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HomeMy WebLinkAbout1999-07-06 - Agendas - Final L FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL JULY 611999 A meeting of the Fayetteville City Council will be held on July 6, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. The following items will be discussed: Ve NOMINATING COMMITTEE REPORT: Nomination of David Bruce Hawkins to the Cable Board to fill the vacancy made by Dwain Cromwell. A. CONSENT AGENDA • ✓APPROVAL OF THE MINUTES: Approval of the minutes from the June 15 , 1999 City Council meeting. 1 . VARKANSAS AVENUE SIDEWALK: A resolution approving a construction contract with APAC-Arkansas, Inc., McClinton-Anchor Division for Arkansas Res Sy- _gcl Avenue Sidewalk Reconstruction in the amount of $54,654.35 ; a project contingency in the amount of $ 13,488. 15; materials testing funding in the amount of $2,000.00; and a budget adjustment to fully fund the project. 2. ✓LAND PURCHASE: A resolution authorizing the City to purchase 0.22 acres of land, including an improvement (old service station) from Jerry L. Sciacca for . �aS g 55 $46,565 .00 plus closing costs in association with the extension of Sixth Street from Wood Avenue to East Huntsville Road. 34 ,/EASEMENT ACQUISITION: A resolution approving the acquisition of an easement from Mr. Jerry Sweetser for the placement of a city sign on Hwy 45 . Further, approving the conveyance of a portion of right-of-way (old 24`h Street curve) to Mr. Sweetser as consideration for the above acquisition. 4, SANITARY SEWER REHABILITATION: A resolution approving an g7 —Q� engineering agreement with The RJN Group, Inc., in the amount of $498,879, and a 10% contingency of $49,888, for engineering design and construction inspection for Sanitary Sewer Rehabilitation, Illinois River Basins 6-9 and 16, and White River Minisystem 9. 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 City Council Final Agenda July 6, 1999 5. f`fELEPHONE UPGRADE / Y2K COMPLIANCE: A resolution approving Bid Award 99-56 for the Telephone Upgrade / Y2K Compliance project to Midwestern Telephone, Inc. in the amount of $53 ,228 . 13 , plus a project contingency of $29,000.00 for a total project cost of $82,228 . 13 . 6. ✓STEELS BOULEVARD / VAN ASCHE: A resolution approving a proposed cost-share increase with NANCHAR, INC. and Marjorie S. Brooks (CMN) in the amount of $ 1 16,291 .00 for the earthwork, grading and subgrade •work on the C c sections of Steele Boulevard and Van Asche for which the City has previously agreed to cost-share. 7. W/STEELE BOULEVARD BRIDGE : A resolution approving a 50/50 cost share for the actual construction costs of the Steele Boulevard Bridge over Mud Creek with NANCHAR, INC . and Marjorie S. Brooks (CMN). The bids will be opened July 6, 1999 and the costs provided to the City Council at the July 6, 1999 meeting. B . OLD BUSINESS aD 1 . WASHINGTON SCHOOL GYM: Discussion of additional funding for a brick t ICA P� facade for the Washington School gymnasium. C. NEW BUSINESS 1 . RZ 98-22 : An ordinance for RZ 98-22 submitted by Richard Osborne on behalf of Littlefield Investment Company for property located at 1798 East Huntsville \0� f� Road. THIS ITEM WILL BE POSTPONED UNTIL THE JULY 20, 1999 CITY 0 COUNCIL MEETING AT THE REQUEST OF THE APPLICANT. Z. WATER/SEWER RELOCATION HWY 265 : An ordinance approving a bid waiver for a local company, Field Service Company, to provide immediate easement preparation and field negotiations assistance to city staff for water/sewer 4 «z 4 relocation on Hwy 265 ; upset cost limit of S23 , 100. 00 3 . POPLAR STREET IMPROVEMENTS - CONSTRUCTION : A resolution approving : A. A construction contract with Sweetser Construction in the amount of $ 845 , 815 . 50 for the Poplar Street project. ((�� B . A project contingency in the amount of $ 126,872 .33 ( 15%) for use as Vt needed for testing , quantity variations, utility relocations, changes. G I CI C' C. Approval for the Mayor to expend the full project contingency as the mayor deems necessary for the completion of the Poplar Street project . D . Budget adjustment for the project in the amount of 5160 , 142 .83 . I City Council Final Agenda July 6, 1999 • 4. POPLAR STREET IMPROVEMENTS - ENGINEERING : A resolution approving a contract amendment for engineering services with Milholland Company to add bidding and construction management for the Poplar Street nns Improvements in the amount of $71 ,601 .00. FAYETTEVILLE YOUTH CENTER FUNDING : A resolution approving a supplemental transfer to the Fayetteville Youth Center to provide funding for �2e facility repairs and a budget adjustment. 