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Minutes for the Public Works Committee meeting on October 3, 2006
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Public Works Committee Minutes
Tuesday, October 3, 2006
3:00 p.m.
Members present: Jimmy Ashley, Darrel Dover, Chris Moore, Cecil Province and John Street. Councilman Farmer arrived at 3:20 p.m. Mayor Formon and Mr. Tony Thomas from the Mayor’s Office were also in attendance.
DRAINAGE PRESENTATIONS
Miller Newell (Pines Apartments project): Mr. Mike Cameron explained the information given to Miller Newell regarding the alternatives for the Pines Apartments was not the correct information. Mr. Wayne Menley discussed the two new alternatives for the Pines Apartments. He explained more land would need to be purchased for alternative #1, but it wouldn’t be much of a difference from previous alternatives. He also added the boundaries won’t change very much, but the detention ponds will be deeper. Councilman Moore motioned, seconded by Councilman Dover, to void the original contract with Miller Newell for $9,650. All voted aye. City Attorney Phillip Crego questioned whether Miller Newell had been paid yet. Mr. Menley stated the City has not paid Miller Newell yet for the work. Councilman Moore motioned, seconded by Councilman Ashley, to proceed with alternative #1 with engineering fees to be $27,135. All voted aye. It was noted Miller Newell will bring a contract to the next meeting.
Haywood, Kenward & Bare (Oak, Haltom & Kitchen project): Mr. Robert Hendrix discussed alternative #4 and alternative #5 for the Oak, Haltom & Kitchen project. Mr. Harry Hardwick added the Keller property will be available after November 1st. It was suggested to buy the property and leave it as is. Mr. Claude Martin also suggested upgrading the piping under the street. It was explained NRS Engineering is doing drainage work that might affect the Oak, Haltom and Kitchen project. Mr. Cameron added due to some budget concerns it might be good to let the area sit as it is until after the budget. He also added Engineering should look into what it would cost to lower the road. It was added Haywood, Kenward and Bare have completed their obligation concerning the project. Mr. Hendrix noted he would like to stay on the project when the time comes to start the project again. Councilman Moore motioned, seconded by Councilman Dover, to purchase the Keller home on Kitchen Street and send Engineering to study lowering the road, then the project would be ended. All voted aye. Discussion was held regarding Cherry Street. Mr. Cameron asked for the Carter Burgess recommendation be brought to the committee at the next meeting.
NRS Engineering (Valley & Owens project): Mr. Craig Light discussed the Valley and Owens project. Councilman Moore motioned, seconded by Councilman Dover, to ask NRS to bring back information back for the City staff at the next committee meeting. All voted aye. It was stated the information being brought back should include information concerning building a culvert versus detention in the lower end areas. Mr. Cameron also asked for information to revise the culvert on Culberhouse and lower it. He added if Culberhouse is lowered, then it should be lowered enough to get the last six homes out of inundation. The committee decided to schedule a special Public Works meeting on October 17th at 4 p.m. to further discuss the drainage projects.
NRS Engineering (Wilkins project): Mr. Light discussed the alternatives for the Wilkins project. It was suggested to hold the project until the mall is redeveloped. Councilman Moore motioned, seconded by Councilman Farmer, to table the project. All voted aye. Councilman Moore motioned, seconded by Councilman Dover, for NRS Engineering to send a bill for the fee to date. All voted aye.
MINUTES
Councilman Ashley motioned, seconded by Councilman Moore, to approve the minutes from the regular meeting on September 5th and the special meeting on September 19th as written. All voted aye. Minutes were made to those in attendance.
ORDINANCES & RESOLUTIONS
Resolution to accept the low ditch cleaning bid: Councilman Moore motioned, seconded by Councilman Dover, to recommend the new resolution to full Council and to introduce it under new business. All voted aye.
Resolution accepting the low bid for ADA curb cuts: Mr. Martin explained at the last Council meeting a resolution was passed allowing Mr. Cameron to bid on the project. He further explained this resolution would accept the bid for the project. Councilman Farmer noted at the last Council meeting it was asked to have the contracts with the resolutions. Mr. Hooton stated Purchasing Agent Steve Kent will handle the contract. It was questioned when the contract would be approved since the contract is not attached to the resolution. It was explained the committee would have to approve the contract in two weeks. Councilman Moore motioned, seconded by Councilman Dover, to approve the resolution. All voted aye.
