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HomeMy WebLinkAbout1985-09-17 MinutesMINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 17, 1985, at 7:30 P.M. in the Board Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Hess, Johnson, Lancaster, Martin and Orton; City 'Manager Grimes, Assistant City' Manager McWethy, City Attorney McCord, City Clerk Kennedy; members of the press and audience ROLL CALL The meeting.was called to order by Mayor Paul Noland, with seven Directors present. The Mayor asked for a moment of respectful silence. IN MEMORY OF BILLIE SCHNEIDER Director Bumpass read a resolution in memory of a Fayetteville citizen, Billie Schneider, who died on Saturday, September 14, after a long illness. Bumpass asked that this memorial be incorporated into the record, as follows: Born: Died: A Moment of Memory Billie Schneider • December 15, 1925, Rudy, Arkansas September 14, 1985, Fayetteville, Arkansas From time to time, noteworthy events ottur which mark the passage of time. The death of a well-respected citizen of our community is certainly an event which requires that we take notice and evaluate our own lives and put a perspective on history. This statement is a brief attempt to recognize the 4passing of Mrs. Billie Schneider who died on Saturday, September 14, 1985, after along illness. Billie was a well-known restauranteur and saloon keeper in Fayetteville. She had been, since the early 1970's, a fixture in the political scene for Northwest Arkansas in particular and the State of Arkansas as well. Her association with the Stagehouse Restaurant, the Town Club of the Mountain Inn, and more recently the Brass Monkey, are well known to the leaders of our City, County and State government. She was beyond all a Yellow -Dog Democrat. Her allegiance to a particular set of philosophies or political issues was not as strong as her unabridged loyalty to her candidates for political 291 291.1 afA September 17, 1985 office. She was never a person of enormous financial means, however, she was personal confidante and political advisor to many who have led our State in the past and will lead it in the future. Billie was also known as "Mama" to hundreds of residents of our State, former University of Arkansas students, and Razorback athletes. Her charitable work with the aged and infirm and provisions of food on special holidays was also well -noted in the community. She served as a Commis- sioner on the Fayetteville Advertising and Promotion Commission, at its inception, which was an integral part in the development of the University of Arkansas' Center for Continuing Education and the Hilton Hotel on the Fayetteville Square. She served as a member of the Commission from 1977 to 1981. She will be long remembered for her generous actions towards people and her humanism toward all who knew and loved her. She will be missed for sure. Our condolences. 292.1 Director Bumpass asked that this memorial be sealed and certified and given to the family of Mrs. Schneider. ENGINEERING AMENDMENT 292.3 The Board considered a resolution authorizing the Mayor and City Clerk to execute an amendment to a contract for engineering services with McClelland Consulting Engineers. The Mayor explained that at the August 20 meeting, the proposal for the design of an access road through Gregory Park was presented. The Mayor reported that the proposed route was met with opposition from the area residents as well as from the City Parks and Recreation Advisory Board and, as a result, the engineers were told to consider alternative routes, one of which is contained in the amendment before the Board (an exit to the east at the north edge of the V.A. Grounds). 292.4 Director Johnson, seconded by Orton, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 100-85 APPEARS ON PAGE 442 OF ORDINANCE & RESOLUTION BOOK XXII 292.5 In answer to Mayor Noland, Engineer John Quinn stated that the design work should take approximately three weeks, and that preliminary infor- mation would be brought before the Board in the near future. SOLID WASTE COMMITTEE REPORT 292.6 Director Johnson reported on the Solid Waste Committee meeting held Friday, September 13. Johnson reported that the committee has been meeting on Fridays, with the next meeting being scheduled for 1:00 September 17, 1985 P.M. on September 20. Johnson explained the committee would discuss the issue of privatization of the Solid Waste Project. She also reported. that preliminary proposals. would be reviewed by the committee. Johnson reported that at a September 13 meeting the committee reviewedthe contract guarantees negotiated by the Resource Recovery Authority for construction and operation. SIDEWALK CONSTRUCTION/DRAKE ROAD The Board considered a recommendation from the City Manager that Bills of Assurance for the construction of a sidewalk along the south side of Drake road, west of College Avenue, be called at this time. Director Orton, seconded by Hess, made a motion to approve the recommen- dation. Upon roll call, the motion passed, 7-0. TOWNSHIP ROAD CONSTRUCTION The Board considered the award of bid for the construction of Township Road, from Old Wire Road to Highway 265 North, and the connection of Bois De Arc Lane to Twelve Oaks Drive. The Mayor reported that two bids were received and that the Street Superintendent, Clayton Powell, had submitted a recommendation. Director Orton noted there was,.a $2,084.15 difference between the asphalt and concrete bids. Orton commented that normally, when the bids are that close, the Board chooses the concrete bid because of lesser maintenance over a long term. Orton stated that, by eliminating the Bois De Arc part of the project, .the concrete bid would be the low bid. Orton commented that, since there is a cost overrun, she thought the Bois De Arc work could be bid at a separate time. Director Johnson reported that she had made inquiries regarding the specifications and was told the McClinton -Anchor bid is for 8. 