Loading...
HomeMy WebLinkAbout1987-07-07 Minutes196 1 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, July 7, 1987 at 7:30 p.m. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Marinoni, Bumpass, Lancaster and .Kelley; Acting City Manager Linebaugh, City Attorney McCord, City Clerk McWethy, Department Directors Burch and Coates; members of the press and audience ABSENT: Directors Hess and Martin CALL TO ORDER X196.1 The meeting was called to order by the Mayor, with five Directors j present. The Mayor asked that a moment of respectful silence be observed. ARTS CENTER ARCHITECT 196.2 The Mayor introduced a recommendation from the Arts Center Council for approval of a resolution authorizing a contract with Mott, Mobley, McGowan and Griffin as architect for the Walton Arts Center, to beenteredinto with the City .of Fayetteville and the University of Arkansas. 196.3 The Mayor reported the architect would be compensated based on 6.25% of the construction cost. She said the Acting City Manager and the City Attorney had reviewed the contract. 196.4 The City Attorney said he recommended a change regarding ownership of the documents to which the architect has agreed. McCord said the contract in the agenda does not reflect the change but the executed document would so provide. 196.5 Director Bumpass said the Board was privy to what the architect's services will include and has been privy to correspondence between the Arts Center Council and the architect in arriving at the fee. Bumpass said it looked like a good arrangement. 196.6 Director Bumpass moved the resolution approving the architectural contract with Mott, Mobley, McGowan and Griffin, under the terms as stated in the agenda, plus the addition that the City will own the documents. The motion was seconded by Kelley. 1 July 7, 1987 The Mayor pointed out the contract would have to be approved by the University of Arkansas and, if there are any changes, the contract will come back before the City Board for approval. 137 Upon roll call, the motion passed, 5-0, with Directors Hess and 197.2 Martin absent. RESOLUTION NO. 50-87 APPEARS ON PAGE 2/1 OF ORDINANCE AND RESOLUTION BOOK XXV/ii COMMISSIONER APPOINTMENT The Mayor introduced a resolution authorizing the appointment of 197.3 Leroy Pearce to fill David McClinton's position as commissioner on the Board of Improvement for the Dickson Street Central Business Improvement District No. 1. Director Bumpass said he would abstain from voting because of his 197.4 interest with the Commission. Director Lancaster moved to pass the resolution. 197.5' Bumpass explained McClinton could not meet the statutory 197.6 requirements because of a possibility of an indirect subcontractor position on the planned parking lots, either as prime contractor or gravel contractor. The motion was seconded by Kelley. Upon roll passed, 4-0-1, with Bumpass abstaining. RESOLUTION NO. 51-87 APPEARS ON PAGE 0723 RESOLUTION BOOK XXV/1I call, the motion 197.7 OF ORDINANCE AND PROPERTY CLEANUPS The Mayor announced that the next six items on the agenda 197.8 concerned ordinances ordering the razing and removal of unsafe structures. She said three of the owners have indicated they are going to do something and she suggested, because all seven Directors were not present, the items could be tabled until the next Board meeting and, if substantial property cleanup has not taken place, then the ordinances could be voted on by all seven Directors. Director Marinoni moved to table, seconded by Bumpass. Upon roll 197. call, the motion passed, 5-0. • 1 PUBLIC SAFETY COMMITTEE • July 7, 1987 198.1' Director Marinoni reported the committee met on June 25 to discuss the City policy whereby police officers respond to calls from citizens to unlock private vehicles. He said officers responded to 2,168 "lockouts" last year, spent an average of 20 minutes per occasion, or an expenditure of $7,200 in wages. He said the officers use a "slim jim" tool which can cause damage to vehicles which are newer than 1979 or which have electrically operated windows. He said the department reports 76 vehicles were damaged last year. Marinoni added that local locksmiths claim this service hurts their livelihood. Marinoni said the Police Department proposes dropping the service and instead referring citizens to a locksmith. 198.2 I.3 Director Bumpass said he thought the service.was good for the City and good for the citizens. Bumpass asked if the police would respond to citizens with some personal contact when they call. Public Safety Director Coates said he understood the committee asked the department to respond with personal contact but to explain the problem. Coates said the City will continue to ask citizens to sign a release that the City will not be liable if there is damage to the vehicle. Coates said that obviously if there is a life involved, a police officer will find a way to get into any model car and, if the citizen realizes their car is likely to be damaged but still wants the officer to open the vehicle, the officer will proceed. Bumpass asked if an officer could call a dispatcher and ask the dispatcher to call a locksmith. Coates said the police would do everything possible to prevent a citizen from being stranded and he saw no problem with such a call being made for a citizen. Marinoni reported the committee agreed in part with the proposal and thought the Police Department could curtail the service to some extent by asking citizens, when they call, what year model the car is and if .it is equipped with electric windows, to not service late -model cars or cars with electric windows, and hopefully refer some citizens to locksmiths. Marinoni said the Police Department agreed with the committee's recommendation. 