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HomeMy WebLinkAbout1987-09-01 Minutes1 El MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 1, 1987 at 7:30 p.m. in the Directors' Room of the City Administration Building, 113 W. Mountain Street. PRESENT: Mayor Johnson; Directors Kelley, Marinoni, Hess, Bumpass, Lancaster and Martin; Acting City Manager Linebaugh, City Attorney McCord, City Clerk McWethy, Department Directors Burch and Coates; members of the press and audience CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked that there be a pause for a moment of silence. REZONING The Mayor introduced an ordinance rezoning 36.88 acres located south of Appleby Road approximately 1000 feet east of Gregg Avenue, from A-1 "Agricultural to R-1.5 "Moderate Density Residential. She reported the Planning Commission voted, 7-0, to recommend approval. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin, moved to suspend the rules and place the ordinance on its second reading. • The Mayor asked if anyone present wished to speak against the ordinance. No public opposition was expressed Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Martin, moved to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. �0 270.1 270.2 270.3 270.4 270.5 There being no questions from the Directors, upon roll call, the 270.6 ordinance passed, 7-0. ORDINANCE NO. 3290 APPEARS ON PAGE RESOLUTION BOOK XXi OF ORDINANCE AND 271 September 1, 1987 HEAD START 271.1 The Mayor introduced a request that the City pay half the cost of repairing heating and air conditioning units for the EOA Head Start facility on Garland Street. It was noted that the facility is owned by the City of Fayetteville and leased by the Economic Opportunity Agency, having been built with Community Development Block Grant funds. 271.2 The Mayor told the Board one side of the building has central heating and air conditioning and the other has individual window units which are inefficient and have been heating and freezing up. She said two bids had been received thus far for work which would allow them to control the heat and air thermostatically, with the low bid being for $10,000. She said that Head Start had $5,000 for the expense and asks the City for the other $5,000. 271.3 Director Bumpass asked if any CD funds were available for the City's contribution. CD Director Carlisle said there were none. Acting City Manager Linebaugh recommended the funds be taken from money which was budgeted for the Library roof and which had not all been spent. 271.4 Director Bumpass asked about a provision in the lease whereby the EOA agreed to be responsible for "the maintenance of all heating, electrical and air-conditioning". Linebaugh said that, in his opinion, this was an unusual situation. He said the building was designed improperly and this was more a case of replacement than maintenance. Linebaugh recommended the Board approve the request. 271.5 It was moved by Hess, and seconded by Kelley, that the City pay 1/2 the cost of the low bid, and not to exceed $5,000. Upon roll call, the motion passed, 7-0. LOT SPLITS 271.6 The Mayor introduced a request by George and Ann Owens for Board approval of 25 lot splits for property located north of Mt. Comfort Road, outside the Fayetteville city limits but in the city's planning area. 271.7 George Owens told the Board he had purchased a 220 acre farm near the Mt. Comfort Community Center but since that time the property has gone into technical foreclosure. He said that he had been able to sell the house and three acres, as well as two other parcels, as the Planning Office had granted him three lot splits. Owens asked the Board to allow him the lot splits because he did 1 1 1 1 1 September 1, 1987 '"2 not have the resources necessary to subdivide the property. He 272.1 said his intent was to sell the property in ten -acre parcels. Bryce Davis, whose agency will be listing the property for Owens, 272.2 said the property had water and sewer which could be accessed at Hamestring Creek. • Directors Marinoni and Hess said the property was listed with a 272.3 firm where they were employed and, therefore, they would abstain from voting on the request. Owens said easements could be furnished. lines all over the Director, he said property between the were in existence on the property and others 272.4 He said there were four wells and City water property. In answer to a question from a there were east/west roadways across the lots. In answer to a question from a Director, Planning Director 272.5 Carlisle said the Planning Commission could not grant any waivers of the subdivision regulations and, therefore, the request had to go before the City Board. Director Martin said the staff had recommended against granting 272.6 the request and he asked for an explanation for this. Carlisle said Owens had been asked to file a subdivision plat. She said she told him he could be granted only three lot splits, but that she couldn't recommend the other splits because the layout looked like asubdivision. In answer to a question filing a subdivision plat engineering fees, and the from a Director, Carlisle said costs of. would include a filing fee of $50, cost of street improvements. 