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HomeMy WebLinkAbout1986-11-04 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, November 4, 1986 at 7:30 p.m. in the Directors' Room of City Hall, 113 W. Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Martin, Orton, Hess, Bumpass, Johnson and Lancaster; City Manager Grimes, City Attorney McCord, City Clerk Kennedy, Department Directors Burch, Coates and Linebaugh; members of the press and audience. CALL TO ORDER Mayor Noland called the meeting to order with seven Directors present. The Mayor asked for a moment of respectful silence. REPORT TO THE PUBLIC AND BOARD City Manager Grimes presented the following monthly Report to the 396.1 Public and Board for the month of October: Workers Compensation Injuries There were two minor injuries to workers in the month of October, one in Public Works (Parks Department) and one in Public Safety (Police Department). Budget 398.2 Work on the budget is progressing on schedule but the staff is still 398.3 working to cut $800,000 in General Fund. Administrative Services Three bids were received on a new computer system, one of which was disqualified. Proposals have been forwarded to the Steering Committee, composed of experts in the field from other governmental entities and private enterprise. Shop efficiency continues to improve, with there being 88% productive time on word orders. Data Processing has completed a work order system. 398.4 398.5 398.6 •-m� a5 A. v 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 November 4, 1986 Arts Center Bonds will be reviewed Thursday, November 6 at a Special Board meeting scheduled in Room 111 of City Hall. The City Attorney, Administrative Services Director and Project Director Louis Watts attended a meeting in New York to work on bonds for the Solid Waste project. Public Safety The Fire Department conducted ladder training for fire fighters, and a mobile air cascade unit has been received which will be used to resupply breathing apparatus. Two fire fighters attended training on hazardous materials situations. Two public information officers have been designated to serve at disasters when there is a need for dissemination of information. The Inspection Superintendent attended the annual International Research and Educational Conference on the Southern Building Code. The Police Department saved $2,823 in its policing of University of Arkansas football games, due to the efforts of Police Chief Richard Watson. Public Works Grimes distributed the monthly status report on engineering and maintenance projects. He reported drainage pipe and utility relocation is complete on the Appleby Road project and it should proceed more rapidly from this point forward. Reporting on the radio system, Grimes said a questionnaire was distributed to City departments and 85% of respondents indicated the system is performing either better or much better than the old system, and 75% reported fewer "dead spots". Grimes reported a range test has been started on the system, results are very good at this point, but the test has not yet been completed. Grimes announced a study for an east/west highway corridor was done for two or three routes across the northern part of Arkansas and a copy is available in the City Manager's Office. Grimes announced that the final environmental impact statement for the U.S. Highway 71 relocation from Interstate 40 northward to the Fayetteville Bypass is available in the City Manager's Office. Director Hess asked the City Manager if he had a report or a way to determine the efficiency of the departments on an ongoing basis. Grimes responded that this year's budget had projected a consultant to be used in the Sanitation Division and the Public Works Department, but that this will be done instead in 1987. November 4, 1986. Director Hess asked for a report on the maintenance pool. Grimes reported it is in operation, and that cross training is continuing. Director Hess asked the City Manager to include this area in the monthly status report. 1987 CD BUDGET The Mayor reported there were 30-40% more requests than funds available in the 1987 Community Development Block Grant budget. Director Johnson suggested that the Board wait until all Directors have submitted a tally showing priorities for requests. Johnson asked the Community Development Director to prepare a list showing how the money has been spent in the last two years. Director Johnson suggested the Board consider the CD budget at a special Board meeting on Wednesday, November 12 at 8:30 a.m. Director Johnson, seconded by Martin, made a motion to table this item until Wednesday, November 12, pending receipt of the tally from all Directors' requests, and pending receipt of a summary of Community Development expenditures for the last two years. Upon roll call, the motion