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HomeMy WebLinkAbout1985-02-05 MinutesMINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, February 5, 1985 at 7:30 P.M. in the Board Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Assistant Mayor Johnson; Directors Bumpass, Hess, Iancaster, Martin and Orton; City Manager Grimes, Assistant City Manager McWethy, City Attorney McCord, City Clerk Kennedy; members of the press and audience ABSENT: Mayor Noland CALL TO ORDER Assistant Mayor Marilyn Johnson called the meeting to order and asked for a moment of respectful silence. SPECIAL ELECTION Johnson introduced an ordinance calling for a special election on 25.1 the question of: issuing capital improvement bonds under Amendment 62 for sewer plant improvements, and pledging the one -cent city sales tax to repay the bonds. As background, Johnson explained that at a special election on September 6, 1983, the Fayetteville voters approved, by a 9 -to -1 margin, the adoption of a one -cent sales and use tax to pay off revenue bonds issued to pay for sewer improvements - a lawsuit challenged the legality of that and the Arkansas Supreme Court reversed the decision of the Washington County Chancery Court, and ruled that the proposed bond issue did not comply with the requirements of Amendment 13 to the Arkansas Constitution. Johnson furthur explained that the city must proceed under Amendment 62 which was signed into law. on February 5, and which authorizes cities to issue capital improvement bonds and to pledge local sales and use taxes to retire the bonds. Johnson pointed out that the passage of an ordinance is required after which there must be a thirty -day waiting period before holding the election, and also a thirty -day "challenge" period following the election. 25.2 The City Attorney noted that this proposal is no different from that 25.3 which was previously approved by the electors. McCord explained that bond attorneys have requested that an ordinance be passed which would re -impose the sales tax because of uncertainty in the manner in which the Supreme Court's opinion was worded; that because of that uncertainty, • ;2 J ?f, February 5, 1985 26.1 the size of the issue authorized by the bund ordinance (but not mandated) will be increased by $3 million (for a total of $28 million instead of $25 million). McCord noted that the cost of the project has increased somewhat because of several different requirements imposed by EPA since the original election, but that the intent of the $3 million increase is to cover (1) the project's increased costs; (2) the possibility that the city might not be able to use the previously collected sales tax revenues; and (3) the reserve fund requirements which may or may not be mandated. 26.2 In answer to a question from Director Johnson, McCord stated there is an outstanding sewer improvement bond issue from 1974 which could be retired. McCord stated a conclusive decision has not yet been reached concerning whether the city may issue new bonds to defease the outstanding bonds but that this is a separate issue from the ordinance under consideration. 26.3 Director Orton noted that, if the issue is defeated in the election, there would no longer be a one -cent sales tax and sewer rates would have to be greatly increased in order to pay for the project, sihce the city is under an EPA administrative order to make the sewer improv- ements. 26.4 26.5 26.6 26.7 Since the Finance Director had advised that the bonds be marketed at the earliest possible date (because of rising interest rates) and since it was determined it would not be practical to hold the election simultaneously with the school district (the polling districts are different), it was the consensus to schedule the election on March 19. The City Attorney read the ordinance for the first time. Director Lancaster, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Bumpass, seconded by Hess, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. McCord clarified that, if there is a joint election on the city's sewer improvement bond issue and the county's jail bond issue, the polling places within the city could be established at the same sites, although there will be a separate ballot issue for the county and additional polling places fur the county. Upon roll call, the ordinance passed, 6-0, with Mayor Noland absent. ORDINANCE NO. 3065 APPEARS ON PAGE Iii OF ORDINANCE & RESOLUTION BOOK VI 1 February 5, 1985 Director Johnson asked if funds should be set aside to cover the cost of conducting an informational campaign. City Manager Grimes requested $5,000 to $6,000 to cover the expense of conducting the election and the expense of an informational campaign. McCord noted that the cost of conducting the sales tax election in 1983 was approximately $3300 and he estimated this cost could rise to as much as $4,000 if the city held its own election. Director Martin, seconded by Orton, made a motion to appropriate $3500 for the special election, funds to be available as needed. In answer to a question from Bumpass, Grimes explained that for the last election, a "purely informational" advertisement was placed in the newspaper; but that direct mailing might also be a good idea. Director Orton asked if $3500 would cover both the election cost and the public information costs. Director Martin stated it was not his intent, if more funds are needed, that they not be allocated. Director Bumpass suggested a report concerning costs be made to the Finance Committee at its meeting on February 11. 