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HomeMy WebLinkAbout1985-05-07 Minutes1 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, May 7, 1985 In the Board Room of City Hall, 113 West Mountain, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Johnson, Hess, Lancaster, Martin and Orton; City Manager Grimes, Assistant City Manager McWethy, City Clerk Kennedy; members of the press and others CALL TO ORDER The meeting was called to order at 7:30 P.M. by Mayor. Noland with seven Directors present. ARTS CENTER PROGRESS REPORT Mayor Noland introduced a report from the Arts Center Board regarding progress made in securing a Center for the Arts; and a request for authorization to issue "Requests for Qualifications" to architectural and/or planning firms, for further professional assistance. Frank Sharp, Chairman of the Arts Center Board, introduced the other members of that board: Stephen Adams, Sara Burnside, Mary Margaret Durst, Roger Widder, Loris Stanton and Billie Starr (not present). Sharp expressed optimism about the support which has been shown for an Arts Center by the media, the city Board of Directors, and the city adm!nisCrative staff. Stephen Adams reported that the Arts Center Board has met twice monthly since January and has toured arts centers in Jonesboro and Blytheville. Adams noted that the board had met with an arts consultant from Nashville who has helped them formulate ideas, and he reported that the board has now developed a "Statement of Purpose". Adams explained that the board envisions that the center will serve four constituencies: the general public, the children, the business community andthe artists. Adams stated that the Arts Center Board needs to develop further scheduling plans for the future and that it needs professional assistance in (1) further refining needs and potential usage for the center; (2) translating the needs into a potential estimate of costs; and (3) analyzing site alternatives. • 117 117.1 117.2 117.3 117.4 118 May 7, 1985 118.1 Adams requested that the City Board of Directors authorize the issuance of Requests for Qualifications to accomplish a preliminary design plan for the Arts Center. 118.2 Mayor Noland commented that the Arts Center Board's report was very well written and because of it, a sponsor has already come forward who wishes to participate financially in the first concert at the facility. 118.3 Director Hess asked if the arts consultant had suggested it would be better to locate the center in the downtown area. Adams commented that the Arts Center Board had made no determination on location and would not until they have properly analyzed the access requirements. 118.4 In answer to a question from Director Orton, Adams noted that it is hoped that the results of the Requests for Qualifications will show that the various firms can accomplish either the development of a new center or the renovation of an existing structure. 118.5 Director Martin asked Adams to elaborate on any cooperative effort being made between the Arts Center Board and the University of Arkansas to ensure that there not be a duplicate facility. Adams reported that there has been coordination with a University committee responsible for development of a proposed University arts facility but that there has nut been a lot of input received from them regarding their plans. Adams added that minutes of Arts Center Board meetings have been provided to the University committee. Adams commented that he thought the Arts Center Board was identifying different needs from those which would be met by a University Center. 118.6 Director Orton commented that, at the time the Continuing Education Center was proposed, the University and the City Board discussed the idea that the CEC would be a community center, at very little cost to groups, but that, as it has developed, most community groups cannot afford the cost of using the CEC. Orton noted that the proposed Arts Center would be available to everyone at an affordable cost. 118.7 Director Martin commented that the city should be careful not to turn its back on a great resource the University might be able to provide the community through its large financial resources; and should try to work with the University to keep unnecessary or duplicated expense from occurring. 118.8 Director Hess recommended that the Arts Center Board set a specific deadline by which qualifications must be received. 118.9 In answer to a question from Director Bumpass, Adams noted that the Arts Center Board, in conjunction with receiving proposals, hopes to develop a more refined idea of operating costs. Bumpass pointed 1 1 { May 7, 1985 out that the facility will not be profit -oriented but will need operating funds on a continual basis. Director Hess, seconded by Johnson, made a motion to authorize the issuance of Requests for Qualifications to architectural and/or planning firms to guide and further assist the Arts Center Board. At the suggestion of Director Bumpass, it was agreed to include in the motion that the city's professional seleetion policy be used. It was noted by Director Johnson that the Arts Center Board would select the firm. At Mayor Noland's suggestion, it was agreed that City Directors would be welcome during presentations by the firms. The City Manager clarified that, since only the City Board can enter into a contract, the Arts Center Board will have to bring a recommendation before the City Board for approval. In answer to a question from