Loading...
HomeMy WebLinkAbout1985-10-15 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 15, 1985, 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 CALL TO ORDER The meeting was called to order at 7:30 P.M. with six Directors present. The Mayor asked for moment of respectful silence. CITY MANAGER ENDORSEMENT Mayor Noland, referring to the Board's action on October 6 to grant the City Manager an educational sabbatical, stated the action was intended to indicate the Board's strong support for the City Manager. Noland stated it seemed wise at this time for the Board to reaffirm their support for Mr. Grimes. Noland made a motion for approval of the following resolution: That Don Grimes, City Manager, has the full endorsement. and support of the Board of Directors. Director Johnson seconded the motion. Director Martin commented that the actions of the Board seem to have been taken out of context. Martin stated there was never any indication that the Board had anything but the desire to support the City Manager in "getting the city back on the track". Martin stated he would vote for the resolution if it is meant in support of the City Manager during his training program and when he comes back, but he would not .vote for the resolution if it is in support of the way the city is organized and operated right now. Mayor Noland stated he thought this resolution reflected the same sentiment as was expressed by the Board at the Retreat. Noland added that, in view of "some comments and actions which have taken place since that time", he and some other -Board members were in favor of passing the resolution. Upon roll call, the motion passed, 5-1, with Director Martin voting in the minority and Director Bumpass not yet present. RESOLUTION NO. 106-85 APPEARS ON PAGE 1 . OF ORDINANCE & RESOLUTION BOOK XXIII 335 335.1 335.2 335.3 335.4 335.5 335.6 335.7 • 3a6 October 15, 1985 COMMUNITY DEVELOPMENT BUDGET 336.1 The Board considered approval of the 1986 Community Development Block Grant budget. The Mayor noted the public hearing regarding this budget was held at a Board meeting on October 1. The Mayor pointed out that the C.D. projects are situated in areas of the city where mostly low and moderate -income residents live. The Mayor explained that Directors had prepared priority lists from those projects proposed for 1986. 336.2 Director Orton stated the total amount of funding might cover the top eight projects on the priority list. The Mayor listed those as follows: Item: 'Requested Priority: Amount: Housing Rehabilitation 125,000 1 EOA Weatherization 3,500 2 Holly Street improvements 33,583 3 Giles Addition water mains & fiie hydrants 35,000 4 Sycamore Street extension 18,000 5 Wood Avenue sidewalk, curb and gutter 21,060 6 Wyman Roadfire hydrants 4,500 7-8 Wedington Drive drainage project (To,be determined) 7-8 336.3 Regarding the sidewalk on Wood Avenue, Director Orton pointed out there wasn't room on one side of the street because a house is so close to the street; and to build it on the other side would require moving a row of telephone poles. Orton suggested the funding for the Wood Avenue sidewalk be added to the Wedington Drive drainage project. •336.4 Director Johnson noted there is approximately $100,000 in the budget this year for the first phase of the Wedington Drive drainage project, leaving $102,000 for next year. 336.5 Director Johnson proposed that the sidewalk projects be considered as a part of the regular sidewalk budget, so that those can possibly be built with local funds rather than C. D. funds. C. D. & Planning Director Sandra Carlisle noted that she would discuss this matter with Street Superin- tendent Clayton Powell. 336.6 Carlisle requested $10,000 be held out of the Wood Avenue funding for contingencies, to cover any cost overruns which may occur (for such items as easements and utility relocations), with the budget for 1986 being as follows: Administration Housing Rehabilitation EOA Weatherization Holly Street improvements Giles Addition fire protection $80,450 125,000 3,500 33,583 35,000 October 15, 1985 Sycamore Street extension 18,000 Wyman Road fire hydrants 4,500 Contingencies 10,000 Wedington Drive drainage 92,367 Director Orton, seconded by Hess, made a motion to approve the funding as proposed by Carlisle., Director Johnson moved to amend the motion, proposing that the $10,000 for contingencies be held out of Housing Rehabilitation. Johnson explained that she thought it would be easier, if there are no cost overruns, to return funds to Housing Rehabilitation than it would be to return funds to Wedington Drive drainage. Director Lancaster seconded the motion. Upon roll call, the amendment failed to pass by a vote of 3-3-1. Directors Noland, Johnson, and Lancaster voted "yes"; Directors Orton, Hess and Martin voted "no"; Director Bumpass abstained, having arrived shortly before the vote was taken. Upon roll Call, the motion as proposed by Director Orton passed, with Directors Orton, Hess, Noland, Lancaster and Martin voting Director Johnson voting "no", and Director Bumpass abstaining. RESOLUTION NO. 107-85 APPEARS ON PAGE 2 OF ORDINANCE & RESOLUTION BOOK XXIII 337.1 337.2 5-1-1, 337.3 "yes", Director Lancaster asked Carlisle to furnish the Board with a list of houses and expenditures under the Rehabilitation Project last year. SOLID WASTE PROJECT In reference to an ordinance which would authorize the issuance of Solid Waste Management Revenue Bonds by the Northwest Arkansas Resource Recovery Authority, Director Lancaster made a motion this be tabled indefinitely until some Director brings it back before the Board. Director Orton seconded the motion. In answer to a question from Director Hess regarding the reason for further tabling the issue, Director Orton explained it was tabled last time in order to study the possible siting of the facility at the city's sewage treatment plant. Orton added that it was being tabled again until she can bring further information to the Board regarding that proposal. Hess commented that it made no sense to continue tabling the issue. Upon roll call, the motion passed, 5-1-1, with Director Hess voting "no" and Martin abstaining. Director Orton explained that Henningson, Durham, and Richardson (engi- neering consultants for the Resource Recovery Authority) have proposed 337.4 • 337.5 337.6 337.7 337.8 337.9 338::. October 15, 1985 338.1 six tasks, the first of which would include: an examination of the facility site, a determination of where the facility would be place, soil testing, and a determination of any cost changes. Orton reported that the cost of Task One would be $5,040 and would cover 90 hours of work. 338.2 Director Orton made a motion that HDR proceed with Task One, and that the engineering expenditure of $5,040 be allowed for the facility site study. 