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HomeMy WebLinkAbout1984-09-04 Minutes1 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held at 7:30 P.M. on Tuesday, September 4, 1984 in the Board Room of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Johnson, Lancaster Martin, Orton and Sharp; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Kennedy, members of the press and audience CALL TO ORDER 191 191.1 191.2 Mayor Noland called the meeting to order and asked for a moment of 191.3 respectful silence. EMPLOYEES OF THE MONTH The Mayor presented certificates and checks for $150 to "Employees 191.4 of the Month" for August -- Kirk Bradley, Finance Department; Craig Mauritson, Building Maintenance; and Calvin Mosley, Street Department. The Mayor noted comments made by supervisors about the outstanding performance of these employees. CITY JAIL REPORT Mayor Noland introduced a report from the Criminal Detention Facilities Review Committee regarding its inspection of the Fayetteville City Jail. The Mayor explained this committee was created out of Arkansas enabling legislation and legally must report any shortcomings of the facility. Lynn Wade was present to represent the committee. Wade stated the jail was inspected on May 27, 1984 and a written report was filed on June 12. Wade stated most problem areas contained in the report can be resolved by the staff without great expenditure, such as hiring a full—time matron or being sure a matron is on duty at all times, providing annual health exams for all detention officers, furnishing inmates copies of facility rules, and developing a set of disciplinary rules and procedures and emergency plans in the event of an escape or a riot. Wade stated the problem areas are with the physical plant but noted the rules were written after this facility 191.5 191.6 192 September 4, 1984 192.1 was constructed. Wade stated there is no "grandfather clause" within the statute for jails which were not built in compliance with the new rules. Wade noted the areas of non-compliance: a complete separation of classes of inmates (both visible and audible); height of bunk in alcoholic unit exceeds minimum standards; non -collapsible clothing hooks should be removed; uncovered bars not permitted in skylights; inadequate natural lighting; some corridors lack required width; emergency exit lock must be blank on inside and unlockable from the outside (in conflict with the Fire Code). 192.2 Wade recommended the City bring into compliance the "easy, administrative matters"; that on the "difficult, more expensive matters", the City take reasonable measures to correct those defects; that on December 12 the committee will be required to file a petition with the Circuit Judge citing whatever defects remain at that time. Wade explained the committee has no discretion to waive any minimum standards, especially regarding the physical plant. Wade stated he thought the Court could apply some discretion, particularly since the jail is a short-term facility. Wade stated the committee would probably ask the Court to take appropriate action rather than recommending closure. On the matter of the exit door regulation in conflict with the Fire Code, Wade explained the Court would make a decision at a hearing to be held after the petition is filed. Police Chief Bob Jones stated all administrative corrections had been made. DRAKE ROAD 192.3 Mayor Noland explained further consideration of the proposed extension of Drake Road needs to be tabled until all details can be worked out. Director Sharp, seconded by Orton, made a motion to table. Upon roll call, the motion passed, 7-0. PARKING DECK 192.4 Mayor Noland introduced a report from Garver & Garver, Inc. regarding progress that has been made in identifying possible structural deficiencies in the City's parking deck and remedial steps to be taken. 192.5 William Draggers, Sr., representing Garver & Garver, addressed the Board. Driggers stated the contractor and his engineer are working on a program to develop a solution to the parking deck problem which is to be submitted in writing for evaluation by Garver & Garver. Driggers stated this report is to be submitted this week and "he looks forward to a favorable solution to the problem in the next two to four weeks". 1 1 1 RADIO PURCHASE September 4, 1984 Mayor Noland introduced a recommendation from the City's communications consultant regarding the purchase of a new radio communications system. The Mayor explained that in the last year the City has been examining various radio system alternatives, including a revamping of its present 155 megahertz equipment, purchase of new 155 MHz units, conversion to a 450 MHz system, or a state-of-the-art 800 MHz "trunking" system; that the City's consultant, Roger Miller (who has no ties with any of the interested vendors), has had experience with both the 450 and 800 MHz systems and on August 19 recommended the City purchase the W 800 MHz system. The Mayor explained part of the funding for a new CO radio system is included in the 1984 budget, an amount which would about cover the cost of a 450 system or about half of the 800 system. Director Johnson, seconded by Martin, made a motion that the City 193.2 purchase the 800 trunking system. 