passed, 7-0. Director Hess asked if administrative costs and indirect costs were associated with any particular aspect of the Community Development Program. Sandra Carlisle responded that the indirect costs were determined by the City, and administrative costs were taken off the top, with the remainder of the money being allocated to the projects. Hess asked if administrative costs would remain the same even if some of the projects were done away with entirely. Carlisle said administrative costs would remain the same. Director Johnson asked that administrative costs be included in the summary. STREET CLOSING The Mayor introduced further consideration of a request from J. Y. Hughes and Raj V. Kilambi for an ordinance abandoning and vacating a portion of Elizabeth Street located between 1363 and 1403 Harold Street; left on first reading at the October 7 and October 21 meetings. Hughes commented that there had been some question at the last meeting regarding the reason for the request to vacate this portion of. the Street, and he read his letter to the Board dated June 13, 1986, in which he states that he had been informed by Sam Rogers Realty that they deeded Elizabeth Avenue in the Stubblefield Addition to the City of Fayetteville, that the street has now been changed and a cul de sac 400.1 400.2 400.3 400.4 400.5 400.6 400.7 `[ y. S t l . i 401 has been added at Briarcliff and question, being 180' x 50', will is growing up in tall grass and deposit of refuse. November 4, 1986 Elizabeth Avenue, that the portion in never be needed for a street, that it has been used by the public for the 401.1 Director Johnson asked Hughes if the drainage was being taken care of between his and Kilambi's lots. Hughes stated nature was taking care of the drainage, in that rainwater runs into a concrete drainage ditch provided for that purpose behind the two lots. 401.2 401.3 Director Johnson said she thought the $65,000 cost estimate to construct that portion of the street was entirely too much for the City to spend. Johnson said she was upset in that this portion was never opened up when the Addition was developed. Director Johnson, seconded by Orton, made a motion to place the ordinance on its second reading. Upon roll call, the motion passed, 7- 0. The City Attorney 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 its third and final reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the third time. 401.4 The Mayor asked if anyone present wished to speak in opposition to the ordinance. 401.5 Director Bumpass asked if the City would be asking for any compensation in this matter. The Mayor explained that the City Attorney had advised at the last meeting that, when a street is abandoned, the law provides for that portion of the street to revert to the adjacent property owners, with the retention of any utility easements. The City Attorney confirmed that information. 401.6 Director Lancaster asked if the City would be relieved of any responsibilities for drainage in this case. The City Attorney explained that the abandonment does not impose any liabilities on the city to construct any additional drainage improvements. He said if the property owners were in any way to divert the surface drainage, common law would apply but it wouldn't impose any liability on the city. The City Manager asked if a drainage easement could be included in the ordinance. The City Attorney said an amendment to the ordinance would be in order if the Board foresaw a need to construct a public drainage structure. 401.7 Director Johnson, seconded by Orton, made a motion to so amend the ordinance. Upon roll call, the motion passed, 7-0. 401.8 Director Bumpass asked about the question which was raised at the last meeting about the lot being a possible pathway for churchgoers in the neighborhood. The City Manager said the developer of the lot reported November 4, 1986 he had talked with the adjoining property owners who expressed a wish to not have a pathway on the lot. Upon roll call, the ordinance (as amended) passed, 7-0. ORDINANCE NO. 3221 APPEARS ON PAGE b"a OF ORDINANCE & RESOLUTION BOOK )(XIV REZONING/BUCHANAN AVENUE The Mayor introduced an ordinance rezoning .508 of an acre located east of Buchanan Avenue and north of Stone Street, from R-3 "High Density Residential" to P-1 "Institutional". The Mayor reported this was recommended for approval by the Planning Commission and by the Planning Consultant, being property to be purchased by the Fayetteville Public School system. 