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HomeMy WebLinkAbout1998-11-17 - Agendas - Final AGENDA FAYETTEVILLE CITY COUNCIL MEETING NOVEMBER 17, 1998 A meeting of the Fayetteville City Council will be held on November 17, 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 November 3, 1998 meeting. B. BID 98-82: A resolution approving the construction contract with Tomlinson Asphalt Company, Inc. in the amount of $ 87,332.74 for Bid No. 98-82, Lake Fayetteville Dam Erosion and Seepage Control, approval of a project contingency of $20,000 and approval of a budget adjustment of $35,520.74 to be taken from "Miscellaneous Drainage Improvement". C. BID 98-83: REMOVED FROM CONSENT. Item has been placed under New Business, III.A. D. BID 98-97: A resolution awarding the Walker Park play ground bid to John Westin Concrete, Inc. in the amount of $59,859.04. This project is also partially funded by the Arkansas State Parks Outdoor Recreation Grants Program in the amount of $30,000 in addition to funds in the Parks' C.P. E. GIRLS SOFTBALL COMPLEX: A resolution approving a contract with Perry Butcher and Associates for the design, supervision, and construction of Phase III of the Girls Softball Complex near Holcomb Elementary School. The architectural costs are $ 15,750 plus an amount not to exceed $3,000 for reimbursable expenses for a total of $ 18,750. F. BID 98-90: A resolution awarding the Wilson Park Castle renovation project, Bid 98- 90 to Heckathom Construction in the amount of $51 ,226 project contingency and budget adjustment. G. TURNBACK REVENUES: A resolution approving a two- year renewal of an agreement with the State Board of Finance for turnback revenues for the Continuing Education Center under the Tourist Meeting and Entertainment Facilities Assistance Act. H. INSURANCE CONTRACT: REMOVED FROM CONSENT. Item has been placed under New Business, III.B. L DICKSON STREET ENHANCEMENT: A resolution indicating a willingness to utilize federal funding for the Dickson Street and Vicinity Enhancement Project. - _ J. GREGG STREET IMPROVEMENTS: A resolution authorizing the Mayor to - - - execute an Agreement of Understanding with the Arkansas Highway and Transportation Department relative to the improvement of Gregg Street from Highway 71 B to Mud Creek Bridge. K. ARLINGTON TERRACE: A resolution approving an increase in the budget for the Arlington Terrace Project by $ 11 ,500.00, approval of the associated budget adjustment, and an increase in the project contingency by $ 11 ,500.00. II. OLD BUSINESS A. CAPITAL IMPROVEMENT PROGRAM: A resolution approving the 1999-2003 Capital Improvement Program. B. HOUSING CODE: An ordinance repealing Chapter 155 : Minimum Housing Code, Code of Fayetteville; and adopting the Standard Housing Code, 1997 Edition. C. NOTIFICATION REQUIREMENT FOR BLASTING: An ordinance amending Chapter 157, Notification and Public Hearings, of the Code of Fayetteville, to add Section 157.08, Fire Prevention Code, Requiring notification to residential property owners within 200 yards of a blasting site. III. NEW BUSINESS A. BID 98-83: A resolution awarding the Veterans Memorial Park project to Heckathom Construction Company, Inc. in the amount of $ 149,621 . The project consists of a year round restroom building and parking improvements. B. INSURANCE CONTRACT: A resolution renewing the Blue Cross Blue Shield Group Medical Contract for policy year 1 -1 -99- 12-31 -99. C. PROPERTY ACQUISITION: A resolution authorizing the acquisition of 320.00 acres of land located between Washington County Roads #648 and #649, south of Highway 16 West and north of Highway 62, for the possible location of a second waste water treatment facility. Properties to be acquired from James McClelland Jr., H.M. and Norma Lee Ship, Broyles Farm Corp. and Calvin and Wanda Sue Hammond. Approval should include closing cost associated with the purchase of these lands. Budget adjustment approval required. D. LEGAL DESCRIPTION CORRECTION: An ordinance correcting the legal description for Vacation 94-2, City Ordinance 3835 . E. OFF STREET PARKING LOT DESIGN: An ordinance revising the UDO, Off Street Parking Lot Design requirements, in reference to landscaping. F. OVERLAY DISTRICT: An ordinance revising the Overlay District provisions of the zoning ordinance to eliminate sections contained within the Commercial Design Standards. G. TERM LIMITATIONS: A resolution revising the Rules of Order of the Fayetteville Mayor/City Council by repealing Section (1-1)(2)(d) and thereby allowing a person to serve longer than two consecutive terms on any city commission or board. H. RUNWAY RE-STRIPING: A resolution approving the contract with Time Striping, Inc. in the amount of $44,631 .00 for the re-striping of the runway and taxiways and approval of a $2,500 contingency. 