1/2" of cement -treated base with a 2" asphalt overlay, and that the other bid is for 6" of concrete. Director Johnson asked the Street Superin- tendent if' it was projected to expand Township road to four lanes. Powell responded that additional right-of-way would have to be obtained. He added that he thought traffic counts would warrant four lanes at some time in the future, but not the very near future. In response to a question from Johnson, Powell stated that concrete was easier to maintain than asphalt. Director Hess asked what basis there was for choosing to award the bid for the asphalt street. Powell responded that there was an attempt to make the street sections and the bidding as competitive as possible, using the American Association of State Highway Official Structural Numbers. Powell reported that 6" of concrete (using a .5 structural number per inch) is rated a 293. 293.1 293.2 293.3 293.4 293.5 293.6 293.7 294' 294.1 September 17, 1985 3.0 structural number. Powell stated the consultant, in revising the street specifications, recommended 2" of SB2 under concrete (SB2 being a .14 structural number per inch), rating the concrete section a 3.28 structural number, compared to the 8 1/2" of cement -treated base and 2" of asphalt, which is rated a 3.005 structural number. In answer to Director Hess, Powell stated that concrete would be struc- turally stronger but he noted that both methods have a twenty-year life, according to the engineering design. Powell told the Board the specifications had been written by Milholland Engineering Company. Powell added that he recommended acceptance of the engineer's recommen- dation, that the contract for both Township Road and Bois De Arc Lane be awarded to McClinton -Anchor, the low bidder. 294.2 Director Hess asked if it would be possible to award the low bid for each part of the project. Director Lancaster commented that he wouldn't advocate "monkeying around with the figures". Director Lancaster asked how Bois De Are became a part of the project. Powell explained that, sometime in the past, the Planning Commission decided that Bois De Are Lane should not connect between the Brookside East and East Oaks Subdivisions, until such time as Township Road project takes place. 294.3 Director Martin noted that the bid amount was over -budget and he commented that removing the Bois De Arc part of the project would bring the amount down to a "manageable budget level". Martin remarked that if the Bois De Arc project could not be eliminated, he would vote against the total project. The City Attorney noted that Director Martin's comments raise the question of whether a contract can be awarded when the budgeted amount is less than the amount of the bid. McCord noted that it was his understanding that the Bois De Arc portion of the project was part of the base bid. McCord quoted from the compet- itive bidding statute which states: 294.4 In the event that all bids submitted exceed the amount approp- riated for the award of the contract, and providing bidding on alternatives was not required by the plans and specifications, the state agency [which includes municipalities] or its designated representative, shall have the authority to negotiate an award with the apparent responsible low bidder, provided the low bid is within 20% of the amount appropriated. 294.5 McCord noted that, in this case, the low bid is within 20% of the amount appropriated. McCord stated that, at the request of the City Manager, he prepared an Opinion on the legality of awarding a bid to other than the lowest responsible bidder. McCord distributed the Opinion to the Directors and summarized it, noting that a legal ency- clopedia states the rule to be: 294.6 In proper circumstances a contract may be awarded to one who is not the lowest bidder, when this is done in the public September 17, 1985 • interest, in the exercise of discretionary power granted under the laws, without fraud, unfair dealing, or favoritism, and where there is a sound and reasonable basis for the award as made. The City Attorney then noted that the Arkansas Supreme Court, in Worth James Construction Company v. Jacksonville Water Commission, had quoted with approval the following rule,.in 27. A..L. R. 2d 917, .924 (1953): Where .public officials have the' -right to reject any and' all bids for a public contract, the view is generally taken that they may consider the differences or variations in the character or quality of the materials, articles, or work proposed to be furnished by the various bidders, in: determining whether to accept any of the bids, or which bid to.accept. , Director Martin suggested, in light of the issue of fairness to both contractors, that the Street Committee be asked to review the issue and make a recommendation. After further discussion, Director Lancaster, seconded by Orton, made a motion to award the contract for the entire project to the high bidder on the basis that the maintenance costs would be lower. Lancaster added that the Finance Committee and Street Committee