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 its second reading. Upon roll call, the motion passed, 7-0. The City Attorney 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 its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. The Mayor asked if anyone present wished to speak in opposition to the ordinance. No public opposition was expressed and, upon roll call, the ordinance passed; 7-0. ORDINANCE NO. 3222 APPEARS ON PAGE Yr OF ORDINANCE & RESOLUTION BOOK Kj(I V SIGN APPEAL The Mayor introduced an appeal from the literal provisions of the Sign Ordinance for an off-site freestanding directory sign to be located at the southeast corner of Birch Avenue and Poplar Street, in an I-1 "Heavy Commercial and Light Industrial" zone. The Mayor explained the directory sign would be used by the various businesses in that area. Becky Maxwell addressed the Board, stating she was speaking on behalf of The Skate Place, Heckathorn Construction Company, Fayetteville Self - Service Storage Company, Kitchen Distributors and Mayflower Worldwide Moving Service. Maxwell noted that the Board had approved a variance in the past for a similar sign to be installed on property owned by Pat '- 0,? ,? 402.1 402.2 402.3 402.4 402.5 402.6 110li November 4, 1986 Tobin on the southwest corner rather than the southeast corner of Birch and Poplar. She said Dave Albert of Kitchen Distributors built a sign in accordance with the requirements of the ordinance but did not install it because Pat Tobin's tenants were unhappy with the location of the sign. She said now permission has been obtained from Dash Goff to install the sign on his property. Maxwell said the only change from their original request is the location for the sign. Maxwell said the City Sign Inspector has approved of the sign and its size has now been reduced to 8' x 9'. She said the sign would be located 60' from the centerline of the street. 403.1 Director Martin asked if this sign would preclude the property owner from installing any other freestanding on his property. Maxwell said that a spot on the directory sign will be reserved for use by Mr. Goff, and it was understood that any other sign he would have would have to be attached to a building on that lot. 403.2 Director Lancaster, seconded by Martin, made a motion to approve the request. Upon roll call, the motion passed, 7-0. 403.3 Director Orton stated she appreciated the fact that several business have worked together to plan such a sign and she thought it would be far more attractive than an assortment of signs. 403.4 it was clarified for Maxwell that the space between the bottom of the sign and the ground was not included in the square footage requirements of the sign, but that the permitted height should be measured from the street level to the top of the sign. 403.5 In response to a question from Director Johnson, the City Attorney explained The Skate Place would have to request a variance for any other off site sign it might wish to have. ALCOHOL ORDINANCE AMENDMENT 403.6 The Mayor introduced an amendment to the Ordinance which makes it unlawful for a minor to attempt to purchase or otherwise obtain any alcoholic beverage. The Mayor explained the amendment would define the reasons why suspected persons could be detained by an owner -- in order for the owner to obtain the actual identity, address and age of a person reasonably suspected of violating the Ordinance. 403.7 The City Attorney explained that the amendment was recommended by the City Prosecutor. 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 its second reading. Upon roll call, the motion passed, 5-2, with Directors Martin and Lancaster voting in the minority. November 4, 1986 Director Orton asked what the mechanics were of making an arrest in this situation. The City Attorney explained the purpose of the ordinance is merely to clarify the purpose for which an operator can detain a suspect, that being for the purpose of determining their name, identity, address and age. He said if the Board has a problem with the entire concept of detention, not the purpose of detention, he would recommend they table the ordinance and have the City Prosecutor present at the next meeting to more fully answer questions. Director Martin said in his opinion this ordinance was super -important but it had become a soap opera in that week after week there has been a new amendment, demonstrating in his opinion that it hasn't been thoroughly thought out. Martin said he would like to see the staff think this thing out to the point where the Board could act with at least the hope of settling it once and for all. In answer to a question from Director Hess, the City Attorney clarified that the existing ordinance does permit detention of persons suspected of violating the ordinance. Hess said he saw no reason for asking the staff to work on another ordinance. Director Bumpass said he thought the purpose of the amendment was to further clarify for the operators that they are going to have something to base some reasonable detention for a reasonable length of time, of someone they suspect of being.in violation. The City Attorney stated if he