338.3 Mayor Noland asked if some of the work included under Task One could be done locally. 338.4 Director Hess remarked that he could not vote to allocate funding when he had not seen any information regarding the scope of the work. 338.5 Director Orton read the following: Site Characteristics - HDR will identify the parcel of land near the site at the City of Fayetteville Wastewater Treatment Plant that is well-suited for the facility. We will identify the land owner availability and price, if any, as stated by owner. We will attempt to use city -owned property when feasible. HDR will use current site data for its sub -surface characteristics and determine if new data is required to properly assess the site. If new data is required, we will develop a scope and cost estimate for obtaining such data. If sufficient data is currently available, we will estimate the difference in capital cost of the facility to relocate from the planned site on Razorback Road. 338.6 Director Johnson asked if this decision should be made by the Board or by the Authority. Director Orton stated the Fayetteville City Board "essen- tially is acting as the Authority" since the Authority has no funds for engineering expenses. Director Lancaster suggested it might be appropriate to wait until the next Board meeting, with the Authority in the meantime "pursuing the contract with the utility that is going to be involved at the plant", and that the Authority then present a report to the Board. 338.7 Director Orton remarked that, of the six tasks proposed by HDR, most of the work could be done by the Project Director, with only Task One being performed by HDR. 338.8 Director Hess recommended there be further consideration of privatization of the project, with three specific firms in mind -- Ogden -Martin, Morrison- Knudsen, and Raintree. 338.9 After further discussion, it was noted that regarding figures for electricity versus steam. figures were very preliminary and not a final informationwas available Mayor Noland stated these assessment. Noland asked • October 15, 1985 if there should be a final determination made on that issue before spending any more money on site determination. Director Hess asked Project Director Louis Watts if he could accomplish some of the work being discussed. Watts noted there is a possibility that some information, such as ability of soil and rock structures to support a building, may be available from the sewage treatment plant struc- ture. Watts noted the second task concerns a change in specifications and he stated the remaining tasks could be done locally. Director Bumpass pointed out that McClelland Engineers, which has been involved in the work on the sewage treatment plant, could perhaps be contacted regarding some of the work. Watts noted that HDR would probably sub -contract most of the work to McClelland. Director Johnson proposed that McClelland be contacted directly rather than through HDR. After further discussion, Director Hess asked Louis Watts and Scott Linebaugh 339.4 to make a determination (projected over 10-20 years) as to how much electricity we would be able to generate to the Wastewater Treatment Plant, what the savings would be from that, what the reduction in revenues would be versus steam generation, and the total impact on revenue if the same facility is moved to a new site. Director Bumpass asked that information be provided concerning the difference in hauling costs. Director Orton suggested to the City Manager that, if the sanitation routes are reorganized, those savings could go towards the plant, without there being an impact on the current rate structure. Mayor Noland stated the Board should determine which alternatives they prefer - and whether trash service remains at twice -a -week, backyard pickup. Director Orton suggested some of those determinations be made at a Solid Waste Committee meeting. Director Hess further requested that Watts and Linebaugh use the projected 339.6 cost savings within the, Sanitation Department, assuming sanitation fees remain the same, project the consequent savings and relate them to initial capital cost expenditures for the incinerator. 339.1 339.2 339.3 339.5 It was clarified for the City Attorney that the intent is for the staff to provide the information being requested without the assistance of HDR. Louis Watts asked if contract terms should be pursued with Ozarks Electric Cooperative. It was generally agreed that some preliminary terms could be pursued. Director Orton introduced an ordinance that would expand the membership of the Resource Recovery Authority. The City Attorney explained the ordinance he was asked to draft would provide that all members of the City Board would serve as members of the Authority, with there also being one member each appointed by the governing bodies of the Quorum Court and the City Council of West Fork. McCord explained that, to accomplish this change, the Quorum Court and the West Fork City Council must adopt similar ordinances. 