1 193 193.1 Director Orton raised the question of the additional financing needed to purchase the 800 system, stating the Board should ask the Finance Committee to recommend a method for financing the purchase. Mayor Noland stated that, in balancing the purchase price of the 800 system against the other needs of the city, in his opinion the expenditure over and above the cost of a 450 system could be better used to benefit the needs of the average citizen of the city. Noland cited some examples of those needs, such as lowering the City's fire rating from a 4 to a 3; improving Dickson Street; or upgrading the parks and library. Noland also pointed out that the maintenance costs on the 800 system, of 5% to 10% per year, would be in proportion to the total cost of the system. Director Martin stated he thought the citizens would not want the City "to spend the least money possible", but "to spend as smart as possible". Martin noted also the benefits to public safety with having the flexibility of the 800 system. Director Bumpass asked Tom Wright, Account Executive for Motorola's Government Markets Division, to address the question of the "90% coverage prediction" and the benefits of emergency service with the 800 versus the 450 system. Wright stated the coverage prediction is "90% of the area within the range prediction area, 90% of the time" as ranges vary with weather conditions. Regarding emergency situations, Wright explained that police, fire and utility employees would be able to inter -communicate with each other on the 800 system. Wright pointed out that the comparison of a million dollar system against a $500,000 system should be clarified in that this comparison included options in the 800 system but not in the 450 system. Wright stated inter -communication between departments would only be available 193.3 193.4 193.5 193.6 193.7 194 September 4, 1984 194.1 on a limited basis with the 450 system. Wright stated the front end costs split out over the life of the 800 system prove to be more economical over the long run. 194.2 Director Martin noted the tax-exempt lease arrangement be spread over five years. would provide the Board with for the purchase of whatever City's Finance Director had developed a where the cost of the 800 system could It was agreed that the Finance Committee a "financing package" at the next meeting system is approved. 194.3 Director Bumpass expressed concern about how the total cost of the system would be allocated among the departments, and asked how this would be done. Finance Director Linebaugh stated this had not yet been decided but that the majority of the funds allocated for a radio system are presently in the Police and Fire budgets, divided up by the number of radio units. Wright noted the 800 system has the capability of printing out how much air time each department is using. 194.4 In answer to a question from the Mayor, Airport Manager Dale Frederick stated there should be no problem obtaining a permit for the proposed 400 foot tower, as there is another in close proximity. 194.5 Director Lancaster stated he was not sure Fayetteville was big enough to warrant the purchase of the 800 system; that he would vote in favor of the system but would not vote in favor of a financing package at this time. Mayor Noland stated the motion includes the provision that the Finance Committee will draw up a recommendation as to a financing package, to be voted upon at the next meeting. 194.6 Upon roll call, the motion passed, 5-2, with Noland and Sharp voting against the motion. SHELTER LEASE 194.7 Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an extension to a lease agreement between the City and the Project for Victims of Family Violence, Inc., for the Shelter for Victims of Domestic Violence site. The Mayor explained that, in 1980, the City acquired the house now being used by the Project as a shelter; that the original lease was for a two-year period with an automatic extension for another term; that this resolution would authorize the extension of the lease for two additional years, from September 1. 194.8 Director Bumpass, seconded by Orton, made a motion to pass a resolution to execute a lease with the Project for Victims of Family Violence for an additional two-year period. 