198.4 Director Kelley said he thought, if only 4% of cars unlocked were damaged, that the program was pretty successful. Kelley said he was opposed to the City' reducing the level of service but understands the City should make sure to disclaim all possibilities of damage to vehicles. Kelley said he thought the service was a good image -builder for the City, especially for visitors to Fayetteville. III5 Lancaster said he thought the service was one of the greatest the City could provide from a public relations standpoint. July 7, 1987 The Mayor asked the staff to report back to the Board in three months on how the service is working. PUBLIC WORKS COMMITTEE Public Works Director Deryl Burch reported on the Board Public Works Committee meeting held on June 25 to review changes to the Transportation Improvement Program for 1988-1992. Burch reported that, for 1988, 13 projects are shown on the list to be undertaken, and other items are shown as deleted for reasons indicated on the list. Burch explained that, for 1989- 92, items 14-26 are shown on the list as active projects, with items 27-33 shown as additions for that time period, and other items shown as deletions, with reasons indicated on the list. Burch stressed that no priorities are established for the projects at this time, and that when funds become available priorities will be set. Mayor Johnson said priorities have been set for the 13 projects on the list for 1988. She said these included North Street reconstruction from Gregg to Skull Creek; Poplar bridge; Poplar widening: Leverett/Gregg; Razorback Road bridge: State Highway 16/State Highway 265; Ash Street reconstruction: Gregg/Woolsey; Gregg Street signal at the Township intersection; Double Springs Road bridge at Owl Creek; Joyce Street reconstruction: Old Missouri/State Highway 265; Drake Street construction: Sunny Lane/Gregg; Highway 265 signal: State Highway 16 intersection; State Highway 471 signal: Milsap Road intersection; and Township Road widening/signal: Old Wire intersection. Director Kelley expressed concern about some severely damaged railroad crossings which he thought should receive higher priority as soon as possible. Director Lancaster asked for a report on the sidewalk program for 199.6 this year. Burch said there was very little sidewalk work scheduled for this year other than those sidewalks being built under the Community Development Program. Burch was asked to check on this for the next Board meeting. Director Bumpass raised the issue of the sidewalk requirements 199.7 for developers of subdivisions. Bumpass said he learned that, as a matter of policy, developers are allowed to enter into a contract with the City by which they are not required to build sidewalks until a particular lot is developed. Bumpass asked if such contracts are automatically granted to developers. Burch said this was a policy when a request is made. 199.2 199.3 199.4 199.5 1 200 July 7, 1987 The City Attorney explained that several years ago the City's subdivision regulations required sidewalks to be built when a subdivision was developed but later the Planning Commission recommended an amendment to the ordinance which now provides that sidewalks shall be constructed "...no later than the time when the driveway to the lot is installed. If a lot is vacant for five years from the date of final plat approval, the record owner of that lot shall be required to install the sidewalk within three months of receipt of written notice from the City Manager. Should the owner fail or refuse to install the sidewalk within the time provided, the City may install the sidewalk and charge the cost to the owner, and the City shall have a lien against the lot for such costs." The City Attorney stressed this was not a policy but was a requirement of the ordinance and placed the burden on the owner as opposed to the developer. • 200.2 Bumpass asked if the City Manager can require that sidewalks be built. McCord said, in a case which is not a new subdivision, there is a different ordinance which allows the City to give notice to any property owner to build a sidewalk within a specified time. I,3 Bumpass said he had seen two subdivisions built on Old Wire Road with no sidewalks. He said when he first served on the Board sidewalks were a big priority and now it seems they aren't being built at all. 'Bumpass said there is an inventory of sidewalks which can be "called on" to be built by the City. He said the Board had asked to be made aware, on an annual basis, of which sidewalks could -be "called on" to be built. Bumpass suggested an update on current sidewalk projects would be appropriate some time prior to the budget process. 