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. GL DANIFT 6 _ SCHAPER DANIFT PETIT ISX WILI TAMS MAYOR 14ANNA SCHAPER DANIFT REM IS WILT IAMS MAYOR HANNA cid 7- o -v . GO✓Ov V SCHAPER PF= IS WILLIAMS vol� MAYOR 14ANNA 1.a SCRAPER WIT I I AMS MAYOR 14ANNA Cv - ► - o . SCRAPER DANIEL MAYOR HATINA v-� . y a qCRAPFR PFM IS WILT TAMS MAYOR HANNA NCHAPFR DANIET Vf VAT I TAMS MAYOR 14ANNA SCRAPER ✓ ✓ ✓ T ✓ � � PETIT IS WIT I TAMS MAYOR HANNA 7-b� LP 0 oPF-s/ ✓ qCRAPFR '� TV,ft pl�rn' is MAYOR 14ANNA SCHAPER DANIET PFTTT IS MAYOR 14ANNA SCHAPER DANIET Tlkr Ooe�. U 7 s X FINAL AGENDA CITY COUNCIL NOVEMBER 17, 1998 AGENDA SESSION: • BID 98-90, Wilson Park Castle renovations number this I.F. 1 - 12 • CIP PROGRAM- Street Committee changes number this II.A. • PROPERTY ACQUISITION- second waste water treatment facility number this IILC. 1 -55 • LEGAL DESCRIPTION CORRECTION- Vacation 94-2 number this III.D. 1 - 16 • UDO REVISIONS number this III.E and F. • TERM LIMITATIONS- revising rules of order number this III.G. 1 • RUNWAY RE-STRIPING number this III.H. 1 -42 ATTACHED HERE • MINUTES- November 3, 1998 number this I.A. 1 -8 • CIP PROGRAM-revised number this II.A. NOVEMBER 3, 1998 A MEETING OF THE FAYETTEVH,LE CITY COUNCH , A meeting of the Fayetteville City Council was held on November 3, 1998, at 6: 30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas PRESENT: Alderman Williams, Alderman Daniel, Alderman Young, Alderman Trumbo, Alderman Pettus, City Attorney Jerry Rose, City Clerk/Treasurer Heather Woodruff, Staff, Press, Audience ABSENT: Mayor Fred Hanna, Alderman Schaper, Alderman Miller In Mayor Hanna's absence, Alderman Kit Williams presided as vice-mayor. CONSENT AGENDA: MINUTES : Approval of minutes from October 20, 1998, meeting. HOME GRANT: A resolution approving a contract with Arkansas Development Finance Authority for 1998 Home Grant funds in the amount of $60, 111 . The grant will be used for housing rehabilitation and will be administered by the Community Development Division. RESOLUTION 140-98 AS RECORDED IN THE CITY CLERK 'S OFFICE BID 98-70: A resolution approving the bid award to River City Hydraulics in the amount of $34,778 for the purchase of ten roll-off containers and future unit prices for use in the materials handling process at the recycling center. RESOLUTION 141-98 AS RECORDED IN THE CITY CLERK 'S OFFICE BID 98-64: A resolution approving the award of Bid 98-64 to Ameri-Kan for solid waste containers used in our container lease and purchase program. RESOLUTION 142-98 AS RECORDED IN THE CITY CLERK 'S OFFICE HOME BUYER PROGRAM: A resolution approving an Offer and Acceptance Contract for the sale of a home as part of the Community Development Home Buyer Program. RESOLUTION 143-98 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 Pettus. Upon roll call, the motion carried with a vote of 5-0-0. NOVEMBER 3, 1998 OLD BUSINESS: CAPITAL IMPROVEMENT PROGRAM: Alderman Williams introduced a resolution approving the 1999-2003 Capital Improvement Program. Alderman Williams noted that the only point of contention seemed to be the proposed connection between Prospect and Cleveland Streets across the railroad tracks. He summarized the history of the street development plan and explained how and why this particular project was planned. Its purpose was to divert traffic away from Wilson Street and the City Park by giving an easier, safer route to the university. The project has been in various stages of development since 1995 and it was assumed that citizens had ample opportunity to respond and voice concerns. Because many citizens in the affected neighborhoods have now come forth to disagree with the proposed city road project, he believed that the Prospect/Cleveland Street connection and potential Gregg Street improvements should be cancelled and placed into the unfunded list of capital improvement projects. He further suggested that a vote on the CII' be postponed until the next Council meeting so the Prospect/Cleveland Street connection can be cancelled by the Street Committee and replaced with more worthy projects. Alderman Williams opened this topic (and any other issue on the CIP) to other alderman for comments. Alderman Trumbo stated it is unfortunate the plan met with so much controversy and that people felt the issue was not adequately discussed publicly. He suggested that the notification process be redefined in order to get more input from neighborhoods, incorporate the University of Arkansas with their plans and their traffic studies, and make everyone feel a part of the process. Upon inquiry, Mr. Charles Venable responded that, even though he felt it is a worthwhile project, he did not have a problem with taking this plan off the CIP list as there are plenty of other places to spend the money. Alderman Daniel stated that the issue should be brought before the Street Committee again for a second look, but she felt it was premature to simply dismiss it. Alderman Young commented on the difference between someone being in charge of the traffic division and a traffic engineer. He felt that the citizens were referring to someone who deals with the flow of traffic in the future, not one who deals with retrofitting what is here right now. In conjunction with that, if this project is taken out of CIP, he strongly suggested that this be coupled with a comprehensive study of the area - the university, all the residents, and particularly the Dickson Street to North connection and where that is going to go. All the traffic patterns in the area should be studied. As previously mentioned, traffic is a very big problem, but preserving neighborhoods is also a very big problem. It is not only important to the residents, but to all of 2 NOVEMBER 3, 1998 Fayetteville. Alderman Trumbo stated it might be an opportune time to discuss the possibilities of funding a full-blown traffic study. Some problems we have to