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HomeMy WebLinkAbout1980-06-17 Minutes1 0) 0 CALL TO ORDER CO Following a moment of respectful silence and roll call, the Mayor called the 393.1 meeting to order. 393 MINUTES OF A BOARD OF DIRECTORS tIEETING A meeting of the Board of Directors was held on Tuesday, June 17, 1980, at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Henry, Lancaster, Noland, Osborne (arrived 7:40 p.m.), Sharp; City Manager Don Grimes, City Attorney Jim McCord, City Clerk Bonnie Goering, and Administrative Assistant David McWethy ABSENT: Mayor Todd and Director Colwell OTHERS PRESENT: Members of the audience and representatives of the news media Q CENTRAL BUSINESS IMPROVEMENT DISTRICT Q City Attorney McCord said that some property owners in the central business 393.2 district have petitioned the Board for formation of a Central Business Improvement District under the provisions of the Central Business Improvement Act and that the petition has been filed with the City Clerk and required notices have been published in the paper. He said the sole issue before the Board is whether the petitions con- tain signatures representing 2/3 of the assessed value of the property in the district, and that by statute the Board is required to hold.a public hearing on the petition. If the Board finds that the petitions contain the required signatures, then the Board is obligated by statute to create the district. Assistant Mayor Noland opened the public hearing on the petition. Under the 393.3 provisions of this petition, the improvement district would be formed for the purpose of "acquiring, constructing, installing, operating, and maintaining shopping malls, offices, and parking lots or parking garages within the district" --specifically within the block bounded by Block & East Avenues and Rock & Mountain Streets. The petition further states that it is proposed "that the District issue 393.4 revenue bonds to provide funds to assist in the construction of the aforesaid improvements. Bond proceeds will be used to make direct loans to property owners," and that no levy of assessments against property owners within the District will be made. McCord advised the Board that the petition was submitted to a local abstractor, 393.5 Bronson and Company, and they submitted a certificate certifying they have examined the records in the Court House and have determined that the petition does contain signatures representing more than 2/3 of the assessed valuation of the real property in the District and that this certificate has been filed with the City Clerk. There being no opposition expressed., Assistant Mayor Noland closed the public 393.6 hearing, and Director Henry, seconded by Sharp, moved to table the reading of the ordinance until Director Osborne arrived. The recorded vote was: Ayes: Henry, Lancaster, Noland, Sharp Nays: None The Assistant Mayor declared the motion passed. After Director Osborne arrived the City Attorney read the ordinance for the 393.7 first time. Director Osborne, seconded by .Henry, moved the rules be suspended and the ordinance be placed on"second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed and the City Attorney read the ordinance for the second time. 6-17-80 394 394.1 Director Henry, seconded by Osborne, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 394.2 There being no further discussion, Assistant Mayor Noland asked if the ordinance should pass and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the ordinance passed. SX ORDINANCE NO. 2640 APPEARS ON PAGE 391 OF ORDINANCE AND RESOLUTION BOOK 44t1. BIKEWAYS GRANT 394.3 The City of Fayetteville Energy Advisory Subcommittee on Bicycle Transportation had received authorization from the City Board at the June 3 meeting to prepare a written proposal for a bicycle grant for the City with the City's contribution to be $3,000 from the general fund either in-kind or cash contribution toward a $12,000 grant for mapping, assigning of routes, development of an educational program, and bicycle racks. 394.4 It was agreed that if a grant is received a formal bicycle committee will be formed at that time. Mark Risk explained that Elaine Walker, Transportation Specialist at NW Regional Planning, thought this project might warrant a $20,000 grant and City Manager Grimes said that the City could easily increase the in-kind participation. 