had been aware this amendment was controversial he would have asked the City Prosecutor to be present. He recommended again that the Board table this item until the City Prosecutor can be invited to be present at the next meeting. Director Orton asked whether it was the responsibility of the merchant or the police officer to obtain information from suspect. The City Attorney said the merchant would be authorized to detain suspects for the purpose of securing information either by him or by a police officer. Director Orton said she thought the amendment sounded like it was the responsibility of the merchant to detain the suspect. Director Johnson, seconded by Martin, made a motion to table this item until the next meeting. Upon roll call, the motion passed, 6-1, with Hess voting in the minority. Director Bumpass asked the Public Safety Director to find out if there have been any incidents relating to enforcement of the ordinance. Director Hess commented that the ordinance as it exists still permits detention of suspects by a merchant, but a merchant could theoretically be sued for false detention because the purpose of the detention has not been clarified. 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 C .4 0 r. 405.1 405.2 405.3 404.4 404.5 404.6 404.7 November 4, 1986 Although the motion to move the ordinance to second reading passed, 5- 2, the ordinance was left on first reading. TAX LEVY The Mayor introduced an ordinance levying the real estate and personal property taxes within the city for the year 1986. The City Attorney explained that Amendment 59 required that property tax millage be "rolled back" so as not to increase actual tax collection more than 10% above the collection prior to the reappraisals of property. He said initially it had been his opinion that, after the initial rollback year, the City could not increase the millage for general governmental purposes back to 5 mills maximum permitted under Amendment 10. He said that after further study he has concluded that in this year the City could increase the millage for general governmental purposes to 5 mills, although it is not obligated to do so. Director Hess made a motion that, in light of the fact that the City is still looking for $800,000 in the budget, this question be tabled until the special Board meeting on November 6, to give the Board a chance to get information from Scott Linebaugh in terms of how much money could be generated and where the moneys could be put to use if the Board did decide to raise the millage. The City Attorney explained the millage certification must be delivered to the Washington County Clerk before November 13. Director Orton seconded the motion. Director Johnson stated that legislation requires the City to raise the millage to 5 mills within five years, but the City is not required to raise it now. Johnson said she was not so sure now was a good time for a millage increase. 404.8 Director Martin said one thing the Board is still working on is increasing the efficiency of City operations and getting more mileage out of current tax dollars. Martin said in his opinion it would be irresponsible to increase taxes before attempting to increase efficiency. Martin said there was no information which he could be provided in the next few days which would cause him to want to increase taxes. 404.9 The City Manager suggested the Board approve the tax levy as it has been the past year, with the thought in mind that an amendment could be passed later, if the Board chose to do so. t November 4, 1986 Director Hess withdrew the motion and Director Orton withdrew her second. The Mayor introduced an ordinance levying 3.1 mills on real property and 4.8 mills on personal property. The City Attorney explained that the Board must raise the levy to 5 mills within four years from the date of reappraisal. Director Martin asked how the current total millage compares to that of other communities in this area. Scott Linebaugh said the millage for most communities is basically the same, but some communities such as Hot Springs, North Little Rock and Fort Smith are beginning to raise their millage. Linebaugh reported that, if the millage were raised to what it had been in the past, it would generate an increase in General Fund of $522,000, $91,000 to Police Pension Fund, and $91,000 to the Fire Pension Fund, for a total of $705,000, or approximately $130,000 per mil. Linebaugh said the total millage for the City of Fayetteville is low, compared to other cities. • The City Attorney read the ordinance for the first time. Bumpass, seconded by Johnson, made a motion to suspend the place the ordinance on its second reading Upon roll call, passed, 7-0. The ordinance Bumpass, seconded by Johnson, rules and place the ordinance roll call, the motion passed, third time. Director rules and the motion was read for the second time. Director made a motion to further suspend the on its third and final reading. Upon 7-0. The ordinance was read for the Upon roll call, the ordinance passed, 6-1, with Hess voting in the minority. ORDINANCE NO. 3223 APPEARS ON PAGE "4 OF ORDINANCE & RESOLUTION BOOK X / v NOMINATING COMMITTEE The Mayor introduced a report from the Board Nominating Committee. Director Johnson reported the committee recommends the appointment of Foster Park to a vacancy on the City Library Board of Trustees, for a term expiring April 1, 1991. Johnson, seconded by Hess, made a motion to approve the recommendation of the committee. Upon roll call, the motion passed, 7-0. 