face are the infrastructure and the traffic concerns, so this might be the time to weigh the options of a traffic engineer and/or a full blown comprehensive study to be funded to look at the traffic patterns for the next 20 years. Alderman Pettus felt that all suggestions should be considered, but cautioned that everyone should be logical and reasonable. She expressed a lot of confidence in Mr. Venable and stated that he should be listened to as well. Alderman Williams asked for a show of hands of Wilson Park area residents who support removing the Cleveland to Prospect project from the current funded CIP. He then invited those who wished to make brief statements to do so. Bob Brandon came forward to introduce the Wilson Park Neighorhood Association. He stated that the Association is asking for three things: ( 1 ) postpone the connection between Prospect and Cleveland until such time as a comprehensive study of the problem of getting traffic from the university and Dickson Street to North Street can be completed, (2) change the designation of Prospect Street back to a local street, and (3) commit some City resources to help the neighborhood take the lead in developing a comprehensive plan for a connector between Dickson, the university, and North Street. He then introduced Steve Frankenburger who is spokesperson for the neighborhood organization, and stated that a few other members wished to speak briefly. Steve Frankenberger announced that the Neighborhood Association is very new, having just been formed for the first time. He stated that the Association wants to see a full-fledged plan because, whether the Cleveland-Prospect project helps or hurts their neighborhood depends upon how the rest of the plan fits in. If it involves a north side corridor, uses Gregg Street from North to Prospect, it will be bad for everyone. The Association does not have a plan, but would like to sit down with the City and make one. Judith Levine complimented both Mr. Venable and Mr. Rutherford for the work they have done. She emphasized the Park District safety issue, commenting that there are no sidewalks in some Park areas, and no crosswalks for school children. She discussed the hazards resulting from the university traffic traveling from Gregg to Wilson to Maple Streets and noted that this dangerous situation exists because there is a lack of access to university and the downtown area from the northern parts of the city. She sees the real problem as the lack of a north-south corridor and suggested that the City and tthe University pool resources to fund a comprehensive, long-range traffic analysis and plan to preserve the neighborhoods. She requested three things of the City Council: ( 1 ) do not connect Prospect and Cleveland, (2) amend the master plan to reflect the non- collector status of these two streets, and (3) develop a unified plan for a north-south connection to the university and downtown. 3 NOVEMBER 3, 1998 Alderman Trumbo addressed the concern that people felt they had not been notified properly. He wondered what other notification processes might be more satisfactory. Several suggestions were made, among them, posting signs before significant meetings, and sending letters to people who lived in close proximity to proposed capital improvements. Mr. Frankenberger stated that it would be a good issue for the Park Association to take up - and perhaps invite City Council to speak to the group, providing a good source of communication both upwards and downwards. He stated that, to some extent, it was the Association' s responsibility to provide the avenue for that notifiction. Alderman Williams mentioned that, every five years, the street commission makes major revisions to the Master Street Plan and there is opportunity for public comment. Mr. Venable commented that the north-south issue is a very tough one, will take a lot of study, and there may never be a totally satisfactory solution. Janice Ryan stated that she is relatively new in the District and has not been around to be aware of the various notifications. She was also interested in what will happen to Gregg Street. She further stated that she measured the distance between North and Maple ( 5 mile), the next major east-west street being Township - another 1 .3 miles - and felt that the need for major east-west streets seems to be north, not south, of North Street. Don't need faster traffic in the area. Don't make the park a worse place. Kent Walker commented that he has lived in the Park area since he was a child. He felt the area would be much more dangerous for walkers and joggers if Cleveland and Prospect are connected as the traffic would move much faster. Mrs. John York opposed anything which would increase Wilson Street traffic. Alice Matthews entered a plea to preserve the "specialness" of the Park area from generation to generation. It has been a safe place and she hopes it will remain so. Candy Clark, in unison with her neighbors, said she is committed to work with the City, thanked the Council for their consideration in removing the Prospect-Cleveland connection from the current street improvement plan, and expects a plan to be found with which they all can live and be proud of. Charles Axtell suggested putting up signs for public input BEFORE money is spent on an engineering plan, rather than after, as this may be