Loading...
HomeMy WebLinkAbout1998-10-06 - Agendas - Final AGENDA FAYETTEVILLE CITY COUNCIL MEETING OCTOBER 6, 1998 A meeting of the Fayetteville City Council will be held on October 6, 1998, at 6:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered: I. CONSENT AGENDA A. APPROVAL OF MINUTES: Approval of minutes from September 15, 1998, meeting. B. GRASS MAINTENANCE: A resolution approving the maintenance of the proposed buffer strip located between the back of curb and edge of sidewalk along Highway 16 West between Meadowlands Drive and U. S. Highway 71 . C. EDUCATIONAL ACCESS CHANNEL: A resolution authorizing an agreement with the University of Arkansas, Fayetteville, to operate the Educational Access Channel until September 30, 2000. D. BID 98-53: A resolution approving Bid 98-53 for the purchase of 20 various light and medium duty pick-up trucks and utility vehicles from Ron Blackwell Ford. E. OFF-STREET PARKING: A resolution appointing Bobby Lee Odom to the Off-Street Parking Development District No. I Commission. F. REAL & PERSONAL TAX RATES: REMOVED FROM CONSENT AGENDA. Item has been moved to New Business, Item C. G. AIRPORT SEWER LIFT STATION: A resolution approving Amendment No. 3 to the construction contract with Goodwin & Goodwin, Inc. in the amount of $700.00 for the addition of a manhole. H. INTERSECTION IMPROVEMENTS: A resolution approving the reappropriation of $ 14,091 .80 in surplus funds from the Engineering contract to the Construction contract for intersection improvements at Township and North College, and the approval of Change Order No. 2 to the construction contract. I. WATER IMPROVEMENTS: A resolution approving a contract (Section 1 ) with Basic Construction in the amount of $891 ,212.00 with a contingency of $ 100,000.00 and approval of a budget adjustment in the amount of $350,000 for waterlines. J. WATER IMPROVEMENTS: A resolution approving a contract with J & L Construction in the amount of $368,500.00 with a contingency of $40,000.00 for a booster pump station. II. OLD BUSINESS A. COST SHARE FOR STREET EXTENSION: A resolution approving a 50150 cost share for the actual construction costs to provide a 28 foot local street connecting Barrington Parke Phase II to the existing stub-out on Madison Drive in the Madison Subdivision, dedicating city property as city street right-of-way for the street extension project. HI. NEW BUSINESS A. WATER BOOSTER STATION: A resolution authorizing the City Attorney to seek court authorized possession of 0.473 acres of land owned by Ruth A. Morris for the purpose of constructing a water booster station thereon. B. PLANNING COMMISSION APPEAL: A resolution appealing the Planning Commission's denial of a preliminary plat for CMN Business Park, Phase I. C. REAL AND PERSONAL PROPERTY TAX RATES: A resolution adopting real and personal property tax rates for 1998 for the Police and Fire Pension funds. The rate to be adopted is 0.5 mils for both real and personal property. There is no millage proposed for general government operations. D. PRE-EXISTING NONCONFORMING SIGNS: An ordinance amending Section 161 .21 , Design Overlay District, of the Code of Fayetteville, to add Subsection D.5.f, Pre-existing Nonconforming Signs, to provide for the removal of pre-existing nonconforming signs within a period of five years; and to amend Section 161 .21 to add Subsection 5 to exclude signage as an exemption. Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the next City Council Agenda Session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. IRTIMBO PFTTT JS MIT I ER WIT 1 .1 A MR SCHAPER DANTET MAVQR HANNA d , C MILLER SCHAPER DANIEL Vol JNCI LAJ WRC TRIJMBQV✓ ✓ ✓ ,� i3 ,✓ ✓ IRITMRO MTI LER WILLIAMS qCRAPER DAINITEL MAYOR MANNA Alp TRTJMRQ PFT�H IS DANTEI MAYOR 14ANNA Zip tP V TRITMRO MIT LFR V Vlj qCHAPFR V CMAVQR HANNA ✓ K ik FINAL AGENDA INFORMATION FOR OCTOBER 6, 1998 AGENDA SESSION: NEW ITEMS : Cost Share For Street Extension Number this II. A. 1 - 13 Pre-existing Non Conforming Signs Number this III. D. 1 -2 ADDITIONAL INFORMATION: Water Improvements Items I. I & J Number this 13-27 Planning Commission Appeal Item III-B. Number this 19-48 ATTACHED HERE: NEW ITEMS: Minutes from September 15, 1998 City Council Meeting ADDITIONAL INFORMATION: Booster Station Item III-A. Number this 72-77 Planning Commission Appeal Item III-B. Number this 45-58 24 A MEETING OF THE FAYETTEVILLE CITY COUNCIL ' A meeting of the Fayetteville City Council was held on Tuesday, September 15 , 1998, at 6 :30 p.m. , in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna, Alderman Young, Alderman Trumbo, Alderman Pettus, Alderman Miller, Alderman Williams, Alderman Daniel, City Attorney Jerry Rose, City Clerk/Treasurer Heather Woodruff, Staff, Press, and Audience. ABSENT: Alderman Schaper NOMINATING COMMITTEE REPORT: Alderman Daniel made a motion to appoint the following: Environmental Concerns Committee: Tim McDonald and Bruce Manchon Library Board: Marty Goff and Lorraine Brewer Tree and Landscape Committee: Beverly Melton Alderman Young seconded the motion. Upon roll call the motion carried with a vote of 6-0-0. CONSENT AGENDA ' MINUTES : Approval of minutes from September 1 and September 8, 1998 meetings. FIRE STATION : A resolution approving a contract change order with Wittenberg, Delony and Davidson, Inc. in the amount of $37,561 . 