394.5 After some discussion on the merits of increasing the total amount of the grant proposal, Director Henry moved to accept this proposal increasing the total project cost to $20,000 with a maximum City cash match of $3,000 and approximately $2,000 in-kind services. Director Lancaster seconded the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. TERMINAL CHANGES 394.6 Director Lancaster, Chairman of the Airport Committee, reported that the two change orders for interior modifications at the new Drake Field Terminal Building were to accommodate Royal American Airlines in that they requested the space that was intended for the Airport Manager's Office and a rest/recreation area. He said at this time Royal American has agreed to pay the entire cost of moving and that this would be solidified at a meeting in the morning. 394.7 City Attorney McCord said he had drafted a modification of the lease agreement to provide a provision that they agree to deposit a lump sum payment of $15,000 with the City which the City would agree to deposit in an escrow account to be used to pay the contractor for services rendered on these change orders; he said the original lease agreement will be null and void if that lump sum payment is not made, so the Board can authorize execution of these change orders contingent upon receipt of the lump sum payment from Royal American. In answer to Osborne, McCord said in the event of overruns the City would agree to refund the difference between payments made on the change orders and $15,000. 394.8 Director Henry, seconded by Osborne, moved to approve these change orders subject to Royal American signing the modification of the lease agreement. There being no further discussion, the Assistant Mayor called for a vote on the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 56-80 APPEARS ON PAGE a3' OF ORDINANCE AND RESOLUTION BOOK IX 1 1 1 6-17-80 WATER AND WASTEWATER RATE STUDY 395 Assistant Mayor Noland noted that this resolution would authorize the execution 395.1 of the contract with Black & Veatch Consulting Engineers which had been approved at the June 3 meeting, and City Attorney McCord pointed out that Section II of the con- tract should specify the engineer's standard rates. Director Henry, seconded by Osborne, moved to authorize the execution of the 395.2 contract with Section II amended to specify the engineer's standard rates. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 52-80 APPEARS ON PAGE I°n5 OF ORDINANCE AND RESOLUTION BOOK Ix CONDEMNATION AUTHORIZATION/HWY 62 WEST City Manager Grimes said that a resolution authorizing the initiation of condem- nation proceedings on three properties in connection with the Highway 62 widening and utility relocation projects was routine. Director Lancaster, seconded by Sharp, moved to authorize the condemnation proceedings on the following property owners: Thomas H. and Dorothy Ward, Floyd E. and Betty D. Gabbard, and Ray E. and Addie Lee Lister. Mr. Floyd Gabbard expressed concern that four Chinese Elm trees on his property 395.4 would be damaged, and Grimes said the trees would be taken into consideration with the assessment of the value of the easement. There being no further discussion, the recorded vote on the resolution was: Ayes: Henry, Lancaster, Noland, Osborne,, Sharp Nays: None The Assistant Mayor declared the resolut on passed. RESOLUTION NO. 53-80 APPEARS ON PAGE a ljOF ORDINANCE AND RESOLUTION BOOK ) X ALLEY CLOSING/NORTH OF HWY 62 WEST, BETWEEN RAZORBACK RD. & LEWIS AVE. The City Attorney read an ordinance closing and vacating three unopened alleys, running east and west, one block north of Hwy 62 West, between Razorback Road and Lewis Avenue. He explained that this ordinance would vacate any interest the City may have in this alley and that the City Engineer has reserved a utility easement. Director Henry, seconded by Lancaster, moved the rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Henry, moved the rules be further suspended and the ordinance be placed on third and final reading. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed and the.City Attorney read the ordi- nance for the third and final time. There being no further discussion, Assistant Mayor Noland asked if the ordinance 395.8 The recorded vote was: Lancaster, Noland, Osborne, Sharp Mayor declared the ordinance passed. 395.3 395.5 395.6 395.7 should pass. Ayes: Henry, Nays: None The Assistant ORDINANCE NO. 2641 APPEARS ON PAGE 393 OF ORDINANCE AND RESOLUTION BOOK Vim. 396.1 6-17-80 396 UTILITY RELOCATION/DICKSON STREET PROJECT Director Lancaster, seconded by Henry, moved to authorize the expenditure of approximately $6,500 for the relocation of utility lines in connection with the Dickson Street project. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 63-80 APPEARS ON PAGEc2 4 -4 -OF ORDINANCE AND RESOLUTION BOOK IX 1 ACCOUNTING STAFF 396.2 With regard to a request by the Finance Director for authorization to hire an additional accountant in the Finance Department, Director Osborne said the audit by Jack Frost and Company recommended the addition of another accountant because of the work load, and he said that the Finance Committee agreed with this recommendation. Noland pointed out that the Frost management letter indicated that we could save money in several different ways by having this additional person in the office. 396.3 Director Osborne, seconded by Henry, moved to authorize this request and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 62-80 APPEARS ON PAGE a 430F ORDINANCE AND RESOLUTION BOOK)( BID AUTHORIZATION/FLUORIDATION EQUIPMENT/BEAVER WATER DISTRICT 396.4 Director Henry, seconded by Lancaster, moved to authorize BWD to advertise for bids for fluoridation equipment at the BWD treatment plant. City Manager Grimes explained that although BWD will do the actual advertising, they will be using our money and that the total cost of the project has been adjusted downward to approx- imately $140,000 and that our grant from HEW will be approximately one-half this amount. 396.5 There being no further discussion, the Assistant Mayor called for a vote on the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. BID AWARD/SECURITY FENCING AT W/S OPERATIONS CENTER 396.6 Director Henry, seconded by Noland, moved to award the low bid for security fencing at the Water & Sewer Operations Center to Modern Fence Company. Since this project is not budgeted in the current Water & Sewer budget, an additional budget adjustment recommendation was made. City Attorney McCord explained that bid awards with budget adjustments will be treated as resolutions specifying that the contract be attached to the resolution and reflecting the actual budget adjustment(s) made. 396.7 There being no further discussion, the Assistant Mayor called for a vote on the resolution and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 58-80 APPEARS ON PAGE a,35 OF ORDINANCE AND RESOLUTION BOOK IX BID AWARD/POLICE HEATING & AIR CONDITIONING EQUIPMENT 396.8 Director Henry, seconded by Lancaster, moved to award the low bid for two units of heating and air conditioning equipment for the Police Department to Shelton Sales & Service, along with requested budget adjustments. 396.9 The Assistant Mayor called for a vote on the resolution and the recorded vote was: 6-17-80 Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. RESOLUTION NO. 57-80 APPEARS ON PAGE a13;3 OF ORDINANCE AND RESOLUTION BOOK 1/ ENGINEERING FEE INCREASE/CD BLOCK GRANT PROJECTS Neal Albright had requested an amendment to the "Agreement for Engineering 397,1 Services," dated December 9, 1976, on DHUD 602, PHASE II (extension of sewers), to raise the maximum compensation limit in order to cover his costs. Included in the agenda was a letter from Mr. Albright outlining his reasons for the requested fee increase, along with Exhibits "A" through "E": Excerpt from Agreement for Engineering Services, dated December 9, 1976; Budget Estimate for Work Covered under CO Agreement; Engineer's Fee Determination Schedule; Engineer's Work Log Ledger; and Change Order No. 7, Total Contract Price to Date. 0 Mr. Albright said he did not work on the project while funds were frozen from 397.2 OD June 1978 to March 1979, and it was noted that the contract did not contain a time ® limit for completion of the project. The maximum compensation due to the engineer Q under this contract was $9,850 and was to be payable based upon accrued monthly Q invoices payable by the 10th of the month following each invoice. In the event the City failed to pay the Engineer by the loth of any month, interest at the rate of 10 percent per annum was to be,charged ori the unpaid balance and paid to the Engineer. Based upon this provision, Director Henry said he would be entitled to the 10 percent interest. Director Henry also noted that he did not do any work from January to November of 1977. Mason noted that they are still under construction and are presently working on the Lester Street project which was recently approved. City Manager Grimes said that with the 10 -month lag on the beginning of the 397.3 IIIproject (January to November of 1977), and the delay in providing specifications (Mason started asking for specs in March 1979, but it was November 1979 before he received them), he did not feel the Board could grant this request. He said he did not feel that the factthat the funds were frozen was a primary consideration. Albright said the Engineering Department asked him not to start on the project 397.4 during the first eleven months and that he is asking for an increase in fees now because the recent addendum has created more work for him. Rick Mason said the scope of the original contract has not been changed, but that half of the project which