HomeMy WebLinkAbout1981-04-21 Minutes162
4-21-81
MINUTES OF A BOARD OF DIRECTORS MEETING
A meeting of the Fayetteville City Board of Directors was held on Tuesday,
April 21, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration
Building, Fayetteville, AR 72701.
PRESENT: Noland, Osborne, Sharp, Todd, Bumpass, Henry, and Lancaster;
City Manager Grimes, City Attorney McCord, Assistant City Manager McWethy,
City Clerk Koettel, members of the news media, and other members of the
audience.
ABSENT: None
Following a moment of respectful silence, the Mayor called the meeting
to order.
PROFESSIONAL SERVICES
162.1 Mayor Todd introduced further consideration of a proposed policy regarding
the provision of professional services.
162.2 Three different versions were considered. The three versions were
summarized by the Finance Director as follows:
162.3 Version A - Uses cost of the service for all proposals, ranks firms
and then requests of the top three a total price (cost plus profit)
and negotiates a contract starting with the top ranked firm.
162.4 Version B - Requires price with the beginning proposal, ranks firms
using a point system and then negotiates a contract starting with
the top ranked top firm.
162.5
Version C - Original recommendation with changes endorsed by the
majority of engineers and architects. Does not use price as a
factor until the top firm is chosen on the basis of qualifications
and then negotiates a contract.
162.6 Mayor Todd called for comments or questions from the audience concerning
these three proposals.
162.7 Mrs. Anne Hauser told the Board that she felt version C would be the
most practical, since qualifications would be the most important factor instead
of price.
162.8 Mr. Carl Yates of McGoodwin, Williams, & Yates addressed the Board.
He stated that he felt proposal C best suits the needs of the City. However,
he stated that he felt there were a few items contained in the proposal that
should have further consideration.
162.9 First, he suggested changing the amount of a minor contract in the
first paragraph to an amount higher than $3,000. He suggested that $10,000
might be more appropriate, since $3,000 would not purchase very many
professional hours.
162.10 Second, he stated that the City might want to make the policy flexible
enough that if it so desired, professional service contracts could be awarded
without going through the formal solicitation process. For an example, he
stated that the City often enters into contracts for studies, and once the
study is done additional work is needed. In many cases the City may desire
to continue to work with the professional firm that did the original study
on the project.
162.11 Director Noland stated that he thought perhaps a price disclosure should
be deferred until the final selection of the qualified firms had been made,
and at that point go ahead with price negotiations.
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Director Osborne stated that he did not understand how a selection 163.1
could be made for a mayor project until some idea of the price was
III obtained. He stated that some range of price should at least be
considered.
Director Lancaster stated that if qualified people were bidding on the 163.2
job there should not be a large range of difference in price.
Director Osborne stated that he would not feel good about narrowing 163.3
the selection to three firms without consideration of the amount of money
involved.
Director Bumpass stated that it would seem to him that once a firm 163.4
was chosen on qualifications, then a price could be negotiated.
Director Bumpass, seconded by Henry, moved that Proposal C be accepted. 163.5
Mayor Todd called for any further discussion. 163.6
0 Director Sharp stated that he felt the choice of a professional firm 163.7
CD has to be based on qualifications and experience, but that price should
also be a consideration in order to protect the taxpayer.
6) Director Lancaster stated that he would agree that three firms be chosen 163.8
7 on qualifications, and if the first firm's price was out of line, continue on
Q to firm number two, etc.
a After further discussion, Director Osborne, seconded by Sharp, moved 163.9
to amend Director Bumpass' motion to state that proposal B be accepted, with
the provision that price not be considered until the top three firms have
been selected on the basis of qualifications. Price will then be submitted
and considered after selection is narrowed to the top three.
Upon roll call the motion to amend passed by a vote of 4-3, with 163.10
Directors Lancaster, Henry, and Bumpass voting in the minority.
Mr. Yates addressed the Board and stated that he believed it would be 163.11
III hard for the City to award the contracts on the basis of anything other than
price once price quotations were received. He stated that it would be
difficult to explain to the public that an additional $5,000 was spent in
professional service fees in order to save a total of $100,000.