13 for additional fees for Fire Station #6 (Hollywood) and Fire Station #4 (Plainview). The additional fees reflect the increase in estimated cost for the prototype fire station. BID 98-65: A resolution awarding Bid 98-65 to Harrison Davis Construction Company for the construction of Fire Station #6 located at 900 Hollywood St. and the approval of a contingency and a budget adjustment. OFF-LOADING FACILITY: A resolution approving the lowest qualified bidder for the construction of an off-loading facility for the Solid Waste Division and approval of a budget adjustment. AIRPORT HANGER: A resolution approving a contract with Garver & Garver Engineers in the amount to $26,300.40 to administer and oversee the construction of an eight-bay T-hanger for the airport. Alderman Miller moved to approve the Consent Agenda. Alderman Pettus second the motion. ' Upon roll call the motion carried with a vote of 6-0-0. i4 32 � SEPTEMBER 15, 1998 OLD BUSINESS TOWN CENTER BOND ISSUANCE: Mayor Hanna introduced an ordinance providing for the execution of documents needed to complete the issuance of the Hotel and Restaurant Gross Receipts Tax Bonds, Series 1998, the proceeds of which will be used to partially finance the construction of the Town Center and Parking Garage on the south side of the downtown square. In addition, the City Council is requested to grant the authority for the Budget Coordinator to execute any budget adjustments necessary to recognize the bond proceeds and bond issuance cost. The item was tabled at the April 21 , 1998 meeting after its second reading. Alderman Miller made a motion to take the ordinance off the table. Alderman Williams seconded the motion. Upon roll call the motion carried 6-0-0. City Attorney Rose read an amendment to the ordinance. Alderman Williams made a motion to amend the ordinance. Alderman Miller seconded the motion. Upon roll call the motion carried 6-0-0. City Attorney Rose read the ordinance as amended. Mayor Hanna asked for comments. ' Mr. Ben Mayes, City Administrative Services Director, stated the A & P Commission had approved the revised lease agreement. He stated that the A & P commission had passed a resolution recommending that the Council issue the bonds. Alderman Pettus asked the Bond Council to address the bond funds which she had okayed in a letter to them. She asked if given a broader definition of what might be spent, would their answer still be the same. Ms. Ann Parker, spokeswoman for the Bond Council, stated it was her opinion that the letter was correct. Alderman Pettus stated the voters had been led to believe that only A&P funds would be used for the town center. She believed it would cost more. She wondered if this would be misleading to the voters. Ms. Parker stated any change would be very fact specific. She thought it was impossible for her to answer broadly Alderman Pettus' question. Alderman Young stated the people of Fayetteville voted for these bonds. He felt it was his duty to protect their interest. He asked Ms. Parker if the proposed town center met the requirement listed on 2 4 9 a 326 SEPTEMBER 15, 1998 ' the ballot. Ms. Parker replied she was not the proper person to be answering questions because she stated she had not been attending meetings and had not seen drawings of this project. Since she did not live here locally and was not privy to all discussions, Alderman Young needed to ask others who were involved. She did not have the knowledge. Mayor Hanna asked City Attorney Rose what his opinion of the ballot title was and if it reflected what the City Council and the A & P Commission were proposing. City Attorney Rose assumed they were building what the ballot title stated. He could go back and read the ballot title again, if necessary. He stated in his mind it matched up with those words, and he would be pleased to defend it in court. He read the ballot title bond money was being used for the construction of a Fayetteville Town Center, as a new multipurpose Civic Center to be used for meetings, conventions, exhibitions, entertainment events, related uses and parking. City Attorney Rose in response to questions from Alderman Trumbo, stated it was his understanding of the law that the ballot and the ballot title are the controlling factors one must look to in a court of law as to what was being built and what was being done. He stated he had never seen any reference with any case law in which advertising or sales potpourri was a part of a promise made on a ballot. ' He felt it was