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HomeMy WebLinkAbout1996-12-03 Minutes447 A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, December 3, 1996, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Heather Daniel, Stephen Miller, Kit Williams, Cyrus Young, Woody Bassett, Trent Trumbo, and Jimmy Hill; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff, press; and audience. ABSENT: Alderman Len Schaper CALL TO ORDER Mayor Hanna called the meeting to order with seven aldermen present. OLD BUSINESS FIRE MARSHAL Mayor Hanna introduced an ordinance declaring the position of Fire Marshal in the City and prescribing certain duties, responsibilities, and authorities of same including the authority to carry a weapon. City Attorney Rose read the ordinance for the third time. Alderman Daniel commented on statistics she'd received from the Fire Marshal and Fire Chief regarding fires investigated by the Fire Marshal. Quite a few of them involved juveniles, so she is not convinced the Fire Marshal needs to carry a weapon. Cooperation with the Police Department would be another way to deal with this. Alderman Williams also commented on the statistics. He stated the ordinance also needs to be looked at on a cost-effectiveness basis. He referred to the training that would be needed. Dennis Ledbetter, Fire Marshal, stated there would be about three more weeks of additional training that he would like to go through. Some classes would be through the Fayetteville Police Department. The law says this class or equivalent. When this first started, the Law Enforcement Standards accepted equivalent. Now they are saying they have a problem with that. He is willing to retake a class, if there is a problem. The Fire Academy has agreed to give that in Fayetteville. The other classes will be week-long classes, a fire arm familiarization and a gun retention and spray class. These will be on their schedule. We will complete all that then go for certification sometime after the first of the year and maybe close to spring. There are about four more weeks of classes. Some classes on the fire side have been completed, but he will redo any classes to be sure they are done right. 1 448 December 3, 1996 Alderman Williams stated the facts and number -of instances where '. the Fire Marshal felt he needed to be armed in the past justify only the Fire Marshal being armed, as opposed to what the ordinance states, both the Fire Marshal and Assistant Fire Marshal designated to be' armed. The Fire Department cam come back later"on and say they have to have two peoplego through:.this extra training. .He would rather see the Fire'Marshal be the"•only one,at this point undergo -the additioinal expense and training and responsibility. He would propose an amendment which would restrict this to the Fire Marshal and not have the Assistant Fire Marshal' automatically armed. Alderman Miller added that the Fire Marshal is a law enforcement officer within the Fire Department:. There are millions -of legal guns out there now and we are not.going to stem the—tide by not giving one of the good guys a weapon to defeind himself., We do not ask the bike police how many times they used their weapons last month andif they didn't use them say maybe they don't need them. He supported the idea of just arming the Fire Marshal at this time. Alderman Young stated the enabling legislation gives the Fire Department the authority to enforce fire related laws. - City Attorney Rose confirmed the statute authorizes the Fire .Marshal to make arrests for violation of laws relating to arson and other unlawful burnings. Mayor Hanna asked for comments from the audience. There were none. Alderman:Williams moved to amend Section 1 of this ordinance so that where it says "positions", on the second word it -would only be "position."" It would strike "and Assistant Fire Marshal ere": and replace that with "is." In Section 2 it would, right after the statute number, strike out "any" and put "the" and strike out the r.,"s"after "person." Finally, in .Section 3 you would strike out the "s"' after "position" and -also. strike 'out "and -Assistant Fire Marshal" and in the very last part of the sentence there'it would strike out the "s" after "person" and the "s" after "position." He moved- to amend the ordinance as stated. Alderman Miller seconded. Upon roll call, the amendment passed -on a'vote'of 7 to O. Mayor Hanna called for the vote. Upon rolI call, the ordinance passed on a vote of .6 to 1, with Alderman Daniel voting no. ORDINANCE 4007 IS FOUND ON PAGE OF ORDINANCE BOOK 2 December 3, 1996 TREE ORDINANCE AMENDMENT 449 Mayor Hanna introduced an ordinance amending Chapter 162: Tree Protection and Preservation, to prohibit land disturbance operations before the approval of a tree preservation plan for certain properties. Mayor Hanna stated an alternate ordinance has been presented by the Tree and Landscape Advisory Committee. The Council needs to either vote on the ordinance that has been discussed and if it is voted down then vote on the new ordinance or table the ordinance that has been discussed and put the new one on there. Alderman Miller proposed tabling this until Alderman Schaper is present. He made that a motion. Alderman Williams seconded. Upon roll call the motion passed on a vote of 7 to 0. