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MINUTES OF A MEETING OF THE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, May 19, 1987 at 7:30 p.m. in the Directors' Room
of the City Administration Building, 113 West Mountain Street,
Fayetteville, Arkansas.
PRESENT: Mayor Johnson; Directors Lancaster, Martin, Kelley,
Marinoni, Hess and Bumpass; Acting City Manager
Linebaugh, City Attorney McCord, City Clerk
Kennedy, Department Directors Burch and Coates;
members of the press and audience
CALL TO ORDER
The Mayor called the meeting to order, with seven Directors
present. The Mayor asked for a moment of respectful silence.
REPORT TO PUBLIC
142.1 Acting City Manager Scott Linebaugh presented the monthly report
to the public, noting this report would now be given at the second
Board meeting of every month. The report, in greater detail, was
distributed to the Directors and members of the press, and
contained a financial summary, a personnel summary, a report on
pending litigation, a summary of progress for the month of April
made by the Administrative Services, Public Safety and Public
Works Departments, and status reports on detailed goals and
objectives.
142.2
142.3
Linebaugh also reported a memo had been sent to the Directors
which addressed improvements which have been made in the last
several weeks. He said these included the adoption of -new
guidelines to demonstrate the employees are doing a good job.
Linebaugh reported the Public Works Department had adopted a
scheduling system which shows where crews are working, and there
are plans to begin the use of a "big board" system, which would
show an estimate of how much time it should take for a project to
be completed compared to the actual time taken. Linebaugh said
the difference between the two would be reviewed. He reported a
system of spot checks had begun, to review the crews on the work
site; and a new lunch hour policy has been implemented to address
problems.
Mayor Johnson asked for the cost of the transition to advertising
100% of open positions. Linebaugh said that, after the change has
been in effect for one month, he would be able to provide that
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May 19, 1987
information to the Board. Johnson asked who was approving the 143.1
advertisements. Linebaugh said these were approved by upper level
supervisors.
In answer to a question from Director Bumpass, Public Works 143.2
Director. Deryl Burch reported the traffic signal at Gregg and
North should be installed in early 1988, with some preliminary
work to be done this year.
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Mayor Johnson asked when the Personnel Policy would come before 143.3
the Board. Linebaugh said he hoped to bring it before the Board
Personnel Committee next week.
REZONING/PETITION R87-10
The Mayor introduced an ordinance rezoning 87.13 acres south of
Highway 62 West approximately 400 feet east of Old Farmington
Road; from A-1 "Agricultural" to R-1 "Low Density Residential R-2
"Medium Density Residential", R-0 "Residential Office" and C-2
"Thoroughfare Commercial". The Mayor reported the Planning
Commission recommended approval of the rezoning on May 11, by a
vote of 8-0.
The City Attorney read the ordinance for the first time. Director
Bumpass, seconded by Marinoni, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call,
the motion passed, 7-0. The ordinance was read for the second
time. Director Bumpass, 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, 7-0. The
ordinance was read for the third and final time.
The Mayor asked if anyone present
ordinance. No public opposition
if anyone wished to speak in favor
wished to speak against the
was expressed. The Mayor asked
of the ordinance.
Dave Jorgenson spoke on behalf of the petitioners, Robert Westphal
and B. E. Cobb. Jorgenson said the intended use for the 55 acres
of R-1 was to develop a subdivision. It was clarified by the City
Attorney that the allowable density was four families per acre.
Jorgenson said there were no plans to develop the property at this
time. Jorgenson said although only one access to Highway 62 is
shown, he realized that for 55 acres there may be a need for more
than one access onto Highway 62. He added that surrounding
property owners had expressed the wish that Finger Road not be
improved. He told the Board water and sewer was available to the
property.
143.4
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May 19, 1987
144.1 Director Marinoni asked Jorgenson to expand on what changes had
been made to the original plans and reasons why neighbors had
originally objected to these. Jorgenson explained they had
originally requested more C-2 zoning along the highway and the
neighbors expressed objections to "strip zoning" and were
concerned about the zoning that would surround their country -type
atmosphere.
144.2 Upon roll call, the ordinance passed, 7-0.
ORDINANCE No, 3265
RESOLUTION BOOK
APPEARS ON PAGE OF ORDINANCE AND
Nein 1.,irne.J.
REZONING/PETITION R87-13
144.3 The Mayor introduced an
property located at the
Oakland Avenue, from R-2
Density Residential".