Mr. Yates continued by stating that once the selection had been 163.12
narrowed to three, the Board would end up making a final decision based
only on dollars and cents.
Director Sharp explained to Mr. Yates that price would not be the 163.13
only consideration, even after the selection had been narrowed to three.
He gave an example by using firms A, 8, and C. Firm A had received 75 points
of a 100 point scale, firm B had received 25 points because it had no
qualifications, but had the lowest price (price scale totals 25 points),
and firm C had received 20 points because its price was higher than firm
B's. Therefore, firm A would be awarded the contract because the total points
would be distributed as follows:
Qualifications Price Total
75 points possible + 25 points = 100 points
Firm A 75 0 75
Firm B 0 25 25
Firm C 0 20 20
Director Osborne stated that only 25% of 100 points would be based on
price, and that the other 75% would be based on competence, quality of work,
and qualifications, and that price could not be the overriding factor.
After further discussion, Director Lancaster, seconded by Henry, moved
to amend the policy by changing the amount of minor contracts (paragraph one
of proposed policy) to $5,000 instead of $3,000.
Upon roll call the motion passed unanimously.
163.14
163.15
163.16
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164.1 Director Osborne, seconded by Bumpass, moved that the policy be amended
by adding a section stating that the City Board may waive submission of
proposals under professional contract policy by a majority vote.Motion passed 7-0.
164.2 Mayor Todd then asked if the amended motion to accept the professional policy
contract should, pass. Motionassed q Directors Bumpass, Henry, and Lancaster
voting in the minority. RESOLUTION 40-U i)0,_0?/ a a L7 Y� ±c- X `
ASSESSOR APPOINTMENT
164.3 Ms. Connie Clark of Davis, Basset, Cox & Wright addressed the Board.
She stated that she represented the commissioners of the Sycamore Street
Improvement District, #77-1. She told the Board she had checked with each
of the property owners in the District and none had any objections to Howard
Scott serving on the Board of Assessors for the District.
164.4 Director Osborne, seconded by Bumpass, moved the appointment of Howard
Scott to the Board of Assessors for the Sycamore Street Improvement
District #77-1. Upon roll call the motion passed unanimously.
RESOLUTION NO. 43-81 APPEARS ON PAGER $q OF ORDINANCE & RESOLUTION BOOK Al
FIRE CONTRACT FORM
164.5 Mayor Todd stated that the proposed contract for outside -the -city fire
protection service by the Fayetteville Fire Department had been reviewed and
was recommended by the Police & Fire Committee.
164.6 Mr. Dennis Wohlford of Johnson addressed the Board. He expressed a
concern about obtaining information so that Johnson would know what kind of
contract the City of Fayetteville was going to require from them in order
for Fayetteville to continue providing fire service to Johnson.
164.7 Mayor Todd stated that a separate contract between the two cities might
be used, instead of the contract form being proposed here. He stated that
the City of Johnson officials would need to meet with the Pnlice and Fire
Committee and discuss the details on working something out.
164.8 Director Bumpass moved that the City adopt the proposed contract,
Director Noland seconded the motion. Upon roll call the motion passed
unanimously.
TAXICAB RULES
164.9 Mayor Todd introduced a recommendation from the Public Transit
Committee regarding partial deregulation of taxicab service in the City.
164.10 Mayor Todd asked the Board if they wanted to establish a Public Transit
Board to administer the provisions of the ordinance.
164.11 Director Lancaster asked if the Public Transit Board would have the
authority to commit the Board to financial matters, and was informed that
it would not, but it would have the authority to commit the Board to
issuing taxicab licenses.
164.12 After some discussion, it was decided to read the ordinance using
the Public Transit Board, and if someone did not agree they could amend
the ordinance.
164.13 City Attorney McCord read the ordinance for the first time. Director
Osborne, seconded by Noland, moved that the rules be suspended and the
ordinance placed on second reading. Upon roll call the motion passed
unanimously. The City Attorney read the ordinance for the second time.