200.4 Burch said the Planning Office keeps track of sidewalk Bills of Assurance which can be called by the City but he pointed out it has been an unwritten rule to wait until many portions of sidewalks can be built at one time, rather than requiring short sections be built. 200.5 Mayor Johnson suggested the Board consider this along with the new subdivision regulations presently being reviewed. '.200.6 City Attorney McCord said, as far as new subdivisions are concerned, the original point of view of the ordinance was that the developer should be required to install subdivisions "in toto" after final plat approval, but the argument was made that, when a house is constructed and a driveway is installed, a sidewalk has to be ripped out. McCord said the policy has been debated for 15 years as to what is the best approach. r • • • 9U 1 July 7, 1987 Director Marinoni moved to approve the 1988-1992 Transportation 201.1 Improvement Program, seconded by Bumpass. Upon roll call, the motion passed, 5-0. FINANCE COMMITTEE Acting City Manager Scott Linebaugh reported on behalf of the 201.2 Board Finance Committee which met on June 25 to discuss a request from the Fayetteville Chamber of Commerce that the City prepay $88,870.62 of principal and interest on a Fayetteville Industrial Development Corporation bond issue for the older section of the Industrial Park. Linebaugh said the City currently has $66,000 of the amount "on the books" and the remainder is interest. He explained the Chamber and the City were joint partners in an endeavor whereby land was given to the City to control as long as they pay off this amount. He said the committee recommended paying the entire $88,870.62 but with the stipulation that the staff should prepare a report on economic growth problems for the Board, along with a recommendation on how to proceed. He said in addition the committee approved a budget adjustment from the General Fund to the Industrial Park Fund for the expenditure. He said the committee suggested the Mayor form a committee of five, consisting of the City Board members serving on the Advertising and Promotion Commission and Finance Committee. Linebaugh said the staff would report back to this committee on the economic development issue. Director Bumpass asked for an explanation of the difference between the $66,000 and the $88,870.62. Linebaugh explained only $66,000 was kept on the books because the ordinance did not specify interest was to be paid. Linebaugh said the staff believes the past Board and the past staff intended tc pay the interest and recommends the payment be paid. The City Attorney agreed the recommendation was consistent with the intent of the original participation agreement, although this was not clearly reflected in an amendment. Director Bumpass asked about the status of certain grant moneys which were used in the development of the original Industrial Park, and if this payment would be the last encumbrance. Dale Christy, Fayetteville Chamber President, said when this payment is made there would be no encumbrance on the part of the City. Christy said there was a stipulation with an EDA grant that the City had to put any profits (from the sale of land in the Industrial Park) back into the Industrial Park, and could not use them for any other purpose. He said no prepayment would be required as long as profits are used for industrial purposes. 201.3 201.4 201.5 1 • July 7, 1987 Director Kelley stated that, due to his association with First National Bank as a bondholder in this issue, he would abstain from voting. ;202.2 Director Lancaster, seconded by Marinoni, moved the recommendation of the committee be approved. Upon roll call, the motion passed, 4-0-1, Kelley abstaining. PERSONNEL COMMITTEE 202.3 The Mayor reported the report from the Board Personnel Committee meeting of June 24 would be postponed until the next meeting or the first meeting in August. 1.4 202.5 BUDGET ADJUSTMENTS AIRPORT GENERATOR The Mayor introduced a request from the Public Works Department for approval of'a budget adjustment in the" -Airport Division, of $1800 to be taken from the Building and Grounds Account, to be used for installation of a generator estimated to cost $2400. Johnson explained $1200 will be covered by a State grant, with $600 coming from a repair which came in under -budget. Director Marinoni for the Airport, passed, 5-0. moved to approve the $1800 budget adjustment seconded by Kelley. Upon roll call, the motion SETTLEMENT COST 202.6 The Mayor introduced a request from the Public Works Department for approval of a budget adjustment in the Street Division, of $15,000 to be taken from the County Detention Center street project, to be used for settlement costs in the City vs. Sweetser condemnation case. 202,7 Director Marinoni asked if the funds which were allocated for the street project were no longer necessary. Linebaugh said they wouldn't be necessary for this year. Director Bumpass asked if funds would be available for the project next year. Linebaugh said that would be questionable. 