6-nn FOX HUNTER ROAD : A resolution approving the expenditure of $25 ,000.00 1� eS (0, toward the cost of paving a portion of Fox Hunter Road and a budget adjustment. 7. TREATMENT PLANT: Discussion of current status report on the wastewater treatment plant. 0 4evllllvliv.t,.X ✓ ✓ RFYNOlngDAVIR TRITMBO DANIFT q MAYOR HANNA 7. �Lo _ 9 - ATISTIN DAVIS TRIIMRn DANIET SANICA RUSSET I MAYOR 14ATNNA REYNnl ITS ✓ ✓ DANIET vor WE NOT 7-0 -0. N REYNOLDS nANIET MAYQRHANNA 7-p -a 0 DAVIS TRITMBQ nANTET MAYDR HANNA REYNOT DS ATISTIN DAVIS TRI IMBO DANIFT VM NCT MAYORHANNA 7-0 - 0 , REYNOT DS DAVIS DANIFT MAYOR HAI%TNA 7�0 -0 i MAYOR HANNA i FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA CITY COUNCIL MEETING JULY 611999 A meeting of the Fayetteville City Council will be held on July 6, 1999 at 6 :30 p.m, in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. The following items will be discussed : A. CONSENT AGENDA 1 . ARKANSAS AVENUE SIDEWALK: A resolution approving a contract and contract contingency funds for Arkansas Avenue Sidewalk Reconstruction and a budget adjustment to fully fund the project. The proposed contract, costs and budget adjustment will be furnished at the June 29, 1999 agenda session. 2. LAND PURCHASE: A resolution authorizing the City to purchase 0.22 acres of land, including an improvement (old service station) from Jerry L. Sciacca for $46, 565 .00 plus closing costs in association with the extension of Sixth Street from Wood Avenue to East Huntsville Road. 3. EASEMENT ACQUISITION: A resolution approving the acquisition of an easement from Mr. Jerry Sweetser for the placement of a city sign on Hwy 45 . Further, approving the conveyance of a portion of right-of-way (old 24' Street curve) to Mr. Sweetser as consideration for the above acquisition. 4. SANITARY SEWER REHABILITATION: A resolution approving an engineering agreement with The RJN Group, Inc., in the amount of $498,879, and a 10% contingency of $49, 888, for engineering design and construction inspection for Sanitary Sewer Rehabilitation, Illinois River Basins 6-9 and 16, and White River Minisystem 9. 5. TELEPHONE UPGRADE / Y2K COMPLIANCE : A resolution approving Bid Award 99-56 for the Telephone Upgrade / Y2K Compliance project to Midwestern Telephone, Inc. in the amount of $53 , 228. 13 , plus a project contingency of $29,000. 00 for a total project cost of $82,228 . 13 . 113 WEST MOUNTAIN 72701 501521 -7700 - FAX 501 575-8257 City Council Tentative Agenda July 6, 1999 B. OLD BUSINESS: 1 . WASHINGTON SCHOOL GYM: Discussion of additional funding for a brick facade for the Washington School gymnasium. 2. STEELE BOULEVARD / VAN ASCHE: A resolution approving a proposed cost-share increase with NANCHAR, INC. and Marjorie S . Brooks (CMN) in the amount of $ 116,291 . 00 for the earthwork, grading and subgrade work on the sections of Steele Boulevard and Van Asche for which the City has previously agreed to cost-share. 3. STEELE BOULEVARD BRIDGE: A resolution approving a 50/50 cost share for the actual construction costs of the Steele Boulevard Bridge over Mud Creek with NANCHAR, INC. and Marjorie S . Brooks (CMN). The bids will be opened July 6, 1999 and the costs provided to the City Council at the July 6, 1999 meeting. C. NEW BUSINESS 1. RZ 98-22: An ordinance for RZ 98-22 submitted by Richard Osborne on behalf of Littlefield Investment Company for property located at 1798 East Huntsville Road. The property is zoned C- 1 , Neighborhood Commercial, and contains approximately 0. 788 acres. The request is to rezone the property to C-2, Thoroughfare Commercial for the purpose of installing a used car lot. 2. WATER/SEWER RELOCATION HWY 265: An ordinance approving a bid waiver for a local company, Field Service Company, to provide immediate easement preparation and field negotiations assistance to city staff for water/sewer relocation on Hwy 265 ; upset cost limit of $23 , 100.00 3. POPLAR STREET IMPROVEMENTS - CONSTRUCTION: A resolution approving: A. A construction contract with Sweetser Construction in the amount of $845, 815 . 