164.14 Director Osborne, seconded by Sharp, moved that the rules be further
suspended and the ordinance placed on third and final reading. Upon roll
call the motion passed unanimously, and the City Attorney read the ordinance
for the third time.
164.15 Director Osborne, seconded by Bumpass, moved that the City Board of
Directors serve as the Public Transit Board until such time as one can be
appointed. Upon roll call the motion passed by a vote of 4-3 with Directors
Sharp, Todd, and Henry voting in the minority.
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165.1
Director Henry, seconded by Todd, moved that the emergency clause be
added to the ordinance so that it would become effective immediately. Upon
roll call the motion passed unanimously.
Mayor Todd asked if the amended ordinance should pass. Upon roll call
the ordinance passed unanimously.
ORDINANCE NO. 2716 APPEARS ON PAGE /6 OF ORDINANCE & RESOLUTION BOOK x/
REIMBURSEMENT CLAIM
Mayor Todd introduced a request for reimbursement for expenses incurred
in connection with an incident last summer at the Wilson Park pool. Request
was made by Nancy Mahler.
City Attorney McCord stated that he had visited with Ms. Mahler, and
that if the Board sees fit to grant the request, the claimants are willing
to execute a total release of any claims for present or future damages as a
result of this incident. This would be resolved by the City Attorney's
office -
Director Osborne, seconded by Henry, moved that the Mahlers be paid the
amount requested in the letter dated April 31, 1981, and that the claim be
totally and finally settled in the matter that the City Attorney deems
appropriate.
Upon roll call the motion passed unanimously.
BUDGET ADJUSTMENT/MAHLER CLAIM
City Attorney McCord explained that he had been advised by the Finance
Director that a budget adjustment would be required for the above item.
Director Osborne, seconded by Henry, moved that the budget adjustment
be approved. Upon roll call the motion;ypassed unanimously.
RESOLUTION NO. 44-81 APPEARS ON PAGE a °IO OF ORDINANCE & RESOLUTION BOOK )(1
FBO RECOMMENDATION
Mayor Todd introduced a proposal by the Airport Manager regarding
bid specifications for a Fixed Base Operator at Drake Field.
Mayor Todd stated that he would like a definition on "major" as used
on page 5 of the proposal. The staff was instructed to refine this before
soliciting bid proposals.
Director Bumpass, seconded by Sharp, moved to adopt the recommendation
with the last paragraph of page 5 being entitled, "New Fuel. Farm".
Director Osborne, seconded by Henry, moved that the word "existing"
be added to the last sentence of the second paragraph on page 5 to read,
.only for major maintenance of the existing equipment in the mechanical
room." Upon roll call the motion passed unanimous y.
' Airport Manager Ede Hogue stated that in paragraph two of page 5, the
last sentence should refer to only the old terminal building.
Therefore, Director Osborne, seconded by Bumpass, moved that the sentence
read, ". . .only for major maintenance of the existing equipment in the
mechanical room of the old terminal building."
Upon roll call the motion passed unanimously.
There being no further discussion, the motion to approve the proposal
with above changes passed unanimously.
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166.1 STREET/ALLEY CLOSING/6TH AND 7TH STREETS
City Attorney McCord read an ordinance abandoning and vacating the
street right-of-way for East Avenue, between 6th and 7th Streets; and
closing an alley running east from this portion of East Avenue to South
College.
166.2 Director Henry, seconded by Bumpass, moved that the rules be suspended
and the ordinance placed on second reading. Upon roll call the motion
passed unanimously, and the City Attorney read the ordinance for the second
time.
166.3 Director Noland, seconded by Osborne, moved that the rules be further
suspended and the ordinance placed on third and final reading. Upon roll
call the motion passed unanimously, and the City Attorney read the ordinance
for the third time.
166.4 Mayor Todd called for discussion from the Board or audience.
There being no discussion, the Mayor asked if the ordinance should pass.
The ordinance passed unanimously upon roll call.
ORDINANCE 2717 APPEARS ON PAGE /2 OF ORDINANCE & RESOLUTION BOOK )(J
STREET CLOSING/LELAND STREET
166.5 City Attorney McCord read an ordinance abandoning and vacating the
street right-of-way for Leland Avenue, between Ora Street and West Berry.