encumberment upon the Council to be sure this project matched what those documents said. City Attorney Rose asked Ms. Parker if he had stated that correctly. Ms. Parker replied he had said it exactly right and agreed with him. Alderman Trumbo stated the cash flow from the HMR tax could only support $6,950,000 worth of the project. Alderman Pettus expressed concern on this issue. She asked if the cost of the Center exceeded the HMR Tar, would the City be asked to contribute the rest of the funds to finish this project and if so, did it match the ballot title. Mr. Mayes stated the City could not spend additional money on the Town Center without the approval of the Council. He explained, in the worst case scenario, if a construction bid came in at $ 15 million instead of $7 million, the City and the A & P would go back and decide what to do. Alderman Pettus asked what would happen to the bonds if the town center could not be built. . Mr. Mayes replied the bonds would have to be paid off or retired. There was a call provision in the Bonds that if the proceeds are not used for its intended purpose that they are used to retire the Bonds. 3 .3 � 7 SEPTEMBER 15, 1998 He felt the estimates were very accurate and conservative. He added the state would allow negotiation with the lower builder, if the estimates were within 20 %. Alderman Trumbo asked if the town center could not be built how much money would be lost. Mr. Mayes said there were issuage costs on the bonds in the amount $ 110,000. Approximately $62,000 to the underwriters of the bonds and $20,000 to $30,000 to the Underwriters Council and the Bond Council. Alderman Trumbo asked if this was City money or A & P money. Mr. Mayes replied A & P money. This would be out of the million dollars the A & P put up to finance the Center. Alderman Pettus expressed concern over Mr. Mayes statement about the Council voting to spend more money on the center instead of the people voting. Mayor Hanna explained that the Council had received an estimate from the architect of $5 million to $8.5 million to construct this project. When added with the million dollars from the A & P there was $7,950,000. If the project did not bid in this range, they could negotiate the low bidder. If there is ' no way to get within the budget and extra money was needed, a decision will have to be made to pursue or call off the project. Alderman Williams stated the City needed the bonds to legitimately ask for bids on the Town Center. Alderman Trumbo commented he was personally satisfied with-the work everyone had done on the project. Mayor Hanna stated the need to authorize issuage of the bonds. He commented the public had been kept well informed with this project through public meetings. Alderman Miller commented on how many people actually voted. Mayor Hanna asked for public comment. Mr. Jeff Erf, an area resident, asked if the final drawing of the facility was completed. Mayor Hanna replied there had been a meeting and the drawings were published in the newspaper. Mr. Erf stated there was some confusion on whether or not there was going to be a tower. He asked , 4 2 8 SEPTEMBER 15, 1998 ' if there was going to be a small community room and will there be 230 parking spaces. Alderman Young replied it was dependent upon the money. Mr. Mayes explained the Council has instructed the architect to design a parking deck that contained approximately 230 parking spaces. Mayor Hanna stated the ordinance was on its third and final reading and final reading. Mayor Hanna called for the roll. Upon roll call the ordinance passed with a vote of 5- 1-0 with Alderman Pettus voting nay. ORDINANCE 4121 AS RECORDED IN THE CITY CLERK 'S OFFICE NEW BUSINESS SEWER REHABILITATION: Mayor Hanna introduced a resolution approving the construction contract for sewer rehabilitation with Building and Utility Contractors in the amount of $ 1 , 127,809 ' and a contingency of $56,390. Mayor Hanna asked for comments. Alderman Miller stated the town was growing and it was the right thing to do. He explained the less the system leaked the less water had to be treated. After much discussion, Alderman Daniel made a motion to approve the resolution. Alderman Young seconded the motion. Upon roll call the resolution passed with a vote of 6-0-0. RESOLUTION 125-98 AS RECORDED IN THE CITY CLERK 'S OFFICE COST SHARE: Mayor Hanna introduced a resolution approving a "50/50" cost-share with Ben Caston of Caston Construction for the construction of a 28 foot local street as recommended by the Planning Commission for the Barrington Parke Subdivision Phase 11. Ms. Alett Little, Planning director, explained the Planning Commission had given the developer an option to either extend the street to Fox Hunter or to extend the street to Hartford. Alderman Young asked the distance between the property line & Madison Drive. Mr. Charles Venable replied 557 feet. 5 3 � 9 SEPTEMBER 15, 1998 Mr. Mel