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HomeMy Public PortalAbout09/28/1978 421. t ,.qcial Council Mee ing,,._,S_egtgy*�qr, Mayor Hyder presided . 'Prayer was offered by Mayor Hyder. N ( Councilmen present: Borgmeyer, Brant, Gordon, Hager, Hartsfield, McDowell , Rackers , Robinson, Whitecotton and Wildhaber. Councilmen absent: None. A quorum was declared present . - Ythe construction of thei' The meeting was called for consideration two proposed parking garages and a Resolution for the acceptance ofli . the Grant by which the City will receive reimbursement for the acquisition of the additional Airport Runway. - - - - - - - - - - Mayor Hyder said that the building, known as the Kress Building, i s lbeing remodeled and they had obtained a permit for the work coming lout to the encroachment on the sidewalk, which is exactly where Downtown ,they were before. They are now asking permission to widen the I'Strollway. 1pillars . All buildings from that building to the Courthouse do ,11project out to where the pillars will project. Mr. Benton, Director of Planning and Code Enforcement, presented a sketch of the proposed construction and informed the ' Council that the pillars will cover old cast iron supports. After some discussion Councilman Rackers moved that permission be granted Jor widening the pillars . The motion was seconded by Councilman I . Hager and was approved unanimously. The following Resolution was introduc;d: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE JEFFERSON CITY MEMORIAL AIRPORT, JEFFERSON CITY, MISSOURI , ADAP PROJEaT NUMBER 6-29-0036-05. BE IT RESOLVED by the Governing Body of the City of Jefferson City, !i Missouri: Section 1 . That the City of Jefferson City , Missouri hall !: accept the Grant Offer from the Administrator of the Feder., lAviation Administration, dated September 22 , 1978, for the purpose of obtaining Federal aid in the development of the Jefferson City ( Memorial Airport, and that such Grant Offer shall be as set forth hereinbelow; Section 2. That tho City of Jefferson City, Missouri, does hereby ratify and adopt all statements , representations , warranties covenants, and agreements contained in the Project Application which is incorporated b reference in the said Grant Offer; lResolution- Section 3. That the Mayor is hereby authorized and directed FAA Grant. to execute said Grant Offer agreement in quadruplicate on behalf ofli the City of Jefferson City, Missouri, and the City Clerk is hereby i' authorized and directed to impress thereon the official seal of the City of Jefferson City, Missouri, and to attest said execution; , Section 4. That the Grant Offer referred to hereinabove shall ', be as follows : SEE ATTACHED Councilman Wildhaber moved that the Resolution be adopted. The motion was seconded by Councilman Rackers and unanimously approved. r Page I of 7 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION V11lfl`I JL AGREEMENT Date of Offer SEP 2 2 1978 Jefferson City Memorial Airport Project No.6-29-0036-05 Contract No. DOT-FA-78-CE-8298 T0: City of Jefferson City, Missouri (herein referred to as the "Sponsor`) PROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Ap ltcatlon dated September 5, 1978 , for a grant of Feeral funds for a project for develop- ment of the Jefferson City Memorial Airport(herein called the "Airport"), together with plans and specifications for such project, which Project Application, as Approved by the FAA Is hereby incorporated herein and made a part hereof;And WHEREAS, the FAA has up roved a project for development of the Airport (herein called the "Project")consisting of(lie foiluwing•describcd airport development: Reimbursement for land acquisition, Tract I (fee simple title) ; acquisition of Parcels A and H (casement) . all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM $100.13 FG. 1 110.711 SUPERSEDES FAA FORM 1632 M. i PAGE 1 . Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of tite Airport and Airway Development Act of 1970, as amended (49 U.S.C, 1701), and in consideration of(a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF T1IE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percent: (90%) of all eligible project coats. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $100,000. 2. The Sponsor shall: (a) begin accotnplisilment of the Project within - - - - - ninety- - - - - - - days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of tire United States hereunder by the IAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (e) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 6100-17 PG. 2 (7-7211 SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 7 Pages S. The Sponsor shall operate and maintain'the airport as provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 20 in Part V of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before September 29► 1978► or such subsequent date as may be prescribed in writing by the FAA. 8. By its acceptance hereof, the Sponsor hereby covenants that to the • extent it has or may have either present or future control over each area identified on the Exhibit "A" as "clear none", and unless excep- tions to or deviations from the following obligations have been granted to the Sponsor in writing by the FAA, it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigation with the standards established by Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. 9. The Sponsor hereby further covenants that it will not permit any permanent-type structures, other than structures required for aids to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, and that it will cause any existing structures to be removed from, each area concern- ing which the Sponsor has acquired a fee interest with federal finan- cial assistance for the protection of the imaginary surfaces surround- ing the airport (as said imaginary surfaces are defined in Section 77.25, Part 77 of the Federal Aviation Regulations) , irrespective of whether such structures constitute an obstruction to air navigation. Page 4 of 7 Pages 10. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the appropriate Office of Minority Business Enterprise (OMBE) representative an identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with requirements of 49 CFR 21 Appendix C(A)(1)(X) , Regulations of the Office of the Secretary of Transportation. 11, Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the and of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities; provision (A) above, shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. A sponsor shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." • I Page 5 of 7 Pages 12. It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.) , shall be included in the rate base in es- tablishing fees, rates, and charges for users of the airport. 13. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accord- ingly, (1) The Sponsor hereby stipulates that any facility to be utilized In performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (2) The Sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereun- der. (3) The ,8ponsor shall notify the FAA of the receipt of any communi- cation from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under considera- tion to be listed on the EPA List of Violating Facilities. (4) The Sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (1) through (4). 14. It is understood and agreed by and between the parties hereto that any reference herein to the Project Application, incorporated by reference herein, shall refer to FAA Form 5100-100, Application for Federal Assistance (For Construction Programs) , as modified by substitution of Standard Form a�� or ?p e one (1) of said FAA September Form 5100-100, dated p ► 9 Page 6 of 7 pages 15: The federal Government doer, not now plan or contcmplate the construction of any structure:: purnunnt to Paragraph 27 of Part V — Sponsor's Assurances of the Project Application, dated September 5, 1978, and therefore it in understood and agreed that the Sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. 11owever, nothing contained herein shall be construed as altering or chnnging the rights o[ the United States and/or the obligations of the Sponnor under prior Grant Agreements to furnish rent free space and/or land areas for activities specified in such agreements. 16. It is understood and agreed by and -between the parties hereto that the Assurances, dated March 29, 1978, furnished by Sponsor in connection with land acquisition included in thin project, said Assurances being required by Subpart I of Fart 25 of Subtitle A of Title 49, Code of Federal Regulations, are incorporated herein by reference. 17. It its understood and agreed by and between the parties hereto that tho United Staten shall mn1:e no payment which could cause the aggrognte of all payments under thin project to exceed 90% of the estimated United Staten share of the total estimated project contss, excluding contingency items, or 90% of the nnximum United State!j obligation stated in thi3 Grant Agreement whichevor is lower, until the Exhibit 8 to the project application and lens.eu and ag re.emento currently in effect at Jefferson City Memorial Airport have been n%%bmitted to and determined natisfactory by the FAA. 113. It fu urntvr: tool and agreed by and baLveen the particsi hereto that the United 5tsttcsn shall mnhe no [;rant pnym:•nt heroundewr until. the Spunsux has rubmitted evidence naLisfactory to FAA that Sponnor In currently the holder of fee Dimple title or eac ement in and to existing airport property are evidenced by the Exhibit "A" submitted �iith the Project Application dated Scptembe,r 5, 1978, and that the grantors,of the easements held tee simple interest at the time of the granting. 19. It is hereby understood and agreed by and between the parties hereto that the United States shall not make any grant payment hereunder until the Sponsor has submitted evidence satisfactory to the FAA that it has provided a clear 20:1 approach to Runway 17 throughout the clear zone as depicted on Exhibit A to the Project Application. It is further understood and agreed that any work in connection with the foregoing shall be accomplished by the Sponsor at no expense to the United States and such work shall not be a part of this project. •: Page 7 of 7 t,aget The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATIO AD NIST .AT.I.O.N R .By. . . . (TITLE) Chi f, irport»e Division, Central Region Part ii•Accep an The City of Jefferson City, Missouri does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and Incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executedthis... . .. .. . . .. .. . ... . ... day of. . ... . .. . . ... . ... . . .. . ... ... . . . . 19. . . ... .9i Cy, .9f,Jataarson City,• ,Missouri , (Name of Sponsor) By .. . . .. . . . . . . . . . .. . . . .. . . . . . . . . . . .. ...... ... (SEAL) Title ... . .. . . . . . . Attest: . ... . .... ........ ....... ........... Title. . . .. . CERTIFICATE OF SPONSOR'S ATTORNEY !, . .. . . .. . . , acting as Attorney for City oP, Je EiFereon,Cityi•Mi.seouri (herein referred to as the "Sponsor") do hereby certify; That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth• orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of. , Missouri, , , • , , , , , , , , , , , , , and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this. . . . . ... . . day of. .. . . . . . ... . . .. . ... . . . . . .. . . 19. . . . . .. . . . .. . . . Title .. . . , FAA FORM 5100.13 PG 4(10.71)SUPERSEDES IAA FORM 1432 PO 4 PAGE 4 • ��nt TR,��L. THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590 G��arn�>•' August 8, 1918 Dear Grant Recipient: President Carter has directed all Executive Departments and agencies to take firm and effective steps to help achieve the Administration's number one objective: control of inflation. The Department of Transportation annually makes $13 billion in grants for transportation projects. These funds are matched by some $4 billion from state and local agencies. Clearly, the careful and efficient expenditure of these funds will help dampen inflation. Decision makers must be constantly mindful of their responsibility to combat inflation in making prudent judgements on projects and in the management of transportation programs. Briefly, X would like to review some major DOT programs and ideas which X believe can help to control cost increases and to reduce unnecessary expenditures. X oak your support for these cfforta. To foster more efficient use of motor vehicles and reduce fuel con- sumption, the Department teas encouraged and promoted: -- The conatruc.tion and u:se: of preferential lanes for btsaea and other high occupancy vehicles; -- Traffic operations programs (TOPICS) to increase both the capacity and safety of highways and streets; -- Construction of fringe and corridor parking facilities; -- Strict enforcement of the 55 mph speed limit which has increased fuel economy and safety; Carpooling and vanpooling; -- The restoration, rehabilitation, and resurfacing of existing highways, particularly where it will eliminate or postpone the need for major new construction while reducing congestion on existing facilities; -- Continued service or improvement on rail branchlines, in cooperation with shippers, to assure rail movement of commodities where that is an efficient mode. .