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HomeMy WebLinkAbout1987-03-03 Minutes56 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, March 3, 1987 at 7:30 p.m. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT• Assistant Mayor Bumpass; Directors Martin, Kelley, Marinoni and Hess; City Manager Grimes, City Attorney McCord, City Clerk Kennedy, Department Directors Burch, Coates and Linebaugh; members of the press and audience. ABSENT: Directors Johnson and Lancaster CALL TO ORDER 56.1 The meeting was Directors present. called to order by Assistant Mayor Bumpass, with five The Assistant Mayor asked for a moment of silence. MONTHLY REPORT TO PUBLIC 56.2 City Manager Don Grimes 56.3 presented a monthly report to the public for the month of February. Workers' Compensation Report and Board Grimes reported five employees suffered medical injuries in February, two of these in the Public Safety Department, one in Public Works and one in Administrative Services. 56.4 Grimes told the Board that graphs showing each department's progress would be made available on a quarterly basis. Administrative Services Department 56.5 Grimes reported highlights of accomplishments in the Administrative Services Department: Personnel: Advertised and filled ten full-time positions and advertised all Parks Division summer positions; held elections twice for filling of "employee representative" vacancy on the Grievance Committee. *57 March 3, 1987 Accounting and Audit: Converted to accounting for the new OMI contract 57.1 for the new wastewater treatment plant; implemented all cost of living raises and step raises with zero memo checks for the past four payrolls; received a final revenue sharing payment of $16,194. Business Office: By enforcing the new "promise" policy (which involves accepting two promises per year) the number of delinquent accounts has been reduced by 5%; this percentage should increase as the year progresses. Past due bills for bad debt customers are now retained to bulk rate mailing, this will save about $100 per year on mailing expenses. 57.2 Building Maintenance. Currently training the new custodian in minor 57.3 shop work in order to make his shift more productive; he assists in such work when his housekeeping jobs are completed. Purchasing: Received computer, printer and computer accessory bids; 57.4 released RFP on Employee Assistance Program renewal. Data Processing: Building renovations to house the new computer have been started; ordered training courses to help get started with the new computer; personnel in accounting, data processing and police are already using the courses. A timetable for implementation of the computer system has been set, up; it is loose at the request of Don Wiggington because priorities might change as we bring up new systems. Customer Accounting and Collection (Meter): Reviewed inspection records for Greenland and Farmington to determine if there were any accounts tied on to sewer that weren't being billed; due to this review and some on-site inspections, 19 accounts were found to be tied on sewer. Shop: Two bulk oil storage tanks were delivered the first week of February. This will allow us to bid engine oil in bulk -which will result in a cost savings of at least $1 per 4allon. We now pay $4.76 per gallon. We have quotes of $3.60 per gallon by going to bulk. 57.5 57.6 57.7 Municipal Court: In the last report, it was mentioned that it was 57.8 planned to reduce the number of trial resets by 50%. In the last two weeks there has been a drastic cut in the number of resets granted by the City Prosecutor's Office. After meeting with the Judge, it was decided that a case would be reset only to the next week, and if an attorney or defendant needed more time, they would have to get approval from the Judge. This has resulted in a cut from approximately 30 resets for the week of February 11 to five resets for the week of February 18 and only one reset in the past week. 58 58.1 March 3, 1987 Public Safety Department Grimes reported on activities which took place in the Public Safety Department during February: 58.2 Police Division: Awards banquet held on February 6; officers changed to new navy blue uniforms on February 23 with no additional cost to the citizens; Detective Steve Copinger received "Officer of the Year" award from the Fayetteville Exchange Club; Detective Tracey Risley attended a "Traveling Criminals Seminar"; Sergeant Jerry Friend was assigned as new "Juvenile Officer". Over 600 new warrants were received from Municipal Court, with Warrant Officer Gary Dugger serving about 150 warrants. Total arrests exceeded 400. Three CRTs arrived at the police division and some personnel are attending computer classes. There have been two meetings with Southwestern Bell Telephone and AT&T concerning the 9-1-1 system which is expected to be operation in August 1988. 