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HomeMy WebLinkAbout1976-03-02 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS March 2, 1976 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on March 2, 1976 at 7:30 p.m. in the Director's Room of the City Administration Building. PRESENT: City Manager Donald Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier [t ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news CO media 1 CALL TO ORDER AND APPROVAL OF MINUTES Mayor Marion Orton called the meeting to order, and, following a brief moment of respectful silence,asked if there be any amendments to the minutes of the February 17, 1976 meeting. Director Noland requested paragraph 117.2 be amended to cause it to read: "...Sunray had proposed a $72,000 annual contract which would be firm for six months and which would include the option of monthly renewal up to six months." Director Todd requested that paragraph 113.6 be amended to read: "...Director Todd felt that a "hard line" should not be taken..." These amendments meeting with Board approval, the Mayor declared the minutes approved as amended. SIGN APPEAL - D -Sign, Inc. / 1772 North College Avenue The petitioner had requested a variance in the number of wall signs allowable under provisions of the sign ordinance to allow five signs to be placed on one wall. Mr. Don Offenbacker, representing the petitioner, asked the Board to take into consideration the small size of the signs proposed and that they would cover a maximum of 15 square feet. After slight discussion and there being no opposition to the request, Director Hughes, seconded by Director Collier, moved that the variance be granted. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed and the variance granted. RESOLUTION AUTHORIZING PENSION PLAN STUDY CONTRACT - King, Hall Associates In discussion of a proposed resolution authorizing the pension plan study, Director Collier believed that the study could be conducted by the current carrier of the City's pension plan without cost to the City. 121 12! 121.2 121.3 121.4 121.5 121.6 121.7 122.1 The City Manager stated that a representative of the carrier had offered to conduct the study; however, Grimes stated that he was not satisfied with the present plan and would like to have an independent study conducted. He hoped the study would provide information which would be beneficial in perhaps improving the present plan or which would be helpful in securing a new andbetter plan. 122.2 Director Todd felt that, in view of concern nationwide about pension plans, the study might avoid future problems that might arise. The Board briefly discussed the benefits of the present plan, and upon completion of discussion, the City Attorney read the resolution authorizing a contract with King, Hall Associates for the performance of a pension plan study. 122.3 Director Purdy, seconded by Director Todd, moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The resolution was declared passed. RESOLUTION NO. 10-76 APPEARS ON PAGE 40 OF ORDINANCE & RESOLUTION BOOK V SIGN ORDINANCE DECISION APPEAL - Holiday Inn, et al. vs. City of Fayetteville 122.4 The City Attorney called the Board's attention to his memorandum in- cluded with the agenda concerning the recent decision of the Circuit Court which held that provisions of the sign ordinance for immediate re- moval of fluctuating signs and provisions for amortization of non -conforming signs were unconstitutional as applied to the plaintiffs. McCord commented to the Board that the case presented fundamental constitutional issues that have not yet been addressed by the Arkansas Supreme Court; and, if appealed, the outcome of the case would make new law in Arkansas. In his opinion, the Circuit Court ruling raised question as to whether any non -conforming sign could be removed or altered without the City making payment of just compensation to the sign's owner. 122.5 Director Hughes, seconded by Director Todd, moved that the appeal be initiated. Director Purdy, strong supporter of the sign ordinance, stated that despite his disagreement with one or two provisions of the ordinance, he felt there was a serious judicial decision that needed to be made and felt the case should be appealed to the Supreme Court. Director Collier stated that he was "very glad" to hear the decision made by the Circuit Court and did not believe the City should expend an estimated $1,500 in appealing the decision. 122.6 The recorded roll call vote on the motion to appeal was - "Ayes": Purdy, Lancaster, Todd, Noland, Hughes, Orton "Nays": Collier The motion was declared passed. PURCHASING ITEMS AND AWARD OF BIDS 122.7 Bid 309 - Trees: Purchasing Officer the bid be made to Greenleaf Gardens $6,713. Purchase of the trees would grant and Community Development. 122.8 Director Hughes questioned the City Manager explained that some of and not an alternate bid. Sturman Mackey recommended award of of Republic Missouri in the amount of be funded through a Bicentennial variances in the amounts bid. The the bidders had bid only the base bid 122 1 N S • Following slight discussion regarding care and planting of the trees, the following vote was recorded: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed and the bid awarded as recommended. Bid 310 - Police Vehicles: Purchasing Officer Sturman Mackey recom- mended award of the bid for three intermediate size vehicles at a per unit cost of $4,256 35 and nine full size vehicles in the amount of $4,689.50 each be made td Hatfield Pontiac of Fayetteville for a grant total of $54,974.55. Mr. Mackey stated that the 12 vehicles would be purchased over an eight-month period. He stated that $50,000 for the purchases had been budgeted in the 1976 Revenue Sharing Budget but that an additional $4,975 would be requested to be transferred from 1976 Revenue Sharing account number 