166.6 Director Henry, seconded by Todd, moved that the rules be suspended
and the ordinance placed on second reading. Upon roll call the motion
passed unanimously, and the City Attorney read the ordinance for the
second time.
166.7 Director Henry, seconded by Noland, moved that the rules be further
suspended and the ordinance placed on third and final reading. Upon roll
call the motion passed unanimously, and the City Attorney read the
ordinance for the third time.
166.8 Mayor Todd called for discussion from the Board or audience.
There being no discussion, the Mayor asked if the ordinance should pass.
The ordinance passed unanimously upon roll call.
ORDINANCE 2718 APPEARS ON PAGE 2J OF ORDINANCE & RESOLUTION BOOK )()
EASEMENT REDUCTION
166.9 City Attorney McCord read an ordinance abandoning the northern half of
a 20' utility easement running east from Edgehill Drive.
166.10 Director Noland, seconded by Henry, moved that the rules be suspended
and the ordinance placed on second reading. The motion passed unanimously
upon roll call, and the City Attorney read the ordinance for the second time.
166.11 Director Noland, seconded by Lancaster, moved that the rules be further
suspended and the ordinance placed m third and final reading. The motion
passed unanimously upon roll call, and the City Attorney read the ordinance
for the third time.
166.12 Mayor Todd asked if the ordinance should pass. The ordinance passed
unanimously upon roll call.
ORDINANCE 2719 APPEARS ON PAGE 23 OF ORDINANCE & RESOLUTION BOOK X1 .
LEASE AGREEMENT/EOA/SENIOR CENTER
166.13 Mayor Todd introduced a resolution authorizing the execution of a lease
agreement with the Economic Opportunity Agency of Washington County, Inc.
for the provision of activities and services at the Senior Center on North
Sang Avenue.
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After some discussion, Director Osborne, seconded by Bumpass, moved
that the resolution be adopted.
Mayor Todd asked if there was a provision for cancellation of the lease
if the terms provided in the lease were not kept.
Director Osborne, asked why the lease had to be for two years instead
of one.
Assistant City Manager McWethy stated that the lease could be for
a period of one year if the Board so desired.
City Attorney McCord stated that a termination provision could be added
stating that upon failure of the lessee to comply with any provisions thereof,
the lessor may give ten days notice and failure to comply within ten days
could result in termination.
Director Osborne, seconded by Bumpass, moved that the termination clause
be added to the lease. Upon roll call the motion passed unanimously.
Mayor Todd asked if the resolution should pass. Upon roll call the
resolution passed unanimously.
RESOLUTION NO. 41-81 APPEARS ON PAGE q7 $'SOF ORDINANCE & RESOLUTION BOOK J(f .
BID AWARD/RAILROAD CROSSINGS
Director of Community Development, Rick Mason, recommended that the
award of the bid for wood moss covering for locations on Hill Street go
to Koppers Company in the amount of $6,580.00, plus any applicable taxes.
Director Henry, seconded by Noland, moved that the bid be awarded as
recommended.
Upon roll call the motion passed unanimously.
BID AWARD/450
Purchasing Agent Sturman Mackey recommended the award of bid #450 to
McGinty Corporation, Heckathorn, Tom Beverly, and Johnson Center for
bleachers, dugouts, fountains and scoreboards at the Lake Fayetteville
Park softball fields #2 and #3. Total funds for ballfield No. 2 totaled
$37,121.56, with $33,103.95 from the 1978 G.O. Bond Construction Fund and
$4,017.61 to come from General Fund. The total cost for ballfield #3
is $35,982.39. $15,000's from the State Department of Local Service,
$15 000 from the Park Fund, and $5,982.39 from the General Fund.
After some discussion, Mayor Todd, seconded by Lancaster, moved that
the bids be awarded, but that the total amount of ballfield #2 ($37.121.56)
be taken from the G.O. Bond Construction Fund, and after the G.O. Bond Con-
struction Funds are exhausted, then take the contingencies out of General
Fund. Also, that the Mayor and City Clerk be authorized to issue a contract
with the State of Arkansas.