58.3 Fire Division: All personnel have completed CPR training, with five persons now certified as CPR instructors; 19 persons underwent drill training. The division hosted a hydrant maintenance school for fire and water department employees. Captain Larry Poage gave ten fire prevention education presentations to 150 persons, conducted three junior fire marshal training programs at private schools, and counseled one juvenile fire setter. A new personnel evaluation system was developed based on performance objectives and submitted for approval and implementation on April 1. The division received and taped a satellite video teleconference conducted by FEMA and the National Fire Academy on Firefighter Safety and Fitness. On February 18 the police and fire divisions held a chili supper at the Central Fire Station to promote better understanding between the two divisions, with the FOP and Fire Local providing costs. 58.4 Inspection Division: Continued in-house training and attended three days of plumbing school. 58.5 Communications Division: Two new dispatchers are in training; uniforms will be ordered for dispatchers who have been employed at least three months; applications are being accepted for remaining dispatcher positions; dispatchers have begun doing clerical work for the Police Division. Public Works Department 58.6 Grimes reported the Public Works Department began implementing programs planned for 1987 - 34 major maintenance projects, 31 engineering and construction projects, seven major traffic projects, 16 parks and recreation projects and seven airport projects. Five year goals, objectives, plans and expenditures are being developed and scheduling for the writing of the 1 March 3, 1987 59 operations manuals is in process. 258 calls, complaints and action requests 59.1 were handled.. Traffic: Sign bid opened; new NEMA controller installed at North and 59.2 Leverett; controller upgraded at West and Lafayette from fixed time to solid state; controller installed at St. Charles and Dickson. CD and Planning: 52 building permits issued; five rehabs in process; 59.3 seven meetings; work on requirements for new setback problems. Sanitation: Working on solving tire disposal problem with landfill; 59.4 contacted commercial accounts on tire problem; planning for Spring cleanup. • Maintenance and Engineering: Worked on several drainage problems; held fire hydrant school on February 24; underwent a Labor Department inspection; coordinate pavement management studies with city •of Fort Smith. Streets: Cleaned sidewalks and curb along Highway 471; provided gravel street maintenance; conducted brush and tree removal ,on alleys and intersections; cleaned ditches; installed gravel surface on road to Combs Park. 59.5 59.6 Water/Sewer: Total jobs completed - 137 leaks, taps, repairs. 59.7 Parks and Recreation: specifications prepared for purchasing scoreboards; playground plans completed for Wilson Park; maintenance work scheduled; taking applications for:summer help. Pollution Control/OMI: General cleanup of facilities; working on transfer of city employee records; writing new pretreatment article ,for City Code. 59.8 59.9 Airport: Rotating beacon repair; quarterly fuel farm inspections; 59.10 working on finishing White Hangar. .. In answer to a question from Director Martin, City Manager Grimes said a 59.11 rough draft of the City's five-year plan would be available by March 31, and that the Board would be asked to review this within the next week. In answer to a question from Assistant Mayor Bumpass, Grimes said the radio system was working very well, with the staff in the process of getting all departments on the proper channels. Bumpass asked that the Board be given a brief tour of the communications facility. 59.12 Bumpass asked about the status of the Gregg Street project. Grimes pointed 59.13_ out this was not a City street project but was a 75% federally funded 60 March 3, 1987 60.1 project being coordinated by the State Highway Department. He said he estimated it wou2d be completed by early Spring. 60.2 Bumpass asked for an explanation of the utility cuts being done on Old Wire Road between Mission and Old Missouri Road. Grimes explained some of these were made because of a water problem but others were due to a construction project taking place in the area for which utility cuts were necessary. Grimes said temporary patching was being done only because hot mix material is not available right now. 60.3 Bumpass asked about the status of the Township Road extension. Grimes said he observed structures were complete and base material was being applied. He said when the weather permits the remainder of the project should move along rapidly, with completion hopefully by mid -summer. 60.4 Grimes, at the request of Director Martin, agreed that at some future date he would provide the Board with a report regarding his evaluations of the department directors. 60.5 Grimes told Martin he had not yet submitted a revised report for the Public Works Director concerning performance audit items. 