339.7 339.8 339.9 October 15, 1985 340.1 McCord asked the Directors for input regarding the ordinance he drafted. Director Orton suggested an amendment to the ordinance, with the following addition to be made (shown in bold type): • "Seven directors shall be those individuals comprising the Fayette- ville Board of Directors, or individuals appointed by the Fayetteville Board of Directors." 340.2 Orton stated she thought there could be instances when a Director might not wish to serve on the Authority or, because of a conflict of interest, have to abstain from voting on an issue and therefore should not have to attend meetings of the Authority. Orton commented that she hoped at least a majority of Authority members would be City Directors. • :340.3 The City Attorney read the ordinance for the first time, incorporating the addition suggested by Orton. 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, 6-0-1, with Martin abstaining. The ordinance was 'read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 6-0-1, with Martin abstaining. The ordinance was read for the third time. Upon roll call, the ordinance passed, 6-0-1, with Martin abstaining. ORDINANCE NO. 3127 APPEARS ON PAGE 400 xxJII OF ORDINANCE & RESOLUTION BOOK V.A. ACCESS ROADWAY 340.4 The Mayor introduced a presentation by McClelland Consulting Engineers, of a proposed access roadway, running from the V. A. Medical Center Grounds to North College Avenue. 340.5 V. A. Administrator Dan Kadrovach noted, as background, that the V. A. had donated 20 acres to the city for Gregory Park. Kadrovach pointed out that,'with the growth in the city, the V. A. Medical Center is experiencing a severe hazard at its point of entry and exit off College Avenue. Be explained they have studied the problem for more than four years, have obtained funds to construct a new access road, and have appeared before the Parks Board, the Street Committee, and the Board regarding the construction of the road through Gregory Park. Kadrovach noted the PRAB had made strenuous objections to any kind of roadway, although the Street Committee and Board of Directors approved their request to proceed with a design. Kadrovach explained that, when the design was reviewed at the August 20 Board meeting, a proposed route to go through the Park to Sycamore Street was met with opposition from the PRAB and area residents, and the engineers were told to consider alternate routes. Kadrovach stated they did not believe the alternate route they now propose will produce an access road as good as the one originally proposed, but they feel it is feasible. • October 15, 1985 John Quinn spoke on behalf of McClelland Consulting Engineers. Quinn stated the alternative route which was met with most favor by committee representatives was one which heads eastward from the V.A. Center and intersects with College Avenue. Quinn explained the engineers were given two tasks: (1) to ascertain the feasibility of constructing the roadway along the alternative route; and (2) if feasible, to establish a preliminary cost estimate. Quinn stated the alternative route is feasible to construct and the cost estimate is approximately $130,000. In answer to a question from Director Orton, Kadrovach noted that the Highway Department had not yet visited the site but that a stop light would have to be moved about 50 yards south, and some ramping would be necessary to the Evelyn Hills Shopping Center. Kadrovach stated that representatives for Evelyn Hills Shopping Center were generally in favor of the changes. In answer to a question from Director Bumpass regarding the cost of the changes, Quinn responded that, of the $130,000 estimate for the project, $80,000 would cover the road itself. Quinn also told Bumpass that the committee which met to discuss the alternative route consisted of a V. A. representative, a McClelland representative, the city's Street Superintendent and the city's Traffic Superintendent. Kadrovach clarified that the existing entry/exit to the V.A. Center would remain, but would be used for south turns only. Director Hess commented that a splendid job had been done by those involved in pursuing this alternative route, and he noted the savings of $50,000 from the original route which was estimated to cost $180,000. Director Hess, seconded by Orton, made a motion to adopt McClelland's proposal. Upon roll call, the motion passed, 7-0. PERFORMANCE AUDIT IMPLEMENTATION Director Martin, speaking on behalf of the Board Finance Committee, reported the committee met (with all seven Directors present) on October 11. Martin reported that one recommendation contained in the recent Arthur .Young Performance Audit was that Arthur Young be engaged to train city employees in a Resource Management System program. Martin reported that a more detailed presentation of that program was made at the committee meeting. Martin noted that, in the course of discussion, there were good reasons presented both for proceeding as quickly as possible with the program, and for postponing such training. Martin added that the city staff had, in the past, already proposed some training for employees. Martin noted that the proposed reorganization and proposed hiring of additional staff members was also discussed, but that there was no consensus and the Finance Committee had no recommendations. 341.1 341.2 341.3 341.4 341.5 341.6 34" October 15, 1985 342.1 Director Johnson proposed the implementation of the performance audit and accompanying steps to be performed in the following order: 1. A Board Personnel Committee formed: a. to discuss personnel matters as they relate to the City Manager and Interim City Manager; b. to review job descriptions and hiring procedures for reorgani- zation; c. to begin morale raising activities including employee relations through better communications; d. to review the Fair Labor Standards Act and city compliance; e. to review pay plan; f. to review Workmen's Compensation and Safety Program implemen- tation; g. to identify and evaluate strategic management plan of City Manager. 