Fe -F J GVproy
ordinance rezoning 11,200 square feet of
northeast corner of Holly Street and
"Medium Density Residential" to R-3 "High
144.4 The City Attorney read the ordinance for the first time. Director
Bumpass, seconded by Martin, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call,
the motion passed, 7-0. The ordinance was read for the second
time. Director Bumpass, 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, 7-0. The
ordinance was read for the third time.
144.5 The Mayor asked if anyone present wished to speak against the
ordinance. No public opposition was expressed. The Mayor asked
if anyone wished to speak in favor of the ordinance. Petitioner
Jim Hatfield stated he was present to answer questions. Director
Bumpass asked him if he would be making improvements to the
drainage swale on the west. Hatfield said he had no plans for the
property at this time. Director Bumpass asked how many apartments
Hatfield intended to build on the property. Hatfield said he
planned for ten 1 -bedroom units with 15 parking spaces.
144.6 Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO, 3266 APPEARS ON PAGE /'I.Z OF ORDINANCE AND
RESOLUTION BOOK XX1V
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May. 19, 1987
ALLEY VACATION/BETWEEN LOUISE & ILA
The Mayor introduced an ordinance vacating and abandoning a
portion of an east/west alley located between Louise and Ila
Streets, south of Wilson Avenue.
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The City Attorney read the ordinance for the first time. Director
Bumpass, seconded by Martin, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call,
the motion passed, 7-0. The ordinance was read for the second
time. Director Bumpass, 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, 7-0. The
ordinance was read for the third time.
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145.1
145.2
The Mayor asked if anyone wished to speak in opposition to closing 145.3
the alley. No public opposition was expressed.
Planning Director Sandra Carlisle noted the alley was not used by
the public or by sanitation vehicles. She reported all utilities
had concurred in vacating the alley, although SWEPCO requests an
easement for their overhead facilities in the alley.
145.4
Upon roll call, the ordinance passed, 7-0. 145.5
ORDINANCE NO. 3267APPEARS ON PAGE
RESOLUTION BOOK XX/
/7y
ALLEY VACATION/BETWEEN MISSOURI WAY & N. SKYLINE
OF ORDINANCE AND
Planning Director Carlisle told the Board that, although Greg
House had asked that his alley vacation be tabled because he
thought he could not be present, he is now present at this meeting
and asks the Board to consider his request. Mayor Johnson said
she had a problem considering this because the Board had not
looked at the property, thinking the request was to be tabled.
145.6
House explained the city water line runs askew to the alley and he 145.7
would like to close the alley and rededicate an easement which
would run with the city water line. House said he had waited two
months to receive concurrence from the phone company. House told
the Board he owned the property on both sides of the alley, so the
closing of the alley would not affect other property owners.
Director Martin commented that, in light of the fact that House
owns the property on both sides and the utility companies have
concurred, he saw no reason why the Board should not act on the
request.
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May 19, 1987
146.1 Director Marinoni asked if the alley was passable. House said the
alley could only be used by pedestrians, as it was a steep hill.
Director Bumpass asked House if he would allow the public to drive
over the alley at some point. House said he thought it was
physically impossible. City Attorney McCord explained a 15'
utility easement would be retained, not an access easement.
McCord pointed out the alley was only five feet wide. Director
Bumpass asked House if it would be possible for pedestrians to use
the easement. House said he intended only for there to be a
utility easement. The City Attorney pointed out this request is
to the City's benefit. He explained the ordinance itself would
not reserve a utility easement, and that the property owner must
execute a right-of-way grant which will reserve the 15' utility
easement. He added that the ordinance to vacate the alley would
not take effect for thirty days.
146.2 The City Attorney read the ordinance for the first time. Director
Martin, seconded by Lancaster, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call,
the motion passed, 7-0. The ordinance was read for the second
time. Director Martin, seconded by Kelley, 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 and final time.
146.3 The Mayor asked if anyone present wished to speak against the
ordinance. No public opposition was expressed.
146.4 Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3268 APPEARS ON PAGE /76 OF ORDINANCE &
RESOLUTION BOOK XX/V
RURAL FIRE PROTECTION
146.5 The Mayor introduced a resolution authorizing approval of revised
rates for outside -city standby fire protection. The Mayor
explained the proposed increase, for individual contracts, is from
$282 in 1986 to $292 for 1987; and for neighborhood contracts,
from $141 per household in 1986 to $146. Johnson said the city
presently has contracts with 11 neighborhood associations, 8
individuals and one farm.
