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HomeMy WebLinkAbout1998-10-20 - Agendas - Final � D ZO- 4 � NUSS1 /1� / 12 0 u.. WIT Ll A Mq SCHAPER DANIEL MAY(-)R MANNA PFTTI PON Wil Ll A MR SCHAPER DANIEL IRTIMBO MAYORHANNA PFTTI Is WIT I TAMS v SCHAPER DANIEL YOT LNG IRIJMRQ MAYOR HANNA U -a -o . - m S PRT71 TR WILLIAMS nAXTET Vnl Wry MAVnR HANNA Cie E C fJi WILLIAMS qCTIAPER DANIFT Yol Mr. MAYOR 14ANWA Gi WIT I I AMS " 2 \WTT .I .TAM.q SCHAPER DANIFT YCH NC, TRITMRO MAYOR 14ANNA PF= Pq XUT LFR MRI l .TAMS WHAPER DANTEL VM NCT TRTIMRO MAYOR 14ANNA PFrn Tq MTT I FR WILLIAMS qrl4APFR DAWIFIT YM Wry TRTTk4RO MAVOR HANNA FINAL AGENDA CITY COUNCIL OCTOBER 20, 1998 AGENDA SESSION: -AIRPORT LIGHTING: Number this I.C. 1 -4. -IN-HOUSE PAVEMENT: Number this I.D. 1 -7 -CIP PROPOSAL: Number this II.F. 1 - 16 ATTACHED HERE: MINUTES : Due to technical difficulties the minutes of the October 6, 1998 meeting will be distributed on Monday. BOAT DOCK: Replacement pages for I.B. Number this 1 -4. A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, October 6, 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 Daniel, Alderman Miller, Alderman Pettus, Alderman Schaper, Alderman Trumbo, Alderman Williams, Alderman Young, City Attorney Jerry Rose, City Clerk/Treasurer Heather Woodruff, Staff, Press, Audience STAFF CHANGES: Mayor Hanna announced staff changes as follows: Administrative Services Director -Kevin Crosson replacing Ben Mayes Public Works Director - Charles Venable replacing Kevin Crossen Assistant Public Works Director - Don Bunn replacing Charles Venable City Engineer - Jim Beavers replacing Don Bunn. CONSENT AGENDA MINUTES: Approval of minutes from September 15, 1998, meeting. 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 . RESOLUTION 126-98 AS RECORDED IN THE CITY CLERK 'S OFFICE EDUCATIONAL ACCESS CHANNEL: A resolution authorizing an agreement with the University of Arkansas, Fayetteville, to operate the Educational Access Channel until September 30, 2000. RESOLUTION 127-98 AS RECORDED IN THE CITY CLERK 'S OFFICE 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. RESOLUTION 128-98 AS RECORDED IN THE CITY CLERK 'S OFFICE OFF-STREET PARKING: A resolution appointing Bobby Lee Odom to the Off-Street Parking Development District No. 1 Commission. RESOLUTION 129-98 AS RECORDED IN THE CITY CLERK 'S OFFICE 1 October 6, 1998 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. RESOLUTION 130-98 AS RECORDED IN THE CITY CLERK 'S OFFICE 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. RESOLUTION 131-98 AS RECORDED IN THE CITY CLERK 'S OFFICE 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. . RESOLUTION 132-98 AS RECORDED IN 777E CITY CLERK 'S OFFICE 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. Alderman Pettus stated she wished to abstain from the Consent Agenda due to a conflict of interest with two of the items. RESOLUTION 133-98 AS RECORDED IN THE CITY CLERK 'S OFFICE The motion was made by Alderman Daniel to approve the Consent Agenda. The motion was seconded by Alderman Williams. Upon roll call, the motion carried with a vote of 5-0-2, with Pettus and Young abstaining. OLD BUSINESS COST SHARE FOR STREET EXTENSION Mayor Hanna introduced a resolution approving a 50/50 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 extension project. Alderman Williams stated that the Street Committee met with the developer and local engineers, and the city aldermen who were present. Basically, the street committee believed this was advantageous to the city for two reasons. It would increase the value of the property because the road would be built with half of the cost paid by the developer of Barrington Parke, and it would 2 October 6, 1998 be helpful to all citizens who lived in Barrington Parke to have another safe way to enter/exit their housing development. Over the long term, it would be a good project for the city, and the street committee recommended it unanimously. Alderman Daniel mentioned that no complaints had been received on the issue. Mayor Hanna asked if anyone in the audience would like to address the street construction issue. Fran Alexander, area resident, asked for the configuration of Fox Hunter Road as it comes out of Barrington Parke, goes through public property, then out to Highway 45 . Her concern was in regard to plans for bike trails and sidewalks to facilitate students getting to schools. She asked that this be taken into consideration as the area develops. Alderman Miller remarked that the city has set standards for sidewalks and these would be followed. Mayor Hanna asked for further comments. There were none. Alderman Williams made a motion to pass the resolution. The motion was seconded by Alderman Daniel Upon roll call, the motion carried with a vote of 7-0-0. WATER BOOSTER STATION Mayor Hanna introduced an ordinance 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. City Attorney Rose stated Ms. Morris representative, David Horne, was not present. He reassured that he had spoken with Mr. Home explaining that the City needed immediate possession of the land. He added he and Mr. Venable would continue to negotiate with Ms. Morris. Mr. Venable stated they had been working with Ms. Monis for several months and still had not come to an