1 1 September 4, 1984 Director Bumpass asked if a report was available as to the current condition of the property and asked if the property had been inspected recently. Assistant City Manager McWethy reported the property is well -kept, that Board members had toured the facility recently, although the interior may not have been inspected recently. McWethy stated an inspection could be scheduled in the near future. cro Director Orton asked if the Community Development Department had any In ongoing communications with the Project. McWethy explained the Project files a financial statement each month with the City Clerk and Community N Development Department. McWethy stated he knew of no other communication; LIJ that there have been no apparent problems. QLinda Brown, speaking for the Project, reported the facility is in good condition and very well used, stating the Shelter takes in about 100 persons per month. Brown welcomed Board members to visit the facility. In answer to a question from Bumpass, Brown stated about 40%, of the users of the Shelter are Fayetteville residents. 1 195 195.1 195.2 195.3 Upon roll call, the motion passed, 7-0. 195.4 RESOLUTION NO. 100-84 APPEARS ON PAGE 149 OF ORDINANCE & RESOLUTION B00K A/IA CODE AMENDMENT/USE UNIT 3 Mayor Noland introduced an ordinance amending the City Code by adding "Public Utility Maintenance Building, Warehouse, or Storage Building" as a permitted use in "Use Unit 3: Public Protection and Utility Facili- ties". The Mayor explained this was considered by the Planning Commission on August 27 and recommended by an 8-0 vote (with one commissioner absent). The City Attorney read the ordinance for the first time. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the final time. 195.5 195.6 The Mayor asked if anyone present wished to speak against the ordinance. 195.7 There was no response. Upon roll call, the ordinance passed, 7-0. 196 September 4, 1984 196.1 Director Lancaster, seconded by Orton, made a motion to include an emergency clause in the ordinance. Upon roll call, the motion passed, 7-0. ORDINANCE NO. 3030 APPEARS ON PAGE 4/3- OF ORDINANCE & RESOLUTION BOOK ¥ Ix EASEMENT APPRAISALS 196.2 Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement with Appraisal Services for the performing of approximately 100 easement appraisals, in connection with improvements to the City's sewer system. 196.3 Assistant City Manager McWethy stated he served on the selection committee of four which evaluated the proposals. McWethy stated three firms had submitted proposals — that one firm's price was much higher than the others and the other firm not chosen did not respond to the time consideration wording contained in the proposal. McWethy noted the Board's professional selection policy calls for a firm to be selected based first on its qualifications. 196.4 Director Bumpass, seconded by Johnson, made a motion that the City enter into an agreement with Appraisal Services as recommended by the committee. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 101-84 APPEARS ON PAGE 2_0S OF ORDINANCE & RESOLUTION BOOK XIX FOUR—PLEX APPROVAL 196.5 Mayor Noland introduced a resolution authorizing an amendment to a Bill of Assurance which would allow one four—plex to be built on four lots in the Northwest Acres Subdivision. The Mayor explained the Planning Commission recommended approval of this change by a vote of 7-1 but with the stipulation that access be other than directly off Highway 16. 196.6 The City Attorney explained, if the Board wishes to grant approval, the resolution should approve a modification of the Bill of Assurance as proposed. 196.7 Director Bumpass, seconded by Martin, made a motion to approve the resolution under the conditions stipulated. 1 1 1 197 September 4, 1984 Director Orton, noting that the past rezoning of this property was 197.1 granted when the owner entered into a Bill of Assurance promising to limit construction to duplexes, asked how circumstances had changed to warrant a release from this promise Ray Rastall, one of the signators on the Bill of Assurance, addressed the Board. Rastall stated he has had "a number of calls for four-plex lots" and "it would be foolish to put a small duplex" on big lots. Director Orton stated Bills of Assurance should not be waived, unless the zoning circumstances change; W Orton predicted that people might enter into a Bill of Assurance simply to get a rezoning, with the idea of coming back later to be released from the Bill of Assurance. CO Mayor Noland asked if anyone present wished to speak against the request. 197.2 Q There was no response. 1 Rastall explained the lots were originally platted out for commercial purposes but that the Planning Commission in the past had denied rezoning the property to commercial. The City Attorney explained the wording in this Bill of Assurance expressly provides that the use be restricted unless the Board of Directors grants formal approval of a different use in the form of an ordinance. McCord stated usually a Bill of Assurance restricts the use and does not provide for later approval by the Board. McCord noted it was apparently contemplated at the time the Bill of Assurance was executed that a request would possibly come before the Board at a later date, for a different, or more intense, use. Director Martin noted the lots in question are obviously larger than "duplex lots" and that this was a legitimate request in light of the points made by the City Attorney. After further discussion, the City Attorney read an ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the final time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3031 APPEARS ON PAGE y OF ORDINANCE & RESOLUTION BOOK Vl x 197.3 197.4 197.5 197.6 198 TAX-EXEMPT LEASES/AIRPORT FACILITIES September 4, 1984 198.1 Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute two tax-exempt leases with First Arkansas Leasing Corporation for facilities at the Municipal Airport. 