HomeMy WebLinkAbout1986-02-18 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City. Board of Directors was
held on Tuesday, February 18, 1986 in the Directors' Room of the City'
Administration Building, 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor.Noland; Directors Hess, Johnson, Lancaster, Martin
and: Orton; Acting City Manager Murphy, Administrative
Services Director Linebaugh,.Public Safety Director
Coates, Public Works Director Burch, City Attorney
McCord, City Clerk Kennedy; .members of the press and
audience
ABSENT: Director Bumpass
CALL TO ORDER
Mayor Noland called the meeting to order, with six Directors present,
and asked for a moment of respectful silence.
NEW DEPARTMENT HEADS
Acting City Manager Murphy
- Admrgistrative Services
Director M..I Coate.s,,,and,
REZONING/JOYCE & 265
introduced newly appointed departmene-heads
Director Scott C. Linebaugh, Public Safety
Public Works Director.Deryl W. Burch.
The Mayor introduced an ordinance, rezoning 3.64 acres located at the
northeast corner of Joyce. Road and Highway 265, from A-1, "Agricultural",
to C-1, "Neighborhood Commercial". The Mayor reported that the Planning
Commission, at a public hearing„held on February 10, recommended approval
of the rezoning by a vote of 6-1.
The City Attorney,. read the ordinance for the first time. Director
Johnson, seconded by Lancaster;, made ,.a motion to suspend the rules
and place the ordinance on second reading. Upon roll call, the motion
passed, 6-0: The ordinance was read for the second time. Director
Johns a, seconded by Martin, -made a motion to further suspend the
rules,. and place the ordinance on its third and. final reading. Upon
roll call,, the motion passed, 6-0. , The ordinance Was read for the
third. time.
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February 18, 1986
50.1 The Mayor asked if anyone in the audience wished to speak against
the ordinance. There was no public opposition expressed.
50.2 Petitioner Jerry Ford told the Board that the Planning Commission
recommended the question of the extension of sewer service be dealt
with at the'time the large scale development is planned, because it
would also be serving the needs of those living in the area, and the
needs of future development. Ford reported there had also been discussion
regarding his approaching the City concerning the possibility of sharing
that cost. Ford added that he was still willing to provide a Bill
of Assurance to extend sewer service, as was originally recommended.
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Director Orton stated it should be made clear that, if the rezoning
is approved, it does not include an offer by the City to install the
sewer.
Upon roll call, the ordinance passed, 6-0, with Director Bumpass absent.
ORDINANCE NO. 3167 APPEARS ON PAGE 496 OF ORDINANCE & RESOLUTION
BOOK XXIII
INDUSTRIAL PARK SIGNS
The Mayor introduced a request by the Chamber of Commerce for Board
approval of a proposed system of industry identification signs in
the Fayetteville Industrial Park.
Acting City Manager Murphy reported that Dale Christy, Chamber President,
had told him the directory sign, as proposed, would meet their needs
at this time but that, if approval is given at this time, it should
be with the understanding that the sign could double in size when
the number of industries have increased in the Park.
Mayor Noland explained that the Chamber's proposal includes:
1. One 4' high x 9' wide free-standing directory sign, to be
located at the northwest corner of Armstrong Avenue and
Industrial Place, within the 80' right-of-way; and
2. A'series of directional signs for each industry in the Park
-- 4' high "street address posts" of rough cedar 4 x 12s,
each bearing a 10" square of engraved plastic listing the
number and name of the industry; to be located within the
street right-of-way.
Director Orton remarked that there has been a need, for some time,
for there to be identification signs in the Industrial Park. Orton
commented that the signs were "very good looking" and in keeping with
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February 18, 1986
the intent of the City's Sign Ordinance. Orton stated she thought
granting a variance would be better than amending the Sign Ordinance.
The City Attorney agreed.
Director Orton, seconded by Martin, made a motion to grant a variance
to allow the signs described. Upon ioll .call, the motion :passed,
6-0.
ENGINEERING SERVICES/CH2M HILL
The Mayor introduced a resolution authorizing an amendment to an Agreement
with CH2M Hill, for engineering services for. an EPA evidentiary hearing
which was requested by the State of Oklahoma. The Mayor commented
that it might be in order to table this item until the next meeting,
until Cliff Thompson of CH2M Hill -can be present to discuss the matter.
