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HomeMy WebLinkAbout1979-05-29 MinutesMINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS The Board of Directors of the City of Fayetteville, Arkansas, met in special session on May 29, 1979, at 7:30 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Richard Osborne, Phil Colwell, Ann Henry, Ernest Lancaster, John Todd, and Paul Noland, City Manager Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock, and Administrative Assistant David McWethy. ABSENT: None. Q) OTHERS PRESENT: Members of the audience and representatives of the news media. 71 CO CALL TO ORDER Following roll call and a moment of respectful silence, the Mayor called for 71.1 consideration of the first item of business. Q WALKER PARK Mayor Malone opened discussion on a proposed agreement with Bryan. Walker 71.2 on steps necessary to secure title to Walker Park. Administrative Assistant David McWethy stated that in 1949 Fannie Walker had sold a piece of property to the Fayetteville Boy's Club with the agreement they would open Block Street from 7th to llth Street, and llth Street from Block to Highway 71. McWethy said in 1960 Fannie Walker dedicated Walker Park to the City, in exchange for which the City agreed to build some picnic tables and undertake the previous committments of the Boys Club to open Block Street. McWethy said this would be very expensive as a bridge would have to be built, and said the City did not feel a through street through the park would be desirable. McWethy said<the City would lake to. open up 7th' Street from Block to 13th Street 71.3 with base at this time . He said when this is done, Bryan Walker will release the deed to Walker Park to the City and when the City owns Walker Park, they hope to use CD funds to pave 13th Street from S. College to Block and to install parking for the area west of Block Street. McWethy explained they ha-ve agreed, within two years, to have Block 71.4 Street from 13th Street to 7th Street paved, nopefully with a BOR Grant, if not, the area would be eligible for CD funding. McWethy said they have also agreed that within two years they would install a plaque honoring the memory of Henry Walker. Director Lancaster asked if Community Development has acquired the property 71.5 which they are proposing to buy and Administrative Assistant McWethy said they have not yet made an offer on the property. He noted that this project is in the 1979 CD program which has not yet been approved. Director Todd questioned the total acres to be acquired and McWethy stated 71.6 that there is approximately 7 acres to be acquired later and 10 acres in Walker Park. Todd asked if any money has been paid for the property and McWethy said Walker Park was a gift to the City and the upper portion was sold to the Boys Club approximately 25 years ago. Director Osborne, seconded by Henry, moved the agreement as outlined by 71.7 McWethy be approved. The recorded vote on the motion was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. Absent: None. The mayor declared the motion passed. RESOLUTION NO. 44-79 APPEARS 011 PAGE 183 OF ORDINANCE AND RESOLUTION BOOK VII. 72 PARKING DECK LAND ACQUISITION 72.1 Mayor Malone said the city attorney has been negotiating with Mr. Whitfield and his attorney for acquisition of his property for the proposed parking deck facility. 72.2 City Attorney McCord explained that the City filed condemnation proceedings for this property early in 1978 and in March 1978 tendered into court $150,000 for compensation, based on an appraisal made by Keith Schultz. McCord said Schultz recently revised his appraisal to the date of taking and this appraisal was $197,000. McCord said Whitfield had an appraisal made by Bob Payne of Little Rock who appraised the property at $301,000. McCord stated that the case is set for trial on October 14, 1979, which is the earliest date they could get. 72.3 The city attorney explained further that Mr. Whitfield has indicated to his attorney if the case is not settled, he will instruct him to challenge the right of the City to take the property, and until that issue is resolved, it would be impossible for the City.to sell the proposed revenue bonds for the Continuing Education Center and parking garage because an opinion would not be rendered on the bond issue while the lawsuit is pending. 72.4 Mr. McCord told the Board that Mr. Whitfield has agreed on a settlement of $275,000 plus interest due on the difference between the amount tendered into court and the settlement. 72.5 Mayor Malone asked the city attorney if he has tried to move up the trial date and McCord said they had asked Judge Jameson to transfer the case to the other division but he had refused to do so. 72.6 Mayor Malone pointed out that Mr. Whitfield feels the property is worth approximately $365,000. 72.7 Director Lancaster stated that the City really has no alternatives but to settle with Mr. Whitfield and accept the proposal, or abandon the entire project. 72.8 Director John Todd asked if the number of parking spaces provided in the parking structure is what is required by the City Code for the Continuing Education Center and hotel and Malone explained that the number of spaces provided is a few less than what is required by the Code. He said in doing the study for the parking structure, they looked at what they feel will be the actual number of cars generated by the CEC and hotel. Malone pointed out that the parking garage is designed so that it could be expanded at a later date, if necessary. 