50 for the Poplar Street project. B . A project contingency in the amount of $ 126, 872. 33 ( 15%) for use as needed for testing, quantity variations, utility relocations, changes. C. Approval for the Mayor to expend the full project contingency as the mayor deems necessary for the completion of the Poplar Street project. D. Budget adjustment for the project in the amount of $ 160, 142. 83 . 4. POPLAR STREET IMPROVEMENTS - ENGINEERING: A resolution approving a contract amendment for engineering services with Milholland Company to add bidding and construction management for the Poplar Street Improvements in the amount of $71 , 601 .00. MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL JUNE 159 1999 A meeting of the Fayetteville City Council was held on June 15, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff; Staff; Press and Audience. ABSENT: Mayor Fred Hanna ITEMS ACTION TAKEN Approval of minutes Approved Greathouse Park Bridge Approved Res. 78-99 Yvonne Richardson Center Expansion Approved Res. 79-99 West Fork Water Approved Res. 80-99 Bid 99-54 Approved Res. 81 -99 Combs Land Purchase Approved Res. 82-99 Dickson St. Imprv. District Commissioners Approved Res. 83-99 Underground Utility Exemptions Passed Ord. 4169 VA 99-7 Passed Ord. 4170 Industrial Park West Removed from agenda Ozarks Electric Condemnation Passed Ord. 4171 Washington School Gym Tabled to next meeting MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL NNE 15, 1999 A meeting of the Fayetteville City Council was held on June 15, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff; Staff, Press and Audience. ABSENT: Mayor Fred Hanna. Alderman Trent Trumbo chaired the meeting. NOMINATING REPORT Alderman Daniel moved to appoint the following people to Fayetteville citizen committees: Cable Board: James Alford, James Bemis, Doug Wright. Construction Board of Adjustments: William Butch Green to full term; Thomas Campbell and Stan Johnson to alternate terms. Environmental Concerns: Yoshemiah Anderson, Marti Benedict, Karla Bradley and Miriam Kay Lonon to community positions; Bruce Manchon to environmental law position; Philip Maynard to science discipline position; and Chris Parton to local industry position. Historic District: S. Benton Bandy and Barbara Jarvis. Housing Authority : Patricia A. Watson. Juvenile Concerns: Colleen Felton, Regan Glenn, and Keri Kelso for teacher positions; Anderson Braswell and Mathanki Kalapathy for student positions; Rebecca Weaver for parent position; and Detective Robert Hass for juvenile officer position; and Eric Christian for juvenile court representative. Parks & Recreation Advisory Bd. : Tom Stockland for Fayetteville Youth Center Board of Directors position. Planning Commission: Donald Bunch. Tree & Landscape Committee: George Cowen for forestry position; Peter Loris for environmental position; Claudia Rutherford and Jim Wilson for community positions. Walton Art Center Council: Linda Gaddy and Marla Hunt. Walton Art Center Foundation: Mary Ella Earle. City Council Minutes June 15, 1999 Page 3 Alderman Young seconded the nominations. Upon roll call the motion carried unanimously. CONSENT AGENDA MINUTES Approval of the minutes from the June 1 , 1999 City Council meeting. GREATHOUSE PARK BRIDGE A resolution approving a construction contract with Tomlinson Asphalt to furnish and install a 10' x 75' prefab steel bridge providing the only access to Greathouse Park. Construction will also include excavation of the channel and concrete abutments. The contract amount is $ 102,313 with a project contingency of $ 10,000 totaling $ 112,313 and a budget adjustment. RESOLUTION 78-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. YVONNE RICHARDSON CENTER EXPANSION A resolution approving an offer and acceptance to acquire property located at 151 E. Mountain Street for future expansion of the Yvonne Richardson Community Center. RESOLUTION 79-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. WEST FORK WATER A resolution authorizing a contract for the wholesale water purchase contract with the City of West Fork. RESOLUTION 80-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK, BID 99-54 A resolution approving Bid 99-54 for a breathing air compressor and cascade air storage system for the fire department. RESOLUTION 81-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. LAND PURCHASE A resolution authorizing