Director Orton, seconded by Johnson, made a motion to table this item
until the next meeting. Upon roll call, the motion passed, 6-0.
BID AWARD 11664/LAB APPARATUS &.REAGENTS
The Board considered the award of Bid #664 for the purchase of laboratory
apparatus and reagents for the City's Wastewater Treatment Plant.
Director Johnson made a motion that the laboratory apparatus and reagents
be purchased from the bidders as proposed: SESCO, VWR Scientific,
Curtin Matheson Scientific, Fisher..Scientific, and Markson Science.
In answer to a question from Director Hess, City Engineer Don Bunn
stated that the purchases to be made were within the budget.
The motion was seconded by. Director Orton. Upon roll call, the motion
passed, 6-0.
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BID AWARD !1663/TREATMENT PLANT APPLIANCES
The Board considered the award of Bid #663 for the'purchase,of Adminis—
tration Building appliances for the City's Wastewater Treatment Plant.
Director Johnson, seconded by Hess,: made.: a .motion to :award- the bid
to Sears,'in'the amount of,$1j892.10: ` _
Director Orton noted that the purchase included. four refrigerators
with icemakers and she asked for an explanation regarding their use.
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52.1 Luanne Diffin, Chief Chemist for the Plant, explained that three refrig-
erators would be used for sample collection and one would be used
for personnel. It was clarified that the bid award would not include
two undercounter refrigerators because these did not meet specifications.
52.2 Upon roll call, the notion passed, 6-0.
CONTRACT MODIFICATION/OLSON CONSTRUCTION
52.3 The Mayor introduced a resolution authorizing the execution of a modifi-
cation to a contract with Olson Construction Company and CH2M Hill
to include eight electrical design changes, resulting in a net deduct
of $4,337.
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Director Hess, seconded by Orton, made a notion to approve the resolution.
Upon roll call, the motion passed, 6-0.
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RESOLUTION NO. 23-86 APPEARS ON PAGE 301
BOOK XXIII
OF ORDINANCE & RESOLUTION
Director Lancaster asked why there had been a change in the electrical
transmission line to the final effluent pump station from an underground
to an overhead distribution system.
City Engineer Don Bunn explained that it was felt it would be better
to have a contract with Ozarks Electric Cooperative to maintain the
lines, and in discussions with Ozarks, it was determined that the
only way to obtain a maintenance contract would be to make the change
from underground to overhead. Bunn added that there would be a price
reduction.
Director Lancaster stated he thought the change was a mistake, commenting
that it increased the risk of exposure to lightning.
BID AWARD #668/PARKS VAN
The Board considered the award of Bid #668 for the purchase of a 12 -
Passenger Van for the Parks Department, and a request for a budget
adjustment of $1,323.
Director Johnson, seconded by Martin, made a notion to award the bid
for the purchase of a 12 -Passenger Yin for the Parks Department to
Houston -Taylor, for $14,644.90; and to approve a budget adjustment
for $1,323. Upon roll call, the motion passed, 6-0.
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RESOLUTION NO. 24-86'APPEARS ON 'PAGE' 202- Or -ORDINANCE &-RESOLUTION
BOOK XXIII
BID AWARD #670/TRACTOR-MOWERS
• The Beard-con'sidered' the' award"'df 'Bi'd 4670 `for' the' purcha's'e '0f " thre'e
tractors with mowers. -The Mayor reported the lOW'bidder'"t,as' Conmark,'
Incorporated and, with a trade-in allowance, the purchase price would
be $62,937.83.
Director Johnson, seconded by Orton,_ made a motion to award the bid
to the low bidder. Upon roll call, the motion passed, 6-0.
BID WAIVER/POSTAGE MACHINE
The Boardconsidered an ordinance waiving tompetit'ive' bidding "requirements
and authorization "to purchase'". ""postage`'inachine, scale and 'meter for
City Hall.
The City Attorney read the ordinance for 'the first time. -Director
Johnson, seconded` by"Martin, made"."motion' to suspend the"rules and
place the ordinance on second reading. Upon roll call,- the motion
passed; ! 6k Oi The` ordinance was read" for the second "time':' Director.
Orton,' seconded by Johnson, Made'a motion to`further suspend the rules
and place the ordinance' on-ies third and final reading. Upon roll
call, the" motion passed, 6-0: The" ordinance was read' for the third
time.
Upon roll call, the ordinance passed,`6-01.