Milholland, Milholland Engineering, explained the proposed connections. ' Alderman Trumbo asked how many houses were proposed in the new addition and how many houses were in Phase I. Mr. Milholland replied 49 houses were in the current addition and 87 houses were proposed. In response to questions from Alderman Trumbo, Ms. Little stated the Planning Commission had left the developer with an option to either connect to Madison Avenue or extend to East Fox Hunter Road. Alderman Daniel asked how this cost share would save the city money. Ms. Little explained the Planning Commission had required Madison Avenue Subdivision to stub out. They required the Barrington Parke to stub out. There was now a way to connect the two. If the City did not gain half of the cost of that road from this developer, then the City would be responsible for 100% of the cost of the street when it was constructed. . Mayor Hanna stated the City could sell the property. Then the new owners of the property would have to develop the street. ' Alderman Williams suggested the Fayetteville City Street Committee needed to review this issue. , Alderman Trumbo commented on the condition of the existing roads and preferred one entry to a subdivision. He noted there were many subdivisions with only one entry. Alderman Miller stated several members of the Council felt that one way in and out was a mistake. He asked if there was another entrance from Fox Hunter Road. Mr. Venable explained there was another entrance from Highway 45 but it was not a very good entrance. Mr. Milholland presented the plat which had been approved in March of 1994. Mayor Hanna agreed with Alderman Williams' suggestion to let the Street Committee review this issue. Alderman Young asked if there was a right-of-way at the southwest area and if it would be on the final plat. Mr. Milholland replied yes. Alderman Young stated the question before the Council or the Street Committee would be whether ' 6 330 SEPTEMBER 15, 1998 ' to build a street. He asked Ms. Little if the Street Committee and the Council decided not to do this cost share, would there still be a right of way or stub out towards Madison. Ms. Little replied yes there would. Alderman Pettus questioned how much property the City owned on this location and how did the City acquire this land. She also asked why the City would want to sell it. Mayor Hanna replied seven acres. The City's water line runs through the property. Alderman Miller stated that if the City built the road, the property value would go up. Alderman Miller stated the project needed to be sent to the Street Committee. Alderman Williams asked if they could just refer it to the Street Committee, Alderman Miller made the motion to refer the item to the Street Committee for review. Alderman Daniel seconded the motion. Upon roll call the motion carried 6-0-0. Mr. Milholland introduced Mr. Ben Caston. ' Mr. Caston, the developer, stated the issue needed to be resolved as soon as possible. Alderman Williams replied the Street Committee was scheduled to meet Thursday at 5 :00 p.m. in room 111 , of the City Administration Building, and stated that maybe the tour could be scheduled for the following week. Mr. Caston asked if the process could be sped up any because winter was going to be here soon. Mayor Hanna replied the issue could probably be resolved at the nest City Council Meeting and asked when this went through the Planning Commission. Ms. Little stated the issue went through the normal process and was approved by the Planning Commission on August 24, 1998. She added any plat was automatically void after a year and had to start the process over. Mr. Caston had approval to build the subdivision, but his year had elapsed and he had to start over. Mr. Milholland asked if it was possible to have Council approve the stub out so they could go forward and the developer could put up a bond for his half of the road. Mayor Hanna stated what Mr. Milholland was saying was for the Council to make a motion to accept the 50/50 Cost Share, if the Street Committee approved the street. 331 SEPTEMBER 15, 1998 Alderman Williams asked if the plat showed two stub outs. He asked City Attorney Rose if they , need a motion to incorporate the suggestion. City Attorney Rose replied yes, they needed a motion. He asked if he understood the concept correctly that it was a motion to refer to the Street Committee the idea of having the Madison Street extension as a 50/50 split. Secondly, the Council has required the developer to put up a bond in the amount of 50% if the decision is to go forward with that extension. That bond would be refunded if the decision was not to go forward. Alderman Trumbo and Daniel replied yes. Ms. Little explained the decision that was called for was where the additional outlet was going to be. The Planning Commission decided the developer could only use Fox Hunter or Madison connections. Alderman Young stated he