272.7 Director Martin told Owens that the idea behind the subdivision 272.8 requirement is to prevent the sale of lots that don't have adequate utilities, and he remarked the City could end up being responsible for utilities if the new owners could not afford to pay for the costs. Owens asked the Board for suggestions. Martin suggested he work with the Planning Office for a solution. Owens withdrew his request and stated he would go back to the 272.9 Planning Commission. CD CONTRACT AWARD The Mayor introduced a resolution authorizing the award of 272.10 contract for engineering services for Helen and Lee fire protection and Duncan Street sidewalk, Community Development Block Grant projects. "3 C September 1, 1987 273.1 The Mayor reported the staff selection committee reviewed five proposals and recommended award to the lowest bidder, Milholland and Company. 273.2 Director Bumpass, seconded by Hess, moved the award to Milholland and Company, for an amount not -to -exceed $5,000. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 59-87 APPEARS ON PAGE ,ZY( OF ORDINANCE AND RESOLUTION BOOK i(01) SIGN ORDINANCE CHANGES 273.3 The Mayor introduced an ordinance amending the City's Sign Ordinance, left on first reading on August 18. She explained the proposed changes were to: 273.4 -allow one double-faced, or two single -faced "self service/full service" signs at each fuel pump island at gasoline service stations; 273.5 -prohibit the use of truck and car hazard lights as attractions; 273.6 -prohibit the use of flags (except one American flag, one State flag and one company flag), pennants, or balloons as revolving, rotating or moving signs, except for a 72 -hour period for a special event held once a year; 273.7 -permit the use of one on-site freestanding sign on medium and high-density residentially zoned property; 273.8 -allow one on-site wall sign for each business located on property in residential and residential -office zones (deleting the maximum of four signs per building); and • 273.9 -allow a wall sign facing each street in residential and residential -office zones, when a building or complex faces more than one street. 273.10 Director Bumpass, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the second time. 273.11 The Mayor asked if anyone present wished to speak in opposition to the ordinance. 273.12 Doug Whitman addressed the Board, stating he was the Vice - President of a $10 million company. He said the Sign Ordinance was restrictive, and he was particularly concerned with the "turning" signs, balloons and other promotional display items. 1 1 September 1, 1987 He suggested the Board might be overstepping its regulation of 274.1 the Sign Ordinance in prohibiting promotional material. He suggested that portion be stricken from the ordinance or that further thought be given to it. Whitman suggested people be permitted the use of balloons for advertising six times a year rather than once a year. He also objected to a restriction on displaying only one American flag. Director Bumpass pointed out there was a safety factor involved, 274.2 in that flags being used on vehicles, for advertising, sometimes distract the motoring public. Director Martin commented that a proliferation of signs, flags 274.3 and balloons becomes visual blight, and if six opportunities per year were to be permitted, there could be blight all year long. Whitman argued that there were certain select business which make 274.4 use of promotional items, and said he didn't think any more than those business would use them. Director Hess said he thought businesses have more than one time 274.5 a year when they want to promote their businesses, suggesting such advertising could be permitted for seasonal sales and for an extraordinary event. In answer to a question from Director Bumpass, Inspection 274.6 Superintendent Wood said helium beer bottles were considered to be balloons. It was decided that the ordinance would be left on second reading 274.7 to give more of the public an opportunity to respond. Wood commented that it should be revolving, rotating or moving signs is amendments being proposed would restrictive, not more restrictive. UNSIGHTLY PROPERTY/STIRMAN AVENUE The Mayor unsightly structure on August understood that the use of 274.8 now illegal, and that the make the ordinance less introduced an ordinance ordering the abatement of 274.9 conditions and the razing and removal of an unsafe located at 1717 Stirman Avenue; left on first reading, 4 and tabled on August 18. Public Safety Director Marty Coates reported have said they would obtain a building permit recommended leaving the ordinance tabled. the property owners 274.10 on September 4. He September 1, 1987 UNSIGHTLY PROPERTY/WILLOW AVENUE 275.1 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure on property located at 208 South Willow Avenue; left on first reading on August 18. 