Upon roll call the motion passed unanimously.
WAIVER/FREEZE ON EMPLOYEES IN PUBLIC WORKS
City Manager Grimes stated that he was recommending that some additional
personnel be hired in the Public Works Department, because the department is
getting low on manpower.
Mayor Todd, seconded by Bumpass, moved that the freeze on hiring in the
Public Works Department be waived to the extent of hiring two part time
,classified employees and two fal7'time classified employees.
Upon roll call the motion passed unanimously.
AUDIT FEES REDUCED
Mayor Todd stated that memorandum received from the Finance Director
reflects well on the teamwork of the Finance Department, as well as that of
the auditors. There was a reduction of $22,070 on one year's audit fees.
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INSURANCE SERVICES OFFICE
168.1 City Manager Grimes reported that persons from the Insurance Services
Office were in town conducting a survey of the City's firefighting capabilities,
and the City has hopes of receiving a lower fire insurance rating.
TAXIWAY LIGHTING/SAFETY ZONE AREAS/AIRPORT
168.2 Director Lancaster, seconded by Bumpass, moved that a resolution be
adopted allowing the City to advertise for bids to have the work on the safety
zone areas and taxiway lighting completed, with the bid opening to be at
10:00 a.m. on May 13th.
168.3 Upon roll call the motion passed unanimously.
SUNRAY SANITATION
168.4 City Manager Grimes stated that Carl Carpenter, formerly Sunray
Sanitation, had requested that the present contract be signed back to
Sunray Sanitation.
168.5 Director Noland, seconded by Lancaster, moved that a resolution be
adopted changing this contract back to Sunray Sanitation.
168.6 Upon roll call the motion passed unanimously.
RESOLUTION NO. 42-81 APPEARS ON PAGE a $$OF ORDINANCE & RESOLUTION BOOK X 1
MAY 5 BOARD MEETING
168.7 Director Henry, seconded by Osborne, moved that the first meeting in
May be on May 5th at 6:30 at the Central Fire Station, and that item #1
on the agenda will be consideration of the sewage treatment plant.
168.8 Upon roll call the motion passed unanimously.
LEWIS BROTHERS PLANTER
168.9 Director Osborne stated that he had received a letter from Mr.
Don McEnany who is in charge of caring for the flowers around the square.
He requested that the rose bushes in front of the Lewis Brothers building
not be removed until November, as the summer months are tourists months
and the present appearance of the planter should be maintained during
these months.
168.10 Director Osborne, seconded by Noland, moved that the work to be done
on the planter be postponed until November 1, or as soon thereafter as
Mr. McEnany can get to it. However, if Mr. Lewis was not in agreement on
this he could address the Board at the next meeting.
168.11 Upon roll call the motion passed unanimously, with Director Bumpass
abstaining.
SALES TAX
168.12 Director Henry stated that she felt it was time the City met with the
County and discussed the possibility of a county sales tax. She stated she
preferred that the City go in with the County for a sales tax, and not try
and pass a sales tax on its own.
168.13 Director Sharp stated that he also felt a county wide tax would be
more equitable than a city tax.
ALCOHOL/MINORS
168.14 Director Henry stated that she had received complaints from parents
of teenagers concerning the fact that teenagers can obtain liquor almost
anyplace. Director Henry stated that she felt the law on this should be
more strictly enforced.
SAFEWAY REZONING
168.15 Director Henry, seconded by Todd, moved that the item of Safeway rezoning
be placed on the next agenda for reconsideration. Upon roll call the motion
passed unanimously.
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MINUTES
Mayor Todd stated that paragrpah 155.10 of the 4-7-81 meeting should be 169.1
corrected to state, "...this sidewalk be placed on the sidewalk list for
future consideration." Also, that paragraph 155.10be corrected to read,
"...in the meantime that a sidewalk would be required..."
Mayor Todd stated that paragraph 156.08 should read, "...their property 169.2
under the assurance that nothing more commercial than duplexes would be
built there."
ADJOURNMENT
There being no further discussion, the meeting adjourned at 10:05 p.m. 169.3