60.6 In answer to a request from Martin for a report concerning the city's overall plans in working with the Humane Society, Grimes reported that the City's relationship with them is good and, according to Public Safety Director Coates, things are in good shape. 60.7 Director Martin stated that in Bob Franzmeier's progress report dated February 20 the EPA has indicated Wastewater Treatment Plant project grant funding may be in jeopardy if deadlines are not met. Martin asked Grimes if the City had a plan for dealing with this possibility. Grimes explained that last August Bob Franzmeier expressed the opinion that the contractor was not on schedule. Grimes said that since that time the contractor has asked for a time extension which was not granted by the City. He said the City did formally request from the EPA an extension of 120 days from the deadlines in the Administrative Order and the EPA has verbally agreed but has stated that if the work on Phase I and II is not completed by the new deadlines (of April 30 for start up and June 30 for completion) the City may lose its remaining grant money. Grimes said he had sent a letter on February 25 to the contractor notifying them that any damages for fines incurred or grant moneys lost would be passed on to the contractor. Grimes said that the contractor had a performance bond and he believed the contractor would be financially able to indemnify the City. He said that until EPA approves the extension the Department of Pollution Control and Ecology cannot release the final $1.9 million in grant funds to the City. Martin said he hoped Grimes was considering all the alternatives available to the City and not just the avenue of protesting by letter. He said he objected to discovering such information about the project from the press. Grimes said he thought that information had been included in progress reports which have been a part of Board agendas. 1 1 March 3, 1987 61 Director Bumpass said he saw a "bleak scenario" unraveling when 61.1 subcontractors begin to make claims for payments for work they have completed. Director Martin asked that a report on the status of the project be made at 61.2 each Board meeting until the plant is completed. Director Kelley noted that the City Manager's monthly report makes no 61.3 reference to the City's financial condition and he asked'that such information be included in the monthly report to the Board. COURTHOUSE TRAFFIC SIGNAL Assistant Mayor Bumpass introduced a recommendation from the City Traffic 61.4 Superintendent in response to a request from a citizens' "Courthouse Crosswalk Committee" that the City appoint a committee to study the condition of the -pedestrian crosswalk in front of the Courthouse on College Avenue between Mountain and West Center Streets. Bumpass noted that Larry Froelich was present as secretary and spokesman for the citizen committee. Traffic Superintendent Perry Franklin explained that there had been a 61.5 temporary signal located at the'intersection of College and Center for many years which' did not meet Arkansas Highway Department Standards. He explained that, when the City applied for a permit for a signal to be located at College and Meadow, the Highway Department required the City to remove the signal at College and Center. Franklin said that, after the signal was removed, the City staff was contacted by several groups of persons concerned for the safety of pedestrians crossing in front of the Courthouse. Franklin said a new study was made of pedestrians crossing at the location and based on that the Highway Department has now agreed to issue a permit to the City for a pedestrian actuated signal at College and Center. Franklin said he thought such a signal would cost from $6,000 to $7000 and he estimated labor costs at $3,000 to $4,000. Franklin pointed out that there were no funds available in the budget for this expense. Director Hess said, if there was some peril to citizens, the signal should 61.6 be installed as soon as possible. He asked if offsetting funds could be found in the budget for this expense. Franklin suggested the possibility of the City entering into an arrangement with others whereby the City would be responsible for only half the expense. Director Marinoni asked if Washington County had been approached in this regard. Franklin said that he had discussed this with County Judge Charles Johnson who was very receptive to the idea of sharing costs but who told him that it would require the approval of the Quorum Court. City Manager 61.7 Grimes said he recommended the 50/50 cost sharing arrangement as well. • 62 62.1 62.2 62.3 62.4 62.5 62.6 March 3, 1987 Director Hess, seconded by Marinoni, made a motion that, providing an offsetting budget item can be found and that there be some mutual sharing between the City and the County, a signal be erected as soon as scheduling dictates. Director Kelley asked how the City would handle its share of the expense. City Manager Grimes said he would