't 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 'it if i 407.1 407.2 407.3 407.4 407.5 November 4, 1986 TOWNSHIP ROAD CHANGE ORDERS The Mayor introduced a request for approval of change orders to the construction contract with Jerry D. Sweetser for improvements to Township Road. The Mayor reported the total increase would amount to $52,550. Public Works Director Burch explained the representative for the engineer was unexpectedly called away and could not be present. Burch said the first item requested is 3,000' of french drains to be added to the project. He explained the exact amount of these needed for the project could not be determined until construction began, when several underground seepage areas had been encountered. Burch said the second item requested was the lowering of existing sewer service connections and replacement of existing pipe with standard soil pipe. Burch explained this work is for service to two houses which were not included when the initial survey was done, as it was believed at that time they would not be served. Burch said the third request, for "hillside borrow material" is requested because on-site material is mostly unsuitable and inadequate in quantity. Burch said channel improvement is requested as a result of rechannelization becoming necessary after construction began. The Mayor asked Burch if these changes were necessary for the integrity and longevity of the street. Burch agreed they were necessary. Director Hess said he could not imagine that none of these changes were foreseeable until after the project began, and that no one thought there might be springs or hillside water running at the bottom of the hill. Burch said that geological exploration and lab tests are very expensive and he is told by all the engineers in the area, and some of the City staff, that every acceptable method in practice was used on this project. Director Hess asked how the City could get to the point on future projects where it is not continually subject to having to approve change orders which cause substantial cost increases. Burch said he thought in the future the City needed to include more geological surveys for its projects. Director Martin commented that no one disputes the changes are required, but asked why the City was continually underwriting engineering bungles for things that are required but never foreseen in the first place. Burch said it has been accepted practice in the engineering field for projects like this to not spend an excessive amount of money to explore for the unknown. Burch said he thought there should be at least a 10% contingency added to every engineering project cost. 407.6 Director Martin suggested perhaps the City is never apprised of major areas where there could be overruns resulting from the engineering process. Martin said, if the City is going to continue to spend November 4, 1986 millions of dollars on capital projects, he would like to see the engineers doing a better job. Mayor Noland agreed but said he would still encourage staff to come before the Board with such requests when they are necessary, as opposed to covering it over and allowing.a street to be built which might later fail and cause increased long-term maintenance costs. Director Johnson asked if the engineer had any legal liability for not preparing specs properly or for not anticipating some of the costs. The City Attorney responded that it would depend on the standard practice in the community, something which would require research on his part. Director. Lancaster commented that the Board was "pinning down" Deryl Burch on this matter and, as he saw it, Burch had no responsibility whatever for this job, as he did not even work for the City at the time the Board hired the contractor. Director Johnson, seconded by Martin, made a motion to table until the engineer can attend a meeting and talk to the Hoard about this matter. In answer to questions from Directors regarding whether this action would delay the project, the City Attorney explained that continuing on with the project would not preclude the City from seeking recourse in the event there has been