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 Director Johnson, seconded by Bumpass, made a motion to approve the resolution. The Mayor explained this authorization would be for construction of the executive hangar and the ten -unit T -hangar. The City Attorney noted this would involve interim financing. Director Johnson noted the motion to approve should include the following changes: that the interest rate on the $130,000 issue quoted by Scott Linebaugh in his August 16 memo should be 10.889% rather than 10.5116%; that the date on the Lease included in the agenda (at page 10.12) should be September 30, 2000 rather than September 30, 1989. Director Bumpass agreed to second the amended motion. The City Attorney stated it is anticipated that the bonds will be issued for permanent financing in the future. Director Sharp asked why the interest rate should differ with that rate quoted for the purchase of the radio system. Finance Director Linebaugh explained the rate is higher on the leases because there is not much revenue coming in to cover the actual payments. Upon roll call, the resolution passed, 7-0. RESOLUTION NO. 102-84 APPEARS ON PAGE ;VD OF ORDINANCE & RESOLUTION BOOK my HANGAR DOORS The Mayor introduced a resolution authorizing a change order in a T -Hangar construction contract with Structural Systems, to provide for a garage door and opener at an additional cost of $3,549. Director Johnson, seconded by Bumpass, made a motion to approve the resolution. The City Attorney explained the door had been approved in the past by the Board but the amount approved had not included the cost of the door. 1 1 4 1 September 4, 1984 Upon roll call, the notion passed, 7-0. RESOLUTION NO. 103-84 APPEARS ON PAGE 23S OF ORDINANCE & RESOLUTION BOOK )(NC STREET STRIPING 199 199.1 Mayor Noland introduced an ordinance waiving competitive bidding require- 199.2 ments for the striping of city streets, as there is only one bidder W meeting specifications. QThe City Attorney read the ordinance for the first time. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Johnson, seconded by Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed, 7-0. 1 1 ORDINANCE NO. 3032 APPEARS ON PAGE BOOK )/!X OF ORDINANCE & RESOLUTION BID AWARD/CITY SHOP FILTERS Mayor Noland introduced consideration of an award of Bid #595 for automotive filters for the City Shop. The Mayor explained five different automotive supply houses submitted bids and TNT Auto Parts submitted the low bid on practically all the filters; that the recommendation of the Purchasing Office is that all filters be awarded to TNT Auto Parts. 199.3 199.4 Director Lancaster, seconded by Orton, made a motion to award the 199.5 bid to TNT. Upon roll call, the notion passed, 7-0. OTHER BUSINESS Airport Committee Report Director Lancaster reported that the first big creek bank on the north end of the airport runway needs cleaning and that about $5,000 was budgeted for cleaning and removing obstructions. Lancaster stated further north of the new airport road another creek branch also needs work and the Airport Committee recommends a figure of $10,000 be approved 199.6 200 September 4, 1984 200.1 for both (with 50% of the cost to be recouped from State matching funds). The City Attorney stated, if approved, a resolution would be needed to modify the existing contract. 200.2 Director Lancaster, seconded by Sharp, made a motion to approve such a resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 104-84 APPEARS ON PAGE 3t3 OF ORDINANCE & RESOLUTION BOOK x (x Street Committee Meeting 200.3 A Street Committee meeting was scheduled for Friday, September 7th at 11:00 A.M. City Property/Willow @ E. Huntsville 200.4 Mayor Noland introduced consideration of authorization to advertise for bids for the city's interest in the Willow @ E. Huntsville parcel, retaining 18 feet of right-of-way along the north of Huntsville for future turn radius improvements. 200.5 Director Johnson expressed opposition to selling any of the City's interest in the parcel. It was the consensus of the directors not to advertise for bids. Wire -Class Windows 200.6 Director Johnson noted, since wire -glass windows will be required in order to meet the Fire Code, the Board should either approve the construction and installation of the windows or schedule a meeting with the contractor and architect. 