2. Begin supervisor training immediately. Have personnel officer proceed with professional selection process based on R.F.P.'s received from prior advertising. Training should take 8-10 weeks. 3. Begin implementation of performance audit immediately. Board accept report and assign priorities to items for change. 4. Board jointly identify with Don Crimes strategic management objectives for educational sabbatical. 5. Hire Interim City Manager 6. Hire three superintendents (super department heads) and begin reorganization of departments into three categories. 7. Following supervisor training, have supervisors and employees suggest cost-effective measures, evaluate and implement. 8. Evaluate resource management system or other alternatives. 9. Do not proceed with Phases 2 and 3 of the Performance Audit, for the reason that if departments are undergoing change, a review of them at this time would cause more confusion. 342.2 Director Bumpass noted that the Board had discussed Item 1A and he suggested that, following Item 1A, Item 4 be undertaken, followed by Item 5, and then Item 3. Bumpass commented that he hoped the Interim City Manager would be able to make a decision regarding the implementation of the remaining items. October 15, 1985. Director Hess stated he saw a need for a Board Personnel Committee but 343.1 only on a temporary basis and during a transition period. Hess stated he thought the first step should be the hiring of the Interim City Manager, who would discuss educational objectives with the City Manager. Hess stated he thought the logical choice for an Interim City Manager would be Jim Murphy, commenting that since Murphy had conducted the Performance Audit, he would be familiar with a good many of the personnel and with the existing structure. Hess proposed this be done immediately, with implementation of the other aspects of the audit to follow. Hess stressed that this proposal does not infer that the City Manager should immediately begin his sabbatical. Director Orton proposed that the City Manager be included in the hiring process of the Interim City Manager, and that during the six-month period, the Interim City Manager either meet with or send reports to the City Manager on a regular, perhaps monthly, basis. Orton also proposed that the City Manager be involved in the hiring of the three superintendents. Orton stated she thought it important that the City Manager, upon his return, have personnel with whom he feels he can work. City Manager Grimes commented that Orton's idea made sense, stating he would want to have confidence in the personnel he would supervise. Director Lancaster stated he thought the three superintendents should be hired before the City Manager leaves for sabbatical, after which the Interim City Manager should be selected. Mayor Noland asked if any member of the audience wished to comment. Bob Ellis identified himself as a 15 -year resident of Fayetteville and made the following comments. Ellis stated he had not had an opportunity to read the Performance Audit report but that, in terms of trash collection, he would plead that services remain the same. Ellis commented that he would rather pay more for the service than see it changed to curbside pickup. Ellis also stated he found it difficult to believe how the Board, unless it had previous information, could make such a rapid decision to grant a sabbatical for the City Manager. Ellis stated he wouldn't want to be in the City Manager's shoes and be gone for six months, only to return to manage an organization which he hadn't had a hand in creating. Ellis pointed out there are many short courses available nationwide, including those locally available at the University of Arkansas. In terms of reorgani- zation, Ellis asked if the implementation of the Arthur Young recommendations would result in enough cost savings to offset the substantial additional costs of three new department heads. Ellis concluded by remarking that he had the feeling the report did not precisely explain in detail how the improvements will be made, or what kinds of studies will be performed in order to make the improvements. Mayor Noland told Ellis he would appreciate hearing more of his comments after he had read the report. William Giese, resident of Zion Road, remarked that the only facets of the city organization he ever sees are the street, grass cutting, and 343.2 343.3 343.4 343.5 343.6 34.4 • October 15, 1985 344.1 sanitation crews. Referring to some of the audit recommendations regarding the Sanitation Department, Giese asked "why the efficiency experts always pick on the low man on the totem pole". Giese said he would pay more to retain the existing trash services, remarking that he could see the time coming when he might not be able to carry his trash out to the curb. Giese also commented that the sanitation workers "are the only people that get out of their vehicle and work". Giese remarked that the Board of Directors and "we the people" are at fault for not expressing their opinion. .Giese asked that the Board give the City Manager "the leadership he deserves". Giese commented that the Directors had accepted the authority and privileges of their position and should "start accepting some of the responsibilities" and should not "always throw money at something". 344.2 Giese asked that the city Police pay more attention to vehicles parked on Zion Place and Highway 265 east of Lake Fayetteville Park.. Giese commented that the park was beautiful and it was a pity that more people don't utilize it, although he noted the south pavilion looked "disgusting". 344.3 Mayor Noland commented that maybe the first step would be to form the Board Personnel Committee. He asked that Directors, after the meeting, contact him regarding their desire to serve on that committee. 