Director Orton regarding whether these proposals would be the preliminary step, with there to be a second stage for choosing an architect, Adams responded that it was possible the results from the Requests for Qualifications may show that the city can only afford to complete the would be specified that a firm would further work as a result of acceptance Upon roll call, the motion passed, 7-0. project in stages, but that it not be disqualified from doing of a proposal. REZONING R85-13/CARL BEHNER Mayor 'Noland introduced an ordinance.rezoning 0.26 acres located at the northwest corner of West Mountain Street and South Locust Avenue (submitted by Carl Behner) from R-0, Residential Office, to C-3, Central Business Commercial. The Mayor reported that The Planning Commission recommended approval of this rezoning by a vote of 5-0. The ordinance was read by the City.Manager 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 City Manager read the ordinance 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 third time. Mayor Noland asked if anyone in the audience wished to speak in opposition to the ordinance and, with no public opposition being expressed, the roll was called and the ordinance passed, 7-0. ORDINANCE NO. 3086 APPEARS ON PAGE 5 .. OF ORDINANCE & RESOLUTION BOOK XXI 119.1 119.2 119.3 119.4 119:5 119.6 119 120 May 7, 1985 FIRE CONTRACTS 120.1 Mayor Noland introduced consideration of revised rates for outside -city standby fire protection. Noland explained that the revision would mean that the fees for individual fire contracts would be increased from $256 in 1984 to $270 in 1985; and rates for a neighborhood contract would increase from $128 per household in 1984 to $135 in 1985. The Mayor added that the fees are based on a formula which takes into account what city residents pay, divided by the number of households in the city, plus an administrative fee for handling the contracts. 120.2 Director Lancaster, seconded by Orton, made a motion to approve a resolution. 120.3 Director Bumpass stated he had been contacted by some residents who presently have contracts with the City of Fayetteville and he stated he thought it should be made clear that: (1) for those persons outside the city limits not covered by a contract, the Fayetteville Fire Department will help fight a fire which is out of control when called by a rural fire department (with whom the City of Fayetteville has a reciprocal agreement); and (2) the City of Fayetteville Fire Department will always respond in a life-threatening situation. 120.4 Bumpass stated the City of Fayetteville has been asked to give some financial consideration to those who are "buying protection from two sources" -- from a rural fire department and by way of a contract with the City of Fayetteville. Director Orton stated she thought sone savings would be reflected in the cost of fire insurance. 120.5 Director Johnson asked if payment for a fire contract with the City of Fayetteville can be made in 12 monthly installments rather than a lump sum. Finance Director Scott Linebaugh explained that presently the payments are made In a lump sum because, in the case of a neighborhood contract, a representative for the group makes collections from all members of the group and pays the city in a lump sum. Linebaugh pointed out that if the city were to begin making monthly collections, the fee structure would have to be changed. 120.6 Open roll call, the motion passed, 7-0. RESOLUTION NO. 44-85 APPEARS ON PAGE 54 BOOK XXII OF ORDINANCE & RESOLUTION ANNEXATION/NORTH OF HIGHWAY 16 EAST 120.7 Mayor Noland introduced consideration of a petition for annexation of 2.46 acres on the north side of Highway 16 East, submitted by Bobby Gene Baker. 1 • May 7, 1985 The City Manager read an ordinance for the first time. Director Bumpass, 121.1 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 City Manager read the ordinance for the second time. Director Bumpass, seconded by Lancaster, 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. The Mayor asked if anyone in the audience wished to speak in opposition 121.2 to the ordinance, and with no public comment expressed, the roll was called and the ordinance passed, 7-0. ORDINANCE NO. 3087 APPEARS ON PAGE Sit- OF ORDINANCE & RESOLUTION BOOK XX/ In answer to a question from Director Lancaster regarding the need 121.3 for an emergency clause to the ordinance, the petitioner explained that the purpose of the annexation is to obtain sewer service from the City of Fayetteville. Director Lancaster, seconded by Johnson, made a motion to approve 121.4 -the inclusion of an emergency clause in the 'ordinance. Upon roll call, the motion passed, 7-0. BID AWARDS 11623/CREW-CAB PICKUP/STREET DEPARTMENT Director Johnson, seconded by Hess, made a motion to award Bid #623 121.5 to Steve Smith Pontiac for a 1985 GMC four-wheel drive diesel engine crew -cab pickup in the amount of $15,785.95. Purchasing Officer Sturman Mackey clarified for the Board that the 121.6 amounts of $1,890.76 for four-wheel drive and $1,574.97 for the 4 x 2 diesel engine, as shown in the bid tabulation information in the agenda, should not be added to the base bid price for Steve Smith; and that Steve Smith Pontiac was indeed the low bidder. Street Superin- tendent Clayton Powell, who was present at a later point in the meeting, explained that the $1,780 figure shown on the bid tabulation for Lewis Ford should not be added to fhe base bid, and that the total bid price from Lewis Ford was $16,190. • Purchasing Officer Sturman Mackey explained that, although only $13,000 121.7 is available in the budget for this purchase, the Street Superintendent •recommends additional funds be taken from funds for the oil distributor purchase which is about $19,000 under -budget. Upon roll call, the motion passed, 7-0. 