275.2 Director Bumpass, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the second time. 275.3 Public Safety Director Marty Coates reported nothing further had been heard on this property since the last meeting. 275.4 Director Bumpass, seconded by Hess, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-1, Director Martin voting in the minority. The City Attorney read the ordinance for the third time. 275.5 Director Bumpass remarked that the ordinance would not be effective until thirty days after its publication. He added that, in the meantime, the staff would notify the owner that the ordinance had passed. The City Attorney said this would be true if the Board wished to delete the emergency clause contained in the ordinance. 275.6 Director Martin said he voted against moving the ordinance on to its third reading in the spirit that the process should be deliberate. Inspection Superintendent Wood said the Property Inspector had visited with the property owner who is aware of the ordinance. 275.7 Director Bumpass, seconded by Kelley, made a motion to remove the emergency clause from the ordinance. Upon roll call, the motion passed, 7-0. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3291 RESOLUTION BOOK XX/V APPEARS ON PAGE J/7 OF ORDINANCE & UNSIGHTLY PROPERTY/STONE STREET 275.8 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure on property located at 1742 Stone Street; left on first reading on August 18. 1 1 September 1, 1987 Public Safety Director Coates requested the ordinance be tabled, explaining he may have something working on the matter. Director Lancaster, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the second time. The ordinance was left on its second reading. UNSIGHTLY PROPERTY/W. CLEVELAND STREET The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 729 W. Cleveland Street. She explained the ordinance was first brought before the Board on July 7 but no action was taken in light of a letter from the property owner, Jerry Sweetser, stating he planned to demolish the property within thirty days from July 7. 276.1 276.2 276.3 Public Safety Director Coates reported there has been some 276.4 activity on the property, in that a bathtub is now on the front porch. The City Attorney read the ordinance for the first time. 276.5 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, 6-1, Director Martin voting in the minority. The ordinance was read for the second time. AIRPORT. ITEMS T -HANGAR LEASES The Mayor introduced consideration of renewal of one-year leases for T -Hangar space, direct -phone space, and advertising display space, with no change in rates since 1986. She explained these leases contained a clause which would allow them to be extended for up to five additional one-year terms, without Board approval. The Mayor reported the Airport staff had requested tabling of the, - renewal of a lease with Aero Tech for a maintenance hangar, until such time as the staff can clarify some provisions of that lease. Public Works Director Burch requested the Board postpone consideration of one T -hanger lease, explaining the tenant may be in possible violation of his lease. • 276.6 276.7 276.8 r �l September 1, 1987 277.1 The Mayor explained renewals were requested for Carolyn Pugh, Clayton Barnhart, Shane McAlister, Bill Darden, and Ernest Lancaster, at $110 per month; and for Bill Underwood, Aero Tech Services, Joseph Hall/Frank Doughty, and Dr. Floyd Harris, at $135 per month. 277.2 In reference to subsequent renewals for up to five one-year terms, Director Kelley asked what provision would there be for increases in rates. He asked if increases would be annual so the Board could review them. Public Works Director Burch said increases would be annual. The City Attorney said the leases contained a clause which requires the City to give sixty days notice to the lessee. Burch said the automatic extension would only apply when there is no increase in the lease. The City Attorney explained the previous leases were for one year only, and a new clause is being proposed which would add the option to renew for up to five one-year terms. Kelley said he was concerned the leases might be renewed with no increases being made. 277.3 Director Hess said the Board needed an end -of -the -year report for the Airport every year. He said he had reviewed the Airport's five year report and "it has a lot of fluff" but no quantifiable goals. He asked that the five-year plan be reviewed and quantified. 