can make decisions regarding the Poplar Street bridge and the low water bridge, so that no additional money will be needed for this year. Lancaster remarked that he made the motion reluctantly because he thought that, if .the Board is uncomfortable with specifications, they should be -adjusted before bids have gone out. In answer to Director Hess who noted the project would be approximately $20,000 over budget, City Manager Grimes stated there were sufficient funds available to cover the project. Director Hess commented that the difference in the total bids was approximately $2100 and the Board's sentiment -is that there would be considerably more than that in savings in terms of long range main- tenance for the street. Director Bumpass remarked that there was a 15% to 20% difference in the bids for Bois De Arc. The Street Super- intendent explained that Bois De Arc was bid with 5" of Portland cement concrete (a higher quality) by the high bidder, and with 4 1/•2" of cement -treated base by the low bidder; which Powell stated was.a signif- icant difference. Ruben Liner Jr., Vice President of Construction for McClinton Anchor, commented that his company had submitted their bid in good faith, based on an engineer's estimate that the two sections were equal. Liner stated he thought there was no reason to think that concrete versus the other treatment was any better. Liner remarked that this 295 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 296 296.1 September 17, 1985 was the second time the Board had thrown out a low bid because they prefer concrete and he stated this was not fair. Director Hess pointed out to Linei that McClinton -Anchor had not in fact submitted the low bid for the Township portion of the project. Liner added that the Board, in arbitrarily awarding the high bid, was going to create a problem in getting qualified bids in the future. 296.2 In answer to a question from Director Hess regarding the difference in structural strength between the two bids for Bois De Arc, Powell provided the following figures: 5" of Portland cement concrete has a 2.5 structural' number; 4 1/2" of dement treated base with 2" of asphalt is a 2.005 structural number, with a difference of .45 between the two. In answer to the Mayor, Powell stated both met or exceeded the specifications. 296.3 The City Attorney stressed that it was important for the Board to make a decision on the basis of the way the project was bid - without deductive alternates, and on whether there is a "sound and reasonable basis" for awarding to other than the low bidder. 296.4 Director Hess asked if the bids would be more comparable in price if the 5" of Portland cement concrete could be reduced to 4". Powell stated that, although the Portland Cement Association recommends a 4" thickness for local streets, he has not yet accepted that recommendation and prefers to stay with 5". 296.5 Director Johnson stated she thought the Board had been given less than adequate information for making a decision. Johnson asked that there be more flexibility in the award of bids such as these. Director Bumpass stated he thought it was an error for the Street Committee not to have reviewed the bids prior to the meeting. 296.6 Upon roll call, the motion passed, 5-2, with Directors Lancaster and Noland voting in the minority. Director Hess stated he did not think the Board's decision was arbitrary and he expressed hopes that it would not lead to a situation where the city can't get qualified bids. Hess agreed that the Directors should receive more paperwork with which to make their decision. BID AWARD 11640/LIQUID CHLORINE 296.7 The Board considered the award of Bid #640 for liquid chlorine for the Pollution Control Plant. Mayor Noland reported that three .bids were received, with Thompson Hayward of Tulsa, Oklahoma being the low bidder, bidding .1663 (net bid in lb.). 296.8 Director Bumpass, seconded by Johnson, made a motion to award the bid to the low bidder, Thompson Hayward. Upon roll call, the motion passed, 7-0. September 17, 1985 FAA GRANTS The Board considered a resolution authorizing the Mayor and City Clerk to execute two Federal Aviation Administration grants - one for the east parallel taxiway and taxiway lights at Drake Field, and one for land acquisition. Ede Hogue, speaking on behalfof the Airport staff, reported that a pre -construction conference is scheduled for Friday, September 20, regarding the first grant. Director Johnson, seconded by Orton, made a motion to approve the 297.3 resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 101-85 APPEARS ON PAGE 445 :OF ORDINANCE &'RESOLUTION BOOK XXII 297 297.1 297.2 ADVERTISING LEASES The:Board considered a resolution•.authorizing:the Mayor to execute leases for advertising . space in the Drake - Building, with Best Western -The Inn and with the Hilton Director Johnson, seconded by Bumpass, made a motion resolution.' Upon roll call, the motion passed, 7-0. RESOLUTION NO. 102-85 APPEARS ON PAGE 505 OF ORDINANCE & RESOLUTION BOOK XXII and City Clerk. Field Terminal Hotel. to approve the BID AWARD 11647/HANGAR DOOR SYSTEM The Board considered the award of Bid #647 for the installation of a new hangar door system on the south end of the large hangar building at Drake Field. Ede Hogue explained that the south doors cannot be closed and money has been budgeted to replace them with a lightweight material. Hogue noted that this item was put up for bids, and one bid was received from the person who did the work on the doors for the north end of the hangar. Hogue noted however that the bid came in over the staff's estimate of $4,000. Hogue explained $3400 remains in an account which was slated for the repair of the floor in the hangar, and that $1450 of that amount could be used, eliminating the need fora budget adjustment. Director Johnson, seconded by Hess, made notion to 'award the bid. In -answer to Director Johnson,-- Hogueestimated the project to take six weeks at the most to complete. . 