121 122 11624/VIBRATORY COMPACTOR/STREET DEPARTMENT May 7, 1985 122.1 Mayor Noland reported that Moody Equipment Company was the low bidder (for $46,125.20) for the vibratory compactor for the Street Department. 122.2 Director Johnson, seconded by Bumpass, made a motion to award Bid #624 to the Moody Company. Upon roll call, the motion passed, 7-0. #625/OIL DISTRIBUTOR/STREET DEPARTMENT 122.3 Mayor Noland reported that the Street Superintendent recommends awarding Bid #625, for an oil distributor, to the Moody Equipment Company, for $28,715.59. 122.4 Director Johnson, seconded by Buapass, made a motion to award Bid 1625 to the Moody Company. 122.5 In answer to questions from the Directors, Mackey explained that existing equipment would not be used for trade-in but would be put up for sale at public auction. Mackey commented that it has been the city's experience that such equipment can be sold for more money at public auction than would be received through trade-in. 122.6 In response to questions from the Directors regarding Street Super- intendent Powell's recommendation that the bid be awarded to the high bidder, Mackey distributed copies of Powell's justification for this recommendation. Powell was questioned by the Directors regarding the basis for his recommendation. Powell explained that the low bid for the Rosco met minimum specifications but that local contractors have reported malfunctions, breakdowns and difficulty in obtaining replacement parts. Powell, in answer to a question from Director Hess, stated that, in the long run, purchasing the Etnyre equipment would be less expensive even though the front end costs would be more expensive. Powell added that, if the specifications had been written to Etnyre standards, only one bid might have been received and would have been much higher for the Etnyre. 122.7 In answer to a question from Director Lancaster about the old oil distributor equipment, Powell explained that the staff feels it would be more beneficial to sell the old oil distributor with the truck chassis as a unit, since the new oil distributor will not fit on the old truck chassis. Powell noted that the difference In price with trade-in would only be about $300. 122.8 Upon roll call, the motion passed, 7-0. 1 May 7, 1985 //626/CORRUGATED METAL PIPE/STREET DEPARTMENT Mayor Noland reported the recommendation on Bid 11626 for corrugated metal pipe is that the bid be awarded to the low bidder, Caldwell Culvert. DirectorJohnson, seconded by Hess, made a motion that Bid #626 be awarded to Caldwell Culvert. Upon roll call, the motion passed, 7-0. 11627 - RCP AND GUARDRAIL/STREET DEPARTMENT Mayor Noland reported the recommendation on Bid 11627 is that the bid be awarded to the only bidders for each category. Director Johnson, seconded by Hess, made a motion that Bid #627 be awarded t� the only bidders for each category of concrete pipe and guardrail. Upon roll call, the motion passed, 7-0. #628A - TRAFFIC SIGNS AND POSTS Purchasing Officer Mackey stated that the recommendation is that Bid #628A for traffic signs and posts be awarded to the low bidders in each case. Mackey explained that in some cases the Interstate Highway Sign Company in Little Rock appears to be the low bidder but required "an all or none bid" on all signs 'for which they submitted a bid, which Mackey noted was contrary to the bid requirements. Mackey explained also that in some cases the Stafford Enterprises Company bid was higher but, because of the 5% Arkansas Preference Statute, the law requires the award of bid to Stafford Enterprises. 123 123.1 123.2 123.3 123.4 123.5 Director Hess, seconded by Orton, made a motion to award Bid No. 628A 123.6 for traffic signs and posts as marked on the tabulation sheet. Upon roll call, the motion passed, 7-0. WAIVER OF BIDDING REQUIREMENTS/WATER & SEWER DEPARTMENT The City Manager read an ordinance waiving competitive bidding requirements for the purchase of cast iron pipe and fittings, ductile iron pipe, soil pipe, water meters, clay pipe and fittings and plastic pipe and fittings for the Water and Sewer Department. 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. 123.7 124 May 7, 1985 124.1 In answer to a question from Director Bumpass, Purchasing Officer Mackey stated he did not know the exact amount of funds budgeted for these purchases for the Water and Sewer Department in 1985. Mackey explained that the purchases itemized in the ordinance would be purchased on an as -needed basis from the low bidder (based on written competitive quotes). Mackey explained that the ordinance would amount to a waiver of the advertising requirement and would prevent the listing of approxi- mately 290 separate items. Mackey added that since the oil crisis in 1973 the city has been unable to receive firm bids for any length of time on any item. 124.2 Director Martin, seconded by Bumpass, made a motion that the ordinance be amended to provide that, in every case possible, competitive quotations be obtained. Upon roll call, the motion passed, 7-0. 