too late in the process. Would like to participate from the beginning. Alderman Trumbo asked Mr. Venable about the logistical chronology of events, from an 4 NOVEMBER 3, 1998 engineering and planning standpoint, in concept development. He assumed some kind of engineering is necessary before a plan can be presented. Mr. Venable explained the usual procedure which is doing preliminary work, holding meetings to present information, then programming the project before construction begins. He told the group that a certain amount of engineering has to be done before you can go to the public. . Alderman Williams noted that information is presently communicated to citizens through a number of avenues, but apparently others need to be found. He said perhaps notification signs could be erected in affected areas when projects are scheduled to be discussed in specific meetings. If people have concerns, they can express them then. Alderman Pettus suggested publishing agendas for Street Committee meetings. Could also publish a list of the projects. For future councils, this is something that might should be suggested. Alderman Williams commented that nothing motivates a community as much as streets. He admitted that he, too, is a little bit biased when it comes to City Park (Wilson Park), as he played there as a child. He said again, that this project was designed to try to help, not hurt, City Park. It still might need to be done sometime in the future, but now does not seem to be the time. Craig Morris suggested sending out notices with the water bill. He, as many other people, normally does not catch the televised news, and often is not able to come to some of the "pre- meetings" that take place, and if you don't read the local newspaper regularly, you miss those notifications. It' s a difficult process, but if an effort could be made for a mailing process, or posting process (signs), it would help a lot. Alderman Pettus stated that signs would likely be the solution - water bills wouldn't help too much because street committee meetings come up more quickly than people would get the water bills. Mr. Morris agreed and stated that the signs would get the users, not just the neighborhood itself. Tim de Noble (509 Forest) stated that any study on traffic needs to include a study of how pedestrians get around. This is another reason the university should contribute . Anything we do should be cone to promote pedestrian travel within the center of the city. Any actions considered outside the center of the city should consider how they might impinge upon that pedestrian traffic within the city. Alderman Trumbo commented that the City certainly agrees and stated they had quintupled the amount of money for sidewalks, and were working on a master plan for sidewalks throughout the city. A problem is that, at one time there was no sidewalk ordinance, so sidewalks were not built and now we are paying the price. Right now the priorities are to repair sidewalks on continuous 5 NOVEMBER 3, 1998 properties with the schools. Kendall Curlee felt it important to preserve green space, and where possible, provide hike and bike trails. In that interest, running a north-south connector near railroad tracks would be useful. Moving on to another issue, Jeff Erf (2711 Woodcliff Road) noticed on the CIP that Drake Field has about one and one-half million dollars of capital improvements scheduled. He wondered about the source of funding for that Alderman Williams replied that it is money the airport itself generates. It' s not general revenue from the city. Mr. Erf continued that another project - not part of the CIP but one that would affect Fayetteville residents - was the toll road from the by-pass to the new regional airport. He wondered if the City Council has a position on that road. Alderman Williams stated that it is outside the city' s jurisdiction and the Council takes no position on that. Alderman Williams asked for other comments concerning capital improvement projects. Rick Kinner stated that he just moved here from Austin two weeks ago and is looking at a house which backs up to Cleveland and he was concerned that Cleveland might be widened at that point. He was assured that there are no plans to widen Cleveland. In fact the only plan for Cleveland on that end of town is to continue sidewalks. Alderman Williams stated they would leave the CIP at that point. The issues would be taken up again the following evening at the street commission meeting. NEW BUSINESS: HOUSING CODE: Alderman Williams introduced an ordinance repealing Chapter 155 : Minimum Housing Code, Code of Fayetteville; and adopting the Standard Housing Code, 1997 Edition. City Attorney Rose read the ordinance. Alderman Williams announced there were not enough people to move this along. Mr. Venable stated that a memorandum dated 10/29/98 would give an idea of what the differences are. 6 NOVEMBER 3, 1998 Alderman Pettus suggested that it be left on second reading. Alderman Williams asked for public discussion. There was none. NOTIFICATION REQUIREMENT FOR BLASTING: Alderman Williams introduced an ordinance amending Chapter 157, Notification and Public Hearings, of the Code of Fayetteville, to add Section 157.08, Fire Prevention Code, Requiring notification to residential property owners within 200 yeards of a blasting site. City Attorney Jerry