• r -2- Research results and new technology derived from DOT and other R&D programs have been applied, and can be applied more broadly, in ways that will reduce the construction and operating costs of transportation systems. Some of these include: •- Improved, more efficient tunneling technology for mass transit construction; and -- Use of substitute materials for standard items in con- struction, such as asphalt emulsions, recycled materials, reinforced earth and sb forth. If you have not done so, you may want to consider establishing a technology transfer programs as part of your operation to facilitate the early introduction of cost-beneficial new technologies to reduce both construction and operating costs. Careful alternative analyses, particularly on major highway, transit and airport projects, are of vital importance to ensuring that the most cost-effective and least inflationary approach to meeting transportation requirements is chosen. The Department intends to place even greater emphasis on this aspect of the planning and project review process. We should look increasingly to low capital cost alternatives to improve the efficiency of our transportation system and to meet the need for more capacity an transportation volumes grow. When capital projects are being planned, formal value engineering reviews of designs during the early development stages have proved to be helpful in keeping coats down. Value engineering clauses in contracts can provide effective incentives to contractors to suggest cost saving ideas. Finally, I would urge that you review your internal operations for op- portunities to increase productivity and reduce costs. This is difficult, I know, but a necessary element in obtaining public support for a wide range of anti-inflationary measures. These are only some of the ideas I would like to have you consider to help in combating inflation. Regional And national officials of each of the Department's operating administrations stand ready to aid you and provide further information and suggestions. I invite your comments and suggestions on ways to reduce inflationary impacts of my Department's programs and regulations. Sincerely, Brock Adams 422. Special _Council Meeting,_ 5epember_28,.._1978.__.___w___ The mext matter of business was decision of construction of either one or two parking garages , one on the Riley Lot and the other being between the Jefferson Building and Schell and Wards Shoe Store. Councilman Brant questioned Mr. Verslues in regard to the !.number of problems the City has had with the present garage and jwanted to know how the Council would be assured that there would be l�close tab maintained on the construction of the proposed garages R�with quality of workmanship maintained. Mr. Verslues recommended that a resident inspector be employed with a pre-qualified contractor doing the work. Councilman Hartsfield had two questions: (1) If contact had been made by either the Mayor or Mr. Hartley with the State to see if they would lease spaces on the Jefferson Street Lot Garage. Mayor Hyder explained that decision could be made only by the i General Assembly, in which a Bill would have to be introduced and 1 ;four waiting to ascertain what their action would be. It is the recommendation of the Department of Administration that the State Parking lease the two lower levels and be responsible for doling out the Garages spaces for State Employees. (2) Does Parking Authority still stand by its original proposal to support a $2,000,000 Revenue Bond Issue? Mr. Schulte, Chairman of the Parking Authority, said the Park- ing Authority submitted its recommendations at the last meeting. They have had some discussion, without a formal meeting, about this matter before the Council Meeting, and see that supporting both structures might be a close operation for the first few years , but would expect full parking in five years in the core area. The Jefferson Street Garage would be their No.One priority. Councilman Robinson wanted to know how many locations had been considered and why the No. One priority has been reversed. Mr. Schulte said that the Jefferson Street and Riley Lqts were the only ones considered, and until a study had been made the Authority thought the construction of the Jefferson Street Garage would be prohibitive, but have found out that it is not. Mr. Hartley, Parking Authority Supervisor, was leary of taking on both garages , since he was afraid the revenues could take care of 100% but not 150% for a few years , as required. Councilman Rackers said that a study for demand must be made by a qualified firm before submitting a Revenue Bond Issue, and until that study is made we cannot proceed. Several merchants and members of the Parking Authority appeared and endorsed the construction of both garages . Councilman Hartsfield then moved that the Council stand by its original position to build both garages. Councilman Brant offered a substitute motion, that we proceed with the Jefferson Street Lot. The motion failed to pass by the following vote: Councilmen voting Aye: Borgmeyer, Brant, Rackers, and Wildhaber. Councilmen voting Nay: Gordon, Hager, Hartsfield, McDowell, Robinson and Whitecotton. The previous motion passed by the following vote: Councilmen voting Aye: Gordon, Hager, Hartsfield, McDowell and Whitecotton. Councilmen voting Nay: Borgmeyer, Brant , Rackers, Robinson and Wildhaber. Mayor Hyder voted Aye, breaking the tie vote. Adjournment Councilman Hager moved that the Council adjourn, under the rules. Motion passed.