124.3 Upon roll call, the ordinance, as amended, passed by a vote of 7-0. ORDINANCE NO. 3089 APPEARS ON PAGE I OF ORDINANCE & RESOLUTION BOOK X)(11 HOLIDAY PAY 124.4 Director Martin, reporting for the Finance Committee, explained that until recently, it was required by state law that 11 days of holiday pay be provided uniformed police and fire personnel. Martin explained that a recent change in the law now states that the number of days of holiday pay be in accordance with the number of holidays set by the municipality which in the case of the City of Fayetteville would be eight days. 124.5 Martin reported that the Finance Committee recommended that, until another study can be made to determine what changes other Arkansas municipalities make in response to the law, there be no adjustment in holiday pay compensation as proposed in the wage study; that the three days (the difference between 8 and 11 days) be identified separately in each employees check; and that the Personnel Officer review the practices of other Arkansas municipalities for the next budget year. 124.6 Director Martin, seconded by Orton, made a motion to adopt the recommen- dation of the Finance Committee. 124.7 Martin summarized the three categories of holiday pay benefits which will currently be in effect for uniformed police and fire personnel, and which will be shown as three separate elements on payroll checks: 1. Eight days of holiday pay as provided all city employees in their base pay; 1 May 7, 1985 2. Three additional days of holiday pay (the difference between the 11 days currently in effect and the eight days for all city employees); 3. Additional holiday pay as recommended by the wage study (36 hours for uniformed fire employees and 32 hours for uniformed police employees) 125 125.1 Upon roll call, the motion passed, 7-0. 125.2 MAPLE STREET IMPROVEMENTS Mayor Noland' introduced a recommendation from Street Superintendent Clayton Powell to overlay 2,070 linear feet of Maple Street, from Lindell Street to the Gregg Street intersection, with a concrete slip -form paving overlay method. Powell explained it would take about one week to prepare the street for the contractor with slip -form concrete paving overlay, after which the street would have to remain closed for seven days for the concrete to cure to adequate strength to support traffic. Powell added that it would take an additional week for backfilling and cleaning up. Powell explained that the proposed system to be used on the street has never been used in Arkansas or in the southwest even though • it has been extensively tested in Iowa. Powell noted the project was originally budgeted for $126,210. Powell added that using the proposed method would mean a larger project than was originally budgeted because it would include the 11 -foot parking strip on the south side which the University uses for parallel parking. Powell pointed out that, even with the additional footage, the project would still remain about $2,000 under -budget. Powell noted that, for purposes of comparison, the use of competitive construction materials for the same project would cost $137,704.10, using city crews and equipment, a net difference of $13,778.60 (not including thecost of labor and equipment). Director Lancaster questioned whether the University would take any financial responsibility for the portion of the work done on the`11-foot parking strip. Director Orton noted that this work would amount to a gift to the University and she commented that the city expects others to pay for their share of street improvements. Powell estimated that the cost for the 11 -foot portion of the street would amount to about $21,079.50, based on 1,833 square yards, or 1500 linear feet. Director Bumpass asked how the concrete overlay would bind with the existing asphalt on the street. Powell explained that the specifications for the proposed method recommend the area between the existing concrete asphalt street and the overlay be non -bonded. Powell explained that 125.3 125.4 125.5 125.6 125.7 12f; May 7, 1985 126.1 either slurry seal or emulsion asphalt oil would be placed on those spots which are bare concrete, so that there will be an unbonded compata- bility between the existing surface and the new overlay. 126.2 Director Johnson noted that Powell's recommendation is for the Maple Street project preparation to begin May 13th and she pointed out that the University is also making a request to close Dickson Street. Johnson commented that closing both streets would cause a real traffic flow problem around the university. Mayor Noland recommended that Dickson Street not be closed until Maple Street has been re -opened. Powell estimated the total Maple Street project to take no more than four weeks. 126.3 Director Hess asked Powell to estimate the life expectancy of the street after applying the proposed overlay method. Powell explained that the last time the street was overlayed with asphalt and thermoplaned, it lasted about two years. He estimated the proposed procedure would last thirty years. Director Hess expressed appreciation to Powell for his research. 126.4 Director Hess, seconded by Bumpass, made a motion to award the contract for the experimental Portland Cement concrete overlay as recommended by the Street Superintendent, and to waive the requirements for formal bidding. Upon roll call, the motion passed, 7-0. REQUEST TO CLOSE DICKSON STREET 126.5 Phil Brown, Project Engineer from Castle Construction Company, asked the Board to consider closing Dickson Street for two months in conjunction with the construction of the new engineering building on campus. Brown explained that he wishes to install a sewer drain along Dickson Street. 