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HomeMy WebLinkAbout1988-09-20 Minutes-466 MINUTES OF MEETING OF CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 20, 1988 at 7:30 p.m. in the Directors' Room in the City Administration Building at 113 West Mountain Street. PRESENT: Mayor Johnson; Marinoni; City Clerk McWethy, audience ABSENT: Director Hess CALL TO ORDER Directors Bumpass, Lancaster, Martin, Kelley and Manager Pennington, City Attorney McCord, City members of the staff, members of the press and The Mayor called the meeting to order at 7:30 p.m., The Mayor asked for a moment of respectful silence. CITY MANAGER'S REPORT TO THE The City Manager:. presented PUBLIC with six Directors present. 288.: a report to the public and Board for the month of 288.. City Manager Pennington began by on September 30 at 9:11 a.m. announcing the E911 system will go into effect 288. Pennington announced that Jan Simco had been hired as Community Development •Coordinator. He said Simco had a number of years of experience in working with HUD programs and would be working under Planning Director John Merrell. 288. Pennington said the Police Department had launched a program having to do with 288. the enforcement of the "child restraint" law. He said a problem which existed in Fayetteville and was a direct violation of our 288. Code of. Ordinances was that too many signs were being posted on utility poles. He said in one afternoon police officers on regular duty brought in over 300 such signs. Pennington reported that, at the last Board agenda session, the Board received a 288. copy of the latest financial audit report for 1987. He said the Board accepted the report and felt very comfortable in the findings in the report. • Pennington. announced that the dedication of the new Paul Noland Wastewater 288. Treatment Plant would be held on Saturday, September 24, at 10:30 a.m. He reported construction was essentially coming to an end and the contractor had moved off site. September 20, 1988 ?89.1 Pennington said it needed to be made very clear that, in the last few years, there has been a trend in that revenues have been under expenses. He said this pattern would continue to exist and this means new money coming in is not keeping pace with expenses. He said because of this, the City's reserves are being depleted. Pennington said he was concerned that sooner or later reserves would be gone. He said this year's budget will be one of the toughest to deal with in quite some time. He said there would be no room for new major programs but the concentration would be primarily on operations and continuance of improvements being made in the last year. 289.2 Reporting on the Arts Center project, Pennington said the Arts Center Council had authorized the architects to move from schematic design to design development. He said demolition is expected to be completed by the end of the year. 289.3 Pennington reported that franchise negotiations were in "a stopped position" between the City and Warner Cable, over one or two extremely important issues. He said due to the nature of the differences, he couldn't estimate when a proposal would come before the Board, or when a public hearing would be held. Pennington said he was disappointed. The Mayor asked when time would run out. Pennington said the time process had already passed. He said there was a point in time where, under two procedures which were set out, Warner Cable initiated negotiations towards granting them a new franchise. He said in mid -summer Warner would have had to notify the City that they wanted to go into formal negotiations. He said the City was, in effect, locked into informal negotiations. Pennington said, under the Cable Act of 1984, the City can't negotiate specific channels or numbers of channels, nor can it regulate the rates. Pennington said those are the two major issues which have come out of the study by the Task Force. Pennington said that the issue of channelization is still being discussed by the negotiating committee. 289.4 Pennington reported that, on August 27, there was a small fire at the Northwest Arkansas Mall which was extinguished quickly by the Fayetteville Fire Department but left a tremendous amount of smoke damage. Pennington said there was a lot of monetary loss from this incident. 