agreement. Mayor Hanna asked the staff to look at the pump station in Tyson Park. He felt it was a good example. The station had the appearance of a small brick house. In response to questions, Mr. Venable stated there should not be any noise from the station. Mr. Don Bunn, Assistant Public Works Director, reiterated the station would be fenced and screened with vegetation. He added the pumps would be located above ground inside the 3 October 6, 1998 building. In response to questions, Mr. Venable stated the new water line would run toward Goshen and would be used in conjunction with the new water tower being built. This would offset the low water pressure in that area. Alderman Williams moved to suspend the rules and go to the second reading. Alderman Pettus seconded the motion. Upon roll call the motion carried by a vote of 7-0-0. Mr. Rose read the ordinance for the second time. Alderman Trumbo moved to suspend the rules and to the third and final reading. Alderman Williams seconded the motion. Upon roll call the motion carried with a vote of 7-0-0. Mr. Rose read the ordinance for the third time. Mr. Charles Seifert, 4125 Warwick Drive, stated citizens should be fairly compensated for their property. The suggested the city use an outside appraiser. Mayor Hanna called for the vote Upon roll call the ordinance passed with a vote of 7-0-0. PLANNING COMMISSION APPEAL Mayor Hanna introduced a resolution appealing the Planning Commission' s denial of a preliminary plat for CMN Business Park, Phase I. Mr. Rose explained the Council needed to vote to hear the appeal. Alderman Trumbo moved to hear the appeal. Alderman Pettus seconded the motion. Upon roll call the motion carried by a vote of 7-0-0. Jim Irwin, project representative stated the Planning Commission had voted 4-4-0 to approve the plat. He explained they had filed a preliminary plat to address questions from the 1995 rezoning of the property. During the 1995 discussion CMN had agreed to escrow funds from any sale of property for the construction of the north-south road connecting Shiloh and Joyce. He reiterated they were now filing the preliminary plat to address those issues. Alderman Trumbo asked Mr. Irwin why they had waited three years before starting the development process. Mr. Irwin explained they were having problems marketing the property without specific answers 4 October 6, 1998 to questions regarding streets and required improvements. He stated they would begin with phase I then work into phase II. Alderman Williams asked when they would begin work on phase II. Mr. Irwin replied they would begin on phase II after Phase I was underway. In response to questions regarding the zoning of the property, Mr. Irwin presented a map illustrating the zoning of the property. He explained the property was zoned both C- 1 and C-2. Alderman Williams recalled the reasoning behind the rezoning was to help the traffic flow around the mall. He expressed concern that the preliminary plat showed Van Ache, Steel Boulevard going from a four-lane boulevard to a two-lane street. Mr. Irwin replied they were compiling with the Master Street Plan. In response to questions, Mr. Venable stated he was comfortable with Mr. Peters, traffic engineer for the development, traffic projections for the development. Alderman Young asked if they were going to construct the road all at once before getting a final plat. In response to arguments from Alderman Young, Ms. Harrington stated the agreement between the developer and the City regarding the escrow of money from the sale of property for the obstruction of the road had been discussed throughout the entire process. Mr. Irwin stated the agreement with the city allowed CMN to sell lots before obtaining a final plat. In response to arguments from Alderman Young, Ms. Little, Planning Director, stated the agreement superseded the normal development procedure. The city was committed to follow the agreement. Alderman Young expressed concern about this being the largest single development ever proposed in the city of Fayetteville or in Northwest Arkansas. Ms. Harrington read the November 2, 1995 letter which read, "In the event the owners sell a part of the entire ownership prior to construction of the north-south road all of the sales proceeds generated from the sale shall be held in escrow until the north-south street is constructed. The escrow funds shall be used for part of the construction of the north-south street. Specific language for the escrow agreement shall be drafted by the City Attorney and the owner' s attorney." The staff, the Planning Commission and everyone else working of the development 5 October 6, 1998 had agreed this plat was ready to move forward. Mr. Rose stated an agreement had been made regarding the entire parcel of land, not just Phase I. In response to concerns voiced by Alderman Young, Ms. Harrington stated the owners had every intention of building the road there was only one reason they were at the council meeting which was for permission to begin construction of the street. Alderman Young reiterated if the council approved the preliminary plat that they were granting the developers the right to precede with he development of 170 acres. Ms. Harrington stated all the property that was sold would go