Rose read the ordinance. Alderman Pettus stated that she proposed this ordinance. She recently received a call from a constituent who told her some blasting was frightening quite a few people in the neighborhood - thought it might have been a gas pipe explosion. The person was concerned that the neighborhood knew nothing of the blasting that was scheduled. This ordinance is designed to provide notification to residents of a neighborhood if any significant blasting is going to go on within 200 yards. She presented this for the Council' s consideration. Alderman Daniel asked if there is a time period for notification. Alderman Pettus replied that one has not been established. Alderman Young stated that it is not mentioned in the ordinance, but it is geared to the time that a person applies. Anytime after your application you may notify. It has to be, of course, prior to the blasting itself. Alderman Daniel wondered if there is a certain period of time within which a permit must be secured before the blast occurs. Alderman Young thought, techically, it had to be obtained a day before. Alderman Pettus thought that notification needed to be as close to blasting time as possible so people wont forget. Mr. Venable felt that 24 hours was an appropriate notification interval. Alderman Daniel wondered if 24 hours gave blasters sufficient time to notify. Alderman Young responded, if they can't notify, they can't blast. Alderman Williams asked for public comment on blasting. There was none. This issue was left on first reading. 7 NOVEMBER 3, 1998 MOTION TO AUTHORIZE MAYOR TO REIMBURSE WATER DAMAGES: Alderman Daniel related an emergency which had recently been directed to her attention. Following heavy rains, there was a sewer back-up which precipitated severe damage to a resident' s new carpeting. The resident' s insurance company felt the City was responsible and declined to cover damages. Alderman Daniel wondered if the City could reimburse the citizen for full damages. David Jurgens (Water & Sewer Superintendent) stated that the existing policy is that the City waits for action by the homeowner' s insurance company and will supplement that by no more than $2500. In this particular case, reimbursement of $2500 is far from adequate. The carpeting was new, very costly, uncleanable, and the homeowner was clearly not at fault. Mr. Jurgens told the Council that he had personally visited the home, examined the carpet, and had contacted her insurance company. During investigation of the case, he found that there was a blockage in the sewer main, due primarily to grease, and he felt it was reasonable for the City to reimburse. Alderman Williams made a motion to authorize the Mayor to use his discretion to reimburse this citizen for full damages (approximately $9000) out of his special fund. The motion was seconded by Alderman Pettus. Upon roll call, the motion carried with a vote of 5-0-0. MOTION FOR EARLY INSTATEMENT OF ALDERMAN IN WARD 2 Alderman Young remarked that Ward 2 is underrepresented. He requested that a special meeting of the Council be held to allow early instatement of the newly elected alderman from that ward. Alderman Williams asked City Attorney Rose if any special notification was needed. Mr. Rose responded that the City Clerk can take care of that. The meeting adjourned at 7 :48 p.m. 8 City of Fayetteville, Arkansas 1999 - 2003 Capital Improvements Program Street Committee Changes - ATTACHMENT "A" Project 1999 2000 2001 2002 2003 Total Request Sales Tax Capital Improvements Fund On"in Steele Property - Street Improvements 600,000 600,000 Cleveland Street - Garland to Frisco 810,000 810,000 Research & High Technology Park - Grant Match 200,000 200,000 400,000 11410,000 200,000 200,000 1 ,810,000 tre Committee-Changes: Steele Property - Street Improvements 300,000 300,000 600,000 Poplar Street Improvements 250,000 250,000 Sixth Street Improvements 560,000 560,000 Research & High Technology Park - Grant Match 300,000 200,000 200,000 700,000 1 ,410,000 200,000 200,000 300,000 2,110,000 j%icansas. THE NATURAL STATE DEPARTMENT OF PARKS 6 TOURISM November 16, 1998 One Capitol Mall Little Rock, AR 72201 Phone:5D1-682-7777 The Honorable Fred Hanna FAX:501-682-1364 Mayor of Fayetteville History Commission 501-682-6900N/m 113 West Mountain Personnel Section Fayetteville, AR 72701 501-682-7742(V/TT) State Parks Division 501-682-1191 (VITT) RE: Project #A-10244-98-WA Tourism Division 501-682-7777N� yg Walker Park Playground Renovation Internet www.orkonsas.com Dear Mayor Hanna: MlkeHuckabee On October 23, 1998, Ms. Edmonston submitted copies of the bids the City of Fayetteville GOVERNOR received for the Walker Park Playground Renovation . In the accompanying letter, she stated Richard W. Davies that the City is choosing to accept the bid from Westlin Concrete. The bids from TNT EXECUTIVE DIRECTOR Construction and Midland Construction were rejected . Reasons were also provided for rejecting STATE PARKS, the two lower bids. RECREATION A TRAVEL COMMISSION State purchasing requirements allow a community to reject those bids that do not meet the Jane Christenson requirements can accept specifications.ecifications. The community t the lowest bid that meets the re CHAIRMAN P community P q Polly Crews and criteria set forth in the Invitation for Bids. VICE-CHAIRMAN Bill Barnes DonDempsey Please feel free to contact me at (501 ) 682-1227 if you have any further questions. Danny Ford Jim Gaston Sincerely, Debra Hook Loretta Lever Billy Lindsey Donna Hay Matteson Montine McNulty Ness Sechrest Stephen Lienhart J.D. 