344.4 Director Martin congratulated the citizens who either watch Board meetings on television or attend them. Martin remarked that the Board tries to keep costs and benefits in mind and, although they might not always agree with the citizens, they want to hear from them. Martin stated the Board didn.'t consider the performance audit and not think there were more benefits than costs, or they wouldn't have tried to implement the findings. 344.5 Martin stated he thought the Interim City Manager position would be very difficult to fill because of its unique temporary status, and because it is one that calls for someone professionally trained in management of political subdivisions, and with successful experience in running a municipal or governmental organization. Martin stated he supported the suggestion to employ Jim Murphy. Martin stated he thought Murphy shows exemplary management skills, a thorough knowledge of how political subdivisions operate, and appears willing to accept an interim position. 344.6 Director Lancaster remarked that, at this point, the city is not ready for an Interim City Manager and that the hiring of the three new department heads could proceed without an Interim City Manager. Lancaster pointed out that a job description had not yet been established, and he suggested that advertisement should be done to fill the position. 344.7 Mayor Noland asked the City Attorney if the Interim City Manager could be hired without advertising for the position. The City Attorney responded that he would have to research the question and provide the Board with an answer later in the meeting. • October 15, 1985 Director Hess commented that the Board owes it to the city employees to act as rapidly as possible. Hess remarked that, if he were a city employee, he would have an "extremely low level of morale and an extremely high level of anxiety" because of lack of knowledge regarding potential changes in the organization. Director Orton stated she was under the impression the new department heads could be employees promoted from within the organization, after a training period, and that there was no urgency about filling those positions now. Orton added that the filling of these positions was not up to the Board but up to the City Manager and the Interim City Manager. Director Bumpass suggested it would be appropriate to meet in session to discuss the Interim City Manager position with Murphy. Orton requested that the City Manager be present during the session. Director Lancaster asked that the Board consider the of the agenda before going into executive session. There was discussion regarding the status of the City Manager as "top administrator" while on sabbatical The City Attorney read the following from the statutes: executive Director executive remainder Only the person holding :the top administrative position in the public agency, the immediate supervisor and the employee involved may be present at an executive session when so requested by the governing body. After further discussion, the City Attorney expressed the opinion that since, at the present time, Don Grimes is the top administrator, he may legally be invited to be present at an executive session to discuss the employment of an Interim City Manager. Director Johnson explained that the reason she made her proposals in a certain order was because she believed (1) supervisor training should begin so that present employees can be given an opportunity to excel; and (2) in order for the Board to implement the performance audit, priorities must be assigned to the items, and (3) that the Interim City Manager should not be hired until after the City Manager has established a training plan based on objectives provided by the Board. The Board proceeded with consideration of remaining agenda items. PAY PLAN DISCREPANCIES The Mayor reported that the staff had requested the tabling of consider- ation of pay plan discrepancies. Director Johnson, seconded by Hess, call, the motion passed, 7-0. made a motion to table. Upon roll 345 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 • 346 October 15, 1985 SAFETY POLICY 346.1 The Mayor introduced consideration of adoption of a proposed management statement regarding safety for city workers and approval of steps necessary for its implementation. 346.2 Director Johnson noted that such a policy was discussed at the Board Retreat, and as the next phase, Johnson presented the steps necessary for the implemen- tation of a safety program (contained in handout). Johnson noted that, last year, Workers' Compensation claims were $61,000 and the year prior to that were $36,000 (not including indirect or "hidden" costs). Johnson commented that the safety program would be a real cost-effective measure. Johnson summarized the steps necessary for implementation, as follows: 1. Policy statement of commitment concerning accident prevention adopted by Board of Directors. 2. Policy distributed to employees. 3. Safety Committee be established, for the direct administration of 4. Safety Coordinator appointed. by and provide necessary materials. 5. Specific responsibilities of Safety Committee as shown in handout. 6. Supervisor is charged with the responsibility for the prevention of accidents, must know the safe methods of doing the work, must know the safety rules and set an example. Supervisor shall explain in detail to new employees the safety rules that apply to his duties, and will follow up. Supervisor will be held responsible for general housekeeping around the work area and for completing periodic inspections reports. with five employees responsible accident prevention. the committee to prepare agenda 7. Supervisor should conduct a short safety department meeting each month. 8. Employees shall abide by the adopted safety rules at all times, shall wear prescribed apparel, are expected to observe general housekeeping rules, keep their work area neat and clean, report all injuries to supervisor immediately, and provide cooperation and overall support to the safety program. 