failure to conform with customary practices. Director Lancaster said, since the City isn't about to build a road that isn't good, he thought the project should not be delayed, and the question of who pays for the additional costs can be brought up to the engineer at a later time. Upon roll call, the motion failed, 2-5, with Directors Martin and Johnson voting for the motion, and Directors Orton, Hess, Noland, Bumpass and Lancaster voting against the motion. Director Bumpass, seconded by Orton, made a motion to approve the change orders. Director Lancaster asked that the stipulation be added that the engineer come to the next Board meeting with an explanation. Director Bumpass agreed. Director Johnson said, if the City has a Contracts Administrator, he didn't save the City a dime on this project. Johnson said requests such as these mean that any bid that is awarded has no validity. Director Hess proposed the Contracts Administrator be asked to find $52,000 in the street project to cover this overrun. City Manager Grimes explained to the Board that the City did not have a Contract Administrator at the time this road was designed. Director Hess said he would guarantee there is $52,000 of fat in the project. Director 4 r1 4 . VCi 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 AA I''a 'k U v November 4, 1986 409.1 Martin disagreed, stating there was no evidence of that, only that $52,000 in costs are now being proposed which were not anticipated in the original engineering. 409.2 Upon roll call, the motion passed, 4-3, with Directors Orton, Noland, Bumpass and Lancaster voting for the motion, and Directors Martin, Hess and Johnson voting against the motion. 409.3 409.4 RESOLUTION NO. 106-86 APPEARS ON PAGE 392 OF ORDINANCE & RESOLUTION BOOK XI, V 1l Director Hess asked Deryl Burch to report back to the Board within the next few weeks, or as quickly as he is able, and investigate the whole procedure that the City uses to bid big projects and the whole procedure that the City uses with engineering firms. Director Johnson requested Clayton Powell appear before the Board at the time the engineer is in attendance. City Manager Grimes told the Board that Powell was no longer on the staff. 409.5 Grimes pointed out that several requests were being made by individual Directors and asked that, once there is a request, there be an indication from the majority of the Board. 409.6 • Director Johnson, seconded by Bumpass, made a motion that the engineer appear before the Board at the next Board meeting. 409.7 Director Bumpass asked that a general policy be included in this request - that the Public Works Director, the City Manager, the City Attorney and the City Engineer review this situation and put the engineer on notice that the City Board has questions and wishes him to appear to defend himself. 409.8 409.9 Upon roll call, the motion passed, 7-0. Director Hess made a motion that the Board request Deryl Burch look into our whole bidding process with engineers for big capital expenditures, to see if he can come up with some modifications and improvements and report back to the Board. Hess said he was talking about the entire process, including the way the City gives out bids and specifications. There was no second to the motion. Director Johnson said, until Director Hess had a suggestion to make, she hated for the staff to review the whole process. Hess said he did not think it was his position to make the suggestion, that it was Burch's position to find some improvement in the process and report back to the Board. Director Martin said as far as he was concerned, that was management's job and they don't need a motion from the Board to do their job. Martin said he didn't think the Board was trying to lay guilt on anybody, but is trying to improve the whole process so taxpayers are not continually charged more than what the Board originally approved. November 4, 1986 TOWNSHIP ROAD LIGHTS The Mayor introduced a request for approval of a proposal from SWEPCO to install street lights along the Township Road extension. The Mayor explained SWEPCO would install 17 100 -watt sodium lights with the only cost to the City being a monthly service charge of $6.73 per light. Director Johnson, seconded by Bumpass, made a motion the request be approved. Director Bumpass mentioned that he had asked Deryl B rch if he had considered bidding this job separately and apparently its considered but SWEPCO's proposal was found to be the most economical way to get the street lighted. Deryl Burch, in response to a question from Director Martin, asked if the service would be underground. Burch said it would be and therefore work could be done in conjunction with other construction. Upon roll call, the motion passed, 7-0. Director Bumpass asked if 100 -watt sodium lighting was equivalent to lights on