the City to purchase 1 .22 acres of unimproved land from Charles T. Combs for $34,500 plus closing costs in association with the extension of Sixth Street from Wood Avenue to East Huntsville Road. RESOLUTION 82-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. City Council Minutes June 15, 1999 Page 4 DICKSON STREET IMPROVEMENT DISTRICT COMMISSIONERS Alderman Trumbo stated that Dickson Street Improvement District had been removed from the Consent Agenda and would be discussed under Old Business. Alderman Davis moved to approve the consent agenda. Alderman Austin seconded the motion. Upon roll call the motion carried unanimously. OLD BUSINESS DICKSON STREET IMPROVEMENT DISTRICT COMMISSIONERS A resolution confirming the reappointment of two commissioners, Carl Collier and Greg House, to the Dickson Street Improvement District. Alderman Trumbo stated the topic tonight was only to reappoint the two commissioners. He requested people to refrain from referring to past discussions regarding the Improvement District. Aldermen Reynolds and Young stated they were property owners in the district and would be abstaining. Alderman Daniel stated even if they did not reappoint the members they would still be in office. Alderman Davis stated Mr. Collier had not been removed from the commission during the hearing and Mr. House had the greatest investment in the area. He did not see a need to discuss it further. Alderman Davis moved to reappoint the two commissioners without discussion from the public. Alderman Austin seconded the motion. Alderman Russell stated he had asked to remove the item from the Consent Agenda to hear any new issues from the public. Alderman Austin stated it was his understanding this was an attempt to correct a mistake in the filing of the commissioners' oaths. Alderman Daniel thought the reason to remove the item from the Consent Agenda was to give people a chance to comment. Alderman Trumbo suggested hearing comments from the public, but limiting the time to five minutes for each individual. City Council Minutes June 15, 1999 Page 5 Aldermen Austin and Davis agreed. Mr. Lamar Pettus stated the council could not reappoint someone to the commission unless there was an vacancy. He asked if there was a vacancy. Mr. Rose replied there was not a vacancy. They were trying to remedy an error with an abundance of caution. Mr. Pettus questioned how the city had received the nominations. He thought if it had been from the commission then they had violated the Freedom of Information Act. He presented copies of a case from 1937, which stated once someone had rejected the office then it was the job of the city council to appoint another person. He did not believe the city council could reappoint the commissioners and if they were going to reappoint, then they needed to go through the normal procedure. He thought he and Mr. Richard Shewmaker were entitled to fair treatment. He thought the city council had violated state law. He thought they might need to go to court. Alderman Trumbo stated he was under the impression that the two commissioners had gone through the nominating process, but they had not filed their oath of office required by law. This was merely a window dressing to reappoint them. Mr. Rose stated it was his view that this was the confirmation of a previously made appointment so they could correct the problem of their possibly not filing their oaths of office within the correct amount of time. He felt it was an honest attempt to correct a problem. Mr. Pettus stated they had complained about Mr. Collier. He suggested they should delay their decision until they could go to court and get a ruling on it. Mr. Rose replied he thought they needed to make a good faith attempt to correct a mistake, by filing an oath of office after the reappointment. He added there were other ways to accomplish this. If it was the wish to eliminate the two people and to go through the process again, it would be a two-step process. They would have to deny this request, then there would have to be a hearing on whether or not they had filed within the 10 day period. If they determined they had not, then there became a vacancy, then they could open it up for nominations. Mr. Russell stated this was the first time they had seen the statute. He questioned what "take the oath of office" meant and to file it with