2'7 w/ 27.1 27.2 27.3 Upon roll call, the motion passed, 6-0. 27.4 SIGN APPEAL/"SUNSHINE FROZEN YOGURT" Johnson introduced an appeal from the literal provisions of the Sign Ordinance submitted by "Sunshine Frozen Yogurt" for a sign located at 2334 North College Avenue. Johnson explained the petitioner, Sid Norbash, requests permission to erect a 15 -square -foot projecting sign on property which already has a free-standing sign. Johnson stated the existing free-standing sign advertises a clothing store also located on the property. Kim Taylor, representing "Sunshine Frozen Yogurt", addressed the Board, stating the petitioner feels there is a hardship since the store is not readily apparent to passing motorists. Director Orton pointed out that a joint free-standing sign may be used, if this could be worked out with the property owner. Taylor stated that, although the building has one owner, the other tenant will not allow them to share the sign. Taylor added that, even if they did share the sign, it cannot be seen at all by southbound traffic. Taylor explained that if the business were allowed to have a sign which could be seen from the north and the south, it would allow customers time to turn off the highway. It was clarified that, if the variance were granted, the petitioner will remove the existing 4' x 14' wall sign on the west, will paint over the sign on the north side of the building but will keep their existing marquis sign. Director Hess stated, since the intent of the sign ordinance is to prevent unsightly signs, and since the proposed 27.5 27.6 27.7 8 28.1 February 5, 1985 sign would protrude no more than five feet from the building, he did not think the request unreasonable. 28.2 Director Hess, seconded by Martin, made a motion to grant the appeal for a 3' x 5' protruding sign. Director Bumpass pointed out that the variance is conditioned upon the removal of the other signs. Director Lancaster added that, should the ownership change hands, the sign must be removed. Upon roll call, the motion passed, 6-0. SLUDGE DISPOSAL 28.3 Johnson explained that the Water and Sewer Committee of the Board has asked to table the request for authorization of an amendment to a contract for engineering services with CH2M Hill, for the interim disposal of sewage treatment plant sludge. 28.4 Director Orton, seconded by Hess, made a motion to table the request. Upon roll call, the motion passed, 6-0. REZONING R85-3/TRACT "A"/A.W. REALTY 28.5 Johnson introduced an ordinance rezoning 2.22 acres located south of Joyce Street, approximately 1,600 feet west of Old Missouri Road. Johnson explained that the petitioner, A. W. Realty Company, requested rezoning from R-2, Medium Density Residential, to R-0, Residential -Office, and that the Planning Commission recommended approval by a vote of 7-0. 28.6 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Hess, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Bumpass, seconded by Hess, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. 28.7 Upon roll call, the ordinance passed, 5-0-1, with Director Martin abstaining because he is an officer of A. W. Realty Company. ORDINANCE NO. 3066 APPEARS ON PAGE 4, OF ORDINANCE AND RESOLUTION BOOK )(Xi 1 February 5, 1985 REZONING APPEAL/TRACT "B"/A.W. REALTY Johnson introduced an appeal of a decision by the Planning Commission regarding the failure to rezone a portion of property in rezoning petition R85-3, for 14.56 acres fiorth of Joyce Street. Johnson explained the petitioner, A. W. Realty, had requested rezoning from R-2, Medium Density Residential, to R-0, Residential Office, and the Planning Commission failed to recommend approval'by a vote of 4-3. Johnson explained the petitioners have requested their appeal be tabled. Director Orton noted there is some confusion concerning the amount of land under consideration and that she understood the Planning Commission voted on a five acre tract of land. Orton stated the question should be clarified. Director Orton, seconded by Bumpass, made a motion to table the appeal. Upon roll call, the motion passed, 6-0. Director Lancaster asked if this item should be referred back to the Planning Commission. Jim Lindsey, speaking on behalf of the request, explained that the property under consideration by the Planning Commission contained 14.56 acres but that the Planning Commission's motion (which failed to pass) only covered five acres of the tract. Director Hess asked to see the "general plan of what is proposed" to be sure it is not interfering with any residential construction. Hess stated he did not object to doctors' offices on Joyce Street since it is a major thoroughfare. Lindsey stated that because Planner Larry Wood had recommended R-0 zoning, he (Lindsey) had made only a minimal presentation• to the Planning Commission and he would like to explain in more detail his plans for development of the property. City Attorney McCord stated his understanding was that the motion was to table to allow Lindsey a chance to make another presentation to the Planning Commission. McCord added that, should the Commission deny the petition again, he still has the right to appeal to the Board. Director Bumpass noted that although the majority of the commissioners present favored the rezoning that was not the required number of affir- mative votes. BID AWARDS WILSON PARK/PARKING LOT CONSTRUCTION Johnson introduced consideration of the award of bid for the Wilson Park parking lot construction and she noted that three bids were submitted for asphalt and four for concrete. Director Orton asked for the City Manager's recommendation as to whether the lot should be constructed using asphalt or concrete. 