rather not offset this expense out of the Traffic Division budget as other projects in that division are just as important. Grimes said he would prefer to have the expense taken out of General Fund reserves. Kelley expressed objections to making an allocation without knowing from where the money would be obtained. Director Martin suggested that decision be left with City staff who would advise the Board by mid -year. Hess, with Marinoni in agreement, amended his motion to state that funding would be taken from the budget based on recommendation from the staff. Upon roll call, the motion passed, 5-0, with Directors Johnson and Lancaster absent. Bumpass suggested that Larry Froelich arrange to meet with City Manager Grimes and with the Washington County Quorum Court. SIGN APPEAL Assistant Mayor Bumpass introduced an appeal from the literal provisions of the Sign Ordinance from LeRoy Pearce, for "Boardwalk Jeans" located at 632 W. Dickson Street. Bumpass said Pearce was requesting permission to erect a 21.39 square foot on-site freestanding sign, at a height of six feet, at a six foot setback from street right-of-way. He explained the ordinance requires a sign of that size to be set back a minimum of 21 feet from street right-of-way, unless the Board determines that strict enforcement would cause practical difficulties due to circumstances unique to the sign under consideration and such a variance would be in keeping with the spirit and intent of the Sign Ordinance. Mr. Pearce said he had converted what had been a bowling alley into a "mini mall" and he explained that the entrance is obscure and he has been using a portable sign which can be seen by people walking by. Mr. Pearce distributed pictures to the Directors of several alternative signs. He said he did not know until notified by City staff that he was doing anything wrong and he commented that he could not do business without some kind of advertising. Pearce explained how he kept a record of his daily sales which demonstrated that sales dropped considerably when he did not have the use of the sign. 62.7 Director Marinoni noted there were a number of businesses in that mall and he asked if others were content with their present sign arrangements. Pearce said there were several "service" businesses and he thought they would like to have a sign such as he is proposing. He said all the March 3, 1987 businesses in the mall were advertised on a wall sign which includes the 632 Dickson Street address. THe said "Boardwalk Jeans" was the furthest back in the mall and that no other*.lousiness has asked'''for a sign. Bumpass pointed out that the .Board, in the past, had approved double -sided signs which contain the individual names of various businesses at one location. Director Kelley asked if the variance would be granted to the land owner or the business owner. Pearce said he was requesting the variance as the land owner and stated he would prefer the third alternative shown on material which he had distributed. He told the Board the sign would be lighted at night. He added that the best thing would be to use the present sign he has and take it inside at night. Building Superintendent Freeman Wood pointed out to the Board that this would be a portable sign, a different matter from the permanent freestanding sign being requested in the petition. Pearce said he could make the portable sign permanent. Director Martin expressed concern that, if this variance were granted, other requests would come from persons in similar situations who would wish to use portable signs. 63 63:1 63.2 63.3 The City Attorney said he thought the issue before the Board wasKnot to 63.4 permit a variance for a portable sign because the variance provision in the Sign Ordinance expressly provides that. the City Board cannot grant a variance for portable signs. He said the issue was whether or not to grant a variance for a freestanding sign that does not meet the setback requirements. • Director Marinoni, seconded by Kelley, made a motion to grant the setback 63.5 request. It vas clarified that the proposed sign would be a permanent freestanding sign and that the variance would be granted to the property owner. Upon roll call, the motion passed, 5-0. AIRPORT COMMITTEE REPORT ADVERTISING DISPLAY LEASES In the absence of committee chairman Lancaster, Director Marinoni reported 63.6 on the Airport Committee meeting of February 25. He reported the committee considered requests for leases with the Ramada Inn, the Park Inn and the Holiday Inn, for advertising display space at the Airport. He explained the Airport terminal lobby has space reserved for advertising for Fayetteville businesses, with each business paying $80 per month for a lease term of one year. Marinoni reported the committee recommended approval. Marinoni, seconded by Kelley, made a motion to approve a resolution 63.7 authorizing the Mayor and City Clerk to execute leases with the Ramada Inn, Park Inn and Holiday Inn for advertising display space at' the Airport. Upon roll call, the motion passed, 5-0. 