Mr. Cameron stated he didn’t have a problem withdrawing his bid for the curb cuts if the bid caused a problem that would hold up the project. Mr. Martin stated he is just doing what Mr. Kent told him to do. City Clerk Donna Jackson stated something needs to be done so the contract and the bid are accepted at the same time. She questioned what the point is to accept the bid if there isn’t a contract since the work can’t be started until the contract has been written and approved. She added accepting the bid now is a waste of time because in two weeks the committee will have to go back and accept the contracts. Councilman Farmer questioned whether the bid specs can be constituted as a contract. Mr. Crego explained it depended on what the bids specs stated and what the project is. Councilman Farmer questioned why there is not a contract with the ditch cleaning resolution the committee just passed. Mr. Crego explained there isn’t a contract, so the committee will have to come back and approve the contract after it’s written. It was questioned who writes the contracts. Mr. Crego stated he could write the contract if he knows enough information concerning the project. He noted he does not know much about the specifics of the ditch cleaning project. It was also noted the City was written up by Legislative Audit for not having contracts. Mr. Cameron explained the form that is submitted is the same form he borrowed from the Highway Department 25 years ago and they have not changed. He added they spell out the terms of the contracts and the general conditions, so the signing of the forms is a contract. Councilman Farmer agreed and stated signing a bid sheet is accepting the terms of the bid. Mr. Crego added a bid can be made a contract if there’s enough information in there. It was asked for Mayor Formon to do something to improve the bid process. Councilman Farmer explained the specifications of the project need to be attached to the resolution. He added the spec sheet could be a contract, but the spec sheets are not always attached. It was questioned who is responsible for drawing up the contracts for the drainage projects. Mr. Martin stated he gets the information together and gives it to Mr. Kent to open the bid. Mayor Formon added most of the time the companies who receive the bids make their own contracts. Internal Auditor Misty Micenhamer explained the bid specs could be the basis for a contract. She added there would need to be a consultation between the department head and the bid winner to work on the contract so a written contract, bid specs and any other information can be attached to the resolution. Mr. Cameron noted if action isn’t taken on the ditch cleaning bids, then the City could possibly miss out on a good bid. Councilman Farmer stated more information needs to be attached to the resolutions because a bid sheet is not enough information to keep the City from being repeatedly written up by Legislative Audit. Councilman Dover added the whole bid process needs to be reviewed. It was questioned whether the bid can be accepted pending a contract being written and signed by Mayor Formon. Mr. Crego stated it can be done if there’s enough information. Mr. Crego then re-worded the resolution so it would be accepted and it referenced the bid material that was added to the resolution. Councilman Moore motioned, seconded by Councilman Dover, to recommend the amended ditch cleaning contract to the full Council. All voted aye. Councilman Moore motioned, seconded by Councilman Ashley, to table the ADA curb cuts resolution. All voted aye. It was added the resolution and contract for the curb cuts would be brought to the next meeting.
GENERAL PROPERTY/BUILDINGS/PARKING
Lawson Road project: Mr. Harry Hardwick explained the paperwork had an error on it, but he is hoping to have everything back and signed by the next meeting. He added it has been requested to name that portion of the street “Christian Valley Drive.” Councilman Ashley motioned, seconded by Councilman Moore, to refer the naming the street “Christian Valley Drive. All voted aye. PENDING
PLANNING
Residential/Commercial zoning changes as recommended by MAPC: Mr. Otis Spriggs stated he e-mailed the proposed changes to the Council members. He asked the committee members to look at the changes and contact him if they have any questions or proposed changes. It was added the changes would be brought before the Council at the meeting on October 17th. PENDING
Updating land use plan: Chairman Street noted there will be a kick-off meeting on October 12th at 4:00 p.m. PENDING
Southwest Transportation Study: Mr. Spriggs stated he would put the study on the MAPC’s November agenda. Councilman Dover motioned, seconded by Councilman Moore, to approve the Southwest Transportation Study as presented. All voted aye.