into escrow to build the street. Alderman Young stated the city' s normal procedure was to approve a preliminary plat, then allow the developer to construct the infrastructure. When the improvements had been made, then the developer would come back to the city for a final plat, which would allow them to sell lots. Alderman Williams agreed this was a very large section of property. He thought it made a lot of sense to have an overall development scheme. The rezoning had been a hotly contested issue at the time, but the majority of the city council had voted for the rezoning because they wanted the road to be completed to have another access to the mall. He agreed the normal procedure was to construct the road first, however, this was a very expensive road with a major bridge. The council had made an agreement with the developer to allow them to sell some property, but the proceeds from the sales had to be escrowed in an account for the construction of the street. He felt the escrow agreement would protect the city and the new property owners by insuring that the road would be constructed. Alderman Trumbo stated conditions had been set forth three years ago, the escrow agreement had been talked about and agreed upon. He added these developers had produced a good quality projects. He thought the city's flexibility would promote an excellent commercial development. He added the development would increase city sales tax and property taxes for our schools. Alderman Schaper stated it had not occurred to him that the escrow agreement would supersede the normal development process. He wanted to make sure the street would be constructed. Mr. Irwin stated they had the property under contract at one time for six months, but they could not answer some of the questions regarding required improvements. In response to questions, Mayor Hanna stated they had agreed upon the escrowing of funds three years ago. He had no problem with the agreement and explained the developer would not receive any of the money from the sale of land until the road was constructed. 6 October 6, 1998 Alderman Trumbo stated this developer had a good reputation and had followed through with their promises. He added he could not see the downside on giving them approval to do this. He felt it would help them sell the lots and construct the road quicker. Alderman Williams agreed that it would help in getting the road constructed sooner. He added he thought the city should participate in the building of a boulevard from the beginning. He did not believe a two-lane road could support the traffic around the mall. The added Fayetteville was lucky that the mall was inside Fayetteville City Limits. If it wasn't there would be millions less in tax revenue for our police and fire as well as other services. After discussion, Alderman Williams suggested the right-of-way be increased south of Van Ache on Steele Boulevard to 90 feet. Alderman Pettus moved to reverse the opinion of the Planning Commission and to grant the appeal, subject to the change in the right-of-way (90 feet south of Van Ache to the connection). In response to questions from Alderman Schaper, Alderman Williams stated he thought the city could participate in the construction of the four lane road because it would be used by more citizens than by the traffic generated by the development. He added the development would generate more sale tax revenue and to pay the city dividends thru the years. After discussion regarding the requirement for right-of-way for a four lane boulevard and requirement for a connection to Van Ache to Gregg . Alderman Williams moved amend the motion to increase the right-of-way from 90 feet to 96 feet and to require the developer to construct the connection from Van Ache to the west to Gregg Street with the completion of the sale of 75% of the property in Phase I. Alderman Pettus seconded the motion. Upon roll call the amendment carried by a vote of 7-0-0. Mr. Charles Seifert, 3125 Warwick, stated the council should be dealing with the current traffic and drainage problems. Bob Brandon, area resident, stated he lived in the Wilson Park neighborhood and he was concerned about the preservation of the historical neighborhood. He felt this new connection would add traffic to his neighborhood, which was not equipped to handle the current traffic. He asked the council to address the current traffic problems in his neighborhood before spending money on a new development. In response to concerns voiced by Mr. Brandon, Alderman Williams stated the city had been addressing problems in his neighborhood by improving the rail road crossing. He added the University generated most of the traffic problems in his neighborhood and not the mall. 7 October 6, 1998 Mayor Hanna added the city had plans to extend Prospect Street over to Cleveland, across the railroad tracks, which should help the traffic somewhat. Mr. Venable stated the Engineering department was in the design stag now. It would be next year before they began construction. Ms. Fran Alexander, an area resident, asked if a high priority would be placed on keeping a green space if the boulevard was ever expanded. She added the city did not have a written policy on the preservation of median greenspace. She asked the