64 64.1 March 3, 1987 RESOLUTION NO. 12-87 APPEARS ON PAGE 5S/ OF ORDINANCE & RESOLUTION BOOK J .6 DIRECT TELEPHONE DISPLAY LEASE Marinoni reported the committee considered a request from the Ramada Inn to lease direct dial telephone space on the Airport's existing carousel, at a cost of $20 per month plus deposit. Marinoni explained the Airport Terminal lobby contains an eight -sided carousel with each side representing a direct telephone connection to Fayetteville hotels or motels with a small space for advertisement. Marinoni said the Ramada Inn wishes to reserve one space but intends to use it only for advertising and not for telephone. Marinoni reported the committee recommended approval. 64.2 Marinoni expressed opposition to this request, stating he feared this could become an opportunity for others to use the phone pedestal for advertising, at a fee of only $20 rather than the standard $80 fee used for advertising on the wall. 64.3 Director Martin asked if the committee considered whether the carousel space might be leased contingent on the fact that Ramada Inn would have to relinquish its space if a request for telephone space came about. 64.4 Director Kelley spoke in favor of the request based on the fact that the Ramada Inn will be paying $80 per month for advertising display space on the wall. Kelley said he thought the $20 phone space was a wise supplement to the other lease. 64.5 Kelley, seconded by Hess, made a motion to approve the resolution. Director Hess pointed out only two of the eight carousel spaces are presently being leased. 64.6 Public Works Director Burch explained the Ramada Inn intends to advertise the fact that the cost of making a call from a public phone will be refunded to the customer. 64.7 Upon roll call, the motion passed, 4-1, with Marinoni voting in the minority. RESOLUTION NO. 13-87 APPEARS ON PAGE 67 0 OF ORDINANCE & RESOLUTION BOOK $ V (1 HANGER LEASE 64.8 Marinoni reported the committee considered a request from Younkin Air Service to lease a twin engine T -hanger for $135 per month for a term of 12 months. 1 1 March 3, 1987 65 Marinoni, seconded by Kelley, made a motion to accept the lease application. 65.1 Director Martin noted the airport staff was preparing a long-range financial 65.2 plan and he said he would like to see this before acting on this request. He asked if the T -hangar was financed with long-term financing. Scott Linebaugh said it was financed with a five-year lease because the City has been unable to obtain long-term financing. In answer to a question from Martin, Linebaugh said the reason for this was because there is not .enough money being generated to cover the principal and interest payments which would be necessary for long-term financing. Marinoni explained $135 was .charged for twin engine aircraft space and $110 65.3 for single. engine aircraft space. He said these payments were structured comparably to rates charged in Springdale for private aircraft. Marinoni said there are only two vacancies of the 23 units available. Upon roll call, the motion passed, 4-1, with Martin voting in the minority. 65.4 RESOLUTION N0.14-87 APPEARS ON PAGE 377 OF ORDINANCE & RESOLUTION BOOK i x ✓ tt 1 CHANGE ORDERS Assistant Mayor Bumpass introduced a resolution authorizing the approval of - 65.5 two change orders to the City's contract with Olson Construction Company for construction of the Wastewater Treatment Plant. Bumpass said the engineer reports the change orders to be necessary in order to complete the liquid treatment portion of the plant. He said the contractor estimated $6,730 for Change Order No. 17, for additional pump flanges, and $2,524. for Change Order No. 18, for the modification of a support channel at the recycle pump station. Bumpass reported the engineer believed cost estimates to be excessive and recommends the work be done by "force account" rather than by the Contractor, meaning only actual material and labor costs would be paid. Bumpass said the engineer estimates those actual costs to be about one-half of the estimated costs. He reported the Public Works Director concurred in the engineer's recommendation. Public Works Director Burch explained the change orders came about because 65.6 of discrepancies between the design plans and the specifications. He said the City would not pay for this expense but asks for approval in order to proceed with getting the work done. Burch said when actual costs can be determined, the City will file a claim with the engineer or the contractor for the exact amount. Burch said 'there was not enough time to do the necessary investigation to file the claim before approving the change orders. Burch said the change orders would cover materials and the labor would be performed by force account. The City Attorney said all the City would have to do' is give notice that it is reserving the right to make a claim. 