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion or contracts and leases which can be approved by resolution and which may be grouped together and approved simultaneously under a consent agenda: A. Minutes of the November 19 regular City Council meeting. B. A resolution approving a construction contract with Edwards Design & Construction, Inc., in the amount of $171,403 plus a total project contingency of $17,000 for Fox Hunter Rd. 18" sewer force main replacement. RESOLUTION 122-96 AS RECORDED IN THE CITY CLERK'S OFFICE. Alderman Bassett moved to pass the consent agenda. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 7 to 0. NEW BUSINESS ENGINEERING CONTRACT Mayor Hanna introduced a resolution awarding an engineering contract to RJN Group, Inc., in the amount of $435,233 plus a 10°s contingency of $43,523 for sanitary sewer rehabilitation engineering design for White River Watershed Minisystems 7A, 14 and 15. Kevin Crosson, Public Works Director, stated this is the next phase of the sewer rehabilitation program. Generally speaking, this is in the southern portion of town and includes design and construction specs for three construction contracts: manhole rehabilitation, traditional sewer line, and rehabilitation of trenchless sewer line. Mayor Hanna asked for comments from the audience. There were none. 3 December 3, Alderman Williams moved to accept resolution. Alderman Bassett seco resolution passed on a vote of 7 to RESOLUTION 123-96 AS RECORDED IN THE 1996 this contract and _pass the nded. Upon roll 'Call, the. 0. CITY CLERK'S OFFICE. EOUIPMENT PURCHASES Mayor Hanna introduced a resolution approving a budget adjustment and accepting bids from the lowest qualified bidders for equipment for the wastewater treatment plant. Alderman Miller stated he works for Operations Management International. To avoid any conflict of interest, he would abstain from any discussion and voting. Kevin Crosson, Public Works Director, explained the purchases. They are two installations at the wastewater treatment plant: replacement of one of the two existing bar screens and installation of primary sludge pumps and degritting equipment. Alderman Daniel stated the City did not accept the lowest bid because it was for a plastic screen that would not have lasted. Alderman Trumbo moved to approve this resolution. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 6-0-1, with Alderman Miller abstaining. RESOLUTION 124-96 AS RECORDED IN THE CITY CLERK'S OFFICE: BLUE CROSS BLUE SHIELD RENEWAL Mayor Hanna introduced a resolution exercising the option to renew Blue Cross Blue Shield Group Plan for policy year January 1, 1997, through December 31, 1997, and approving an additional premium cost. Ben Mayes, Administrative Services Director, stated this is a renewal of our existing health and dental insurance. There are no changes in the coverage. There was a premium increase which has been budgeted for 1997. The City is picking up this increase. Don Bailey, Personnel Director, confirmed the employees do not have to pay for the premium increase. Alderman Miller moved the resolution. Alderman Young seconded. Upon roll call, the resolution passed on a vote of 7 to 0. RESOLUTION 125-96 AS RECORDED IN THE CITY CLERK'S OFFICE. Item six was removed from the agenda. 4 i 11 451 December 3, 1996 CERTIFICATE OF PUBLIC CONVENIENCE Mayor Hanna introduced a public hearing and consideration of a request for a Certificate of Public Convenience and Necessity for the operation of Smiley's Friendly Cab in Fayetteville as submitted by David Cheney. David Cheney stated he is the owner and operator of Smiley's Friendly Cab in Springdale. He has been in business there since August and has been getting a lot of calls in this area, Fayetteville. He has been referring them to C & H Taxi Service but would like to operate here. He stated he gets an average of five to ten calls from Fayetteville from people wanting to go from a location in Fayetteville to another location in Fayetteville. Coupons for the elderly have been running about $105 a month in Springdale. Alderman Young asked if a question which was raised at the agenda session regarding insurance had been worked out. City Attorney Rose replied it had not. He asked Mr. Cheney if he understood that under our ordinances Cheney is required to give proof of his liability insurance, in the amounts set forth, to the finance director, Ben Mayes, before whatever action the Council