difference between this proposed cost share and the cost share with Barrington Park, Alderman Miller explained the Barrington Park was across city land which would increase the value of the property if the city decided to sell at a later date. Ms. Alexander suggested a written policy for defining whether or not the city was subsidizing private enterprise and private development with tax dollars. Alderman Williams replied that the city was not really subsidizing residential developments, in fact developers were subsidizing our roads. The city was allowing Barrington Park to use their land for the construction of a road, which would in turn increase the value of the city' s property. In response to questions from Ms. Alexander, Alderman Williams explained the developer of CMN was going to construct the road, however, the city was asking the developer to donate additional right-of-way to increase the size of the road beyond what the developer was required to construct. Ms. Little requested clarification on the motion. In response to questions from the council, Ms. Harrington stated they had agreed to the staff conditions of approval. Alderman Pettus moved to amend the motion to include all the conditions listed on the staff report and to include all Planning Commission requirements. Alderman Trumbo seconded the motion. Upon roll call the motion carried by a vote of 7-0-0. For clarity Ms. Little read the Planning Commission' s motion for approval and the additional requirements to obtain a 96 foot right-of-way on Steele Blvd. south of Van Ache to Gregg Street. And in addition the developer would be required to complete Van Ache to Gregg Street in the same manner as Steele Boulevard upon sale of 75% of the acreage in Phase I. She added there was a total of 21 conditions placed upon the approval of this development. Upon roll call the motion carried by a vote of 5-2-0. Aldermen Schaper and Young voting nay. 8 October 6, 1998 REAL AND PERSONAL PROPERTY TAX Mayor Hanna Introduced an ordinance 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 each for both the fire and police pension fund. No millage was proposed for the general government operations. City Attorney Jerry Rose read the ordinance for the first time. In response to questions from Alderman Williams, Assistant Fire Chief Marion Doss explained the two plans were different and had different benefits. But both were governed by the State. Alderman Williams asked the percentage the retiree would receive. Mr. Doss stated the old plan sealed benefits at 65% of the salary at which they retired. The new plan was an average of the salary and time served. He added theoretically the closed plan would be shrinking over time. He added an actuary study was done every two years. This years study showed the fund being under funded. There were currently 21 firemen under the old pension relief plan. Alderman Pettus questioned if the tax would always be needed. Alderman Williams reiterated his concern about treating both retirement plans equally. In response to questions from Aldermen, Mr. Doss stated the State Law set the minimum for 20 years of service at 55%. He reiterated the fact that the actuary study had shown the plan to be underfunded. Alderman Schaper moved to suspend the rules and go to the second reading. alderman Young seconded the motion. Upon roll call the motion carried by a vote of 6-1-0. Alderman Pettus voting nay. City Attorney Rose read the ordinance for the second time. Mr. Lamar Pettus, area resident, questioned if the tax was necessary. Mayor Hanna explained the Firemen and Policemen were Civil Service employees. There rules and regulations were set by the State and the DROP Plan was also handled by the State. He explained the reason why the plans were set up like they were was because some cities were using the money for other things rather than to pay retirees. Mr. Charles Seifert, area resident, stated the importance of having a well funded retirement program and the need to hire qualified people. 9 October 6, 1998 The ordinance was left on the second reading. PRE-EXISTING NONCONFORMING SIGNS Mayor Hanna introduced an ordinance amending Section 161 .21 Design Overlay District, of the Code of Fayetteville, to add subsection D5f Pre-existing Nonconforming Signs to provide for the removal of pre-existing non-conforming signs within a period of five years; and to amend Section 161 .21 to add Subsection 5 to exclude signage as an exemption. City Attorney Rose read the ordinance for the first time. Alderman Schaper stated he had brought the proposed ordinance forward to enhance the ability of new businesses along the by-pass to compete with pre-existing businesses along the by-pass. He felt it was unreasonable to have the existing non-conforming signs there indefinitely. There was a precedent for existing signs to be removed, such as the billboards. He felt the proposed ordinance would equalized everyone under the existing regulations. Alderman Miller stated he would be supporting the proposed ordinance. Alderman Pettus asked if they were required to remove the existing sign, would they be allowed to install a conforming sign. Mr. Rose explained they would be allowed to install a sign under the current sign ordinance. He suggested she refer