage for the PUD. What type of problems will be broughtwbefore the Board in the future when the developer has :defaulted. Linebaugh stated that theregulationsfor drainage and streets in the PUD were not different than any other development. The streets do have problems, but their repair was already budgeted into the CIP budget. - Kelley asked that thenecessary changes to City ordinances and policies that would eliminate these types of .deficiencies be brought back to the Board as early as possible in the first quarter of 1990. Upon roll call, the motion passed by a vote of 7-0.. Eric Malstrom-addressed the Board and thanked the Board for their support and willingness to address the problem. Ne- .wondered if the Staff was prepared to address specific solutions to the drainage problems. Linebaugh stated that the City has received no plans from the engineer at this point. The engineer has looked at the location and stated there was a considerable amount of work that needed to be done. Malstrom stated that several members of the neighborhood had suggestions on how to solve the drainage problems that they would like to share with City Staff. -Mayor Martin stated Staff would welcome the suggestions and cooperation with the subdivision members. RESOLUTION 134-89 RESOLUTION BOOK OTHER BUSINESS APPEARS ON PAGE OF ORDINANCE AND NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY Linebaugh announced that the Northwest Arkansas Resource Recovery Authority would hold a meeting at 8:00 a.m. on Thursday, December 21 at City Hall to discuss filing lawsuits against the third parties that have not signed the tolling agreements. Linebaugh has also asked Walter Niblock to present the Board with a report tonight. Niblock is requesting two actions from the Board: (1) approval of the signatures on, the tolling agreements and (2) approval to enter into a lawsuit against the third parties who refuse to sign the tolling agreements. 41 410.1 410.2 410.3 410.4 410.5 410 6 410.7 411.1 Steve Pflaum addressed the Board on the progress of the litigation. The case is still pending regarding the freedom of information act. A suit has been filed requesting declaratory relief. There are two defendants who have moved to have the case dismissed from chancery court, and an opposition has been filed against these and are currently waiting on a decision to the motions. 411.2 With respect to the main lawsuit, their basic strategy is still the same --to bring all interested parties into one lawsuit. A motion has been filed to force the plaintiff to bring into the suit the additional parties they excluded from the case. A hearing is expected on this motion in January. Union Bank, the trustee for the bondholders, has filed a motion for summary judgment wanting a determination that the waste supply agreement is enforceable and that the City has a legal Obligation to pay the short fall. Pflaum intends to file a similar motion but will wait until all interested parties are in the case. 411.3 Most of the activity over the past several weeks has involved the third party claims that both the City and Authority have against other parties that were involved with this transaction. Both the City and Authority have two types of claims that can be asserted against the third parties: (1) the theory that the remarketing was premature because the site had not firmly been decided upon as of December 30, 1986 when the remarketing took place. Various approvals from state, federal, and local governments had not been approved, and these were necessary before the remarketing took place. (2) Some of the third party defendants also bear responsibility, that if in the main action the waste supply agreement is determined to be unenforceable, then there are other parties that bear responsibility for that document and should be held responsible for the damages suffered. Basically, these parties had an obligation to put together a deal that worked, and the waste supply agreement was an integral part of this transaction. If that document is ultimately determined not to be enforceable, then those other parties did not put together a deal that worked and should be held responsible for any losses the City would obtain. 411.4 Only the former city attorney has agreed to sign the tolling agreement at this point. Pflaum is requesting that the Board ratify the tolling agreement signed by Mr. McCord. Also, the Board is being requested to authorize lawsuits to be filed against the third party defendants who do not sign the tolling agreements. If these claims are successful, they offer a possible means to recover the $7 million short fall of the bonds so the City would not be left footing the bill. Countersuits are possible from the third party defendants, but he does not believe there are any valid claims that could be brought against the City. Currently, some of the third party defendants are upset that they have been accused of possible wrongdoing, and say they are being slandered and/or libeled. He wants the Board to understand that the City could be sued, and some of the third party defendants have threatened to seek sanctions from the City if they are sued. This is common is high stakes litigation such as this. f 41 The law firm is continuingtheir legal research into the case: If •412.1 something were to come,,up that would raise questionsabout the validity of a claim against a particular defendant, this would be discussed with the City Attorney, and a decision would be -made about pursuing the particular claim. There are also complex issues about where the case should be filed. Their preference is to bring the suits in the same lawsuit that is already pending. It is more convenient for the attorneys and4less expensive for the City. However, there is a risk that if,.the pending case fails, there is some chance that the case could be dismissed and some chance that we could not sue elsewhere because the statute would have run. Pflaum thinks this is very unlikely, and the risk is outweighed by the economy, convenience, and strategic advantages of having all claims decided in one case. Pflaum stated the Authority has basically the same claims that the City does against the third party defendants. It is in the best interest of the City that the Authority pursue the claims. In certain legal respects, the Authority's claims may be even stronger than the City's claims. The Authority was the issuer of the bonds, so there is a clear and direct relationship between the Authority and the different third party defendants. The relationship to the City is less direct. The problem is that the Authority has very little money. It was concluded that atthis time, there would be potential_conflicts of interest if the City's attorneys represented the Authority in this case, so the Authority needs—their own attorney. The City will need to help finance the Authority's attorney, but those fees will be much less than the City's. Kelley, seconded by Lancaster, made a motion to ratify the existing tolling agreement executed by Jim McCord and any others that may be executed by: any of the other third parties (A. G. Edwards, Rose Law Firm, Wright, Lindsey & Jennings, and Kutak, Rock & Campbell). Vorsanger asked if the tolling agreements mentioned—what would 412.5 happen if Mr. Robson drops his lawsuit. Pflaum stated that this is not specifically addressed. Vorsanger stated that the City has no choice but to ratify these agreements in order to protect the right to file suit against the third parties. These could always be withdrawn if not needed. 412.2 412.3 412.4 Robert Brandon, one of the defendants in the FOI case, addressed 412.6 the Board asking about who should be held as third parties in the suit. He stated that he has been unable to obtain the papers from the attorneys that would let him determine who all are potential third party defendants. He wanted to know if there was any assurance from the attorneys that there are not any potential third party defendants deliberately or inadvertently being omitted from the tolling agreements. • Mayor Martin stated that the City did not have anything in its 412.7 files that has not been turned over for public review:'• 413.1 Pflaum stated there were no people involved in the transaction that are not known at this time. There should be no concern then that all third parties have been included in the tolling agreements. Also, the claims being discussed would recover the entire damages involved, and you cannot recover more than once. 413.2 Mayor Martin stated one of the duties of the attorneys is to be sure all potential third parties have been included in the tolling agreements, and the attorneys are being held responsible for letting the City know whom they should be seeking tolling agreements from. Upon roll call, the motion to approve the tolling agreements passed by a vote of 7-0. RESOLUTION 135-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 413.3 Mayor Martin stated that Mr. Pflaum had also asked the Board for authority to file suit against the any of the remaining third parties who do not execute tolling agreements before Thursday. 413.4 Vorsanger, seconded by Lancaster, made a motion to authorize the attorneys for the City to file suit against those who do not execute tolling agreements. Upon roll call, the motion passed unanimously.. RESOLUTION 136-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK Ole 413.5 Mr. Niblock stated that Judge Adams has set all motions for hearing on January 18, 1990. The hearings will be in Bentonville. PHYLLIS RICE 413.6 Mayor Martin stated that the City enjoys excellent and thorough coverage if its affairs. He stated that Phyllis Rice will be changing her duties with the paper and he thanked her for the job she has done in the past covering the City affairs. He wished her well in her new assignment. ADJOURNMENT The meeting adjourned at 9:02 p.m.