9. Department Head will take action when safety practices are not covered. 10. Inspection tours of various operations will be made once a month in accordance with schedule set up by Safety Committee. October 15, 1985 11. Inspection team will be one member of the, -,'Safety Committee plus two employees from the department, will look for unsafe conditions, and will make a written monthly report of findings to be reviewed by Safety Committee. Director Johnson, seconded by Orton, made a motion for approval of the implementation of the safety program and the management statement. Director Hess asked if this was the recommendation of the Personnel Officer. Director Johnson stated she and Personnel Officer Crumpler developed the recommendations together. In answer to a question from Hess, City Manager Grimes stated he had reviewed the recommendation and was in favor. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 109-85 APPEARS ON PAGE 5 OF ORDINANCE & RESOLUTION BOOK XXIII RAILROAD CROSSING AGREEMENT The Board considered a request by the Fayetteville Development Foundation for a resolution authorizing the Mayor and City Clerk to execute an agreement with Burlington Northern Railroad Company. The Mayor explained this would involve the installation of a rail crossing for Industrial Drive in the Industrial Park, part of the master plan development, with cost to be reimbursed to the city by the Foundation. Director Bumpass, seconded by Hess, made a motion to approve a resolution authorizing the Mayor and City Clerk to execute an agreement with Burlington Northern Railroad for the installation of a rail crossing. Director Martin asked if there had been an analysis of whether or not a "creeping escalation" had been built in to land costs in the Industrial Park. Martin expressed concern that, by "rolling all the improvements in", we inadvertently are creating a situation where we can't provide industrial lots on a competitive basis. City Manager Grimes noted that Industrial Development Committee Chairman Dale Christy had expressed the same concern. Grimes explained that some land•in the old part of the Industrial Park was actually under -priced, and to help offset some of the costs in the newer part of the Park, there has been an attempt to raise the prices somewhat but still be competitive. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 110-85 APPEARS ON PAGE g OF ORDINANCE & RESOLUTION BOOK XXIII 34'7 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 348 October 15, 1985 SEWER TREATMENT PLANT/SLUDGE FEED PARTS 348.1 The Board considered an ordinance waiving competitive bidding requirements for the purchase of $4,950 worth of parts to refurbish existing sludge feed pumps for the sewer treatment plant project. 348.2 Project Coordinator Bob Franzmeier reported that he requested a proposal for the labor portion of the reconditioning, and that there would be an additional $660 in costs. 348.3 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. 348.4 In answer to a question from Director Bumpass regarding whether a specific allocation of funds would be necessary, City Manager Grimes explained that Pollution Control Plant funds would cover the amount. 348.5 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3135 APPEARS ON PAGE 442 XXIII PILOT PLANT LAB TESTING OF ORDINANCE & RESOLUTION BOOK 348.6 The Board considered authorization of the extension of a contract for engineering services with ESCOMLAB (in the amount of $8,965) for further pilot plant lab testing in connection with the sewage treatment plant. 348.7 Project Coordinator Bob Franzmeier explained that the pilot plant study was extended, for a period from October 9 to the end of the year, and it will be necessary to extend the contract with ESCOMLAB for the lab tests performed during the extended study period. Franzmeier pointed out that the $8,965 would cover minimum testing but that, should there be any operational difficulties, additional testing could be required. Payment for such tests, Franzmeier explained, would be based on unit prices given in the proposal. Franzmeier requested approval for a 157 increase to the base proposal for a total not -to -exceed contract increase of $10,350. 348.8 Director Bumpass made a motion to authorize the extension of the contract with ESCOMIAB in the amount of $8,965 for further pilot plant lab testing, and an increase to the base proposal for a total not -to -exceed contract increase of $10,350. October 15, 1985 In answer to a question from Director Lancaster, Franzmeier noted that the pilot plant study has shown that the plant can meet the effluent limi- tations, although there will be times when some chemicals will have to be added in addition to the biological process. Director Johnson seconded the motion and upon roll call, theMotionpassed, 7-0. RESOLUTION NO. 111-85 APPEARS ON PAGE lg BOOK XXIII OF ORDINANCE & RESOLUTION PHASE III GRANT APPLICATION The Board considered a resolution authorizing the Mayor and City Clerk to execute a grant application for Phase III of the wastewater treatment plant construction project. Project Coordinator Franzmeier explained the total project cost is $11.7 million, with the Phase III grant being for $7.8 million, with $3.8 million being the city's portion. Director Bumpass, seconded by Hess, made a motion to approve the resolution authorizing the Mayor and City Clerk to execute a giant application for Phase III of the wastewater treatment plant construction project, in the approximate amount of $7,845,125. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 112-85 APPEARS ON PAGE BOOK XXIII 23 OF ORDINANCE & RESOLUTION Mayor Noland reported that a very complimentary letter had been received from the EPA regarding the last construction inspection Noland stated that it was the most complimentary letter he had ever seen from the EPA and he remarked that "someone is doing something right on the project". The Mayor expressed appreciation. BID WAIVER/STREET. DEPARTMENT The Board considered an ordinance waiving competitive bidding requirements for the purchase of heavy duty slab -type rings and lids for the Street Department. 