the City Clerk. He expressed concern about violating the statute by reappointing them. He questioned the city' s choices. He did not want to be in a lawsuit. Mr. Jack Butt replied there were not provisions for the commission to make nominees. He had spoken with the commissioners individually. He was trying to correct the problem of the filing City Council Minutes June 15, 1999 Page 6 of the oaths. Mr. Collier had been serving on the commission for over 11 years. They were trying in good faith to correct the problem. He stated there was no clear way to correct the problem. There were several ways to interpret the law. The law stated the oath had to be taken within 10 days, not filed within 10 days. There was not a clear mandate on how to handle these problems. The best shot was to renominate them and let them retake the oath and file it. This was a gray area of the law. He thought renomination should prevail over the technical fine points. He cited one supreme court case to illustrate his point. Alderman Daniel questioned how the original members were submitted to the council. Mr. Butt replied it had been his understanding that there had been a nominating process and every interested person had put their name in. Alderman Russell stated if they were going to declare that there was a vacancy or a reappointment, there may be advertising they had to do. He thought if they reappointed them the city would be sued. Alderman Trumbo thought this issue would be contested. Mr. Rose explained if they were to declare that there was a vacancy, the council would have had a hearing and one of the allegations had been that they had not filed their oaths of office on time. With Mr. Collier they had had due process and it had been determined there was not enough evidence to deny Mr. Collier a seat on the commission. With Mr. House there had not been any due process. In Mr. Collier's case the council had determined there was not a vacancy because they had not removed him four weeks ago at the hearing. Mr. House had not had any due process. What they were attempting to do was to reconfirm and reappoint them. He stated they were trying to do the right thing. He asked the council what they wanted to do, if they wanted to declare a vacancy or to reappoint them. Alderman Austin asked how long the statute of limitations was on a serious crime, noting Mr. Collier had served on the commission for eleven years. Mr. Pettus suggested the commission meet to talk about these issues. He asked the city to table the issue. He stated the commissioners needed to start having public meetings and talking to the people who paid the taxes. Mr. Shewmaker complained about the item being placed under Old Business and not New Business on the council agenda. He read the statute on oaths of office. He stated he had sent the video tapes of the hearing to several attorneys asking for their opinion. He questioned why the council had not received legal advice when they had asked for it. He reiterated he and Mr. Pettus had tried to talk with them to settle some of their problems. He thought there was a good chance City Council Minutes June 15, 1999 Page 7 there would be a lawsuit. Mr. Rose read the resolution. Alderman Russell expressed that there were already two vacancies if this law applied to the improvement district. Alderman Davis added they could look at the other law which would clearly clear Mr. Collier. Alderman Daniel stated they needed to be legal. She wanted the improvement district to work out their own problems. She wondered if they could sit and talk things out. Alderman Trumbo did not believe they would ever get along because of all the personal attacks. The city attorney' s advice had been to reappoint them. He felt the issue would go to court anyway. Aldlerman Russell asked Mr. Rose if they were to reappoint them to the commission if it would survive a court challenge. Mr. Rose replied he thought it was legally defensible. Upon roll call the motion carried by a vote of 4-1-2, Daniel voting nay, Reynolds and Young abstaining. RESOLUTION 83-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. UNDERGROUND UTILITY EXEMPTIONS An ordinance amending Section 166. 