'Bud' Shomburger Project Officer/State Trails Coordinator Ovid Switzer Wade Williams cc: Connie Edmonston DIVISION DIRECTORS Larry Cargile ADMINISTRATION Greg Butts STATE PARKS Joe David Rice TOURISM Nancy Clark GREAT RIVER ROAD John L. Ferguson HISTORY COMMISSION ti L N 0 V 16 1998 AN EQUAL OPPORTUNITY/ CITY Or F;may`. _�.` LL` AFFIRMATIVE ACTION/AMERICANS WITH MAYOR'S OrFICE DISABILITIES ACT EMPLOYER AGENDA SESSION DISTRIBUTION CHECKLIST DATE: HANDOUTS: DISTRIBUTED TO : f� Stephen Miller Jerry Rose J� Kit Williams , Aleft Little Cyrus Young Steve Davis NWAT ✓/—Randa-ZurcfseY- // Trent Trumbo M . News ✓ Donna Pettus KIX _ Z Len Schaper Democrat-Gazette Heather Daniel Robyn/Lana Mayor Hanna Jane Nancy Hendricks ( Kevin Crosson Charlie Venable NOTES: RESOLUTION NO, A RESOLUTION REVISING THE RULES OF ORDER OF THE FAYETTEVILLE MAYOR/CITY COUNCIL BY REPEALING SECTION (H)(2)(d) AND THEREBY ALLOWINGAPE ON SERVE LONGER THAN TWO (2) CONSECUTIVE ANY CITY COMMISSION OR BOARD. WHEREAS, Section (H)(2)(d) of the Rules of OO der and ed o th ayettea,�`i'lle Mayor/City Council now reads as follows: H. CITIZEN COMMITTEES. 2. Selection of Members. d. Any person who e d two c secut, e terms on any City commission or o hal o e eligibi or re-appointment to the same commi i nor anti, o erm of office has expired, unless ther e an in c' in • of qualified applicants to fill all vac I s. WHEREAS, it is in the es nteres f the ci ' s of the City of Fayetteville to allow persons to serve longer than two cone ti to • n City commissions and boards. RE OO + B IT RE BY THE CITY COUNCIL OF THE CITY OF FA LE, S at Sect i . 1 r2 ) of the Rules of Order and Procedure of the Fayetteville Mayor/City • unci4 is hereb repeale�. SSED AND P O D this _ day of 1998. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk City of Fayetteville, Arkansas 1999 - 2003 Capital Improvements Program Street Committee Changes - ATTACHMENT "A" Project 1999 2000 2001 2002 2003 Total Request Sales Tax Ca itn al Improvements Fund Original Submission, Steele Property - Street Improvements 600,000 600,000 Cleveland Street - Garland to Frisco 810,000 Research & High Technology Park - Grant Match 200,000 200,000 400,000 1 ,410,000 200,000 200,000 1 ,000,000 Street Committee Changes: Steele Property - Street Improvements 300,000 300,000 600,000 Poplar Street Improvements 250,000 Sixth Street Improvements 560,000 Research & High Technology Park - Grant Match 300,000 200,000 - 200,000 700,000 1 ,410,000 200,000 200,000 300,000 1 ,300,000 r STAFF REVIEW FORM _X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November 17. 1998 FROM: t - )�geeerinQ Public Works ame brvision epartment ACTION REQUIRED: Approval of resolution authorizing the acquisition of 320.0 acres of land located between Washington County Roads #648 & #649, South of Highway 16 West and North of Highway 62, being the E'k of Section 14, Township 16 North, Range 31 West, for the possible location of a second waste water treatment facility. Properties to be acquired from James E. McClelland Jr. , et al, H. M. and Norma Lee Shipp, Broyles Farm Corp. and Calvin and Wanda Sue Hammond. Approval should include closing cost associated with the purchase of these lands. Budget adjustment approval required. COST TO CITY: $3 . 127.4 $ 0 - Wavcte Water Treatment Plant F.xn Cost of this Request Category/Project Budget Category/Project� Name F 5400-5100-5805 .00 $ - 0 - Account Number Funds Used To Date Program Name 0 - Water/Sewer Fund Project Number Remaining Balance Fund UD E VIEW: Y Budgeted Item X Budget Adjustment Attached BuVgOf iCoora nator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: TING Y: 2, Piv -0 ru k A counts get/ ate Auditor Date S-. i - / 0 - 9 � City Atto ey Date ADA oordmator Date 11 - 10 -98 Purchasing Officer ate STAFF RECOMMENDATION: Staff recommends acquisition of the total 320 acres so as to be able to annex the southern most portion of these properties for the possible use for as a second waste water treatment facility. It is possible that the northern 200 acres + could be used for a future golf course which could utilize effluent from the treatment plant and generate income from the land use. Time is of for these wiiUpg sellers due to various factors and outside pressures. Division Head ate Cross Reference New Item: Yes �(_ No _ Department Director ate Administrative Services Director Date Prev Ord/Res #: Mayor Date Orig Contract Date: Page 2 STAFF REVIEW FORM Description Resolution approving the purchase of 320 acres on the West side of Fayetteville for a waste water treatment facility. Meeting Date November I7. 