72.9 Director Todd questioned if the City Code may be requiring too many parking spaces for the downtown commercial area. Director Osborne commented that he is concerned about whether they have adequate parking for the downtown area and stated that he is concerned that the entire parking deck is being committed to the hotel and CEC. Director Lancaster agreed with Director Osborne. 72.10 Mayor Malone agreed with Director Todd that the parking space require- ments for the downtown area may be too stringent and too restrictive. He said they may need to examine each project developed in the downtown area to try to make some judgement as to the amount of parking necessary for that project. 72.11 Director Todd questioned why they need so many parking spaces if the City is going to lose a quarter of a million dollars during the first few years of operation. Mayor Malone stated that one reason for the deficit during the first few years is that the parking rates for Fayetteville are too low. 72.12 Following considerable discussion, the city attorney reviewed the proposal submitted for acquisition of the parking facility site. McCord pointed out also, that many times for settlement purposes a jury will take the difference between the two amounts as a compromise, which in this case would be approximately $240,000. 72.13 Director Henry moved the City Attorney be authorized to settle for $275,000 plus interest on the difference between the amount tendered into court and the settlement. 1 Director Todd asked if the Advertising and Promotion Commission has approved this purchase and Malone said they have approved acquiring of the property, but not the specific amount of money agreed upon. Director Lancaster seconded Director Henry's motion. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed. PARKING FACILITY AGREEMENT Next for the Board's consideration was authorization for the mayor and city clerk to execute an agreement with Young, Hadawi, and DeShazo, and Hailey - Powers, architects, for final plans for the parking facility. Mayor Malone 03 explained that 5.7% was allowed for basic services and Young, Hadawi, and 0 DeShazo have said they would give the City credit for the amount which was paid cCE to them for the feasibility and demand study and the schemadic design. QMayor Malone explained the procedure which would be followed from this point on if the agreement is approved:. 1) advertise for bids; 2) receive bids; 3) execute use agreements with the hotel and the University; 4) sell the bonds; 5) let bids for the project. Malone said it would be six - eight weeks before the parking garage project would be ready to advertise for bids. He said the CEC is now ready to advertise for bids, but they are planning to advertise both projects at the same time. The mayor said the agreement would allow the architects to proceed with the design phase of the facility and get the City to a point where they could advertise for bids for the two projects. Malone stated that the 5.7% for basic services will be shared by Young, Hadawi, and DeShazo, and local architects Hailey -Powers. Discussion ensued concerning the proposal and the City Attorney recommended since the Board had not reviewed the proposal, that if they chose to approve the contract to make said approval contingent upon the city attorney and city manager's review for the amount of contractor's insurance needed, and any other recommended changes. Director Osborne suggested the governing law specified in the contract should be the governing law of Arkansas, rather than Texas as stated in the contract. Director Todd questioned the reimbursable expenses in Article 4 of the contract, which are also listed as basic services. Malone said Young, Hadawi, DeShazo's intent was that these expenses would be included in basic services. Todd asked if these expenses were limited to the design phase of the project. The mayor asked the city attorney to review these sections of the contract and other:questions which were brought up by Board members. Director Henry, seconded by Director Lancaster, moved the contract be executed, subject to the city attorney's thorough review and revision. The recorded vote on the motion was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed. RESOLUTION.NO. 45-79 APPEARS ON PAGEAR OF ORDINANCE AND RESOLUTION BOOK VII. 25241 ORDINANCE AMENDING ORDINANCE 2425 / Airport Bond Issue The City Attorney explained that the proposed ordinance would incorporate certain minor amendments to Ordinance 2425 authorizing issuance of the Airport revenue bonds. He noted that the ordinance would also designate the trustee. McCord said closing for the bonds has been set for May 31. 73 73.1 73.2 73.4 73.5 73.6 73.7 73.8 73.9 74 The City Attorney then read the ordinance for the first time. Mayor Malone seconded by Director Osborne, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Director Colwell, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Lancaster, Todd, Noland. Nays: None. The mayor declared the ordinance passed. Director Henry, seconded by Osborne, approved. The recorded vote was: Ayes: Osborne, Malone, Colwell, Henry, Nays: None. The mayor declared the emergency clause passed. moved that the emergency clause be Lancaster, Todd, Noland. ORDINANCE NO. 2533 APPEARS ON PAGE 103 OF ORDINANCE AND RESOLUTION BOOK VII. ADJOURNMENT There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. 1 1 1