13 of the Code of Fayetteville allowing exemptions to the Underground Utility requirements. Mr. Rose read the ordinance for the first time. Alderman Austin moved to suspend the rules and move to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the second time. In response to questions, Alderman Austin explained during the ordinance review meetings, the utility companies had explained currently they were having to set poles off the site. They were wanting to be able to set poles on the site to go underground. City Council Minutes June 15, 1999 Page 8 Mr. Conklin, City Planner, explained the process of review and the changes made to the ordinance. Existing lines 12KV and above will be overhead. They will be allowed to remain above ground. There has been a problem in the past due to the cost in relocating them underground. The new KV lines will go underground. Mr. Venable, Public Works Director, stated all new developments had underground utilities. The problem they had run into was existing lines. Mr. Conklin stated the placement of the pole would be discussed during the approval process for the best location. Alderman Austin moved to suspend the rules and move to the third and final reading. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the third and final time. Alderman Trumbo called for the vote. Upon roll call the motion carried unanimously.. ORDINANCE 4169 AS RECORDED IN THE OFFICE OF THE CITY CLERK. NEW BUSINESS VA 99-7 An ordinance for vacation request VA 99-7 as submitted by Rob Sharp, Architect on behalf of MTM of El Dorado LLC for property located at 1586 Amber Drive. The property is zoned R-1 , Low Density Residential. The request is to vacate a portion of a 20' utility easement within Charleston Place subdivision. Mr. Rose read the ordinance for the first time. Alderman Davis moved to suspend the rules and move to the second reading. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the second time. Alderman Davis moved to suspend the rules and move to the third and final reading. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the third and final time. City Council Minutes June 15, 1999 Page 9 Alderman Trumbo called for the vote. Upon roll call the motion carried unanimously. ORDINANCE 4170 AS RECORDED IN THE OFFICE OF THE CITY CLERK. INDUSTRIAL PARK - WEST A resolution approving an offer and acceptance for property located in the Industrial Park, as negotiated by the Fayetteville Chamber of Commerce. Item was removed from the agenda by request of the Chamber of Commerce. OZARKS ELECTRIC CONDEMNATION An ordinance authorizing the City Attorney to seek possession of certain land owned by Ozarks Electric Cooperative Corporation located on Highway 16 West in the City of Fayetteville, Arkansas by the Power of Eminent Domain, in association with the required easements for the Highway 16 West Water and Sewer Relocations. Mr. Rose read the ordinance for the first time. Mr. Venable stated they had been working with Ozarks Electric. They did not have any objections to the condemnation, they were not agreeing on the price. Alderman Russell moved to suspend the rules and move to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the second time. Alderman Davis moved to suspend the rules and move to the third and final reading. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the third and final time. Alderman Trumbo called for the vote. Upon roll call the motion carried unanimously. ORDINANCE 4171 AS RECORDED IN THE OFFICE OF THE CITY CLERK. WASHINGTON SCHOOL GYM Discussion of additional funding for a brick facade for the Washington School gymnasium. City Council Minutes June 15, 1999 Page 10 Alderman Trumbo explained the issue at hand was the architectural integrity of the facility. He explained the city had been asked by Assistant Superintendent Roy Karr to help fund the additional cost of the brick to have the fit into the historical district. Mr. Venable stated the estimate was nearly $200,000. Alderman Young explained the project had not been out to bid, but they had hired a professional estimater to estimate the cost of the brick facade. Alderman Davis noted the gym would also be used by the Fayetteville Youth Center. Alderman Trumbo thought they should find the money to build the right so it would be there for a long time. Alderman Russell asked if the city had the money for funding this project. Mr. Steve Davis, Budget and Research Coordinator for the City of Fayetteville, stated currently the city had $225,000 budget for the Washington School