146.6 Director Lancaster, seconded by Marinoni, made a motion to pass
the resolution. Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 34-87APPEARS ON PAGE //8
RESOLUTION BOOK X X J I I 1
OF ORDINANCE AND
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WEDINGTON SEWER IMPROVEMENT DISTRICT
i
May 19, 1987
Attorney Rick Osborne, speaking for the Wedington Sewer
Improvement District, told the Board that an error had been made
when notice was sent to owners of property within the district.
Osborne said notice was sent by regular mail and the law requires
notice to be made by certified mail. Osborne said that thepublic
hearing wouldhave to be held again, for public comment to
determine the sufficiency of the petition, and that at the next
Board meeting on June 2, the Board would have to consider re-
enactment of the ordinance. Osborne said bond counsel has also
advised a number be assigned to the district -- Wedington Drive
Sewer Improvement District No. 1.
The Mayor opened.. the public hearing for public comment to
determine the sufficiency of the petition to form the district.
The Mayor asked if anyone wished to speak. Osborne told the Board
the signers of the petition constitute own over 65% of the
assessed value of property in the district. The hearing was
closed, to be reopened for comments on June 2.
WASTEWATER TREATMENT PLANT ITEMS
127
147.1
147.2
SLUDGE VEHICLES
The Mayor introduced the award of bid for sludge application 147.3
vehicles, for the wastewater treatment project. She reported that
CH2M Hill, the engineer, recommends the award of bid to the lower
of two bidders, I.M.E., bidding a lump sum of $208,000; she said
the engineer reports grant money is available for these vehicles
out of contingency amounts which will be otherwise unused since
there were more deductive change orders than additive ones.
Director Bumpass, seconded by Hess, moved the award of bid as -147.4
recommended. Upon roll call, the motion passed, 7-0.
SLUDGE SPRINKLERS
The Mayor introduced the award of bid for sprinklers for the
sludge management project. She reported the engineer recommends
the award to Hobbs -Adams Engineering Company, bidding a lump sum
price of $329,232. She noted the engineer had judged Hobbs -Adams
to be the lower of three bidders since the "apparent" low bidder
could not meet delivery requirements. She added that only four of
the 16 sprinklers would be grant eligible, with the remainder of
the expense to be taken from contingency funds.
147.5
148.
May 19, 1987
148.1 Dennis Sandretto, speaking for CH2M Hill, updated the Board on a
revision to their recommendation. Sandretto said the "apparent"
low bidder, Rainbow, had made an exception from 120 days to 180
days. Sandretto said Rainbow has now pointed out that the bid
document states that the contract award may take 75 days from the
bid opening to the Notice of Award, with 120 days following that
until the delivery date. Sandretto said Rainbow had calculated a
total of 195 days, and therefore proposed 180 days.
148.2 Sandretto said Rainbow also submitted a standard warranty which
indicated it superceded all other warranties, and had conditions
in opposition to the warranty requirements of the contract
documents. Sandretto said Hobbs -Adams submitted a statement that
they would abide by the warranty in the document. Sandretto said
for that reason the engineer has determined Rainbow is "not
responsive".
148.3 Sandretto said that, according to the City Attorney, Arkansas law
would permit the Board to award to a contractor who is not the
lowest bidder but EPA regulations dictate the Board award to the
lowest responsible responsive bidder.
148.4 Sandretto said, excluding sales tax, Hobbs -Adams' bid is about
$7,000 higher than Rainbow's bid.
148.5 Director Hess asked if the differences in warranties would create
a greater cost to the City. Sandretto said the possibility was
there, the equipment was worth close to $250,000, and if there was
some major defect in all of the equipment, he could foresee the
possibility of a substantial cost.
148.6 In reference to the point of hydraulic drive versus mechanical
drive, Sandretto added that Rainbow has submitted a calculation
showing their drive to be less expensive than Hobbs -Adams' drive.
Hess commented that correspondence received after bids have
already been opened is probably not relevant.
148.7 The City Attorney quoted from McQuillan on Municipal Corporations,
which he indicated correctly stated the law in Arkansas -- that
"bids cannot be changed in substance after presentation and the
lapse of the designated time for opening bids but merely
irregularities in form may, after opening, be corrected or
disregarded. In proper circumstances the contract may be awarded
to one who is not the lowest bidder where this is done in the
public interest and the exercise of discretionary power granted
under the laws without fraud, unfair dealing or favoritism and
where there is a sound and reasonable basis for the award is
made." McCord said that the EPA, however, takes the position
that, if you don't award to the lowest responsible bidder meeting
bid specifications, the award will not be grant -eligible.