29 29.1 29.2 29.3 29.4 29.5 29.6 30 February 5, 1985 30.1 City Manager Grimes stated, since there was no recommendation from the Parks Board, he would recommend the use of concrete for its longer life. 30.2 Director Bumpass, seconded by Hess, made a motion to award the bid to the low bidder for concrete, Jerry D. Sweetser, in the amount of $33,457.75. Upon roll call, the motion passed, 6-0. ELEVATOR MAINTENANCE CONTRACT 30.3 Johnson introduced consideration of the award of bid for an elevator maintenance contract for City Hall. Purchasing Officer Sturman Mackey noted the contract is for one year and covers everything except for the jack cylinder casing. Mackey recommended the bid be awarded to the low bidder, Ozark Elevator. 30.4 30.5 30.6 30.7 30.8 City Attorney McCord stated he had prepared a contract which incorporates all of Mackey's recommendations and is consistent with the bid specifi- cations. Director Lancaster, seconded by Hess, made a motion to award the contract to Ozark Elevator. Upon roll call, the motion passed, 6-0. RESOLUTION NO. 14-85 APPEARS ON PAGE 202 OF ORDINANCE & RESOLUTION BOOK X/ I HEATING & A.C. MAINTENANCE CONTRACT Johnson introduced consideration of the award of bid for a heating and air conditioning maintenance contract for City Hall. Johnson asked the Purchasing Officer for his recommendation. Mackey explained the staff advertised for bids on January 2nd and only one bid was submitted, even though notice was mailed to every plumbing company in town. Mackey stated it was his and the Assistant City Manager's recommendation to award the bid to the only bidder, Ken Smith of West Fork, for $7,632 per year. Mackey pointed out that the proposed contract would include the provision of all parts and labor. Mackey noted the company submitted another option, which would exclude all parts exceeding $100. Mackey explained the staff does nut recommend the option because, should parts fail in the system, they would be very expensive to replace. Assistant City Manager McWethy added that the warranty on the system expires on February 24, 1985. 1 1 Pi February 5, 1985 • Director Bumpass asked Smith if he had entered into other agreements which insure against failure of parts. Smith stated he had such a contract for. the Washington County Courthouse Director Hess, seconded by Orton, made a motion to award the bid, for $7,632 per year, to Ken Smith. Upon roll call, the motion passed, 5-1, with Bumpass voting in the minority. RESOLUTION NO. 15-85 APPEARS ON PAGE .2../.12. OF ORDINANCE & RESOLUTION BOOK )0(1' STORM SEWER, ROAD & RAMP/AERO TECH HANGAR Johnson introduced consideration of the award of bid for construction of a storm drain, roadway and aircraft apron to serve the Aero Tech maintenance hangar. Director Lancaster reported that there were six bidders - that M. E. Johnson bid the job for $34,542, Structural Systems for $34,880 and Tomlinson for $35,000. City Attorney McCord stated he had been contacted by the City Manager and Purchasing Officer regarding some issues involved in this bid. McCord stated the following questions had been raised - (1) Does the city have the legal authority to award a construction contract to a contractor other than the low bidder? and (2) Can the city legally modify the bid specifications after the bid has been advertised and bids have been received? McCord informed the Board that Arkansas statutes require the bid be awarded to the lowest responsible bidder in the opinion of the awarding agency, unless the awarding agency determines that the best interests would be otherwise served...that case law from Arkansas and other jurisdictions. state that the bid may be awarded to one other than the low bidder only if plausible reasons can be advanced, good faith is observed, and there is no bid collusion or fraud. McCord informed the Board that the law states bid specifications cannot be modified after the bid has been advertised and bids received. McCord advised that, should the Board desire to award the bid to other than the low bidder or to change the specifications, they should reject all bids and should readvertise and modify the specifications. Director Lancaster, seconded by Martin, made a motion to award the bid to the low bidder, M. E. Johnson. Upon roll call, the motion passed, 6-0. Director Lancaster asked Mackey if he had obtained information on the expansion joints and Mackey responded that he had obtained quotes for that work over the telephone. 31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 February 5, 1985 32.1 The City Attorney explained that, after the bid specifications had gone out, the question was raised whether expansion joints should be included in the bid. McCord advised that the issue of the expansion joints be deferred and a determination made as to whether they are needed. 