297.4 297.5 297.6 297.7 297.8 !98 September 17, 1985 298.1 Upon roll call, the motion passed, 7-0. 298.2 Ede Hogue thanked the Directors for their support for Air Show '85. Hogue reported there was a tremendous turnout and a great response from the public. Hogue added that there was also support from other city staff, specifically the Parks, Sanitation, Street and Finance Departments. 298.3 Mayor Noland expressed thanks -to the 'Commanding Officer of the Air National Guard for their cooperation and voluntary involvement in the Air Show. Director Laneastei, seconded by Bumpass, made a motion to approve a resolution of thanks. Upon roll oall, the motion passed, 7-0. RESOLUTION NO. 103-85 APPEARS ON PAGE 520 BOOK XXII 298.4 Director Bumpass asked Hogue for an estimate of total ticket sales from the Air Show. Hogue responded that, although the final 'tally had not been completed, the last tally on tickets and concessions was at around $10,000, that an additional $800-$900 is expected to be received from concessions. Hogue reported the cost of the Air Show to be around $9100. The Mayor acknowledged the work done by employees Ken Smith and Craig Mauritson in building the Republic Airlines ticket counter. Director Hess expressed his personal thanks to Smith and Mauritson for working long hours to finish the ticket counter. OF-ORDINANCE,&:RESOLUTION • OTHER BUSINESS F-1, "FLOOD" REZONING 298.5 The Board considered the issue of the necessary rezoning of one tract of land which in the past has been zoned F-1 (the Board having passed an ordinance on September 3 to delete F-1 zoning). 298.6 Director Bumpass, seconded by Johnson, made a motion to refer the rezoning to the Planning Commission. Upon roll call, the motion passed, 7-0. PUBLIC HEARINGS ,:298.7 Mayor Noland announced that a publichearing:is scheduled to be held during the regular Board meeting of October 1, for input from citizens regarding the 1986 Community Development Block Grant budget. 298.8 Director Johnson reported that a public hearing on Amendment 59 is scheduled for Thursday, September 26 at 7:00 P.M. in City Hall. Johnson explained that Amendment 59 was adopted to offset the substantial 299 September 17, 1985 tax increases expected with the statewide court-ordered reappraisal 299.1 of property to market value. Director Bumpass asked for an estimate of the expense to the city to provide arrangements for the Amendment 59 public hearing. Assistant City Manager McWethy estimated the expense to be less than $50. ORDINANCE AMENDMENT/SETBACK REDUCTIONS City Attorney McCord reported the Planning Commission minutes reflect that the intent, in proposing the ordinance to allow construction of single-family dwellings at reduced setbacks, was for the ordinance to apply to both new dwellings and the repair of or additions to existing dwellings. McCord explained that he was not aware of that intent when he drafted the ordinance. McCord proposed the reading of an ordinance to incorporate that intent. The City Attorney read the 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. McCord 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. McCord read the ordinance for the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3124 APPEARS ON PAGE BOOK XXIII 397 OF ORDINANCE & RESOLUTION ORDINANCE TO PROHIBIT PICKETING 299.2 299.3 299.4 The City Attorney reported the Board had received a memo from the 299.5 City Prosecutor, pointing out that there is an existing State statute which prohibits the picketing of single-family residences but contains exemptions to authorize such picketing by labor unions - and because of that exemption the statute is unconstitutional. McCord explained the Prosecutor proposes the city pass an ordinance which would prohibit picketing outright, in order to cure the defect in the State statute. McCord read the ordinance for the first time. Director Bumpass, seconded 299.6 by Orton, 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 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. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3125 APPEARS ON PAGE 398 OF ORDINANCE & RESOLUTION BOOK XXIII 300 September 17, 1985 ARKANSAS -OKLAHOMA COMPACT COMMISSION 300.1 Director Johnson announced that the Arkansas Oklahoma Compact Commission will hold a meeting on September 26 in Fort Smith, and she suggested some Board or staff member attend this meeting. BOARD/COMMISSION JOINT MEETING 300.2. Mayor Noland asked Board members to submit any additional items they wish to discuss on September 24, at the City Board/Planning Commission joint meeting, so that an agenda can be prepared. LAKE WILSON 300.3 In answer to a question from Director Bumpass, City Manager Grimes reported that the cause of the drop in the water level at Lake Wilson has still not been determined. Grimes reported work on this problem is continuing. MINUTES 300.4 The minutes 'of the September 3 meeting were approved as circulated. ADJOURNMENT With no further business before the Board, the meeting adjourned at about 8:58 P.M. •