148.8 McCord quoted from the law, which states -- "if the lowest
bidder does not comply with valid conditions in
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May 19, 1987
connection with his bid, the municipality may and should reject
such bid. There must be a substantial compliance with the
proposal to warrant the consideration of the bid. If the omission
or irregularity is merely technical, it may be overlooked. But if
there is a substantial requirement affecting the amount of bid or
the like, the municipality must reject such bid, notwithstanding
it is the lowest bid."
Sandretto advised the Board to send its resolution to EPA for
their concurrence, and if they agree, the award is grant eligible.
McCord said if all bidders unquestionably met bid specifications
and the Board awarded to a bidder other than the lowest bidder
because it preferred the equipment, the EPA would not
participate...if however a particular bidder is the low bidder but
does not meet bid specifications, under the law the contract
should not be awarded to that bidder.
Sandretto suggested, if the Board agrees with the engineer, it
pass a resolution making the award conditional upon the actions of
the EPA.
Director Lancaster moved approval of a resolution, to be drafted
by the City Attorney, to award the contract to Hobbs -Adams.
Director Bumpass asked that the bidders be permitted to address
the Board.
A representative from Rainbow Irrigation Systems of Fitzgerald,
Georgia addressed the Board. He said he didn't think the point
was whether or not the EPA will accept the form of their bid. He
said they thought they were making an improvement in their
exception to' the delivery requirements. He said they agreed to
the terms of the contract in all cases. He said they had offered
a more efficient drive system which will cost less to operate. He
said they did not take exception to the warranty but used a
standard warranty form in their package which was not intended to
override the warranty in the contract. He asked the Board for a
chance to perform the job better for $7,000 cheaper.
Director Martin said he thought the Board wanted to do business
with the lowest responsive bidder but just can't tell at this
point what the EPA's position will be.
The Rainbow representative said if the EPA judges their bid to be
nonresponsive they will withdraw their bid.
The City Attorney said he thought the only legal issue, as far as
the responsiveness of the bid, is the warranty, and the question
of whether it was a mere irregularity in form that can be
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149.1
149.2
149.3
149.4
149.5
149.6
149.7
149.8
149.9
150.1
150.2
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May 19, 1987
corrected or disregarded, or is this an attempt to change the bid
after the deadline.
A representative from Hobbs -Adams addressed the Board. He said
the specs required a gas hydraulic drive system. He said they bid
the project strictly as requested, making no exceptions to gas
hydraulic drive. He said had they made that exception their bid
would have been slightly lower, as the gas mechanical engine drive
is less costly than the gas hydraulic drive. He said they
specified 8 h.p. gas hydraulic drive to be certain that the drives
can achieve the maximum speed desired. He said they were prepared
to deliver in 60-90 days from acceptance date if it would be in
the best interests of the project.
150.3 The City Attorney said he understood the intent of Director
Lancaster's motion was approval of a resolution authorizing
execution of a contract for the equipment with Hobbs -Adams based
upon a determination by the Board of Directors that the warranty
bid by Rainbow did not meet the specifications, unless Rainbow
protests and EPA determines that Rainbow's bid did meet bid
specifications. Director Lancaster agreed.
150.4 Lancaster's motion was seconded by Director Marinoni.
150.5
150.6
150.7
Director Bumpass said he thought there was a risk in losing grant
eligibility. He asked what would happen if Rainbow protested and
the EPA found their bid to be responsive. It was clarified that
in that case Rainbow would be awarded the bid.
Director Martin asked what would happen if Rainbow did not protest
and the EPA decides the City did not take the low bid. Martin
said the award should not be conditioned only upon Rainbowts
protest. Sandretto suggested the resolution be worded to indicate
the Board is awarding the bid to the lowest responsible responsive
bidder who has been determined to be Hobbs -Adams. He explained
that if the EPA decides the City made the wrong choice they will
not approve the award of the bid to Hobbs -Adams, and the bid award
would then fall back to Rainbow.
Sandretto said he thought a response would be received from the
EPA within 45 days.