1998 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAITTTEVI LLE THE CITY OF EAYEETEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: 11 - 10-98 TO : Fayetteville City Council THRU : Fred Hanna, Mayor Charles Venable, Public Works Director FROM : Ed Connell , Land AgentA RE : West Side Land Purchase On Thursday, October 29, 1998, the Water/Sewer Committee approved the City staff to enter into negotiations with willing property owners on the West side of Fayetteville for the possible location of a second waste water treatment facility , Offer and Acceptance contracts have been negotiated with four property owners, subject to approval by the Fayetteville City Council . Executed documents should be received from all parties during the week of November 9th, 1998 . Copies of these contracts are included for reference purposes . With your approval, please submit this request to the Fayetteville City Council for acquisition approval of these properties in accordance with the contracts . Attached , please find a diagram which depicts location of the properties under contract. In total, 316. 5 acres of unimproved land and a 3 . 5 acre parcel with a residence will be acquired . The contract(s) price for these acquisitions amount to $3, 127,000. Some slight additional cost ( > $ 15 ,000) will be involved to close all of these transactions . Appraised market value for these properties was $ 2, 736,000 . The contract(s) price represents about a 14% increase over appraised value . The City has the opportunity to acquire these properties from willing sellers at this time and it is important to the owners that these transactions take place in a minimum amount of time , Some of the owners have been the object of a group of people who oppose this project and these owners would like to get the sale of their property over with as quickly as possible . The following summarizes the appraised and negotiated values on these properties : TRACT # OWNERSHIP ACREAGE APPRAISAL ( $ ) SETTLEMENT ( $) 3 McClelland 100 , 0 900,000 1 ,040,000 4 Shipp 100,0 800,000 110000000 5 Broyles 116 . 5 932,000 967, 000 6 Hammond 3 . 5 104,000 120,000 TOTAL 320.0 2 , 736, 000 3 , 127,000 + 14. 3 % Funding is programmed into the 1999 budget for this land acquisition , Approximately v3 of the acquisition cost could be required before the end of 1998 as some owners are anxious to close as soon as possible . Attached , please find a required budget adjustment for these funds . CITY OF FAYETTEVILLE, ARKANSAS 1999 - 2003 CAPITAL IMPROVEMENTS PROGRAM PROJECT DETAIL { PROJECT TITLE: Wastewater Treatment Plant Expansion PROJECT COST REQUESTING DIVISION: Water/Sewer & Engineering 1999 $ 2,900,000 2000 FUNDING SOURCE: Water & Sewer Fund 2001 PROJECT CATEGORY: Water & Sewer Improvements 2002 2003 INITIAL YEAR PRIORITY: 4 PROJECT TYPE: REPLACEMENT EXPANSION Y TOTAL PROJECT COST $ 2,900,000 PROJECT DESCRIPTION & JUSTIFICATION : The purpose of this project Is to address the needs for future Wastewater Treatment Improvements which were outlined in a Wastewater Facility Plan completed in 1998. This Wastewater Facility Plan focuses on the Impacts of growth on the City of Fayetteville wastewater system. Utilizing the 85,090 population projected In the City's General Plan 2020, it establishes a vision of future wastewater facilities to accommodate increasing wastewater flows. This project has funding budgeted in the Water & Sewer Fund and a tentative bond Issue fund. The different methods of funding will be analyzed and will be determined In the future. There Is additional $66,800.000 requested In the Bond Fund. PROJECT STATUS (IF IN PROGRESS) : Currently, $2,000,000 is budgeted In 1998 to fund engineering for wastewater treatment plant Improvements and expansion. EFFECT OF THE PROJECT ON ANNUAL OPERATIONS : Additional operating expenses associated with the operation of an additional plant. n is y v u Y � •• Is t.1 N % YYY 178 .. N •ir Enr�I vr� na I /1�✓� /_'•_ '� : 1L`) I_ � v � 1 .01 •; �, „� i. �,'� r F•y • .1 ; \ '..� f 17 � '::. •\ I � lo �+Vl lE.� .i/ .. ., oto'. � I^^\ ....----JJJJ j 1', � ' � til ->� � •. �� ni G Ice E I a1300— `Yrjl I ` I '\ •' it :• ,: :'�. � �f�J°> � i l ei Wed to o i 'd v o I I 1 a o o • c : .. 1 . :� oi0� o I 'A c. • � � I I i. oc,r>wie r xrLLr I `• l ss n ocr I P a L"J -in e. .. I\ FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS November 3, 1998 James E , and Patricia F. McClelland Jr. , Raymond K. McClelland , Linda M . and Joseph S . Rogers % James E . McClelland Jr. 900 West Markham Road Little Rock, AR 72201 - 1999 RE : McClelland Property Pt . NE %4 - 14- 16-31 Land Acquisition , Tract No . 3 Revised Offer Dear Jim and Family Members : The City of Fayetteville has received a counter offer from James E . McClelland Jr. dated October 29, 1998 relative to the subject property . This counter offer was in response to the City 's original offer dated October 23 , 1998 . The following outlines the change requested in the above mentioned counter offer with reference to the original Offer and Acceptance Contract : 2 . Change purchase price to $ 10,400 per acre or $ 1 ,040, 000 for the 100 acre tract as per telephone conversation of 11 -03-98 . Please keep in mind that this offer is contingent upon Fayetteville City Council approval . 5 . Seller shall approve title insurance company/abstract company . The City is in agreement with this statement . FYI ; Bronson Abstract and Title Company has given us a quote of $ 2 . 225/$ 1 ,000 purchase for purchases in the range of $ 1 .0 MM . Accordingly, the cost of title insurance through Bronson would be $ 2, 314. 6. Seller will provide boundary survey of property by McClelland Consulting Engineers, Inc . The City concurs; survey will include boundary staking , adjoining roadways, all easements and rights of way. The City would like for McClelland Consulting Engineers to conduct boundary surveys on the other properties (3 parcels) in the area being purchased , however, such additional survey work can not be part of this contract and regulations require that this be done in accordance with normal engineering and survey service selection procedures . 