126.6 Mayor Noland explained that the Board approved the closing of Maple Street because it was an opportune time to work on the street between classes. Noland suggested delaying the closing of Dickson Street until the first week in June, pointing out that the Board did not become aware of this request until today. 126.7 Director Johnson, seconded by Hess, made a motion that Dickson Street be closed when Maple Street is re -opened to traffic. 126.8 City Manager Grimes pointed out that one lane of Dickson Street has been closed at times in conjunction with the project and he commented that there would be no problem with continuing to work on that basis. 1 1 May 7, 1985 Director Lancaster moved to amend the motion to state the request to close Dickson Street will be reconsidered when Maple Street is reopened. The motion was seconded by Director Orton. Director Hess commented that he did not see how the need to close two lanes of Dickson Street would change between now and the time Maple Street is reopened. Director Martin asked that the city staff look into the matter to determine whether the closing of Dickson Street is the only alternative. 127 127.1 127.2 Director Johnson, seconded by Noland, made a motion to table the request 127.3 until such time as more information is available. Director Orton asked that someone from the University involved in planning attend a Board meeting to discuss the situation of closed streets on the campus. Orton commented that if it is the intent of the University to close several streets on campus at one time, they should take some responsibility in the matter so that the city doesn't get all the blame. City Manager Grimes stated that the staff would report back to the Board at the next meeting. 127.4 Upon roll call, the motion to table passed, 7-0. 127.5 CENTRALIZED DISPATCHING Mayor Noland introduced a report from the Police and Fire Committee 127.6 regarding centralized dispatching for the Police and Fire departments. Director Bumpass reported that the committee met and reviewed the concept of centralized dispatching, with input from Assistant City Manager David McWethy, Police Chief Bob Jones and Fire Chief Paul Logue. Bumpass reported that the committee concluded that centralized dispatching should be attempted for emergency services only during regular working hours, and that after working hours centralized dispatching would take all communications for all other city offices. Bumpass reported the committee has asked the staff to develop a "staffing procedure" to provide for adequate staffing. Bumpass reported that the committee discussed the proposal to remodel the police station • and provided a larger space for dispatching to be worked into the remodeling plan. 127.7 Director Bumpass, seconded by Johnson, made a motion to approve the 127.8 recommendation of the Police and Fire Committee. Ruth Fennell, resident of Springdale, addressed the Board. Ms. Fennell, who worked as a police and fire dispatcher on a "combined communications system" in San Francisco, urged the Board to give strong consideration to the question of adequate staffing. Fennell pointed out the high -stress 127.9 128 May 7, 1985 128.1 aspects of the dispatcher's position and noted that the addition of extra personnel is important both from the standpoint of safety of citizens and from the standpoint of the health and mental well-being of the dispatchers. 128.2 Director Martin asked If dispatchers, in Fennell's experience, were able to do clerical work during the hours they were on duty. Fennell advised that the city avoid assigning clerical work to dispatchers until after a period of time has passed in which a routine has been established. 128.3 In answer to a question from Director Bumpass, Fennell explained that their system was designed so that emergency lines and business lines could be integrated. Fennell stated in their experience they found it was unnecessary to locate the switchboard operator and the communica- tions center in the same area, although being located nearby does provide the benefit of having the switchboard operator available to answer emergency lines in the case of a major emergency. 128.4 Upon roll tall, the motion passed, 7-0. RENOVATION OF POLICE BUILDING 128.5 Director Bumpass reported that the Police and Fire Committee recommended: (1) Raising the roof of the Police Building where the old Municipal Court is located, allowing for two floors amounting to an additional 1200 square feet of office space (less the amount of space required for a stairwell); (2) Approving the proposed floor plan for the ground floor of Interim City Hall (included on page 11.29 of the agenda). Bumpass explained this floor plan was devised by Police Chief Bob Jones, City Manager Don Grimes and Engineer Ervan Wimberly; and (3) Approving the proposed plan for usage of existing.space on the mezzanine floor of Interim City Hall (included on page 11.30 of the agenda). 