150.8 The City Attorney read proposed wording for a resolution: "A
resolution authorizing the execution of a contract for the
equipment in question with Hobbs -Adams Engineering Company, based
upon a determination by the Board of Directors that Hobbs -Adams is
the lowest responsible responsive bidder. Said authorization is
contingent upon any timely protest by Rainbow to the EPA being
rejected, but if such protest is upheld, execution of the contract
for said equipment is hereby authorized with Rainbow. Directors
1
Lancaster
roll call,
RESOLUTION
RESOLUTION
tf-
and Marinon•+ agreed with the proposed
the motion passed, 7-0.
NO. 35-87 APPEARS ON PAGE 1/9 OF
BOOK XXVII (
ENGINEERING AMENDMENT
May 19, 1987 151
wording. -Upon
ORDINANCE AND
The Mayor introduced a resolution authorizing an amendment to the
contract with CH2M Hill to provide additional resident inspection
and engineering services during the construction period between
April 1, 1987 and September 30, 1987, as a result of the
contractor's delay in contract completion. She said the engineer
estimates $90,000 for the period from April 1 to September 30.
She said the staff reports the amount could be billed to the
contractor under a provision in the contract calling for damages.
Director Bumpass moved to authorize the amount, provided that
Olson pays for it. Bumpass asked if the City could be assured
that money could be claimed against the bond under liquidated
damages, in the event Olson does not complete the contract.
Sandretto said the City is presently withholding liquidated
damages from the contractor because of the contractor's claim for
additional weather delays. Sandretto said the engineer would have
a problem making their contract conditional upon the City's
ability to collect from the contractor. Bumpass said he thought
the rate payers should not have to undergo an additional burden
paying for these problems. Public Works Director Burch said the
City does have recourse and is depending on liquidated damages
provided for in the contract with Olson.
Director Hess asked if $90,000 could be retained from payment to
Olson. 'The City Attorney quoted from the contract provision which
states "in the event that the contractor should fail to complete
the work within the time limit or the extended time limit agreed
upon, liquidated damages shall be set at the rates designated in
the proposal plus any moneys paid by the owner to the engineer for
additional engineering and inspection services associated with
such delays." Director Hess asked if the City could withhold
money as liquidated damages against claims for payments made by
the contractor. The City Attorney said the City could do that if
it is the position it decides to take. Hess said if the City
would pay the engineer and withhold liquidated damages from the
contractor he would second the motion. Director Bumpass accepted
that amendment. The City 'Attorney suggested a proviso that such
withholding is permitted under contract documents. Bumpass and
Hess agreed with the proviso. Upon roll call, the motion passed,
7-0.
RESOLUTION NO. 36-87 APPEARS ON PAGE /g/ OF ORDINANCE AND
RESOLUTION BOOK iXVlll
COLLECTION SYSTEM CHANGE ORDER
The Mayor introduced approval of a change order to the contract
with Garney Companies, for additional compensation due to work
151.1
151.2
151.3
151.4
151.5
May 19, 1987
encountered during
cost was estimated at
telephone manhole that the
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152.1 related grant eligible
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change
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change order is J of the telephone
moved approval.
ass the responsibility City. Sandretto
Director Bumf it was to locate their
152.2 asked if ties and inform the an the
Hess their facile the company was
152.3 Director to locate asked after the contractor beg
located by the company company the contractor so, but to fall into the
explained nd they did not debris
boring
facilities abandoned
manhole this causeddebris
debris.
work, San re a in clearing or no
encountered.
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said the Ci Y pursuing could heeeXpense which
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152.6 Bob Franzmeier told the
City w
152.7 cont
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seconded by Director Bumf
1-0.
REPLACEMENT PUMPS
rant eligible•
make a demand of the
suggested the contribution
Attorney if they deny any
The City
telephone comp whether to litigate.11 to the
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tsoever, the
tactor and
bill The motion
Board can made a tion to pay theefor payment. motion P
gess152.8 d neon Southwesternpon roll call,
Director
replacement Pimps for
project.
purchase of four new
royal to p rehabilitation plant equipment
The Mayor, introduced approval recommended the purchase
expenditure for
152.9 the existing treatment staff than making the
Mayor reported the rather
$26001 Committee had
pump a�estimated @ Works cps,
repair parts. the Public the new P
reported the Purchase of
Lancaster ende
Director this and recommended 152.10 discussed
1
hkr{tik>i
Director Lancaster, seconded by Hess,
purchase.