7601 to provide additional funding. The City Manager stated that some of the units presently in service needed to be replaced immediately and believed that at least one inter- mediate vehicle be purchased. He emphasized high maintenance costs incurred once the vehicles in service have accumulated 80-90 thousand miles. In regard to criticism of the City's purchasing full-size vehicles, Mr. Grimes commented that the gas mileage of the large and mid-size cars did not differ a great deal but that the City had an obliga- tion to purchase the mid-size vehicles if they provided better gas mileage. In noting that bids for other purchases were received from out-of-town or out-of-state vendors, Director Hughes questioned why vehicle bids were not received from other than local vendors. Mr. Mackey indicated that it had been a tradition to invite bids for cars from local dealers and that notices of the bid invitation were published.Cars purchased locally, he said, could be serviced more readily. In view of the City's financial situation, Director Todd did not feel the City could obligate itself to purchase more than four cars which were needed as immediate replacements. He commented that within six or nine months the City might not have funds for the additional purchases or the personnel to utilize the vehicles. He made a motion to purchase only four vehicles from the low bidder. Mr. Mackey stated that the City did not have the option to purchase less than twelve vehicles during an eight month period. Todd withdrew his motion commenting, "Then I oppose the bid." Director Collier questioned the -liklihood of convincing the public that the City needed additional revenues if the City purchased $50,000 worth of cars. He said it is hard to make the people understand where the funds originate for such purposes. The Board discussed at length with members of the city staff, the maintenance costs and preventive maintenance program for police vehicles. City Controller Pat Tobin felt that the Police Department was being made a "scapegoat" because of lack of sufficient city funds and that, regardless of how many personnel might be cut from the department, vehicles would still be needed for those still employed. Even though the vehicles in service were kept and personnel dropped, Mr. Tobin assured the Board that maintenance costs for the high mileage vehicles would show a drastic rate of increase. 123 123 123.1 123.2 123.4 123.5 123.6 123.7 123.8 123.9 124.1 Director Noland, realizing the City would still need police protec- tion despite financial problems, moved the bid be awarded as recommended. He said it would be highly probable that the new cars would not be re- placed next year and their use projected for longer periods. Director Hughes seconded the motion. Upon roll call the following vote was recorded: "Ayes": Purdy, Collier, Lancaster, Noland, Hughes, Orton "Nays": Todd The motion was declared passed. 124.2 The City Attorney then read a resolution appropriating $4,975 from 1976 Revenue Sharing Budget account number 7601 to 1976 Revenue Sharing Budget account number 7602 to provide additional funds for purchase of the police vehicles. Director Purdy, seconded by Director Collier, moved adoption of the resolution. The recorded roll call vote was: "Ayes": Purdy, Collier, Lancaster, Noland, Hughes, Orton "Nays": Todd The Mayor declared the resolution passed. RESOLUTION NO. 11-76 APPEARS ON PAGE 41 OF ORDINANCE & RESOLUTION BOOK V POLICE PERSONNEL AUTHORIZED 124.3 The City Manager stated that the City's policy to freeze hiring of personnel to fill regular vacancies was creating problems in view of recent police department vacancies. He explained that four patrolman slots are currently filled by CETA personnel and that three vacancies exist with another three vacancies to occur within the next month which are funded by the General Fund. If efforts to obtain additional CETA slots for the police department fail, he requested authorization to transfer two CETA personnel to fill regular vacancies. Mr. Grimes stated that the police department was running short and having to over- load the regular staff. 124.4 Director Purdy stated that citizens have commented to him that they could not see reductions in City personnel that the people were warned about during the sales tax campaign. Mr. Purdy said the people did not realize that many of the jobs were funded through government programs. Director Collier believed that CETA personnel should be advised that their employment was dependent upon renewal of the CETA program. 124.5 Director Todd, seconded by Director Lancaster, moved that the City Manager be authorized to fill three vacancies funded by the General Fund by transferring three CETA personnel. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed. 124.6 Bid 311 - Hydraulic Mower / Buildings and Grounds: The Purchasing Officer recommended award of the bid to low bidder Scott Equipment Company of Springdale in the amount of $2,054 85 which is appropriated in the 1976 Revenue Sharing Budget. 