277.4 Hess asked if there was any screening procedure for people who want to lease airport hangars. Burch said there was not, adding that any person with an airplane can lease a space. Director Martin commented that, if someone wants to pay to use a public facility, he didn't think the City had a basis for turning that person down. Director Bumpass asked how the City checked to see if someone was violating a lease. Burch said there were periodic checks, although tenants are permitted to park their cars in a hangar on a temporary basis while they are gone. 277.5 Acting City Manager Linebaugh suggested the Airport staff be instructed to provide a yearly report showing a breakdown of revenue sources and comparable rates, adding that at budget time the entire picture could be reviewed and a percentage increase could be adopted for all the Airport leases. 277.6 Director Martin, seconded lease renewals for T -hanger passed, 7-0. RESOLUTION NO. 60-87 APPEARS ON PAGE 4,:c7 RESOLUTION BOOK XX Q I by Kelley, made a motion to approve space. Upon roll call, the motion OF ORDINANCE AND 1 1 1 • September 1, 1987 Director Bumpass, seconded by Kelley, made a motion to approve lease renewals for direct phone space. Upon roll call, the motion, passed, 7-0. RESOLUTION NO. 61-87 APPEARS ON PAGE .30/ OF ORDINANCE AND RESOLUTION BOOK X XVIiJ Director Bumpass, seconded by Marinoni, made a motion to approve a lease renewal for advertising display space. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 62-87 APPEARS ON PAGE 3/02 OF ORDINANCE AND RESOLUTION BOOK XXvill In reference to the request from Hart Leasing for approval of a modification to their lease for a car rental booth in the Airport terminal building, Public Works Director Burch explained the modification would allow them credit for overflow parking spaces constructed by them but used by other car rental agencies. Director Bumpass asked why the other agencies are not paying for the use of the spaces. Burch said most of the spaces are also used by others. The City Attorney suggested, if there is confusion about this item, it should be tabled. 2 3 278.1 278.2 278.3 Director Marinoni, seconded by Hess, moved to table this request 278.4 and the request from Aero Tech for renewal of its maintenance hangar. It was explained by Burch that the staff requests the Aero Tech lease be tabled until they can check on a possible misprint in the lease. Upon roll call, the motion passed, 7-0. TREATMENT PLANT TASK ORDERS The Mayor introduced a request from CH2M Hill, project engineer for the wastewater treatment plant and sludge management projects, for resolutions authorizing approval of task orders for increased engineering services, estimated to total $184,100. The Mayor explained these involved the following: -An amendment to Task Order 10, for continuing engineering services because of delays in treatment plant construction, estimated to cost an additional $92,300; 278.5 278.6 - Task Order 11, for additional expenses as a result of the 278.7 bonding company's involvement in the sludge management project, estimated at $14,000; - Task Order 12, for additional expenses to cover resident 278.8 observation and engineering services for two additional ,fir -.(J ti ( J September 1, 1987 279.1 months, for the sludge management project, estimated at $49,000; 279.2 -Task Order 13, for cost of additional resident staffing on the sludge management project, as a result of the construction approach and lack of performance of Olson Construction Company, estimated at $25,000; and 279.3 -Task Order 14, for extra costs incurred from filing a bid protest over the sludge management sprinkler equipment bids which were declared "nonresponsive" by the EPA. Costs due to the bid protest and the rebid of the project are estimated to be $3,800. 279.4 Director Bumpass said he would not vote on this request because he missed the discussion at the Board agenda meeting. 279.5 The Mayor said that there should be no cost to the City, other than for the $3,800 bid protest and rebid. The City Attorney explained that, as a result of the rebidding, a new bid was received which was approximately $26,000 less than the original bid. 279.6 Director Hess moved approval, seconded by Lancaster. Upon roll call, the motion passed, 6-0-1, Director Bumpass abstaining. RESOLUTION NO. 63-87 APPEARS ON PAGE 5/8 OF ORDINANCE AND RESOLUTION BOOK XXV/11 OTHER BUSINESS CITY MANAGER MOVE/BID WAIVER 279.7 The Acting City Manager requested the Board consider passage of an ordinance to waive the bidding requirements for the expenses of the new City Manager's moving and storage. He reported the staff recommends the award of bid to Admiral Moving and Storage, bidding $5,751.29. 