would vote for the Madison connection. He commented the only question was if the City wanted to spend money to connect at this time. Alderman Williams asked if the City did vote not to spend money plus was the plats approved invalid. Alderman Young replied no. ' Ms. Little explained if the City decided not to help build the street, the developer had to decide whether he was going to extend out to Fox Hunter or pay 100% of the cost of the street extension with the City's approval of the use of City land. Mr. Milholland stated the developer was given the choice to pay 50% of the cost of the road. The reason they negotiated this was to keep his cost equal to the bond. The Planning Commission felt this was a better alternative. The reason the Planning Commission did the 50% was because the developer's cost was going to be more to extend to Madison than to Fox Hunter. Mr. Milholland stated this delay would cause a six to eight month delay in developing this property. This was an inconvenience to the citizens of Fayetteville that were buying and building houses in this project. Alderman Pettus made a motion to accept Mr. Caston's bond and to accept the wording to the motion as stated earlier by City Attorney Rose. Alderman Trumbo seconded the motion. Ms. Little read- the minutes from the Planning Commission regarding this issue. She stated Planning Commission was not asking for the Council to approve the bond and not give permission to build to Madison. k , 8 • 332 SEPTEMBER 15, 1998 Alderman Trumbo stated the Council could overrule the Planning Commission and he wanted to move forward. Mayor Hanna stated there was a motion to accept the bond and let the Street Committee decide to accept the cost share. In response to questions, Ms. Little stated there was a procedure to file an appeal from a P.C. decision She said this was not an appeal. Alderman Pettus asked since there is a time limit on when you could appeal, what does the developer do after the time as elapsed. Ms. Little stated the developer could go back to the Planning Commission and ask for reconsideration of the conditions given to them from the Street Committee. They have fifteen days to appeal. Alderman Pettus asked Mr. Milholland if they would go through the appeal process or would they just build to Fox Hunter. Mr. Milholland stated he thought they would stub out to Fos Hunter. ' After further discussion, upon roll call the motion was passed with a vote of 6-0-0. PRIVATE CONCERNS: Mayor Hanna introduced a resolution prohibiting the City from inquiring into private concerns of its employees and prospective employees regarding non-job-related activities and private beliefs. Alderman Williams stated he introduced and read the resolution. He hoped this resolution would resolve some of the questions and concerns people had about the City delving into the private lives of its employees. Alderman Miller addressed a newspaper article that was published in a local newspaper concerning his statement made to the press on this issue. Alderman Williams made a motion to accept the resolution. The motion died from a lack of a second. ADJOURNMENTS AND COMMENTS Alderman Miller stated there was a Trails Committee meeting tomorrow night. There would not be an Environmental concerns meeting this month. ' The meeting adjourned at 8:20 P.M. 9 FAYETTEVI LLE Booster Station IILA. 72 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE September 30, 1998 TO : Kevin Crosson, Public Works Director THRU : Charles Venable, Assistant Public Works Director Donald R. Bunn , City Engineer FROM : Ed Connell, Land Agentek� RE: Hwy 45 Water System Improvement Water Booster Station, Gulley Road Ruth Morris Property Acquisition Subsequent to our memo of September 22, 1998, it was discovered that the reduced acreage for the subject proposed acquisition should have been 0,473 acres instead of 0.437 acres as stated in that memo . Our letter of September 3, 1998 to David B. Horne also contained the incorrect acreage, thus, we have sent a correction to that letter, The adjusted offer for this parcel is as follows : 0.473 acre @ 520,000/ac = $ 91500 Severance Damages to Remainder 44. 527 acres @ 5500.00/ac = $ 22.300 Total Compensation $ 31 ,800 Please provide a copy of this memo, with your approval, to the City Clerk for inclusion with the materials for the City Council meeting of October 6, 1998. We have been advised by Mr. Horne that they are getting another appraisal of this acquisition, which they expect to receive within the next two weeks . The city will evaluate their appraisal upon receipt. �� � ' i: 1 � s{. .. .. Booster Station O± 9 ` / MOON09 I i � i ) > � � \ § ! 2 0 \ . 