Dickson Street. Burch stated the proposed sodium light would have more lumens than a standard street light. The Mayor explained these lights give as much candle power as mercury vapor lights but are a lot more fuel efficient. Bumpass suggested perhaps a higher wattage light could be used, in view of the fact this will be a four lane road. Director Orton pointed out that the road will go through a residential area and if the lights are too bright there will be complaints from. the residents. City Manager Grimes pointed out the lights being proposed are recommended by SWEPCO's lighting experts. CONDEMNATION The Mayor introduced a resolution authorizing the initiation of condemnation proceedings against two tracts of land, for the acquisition of easements necessary for the extension of sewer service to the Sherwood Forest Estates. The Mayor said he thought any costs incurred by the condemnation proceedings should be added to the total costs of the project, incorporated into the eventual hook -on fees which were studied for this project, from the standpoint of other development that occurs, and not for the residents in the Sherwood Forest Estates. 4 . 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 4 1 November 4, 1986 411.1 The City Attorney said the City's right-of-way agent had advised him there was another tract which should be added to the resolution, although negotiations with the property owner are still continuing. 411.2 Director Johnson, seconded by Bumpass, made a motion to approve the resolution for three tracts of land owned by Gaddy and Sutton. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 107-86 APPEARS ON PAGE 313 OF ORDINANCE & RESOLUTION BOOK XX d I I CROP DAMAGE PAYMENT 411.3 The Mayor introduced a request for authorization to make reimbursement for crop damage to a leaseholder on the City's sludge management site. 411.4 The City Attorney recommended the item be tabled, explaining there were a few variables still up in the air which the Board needs to be aware of, and the position of the lessee ascertained before a final decision is made. 411.5 Director Bumpass, seconded by Martin, made a motion to table. Upon roll call, the motion passed, 7-0. SLUDGE SITE LEASE 411.6 The Mayor introduced a resolution authorizing the Mayor and City Clerk to execute a lease agreement for a residential structure located on the City's sludge site in the Wyman Community. The Mayor explained the term of the lease would expire on June 30, 1987, with this being a caretaker arrangement with the lessee. 411.7 Director Orton, seconded by Lancaster, made a motion to approve the resolution. 411.8 In answer to a question from Director Bumpass, the City Attorney explained that there was no rental payment but the lessee would provide security for the home. 411.9 Director Johnson asked the staff to explain their recommendation for no leasing fee. Director Bumpass asked what the City paid for the home when the property was condemned. Deryl Burch stated he was not sure. 411.10 Director Martin asked if it would be fair to say that, if the City had not needed the property, the residents would still be living there. The City Manager stated he thought Mrs. Frances Mitchell was living November 4, 1986 there at the time of condemnation. He pointed out the term of the lease is only for seven months and it wasn't practical for the City to look for a long-term tenant when it is getting ready to spread sludge in the area. Director Martin pointed out that, since the City condemned this property, it would be a gesture to Mrs. Mitchell to give her continued tenancy in the house until the City needs the house. In answer to a question from Director Bumpass, the City Attorney said he thought the City paid several hundred thousand dollars for the house. Burch informed the Board the house is being considered as a possible office site or farm residence for the sludge management operation when it goes on line. Director Bumpass said he thought the City should either give the tenant notice to vacate or offer to rent the house to them, based on the appraised value of the house. Bumpass said he thought the owners had been fairly compensated. In answer to a question from Martin, Bumpass said the City did not pay the asking price. Martin said he thought this lease was a small concession. Bumpass suggested the lease be for a thirty -day term. The City Attorney explained there was a thirty day termination clause in the lease. Upon roll call, the motion passed, 4-2-1, with Directors Martin, Orton, Noland and Lancaster voting in favor of the motion, Directors Bumpass and Johnson voting against the motion, and Director Hess absent. RESOLUTION NO. 108-86 APPEARS ON PAGE 3977 OF ORDINANCE & RESOLUTION BOOK XXdt\ BID AWARDS The Board considered the award of Bid #734 for a soil aeration unit for the Parks Department. The Mayor reported one bid was received from Capital Turf and Equipment Co. for $3,528.59. Director Johnson, seconded by Bumpass, made a motion to award the bid and approve a budget adjustment. Upon roll call, the motion passed, 6- 0, with Director Hess absent. RESOLUTION NO. 109-86 APPEARS ON PAGE 37,' OF ORDINANCE & RESOLUTION BOOK )(KV (1 The Board considered the award of Bid #735 for liquid chlorine, with the low bidder, McKesson Chemical Company, bidding $63,180. 