289.5 Reporting on the incinerator disengagement process, Pennington said the Springdale News in an article on the subject referred to it as "an administrative nightmare." Pennington said he agreed and commented that "it has been jinxed from the beginning." He said the firm of Roy Weston which was retained to provide engineering consulting services on the project, notified the City that a subsidiary of their firm was negotiating a contract with M -K Ferguson on another matter. He said the staff has been trying to disengage the City from its contract with Weston and prepare a recommendation to present to the Board for another engineering firm. Director Kelley asked if work would be duplicated. Pennington said there was that possibility but he hoped to avoid that. 289.6 Pennington said M -K Ferguson has indicated to the City that Volund Technology is not at all happy. He said a letter from Volund to M -K states the boiler is presently being stored outdoors but it is imperative it be prepared for long-term storage. He said they estimated costs for this at $50,000 plus $4,000 per month September 20, 1988 for storage and insurance: Pennington said this may be a negotiating tactic but he stressed ,it was imperative the City get out of the Weston agreement. He said he would ask the Board to meet in special session next week to take action on another contract. Director Martin pointed out the City Manager's report for last month indicates the total number of employees this year to be 371 as compared to 336 one year ago. Martin asked for the cost of the increase of 35 employees. Scott Linebaugh explained part of the reason for the increase is that some employees were added in the 1988 budget, plus positions which are unfilled, and the fact that there are quite a few part-time positions which are only in effect in the summertime and which may have been on staff little longer this year than they were last year. 2:30 290.1 290.2 Pennington said it would be helpful if the number of budgeted positions could be 290.3 provided relative to the number of positions actually on -board. Martin said he couldn't imagine the City would have an increase in 35 positions from year to year. Pennington assured Martin there have been no more positions then those authorized by the Board. CONSENT AGENDA 290.9 The Mayor introduced the consent agenda which contained the following items: 290.5 Minutes of the September 6, 1988 Board meeting; 290.E B. Award of Bid #868, for painting the outside of a City water tank 290.7 located on Markham Street; 01-02 The staff recommends the award to the lower of two bidders, Walter 290.E Melvin Painting Company, bidding $109,600 if the sandblast material proves to be hazardous, and bidding $89,700 if the sandblast material proves to be non -hazardous. $175,500 is contained in the budget for this project. In•the event hazardous material is generated on the job, $65,000 would remain in the budget for disposal of the material. C. Award of Bid #870, for the purchase of two snow plow blades; and., 290.5 approval of a budget adjustment; 03-05 The staff recommends the award to'the only bidder, Moody Equipment 290.1 and Supply Company, Inc. of Little Rock, bidding $3,986 each, for a totalbid of $7,972 plus tax. The staff also recommends approval of a budget adjustment in the amount of $8,315.88 to be taken from proceeds from the saleof a slurry seal machine. D. Award of Bid #872, for asbestos removal in the FBO building at -the 290.1 Fayetteville Airport; 06-07 ?91.1 September 20, 1988 The staff recommends the award to the lowest of five bidders, J. Graves Insulation Company, bidding $22,589. The budget contains $65,000 for this project. [Note: The bid is for the FBO building only. The FAA Building was eliminated from the project because of coordination problems with the FAA Flight Service Operations.] 291.2 E. Award of Bid 4874, for sewer main replacements (Sunrise Mountain force main, Dickson Street, Nest End Avenue, Eastwood Avenue, Storer Street and Green Valley Street); and approval of a budget adjustment; 08-10 291.3 The staff recommends the award to the only bidder, Fayette Tree and Trench, bidding a total of $202,902.20. With only $188,400 in the budget for this project, a budget adjustment is recommended in the amount of $14,502.20, to be taken from funds for replacement of private lines and sewer oversizing. 291.4 RESOLUTIONS: F. Authorizing the City to have the option to participate in the State of Arkansas Cooperative Purchasing Program, for the purchase of supplies, services, equipment and materials; 11-13 RESOLUTION N0.70-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 291.5 G. Authorizing the Mayor and City Clerk to execute two renewal agreements with the State of Arkansas for sales and income tax "turnback" revenue generated from "tourist meeting facilities" of the City (the Center for Continuing Education); 28-36 291.6 Under these agreements the City receives financial assistance from the State as authorized by the "City -County Tourist Meeting and Entertainment Facilities Assistance Law." The City entered into the original two-year agreement in 1983, which provided for the City to re -certify, at the beginning of each two-year term, the revenue to be generated