to her code book for more information regarding signage. In response to questions, Ms. Little stated the Board of Sign Appeals could grant exemptions for off-premises signs. Mayor Hanna recalled that existing developments and platted developments were excluded from the Overlay District. Ms. Little recalled that several subdivisions had already been subdivided, but had not been developed. Those subdivision would be excluded from the Design Overlay requirements. Alderman Pettus stated she was not in favor of tampering with the current ordinances. She noted the signs would not be there forever and that they would be phased off. She added if a business ceased to operate then they would be required to remove the sign. In response to question regarding how the rules applied to businesses changing ownership, Ms. Little stated that she and Mr. Rose had differing interpretations. She felt if the business changed ownership then they would need to come into compliance. Jerry felt the new owners had a vest interest and that they were there before the Overlay District was formed and they would be allowed to keep the sign. 10 October 6, 1998 Alderman Daniel thought the new owners should be brought into compliance. Mr. Charles Seifert, an area resident, referred to Cracker Barrel and the unobtrusive sign they had proposed. The added they would have generated considerable revenue for the city. Steve Ward, Chamber of Commerce, stated he was concerned about the development along 71 bypass. He requested the council not to act on the ordinance that night. Andrea Forney, an area business person, stated she was in favor of the amendment because it would promote the beauty of the town and help promote growth. Ms. Marion Orton, former Mayor, stated she had worked on the original sign ordinance. They had wanted a strong sign ordinance . She noted Fayetteville' s ordinance was not as strong as some cities, however, she was proud of the one they had passed. She had been under the impression that the when a business changed hands the signs would have to be brought under compliance. She was surprised to hear that was not the case. She added it was a very legal way to get rid of non-conforming signs. She reiterated it had taken a long time to pass the original ordinance. She asked that the council not do anything that would weaken the current ordinance. Mr. Rose encouraged the aldermen to read over the section regarding the Overlay District. He noted the Overlay District did not apply to undeveloped or partially developed lots in nonresidential subdivisions lying within the design Overlay District for U. S. highway 71 corridor which received preliminary or final plat approval before June 28, 1994. They were exempt from the overlay and not grand fathered in. The law never applied to them. The law does not apply to those people. The proposed ordinance would be removing that exemption. The ordinance would remove only one exemption, the signs. The meeting adjourned at 9:45 p.m. 11 STAFF REVIEW FORM XX AGENDA REQUEST XX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 20 , 1998 FROM : Connie Edmonston Parks & Recreation Public Works Name Division Department ACTION REQUIRED : Award of contract to Jim Black , dba Lake Fayetteville Marine to operate the Lake Fayetteville Boat Dock . Contract is for one year with five ( 5 ) one year annual renewal ( s ) . The annual renewals are subject to budget approval by City Council . COST TO CITY : $ 6 , 440 . 40 ( for 1998 ) $ 25 , 762 ( for 1999 ) $ 50 , 700 ( 1998 ) Services & Charges Cost of this Request Category/ Project Budget Category/ Project Name $ 43 , 315 Lake Maintenance Account Number Funds Used To Date Program Name $ 7 , 385 ( 1998 ) General Fund Project Number Remaining Balance Fund 8 DG VIEW : XX Budgeted Item Budget Adjustment Attached udg t Coordinator Administrative Services Director �O^NTRACT/GRANT/LEASE REVIEW : GRANT NG AG Y : Accou ng a �g Date erna Au iI Date 49 s� CiJ/Attoi�ne�r� Date ADA Coordinator Date v � 10 -q -% Purchasing Officer Date STAFF RECOMMENDATION : Approval of contract . Divison Head Date Cross Reference LL /o /j�48 New Item : Yes NO e artm D ' ctor Date i !LomPrev Ord/Res # : anis tive Services Director Date / / /04( Orig Contract Date : Mayo/ Date C : \APP\ 98BUD\ 98NOTES\LKFAY—BO . CON FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Charles Venable, Public Work Director FROM: Conniee Edmonston, Parks & Recreation Superintendent DATE: October 6, 1998 SUBJECT: Award of Lake Fayetteville Boat Dock Operator's Contract Two bids were received for the contract of the Lake Fayetteville Boat Dock Operator. The selection committee recommends the contract be awarded to the low bid, Jim Black in the amount of $25,761 .60. This is a three percent increase over last year to allow for the cost of living increase. The term of this contract is for a twelve month period with an automatic extension provision of four additional one year terms. Jim Black has been the Lake Fayetteville Boat Dock Operator since 1988. CITY OF FAYETTEVILLE Lake Fayetteville Boat Dock Operator Contract OPERATING CONTRACT FOR LAKF. FAYETTF.VILLE BOAT DOCK For the total amount of 2,146_.80 per month, Jim Black dba Lake Fayetteville Marine (the "Contractor") agrees to provide the list