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HomeMy WebLinkAbout1986-05-20 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS 154.1 A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, May 20, 1986 at 7:30 p.m. in the Directors' Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bump?ss, Hess, Johnson, Lancaster and Orton; Acting City Manager Murphy, Department Directors Burch, Coates and Linebaugh, City Attorney McCord, City Clerk Kennedy, members of the press and audience ABSENT: Director Martin CALL TO ORDER 154.2 Mayor Noland called the meeting to order, with six Directors present, and asked for a moment of respectful silence. NATIONAL PUBLIC WORKS WEEK 154.3 The Mayor asked that recognition be given to the contributions of Public Works employees and the City's Public Works Department. The Mayor presented a proclamation to the Public Works Director proclaiming the week of May 19 through 23 as "National Public Works Week". • REFERENDUM ELECTION 154.4 The Mayor noted that an election will be held on Tuesday, May 27 for the Democratic and Republican primaries and also on the question of whether to change Fayetteville's form of government. The Mayor displayed a sample which showed the wording of this question on the ballot: Should the City of Fayetteville be organized under the Mayor Council form of government YES NO 154.5 The Mayor reminded everyone that they must vote "YES" if they wish to change the form of government to the Mayor -Council form, or they must vote "NO" May 20, 1986 if they wish to retain the government in its present City Manager/Board 155.1 of Directors form. ALLEY CLOSING The Mayor introduced a request for an ordinance which would abandon and vacate a 20' north/south alley located between Eagle and Cleveland Streets, west of Leverett Avenue. The Mayor noted that adjacent property owner Jerry Sweetser was present who had sent a letter to the Board expressing his concern about a drainage problem in this area. The Mayor asked the staff for suggestions on the matter. 155.2 Steve Miller, speaking for the request, explained that closing the alley 155.3 would allow room for 5 more parking spaces on the building site. Miller pointed out that only 15 parking spaces are required by the City and these can be built even if the alley is not closed. Miller explained their purpose in proposing to have 20 parking spaces is in order to relieve the pressure on the existing street parking in the area. Miller also explained that the alley does not actually exist and never has been used as an alley. Miller said they planned to drain the parking lot into the existing drainage pattern and added that he thought they would be adding a small amount of runoff to an already existing drainage situation. In answer to a question from the Mayor, Jerry Sweetser stated he was not 155.4 satisfied with Miller's proposal. Acting City Manager Murphy told the Board that the staff had not yet had 155.5 an opportunity to review the drainage situation, or Mr. Sweetser's letter. Murphy asked that the staff be permitted to report back to the Board at the next meeting. The Mayor asked Miller to provide the Planning Office with copies of the 155.6 plans for both of his building proposals. Director Orton, seconded by Hess, made a motion to table this item until 155.7 the neat Board meeting. In answer to a question from Director Johnson, C.D and Planning Director Sandra Carlisle told the Board a building permit had been issued for the property, which she noted did not affect the parking proposal. A member of the audience asked the Board if there were any existing utilities or need for city ingress or egress to this alley. Orton explained that the alley has never been built and never been used by sanitation vehicles. The petitioner said written permission had been obtained from all utility companies to close the alley, but that it would remain as a utility easement. Director Bumpass asked the staff to consider whether a 3' encroachment for this parking lot could be permitted without closing the alley. Bumpass said that, just because the alley is not currently being used by sanitation 155.8 155.9 15P' May 20, 1986 156.1 vehicles doesn't mean it might not be used in the future. Bumpass said he thought time and motion studies might show it will be easier to pick up trash in alleys than in the streets. The petitioner explained it would be difficult to ever build the alley and use it as an alley because a bridge would have to be built over a deep crevasse. 156.2 Upon roll call, the motion to table passed, 6-0, with Director Martin absent. EASEMENT VACATION 156.3 The Mayor reported the petitioner has asked to withdraw the request for an ordinance vacating and abandoning 5' of a 20' utility easement on property located on Susan Drive. ENGINEERING SERVICES 156.4 The Mayor introduced a resolution authorizing the execution of a contract for engineering services with Albright and Associates for Giles Addition and Wyman Road fire protection, in the amount of $3,880; and with Crafton, Tull, Spann and Yoe for Holly Street paving and Sycamore Street paving with water line and fire hydrant, in the amount of $3,252. 