by the "tourist facilities" (the Center for Continuing Education), in order to compute the amount of State assistance to be paid the City for the two-year term. 291.7 291.8 291.9 The staff recommends approval of a two-year extension for the period 1986 through 1988, and approval of another two-year extension for the period 1988 through 1990. The funds received from the CCE sales tax turnback are committed to the payment of principal and interest on the CCE bond issue and therefore allow more funds to be returned to the City for advertising and promotion purposes. Amounts paid to the City under these agreements are: • 1986-1987 1987-1988 1988-1989 1989-1990 $157,360.35 210,667.78 221,202.00 232,258.00 (actual) (actual) (projected) (projected) September 20, 1988 9 9 292.: It was moved by Director Martin and seconded by Lancaster to approve the consent 292.: agenda. Upon roll call, the motion passed, 6-0, Director Hess being absent. RESOLUTION N0.71-88 APPEARS ON PAGE - OF ORDINANCE AND RESOLUTION BOOK REZONING/R88-14 The Mayor introduced an ordinance rezoning five acres located west of Leverett Avenue and north of Poplar Drive, from R-2 "Medium Density Residential" to R-3 "High Density Residential". The Mayor reported the Planning Commission recommended approval, 6-0. 292.. The City Attorney read the ordinance for the first time. Director Bumpass, 292., seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Bumpass, 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, 6-0. The ordinance was read for the third time. The Mayor asked if anyone present wished to speak in opposition. No public comments were expressed and, upon roll call, the ordinance passed, 6-0. ORDINANCE NO. XY/V 3378 APPEARS ON PAGE 379. OF ORDINANCE AND RESOLUTION BOOK SEWER CONNECTION FEES The Mayor introduced consideration of an ordinance amending the City Code to prescribe connection fees for property owners tieing onto a new sewer line to be constructed on East Shadowridge Drive. The City Attorney read the ordinance for the first time, noting that the $1500 figure shown in the ordinance was typed in error and should read $1400. 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, 5- 0-1, Director Kelley abstaining. 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, 5-0-1, Director Kelley abstaining. The ordinance was read for the • third time. 292. 292. 292. The Mayor asked if anyone present wished to speak in opposition. No public 292. comments were expressed and, upon roll call, the ordinance passed, 5-0-1, Kelley abstaining. uvu September 20, 1988 ORDINANCE NO. 3379 APPEARS ON PAGE 321 OF ORDINANCE AND RESOLUTION BOOK XXIV PETITION TO REMOVE COMMISSIONER 293.1 The Mayor introduced consideration of whether to schedule a hearing on a petition to remove commissioner Tom Pearson, Jr. from the Dickson Street Central Business Improvement District No. 1, submitted by citizens at the August 16, 1988 Board meeting. 293.2 Director Bumpass announced that he would abstain from the discussion. 293.3 The Mayor said the City Attorney had advised the Board that, if they find legal cause in the petition where there are definite facts which would constitute legal cause for removing the commissioner, then the Board should set a hearing date and receive testimony from both sides regarding the removal of the commissioner. 293.4 Director Martin said that, in reviewing the petition and, upon advice of counsel, he had concluded that, if all of the facts alleged were true, there would not be due cause to remove the commissioner. Martin moved that the petition be denied. The motion was seconded by Marinoni. Upon roll call, the motion passed, 5-0-1, Bumpass abstaining. 293.5 The Mayor said there had been a request from Bill Stiles to address the Board. Stiles approached the podium and said there was an article in the petition which he thought should be looked into - property on the corner of West and Dickson Street. He said the Board passed an ordinance about 13 years ago which required that property to be cleaned up. He said it had not been cleaned up. He pointed out the Board had recently caused a lot of other property in Fayetteville to be torn down which he said didn't look nearly as bad. He said there was a hole about 20" wide and 12" deep on the property and he had seen children playing there. 