was deleted in the beginning because of lack of funds has now been added back --that the original scope has not been changed and that they are still one line item short of the scope of the contract. Albright agreed that the actual scope of the contract has not been increased; but he said the scope was underestimated in amount on which he based his fee and that he had to survey a lot of lines the City did not know existedand also modify some of the drawings. In answer to Osborne, Albright said that his original estimate was figured before the project was cut in half, that deleting half caused him additional work, and that adding back this half of the project caused him additional work and consumed time which is what his rate was based on McCord said construction costs substantially higher than the original estimate 397.5 are not relevant because of the lapse in time of nearly four years. He said the issue to be decided by the Board is whether in fact Mr. Albright was required by the City to perform more engineering services under the contract than the contract originally called for. Director Sharp proposed a compromise that the Board increase his original fee 397.6 of $9,850 by 10 percent to cover inflationary costs. After some discussion, Director III-- Henry moved Director Sharp's compromise which was seconded by Sharp. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. 397 398.1 398.2 398.3 398.4 6-17-80 398 CD PAVING CONTRACRPORTER RD., STORER AVE., HELEN ST., JERRY AVE., & RAY AVE. After discussion of the Community Development Director's recommendation with regard to 1978 street projects under the Community Development Block Grant Program, Director Henry moved to award the base bid with Alternate "A" and an increase in item 14A (over and above the 694 LF) of 744 LF, plus Additive Alternates "C" and "D" to the low bidder, M.E. Johnson Construction Company for improvements on Porter Road, Storer Avenue, Helen Street, Jerry Avenue, and Ray Avenue. Director Osborne seconded the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. *See complete listing on Page 400 RESOLUTION NO. 60-80 APPEARS ON PAGE a39 OF ORDINANCE AND RESOLUTION BOOK IX CD SIDEWALK CONTRACT/GOVERNMENT ST. & DUNCAN AVE. After discussion of the Community Development Director's recommendations, Director Henry, seconded by Sharp, moved to approve the award of a construction contract for the installation of sidewalks on Government Street and Duncan Avenue to Braun Excavating Company. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. RESOLUTION NO. 61-80 APPEARS ON PAGE a 4i) OF ORDINANCE AND RESOLUTION BOOK IX CD SIDEWALK CONTRACT/ROCK ST. & WOOD AVE. After discussion of the Community Development Director's Director Henry, seconded by Sharp, moved to approve the award contract for the installation of sidewalks on Rock Street and Sweetser Construction Company. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. recommendations, of a construction Wood Avenue to RESOLUTION NO. 64-80 APPEARS ON PAGE 49 45 OF ORDINANCE AND RESOLUTION BOOK IX CD BUDGET REVISIONS 398.5 City Attorney McCord said that the Board could approve revisions to the Community Development Budgets for the 1978 and 1979 program years to accomplish the above paving and sidewalk projects and that a revised budget adjustment sheet would be attached to the resolution. 398.6 Director Osborne, seconded by Sharp, moved that these necessary budget adjust- ments be made. There being no further discussion, the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 54-80 APPEARS ON PAGE aa5 OF ORDINANCE AND RESOLUTION BOOK 0( BUDGET ADJUSTMENTS 398.7 McCord said that the budget adjustments outlined in the Finance Director's memo to the Board reflected actions taken by the Board tonight and needed resolution approval. He had explained earlier in the meeting that a catch-all budget resolution would cover actions taken by the Board during the meeting and that a budget adjust- ment sheet would be attached to the resolution. 1 6-17-80 Director Henry, seconded by Sharp, moved to approve the budget adjustments 333399.1 as outlined in the memo. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 59-80 APPEARS ON PAGE a3r1 OF ORDINANCE AND RESOLUTION BOOK 1x GREGG AVENUE -NORTH STREET IMPROVEMENTS The City Manager said the letter he gave to the Board addressed to Charles 399.2 Venable, Arkansas State Highway & Transportation Department, was in response to their request that the City outline their priorities with regard to the Gregg Avenue and North Street improvements. He said they have not cut any of the City's projects, but that their funds might be allocated in smaller increments; so they had asked CD which portions of the Gregg and North Street projects had top priority. Grimes said that we had Gregg listed as top priority, but that the box culvert on North Street CO at Skull Creek is in bad shape and needs to be replaced immediately; therefore, he CD asked them to include the box culvert as part of the Gregg Avenue improvements as Q number one priority. He said they do feel that additional funds will be available, Q but they asked us to break it down just in case. He said he needed the Board's authorization to send the letter and Director Henry moved the authorization. Director Sharp seconded the motion and the recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the motion passed. WALKER PARK ROADS Administrative Assistant McWethy distributed a memo to the Board outlining the 399.3 reasons why the paving of Thirteenth Street and Block Avenue were found to be in- eligible costs to the Walker Park Project and listing the feasible options. In his memo he recommended deleting this street construction work from the HCRS grant application and paying for it with funds left over from the Senior Center. He noted that this would obligate the surplus funds left over from the Senior Center and that he is only seeking the Board's concurrence at this time --if formal action needs to be taken, it will be submitted at the next Board ;meeting. There being no opposition expressed, the Board moved on to the next agenda item. 1 1 SENIOR CENTER PURCHASE AGREEMENT City Attorney McCord said that he and McWethy had met with representatives of 399.4 Sang Avenue Baptist Church this morning and negotiated a proposed purchase contract in accordance with the terms previously discussed between Rick Mason and their representatives. He outlined the terms for Board approval and said the terms would then need to be submitted to the Church for their approval. He said at this time they are asking the Board to authorize the execution of a purchase contract containing the terms outlined. Director Osborne, seconded by Henry, moved to authorize execution of the 399.5 purchase contract. The recorded vote was: Ayes: Henry, Lancaster, Noland, Osborne, Sharp Nays: None The Assistant Mayor declared the resolution passed. RESOLUTION NO. 55-80 APPEARS ON PAGE a a'LOF ORDINANCE AND RESOLUTION BOOK IX 6-17-80 400 SINGLE FAMILY MORTGAGE REVENUE BONDS City Attorney McCord had sent a memo to the City Manager regarding the possible 400.1 issuance of a second series of Single Family Mortgage Revenue Bonds by the Fayette- ville Residential Housing Facilities Board. His memo said that in order to become "grandfather" under the Congressional legislation expected to be enacted, the Fayetteville Residential Housing Facilities Board adopted a resolution on December 27, 1979, declaring the intent of the Board, subject to approval by the Fayetteville Board of Directors, to issue additional housing bonds. The resolution designates the same underwriters and bond counsel used on the previous issue. After a short discussion, Director Osborne, seconded by Lancaster, moved to go 400.2 on record in support of another issue, and stating approval of the steps taken by the Housing Facilities Board and the direction in which they are proceeding. The recorded vote was: Ayes: Lancaster, Noland, Osborne, Sharp Nays: Henry The Assistant Mayor declared the motion passed. ANNOUNCEMENTS City Manager Grimes announced that there would be two Airport Committee meetings,400.3 one at 8:00 a.m., June 18, to establish our relationship with Royal American Airlines; and the other on Monday, June 23, 8:30 a.m., to interview engineering firms concerning the proposed ten-year plan. MINUTES The minutes of the June 3 meeting were approved with the following correction: Paragraph 381.3, second sentence, should read..."that the Board needs to determine whether it would be unreasonable to require removal or conformity now, and one of the factors to be considered is whether the sign owner has had a reasonable time to amortise his investment." 400.4 ADJOURNMENT There being no further business the Assistant Mayor declared the meeting 400.5 adjourned at 9:39 P.M. *Listing of CD Paving Contract w/ M.E. Johnson Construction Company (from Page 398): Porter Road (Hatfield St. to Deane St.): 24' pavement width with no curb, gutter, and with sidewalk. Storer Avenue (Cleveland St. to North St.: 24' pavement width with curb, gutter, sidewalk, and 744 LF of 18' drainage pipe. Helen Street (Jerry Avenue to Ray Avenue): 24' pavement width with no curb or gutter, but with 4' sidewalk. Jerry Avenue (Helen St. to Huntsville Rd.): 24' pavement width with no curb, gutter, or sidewalk. Ray Avenue (Lee St. to Helen St.): 24' pavement width with no curb or gutter, but with 4' sidewalk. 400.6 1