124.7 Director Hughes and Collier expressed objections to the recommenda- tion. Director Collier cited the small difference in bid amounts between the Springdale and Fayetteville vendors and felt the slightly higher bid of the Fayetteville vendor would have been justifiable in that the equip- ment could be serviced locally. Director Hughes felt that 124 reasons for purchasing police vehicles locally should apply to this purchase also. A motion by Director Hughes to award the bid to Williams Ford Tractor of Fayetteville died for lack of second. Mr. Mackey explained that if each bid met specifications of the city he felt he had no alternative but to recommend the bid be awarded to the lowest bidder meeting specifications. Director Lancaster commented that the purchasing officer only recommends bid awards but that the Board can reject any bid it so desires. Mr. Mackey stated that he does not refuse anyone the opportunity to bid and that bid invitations were published as well as mailed. Mr. Grimes suggested possible adverse effects upon the bidding process if the City were to pass low bidders in favor of local vendors. tr Upon completion of discussion, Director Lancaster, seconded by ;4 Director Todd, moved the bid be awarded as recommended. The recorded roll Tr call vote of theBoard was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Orton "Nays": Hughes The motion was declared passed. Bid 312 - Collette Avenue Sanitary Sewer Extensions: The bid was recommended to be awarded to Capwell Construction Company of Springdale in the amount of $26,005.10 for Collette Avenue sanitary sewer lines A, C, E, and F. Director Hughes, seconded by Director Todd, moved that the recommen- dation be accepted. The recorded roll call voteof the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed. The City Attorney then read a resolution authorizing the execution of a contract with Capwell Construction for the sewer line projects. Director Noland, seconded by Director Purdy, moved adoption of the reso- lution. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The resolution was declared passed. RESOLUTION NO. 12-76 APPEARS ON PAGE 42 OF ORDINANCE & RESOLUTION BOOK V Bid 313 - Atlas Maps / Water and Sewer Department: The bid was reco- mmended to be awarded to Southwest Printing Company of Fayetteville for 200 atlas maps at a bid price of $6,448 and for the microfilming of the maps at a bid price of $151.90. Funds for the purchases would be acquired from the Water and Sewer Engineering capital account, Mackey said, and some of the costs involved in compiling the atlases would be recovered through sale to private individuals and businesses at a cost of $50 each. Director Hughes, seconded by D'rector Purdy, moved that the bid be awarded as recommended. The recorded roll call voteof the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed and the bid awarded as recommended. 125 125.1 125.2 125.3 125.4 125.5 125.6 125.7 )� i 7 C 126.1 Housing Rehabilitation Bids: Bids for six of eight houses scheduled for rehabilitation were recommended to be awarded to the low bidder for each project except for items number 5 and 7 for which bids equal to or lower than the maximum amount allowable were not received. Director Noland, seconded by Director Hughes, moved the bid be awarded as recom- mended. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Noland, Hughes, Orton "Nays": None Abstain: Todd The motion was declared passed. 126.2 Director Todd requested that adequate information concerning bid items be provided the Board members prior to the meeting to allow directors sufficient time in which to study the bids. The City Manager requested that the Purchasing Officer receive bids prior to Wednesdays preceding Board meetings so that all information could be included with the agenda. 126.3 Director Purdy commented that the business conducted by the Board at this meeting indicated that the City is heading towards a financial crisis which, he felt, would be more evident at the time the 1976 General Budget is reconsidered in June. 126.4 In discussion of the Citizen's Advisory Task Force recommendations, the City Manager stated that information was being compiled for each director. He said there might be a possiblity of placing a proposal be fore the voters during the May primary elections. 126.5 Director Hughes commended the Fayetteville Police Department and the Emergency Medical Service for the cooperation which exists between the two agencies. Hughes stated that he had recently witnessed the cooperation in action and felt it to be commendable. ORDINANCE ACCEPTING DEDICATION - John D. and Nancy A. Andre 126.6 The City Attorney read an ordinance to accept dedication of an easement by John D. and Nancy A. Andre. Director Hughes, seconded by Director Purdy, moved the rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed and the ordinance was read the second time. 126.7 Director Hughes, seconded by Director Noland, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed and the ordinance was read the third and final time. 126.8 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2206 APPEARS ON PAGE 82 OF ORDINANCE & RESOLUTION BOOK V 126 utq Tt CIVIL SERVICE COMMISSION APPOINTMENT - Wilson Kimbrough Director Todd reported that the Nominating Committee had recommen- ded that Wilson Kimbrough be appointed to serve a six-year term on the Civil Service Commission beginning April 1, 1976. Director Todd, seconded by Director Hughes, moved the recommendation be accepted. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton "Nays": None The motion was declared passed. OTHER BUSINESS The City Manager informed the Directors that a copy of an environmental study draft of the Highway 71 Bypass relocation to McKissick Creek was on file in the City Clerk's office for use by the City Board and staff. Director Todd felt the public should be advised to complete the Revenue Sharing portion of tax returns correctly to allow Revenue Sharing funds to be properly allocated to Fayetteville. Director Hughes cited minutes of the last Planning Commission meeting and the fact that the Planning Commission Chairman had requested the planning consultant to be present at all subdivision committee meetings. Director Hughes opposed the action stating that the budget of the Planning Administration office should be cut "if there'is that,much fat in it."' 127 127.1 127.2 127.3 127.4 Mr. Bill Giese was present in the audience and suggested that an 127.5 efficiency study be made of each City department. ADJOURNMENT There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: oeitzkidi`uvw Darlene Westbrook, City Clerk APPROVED: 7 arion R. Orton, Mayor 127 127.6