279.8 The City Attorney read the ordinance for the first time. Director Hess, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3292 PPEARS ON PAGE 01/9 OF ORDINANCE & RESOLUTION BOOK /X /V 1 1 El r :1 1 September 1, 1987 SPRINKLER BIDS 280 Public, Works Director Burch reported bids were opened today on 280.1 the sludge management irrigation equipment which had been rebid. Speaking for CH2M Hill, Dennis Sandretto reported one bid was received from Hobbs -Adams, which had submitted one of the initial bids. He said bid documents had been modified, in that delivery time has been shortened from 180 days to 90 days. He reported the bid was $302,'$00, as opposed to their earlier bid of $329,322, a decrease of $26,432, resulting in a savings of about $22,000. Director Marinoni, the award of bid the motion passed, • 280.2 seconded by Kelley, made a motion to approve 280.3 to Hobbs -Adams for $302,800. Upon roll call, 7-0. TREATMENT PLANT SURETY CONTRACT Public Works Director Burch told the Board that the surety on the 280.4 treatment plant project, USF&G, has been contacted by Olson Construction Company and notified that Olson cannot financially complete the project. He said he, the.. City Attorney, and Sandretto have been working on a new construction contract which they expect to have available in the morning. Burch asked the Board to approve a resolution authorizing a contract. He said a new contractor could begin the day following Labor Day. He said Olson's workers have "pulled off the job and the project is dead in the water". Burch explained the agreement would be a three-way agreement 280.5 between the City, USF&G and the new contractor being recommended, Hubert, Hunt and Nichols. He said the new contract is not much different in scope, with the bonding company still responsible for fines and penalties. He explained that, as part of a "walk away,: no claims against the City from Olson" concession to the City which was negotiated, the staff wishes to pay a bill owed to CH2M Hill for resident overtime due them from 1985 in the amount of $44,517. He added that the contract price has not increased. The City Attorney said the new contract contains the original 280.6 contract price plus change orders to date, the new contractor will complete the contract and correct any defects in construction Olson made, the City will realize $403,000 to be used to pay additional engineering costs, is released from claims by Olson for alleged additional work, alleged right to extension of completion date, the City and the engineer are released from any alleged improper administration of the contract, and the City will not have to fund excess costs of completing the project. He 42 I September 1, 1987 281.1 said the surety will have to pay a substantial amount for this aspect. 281.2 Kelley asked why the engineer did not have legal action against Olson for the $44,517. McCord said Olson was unable to pay, and this was part of the settlement reached with USF&G which is making the cash settlement. He added that Olson released its claim that the City wrongfully withheld contract funds for delays. 281.3 Director Hess, seconded by Lancaster, made a motion to approve a resolution authorizing the Mayor and City Clerk to execute an agreement with USF&G and HH&N for completion of the wastewater treatment plant project. Upon roll call, the motion passed, 6-0- 1, Director Bumpass abstaining because of an attorney-client relationship with one of the parties. RESOLUTION NO. 64-87 APPEARS ON PAGE 3.27 RESOLUTION BOOK X X11/1 CHANGE ORDER 281.4 Burch introduced Contract deduct to the contract price slurry. OF ORDINANCE AND Modification No. 21 resulting in a of $24,824 due to less quantities of 281.5 Director Kelley, seconded by Johnson, made a motion to approve the change order. Upon roll call, the motion passed, 6-0-1, with Director Bumpass abstaining. 281.6 Director Martin noted the completion date of the project, according to the modification, has been changed to June 1, 1988. He commented that CH2M Hill's letter of August 4 included a statement that "The City has experienced a series of unfortunate events on the treatment plant and sludge management projects" and that "Olson Construction Company has been less than cooperative throughout the project." Martin said if they had been less than cooperative throughout the project the City should have put an end to it early on. Martin quoted from the letter "...their workmanship has been poor." He said that was apparently not a new discovery, he said the City had told the public the plant would be completed 18 months late, and has spent hundreds of thousands of dollars on consultants, engineers and staff to get the job done. He said the City had failed abysmally and "he hoped the public was sick and tired of this stupid project dragging along because of "unfortunate events". He asked for some responsiveness from the consultants and staff, and for a weekly report. He said it was absurd that the community taxes itself to the tune of millions of dollars and there were overruns of 18 months. 