6F March 3, 1987 66.1 Director Martin, seconded by Kelley, made a motion to approve the change orders subject to notification that the City reserves the right to protest paying for the costs. Upon roll call, the motion passed, 5-0. RESOLUTION NO.15-87 APPEARS ON PAGE / OF ORDINANCE & RESOLUTION BOOK Xxyiit BID AWARD 66.2 Assistant Mayor Bumpass introduced consideration of the award of Bid No. 750 for traffic signs and posts for the Public Works Department. Public Works Director Burch recommended the bid be awarded to the overall low bidders: Sign Consultants & Sales Interstate Sign Co. Vulcan Sign Co. Mississippi Tool & Supply Michael Todd Co. Total Bid: $ 951.20 10,233.54 7,420.81 484.20 1,513.24 $ 20,593.99 66.3 Director Hess, seconded by Marinoni, made a motion recommended. Upon roll call, the motion passed, 5-0. OTHER BUSINESS CITY V. SOUTHWESTERN BELL to award the bid as 66.4 The City Attorney explained the City was presently involved in litigation with Southwestern Bell Telephone Company on the issue of whether the City or the utility must bear the cost of relocating utilities necessitated by street improvement projects. He said the same issue was litigated a few years ago and the Supreme Court issued a somewhat confusing opinion that left open that issue, indicating the City could adopt an ordinance specifying the conditions under which a utility could occupy the public rights-of-way. McCord reported the City then passed an ordinance indicating that the utility would be required to bear the relocation costs unless the utility was entitled by federal or state law to reimbursement. He said the intent was that the City would reimburse the utility if federal or state funds were made available to the City to pay those costs. McCord said it would be in the City's best interests to clarify that intent by amending the ordinance, as well as strengthening the City's case. 66.5 At the suggestion of Director Hess, the City Attorney suggested a change in wording of Section 1(2) to state "...said funds are received by the City..." instead of "...said funds are made available to the City...". 1 March 3, 1987 In answer to a question from Director Martin, the City Attorney said the ordinance applies only to facilities located within public rights-of-way.and not within private rights-of-way. At the request of the Assistant Mayor, the City Attorney read the amendatory ordinance for the first time. Director Hess, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the second time. Director Hess, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. Director Martin stated that, as an officer of a public utility, he would ,be abstaining from the discussion and voting. Bumpass asked if there were any comments from members of the public. There being no public comments, upon roll call, the ordinance passed, 4-0-1, with Martin abstaining. Director Hess, seconded by Marinoni, made a motion to approve an emergency clause in the ordinance. Upon roll call, the motion passed, 4-0-1, with Martin abstaining. ORDINANCE NO. 3245 APPEARS ON PAGE ig OF ORDINANCE & RESOLUTION BOOK PLAQUE FOR TREATMENT PLANT Assistant Mayor Bumpass suggested the Board look at the plaque which was designed for City Hall and discuss the design of the plaque for the Wastewater Treatment Plant at the next Board committee meeting, when all seven Directors can be present. - MINUTES Director Bumpass, who had been absent at the February 17 Board meeting, asked the Directors if it was understood that the temporary road for Park Place would :have chip and seal surface or an oiled surface. Bumpass said he thought a clarification would be appropriate. Director Martin, who made the motion, said he recalled that point was not included in his motion. Martin said he thought chip and seal was the consensus. The City Attorney said he drafted the contract which he thought required chip and seal. It seemed to be the consensus of the Board that the surface should be chip and seal. With that clarification, the minutes.•tf the February 17 Board meeting- were approved as distributed. - 44 87 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 68 BOARD COMMITTEE MEETING March 3, 1987 68.1 Director Martin requested a Finance Committee meeting be scheduled to consider 1986 budget adjustments on Wednesday, March 11 at 8:30 a.m. With Director Martin in agreement, City Manager Grimes asked that a Board "Committee of the Whole" meeting take place prior to the Finance Committee meeting. BOARD COMMITTEE MINUTES 68.2 Assistant Mayor Bumpass asked if the Board could address whether or not there should be minutes kept of its committee meetings. He pointed out that sometimes Directors are not able to attend certain meetings because of other conflicts. City Manager Grimes stated the staff would try to prepare a formal agenda with room to write in comments about what transpired at those meetings. ADJOURNMENT 68.3 There being no further business, the meeting was adjourned at 9:16 p.m. 1