of services and requirements to the City of Fayetteville beginning October 1 , 1998 and ending on December 31 , 1998. Either party may cancel this contract by giving the other party thirty days written notice of cancellation. Jim Black (the "Contractor") further certifies possession of the initial capital monies to commence boat dock operations. The City agrees to pay the Contractor in current funds for the performance of the listed services and requirements by making payments to the contractor no later than the 15th of each month. CONTRACTED SERVICES AND REQUIREMENTS 1 . Operate and manage the Lake Fayetteville Boat Dock. Shall be an independent contractor not an employee of the City. Must open and close the lake gates seven days a week at sunrise and sunset. The Lake Fayetteville Boat Dock is closed each year from December 24 through January 14. The operator is responsible for supervising the boat dock during this time. 2. Collect boat stall rentals, storage rentals, fishing permits, and boating permits. These fees are submitted to the Parks and Recreation Office on a weekly basis. 3 . Prepare reports and keep records as required by the Public Works Director. 4. Provide proof of liability insurance with a minimum coverage of: $300,000 for one person involved in death or injury. $500,000 for two or more persons involved in death or injury. 5. Receive prior approval from the Public Works Director, or his designee, for any special event conducted at Lake Fayetteville. 6. Mow the yard surrounding the boat dock office and dock area to maintain a manicured appearance. 7. Pick-up trash and clean the office and bathroom on a daily basis. 8. Conduct the following business at the Lake Fayetteville Boat Dock: a. Sell concessions in compliance with all applicable State & Federal Laws, Municipal Ordinances, Health Department Regulations and the rules and regulations of all authorities having jurisdiction over the performance of this project. b. Sell fish bait. C. Provide other services which the Public Works Director determines will enhance the operation of Lake Fayetteville. 9. On call 24 hours a day. 10. The initial annual term of the Contract shall be January 1st through December 31st. Compensation for the first renewal period will be $2, 146.80 per month. However, said Contract may automatically renew for five (5) consecutive one ( 1 ) year terms, with compensation being adjusted each renewal period by three percent (3%) of the contracted amount for the prior year. Such automatic renewal shall be subject to budget approval by the City Council. 11 . Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which will be deemed an original, in the year and day first above mentioned. CITY OF FAYETTEVILLE, ARKANSAS ATTEST: (City) By: (City Clerk) (Title) Tim Black, dha Lake-Eayetteville_Madne ( itness) (Contractor) By: (Title) `PD �nOc V83 Tohomou, (Address and Zip Code) XX AGENDA REQUEST STAFF REVIEW FORM XX CONTRACT REVIEW _ GRANT REVIEW For the Fayetteville City Council meeting of October 20. 1998 PRaa: Dale Frederick Airport General Gvmt . Name Division Department ppRE U The Airport requests approval of the contract with Robert Bailey Electric , Inc . rri�TIEkeON amo o M;, 907 . 90 . This contract is for Bailey Electric to act as general contractor on the airport' s Airfield Taxiway Lighting Rehabilitation Project . The airport ' s engineering firm for this project, Garver 6 Garver Engineers , has reviewed the bids received and recommend award of this contract . This project is an FAA Airport Improvement Program project and will receive 906 FAA funding . An additional grant for 56 of the project ' s total cost will be applied for with the state leaving the remaining 56 to come from airport funds . Approval of a $ 38 , 690 . 00 contingency is also requested . ---------------------------------------------------------------------------- COST TO CITY : �/ S 425. 597 . 40 ,aAirfield Liohtina Cost of this Request Category/Project Budget Category/Project Name 5550-3960-5314 . 00 �_7�lb n/a Account Number Funds used to date Program Name I 98054-01S 7.`uoi� Airport Project Number Remaining Balance Fund B r VIEW ' a ed it, Budget Adjustment Attached get oor 1 ator Administra ive Services Director �,C"ONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : /l,. "7-q Accountin ger Date DA or di ate y LJ/ Ci y Attorney Date ternal Au Date IbA 98 Purchasing Officer Date --------------------------------------------------------------------------- STAFF RECOMMENDATION • staff recommends approval . ------------------G1--------------------------------------------------------- Division Head Date Cross Reference part r ctor [e New Item: Yes No 11 Pre Or/Res A : i lt4a v ervices Director Dat II2r_ j� Orig . Cont . Date May t ` Date FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THRU: Fred Hanna, Mayor FROM: Dale Frederick, Airport Manager DATE: October 5, 1998 SUBJECT: Airfield Lighting Rehabilitation Contract Award The Airport requests the City Council approve the contract with Robert Bailey Electric, Inc. in the amount of $386,907.40 to perform the duties of general contractor for the Airfield Taxiway Lighting Rehabilitation Project. Bailey Electric was the lowest bidder for this project; their bid has been reviewed by