0 CL \ � ; § 0 0 I « / , ] U 22 ] % ° 0 [ 0 ¥ 0 ; a / Oz, { § i 0 � � \ § / --- � ) I ] § � ( m ' N . Booster Station III. A.74 9 e OMN i 09 I I I I j I I I I w i i e I I 3 > I j , O Y 'y > I Ta y j 3 a O o o CQ O o O j 00 YVOi cc Okn �. j I N ('Q ~O 591 — 1 . � umn C A0o0S T C 1 20 d Byffa Zone G 9 4 i OS6s i i b D N0. W'� OZt 4 Booster Station III.A.75 CITY BOOSTER STATION GULLEY ROAD Property Description Property owned by : Ruth A. Morris Part of Parcel No, 001 - 15483-000 Part of the Southwest Quarter (SWY4 ) of the Northwest Quarter ( NW '/4 ) of Section Twenty-eight (28) , Township Seventeen ( 17) North, Range Twenty- nine ( 29) West of the fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to-wit : Beginning at a point 120 feet South of the Northwest corner of the Southwest Quarter (SW '/4 ) of the Northwest Quarter ( NW '/4 ) of said Section 28; thence continuing South along the West line of said Section 28 a distance of 45 feet; thence East 195 feet; thence North 120 feet; thence West 120 feet; thence South 450 00' 00" West 106.07 feet to the Point of Beginning, containing 0.473 acre, more or less, and being subject to easements and rights of way of record . This description is considered subject to change pending a boundary survey of said land . T`�� - Booster Station THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE September 22, 1998 TO : Kevin Crosson , Public Works Director THRIJ : Charles Venable, Assistant Public Works Director Donald R. Bunn, City Engineer FROM : Ed Connell, Land Agent RE : Hwy 45 Water System Improvement Water Booster Station , Gulley Road Property Condemnation Since our memorandum of July 29, 1998 on the subject, certain discussions have transpired between the city and property owner, Ms. Ruth Morris and her attorney, David Horne, with regard to trying to reach a settlement on the acquisition of this property for the installation of a booster station facility. While some small progress has been made, there still remains a large difference between the parties . This project is ready to go to bid and any further delay will put the project in the middle of winter/spring . Over the past two months, Ms . Morris has had a number of meetings with her attorney as well as members of the City staff on the subject. Whereas she has reluctantly concluded that the facility will be located on this property, she has placed a price of $ 150,000 as severance damages on the remainder versus the $ 22,000 offered by the city. The attached letter, dated August 28, 1998, from Mr. Horne outlines some proposals of Ms. Morris. The city made some changes and modifications as presented in our letter dated September 3, 1998 . Primary among the changes was a reduction in the size of the parcel to be acquired , going from 0. 67 acre to 0.437 acre. This reduction is shown pictorially in the attached diagrams. The reduction in the amount of land required resulted in the elimination of general utility easements around the perimeter of the proposed facility. The reduction further reduced the amount of screening/buffer to a bare minimum . The city further increased the value of land from $ 13,000 per acre to $ 20,000 per acre, however, the overall compensation was not altered from our previous offer due to the reduction in land to be acquired . At this point in time, we have not heard from Ms . Morris nor Mr. Horne . As these discussions have lasted for about 10 months now and the project is ready to go, it is imperative that the City get possession of the land as soon as feasible and let the courts determine the value of such acquisition . It is herein recommended that condemnation on this property be modified from the 0. 67 acre tract to the 0.44 acre tract. Attached is a description for the latter tract. TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL MEETING OCTOBER 6, 1998 A meeting of the Fayetteville City Council will be held on October 6, 1998, at 6:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered: I. CONSENT AGENDA A. APPROVAL OF MINUTES: Approval of minutes from September 15, 1998, meeting. B. GRASS MAINTENANCE: A resolution approving the maintenance of the proposed buffer strip located between the back of curb and edge of sidewalk along Highway 16 West between Meadowlands Drive and U. S. Highway 71 . C. EDUCATIONAL ACCESS CHANNEL: A resolution authorizing an agreement with the University of Arkansas, Fayetteville, to operate the Educational Access Channel until September 30, 2000. D. BID 98-53: A resolution approving Bid 98-53 for the purchase of 20 various light and medium duty pick-up trucks and utility vehicles from Ron Blackwell Ford. E. OFF-STREET PARKING: A resolution appointing Bobby Lee Odom to the Off-Street Parking Development District No. I Commission. F. REAL & PERSONAL TAX RATES: A resolution adopting real and personal property tax rates for 1998 for the Police and Fire Pension funds. The rate to be adopted is 0. 5 mils for both real and personal property. There is no millage proposed for general government operations. G. AIRPORT SEWER LIFT STATION: A resolution approving Amendment #3 to the construction contract with Goodwin & Goodwin, Inc. in the amount of $700.00 for the addition of a manhole. H. INTERSECTION IMPROVEMENTS: A resolution approving the reappropriation of $ 14,091 . 