293.6 Stiles said he read in the newspaper that Fayetteville has requested the Attorney General to render an opinion on the citizen petition to place the question of the district on the ballot. The Mayor said the City Board instructed the City Attorney to write for an Attorney General's opinion. Stiles said it seemed like when anything comes up regarding the Dickson Street improvement district, TV cameras are either turned off or citizens are asked not to speak. Stiles said _ the citizens were using the legal process to try and preserve their rights and the City Board was trying to stop them. He asked if the Board thought residents ought to pay for public parking. The Mayor said she didn't think it was the Board's intent to try to draw property lines for the district. She said those were drawn by petitioners and the Board was not a party to the establishment of the lines. She said the City Board would have to submit to the County Election Commission the initiative petition which was filed to recall the improvement district. She said the reason the Board asked for the opinion was because there was a question regarding whether an initiated petition is the proper form of September 20, 1988 994 petition, and.whether it is a legal mechanism to justify the question being on 294.: the ballot. She said the Board had not tried to do anything behind anybody's back and all their meetings were open and covered by the press. She said no one was excluded from the meetings nor excluded from speaking. Stiles said the Mayor wrote him a letter telling him not to speak .at this meeting. The. Mayor said there was no gag order and the Board was simply responding to information presented to them in the petition. She said they also wrote to the opposing side saying that the Board would not receive testimony from them either. Director Lancaster said the district was not initiated by the Board but by the citizens on Dickson Street. He said, according to the law, all the Board could do was approve the district. He said he got a little bit tired of the Board being blamed for everything. He said "I think if it's illegal it ought to be • down at the courthouse." Stiles said it seemed like every time the subject of the district comes up "we have to meet some kind of condition before we can come before the Board and discuss it." Lancaster said he.felt like, with the legal advice he had received, he had no choice but to vote for the district. The Mayor told Stiles that, following the Board's decision not to call the hearing, he and the petitioners had recourse in Circuit Court. She said the ordinance regarding the property at Dickson and West was.for .demolitionkof the building which she said had been accomplished. Director Kelley said if the property was unsafe he wanted the staff to make a recommendation on .what should be done. 294.: 294.: . Larry Froelich approached the podium, stating he was an attorney. He said he 294.2 filed an amendment to the petition (to remove the commissioner) which alleges that Pearson's property was also omitted from the downtown improvement district. The Mayor told Froelich the Board had that amendment. - Froelich said the Board advised that they wouldn't receive comment from anyone at this •time concerning the petition. Froelich said it seemed to him the City Attorney did not actually render an opinion but left it to the Board to determine • the legal opinion. Froelich said it seemed strange to him that there was no professional opinion. He added that there were other professionals who would • venture an opinion as to whether or not the omission of the commissioner's property from the rolls would constitute grounds for removal. Froelich said it seemed to him the Board should solicit a professional opinion. The City Attorney said he advised the Board of the Arkansas law on their authority to remove an improvement district commissioner. He said this was analogous to a judge instructing a jury as to the law, and the jury then applying the law to the facts. McCord said the decision before the Board was, assuming all the allegations in the petition are correct, does the petition state a legal cause for removal: McCord said he did not think it was his place to substitute his judgement for the decision-making authority of the Board. Froelich said McCord was asking the Board tomake a legal conclusion. He said, when the matter came up as to what the Board could do with the petition besides approve it, there was no hesitancy on McCord's part to indicate that there was nothing else that they could do but approve it. 294.! 294.E 295.1 September 20, 1988 Director Marinoni asked what the purpose was of the other improvement district he referred to. Froelich said he was referring to "the Old Post Office improvement district" which he said was "the one that was put together for the improvement district downtown." Froelich said Pearson's property was mysteriously left off of that one as well. Froelich said it seemed to be a habit that his property is omitted from taxation. 