ORDINANCE'"N0. 3168
BOOK XIII""" .. "
APPEARS ON PAGE • 498 OF ORDINANCE &'RESOLUTION
BID WAIVER/OFFICE FURNITURE
The Board considered an ordinance waiving competitive bidding requirements
and authorization to purchase Office- furniture for City Hall.
The City Attorney read the ordinance for the first time. Director
Johnson, seconded by Orton, made a- motiot to' suspend the rules `and
place the ordinance on second reading. Upon roll call, the motion
passe$, " 6The 'ordinance was read for'''the second time ' Director'
Johnson, seconded by Orton, made a motion to further suspend the rules
and place the ordinance on its third and final reading. Upon roll
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February 18, 1986
54.1 call, the motion passed, 6-0. The ordinance was read .for the third
time.
54.2 Director Johnson explained that the City cannot deal directly with
the factory and must use an agent to place an order. Johnson noted
that past furniture purchases had been made through Polks Furniture
which has since gone out of business in Fayetteville, and that Marynm
Bassett (interior design consultant) has offered to act as agent for
the purchase of the furniture.
54.3 Upon roll call, the ordinance passed, 6-0.
ORDINANCE N0. 3169 APPEARS ON PAGE 499 OF ORDINANCE & RESOLUTION
BOOK XXIII
BID WAIVER/PAGING DECODER MODULES
54.4 The Board considered an ordinance waiving competitive bidding requirements
and authorization to purchase five paging decoder modules to add to
the City's 800 Radio Communications System.
54.5 The City Attorney read the ordinance for the first time. Director
Johnson, seconded by Martin, made a motion to suspend the rules and
place the ordinance on second reading. Upon roll call, the motion
passed, 6-0. The ordinance was read for the second time. Director
Johnson, seconded by Orton, made a motion to further suspend the rules
and place the ordinance on its third and final reading. Upon roll
call, the motion passed, 6-0. The ordinance was read for the third
time.
54.6 In answer to a question from Director Martin, Fire Chief Jackson explained
that the modules would be the "station alerting system" and would
be a fundamental part of the fire trucks' communication system. Jackson
added that the modules would speed up responses to a fire call by
allowing alerts to be made to any number of stations simultaneously.
Jackson stated part of the modules would be located at the dispatching
end and part at the receiving end.
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Director Hess asked why this item was not included initially when
the entire system was ordered. Administrative Services Director Linebaugh
explained that, at the time the system was designed, the staff did
not know this feature existed.
Upon roll call, the ordinance passed, 6-0.
ORDINANCE NO. 3170 APPEARS ON PAGE 500 OF ORDINANCE & RESOLUTION
BOOK XXIII
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February 18, 1986
BID WAIVER/EXERCISE EQUIPMENT
The Board considered an ordinance4diVing;ebilaetitive bidding requirements
and authorization to purchase exercise equipment for the Fitness
Room at=lnteriMyCity =Ha11. -
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Acting-City:Manager-.Murphy.explained;:that;..:when•the:budget was approved,
approximately $20,000 was estimated for the purchase of this equipment...
Murphy stated that the staff approached Jimmy Culp, the owner of the
Family Health Center in Fayetteville, who then advised the City purchase
its equipment from Universal of Cedar. Rapids, Iowa.
Director.Orten questioned whetherrstherem,as sufficient. reason torwaive
the requirements. Orton stated•'-that:rwaivers Are 'usually •madie>when
there:YJs,:only.vne supplier, -and she)pointed:out::that_there.were several
Suppliers..whoeouId-'bid..on the equipment.
Murphy noted that equipment proposals which have been received from
other companies had' less variety and -:ware rmot of the)same :quality
as that being recommended. Murphy stated he thought "name brand"
equipment would 'require lower maintenance. ,Murphy added :that -..Culp
had no:financial•(interest in the purchase:of,this equipment.
Delmar Embry, -resident of- 217- S: Duncan; asked how the City could
justify -the expenditure of $16,000-for.exercise-.equipment when there
are city=streets:"literally falling apart'-_`.) The.Mayor stated he.thought:
Embry was making .a good point but, he pointed :out that ;the equipment.
would be used by police officers to stay in condition.
In answer to a question from Director.Martin;,Linebaugh.re:ported that
approximately $900,000 was budgeted for street maintenance, with approxi-
mately $1,900,000 budgeted for street construction.
Director Lancaster -stated Ie.wouldprefer that the staff receive bids
on this -item.