80 in surplus funds from the Engineering contract to the Construction contract for intersection improvements at Township & N. College and the approval of change order #2 to the construction contract. I. WATER IMPROVEMENTS: A resolution approving a contract (Section 1 ) with basic Construction in the amount of $891 ,212.00 with a contingency of $ 100,000. 00 and approval of a budget adjustment in the amount of $350,000 for waterlines. J. WATER IMPROVEMENTS: A resolution approving a contract with J & L Construction in the amount of $368,500. 00 with a contingency of $40,000.00 for a booster pump station. II. OLD BUSINESS III. NEW BUSINESS A. WATER BOOSTER STATION: A resolution authorizing the City Attorney to seek court authorized possession of 0. 67 acres of land owned by Ruth A. Morris for the purpose of constructing a water booster station thereon. B. PLANNING COMMISSION APPEAL: A resolution appealing the Planning Commissions denial of a preliminary plat for CMN Business Park, Phase I. Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the neat City Council Agenda Session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. . TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL MEETING OCTOBER 69 1998 A meeting of the Fayetteville City Council will be held on October 6, 1998, at 6: 30 p. m. in the City Administration Building, 113 West Mountain Street. Room 219, Fayetteville. Arkansas. The following items will be considered: 1. CONSENT AGENDA A. APPROVAL OF MINUTES: Approval of minutes from September 15 , 1998, meeting. B. GRASS MAINTENANCE: A resolution approving the maintenance of the proposed buffer strip located between the back of curb and edge of sidewalk along Highway 16 West between Meadowlands Drive and U. S . Highway 71 . C. EDUCATIONAL ACCESS CHANNEL: A resolution authorizing an agreement with the University of Arkansas. Fayetteville, to operate the Educational Access Channel until September 30, 2000. D. BID 98-53: A resolution approving Bid 98-53 for the purchase of 20 various light and medium duty pick-up trucks and utility vehicles from Ron Blackwell Ford. E. OFF-STREET PARKING: A resolution appointing Bobby Lee Odom to the Off-Street Parking Development District No. l Commission. F. REAL & PERSONAL TAX RATES: A resolution adopting real and personal propem, tax rates for 1998 for the Police and Fire Pension funds. The rate to be adopted is 0. 5 mils for both real and personal property. There is no millage proposed for general government operations. G. AIRPORT SEWER LIFT STATION: A resolution approving Amendment #3 to the construction contract with Goodwin & Goodwin. Inc. in the amount of $700.00 for the addition of a manhole. H. INTERSECTION IMPROVEMENTS: A resolution approving the reappropriation of $ 14,091 . 80 in surplus funds from the Engineering contract to the Construction contract for intersection improvements at Township & N. College and the approval of change order #2 to the construction contract. 1. WATER IMPROVEMENTS: A resolution approving a contract (Section 1 ) with basic Construction in the amount of $891 ,212. 00 with a contingency of $ 100,000.00 and approval of a budget adjustment in the amount of $350,000 for waterlines. J. WATER IMPROVEMENTS: A resolution approving a contract with J & L Construction in the amount of $368.500. 00 with a contingency of $40.000. 00 for a booster pump station. II. OLD BUSINESS III. NEW BUSINESS A. WATER BOOSTER STATION: A resolution authorizing the City Attomev to seek court authorized possession of 0.67 acres of land owned by Ruth A. Morris for the purpose of constructing a water booster station thereon. B. PLANNING COMMISSION APPEAL: A resolution appealing the Planning Commissions denial of a preliminary plat for CMN Business Park, Phase I. Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the next City Council Agenda Session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. Grass Maintenance STAFF REVIEW FORM I.B. 1 Grass Xx Agenda Request Contract Review Grant Review mr FROM : Charles Venable Public Works Name Division Department ACTION REQUESTED: Approval of a resolution covering the maintenance of the proposed buffer strip located between the back of curb and edge of sidewalk along Highway 16 west from the vicinity of Meadowlands Drive to U.S. Highway 71 . COST TO THE CITY: $ 2 , 000 /Year 44t315Or,eir) Cost of this request Category/Project Budget Category/Project Name 14 i X 31 Right —of—Way Account Number Funds used to date Program Name Ig . ryc� c'�lSu IZjYY) Streets Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached L , , Buda-dt Cobrdinator Administrative services Director WA TRACT/GRANT/LEASE REVIEW: NTING AGENCY: Accounting Managey Date Int trial Auditor Date City Attorney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMME ATION : Division