156.5 The Mayor noted the professional selection procedure had been used and the professional selection committee recommends the award of the contracts. 156.6 Director Johnson, seconded by Bumpass, made a motion to approve the resolution. Upon roll call, the motion passed, 6-0. RESOLUTION NO. 56-86 APPEARS ON PAGE /y,f OF ORDINANCE & RESOLUTION BOOK XXV 1► RESOLUTION NO. 57-86 APPEARS ON PAGE 1.51 OF ORDINANCE & RESOLUTION BOOK LAND SALE 156.7 The Mayor introduced a recommendation from the City Industrial Park Committee that the City sell an approximately one -acre site in the Industrial Park to Packaging Specialties, Inc., for $5,000. The Mayor explained that Packaging Specialties is the property owner adjacent to the site and that the site does not lend itself to any other development because of its size. May 20, 1986 Director Bumpass, seconded by Johnson, made a motion that the City accept the offer of Packaging Specialties, Inc. for the sale of the subject property for $5,000. 1 5 'it 157.1 Dale Christy, Industrial Park Committee member, explained that the site 157.2 could never be used by anyone but the adjacent business because it contains a major sewer line easement. Upon roll call, the motion passed, 6-0. 157.3 ARCHEOLOGICAL INVESTIGATION The Mayor noted there was a request from Timothy Klinger in reference -to 157.4 further archeological investigations at the sludge management site which were approved at the last meeting. The Mayor explained that, in compliance with Board policy, a motion would be necessary from a Director who voted in the majority on this issue at the last meeting, in order to rehear or discuss this item. Director Bumpass made a motion that Klinger be given an opportunity to 157.5 address the Board, if he can limit his comments to information other than what was contained in his May 7 letter to the Board. Director Hess remarked that he did not think there was much the Board could do about Klinger's request that the Board rescind its approval of a contract with Mid -Continental Research Associates, since what the Board actually approved at its last meeting was a contract with McClelland Engineers who will subcontract with Mid -Continental. 157.6 Director Hess seconded the motion. Upon roll call, the motion passed, 157.7 6-0. Timothy Klinger stated he believed this contract was of the type that should have been put out for competitive bidding before a determination was made by the Board. Klinger said the Arkansas statutes state that anything over $5,000 must be put out for competitive bids. Klinger said that, as he reads the statute, there is no exception for any kinds of good or services, whether they be professional or not. The Mayor told Klinger the Board may waive competitive bidding requirements on any contract and explained further that the City was required to have certain work accomplished by December 1, 1986. 157.8 Klinger asked the Board why competitive bids were not sought two months 157.9 ago. - City Attorney McCord stated his research indicates that the general rule 157.10 is that the competitive bidding statute does not apply to a contract for professional services. McCord stated if Klinger has found any authority 158 May 20, 1986 158.1 contrary to this law, he would be happy to review it. McCord said in his view the City Board did not violate the law in not putting this service out for competitive bids. McCord said it is a policy decision in the discretion of the Board whether to take proposals. 158.2 Director Bumpass explained to Klinger that a contract has been in place for several years with McClelland Engineers while the sewer treatment plant project has been ongoing. Bumpass said the City had the choice of re-engineer- ing the pipeline to be built around the site of the archeological inves- tigations, or to continue the archeological investigations which had already been undertaken by Mid -Continental. Bumpass explained that the Board made a policy decision to continue the investigations and, upon the advice of the consulting engineers, approved what was in effect an extension of the City's contract with McClelland and an extension of McClelland's contract with Mid -Continental. 158.3 Director Orton stated she thought it saved considerable time to contract with the same firm who already had background information based on their preliminary investigations at the site. Orton also said she had done some checking into the quality of the preliminary work and based on this, did not feel there was any reason to change firms. Orton explained that, for professional services, the City takes proposals rather than bids and reviews qualifications as well as costs. 158.4 In answer to a question from Director Bumpass, Acting City Manager Murphy said the staff did not recommend reconsideration. 