295.2 The Mayor said the Board made a determination based on the petition which was presented. She said, if he was unsatisfied with the Board's decision, the option available was with a higher authority. Froelich said, in the opinion of some people, the Board had a broader obligation to make inquiry in matters they undertake. NEW POSITIONS 295.3 The Mayor introduced a request from the City Manager for approval of three new positions to be funded as a result of the deletion of Public Safety Department personnel and a request for approval of a budget adjustment. 295.4 The Mayor said this would add positions of Staff Administrator, Administrative Intern and a half-time Personnel Technician. 295.5 It was moved by Martin, and seconded by Kelley, to approve the request. Upon roll call, the motion passed, 6-0. 295.6 Director Kelley asked for a breakdown of positions allocated and positions filled. ENGINEERING SERVICES 295.7 The Mayor introduced consideration of a contract with Garver+Garver for engineering services in connection with the construction of improvements at the Fayetteville Airport; and a request for approval of an ordinance waiving the requirements of competitive bidding. 295.8 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, 6-0. 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, 6-0. The ordinance was read for the third time. 295.9 The Mayor asked if anyone wished to speak against the ordinance. No public opposition was expressed and, upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3380 APPEARS ON PAGE an OF ORDINANCE AND RESOLUTION BOOK xx,v September 20, 1988 tib City Manager Pennington informed the Board that although City policy requires the 296.] bidding process, federal regulations bars the City from doing this on this project. OTHER BUSINESS • SETTLEMENT OFFER The Mayor introduced a request from the City Attorney for a decision on a 296.: settlement offer. submitted by attorney for ;landowners in City v. John Banks. The City Attorney said he had no recommendation for the Board. He explained the 296.: property, which is located at the southwest corner of the block on which the Arts Center is proposed to be constructed, involves several buildings. He said the City's appraisal, made by Associated Appraisers, was $218,000, while the property -owner's appraisal, by Hinshaw and Associates, was $313,000. He said the settlement offer before the Board is for -$290,000. He said an alternative proposal (where the owner would retain a portion of the property) was submitted as well, but the architect has indicated the entire site is needed. F Director Lancaster moved the Board not do anything and let it take the course that's been set. , 296.i The City Attorney said the Board, in the past, had authorized an offer of 10% 296.! above the appraised value, which the property owners did not accept. The Mayor said that offer was $239,800. Director Marinoni seconded the motion and, upon roll call, it passed, 5-0-1, 296. Bumpass abstaining. AIRPORT GRANTS City Manager Pennington said the City had been notified that it has until the end 296.. .of September to accept two grants which the City has been working on for a number of.years.. He said the total cost of the first project was in the amount of $111,000 and the grant 'portion would be $100,179, to renovate the rotating beacon and tower, add a lighted runway and taxiway identification signs to the movement areas, replace and relocate the primary windsock and segmented circles, as well as secondary windsocks. He said the second project was to study obstructions around the airport, with total cost of Phase 1 to be $518,872; with a grant of • $466,985,making local share for both projects at $63,018. The Mayor asked if the City's cost was budgeted. Pennington said a portion was budgeted and a number of budget transfers will get the project into this year's budget. Martin asked if the projects were necessary. Pennington said they were necessary 296.1 and, if the FAA doesn't spend the money by September 30, they lose it for next year's budget. Pennington said engineers were selected some time ago for the obstruction project. - 297.1 September 20, 1988 Martin said he didn't want the City's name to show up on an obstruction study that costs $500,000 and that says "there's a mountain at the end of your runway". Martin said he was in favor of a project that would produce bona fide improvements to the Airport but if not, he didn't want to be a part of it, whether we lose the money or not. 297.2 Airport Manager Dale Frederick said this project had been in process since 1985 and was spearheaded by the federal government. He said obstructions would be identified which interfere with the slope upon which the aircraft arrive, in order to obtain a better approach. He said the purpose is to increase the safety factor at the airport. Frederick said additional lights would be added to obstructions that are found which cannot be removed. He said this was a vehicle to use the microwave landing