Head Date Cross Reference epartment Director Date New Item: Yes No inistrative Service rector Date Prev Ord/Res #' Mayoi Date Ong. Contract Date: I.B .2 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMO To : Mayor Hanna City Council Members From: Charles Venable Date : September 14, 1998 Subject: Resolution Covering the Maintenance of the Buffer Area on State Highway 16 West The Arkansas Highway and Transportation Department has asked that a resolution covering the maintenance of the buffer area to be located between the edge of the curb and the sidewalk, approximately two feet, along both sides of Highway 16 from Meadowlands Drive to Highway 71 be enacted by the City Council. The project as proposed does not require the acquisition of additional right-of-way and will require very little utility relocation . The project will be basically four lanes from Meadowlands Drive to near Salem Road, and four lanes with a turn lane from Salem Road to Highway 71 . Left-turn lanes will also be provided at Rupple Road and Meadowlands Drive. The total length of improvement to Highway 16 will be approximately 5900 feet. CV:msm enclosures : Resolution Letter from Arkansas Highway and Transportation Department c Jerry Rose Kevin Crosson Grass Maintenance I.B.3 RESOLUTION NO . A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE IMPROVEMENTS ALONG HIGHWAY 16 WEST. WHEREAS, the City of Fayetteville has by Resolution No. 120-97, dated December 16, 1997, agreed to enter into a 50150 cost share for the widening of State Highway 16 from Highway 71 west to the vicinity of Meadowlands Drive, and WHEREAS, the Arkansas Highway and Transportation Department has further requested that a resolution covering the maintenance of the buffer area located between the curb and sidewalk be enacted. and WHEREAS, the City of Fayetteville is agreeable to maintaining the buffer strips located between the curb and sidewalk to be located along both sides of the improved highway, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT: The Mavor be authorized to enter into a Maintenance Agreement for the so designated buffer areas along Highway 16 between Highway 71 and the vicinity of Meadowlands Drive . PASSED AND APPROVED this day of 1998 . Approved : By: Fred Hanna, Mayor Attest: By: Heather Woodruff; Citv Clerk Jrass Maintenance .B .4 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT .�o Dan Flowers z � N P.O. Box 2261 Director 1 TO Little Rock, ,Arkansas 72203-2261 s Telephone (501) 569-2000 Telefax (501) 569-2400 August 28, 1998 RECEIVED = FF () I �acR The Honorable Fred Hartna Mayor of Fayetteville C�MAYORy OF AS OFFICE LE 113 West Mountain Favetteville. Arkansas 72701 Dear Mayor Hanna: In response to the City' s request for a buffer area between the curb and sidewalk on the project to widen Highway 16 west of Highway 71 (Job 040277), we have determined that this buffer can be provided without need for additional right-of-way. However, since this sidewalk placement is a departure from Department practice, we ask that the City execute a resolution (sample enclosed) and that you sign the enclosed Agreement of Understanding regarding maintenance of this buffer area and conditions associated with the City' s participation in this phase of the project. Once this resolution has been passed. please return it and a signed Agreement of Understanding to this office. If you have any questions, please contact Virginia Porta in our Planning and Research Division at (501 ) 569-2207. Yours nvlly,�j Robert L . Walters Chief Engineer Enclosures c : Commissioner Bobby Hopper Director sass Maintenance 1 .13 . 5 AGREEMENT OF UNDERSTANDING Between The Arkansas State Highway and Transportation Department and City of Fayetteville concerning the placement of sidewalks on State Highways. WHEREAS, some local jurisdictions request buffer areas consistent with regional or local standards: and WHEREAS, it is the desire of the Arkansas State Highway and Transportation Department to cooperate with communities to achieve local design goals: and WHEREAS, the City of Fayetteville has requested that sidewalks on Job # 040277 be placed two (2) feet from the curb. NOW THEREFORE, IT IS AGREED that the Arkansas State Highwav and Transportation Department will design the above job with five (5) foot sidewalks placed approximately two (2) feet from the curb. IT IS FURTHER AGREED that the City of Fayetteville will be responsible for mowing and other basic maintenance between the curb and sidewalk. and will obtain written permission from the Arkansas State Highway and Transportation Department for the placement of any materials between the curb and sidewalk. IN WITNESS THEREOF, we, the parties hereto, having been duly authorized to sign the Aereement on behalf of the cooperating participating governments, officially execute this Agreement on this day of 19 Director of Highways and Transportation Mayor City of Fayetteville