32.2 Mackey explained that, prior to the bid opening, he distributed written specifications for expansion joints, saw cuts and sealer to the bidders; that all bidders agreed to open the bids and did not object to treating the addendum to the original specifications as a change order for the low bidder, and to accept the low bid determined today as the winning bidder. 32.3 Director Lancaster asked Mackey to report back with information on the expansion joints, for the Board to review. FUEL FARM INSTALLATION/DRAKE FIELD 32.4 Johnson introduced consideration of the award of bid for the installation of a fuel farm at Drake Field. Director Lancaster reported that four bids were submitted on this item (including alternate bids for a 20 -year guaranteed tank). Lancaster reported the low bidder was Southern Company which submitted a bid for $82,000 and an alternate bid for $85,500. Lancaster reported the Airport Committee recommends the contract be awarded to the low bidder on the alternate bid of $85,500. Lancaster, seconded by Johnson, made a motion to award Bid #615 to Southern Company for $85,500. Upon roll call, the motion passed, 5-0, with Bumpass not present at roll call. 32.5 32.6 OTHER BUSINESS AIRPORT RENT HOUSE Director Lancaster reported that the rental house located on airport proper has deteriorated. Lancaster explained that thus far the city has spent about $18,000 on the house and has received an appraisal estimate of $27,500 for the house. Lancaster reported that the Airport Committee recommends the house be put up for bid, sold for no less than the appraised value and the funds be used for the fuel farm. Director Lancaster, seconded by Hess, made a motion to approve the recommendation of the Airport Committee. Upon roll call, the motion passed, 6-0. REPAIRS TO FIRE TRUCK Director Johnson explained that the Fire Department's ladder truck sustained $12,722.64 worth of damage (including taxes and freight 1 1 February 5, 1985 • charges) from sliding off an icy road. City Manager Grimes requested that the Board authorize the staff to proceed with the repairs to be funded from the Fire Department's "self-insured fund". Director Lancaster, seconded by Bumpass, made a motion to approve the request. Upon roll call, the motion passed, 6-0. TRAVEL FUNDING FOR ARTS CENTER BOARD Director Johnson introduced a request from the Arts Center Board for $1500 in travel expenses for a trip, on February 12, to The Forum in Jonesboro and The Ritz in Blytheville. Johnson also asked that Board members interested in visiting The Forum and The Ritz on that date contact the City Manager. Director Johnson, $1500 request. Arts Center Fund. 33 33.1 33.2 seconded by Bumpass, made a motion to allocate the 33.3 Johnson explained the $1500 would come out of the Upon roll call, the motion passed, 6-0. • .REQUEST FOR TURN LANE Lloyd Calhoun, resident of 3301 Coach Road, addressed the Board. Calhoun called the Board's attention to the hazard due to there being no turning lane on U.S. Highway 71 between the vicinities of Arkansas 156 (Willoughby Lane) and Whillock Avenue. Calhoun stated a petition to the Arkansas Highway Department is being circulated. Calhoun pointed out that between the points he described there were eleven vehicular accidents, resulting in six personal injuries during 1984 (according to Fayetteville Police Department statistics). Calhoun also noted that a turning lane is especially needed due to a condition of extreme grade change and due to the fact that traffic is heavier in this area than on any other stretch between Fayetteville and 1-40 (according to AHTD statistics). The City Attorney advised that, should the Board wish to support the request, they may adopt a Resolution supporting the petition. Director Hess, seconded by.Bumpass, made a motion to adopt a resolution of support. Upon roll call, the motion passed, 6-0. Director. Johnson announced, for the benefit of interested citizens, that petitions may be picked up in the City Manager's Office. RESOLUTION NO. 16-85 APPEARS ON PAGE .21`{ OF ORDINANCE & RESOLUTION BOOK KX 33.4 33.5 33.6 31 34.1 February 5, 1985 POLICE DEPARTMENT EXPANSION PROJECT Director Johnson introduced consideration of the Police Department's expansion and remodeling project. 34.2 Director Bumpass explained that he, the Police Chief and the City Manager had discussed converting the former Municipal Court space into offices for the Police Department. Bumpass stated that Engineer Ervan Wimberly had discussed with them the possibility of raising the roof above the courtroom which would provide a second floor. Bumpass reported Wimberly's estimates for this work range from $6,000 to $18,000. Bumpass stated that drafting specification and bidding this work as a proposal was discussed. Bumpass noted that Wimberly had submitted a proposal for a maximum of $1500 for engineering services. 34.3 Director Martin commented that he would support the renovation but stated he didn't see how the project could proceed without first making some decisions concerning the usage of space at the Interim City Hall building. Bumpass stated this issue had been discussed at length and he thought the Board should give the management their ideas on how that space should be used. Bumpass noted the Police Chief had recommended that, if any offices are to be located at the ICH building, they should be the Criminal Investigation Division offices. 