8 . Closing date to be 75 days after approval ( Fayetteville City Council ) of offer. Propose that closing date be left flexible but should conclude on or before 75 days after approval . 10. Indemnification and Hold Harmless clause relating to City inspections : City is in agreement. 113 WEST MOUNTAIN 72701 501 -521 -7700 FAX 501 .575-8257 McClelland Property November 3, 1998 Revised Offer Letter Page 2 Add 18 . ( Added as 17) In the event this property is developed into a golf course, the name of the course will include the family name " McClelland " and approved by the McClelland Family . The City agrees, however, such is subject to council approval . Add 19 . (Added as 18) Mutual Cooperation Relating to Like- Kind Exchange : The City will enter into an appropriate agreement with an intermediary which will allow for the 1031 like-kind exchange by Seller of this property . [It should be understood , however, that the City shall not be liable for any cost or expenses incurred by the Seller in case this Offer and Acceptance Contract is not approved by the Fayetteville City Council . We hope to submit the entire package (4 parcels) for council approval by the 17th of November. ] Add 19 . City Council Approval Clause : Moved from 17 to 19 . Please find enclosed two originals of a proposed revised ( 11 -2-98) Offer and Acceptance Contract which sets forth the terms and conditions for implementation of this acquisition . This revision incorporates the points you requested , either directly or modified in accordance with the above discussion . As of this date, we are close to reaching final agreement between the parties for the purchase of all four parcels . We expect to have such final agreement by the end of this week . Once we receive signed contracts , we will submit for council approval at their next public meeting . We would like to encourage you to discuss this proposed contract with the other members of the McClelland family who will be party to this transaction and obtain their agreement and signatures as soon as possible . Signatures of spouses are also required . IRS requires that the City maintain a signed Vendor Form in our files even though a 1031 exchange is implemented through an intermediary . Please return the included form with the information that has been noted W . We would be pleased to meet with you at your convenience and discuss any and all aspects of this proposed contract . Please contact myself at 575-8330 or Ed Connell at 444- 3415 if you have questions or if we need to arrange for a meeting . Sincerely yours, Donald R . Bunn Assistant Public Works Director Enclosures cc : Charles Venable, Public Works Director Ed Connell , City Land Agent DRB/edc Praparauon Data: 11398 OFFER AND ACCEPTANCE CONTRACT 1 . The City of Fayetteville , Arkansas, a municipal corporation , hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein , the following described property : SEE ATTACHED EXHIBIT " A" FOR PROPERTY DESCRIPTION 2 . Purchase Price : Subject to the following conditions, the Buyer shall pay for the property at closing , the total and cash payment of One Million Forty Thousand Dollars ( $ 1 , 040, 000 . 00) . 3 . Contingent Earnest Money Deposit: The Buyer shall , within two weeks of receipt of this fully executed Contract, tender a check for $ 10, 000 . 00 to James E . McClelland Jr. and Patricia F. McClelland , husband and wife, Linda M . Rogers and Joseph S . Rogers , wife and husband , and Raymond K . McClelland , a single person , hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase price . This offer of purchase is contingent upon approval of the City Council of the City of Fayetteville , Arkansas , and , if they do not so approve, the earnest money deposit will be returned to the Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money shall be promptly refunded . to the Buyer. If the Buyer fails to fulfill his obligations under this contract or after all conditions have been met, the Buyer fails to close this transaction , the earnest money may, at the option of the Seller, become liquidated damages to the Seller . Alternatively, the Seller may assert legal or equitable rights which it may have because of breach of this contract. Seller, at Seller' s option , may instruct Buyer to retain such Earnest Money Deposit until closing or have said Earnest Money Deposit delivered to a Section 1031 Intermediary for exchange purposes . 4. Conveyance will be made to the Buyer by general Warranty Deed , except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property . Such conveyance shall include mineral rights owned by the Seller. 5 . The Seller shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer . Buyer and Seller shall equally share in the cost of such title insurance policy . 6 . Seller will provide a boundary survey of said property by McClelland Consulting Engineers, Inc . at Sellers cost. Seller agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description . Said title problems, if any, must be solved prior to closing to the satisfaction of the Buyer and title insurance provider.