Murphy asked if it would be acceptable to purchase the equipment from
one manufacturer which can supply all items. Murphy pointed out that
some manufacturers will not carry all the equipment.
Director --Johnson started shewould'prefer:that,the staff obtain comparable:
prices'for'eompa•rable items'rather-.;than waive:the biddings:requirements.\,
There seemed to be general agreement: :among the -Directors that the
staff should obtain bids on the purchase of the exercise equipment.
The City Attorney advised that no Board action was necessary.
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OTHER BUSINESS
PARKS FEE/CHESTNUT APARTMENTS
February 18, 1986
The Mayor introduced further consideration of a request made by the
City Attorney at the last meeting, for a policy decision regarding
the requirement of payment of a parks fee for the developer of Chestnut
Apartments.
City Attorney McCord explained that the Chestnut Apartments development
occurred after adoption of the City's Parks Ordinance (in 1981) which
requires a developer to dedicate land for parks purposes or to make
a cash contribution in lieu of land dedication. McCord explained
this developer made the first of three installment payments and, subse-
quently, the Board made a policy decision that the ordinance should
not be applied to subdivisions which were platted prior to the effective
date of the ordinance. McCord explained that the development had
been platted prior to the effective date of the ordinance. McCord
said that thereafter, upon recommendation of the Planning Commission,
the Board amended the Parks Ordinance to provide that the requirements
of the ordinance would not apply to subdivisions that were platted
after September .12,. 1960 and before January 20, 1981 (the date the
Parks Ordinance was adopted). McCord explained that this subdivision
was platted before the first date, meaning the ordinance would be
applied. McCord asked the Board to decide the question of whether
the ordinance applies in this case, in view of the earlier policy
decision which resulted in a refund of the developer's contribution.
Director Hess commented that, although there has been some confusion,
it now appears that the developer should be required to pay the parks
fee.
Director Martin commented that it seemed as though the city has foregone
its claim to the parks fee by having refunded the money. The City
Attorney agreed that the City's act of refunding the money estops
it from now claiming the money is owed.
In answer to a.question from Director Hess, McCord stated it would
not be necessary for the Board to grant a variance but to decide whether
or not the ordinance should be applied in this case. Hess asked if
a decision that the Ordinance does not apply would set a precedent.
McCord stated he did not think a precedent would be set because, to
his knowledge, this was the only development which was caught in the
transition between the policy decision that was made before the Ordinance
was amended and before the Planning Commission recommendation.
Director Johnson, seconded by Martin, made a notion that, because
a refund was made to this developer, the Creenspace fee be waived
in this case. Upon roll call, the motion passed, 6-0.
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February 18, 1986
ANTI -PICKETING ORDINANCE
The City..Attorney reported that the City's anti-residentialpicketing:
ordinance..was upheld by the U... S. District Court; but .that the. Court:
concluded that, under Arkansas law, the City could not impose. the
penalty of imprisonment. McCord stated he had no idea whether.. the
plaintiffs intend to file an appeal. ,
In answer to a question from Director Johnson, McCord stated he did
not think it necessary to amend the ordinance at this time, although
at some point in the future an amendment may be in order. In answer
to a question from Director Lancaster, McCord stated a.maximum.fine
can be charged, of $500 per offense.
AIRPORT COMMITTEE REPORT
Director Lancaster reported that the Airport Committee and city staff
met'and ..selected: an. engineer.to.provide..professionalservices..regarding
improvements:at Drake Field.. .Lancaster reported. that.four.;bids..were.
submitted and..McClelland.Engineers, .Inc. was..the low.bidder..,
Lancaster, seconded by Orton, made a _motion, that. the Mayor and City
Clerk be authorized to execute a contract with McClelland Engineers
to provide engineering services for the expansion of the existing
terminal apron, renovation ofexisting apron lighting and installation
of additional lighting, and taxiway and runway improvements.
In answer... to questions from Directors,. it .was.clarified that..this.
project would be.90%.federally funded and that the city's share towards
the project was„included in -the tmdget. It .was clarifiedthat. the..
City's professional selection policy was followed in the -..,selection,.
process.
Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 25-86 APPEARS ON PAGE 304 OF ORDINANCE & RESOLUTION
BOOK
INTERSECTION WIDENING
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Mayor Noland reported that a not -to -exceed amount of $3,000 is included
on the list of 1987 street projects, to assist in the widening' of
the intersection of Old Wire Road and Old Missouri Road. Noland reported
that City Engineer Don Bunn recommends authorization of this expenditure
from Street Department funds. Bunn:remarked.that an additional. expenditure
will be necessary,. next year to complete_the work.
Director Hess,. seconded. by.Johnson,. made a motion to authorize a not -
to -exceed figure of $3,000 for the purpose] of widening Old Wire Road
and Old Missouri Road. Upon roll call, the motion passed, 6-0.
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February 18, 1986
NORTH STREET UTILITY RELOCATION
Acting City Manager Murphy reported that he, Al Rukgaber and several
representatives of Southwestern Bell Telephone Company met concerning
North Street construction and relocation of utilities. Murphy stated
the original cost estimate of $300,000 has been reduced to approximately
$80,000, due to design changes. Murphy added that cost reductions
on the utility relocation were the result of work on the part of City
Manager Don Grimes, representatives from Southwestern Bell and the
Highway Department.
Murphy asked that a Street Committee meeting be scheduled as soon
as possible concerning this matter.
OPEN CHANNEL RESOLUTION
Director Orton proposed the passage of a resolution supporting Fayetteville
Open Channel and urging Warner Cable Company to continue funding for
Fayetteville Open Channel. Orton explained that about 2/3 of Open
Channel's funding has come mainly from Warner Cable Company, with
the remainder coming from fund-raising events and other grants. Orton
explained that a six-year grant from Warner Cable will expire this
year and Open Channel will begin= negotiations with Warner Cable for
a new contract. Orton asked that any persons wishing to do so write
letters of support this week to the Open Channel Board of .Directors
at 221 S. Locust.
Director Orton read the resolution and made a motion that the resolution
be approved. The motion was seconded by Director Martin. Director
Johnson requested an amendment to the resolution, that paragraph three
be changed to read:
WHEREAS: FOC has been alloyed by the City of Fayetteville to
use the City's access channel on the Warmer Cable as specified
in the Varner -City franchise agreement;
Director Orton expressed agreement with the proposed amendment.
roll call, the motion as amended passed, 6-0.
RESOLUTION NO. 26-86 APPEARS ON PAGE
BOOK XXIII
upon
328 OF ORDINANCE & RESOLUTION
TRAFFIC LIGHT AT TOWNSHIP & GREGG
Director Hess asked if Acting City Manager Murphy had pursued the
request made by Hess at the last meeting for a follow-up on a proposed
traffic light at the intersection of Township and Gregg. City Engineer
Bunn explained that there has been a delay in action on this matter
because it is anticipated that there will be construction on this
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intersection within the next two years and it was felt the installation 59.1
of the light should take place at that time.
MUNICIPAL IMPROVEMENT DISTRICTS
Director Johnson reported that, at the last legislative session, rather
than change the formula for voting and for assessments for Municipal
Improvement Districts, a study committee was formed and has just been
appointed by the Governor. Johnson stated three members from Fayetteville
on that committee are Howard Brill, Dale Christy and David Malone.
Johnson commented that the formula presently being used isn't equitable.
Johnson asked that any Directors interested in this matter submit
their comments to her or to the Fayetteville committee members.
REVENUE SHARING
Administrative Services Director Linebaugh reported that, at a Municipal
League meeting he attended recently, it was learned that, in addition
to revenue sharing cuts for cities, State turnback cuts will be felt
by city governments. Linebaugh commented that the revenue picture
for all cities appears to be very gloomy.
E.P.A. EVIDENTIARY HEARING
Director Lancaster, seconded by Johnson, made a motion that the Mayor
write letters to congressional representatives in Washington, expressing
the Board of Directors' concern regarding the upcoming evidentiary
hearing granted by the B.P.A. on the city's treatment plant. Upon
roll call, the motion passed, 6-0.
RESOLUTION NO. 27-86 APPEARS ON PAGE 330 OF ORDINANCE & RESOLUTION
BOOK XXIII
MINUTES
The Minutes of the February 4, 1986 Board meeting were approved with
the following changes:
45.5 On line 5, change "used" to "rebuilt". At the end
of the second sentence, add "with trade-in."
47.4 Change "in the newspaper" to "in the legal notices
of the newspaper"
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February 18, 1986
ADJOURNMENT
60.1 With no further business before the Board, the meeting adjourned at
about 8:50 P.M. .1..
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