Garver & Garver Engineers which recommends award of the contract. This is an FAA AIP project and will receive 90% FAA funding. The FAA AIP grant for this project was accepted by City Council Resolution 115-98. Additionally, a grant for 5% of the project's total cost will be applied for with the state. Five percent of the total cost will come from airport funds. Approval of a $38,690.00 contingency is also requested. Attachments: Staff Review Garver & Garver Recommendation Resolution No. 115-98 Bid Tabulation Bailey Electric Contract (8 originals) 1 Garver, Inc. Engineers 1010 Battery Street P.O. Box 50 Little Rock, Arkansas 72203-0050 501-376-3633 FAX 501-372.6042 GARVERIENGINEERS w .garverinc.com September 23, 1998 Mr. Dale Frederick, Manager Fayetteville Municipal Airport 4500 School Avenue Suite F Fayetteville, AR 72701 Re: Fayetteville Municipal Airport Taxiway Lighting Rehabilitation AIP #3-05-0020-25-98 Recommendation of Contract Award Dear Dale: Bids were received for the "Taxiway Lighting Rehabilitation" project at the Fayetteville City Administration Building at 10:00 am on September 23, 1998. The bids have been checked for accuracy. A tabulation of the bids received is enclosed with this letter. A total of 5 bidders submitted on the project. Robert Bailey Electric, Inc. of Conway, submitted the low bid for the project at $386,907.40. This amount reflects funding from several different sources, including a FAA AIP grant and a future Arkansas State Department of Aeronautics grant. We believe that the bid for the "Taxiway Lighting Rehabilitation" represents a good value for the Airport. Given the funding outlined above, we recommend the Airport Board award the construction contract for "Taxiway Lighting Rehabilitation" to Robert Bailey Electric, Inc. Sincerely yours, GARVER ENGINEERS Michael J. ffin, P. E. Enclo.ures (1161@) Brenlw000, IN • Fayellewlle. AR • Hunt-ville AL • Jackson, MS • Little Rock. AR ! Louisville. KY • Tulsa. OK RESOLUTION NO.1 1 S _ a a A RESOLUTION ACCEPTING FAA AIRPORT IMPROVEMENT PROJECT GRANT NO. 3-05-0020-2598 TO BE AWARDED IN THE AMOUNT OF $443, 146 AND WILL COVER PHASE I OF THE AIRFIELD LIGHTING REHABILITATION PROJECT, THE RUNWAY APPROACH OBSTRUCTION LOCATION SYSTEM, AND THE PAVEMENT MANAGEMENT SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the FAA Airport Improvement Project Grant No. 3-05-0020-2598 to be awarded in the amount of $443 , 146 and will cover Phase I of the Airfield Lighting Rehabilitation Project, the Runway Approach Obstruction Location System, and the Pavement Management System. PASSED AND APPROVED this I " day of September , 1998. APPROVED : gy. 1L7L Fred Hanna, Mayor ATTE&T:, ;, . : . By: �1 - �Heather Woodruff, Citytlerk STAFF REVIEW FORM �_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 20th , 1998 FROM : Randy Allen Street Public Works Name Division Department ACTION REQUIRED : Approve budget adjustments for $ 120 , 000 and $ 92 , 000 to reimburse and supplement the In-House Pavement Improvements Program . COST TO CITY : $ 212 , 000 $ 824 , 300 In-House Pave . Imp . Cost of this request Category/Project Budget Category/Project Name 4470- 9470- 5809.00 738,364 In -House Pave, Imp, Account Number Funds Used to Date Program Name 97022- 1 85,936 Sales Tax Capital Imp. Project Number Remaining Balance Fund BUDGET REVIEW: _ Budgeted Item Budget AdjusVX c BudgeY Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco tiny 4v ana er Date AD o inator Date Cit Attorn Date I l Auditor Date v ,� e • a 98 Purchasing Officer Date STAFF RE MMENDATION: /07 9R CrossRfrne Tis on H VeDate 4� New ]tem: YES NO !I - re art t D' ctor Date Prev Ord/Res : 61W 0Vj Orig. Contract Date: Admin' trative Services Director Date Mayor Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO : The Fayetteville City Council THRU : Fred Hanna , Mayor FROM : Charles Venable , Public works Director Randy Allen , Street Superintendent Xa, DATE : October 7 , 1998 SUBJECT : Funding Replacement and Budget Adjustments The 1998 In-House Pavement Improvements Program is asking for funding replacement in the amount of $ 120 , 000 for the construction of the parking lot at Spring and West Street . In addition , a budget surplus of $ 92 , 000 remains on the Borick Drive extension that was constructed this year . We are asking for approval of budget adjustments of $ 120 , 000 and $ 92 , 000 to place these funds into the In-House Pavement Improvements Program for 1998 . This funding will be utilized in completing the Community Development Project by placing SB- 2 base and asphalting the streets within the target area . In addition , all 1997 program carry-overs will be completed . This should complete approximately 130 , 000 square yards of streets in 1998 . City of Fayetteville, Arkansas l Budget Adjustment Form Budget YearDepartment: Sales Tax Capital Improvements Date Requested Adjustment f! 1998 'vision: 10 / 07 / 98 Program: Project or Item Requested: Project or Item Deleted: Additional funding is requested for the In-House Pavement None. Reallocation of the remaining project funding for Improvement Project, project 1197022. Borick Drive (Commerce Drive) Improvements and use of fund balance. Justification of this Increase: Justification of this Decrease: The additional funding is needed to complete the street overlay Borick Drive was constructed by City crews and is complete. project in the Community Development Target Area and to add Sufficient funds exist in Sales Tax Capital Improvements Fund to funding to complete the remaining 1997 carry over streets. fund this request and comply with City policy. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Street Improvements 92 , 000 2100 5500 5809 00 97022 1 Street IMrovements 120 , 000 4470 9470 5809 00 97022 1 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Street Inprovements 92 , 000 2100 5500 5809 00 92094 1 Use{ of` Pund3Balyance : 320x000 . 4470 0947 4999 99 Approval Sigoatums Budget Office Use Only Raj "" B Stv t s`,' Date Type: A B C V E 1 J Bbordinator Date Daft of Approval IMT; pp Date Posted to General Ledger ©V� Aftin. Services Director Date Posted to Project Accounting Mayor Date Entered in Category Log Blue Copy: Budget h Research? Yellow Copy: Requester CAAPP198BUD\B4ADAMOUSEWK4 TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL MEETING OCTOBER 20, 1998 A meeting of the Fayetteville City Council will be held on October 20, 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 October 6, 1998, meeting. B. LAKE FAYETTEVILLE BOAT DOCK: A resolution awarding a contract to Jim Black, Lake Fayetteville Marine, to operate the Lake Fayettteville Boat Dock. The contract is for one year with five one year annual renewals. II. OLD BUSINESS A. REAL AND PERSONAL PROPERTY TAX RATES: An ordinance 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. The ordinance was left on second reading at the October 6, 1998, meeting. B. 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 non- conforming signs within a period of five years; and to amend Section 161 .21 to add Subsection 5 to exclude signage as an exemption. The ordinance was left on first reading at the October 6, 1998, meeting. III. NEW BUSINESS A. COUNCIL ON AGING: A presentation by the Council on Aging regarding the status of construction of the proposed Senior Center. B. TURTLE CREEK SUBDIVISION WAIVER REQUEST: A waiver from the Park Land Dedication Ordinance requesting the Council to accept money in lieu of a park land dedication. C. HIGHWAY 16 WIDENING: A resolution approving the Utilities Adjustments Contract with Arkansas Highway and Transportation Department for Highway 16 widening (71 Bypass to Meadowlands Drive.) D. HIGHWAY 265 WIDENING: A resolution approving a contract with RJN Group for the water and sewer relocations associated with the widening of Highway 265 from Highway 45 to Highway 16 East. (Supporting information will be distributed at Agenda Session.) E. HIGHWAY 265 WIDENING: A resolution approving a contract with Arkansas Highway and Transportation Department for water and sewer adjustments associated with the widening of Highway 265 from Highway 45 to Highway 16 East. (Supporting information will be distributed at Agenda Session.) F. CAPITAL IMPROVEMENT PROGRAM: A resolution approving the 1999-2003 Capital Improvement Program. G. LEASE AGREEMENT: A lease agreement for property located at 1060 S. Township Drive is to be used for an antenna tower, building, equipment cabinets, and communication equipment. 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. Boat Dock LB. 1 XX AGENDA REQUEST STAFF REVIEW FORM XX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 20 1998 FROM : Connie Edmonston Parks & Recreation Public Works Name Division De artm.n ACTION REQUIRED : Award of contract to Jim Black , dba Lake Fayetteville Marine to operate the Lake Fayetteville Boat Dock . Contract is for one year with five ( 5 ) one year annual renewal ( s ) . The annual renewals are subject to budget approval by City Council . COST TO CITY : $ 6 , 440 . 40 ( for 1998 ) $ 25 , 762 ( for 1999 ) $ 50 . 700 ( 1998 ) Services & Charges Cost of this Request Category/ Project Budget Category/ Project Name $ 43 . 315 Lake Maintenance Account Number Funds Used To Date Program Name $ 7 , 385 ( 1998 ) General Fund Project Number Remaining Balance Fund B G ' IEW : XX Budgeted Item Budget Adjustment Attached uda t Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY : Accounting Manager Date Internal Auditor Date City Attorney Date ADA Coordinator Date Purchasina Officer Date STAFF RECOMMENDATION : Approval of contract . Division Head Date Cross Reference New Item : Yes No Department Director Date Administrative Services Director Date Prev Ord/Res # : Orig Contract Date : Mayor Date C : \APP\ 98BUD\98NOTES\LKFAY_BO . CON Boat Dock I.B.2 'TEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Charles Venable, Public Work Director a FROM: Connie Edmonston, Parks & Recreation Superintendent DATE: October 6, 1998 SUBJECT: Award of Lake Fayetteville Boat Dock Operator's Contract Two bids were received for the contract of the Lake Fayetteville Boat Dock Operator. The selection committee recommends the contract be awarded to the low bid, Jim Black in the amount of $25,761 .60. This is a three percent increase over last year to allow for the cost of living increase. The term of this contract is for a twelve month period with an automatic extension provision of four additional one year terms. Jim Black has been the Lake Fayetteville Boat Dock Operator since 1988.