1 1 1 September 1, 1987 `' 8 2 The Mayor said she thought Martin had expressed a frustration the 282.1 Board has felt throughout the project. Sandretto said the new contract is to correct the defects and 282.2 imperfections that they have .been aware of since July 4, 1985. He said public works contracts typically do not have provisions for the engineer to stop work, because of risks to the City and the possibility of being assessed claims for damages. He said they tried to evaluate the situation, because the City has the right to take over the work if the contractor abandons the work or fails to pay subcontractors. He said they recommended the City not take that step in the hopes that the surety would become involved as it has now. He said the treatment plant was a disaster, the job has shut down, and the contractor has clearly abandoned the job. He said there was the potential of the City bankrolling $2 or $3 million more than the contract amount, because that's the amount the surety says it will be into its pocket'. Sandretto said it had been an agonizing period for the engineer and the staff which has been cognizant of the deficiencies. He said the project has been too long in coming from the very beginning, but he was encouraged by the agreement. He said he was encouraged by EPA's granting a further extension, (until July 1, 1988,) of the Administrative Order to get the plant on line. He said Phases I & II would probably be completed in December. RESOLUTION NO. 65-87 APPEARS ON PAGE 392 OF ORDINANCE AND RESOLUTION BOOK /(XV(fl ARTS CENTER PROJECT Frank Sharp, Chairman of the City/U of A Arts Center Council, 282.3 said the Mayor had asked he and Rick Mayes to report on the meeting last Friday between that group and the Dickson Street Central Business Improvement District. He said U of A Chancellor Ferritor, the Mayor and some other Board members had met with the two .groups. . He reported the City Attorney is drawing up a contract for .surveying to be done, which had been approved by the Board.He reported the Council is still interviewing for an Executive Director. Rick Mayes reported for the District. He said on August 24 they 282.4 sent a letter outlining their plans to the City Board, University officials and Arts Center Council, which includes plans for overlighting the parking lots, constructing hard surfaceand providing landscaping. He said they committed to use Architect Mott -Mobley -McGowan for landscaping/architect/planner to design and plan parking lots, unless costs are prohibitive. He said the District decided, until it had a positive commitment from the City towards buying land, they are unwilling to do anything else. He asked when the District could expect some action from the City. 1 i. 400 September 1, 1987 283.1 The City Attorney said he has advised the Board not to expend any public funds to acquire a site until it is satisfied that the District will fulfill its commitment to provide 500 parking spaces, which was a condition preceding the Board's selecting the site. He said he didn't think the City could have legal comfort until the assessments are levied by the district and the appeal time for challenging the manner of assessment has expired. He said the Board can enter into real estate contracts to acquire land and condition closing on the assessments being levied and the appeal time expiring. He said the District would be required by statute to file plans and cost estimates with the City, which would include retaining an engineer, recommending to the Board that three individuals be appointed who are not property owners in the District, who would prepare assessments to be filed with the City Clerk. McCord said Cary Schultz has been recommended as one of the assessors and has advised him that the total fee to get assessments levied would be $40-45,000 and the time frame for assessments to be levied would be 60 to 90 days from the date the Notice To Proceed is issued by the Commissioners of the District. He said that, after that time, an individual property owner would have ten days to appeal to the City Board for a modification of an individual assessment and then a thirty day period during which a property owner can appeal to the Chancery Court to challenge an individual assessment. 