200.7 The City Attorney pointed out the fact that, had the architect spec'd the windows originally, the expenditure for the windows would have been necessary at that time, so that the city is not financially damaged because the windows were not originally spec'd. 200.8 Director Johnson, seconded by Sharp, made a motion to approve the purchase of the wire -glass materials, to be installed by the City. Upon roll call, the motion passed, 7-0. Comments from Director Lancaster 200.9 Director Lancaster addressed the Assistant City Manager's letter of September 4 to Hailey-Powers-Froning and stated there are still some deficiencies which haven't been taken care of in the renovation of City Hall. Lancaster specifically noted the situation of the breaker 1 1 1 co N w a 1 located on should not breaker. September 4, 1984 the roof. Lancaster stated, for safety reasons, employees be required to climb a ladder onto the roof to reset a Director Bumpass asked what amount of Assistant City Manager McWethy stated Manager Grimes suggested the staff meet in an attempt to resolve matters. final payment is being withheld. $5,000 is being withheld. City with the architects and contractor Director Lancaster made a motion that, if the matter cannot be resolved, the city hire a competent electrical engineer to correct the matter of the breaker on the roof. There was no second to that motion. In answer to questions from Director Bumpass, McWethy explained the employees must climb a 20 -foot vertical ladder onto the roof to reset an electrical breaker, occasionally after a rain when the roof is wet. It was McWethy's opinion that the breakers should be brought inside the building, but not necessarily at the expense of the City. Director Johnson, seconded by Bumpass, made a motion that the staff work out matters with the architects, engineer, and contractor and then proceed with the City Attorney taking necessary action to see that the matter is resolved. Director Lancaster asked that the motion be amended to stipulate a time limit. Directors Johnson and Bumpass agreed to include a time limit of September 18 in the motion. Upon roll call, the motion passed, 7-0. Highway Department Work/Highway 112 Director Orton noted that the recent overlay work done by the Highway Department on Highway 112 (especially around the University of Arkansas campus) was scheduled at the time school started and during times of heavy traffic. Orton stated she thought the City of Fayetteville should send a letter to the Highway Department stating that the City appreciates the work but that they should have given some regard to their scheduling. Rezoning Appeal R84-11/Old Farmington Road Director Sharp asked that it be clarified, for the Planning Commission, that when the Board referred Rezoning Appeal R84-11 back to the Commission, it also asked that the Planning Commission look at the need for R-2 zoning in the area. Sharp stated that the Planning Commission minutes seem to reflect that the Planning Commission only addressed the rezoning itself, and did not address the needs of the whole area. Mayor Noland stated he discussed the needs of the whole area with Planning Consultant Larry Wood who is aware of the Board's recommendation; that, in line with this, Wood is considering a recommendation for an "intermediate 201 201.1 201.2 201.3 201.4 201.5 201.6 201.7 202 September 4, 1984 202.1 transition" between R-1 and R-2 zoning. Director Orton noted also that she had discussed drainage problems in that area with Wood and with some commissioners. Parks Board Minutes 202.2 Director Johnson (referring to Parks Board minutes of August 14, 1984, wherein it was noted the City is buying some acreage that has been condemned due to a sewage overflow problem located off Highway 45), clarified that the City has not purchased that land but had condemned 25 feet of right-of-way in the area for sewer line purposes. Arkansas Municipal League 202.3 Director Johnson reported the Arkansas Municipal League is planning a district meeting for October 4th in Fayetteville to discuss the proposed Constitutional Amendment 62 and the League's legislative priorities for 1985, to be held at the Hilton. National Video Conference 202.4 Director Bumpass reported that the Continuing Education Center will be sponsoring a national video conference on the "Main Street" approach to redevelopment of the downtown area, to be held on September 18. Bumpass stated, since the City did not receive the Rockefeller AIDC grant, concerned community members are encouraged to attend this conference so that a special improvement district might be formed to obtain funds to carry through with the "Main Street" program. Bumpass stated that architectural services are available through the State's Historic Preservation Commission. Bumpass stated Richard Ryan at the CEC can be contacted for further details. MINUTES 202.5 The following corrections were made to the Minutes of the August 21, 1984 meeting: 173.2 "billboards" should read "bulletin boards" 175.2 Add after "...revenue bonds": "...to finance the con - and struction of facilities by Butterfield Trail Village." 175.3 202.6 With those corrections, the Minutes were approved as circulated. 1 1 September 4, 1984 ADJOURNMENT With no further business before the Board, the meeting was adjourned at 9:35 P.M. 203