158.5 Klinger remarked that he was not suggesting the caliber or quality of the individuals doing the investigations was anything but the best. Klinger said the only way his archeological firm can obtain jobs is by being given an opportunity to compete. Klinger questioned why there was no time to obtain competitive bids if the work is not to be done until July. Klinger said he was not asking the Board to award his firm a contract but was simply asking to be allowed to make a presentation. 158.6 Vernon Rowe, speaking for McClelland Consulting Engineers, noted that the sludge system construction contract disallows the contractor to work in the area of the archeological site up until August 1. Rowe stated if clearance cannot be given to the contractor by August 1, the project could be faced with a costly change order. 158.7 Klinger asked that the Board vote on his request that they rescind the authorization to enter into a contract for the archeological investigations. The Mayor opened the floor to a motion from the Board. 158.8 Director Bumpass stated although he still felt there was a time constraint, he hopedthat, if this ever comes up again, the Board will be better attuned to the fact that Klinger's services are available. May 20, 1986 Klinger asked how the Board knew whether the expenditure was a wise one 159.1 in light of the fact that it had only one proposal. Director Hess explained that this bid was awarded by McClelland Engineers, not the City Board. Vernon Rowe stated his firm felt very comfortable, based on past experience, that it had negotiated favorably with Mid -Continental. Rowe said the State archeologist had reviewed the contract and indicated that the City "is getting a very good deal". • NOMINATING COMMITTEE REPORT Director Johnson reported on the Nominating Committee's recommendations 159.2 for appointments to citizen committees. • Director Johnson, seconded by Bumpass, made a motion that Dennis W. Moore be appointed to a position on the Board of Adjustment, for an unexpired term ending April 1, 1991; that_ Dan Epperly be appointed to a position on the Civil Service Commission, for an unexpired term ending April 1, 1989, that Stephen Brandeis be appointed to a position on the Electrical Licensing Board, for a term ending October 1, 1987; and that Carol Phillips be appointed to a position on the Library Board of Trustees, to fill an unexpired term ending April 1, 1990. Upon roll call, the motion passed, 6-0. BID AWARD/SHOTGUNS • 159.3 The Mayor introduced consideration of the award of Bid 11695 for shotguns 159.4 for the Police Department. The Mayor noted the Public Safety Director has reported one bid was received which would result in a net cost of $2,459.20. Director Bumpass, seconded by Orton, made a motion to award the bid. 159.5 Director Johnson asked if the guns to be traded in were confiscated or City -owned. Public Safety Director Coates stated the guns were City -owned. It was clarified that some of the guns were confiscated property in the possession of the Police Department. 159.6 Upon roll call, the motion passed, 6-0. 159.7 BID AWARD/STREET STRIPING The Mayor reported two bids were received for street striping, with Stafford Enterprises of Little Rock being recommended by the staff. 159.8 160 May 20, 1986 160.1 Director Johnson, seconded by Hess, made a motion to approve the recom- mendation. Upon roll call, the motion passed, 6-0. PERSONNEL COMMITTEE REPORT 160.2 Director Johnson reported the Personnel Committee would meet on May 29, 1986. TELEPHONE SYSTEM 160.3 The Mayor introduced a request for authorization to add direct -in -dialing lines to the City telephone system, at a fixed cost of $3,238 and an increased monthly charge of $119; and for authorization of a budget adjustment of $3,952. 160.4 Administrative Services Director Scott Linebaugh explained there has been a tremendous increase in telephone traffic in the past several years, creating a situation where callers receive either constant busy signals or a situation of ringing with no answer, because the switchboard operator cannot answer all the calls. Linebaugh noted the choice was either to change the telephone system and add another operator, or to add direct -in -dialing lines to the present system. Linebaugh stated, after review of the situation, the staff recommends the addition of the direct -in -dialing lines as the most economical choice. Linebaugh pointed out the main phone number for the City will still remain in use. 160.5 David Brittenham, speaking for Midwestern Telephone, Inc., explained the City's current telephone system contains 12 trunks which are used for incoming and outgoing calls, and that the proposal is to add four direct -in -dialing trunks for incoming calls only. Brittenham explained the hope is that, by transferring some of the traffic from the current 12 trunks to the in- coming -only trunks, a corresponding number of outgoing trunks can be eliminated. 