34.4 City Manager Grimes noted that the Board had, in the past, asked the staff to prepare a proposal for the use of space at the ICH building which was only tentatively approved. Grimes stated this proposal included the light vehicle maintenance and the building maintenance areas on the first floor, a plan to use the vault on the first floor for storing stolen property, a plan to use the front area of the first floor for police department expansion, and a plan for an exercise room on the second floor. Grimes stated the Police Department wishes to have a larger meeting room and that the original plan also included a proposal for records storage (records which are required to be kept fur a minimum of three years) to be in the southeast corner of the second floor. Martin commented that, if there is a proposal for the usage of space at the ICH building, it should be implemented. 34.5 With Directors Lancaster and Johnson expressing support for the $1500 expenditure, Director Rampage made a notion to get the engineering done and authorize the award of engineering services to Northwest Engineers, Inc. for a maximum fee of $1500, based upon their quoted hourly rates (strictly to explore the option of raising the roof). Director Orton seconded the motion. Director Orton, with Bumpass concurring, commented that, if the cost of raising the roof "is something on the high side", it would no longer be an option. 34.6 Director Bumpass suggested the Board visit the ICH building on its next regularly scheduled tour to consider adopting the proposed allocation of space. Upon roll call, the notion passed, 6-0. 1 1 February 5, 1985 TELEVISED CALL-IN PROGRAM Director Hess introduced discussion of the concept of a televised call-in program to be operated either by the Directors or to be done in conjunction with Peter Harkins' "Back Talk" show on a once -a -month basis. Hess commented that he wished to pursue the matter further. Director Orton stated she supported the idea of a call-in show but thought questions should be directed to the staff rather than to the Directors, since the Board already is available for questions from the public during televised Board meetings. Orton commented also that she thought the program should be separate from and not tied in anyway to "Back Talk". Director Martin agreed that the televised board meetings are a regular forum for the citizens but pointed out that not all citizens are able to get to City Hall on Board meeting nights. Director. Johnson suggested referring the concept to the Finance Committee because funding will be required. Director Orton estimated the program would cost approximately $1,000 per year, or $75 per program (for a .once -a -month program). There being no objections expressed, it was generally agreed by the Directors to refer the concept to the Finance Committee. PETITION FROM CITIZENS/TRAFFIC ON E. DICKSON Director Johnson referred to the Petition from Mark Brewer and "Citizens Who Care" concerning traffic problems and sidewalks for East Dickson Street. City Manager Grimes recommended referring the petition to the Board Street Committee for discussion at their next meeting: It was agreed to accept the recommendation of the City Manager. UNITED COMMUNITY SERVICE/CITIZENS ASSEMBLY Director Johnson introduced a request from United Community Service that the City of Fayetteville name a delegate to its Citizens Assembly. Johnson noted that the City has participated for a number of years as a member of that organization. City Manager Grimes commented that Director Lancaster had served as delegate in past years. Lancaster agreed to continue in that capacity. ADDITIONAL ACT 9 BOND CRITERIA Director Orton asked that her request to the Board to consider additional Act 9 Bond criteria be placed on the agenda for the next Board meeting. Orton asked that the City Attorney's proposed amendment to the criteria be included in the agenda. 3i 35.1 35.2 35.3 35.4 35.5 35.6 3t; 36.1 36.2 36.3 February 5, 1985 GREEN SPACE ORDINANCE Director Hess asked that the Green Space Ordinance be placed on the agenda for the next Board meeting, for possible revision or amendment. PROPERTY AT 903-905 N. COLLEGE The City Attorney introduced the issue of the two structures located at 903-905 N. College which were demolished by a truck several months ago. McCord explained the property owners were given several months to raze or remove the debris which has not been done. McCord stated the Board has the authority to pass an ordinance to order the removal and impose a lien on the property if the removal does not take place. McCord read the ordinance for the first time. Director Bumpass, seconded by Hess, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 6-0. McCord read the ordinance for the second time. Director Bumpass, seconded by Hess, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0. McCord read the ordinance for the third time. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3067 APPEARS ON PAGE Ig OF ORDINANCE & RESOLUTION BOOK yx MINUTES 36.4 The following addition was made to the Minutes of the January 22, 1985 meeting: 36.5 379.4 Change the last sentence of that paragraph to read: "Orton noted that the telephone company's excessive delays in moving the poles contributed to increased costs." 36.6 With that addition, the minutes were approved. ADJOURNMENT 36.7 With no further business before the Board, the meeting adjourned at about 9:30 P.M. 1 1