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. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed, 7-0. 343 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 350 October 15, 1985 350.1 In answer to a question from Director Lancaster, Purchasing Officer Mackey pointed out that onIy'one supplier has been found for the heavy duty lid which is desired. Mackey remarked that the heavy duty lid would be most cost-effective because of breakage and vandalism problems in the past with lighter -weight lids. 350.2 The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3136 APPEARS ON PAGE 445 xxIII DEMOLITION BIDS OF ORDINANCE & RESOLUTION BOOK 350.3 The Board considered the award of bids for the demolition of unsafe structures located at 1328 South School Avenue, 615 North College Avenue and 201 South Gregg Avenue. The Mayor noted that in each case the staff recommends the award of bid to the low bidder. 350.4 Director Johnson noted that, in reference to Bid 11657, the structure at 615 North College Avenue has already been demolished by the owners, and that Bid 11658, for the structure at 201 S. Gregg Avenue, has already been awarded by the Purchasing Officer to the low bidder. 350.5 Director Johnson, seconded by Bumpass, made a motion to award Bid #656, for the demolition of property at 1328 South School Avenue, to Tony Kelly, for $1700. Upon roll call, the motion passed, 7-0. OTHER BUSINESS ENGINEERING SERVICES/STREET ROUTE '350.6 The Mayor introduced consideration of a letter from the staff to Crafton, Tull, Spann and Yoe, and a proposed agreement for engineering services (with changes proposed by the Board) for the design of a route to connect Highway 265, between Highways 45 and 16, to the downtown area of Fayetteville. 350.7 Director Hess expressed no objection to the agreement, but pointed out that the performance audit had suggested the assignment of staff project coordinators for projects such as these, to keep the Board up to date, or to provide more information to the Board when it is requested. Hess proposed the idea of asking the staff for suggestions on this matter. 350.8 Mayor Noland commented that, on this particular project, until the engineers present a proposal, there would be no need for such a coordinator. 350.9 Hess remarked that he was in favor of the concept of having a member of the staff who is familiar with all facets of a project, including any October 15, 1985 input from area residents. Hess commented that this would "eliminate a lot of headaches". Director Johnson stated she thought the idea was a little preliminary. Director Bumpass, seconded by Orton, made a motion to approve a resolution adopting the eontract with appropriate amendments. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 113-85 APPEARS ON PAGE 24 OF ORDINANCE & RESOLUTION BOOK XXIII MINUTES The minutes of the October 1 meeting were approved, with the following corrections submitted by Directors Johnson, Martin and Orton: 303.5 Add "He stated he believed landfills were still the cheapest and best way to deal with wastes and he knew of land in southeast Fayetteville for a city -owned landfill." 304.4 Change "engineering record" to "Engineer of Record" 305.1 Change "rather one" to "rather than one" 305.9 . Change "Police Chief Bob Jones" to "Acting Fire Chief Boudrey" 306.1 Change "the preliminary list be prioritized" to "Directors prioritize the preliminary list" 309.5 Delete "which is now law" 309.6 In the sixth sentence, change "amount" to "number of hours"; change "than" to "and"; delete "just" 311.6 Change "at the request of the Mayor" to "at the request of the Mayor and Director Martin" 313.5 Change "allowed C-2" to "allowed in C-2" 315.3 Change "a residential in" to "a residential use in" 316.2 In the last sentence, delete "on" 316.3 Change "deferred" to "referred" 317.1 Change "south of 265" to "south of 16" 317.5 Change "This would be built so that it could" to "This wall could be built so that it would" The minutes of the October 6 meeting were approved, with the following addition being requested by Director Orton. 327.6 Add "Orton agreed." ADVERTISING REQUIREMENTS In response to a question posed earlier -in the meeting, the City Attorney explained that, based on limited materials available at this time, he was of the opinion that an Interim City Manager may be hired without adver- tising for the position, without being in violation of the Equal Employment 351 351.1 351.2 351.3 351.4 351.5 1352 October 15, 1985 352.1 Opportunity Act. McCord advised that, if that is the desire of the majority of the Board, any hiring be conditioned upon a final determination by the City Attorney that no federal law was violated by not advertising. EXECUTIVE SESSION 352.2 Regarding an earlier request for an executive session, McCord advised that, if.the Board wished to discuss with a particular individual, that individual's employment as Interim City Manager, the discussion can take place in executive session under the Freedom of Information law. McCord added that the individual can be present as well as the top administrative officer who McCord noted at this time is Don Grimes. 352.3 Director Bumpass, seconded by Hess, made a motion that the Board meet in executive session to discuss the employment of Jim Murphy as Interim City Manager. 352.4 Director Orton suggested that, if the motion passed, the Directors meet first without Murphy present, in order to discuss what would be covered in their meeting with Murphy. 352.5 The City Attorney advised that if the discussion would only pertain to generalities, such as the requirements and attributes of an Interim City Manager, that discussion should take place in public forum; but that if the discussion involved the specifics of a particular individual it may take place in executive session. 