128.6 Bumpass explained that the floor plans will allow to move the Criminal Investigation Division to would include allocation of space on the mezzanine training room, a physical fitness room for all records storage. the Police Department Interim City Hall, floor for an employee city employees, and 128.7 Bumpass introduced a proposal from Engineer Ervan Wimberly, of Northwest Engineers, Inc., to provide design services for the proposed remodeling May 7, 1985 of the Police Building, fora lump sum fee of $9,000, including preparation of plans and specifications for construction of the proposed alterations, including mechanical, electrical, partitions, finishes, etc. Bumpass reported the committee's intention was to recommend approval of the proposal as an extension of the previous work already completed by Wimberly. Wimberly pointed out that the plans and specs for raising the roof have already been completed but would be included with the new bid package.. Wimberly suggested a more favorable price could be obtained by bidding one total project, rather than three 'separate projects. Bumpass commented that the proposed fee was not out of line and he recommended the Board accept the proposal as rea$onable and justified. 129.1 129.2 129.3 After discussion, Director Lancaster made a motion to accept Wimberly's 129.4 proposal. In answer to a question from Director Johnson, Wimberly stated it 129.5 would take about 45 days to complete plans. Wimberly explained that bids have already been received for raising the old courtroom roof and, if it is the Board's wish to obtain bids on a total project, those bids already received must be officially rejected and included with the complete project. Director Bumpass seconded Lancaster's motion. Bumpass recommended that the relocation of the CID be completed first and he asked Wimberly to look into the possibility of completing that relocation as a.separate project. Upon roll call, the motion passed, 7-0. Director Johnson, seconded by Hess, made a motion to reject the bids already received for raising the roof and to include those bids with the complete project. Upon roll call, the motion passed, 7-0. OTHER BUSINESS HANDICAPPED ACCESS RAMP Mayor Noland introduced the question of the installation of an access ramp leading to the platform in the Board Room, called for by handicap regulations. Noland commented that, according to a memo from Assistant City Manager McWethy, it is the staff's opinion that the ramp would be of minimal value and would detract from the overall appearance of the room. 129.6 129.7 129.8 129.9 129 McWethy explained that there is a ramp in the Board Room leading to 129.10 the Judge's bench but that, according to Patrick McKeehan's research, 130 May 7, 1985 130.1 a ramp is also required leading to the platform, for the benefit of handicapped citizens. 130.2 At the suggestion of Director Lancaster, it was the consensus that the ramp be installed, with no date being set for that installation. WALKER -STONE TOWNHOUSE PROJECT 130.3 Hugh Kincaid presented a request from the Central Business Improvement District No. 1, that the City Board of Directors adopt a resolution of intent, expressing approval of the proposed Walker -Stone Townhouse Project, to be financed by issuance of bonds (through the Central Business Improvement District No. 1) and authorizing the Mayor to execute a "Certificate of Elected Representative". 130.4 Kincaid explained that the proposed townhouse project would be designed to be historically and architecturally compatible with the Walker -Stone property. 130.5 Director Bumpass, seconded by Martin, made a motion to approve a resolution of intent, approving the proposed Walker -Stone townhouse project, to be financed by the issuance of bonds through the Central Business Improvement District No. 1 and authorizing the Mayor to execute a certificate of intention in connection with the resolution. 130.6 Kincaid explained that the Central Business Improvement District No. 1 has passed an inducement resolution but there still must be a public hearing after which the District must authorize the issuance of the bonds. Kincaid stressed that there would be no obligation on the part of the city in regards to these bonds. 130.7 Director Hess expressed the hope that the integrity of the area will be maintained in relation to Its historic nature. 130.8 Upon roll call, the motion passed, 7-0. RESOLUTION NO. 45-85 APPEARS ON PAGE 56 OF ORDINANCE & RESOLUTION BOOK XXII PLANNING COMMISSION VACANCY 130.9 Mayor Noland reported that a resignation had been received from Planning Commissioner Barbara Crook and he expressed appreciation on behalf of the Board fur Barbara Crook's years of service on the Planning Commission. 130.10 Director Johnson noted that at this time the Nominating Committee has no recommendation for filling that vacancy. 1 May 7, 1985 After discussion, it was the consensus that advertisement be made now for new applications. Director Lancaster commented that more time should be spent on Planning Commission applications than has been spent in the past. Director Orton urged that interested applicants attend a Planning Commission meeting to learn more about what is involved in the position. ILLINOIS RIVER BASIN MEETING Mayor Noland asked if the Board wished to make a statement supporting the EPA -proposed study of environmental factors affecting water quality in the Illinois River Basin. Noland commented that this study could establish base lines in the watershed with respect to present water quality. Director Orton, seconded by Johnson, made a motion that the Board go on record as supporting the Illinois River Basin study. Mayor Noland announced that a public hearing is scheduled for 7:00 P.M. on May 14, in the Continuing Education Center. in Fayetteville. 