412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 .1.'1 November 4, 1986 413.1 Director Johnson, seconded by Bumpass, made a motion to award the bid. Upon roll call, the motion passed, 6-0, with Director Hess absent. OTHER BUSINESS BILL OF ASSURANCE/JOHNSON & SONS MOTOR COMPANY 413.2 The Mayor introduced a recommendation from the Public Works Director to authorize a Bill of Assurance on improvements required of Johnson and Sons Motor Company. The Mayor explained that a previous Bill of Assurance expired in August of this year. 413.3 Director Johnson, seconded by Martin, made a motion to table this until the Board has a chance to look at the property. Upon roll call, the motion passed, 6-0, with Director Hess absent. BID AWARD/SPRINKLER SYSTEM 413.4 The Mayor introduced the award of Bid #633 for a sprinkler system for the White Hangar at the Airport. 413.5 Director Johnson, seconded by Lancaster, made a motion to award the bid and approve a budget adjustment. 413.6 Director Orton asked why the bid came in so much higher than the amount budgeted. Director Johnson said the company which prepared the bid specifications indicated the work could be done for $20,000 but even that company bid a higher amount. Johnson pointed out this is the second time this project has been bid, with the Board having rejected the first bids as being over-estimate. The Mayor asked if these bids were better than the first bids Director Lancaster said these bids were less than the first bids. Director Johnson explained that a contract must be executed because plans must stay in an office in Little Rock for four weeks before installation can begin. 413.7 Upon roll call, the motion passed, 6-0, with Director Hess absent. RESOLUTION NOS. 111-86 AND 112-86 APPEAR ON PAGE y®,? OF ORDINANCE & RESOLUTION BOOK 1(X{/ 1 01/-n) /1)14 7,y0s 13 -4 -Ji XX V 1I LAKE FAYETTEVILLE RESTROOM FACILITY 413.8 The Mayor introduced a request from the Public Works Director for award of bid for restroom facilities at Lake Fayetteville and Wilson Park. November 4, 1986 Director Bumpass commented that, for $70,000, you could build a new softball field. He stated this was an outrageous expenditure. Director Johnson, seconded by Bumpass, made a motion to defer the request until the next Board meeting. Upon roll call, the motion passed, 6-0, with Director Hess absent. RAZORBACK ROAD City Manager Grimes explained the Transportation Improvement Program plan includes the extension of Razorback Road from 15th Street to Cato Springs Road, with engineering to be done this coming year and the remainder of the project the following year. He explained the plan is to utilize Urban Systems Funds and the street would be built to Highway Department standards. Grimes asked the Board to approve a resolution asking the Highway Department to make the Razorback Road segment an Urban Systems project so it will have 95% federal funding and 5% local funding. Director Lancaster, seconded by Orton, made a motion to approve the resolution. Upon roll call, the motion passed, 5-1, with Director Johnson voting against the motion and Director Hess absent. RESOLUTION NO. 110-86 APPEARS ON PAGE t O / OF ORDINANCE & RESOLUTION BOOK XXVI INTERSECTION LIGHTING Director Bumpass said that prior to the meeting Director Lancaster and he asked the staff to investigate there being ample street lighting of the intersections of Highways 265 and 45, and Highways 265 and 16, while they are under construction. Director Bumpass asked if four Board members would be in favor of this suggestion. Director Bumpass, seconded by Orton, made a motion to that effect. The Mayor noted there were lights on those corners and suggested maybe it was up to the Highway Department to tell the City whether it is adequate or not. Upon roll call, the motion passed, 6-0, with Director Hess. absent. In answer to a question from Director Orton, Director Bumpass agreed that his intent was for the staff to first determine whether there is adequate lighting and if not, decide how it could be made adequate. 414.1 414.2 414.3 414.'4 414.45 4144, 414.1 414.g I November 4, 1986 MINUTES 415.1 The minutes of the October 21, 1986 meeting were approved with the following corrections: 393.7 Change "Orton" to "Bumpass" ADJOURNMENT 415.2 With no further business before the Board, the meeting adjourned at 9:30 p.m.