352.6 At Director Orton.'s suggestion, it was agreed that the Board would meet in executive session with the City Manager present, to discuss the employment of Jim Murphy; after which the Board and the City Manager would meet with Murphy present. 352.7 Upon roll call, the motion passed, 5-2, with Directors Johnson and Lancaster voting "no". 352.8 Director Hess stated he thought sometimes Directors lose perspective on their actions and that his intent in voting to meet in executive session was not to hide any information. Hess commented that he didn't think discussions about personalities or people should be debated in a public forum. 352.9 Director Johnson requested Board consideration of other items before meeting in executive session. UTILITY RELOCATION/TOWNSHIP EXTENSION 352.10 City Manager Grimes introduced consideration of a resolution to authorize the Mayor and City Clerk to execute an Agreement with Arkansas Western • October 15, 1985 Gas Company for the relocation of utilities necessitated by the construction of an extension to Township Road. Grimes explained the city's total costs would be $16,732.40 and are under -budget. Director Bess, seconded by Bumpass, made a motion to approve the reso- lution. Upon roll call, the motion passed, 6-0-1, with Martin abstaining. RESOLUTION NO. 114-85 APPEARS ON PAGE 31 OF ORDINANCE & RESOLUTION BOOK XXTTT PREPAREDNESS EXERCISE Director Johnson asked the City Manager to contact the necessary personnel in the county in order for the city to participate in a disaster prepared- ness exercise (an item which was on the Retreat agenda but was not taken up by the Board at that time). NEW LAND USE PLAN Director Johnson asked that Requests for Proposals be sent out for a new General Land Use Plan, for use by the Planning Office and Planning Commission, so that a dollar figure might be obtained for budget purposes (an item also from the Retreat agenda). Johnson, seconded by Orton, made a motion that Requests for Proposals be sent out for a new General Land Use Plan. Director Martin stated he thought the Land Use Plan was an extremely important document and he asked who would be responsible for the preparation of the RFP's. Director Johnson responded that she assumed this would be done in the Planning Office, with assistance from the Northwest Arkansas Regional Planning Commission. Director Martin asked that any interested Directors be permitted to view the RFP's before they are circulated. Director Orton agreed this would be a good idea. Director Orton pointed out that the Regional Planning Commission should not assist in preparing the RFP's if they intend to submit a proposal. Upon roll call, the motion passed, 7-0. APPRECIATION TO AMERICAN AIRLINES Director Lancaster asked that appreciation be expressed to American Airlines for providing part of the fare to bring Astronaut Dick Covey to Fayetteville. Mayor Noland stated he intended to send a letter of appreciation. 353 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 354 AUTUMNFEST October 15, 1985 354.1 Director Bumpass extended congratulations to members of the "Autumnfest" steering committee who planned a successful series of events during the weekend of October 11. OLD WIRE ROAD BRIDGE 354.2 City Manager Grimes reported that the Highway Department has decided to reject the bids and readvertise for the Old Wire Road bridge project. Grimes estimated that the project would not be underway until Spring. FOX HUNTER ROAD 354.3 Bob Franzmeier, Project Coordinator for the Wastewater Treatment Plant construction project, reported that Washington County has been asked to consider improving Fox Hunter Road (main route to construction site) in readiness for the winter season. Franzmeier reported that the County Judge has presented two cost options. (1) to place a 6" base course for about a mile, starting at Highway 45, at a cost of approximately $26,000 (for 3,960 tons of material plus trucking costs) - the County to provide the improvements along the right-of-way and placing and compacting the material; or (2) to place 3" of base course at a cost of $14,000. 354.4 Due to the heavy traffic, Franzmeier recommended a combination of the two options -- resulting in total costs to the city of $20,000, with labor and right-of-way improvements provided by the county. Franzmeier noted that earlier this year $10,000 was approved for Fox Hunter Road improvements, of which only $3200 has been used, leaving a need for an additional $13,500 for the project. 354.5 Director Johnson, seconded by Bumpass, made a motion that $13,500 be authorized as recommended and that an appropriate budget adjustment be made from Sewer Plant Construction. Upon roll call, the motion passed, 7-0. EXECUTIVE SESSION 354.6 The City Attorney advised the Board that should they decide during executive session to take any action, the vote on that action must be taken during a public session. The Board met in executive session beginning at about 10:53 P.M. The meeting was reconvened at about 12:30 P.M. 354.7 Director Hess, seconded by Bumpass, made a motion that, beginning November 1, Jim Murphy be hired to help Don Grimes, as a consultant, to prepare the budget for 1986; and at a subsequent time thereafter, when the budget is prepared, Jim Murphy be hired as Acting City Manager for a six-month period of time; at the end of which time there will be a one-month transition October 15, 1985 phase, during, which Don Grimes will assume control; after that period of time, Jim Murphy be on-call as needed, as a consultant on .an hourly basis. Upon roll call, the motion passed, 6-1, with Director Lancaster voting "no". In answer to.a question from Reporter Phyllis Rice, Mayor Noland stated that Murphy's salary is to be negotiated. ADJOURNMENT The meeting was adjourned at about 12:35 P.M. 355 355.1 355.2 355.3