takes takes effect. Mr. Cheney responded he has talked to his insurance agent about a copy proving he has double the requirement. It won't be a problem. Alderman Daniel asked if Cheney was aware of the objection by another cab company. Mr. Cheney replied he is aware of this. Competition and free enterprise are good. He wants to give the public good service. He has had over 21 years of experience in taxi driving. He owned and operated a taxi service in Burlington, Iowa, which went well. Mayor Hanna asked for comments from the audience. Brad McIntyre operates Twin City Taxi. He referred to a letter he'd written to the Council expressing his concerns. He mentioned the other public transit companies that operate here and stated he averages approximately 50-60 calls out of Fayetteville in 24 hours. C & H averages between 150-180. There are slack periods. He has nine units and operates three or four of them first shift. He has had no problems with the City. One of his main concerns is the elderly, that they are treated fairly. He sees no reason for additional cabs in Fayetteville. In the long run, too many companies hurt everybody, the companies and the public. Units could not be maintained well enough to safely transport people. He has more units ready to go if the City needs them. Alderman Williams asked what needs to be considered in granting a license in this case. 5 452 December 3, 1996 City Attorney Rose responded that the Council is to•find that further cab service is required by the public convenience and necessity; that the particular applicant is fit, willing, and able to perform such public transportation and to conform to'the provisions of the ordinance. In making those findings, the Council, as the Public Transit Board, has to take into consideration the number of cabs already in operation; whether existing transportation is adequate to meet the need; the probable effect of increased service on traffic; and the 'character, experience, and responsibility of the applicant. Doris Johnson, owner of C & H Taxi, agreed with Mr. McIntyre. She is putting on another car in December and is in the process of getting the money for another car for part time during peak hours. Most of the day, three cars are sufficient. Peak hours need four or five cars, and she is trying to work to that point. Another cab service could affect her. Right now she is breaking even. They run 24 hours. Peak hours vary but are usually from about 2:00 p.m. to 6:30 or 7:00 p.m., and sometimes they get an hour behind. It is - hard to find drivers. Frank McIntyre, previous owner of Twin City who manages it now, stated we have an overabundance of public transportation in this town. There has been no proof shown that another cab 'service is needed. `Alderman Daniel asked if Smiley's would have to come back to the City if they wanted to add more vehicles. City Attorney Rose replied he would be granted a Certificate of Public Convenience for a particular number of vehicles and would at least have to notify the Council that he is increasing his number of unit`s. In response to a question from Alderman Miller, Rose responded that he has not received proof of insurance as this is not required until after the certificate has been granted. It does not take effect until after it has been shown to Ben Mayes. Alderman Daniel moved to accept this Certificate Convenience and Necessity. Alderman Hill seconded. call, the motion passed on a vote o 7. to 0. 1997 BUDGET 'of Public 'Upon roll Mayor Hanna introduced a resolution adopting the 1997.City of Fayetteville Annual Budget and Work Program. Mayor Hanna mentioned there had been a public meeting about this earlier in the day. He asked for comments from the audience. There were none. 6 • 453 December 3, 1996 Alderman Williams noted that this has been carefully looked at. There have been three public hearings. It is a good document. The Council appropriates the major items individually. Alderman Miller suggested hiring more fire fighters as the City may soon be opening another station. He also noted the Yvonne Richardson Center could use additional equipment. Alderman Daniel asked about funds for the Juvenile Concerns Committee. Mayor Hanna responded that he'd been told they would need up to $2,000. There are discretionary funds for this, and he has assured them of funding up to that figure. Alderman Williams moved to adopt this budget. Alderman Daniel seconded. Upon roll call, the resolution passed on a vote of 7 to 0. RESOLUTION 126-96 AS RECORDED IN THE CITY CLERK'S OFFICE. Announcements Alderman Williams announced that the Botanical Gardens Committee would meet Thursday. Alderman Miller announced the meeting this month. Mayor Hanna announced staff is working on that a Vice Mayor needs to be selected. re would be no Environmental Concerns ADJOURNMENT The meeting adjourned at 7:50 p.m. 7 committee assignments and