160.6 Director Bumpass noted that some institutions which use direct -in -dialing lines' often have operators who refuse to transfer calls, and who tell the caller that they must direct dial and then simply hang up. Bumpass cautioned that the City be careful about how the switchboard operator handles the situation. Brittenham told Bumpass it will be a policy decision for the City to make as to whether or not to instruct the operator to transfer calls made to the main number. Brittenham also explained that, after the addition of the new trunks, the traffic patterns will be watched, to see if there has been any reduction in traffic on the existing trunks, before any of them are eliminated. • May 20, 1986 Linebaugh told the Board that, if the change is approved, it would be made in time for the•new direct telephone numbers to be published in the telephone directory. ' V 161.1 Director Orton pointed out that the proposed change could save between 161.2 $20-25,000 over the next five years, versus the expense of adding another operator. A citizen in the audience spoke in opposition to the change, commenting that it looked like an arrangement to give private phones to some of the employees. The Mayor explained this was a change to a direct -dial situation, not an addition of phones. The citizen said he would be more in favor of the addition of a new operator and would feel better if the Board studied the situation further. The Mayor pointed out that the staff had already made a detailed analysis of the situation. He added that the change will accomplish better phone service and will save money over the next five years. 161.3 Director Bumpass asked how many of the offices were open during the noon 161.4 hour. Linebaugh stated the Business Office, City Engineer's Office, Planning Office, Inspection Office, and Public Works Administration offices are open during the noon hour. Director Johnson, seconded by Hess, made a motion to accept the recommendation 161.5 of the staff. Upon roll call, the motion passed, 6-0. OTHER BUSINESS EEOC CONCILIATION AGREEMENT City Attorney McCord noted the Equal Employment Opportunity Commission proposed the City enter into a. conciliation agreement for a term of five years with an option to renew for five years, and that the Board recently approved the execution of this agreement for a one-year term. McCord reported the EEOC has now countered with a two-year term with a two-year option, and that the staff has re -countered with a two-year term with no option. McCord reported the staff's offer is now acceptable with the EEOC. In answer to a question from Director Lancaster, McCord explained the concili- ation agreement came about as a result of an alleged violation of the Age Discrimination in Employment Act, and the agreement means the City will promise to place an advertisement stating that any person who feels they were not given an opportunity to apply for employment because of their age, can apply, take a test and be certified for possible selection. McCord added that he was convinced the City has not violated the federal law. 161.6 161.7 16? May 20, 1986 162.1 Director Hess, seconded by Johnson, made a motion to approve the agree- ment. Upon roll call, the motion passed, 6-0. LETTER FROM GREENLAND MAYOR 162.2 Director Lancaster stated he took exception to a comment in a May 6 letter from Mayor Mary Harris to Acting City Manager Murphy, in which the Mayor states "It was very refreshing to, have the cooperation of Fayetteville City Hall, something that has not happened in the past." Lancaster asked Murphy to find out to what Harris was referring. CITY MANAGER & DEPARTMENT DIRECTOR EVALUATIONS 162.3 Director Johnson asked the Directors to refer to her their comments regarding the proposed City Manager Evaluation Methodology and Department Director Evaluation Criteria. Johnson noted these issues would be discussed at a Personnel Committee meeting on May 29. BID AWARD/PCP INSTRUMENTS & APPARATUS 162.4 The Board considered the award of bid for instruments and apparatus for the Pollution Control Plant. The Mayor reported all items are eligible for 75% federal matching. In answer to a question from Director Hess, the staff responded that these expenditures are within budgetary constraints. 162.5 Director Hess, seconded by Orton, made a motion to approve the bid award. Upon roll call, the motion passed, 6-0. SHOP REPORT 162.6 Director Lancaster commended the staff responsible for the preparation of the Shop Report and its contents. In answer to a question from Director Bumpass, Acting City Manager Murphy explained that Administrative Services Director Linebaugh had departmental responsibility, but that'Bob Jacobs, who began as Maintenance Coordinator near the end of the consulting firm's term, deserves a lot of credit. Other Directors spoke favorably about positive changes at the Shop. BROCCARD LITIGATION 162.7 City Attorney McCord reported that the trial on condemnation litigation in the matter of City v. Broccard, has been continued, and that the desired test has not been completed yet. McCord said as soon as test results are in, a report will be submitted to the Board. May 20, 1986 MINUTES The Minutes of the May 6, 1986 Board meeting were approved with the following corrections and additions: 134.9. Change "endowments" to "entities.. 136.6 Add "only" to the end of the paragraph • ADJOURNMENT With no further business before the Board, the meeting was adjourned at about 8:58 p.m. 163 163.1 163.2