283.2 Director Hess asked Mayes if the City began the process of entering into real estate negotiations, conditioned upon the District passing their legal test, would that be enough of a sign for the District to get engineering specs and assessments levied. Mayes said that would be a positive first step. He said the District agreed to share the cost of a planner with the Arts Center. He said they would probably proceed with plans to hire a landscaper. 283.3 Hess made a motion the City proceed to undertake real estate negotiations all of which would be made conditional to the improvement district passing its legal test. The motion was seconded by Director Martin. 283.4 Director Lancaster asked if the Arts Center Council was ready to buy land. Frank Sharp said they were not ready to buy land, because they know the City and University want to buy as much of the block as possible, and they won't know how much land to buy until maps are prepared and the planner begins work. Sharp said what is needed should be nailed down first and what can be bought with the available finances. 283.5 Director Bumpass said he was overwhelmed because he understood from statements made by Dr. Ferritor that he intended to have a bulldozer tear down buildings on the weekend of October 22-23. 1 1 $ September 1, 1987 He asked when Sharp expected a building to be built. Sharp said he thought that would be very optimistic, as the University hasn't signed the contract yet. Bumpass said legally all that was necessary is to file in court a certified appraisal made last year and there could be immediate possession of the property. Sharp said he had no problem personally with beginning negotiations to purchase land. Bumpass said he understood what has to be done is to hire an appraiser to appraise every parcel in the district, an engineer and landscape architect to design the parking lots, designs would be submitted to different companies as bid documents, along with appropriate bonds, and there would have to be a financial adviser engaged, bond counsel engaged, all of whom would be subject to requests for proposals. The City Attorney said many of those steps would be necessary for permanent financing for the improvement district, but many are not necessary before assessments can be levied, such as obtaining bond counsel or a financial advisor. Bumpass said the fact was there were empty buildings and owners are complaining they aren't able to rent or improve with confidence because they thought the buildings might be taken. He asked at what point legitimate negotiations can be made with individual property owners. He said at one point the City Board decided the entire block would be purchased. He said the property was appraised but he didn't know if anyone had seen the. appraisals. He said money for purchasing the entire block was included in the bond issue and the people voted overwhelmingly in faovr of the issue. Sharp said Mott indicated the design of the parking lots will be specific enough to get cost estimates. He asked who on the City staff would handle the purchase. The Mayor said the City Land Agent Bert Rakes would do the work. Bumpass asked if there was a report on the appraisals which were done. Linebaugh said the report was in the City Manager's office. McCord said the bond issue was increased based on those appraisals. '2 d 284.1 284.2 284.3 284.4 284.5 McCord said the Board can instruct the staff to begin 284.6 negotiations with property owners with a conditional real estate contract. Director Hess said he thought there needed to be one person who 284.7 knows everything that's going on, such as a project coordinator. The Mayor said that was the job of the Arts Center Director. Sharp said it has been discussed whether to hire a construction coordinator or whether the Director can do that work, depending on whether that person has the qualifications to do this. d September 1, 1987 285.1 Kelley asked if the motion will satisfy the District to proceed further. Mayes said that it would. Upon roll call, the motion passed, 6-0-1, Director Bumpass abstaining. SIDEWALK BILLS OF ASSURANCE 285.2 Director Bumpass asked that the Board discuss sidewalk Bills of Assurance at the next Board agenda meeting. HOUSING TAX CREDITS 285.3 Director Bumpass introduced a resolution urging Congress to amend the 1986 Tax Reform Act to insure that rehabilitation tax credits and low-income housing credits are an effective method of achieving historic preservation and low-income housing objectives. Bumpass moved approval of the resolution, seconded by Marinoni. 285.4 Director Martin said hedid not have enough information to vote on the resolution and would abstain from voting. At the suggestion of the Mayor, it was decided to consider the resolution at the next agenda meeting. MINUTES 285.5 The minutes of the August 18 Board meeting were approved. ADJOURNMENT 285.6 The meeting was adjourned at about 10:10 p.m. • 1 1