Plan for City acceptance of streets and subdivisions: Mr. Spriggs explained the Council will need to pass an ordinance referencing the plan as a technical document. It was asked for Mr. Spriggs to have Mr. Crego review the plan before bringing it to the committee. Chairman Street questioned whether the plan would have a procedure for formally accepting City streets by ordinance. Mr. Spriggs stated it will have a process. Councilman Farmer questioned whether the plan will include something that will prevent anyone giving up City property. It was explained in the past a plan was submitted and approved, then the land was re-plated and instead of a detention pond being put in a house was built in that spot. Mr. Spriggs stated he hopes that would not happen. PENDING
STREETS/SIDEWALKS
Standard operating procedures: Mr. Hooton stated nothing new has been done. PENDING
Sidewalks, Frierson Street and ADA: Mr. Claude Martin explained the Frierson and James sidewalks are 75% complete. He added they are still on target with the ADA improvements. He also noted an additional $350,000 would probably be needed to complete the projects. Mr. Crego added APERMA Attorney Mr. Ralph Ohm’s firm sent out a letter to the plaintiff’s attorney, which started the process of getting the problem resolved and ending the litigation. He added the City needs to be sure to stay in compliance with future projects. PENDING
North Fisher Street sidewalk: Councilman Moore discussed the need for sidewalks on North Fisher Street from Johnson to Success School. Dr. Charles Coleman thanked the Engineering Department and Councilman Moore for helping to resolve the situation. Dr. Coleman discussed the situation with the sidewalk on Fisher Street. It was explained putting a sidewalk on the west side of Fisher Street would cost approximately $41,900, while the sidewalk on the east side of the street would cost approximately $53,600. It was suggested to put in the sidewalk on the west of the street and possibly put in a sidewalk on the east side in the future as available money allowed. Councilman Moore motioned, seconded by Councilman Ashley, to put a sidewalk on the west side of North Fisher Street for $41, 900. All voted aye. It was explained the sidewalk would be started after the Frierson and James sidewalks are completed. Mr. Martin stated the sidewalk should be started in a few weeks.
Right of way along south side of Forest Home Road: Mr. Hooton explained the right-of-way has been staked. PENDING
Signed agreement for proposed intersection change at Aggie and Paragould Road: Mr. Hooton stated he has not received the agreement yet. PENDING
Loberg Lane: Mr. Martin stated the improvements to straighten out the two curves would be around $100,000. He explained it was indicated to him that the property owners would donate the land so the improvements could be made. It was asked for Mr. Martin to get traffic counts for that area. PENDING
DRAINAGE
Stormwater Ordinance: Mr. Bernie Auld explained Carter Burgess is having an outside reviewer supply comments concerning the Stormwater Manual. He added the Stormwater Committee is waiting to hear back from Carter Burgess concerning comments and possible changes to the stormwater manual. Mr. Martin added the BMP manual is not ready yet. Councilman Farmer motioned, seconded by Councilman Ashley, to extend the moratorium on the Stormwater Manual until December 31, 2006. All voted aye. It was noted the extension would be brought to the next Council meeting. PENDING
Drainage easement on Casey Springs Road: Mr. Hooton stated he is still working on it. PENDING
SANITATION
Resolution to contract with FTN Associates for a borrow source investigation for the final cover system materials for the landfill facility: Discussion was held regarding questionable sections of the contract and possible changes. It was suggested to strike section 8 from Exhibit B and change the service charge in Exhibit C to .5% per month. Councilman Farmer motioned, seconded by Councilman Moore, to approve the resolution subject to the suggested amendments to the contract. All voted aye.
Resolution to void Resolution 2006:77 and the contract with FTN to provide construction management services: Councilman Moore motioned, seconded by Councilman Ashley, to approve the resolution and recommend it to full Council. All voted aye.
Resolution to contract with FTN for construction management services: Questions were raised concerning parts of the contract. Discussion was held regarding possible changes to sections 8.3.3.2 and 9.5.1. It was decided to pull the resolution from the agenda so the contract can be further reviewed. It was also noted the resolution to void the old contract would also need to be pulled from the agenda. Councilman Farmer suggested bringing in an environmental lawyer to talk with the committee about the options the City has and give the committee advice. Mr. Crego then suggested contacting Mr. Ohm’s office to start working on an extension for the December 31st deadline with ADEQ. Councilman Farmer motioned, seconded by Councilman Moore, to table the resolution to void Resolution 2006:77 and the resolution to contract with FTN, as well as instruct Mr. Ohm’s office to start on an extension and authorize Mayor Formon to contact an environmental lawyer. All voted aye.
OTHER
Chairman Street read a letter from Mr. Crego explaining he reviewed the Fisher and Arnold contracts concerning whether the utility information was supposed to be on the City’s website. Mr. Crego stated he did not think providing the information for the website was a requirement.
ADJOURNMENT
With no further business, Councilman Ashley motioned, seconded by Councilman Moore, to adjourn. All voted aye.