131 131.1 131.2 131.3 131.4 Upon roll call, the motion passed, 7-0. Director Orton announced that a copy of information to be discussed 131.5 at the hearing is available at the City Library. ROSE FIRM REQUEST FOR FEE ADJUSTMENT Mayor Noland introduced a request from the Rose Law Form for an adjustment in the bond counsel fee on Wastewater Treatment facility financing. The Mayor asked the City Manager for his recommendation on this request. City Manager Grimes stated that, at his request, the City Attorney submitted a recommendation on this request (included in the agenda). Director Johnson commented that she did not sympathize with a request that the city pay for the work done in connection with implementing legislation under Amendment 62, which Johnson stated was not written for Fayetteville but was written for the State of Arkansas. Directors Orton and Bumpass concurred with Johnson's statements. 131.6 131.7 Director Martin, seconded by Hess, made a motion to deny the request. 131.8 Upon roll call, the motion passed, 7-Q. NWARRA BUDGET AND BILLING Mayor Noland introduced a request from the Northwest Arkansas Resource 131.9 Recovery Authority for approval of a second quarterly budget and billing. Louis Watts, speaking for the Authority, explained that the last couple 131.10 of months have been spent trying to negotiate a construction contract. 139 May 7, 1985 132.1 Watts explained the issue of "limit of liability on damages if the plant does not perform to specifications" is still unresolved. Concerning financing, Watts reported that a letter of credit or some credit enhance- ment source will be necessary for the bonds. 132.2 Director Bumpass asked what work Is currently being performed by Henning - son, Durham and Richardson, Engineering Consultants. Watts explained that the firm's function is to provide engineering expertise and that they have been very active recently in providing input regarding the contracts. 132.3 Watts asked to present the financial issues and major points in the construction contract and the operating contract either at a special meeting or at the next Board meeting. 132.4 Director Lancaster asked how long it would be before the sale of the bonds would take place. Watts explained that financing is proposed to take sixty days, to begin on the day that the construction and operating contracts are approved. In answer to a question from Lancaster concerning how the city would recover its costs should the project fall to materialize, Watts explained that costs could be recovered only through the sale of the bonds. 132.5 Watts stated that a contract was just signed with Henningson, Durham and Richardson to perform a financial feasibility study. Watts stated the price for the facility is a fixed price and is guaranteed by Brown and Root. 132.6 Director Martin asked to be provided with the proforma economics on the project and asked that, in the future, the Board not be asked to approve a budget retroactively. 132.7 Director Johnson expressed concern over the amounts in quarterly budgets for the project and she asked if the bills were just being paid summarily. Watts explained that work has been done under several contracts, which have been presented as estimates, with a breakdown showing tasks which are assigned estimated dollar amounts. Watts commented that no contract has been accepted summarily but that most of the time the Authority has been able to negotiate and lower the price. Watts explained that billing has been done monthly but is on a per diem, not -to -exceed, basis. Director Orton pointed out that City Attorney Jim McCord is the attorney for the Authority and reviews all contracts. 132.8 Director Bumpass commented that he did not think the City Board ever entered into any binding contract for the resource recovery facility. Bumpass stated that although he approves of the project in concept, he does not feel committed to the project. Bumpass added that, because Fayetteville's participation in this project is about 90%, it might be a good idea to refer the project to a vote of the people, in light of the fact that it involves a 20 million dollar bond issue on "an 1 May 7, 1985 elective city service". Bumpass commented that, although the press has reported that an election is not necessary and that there is no intention to call one, he thought that issue is yet to be addressed by the Board. Louis Watts explained that it has not been possible to produce proforma reports because it was not until recently that the issues of the con- struction price and operating costs were resolved. Watts pointed out that, early in the project, commitments to provide solid waste to the facility were made by Fayetteville, West Fork and Washington County. Mayor Noland suggested a special Board meeting be called to hear further the issues under discussion and he asked that the Board act on the request for approval of the second quarterly budget. Director Orton commented that, as long as the Board has been behind the project thus far, it ought to pay its bills, and that the Board can decide the question of further support for the project when the time comes, to act on the .ordinance. Director Orton made a motion to approve the quarterly budget. In answer to a question from Bumpass, Finance Director Linebaugh stated that the Finance Department's only involvement with the quarterly budgets has been the processing of payments. Linebaugh added that, during the budget process, approximately $50,000 was requested for this project and was approved. In answer to a question from Lancaster, Watts explained that the members of the Authority are the governmental entities of