1.8 Director Bumpass said he thought the City was obligated to build that street, and would vote against the budget adjustment because 2U3 July 7, 1987 he personally opposed the settlement which was reached in the 2031 condemnation case. Director Kelley pointed out the City was obligated to pay the 203.2 settlement so that it was simply a matter of a budget allocation. Director Lancaster moved the request be granted. The motion was seconded by Marinoni and, upon roll call, passed, 4-1, Bumpass voting in the minority. BID AWARDS FIRE TRUCK The Mayor introduced consideration of the award of Bid No. 789 for an aerial ladder/pumper truck for the Fire Department. She reported the Fire Chief recommends the bid be awarded to the lower of two bidders, O.K. Fire Protection Company, bidding $307,778. Johnson reported $75,000 is in the 1987 budget for this expenditure and it is recommended the City enter into a lease -purchase plan with O. K. Fire Protection Company if this is in the best interest of the City. Linebaugh said the staff planned to use $75,000 from the 1987 budget and will negotiate a lease -purchase agreement to make up the balance. 203.3 203.4 1 203.5 Director Bumpass asked how much money could be made available 203.6 next year. Linebaugh said the staff plans to make payments over a period of three years. The City Attorney suggested the bid award be made contingent upon a financing package to be approved by the Board. Director Bumpass so moved, based upon the caveat that the 203.7 financing package will cane back before the Board. The motion was seconded by Kelley and, upon roll call, passed, 5-0. TYPEWRITERS The Mayor introduced consideration of the award of Bid No. 796 for four IBM Selectric III typewriters for the Police Department, and reported the staff recommends the bid be awarded to the lower of two bidders, AAA Business Machines, bidding $3,600. The Mayor reported the bid to be $100 under budget. Director Bumpass, seconded by Kelley, moved approval. Upon roll call, the motion passed, 5-0. 203.8 203 204 1 TACK OIL July 7, 1987 204.1 The Mayor introduced consideration of the award of Bid No. 799, for tack oil for the Public Works Department. She reported the staff recommended the bid be awarded to the only bidder which met specifications, at a total cost estimate of $12,042. 204.2 Director Bumpass, seconded by Kelley, moved approval. Upon roll call, the motion passed, 5-0. OTHER BUSINESS BOARD OF ASSESSMENT FOR WEDINGTON DISTRICT 204.3 The Mayor introduced approval of a resolution appointing Keith L. Schultz, Lee Ward and Donna Combs as assessors on the Board of Assessment for Wedington Drive Sewer Improvement District No. 1. 204.4 Director Bumpass, seconded by Marinoni, moved that Keith Schultz, Lee Ward and Donna Combs be appointed as the Board of Assessment for Wedington Drive Sewer Improvement District No. 1,. Upon roll call, the motion passed, 5-0. RESOLUTION NO.52-87 APPEARS ON PAGE 702/ OF ORDINANCE AND RESOLUTION BOOK,U011 ELKHART PRODUCTS CORPORATION BONDS 204.5 The City Attorney told the Board it approved a Memorandum of Intent in March of 1986 to issue up to $4 million in Industrial Development Revenue bonds for improvements to the Elkhart Products Corporation plant in Fayetteville. He said the company undertook the project and the cost exceeded their original costs estimates because of changes in the currency exchange rate and for a number of other reasons. He said the company requests the Memorandum of Intent be amended to authorize up to $6,250,000 in IDBs so they can recoup their total investment out of tax exempt bonds. He said this would require passage of a resolution authorizing the Mayor and City Clerk to execute an amendment to the Memorandum of Intent to increase the size of the contemplated bond issue to $6,250,000. I74.6 Director Bumpass, seconded by Kelley, moved approval of the resolution. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 53-87 APPEARS ON PAGE 22r OF ORDINANCE AND . _ RESOLUTION BOOK A(V)1‘ July 7, 1987 CHANGE ORDER NO. 4/SLUDGE CONTRACT The Mayor introduced a request from the Public Works Director for 205.1 approval of Change Order No. 4 to the sludge management system contract. She said the change would result in a deduction of $5,709 to the contract. Director Lancaster asked if the deletion of the barbed wire fence 205.2 was recommended. Burch said a cyclone fence is recommended in place of barbed wire, for which bids will be sought. He estimated a $6,000 increase to the contract for the cyclone fence. 1 Director Bumpass asked why the cyclone fence was recommended. 205.3 Burch said the area to be fenced will store equipment and machinery which could be subject to vandalism. Director Lancaster moved approval of the change order, seconded 205.4 by Marinoni. Upon roll call, the motion passed, 5-0. BOARD COMMITTEE MEETINGS Board Committee meetings were scheduled for 8:30 a.m. on 205.5 Wednesday, July 15, to be held in the following order: (1) Personnel; (2) Public Safety; (3) Public Works; and (4) Finance. SPECIAL BOARD MEETINGS A special Board meeting was scheduled for Monday, July 13 at 5:00 205.6 p.m. to consider applicants to be interviewed for the position of City Manager. A special Board meeting was scheduled for Friday, July 17 at 1:30 205.7 p.m. to consider Warner Cable's early franchise renewal proposal. RECEPTION FOR DON GRIMES The Mayor announced a reception for Don Grimes would be held at 205.8 6:00 p.m. in the foyer of City Hall prior to the Board meeting on July 21. MINUTES The minutes of the June 16, 1987 meeting were approved. 205.9