May 19, 1987
made a motion to approve the
Project Director Bob Franzmeier clarified that
price would amount to $11,232.60.
Upon roll call, the motion passed, 7-0.
the total purchase
Director Martin asked if any observation had yet been made of the
condition of old lines north of Highway 45 East toward Old Wire
Road. Franzmeier said that line is not expected to be in poor
condition, that bad sections that are known will be replaced and
air tests will be run on other areas, such as the area which had
caused problems to Dr. Stanberry's pond.
Mayor Johnson asked how many workers were working on phase 1
construction of the treatment plant. Franzmeier estimated 60
workers shown on the last payroll. Franzmeier was asked to count
workers on the site and include the information in his next
progress report.
BID AWARDS
LIGHTING AT AIRPORT
The Mayor introduced the award of bid, for rental car parking
lighting expansion and terminal entrance lighting at the Airport.
She reported the staff recommended the award to the only bidder,
Merit Electric, bidding $9,175. The staff clarified the expense
was within budget.
It was moved by Hess, seconded by Marinoni, to award the bid to
Merit Electric for $9,175. Upon roll call, the motion passed, 6-
0-1, with Director Bumpass abstaining.
POLICE DEPARTMENT GENERATOR
The Mayor introduced the award of bid for a new generator for the
Police Department. She reported the low bidder was Bucket Truck
Service, bidding $12,424. She noted the staff requested an
offsetting budget adjustment in the amount of $471 to cover the
sales tax.
Director Bumpass, seconded by
bid. Upon roll call, the
Lancaster abstaining.
Hess, moved the award of the low
motion passed, 6-0-1, with Director
153
153.1
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153.4
153.5
153.6
153.7
153.8
153.9
154
BID WAIVERS
AUTOMATIC DOORS
May 19, 1987
154.1 The Mayor introduced an ordinance waiving the requirements of
competitive bidding for the purchase of automatic doors for the
handicap entrance to City Hall. Johnson reported the staff was
requiring a supplier who will provide local maintenance service,
and, if the waiver is approved, the staff will obtain quotes from
two Fayetteville suppliers.
154.2 The City Attorney read the ordinance for the first time.
154.3 Director Bumpass asked if the automatic doors would be in addition
to the revolving doors, and if the automatic doors were required.
Administrative Services Director Scott Linebaugh replied the
automatic doors were required under handicap regulations and would
be located at the side entrance at the front of City Hall. He
said only two suppliers in Northwest Arkansas could provide local
service.
154.4 Director Martin, 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 ordinance was read for the
second time. Director Martin, seconded by Lancaster, 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.
154.5 Director Hess said he did not understand why the staff could not
include the requirement for local maintenance in the bid
specifications, in the hopes that a lower bid might be received
from a firm willing to provide local maintenance. Director
Bumpass agreed that a nonlocal firm might offer to subcontract the
maintenance.
154.6 Upon roll call, the ordinance passed, 4-3, with Directors Hess,
Bumpass and Johnson voting in the minority.
154.7 The City Attorney advised the Board that, since there were not
five affirmative votes, it was necessary to vote on an emergency
clause. He explained that, without five affirmative votes, the
ordinance does not become effective until thirty days from the
date of publication.
154.8 Director Martin, seconded by Kelley,
Upon roll call, the motion passed,
Bumpass voting in the minority.
moved the emergency clause.
5-2, with Directors Hess and
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May 19, 1987
ORDINANCE NO. 3269 APPEARS ON PAGE /7/ OF ORDINANCE AND
RESOLUTION BOOK xX/V
PIPE AND FITTINGS
The Mayor introduced an ordinance waiving the requirements of
competitive bidding for the purchase of various pipe and fittings
for the Water and Sewer Department.
The City Attorney read the ordinance for the first time. Director
Marinoni, seconded by Martin, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call,
the motion passed, 7-0. The ordinance was read for the second
time. Director Marinoni, 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, 7-0. The
ordinance was read for the third time.
Director Bumpass asked if the staff customarily added vendors to a
list of those who are called for competitive quotes, and if the
staff always took the lowest quote. Linebaugh said the staff
almost always took the lowest quote. In answer to Bumpass,
Linebaugh said the staff reports back to the Board if it does not
take the lowest quote. Linebaugh explained there was a timing
problems because vendors don't want to hold their prices firm for
a long period of time.
Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3270
RESOLUTION BOOK XX/V
APPEARS ON PAGE /7i OF ORDINANCE AND
PUBLIC SAFETY COMMITTEE
Director Bumpass reported the Board Public Safety Committee met on
May 13to discussa-recommendation.: concerning the Animal Shelter.
Public Safety Director Marty Coates reported the staff recommended
approval of an outline for the expenditure of $67,000 (already
budgeted) for the Animal Shelter; and recommended continued
negotiations with .the Humane Society. He said the staff met on
May 18 with the Humane Society and will make a report on this at
the next Board committee meeting.
Mayor Johnson told the audience
an animal shelter incinerator,
repair to the sewer ;system
lighting, handicap floor ramps,
additional renovation.
that the $67,000 would be used for
for heating and air systems, and
to prevent flooding, for security
animal passage doors, and some
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156
PUBLIC WORKS COMMITTEE
YOUTH CENTER POOL
May 19, 1987
156.1 Director Hess reported the Board Public Works Committee met on May
13. He reported the Fayetteville Youth Center requested $158,600
for repairs to the pool building ceiling, including a new heating
and air system and other badly needed repairs. He reported the
committee unanimously recommended requests for proposals,
specifications and prices be obtained. Hess said no funds will be
expended as a result of the committee's recommendation. Director
Bumpass said after RFPs are received, that information would be
considered in five year goals for capital improvements.
CHANGE ORDERS TO V.A. ACCESS ROAD PROJECT
156.2 Hess reported the committee recommended approval of (1) adding a
spur onto the new access road to the V.A. Hospital and (2)
modifying the entrance to Evelyn Hills. Hess reported this would
be at no cost to the City, but two change orders to the existing
contract must be approved.
156.3 Hess so moved, seconded by Bumpass. Upon roll call, the motion
passed, 7-0.
156.4
RESOLUTION NO. 39_87 APPEARS ON PAGE /34 OF ORDINANCE AND
RESOLUTION BOOK XXV/H
BID AWARD/TURN LANE AT MISSION & NORTH
Hess reported the committee considered the award of bid to
McClinton -Anchor, for construction of a turn lane at Mission and
North. Hess reported $22,000 was budgeted and the bid was
$28,500, $6,500 over budget. Hess said the committee unanimously
approved the award of bid, with $6,500 to be covered by funds in
the budget for the construction of the road to the County
detention center which are not expected to be used this year.
156.5 Hess so moved, seconded by Bumpass. Upon roll call, the motion
passed, 7-0.
SIGNATURE AUTHORIZATION
156.6 The Mayor introduced a resolution authorizing the Acting City
Manager to execute Employee Deferred Compensation contracts with
the International City Manager's Association. Linebaugh explained
these contracts were for certain "exempt" employees participating
in the ICMA's pension plan.
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•
May 19, 1987
Bumpass, seconded by Hess, moved approval of the resolution. Upon
roll call, the motion passed, 7-0.
RESOLUTION NO. 38-87 APPEARS ON PAGE /3C OF ORDINANCE AND
RESOLUTION BOOK XXV1l1
OTHER BUSINESS
COMMITTEE MEETINGS SCHEDULED
The Board decided to schedule the Airport, Public Safety and
Public Works committee meetings for Wednesday, May 27, beginning
at 8:30 a.m. It was decided to schedule the Finance Committee
meeting, followed by a goal -setting meeting, for Friday, May 29,
beginning at 8:30 a.m. It was decided not to schedule a Personnel
Committee meeting at this time.
DETENTION CENTER PROJECT MEETING
Public Works Director Deryl Burch reported City staff would meet
with County Judge Charles Johnson on Friday, May 21 at 2:00 in the
Washington County Courthouse in regards to the Detention Center
project.
CITY LIBRARY CEILING,
In answer to a question from Director Lancaster, Burch reported
the City Engineer is finishing preparing specifications for the
replacement of the Library ceiling. He said the work is scheduled
to be done when school begins in the fall.
LEAGUE -SPONSORED PROGRAM
Mayor Johnson reported the League of Women Voters will sponsor a
program on the Resource Recovery Authority solid waste facility,
with experts to answer questions on the project. She said the
program will be televised on May 31 at 9:00 p.m., on June 1 at
2:30 p.m., on June 9 at 8:00 p.m., and on June 10 at 1:30 p.m.
She said Project Director Louis Watts would be present, as well as
Administrative Services Director Scott Linebaugh.
MINUTES
The minutes of the May 5, 1987 Board meeting were approved as
distributed.
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