Fayetteville, Washington County and West Fork, with the representatives being Marion Orton for Fayetteville, Peg Anderson for Washington County and Butch Bartholomew for. West Fork. Watts added that the Authority is required under law to be audited every two years but that they have chosen to have an annual audit. Director Martin seconded Orton's motion, commenting that the should have been stopped if the city didn't intend to pay the Upon roll call, the motion passed, 4-3, with Directors Orton, Lancaster and Martin voting for the motion and Directors Hess, and Johnson voting in the minority. Director Hess asked that the Board receive proforma reports as possible. WATER AND SEWER TAPPING FEES The City Manager read an ordinance revising the water connection fees. Director Johnson, seconded by Hess, to suspend the rules and place the ordinance on second project bills. Noland, Bumpass as soon and sewer tap made a motion reading. Upon 133 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 134 May 7, 1985 134.1 roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Johnson, 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, 7-0. The ordinance was read for the third time. 134.2 In answer to a question from Director Bumpass, the Mayor explained that the revised fees represent an overall increase in water tapping fees of 24% and an overall increase of sewer tapping fees of 48% over a 2 1/2 year period. 134.3 Director Hess suggested that an exemption be granted for structures which have not yet received taps but which already have building permits. City Manager Grimes commented that an exemption would be no problem in cases where construction 1s already underway, but would not be in order in the case of subdivisions where construction has not begun and there are many lots involved. 134.4 Director Hess, seconded by Buapass, made a notion to amend the ordinance, with respect to its implementation. Upon roll call, the notion passed, 7-0. Upon roll call, the ordinance, as amended, passed, 7-0. ORDINANCE NO. 3088 APPEARS ON PAGE 55 OF ORDINANCE 6 RESOLUTION BOOK )(AI AMENDMENT TO ENGINEERING CONTRACT 134.5 With respect to the request from the Community Development Director for approval of an amendment to an engineering contract to include the surfacing of Cross Street, the Mayor commented that no action was necessary since the change is being made within the same fund. CHANGE IN LEASE/ATLANTIC SOUTHEAST AIRLINES 134.6 Director Lancaster introduced a request for approval of a change in the city's lease agreement with Atlantic Southeast Airlines for terminal space at Drake Field. Director Lancaster, seconded by Johnson, made a motion to authorize the City Attorney to make necessary changes in the lease agreement with Atlantic Southeast Airlines. Upon roll call, the motion passed, 6-0-1, with Director Martin abstaining because he did not know what changes would be made to the lease. 134.7 Lancaster explained that the lease is binding for three years but originally stipulated that the lessee would be evaluated on an annual basis and rates would be subject to change. Lancaster explained that the lessee objected to the annual evaluation aspect of the contract. 1 May 7, 1985 ADMINISTRATION OF DWI PROGRAM Director Hess pointed out that the Minutes of an April 1st meeting regarding the DWI Program indicate that it is Judge Williams' understanding that John Starkey is to concentrate on collections and has not been delegated to administer the DWI Program. Hess stated it was his recol- lection that part of the reason for approving full-time status for Starkey was so that he could administer the DWI Program. Hess asked that it be forcefully expressed to the Judge that Starkey was given full-time status in anticipation of the fact that he is to administer the DWI Program. Director Martin concurred with Director Hess, and remarked that the DWI Program was placed under the supervision of Judge Williams in order to provide a resource for those persons unable to pay fines, but willing to work off their fines. Martin added that the administration of the program was to be assigned to the Judge and delegated to the Bailiff. Martin noted that the Minutes also indicate there is some misunderstanding as to whether department heads are to assume responsi- bility esponsibility for those persons assigned to them through the DWI Program. Martin stated that it was his understanding that the Bailiff was to coordinate with the department heads, assign the public workers to a department, and that the direct supervision would be conducted by the field supervisor. At Director Martin's suggestion, it was the consensus that the City Manager, as the Board's liaison with the Judge, should communicate the Board's intentions to the Judge and should notify the Board of the Judge's response. SIDEWALK ON WEST AVENUE City Manager Grimes requested formal Board approval for a sidewalk (already informally approved by the Board) to be constructed on the east side of West Avenue. Grimes added that the project would require no additional funding. Director Bumpass, seconded by Johnson, made a motion to approve the request. Upon roll call, the motion passed, 7-0. MINUTES The Minutes of the April 16, 1985 meeting were approved with the following corrections: 109.1 Add "east of the sentence. 110.9 Change "Utilities Director" City Library" to the end of the first Superintendent" to "Utility Engineer/ 135 135.1 135.2 135.3 135.4 136.1 The meeting adjourned at about 11:35 P.M.