system to its full potential, and to get minimums lower. He said the microwave landing system was not contingent on the study being done, but the final analysis of minimums the airport will be able to achieve on that precision approach is contingent on the study. He said the project has been studied since 1985 and other priorities have superceded the funding of this project up until now. 297.3 In answer to a question from Bumpass, Frederick said the microwave landing system is a precision approach for aircraft arriving on instruments to the airport. He said currently the Fayetteville airport only has a localizer approach. The Mayor said the system was scheduled to be installed in 1991. Frederick said that project would be funded at no cost to Fayetteville. 297.4 In answer to a question from Kelley, Frederick said although the cost of the first phase of the obstruction study would be $555,000, the total study would probably be over a $1 million before it is completed. 297.5 Director Marinoni asked how the contract with engineers Garver+Garver (approved earlier in the meeting) related to the grants. Frederick said the engineers provide the scope of work, plans and procedures, before the work is actually done. 297.6 Assistant Airport Manager Kelly Johnson said both projects were budgeted. She said the obstruction study was expected to take 12 months, and the lighting project is to take 9 months, with October 15 as the starting date. 297.7 Director Marinoni asked where the $63,000 (City's share) would come from for the projects. Frederick said that money is in the budget. Kelly Johnson said the City would apply for 5% funding from the State, making the actual cash outlay $25,449 on the obstruction study and $5,300 on the lighting. 297.8 A motion to approve the grants, made by Lancaster and seconded by Marinoni, was approved, upon roll call, by a vote of 6-0. BID AWARD/APPLEBY ROAD 297.9 The City Manager reported bids had been let on the Appleby Road project. He said budgeted funds were $238,000 while bids were somewhat under that amount. He said September 20, 1988. he would bring exact figures to the next Board agenda session, so the project can 298.1 be started sooner. He said a special meeting was planned for that day, so action can be taken on the contract with the engineer for the incinerator disengagement. COMMENTS FROM CITIZEN/ROBERT REUS Robert Reus approached the podium, stating he was insulted by the manner in which 298.: he was ignored by the Mayorwhen he had his hand up. The Mayor apologized to Reus, stating she didn't see him raise his hand. Reus said he was present to object to the gag order that was placed on the procedure (reference to earlier agenda item- on petition to remove commissioner). He said the "lip service" the Board had been paying to the law was "wearing thin on all of us." He said he didn't see how the Board could claim to be knowledgeable about the matter if they refuse to accept comment. He said he had been all over Tom Pearson's property and said it was an accident waiting to happen. He said there was a hole about 20" x 15" where a child could fall down at least ten feet to his death. He said underneath the hole, in the basement, there is water which looks like it is breeding mosquitos. He said when it hadn't rained in a month there looked to be about 4" of water there. The Mayor said the Board was not aware of that until now and has asked the staff to look into the situation.. Reus said Tom Pearson is supposed to be an improvement district commissioner, to improve the neighborhood, but as far as he was concerned, "he is the biggest commercial slum lord in town." Reus said he had properties which were boarded up, and broken windows that have been broken for years, and that are making our entire town look bad. The Mayor asked Reus to submit that information to the City Manager so the Inspection Department can look into them. i Reus said if Pearson could not keep up his own property he certainly was not in a position to tell him and his neighbors how to take care of their property. - He ''said Pearson .takes revenues from his properties, buys more property and lets his .property "run into the ground." He said as far as he was concerned, Pearson was basically responsible for the "bad business atmosphere" on Dickson Street right now. Reus said it was illogical for Pearson to serve on an improvement district. He said he would like to have told the Board this before they voted on the. matter. The Mayor said the Board acted on the items presented in the petition and did not have a hearing. She said if the Board had found the items to be sound reasons for removing Pearson, they would have scheduled a hearing, and public comment would have been taken at that time. She said that was "exactly what we did not want to get into." Reus said the act of leaving highly valued pieces of property out of an improvement district was illegal and criminal penalties were involved. He said as far as he was concerned it was not an act of ignorance and he was taking itvery seriously. Reus said he was getting tired of the way the Board was pushing its duties off to the courts. He said the expenses of litigating these cases were burdensome on all the taxpayers in the county. 298.; 298.4 298.` 298.E ?99.1 September 20, 1988 CITIZEN COMMENT/CYRUS YOUNG Cyrus Young approached the podium and told the Board the ordinance which was passed to tear down Pearson's building also included "unsafe and unsanitary conditions." He reminded the Board that Wayland Wilkerson was required to clean up his property and was told it must be "brought back to natural ground." Young said if the Board is going to apply the laws correctly, Pearson's property must be treated the same way. He said he didn't think it was honest or forthright to take advice from the City Attorney and no one else, stating that would not be a balanced view of the issue. CITIZEN COMMENT/DAN COODY 299.2 Dan Coody approached the podium and thanked the City Manager, the Public Works Director and everyone who had anything to do with the recycling program which has been initiated. He urged the Board to pass a landscape ordinance if one is proposed. The Mayor told Coody that planners were working on a tree protection ordinance. APPLEBY ROAD BID AWARD 299.3 The City Attorney reported two bidders bid on the Appleby Road Project, Sweetser Construction and McClinton Anchor. He said McClinton Anchor bid asphalt and Sweetser bid concrete. He said engineer Milholland reviewed both bids and recommended the bid be awarded to the low bidder, Sweetser, bidding $229,913.35. He said $238,000 was budgeted. He said the city, in the long term, will not pay the entire cost, because of the medical park which will be built. Pennington said McClinton Anchor bid $232,211.60 for asphalt. Pennington said plans were sent to four companies with both alternatives available for bid. 299.4 Director Lancaster moved the Mayor and City Clerk be authorized to execute a contract with the low bidder. 299.5 Director Martin said he didn't appreciate having facts "spewed around at the last minute" and said it was an insult to the Board and their decision-making process. He said he would abstain from the vote for that reason. Director Bumpass said he would also abstain due to lack of information. 299.6 City Manager Pennington, in answer to a question from Marinoni, explained the reason for bringing the matter before the Board at this time was because he received information because bids had been opened, it was a high priority project, there was not enough time to get the information out to the Board, and the intent was to allow the contractor to get started before bad weather begins. 299.7 Director Martin said he was concerned about the trend of bringing items to the Board for a vote at agenda meetings, stating "we're going to end up with four Board meetings a month." Martin said the agenda meeting is a time for Board members to to attend, at their discretion, to discuss matters to come before them at the next regular Board meeting. v v •Tr September 20, 1988 Director. Lancaster withdrew his motion. 300.1 Martin said•'the Board should have a chance to look at the facts and figures and 300.: make a reasoned decision. The Mayor said the Board would take up this item at the Wednesday agenda session 300.: and, in the future, -try not to have agenda items at the Wednesday meetings. COMMENTS FROM MAYOR/RECYCLING RALLY The Mayor commended the people responsible for the recycling rally. She said it was a. tremendous success and she extended congratulations to those who worked on it. CITIZEN. COMMENTS/RUTH COLLIER Ruth Collier reported the recycling rally was a huge success. She said thousands of people attended the rally. She said Mike Batie told The Springdale News that the City offered to participate in the rally but organizers did not take the City up on -:the offer: Collier said Batie did not contact the coalition. The Mayor explained that someone from the coalition contacted the City Sanitation Department, asking if the City would provide trucks. Johnson said the City •agreed to do this but was never contacted again. Collier said that was not a member of the coalition. CITIZEN COMMENTS/AL VICK Al Vick, speaking from the audience, commented that a lot of people come'to Board meetings and are not happy in their speaking. He asked the Board to consider that in their dealings with these people. He said he believed people had the right to speak. 'ADJOURNMENT The meeting was adjourned at about 9:00 p.m. 300.2 300.` 300.€ 300."