Gym. There was a working balance of $86,000. The city was running tight on other projects. If they were to fund this they would have to review other projects which were funded and unfunded. The city did not have the $200,000 in unobligated funds. Alderman Davis suggested having the school fund half of the additional cost. He suggested waiting until the school board had met and agreed to fund half of this. Alderman Reynold stated he would like the gym to be compatible with the surrounding neighborhood and to split the cost with the school board. Alderman Young moved to table the item until the next meeting. Alderman Austin seconded the motion. Mr. Tim De Noble, an area resident, stressed the importance of having a building architecturally compatible with other buildings in the area. Ms. Judith Levine, an area resident, expressed her excitement in having a gymnasium. She noted the recent improvements to the existing building. She also stressed the importance of having a compatible gymnasium. Ms. Kendall Curry, an area resident, stressed the importance of the kids having a gym. She expressed concern about the gym not begin built because of the cost. City Council Minutes June 15, 1999 Page 11 Alderman Young withdrew his motion. Alderman Trumbo asked Mr. Greenwood, School Board representative, if he would ask the school board to see if they were willing to half the cost of the brick facade. The discussion would be continued at the next meeting in July. The meeting adjourned at 8: 10 p.m. FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS • TENTATIVE AGENDA CITY COUNCIL MEETING JULY 61 1999 A meeting of the Fayetteville City Council will be held on July 6, 1999 at 6 : 30 p. m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. The following items will be discussed : A . CONSENT AGENDA I . ARKANSAS AVENUE SIDEWALK: A resolution approving a contract and contract contingency funds for Arkansas Avenue Sidewalk Reconstruction and a budget adjustment to fully fund the project. The proposed contract, costs and budget adjustment will be furnished at the June 29, 1999 agenda session. • ?. LAND PURCI3ASE : A resolution authorizing the City to purchase 0. 22 acres of land , including an improvement (old service station) from Jerry L. Sciacca for 5461565 . 00 plus closing costs in association with the extension Of Sixth Street from Wood Avenue to East Huntsville Road . 3. EASENIENT ACQUISITION: A resolution approving the acquisition of an easement from iv[r. Jerry Sweetser for the placement of a city sign on Hwy 45 . Further, approving the conveyance of aportion ofright-of--way (old 24" Street curve) to \4r. Sweetser as consideration for the above acquisition. 4. SANITARY SEWER REHABILITATION : A resolution approving an engineering agreement with The RUN Group, Inc. , in the amount of $498 , 879, and a 10% contingency of S49, SSS , for engineering design and construction inspection fur Sanitary Sewer Rehabilitation, Illinois River Basins 6-9 and 16 , and White River IiMinisystem 9. 5 . TELEI' IIONI's UPGRADE / Y2K COMPLIANCE : A resolution approving Bic, Award 99- 56 for the Telephone Upgrade / Y2K Compliance project to Midwestern Telephone, Inc, in the amount ofS53122S. 13 , plus a project contingency ofS29,000. 00 for a total project cost ofSS2 , 228 . 13 . • 117 WEST MOUNTAIN 71701 501 521 .7700 FAX SOI 5758;57 City Council Tentative Agenda July 6, 1999 • 12. OLD BUSINESS : I . WASHINGTON SCHOOL GYNI : Discussion of additional funding for a brick facade for the Washington School gymnasium. 2. STEELE BOULEVARD / VAN ASCIIE : A resolution approving a proposed cost-share increase with NANCHAR, INC. and Marjorie S . Brooks (CMN) in the amount of 5l 16,291 . 00 for the earthwork, grading and subgrade work on the sections of Steele Boulevard and Van Asche for which the City has previously agreed to cost-share. 3. STEELE BOULEVARD BRIDGE : A resolution approving a 50/50 cost share for the actual construction costs of the Steele Boulevard Bridge over Mud Creek with NANCHAR, INC. and Marjorie S. Brooks (CNI`l). The bids will be opened July 6, 1999 and the costs provided to the City Council at the July 6, 1999 meeting. C. NEW BUSINESS 1 . RZ 95-22 : An ordinance for RZ 9S -22 submitted by Richard Osborne on behalf • of Littlefield Investment Company for property located at 1795 East Huntsville Road . The property is zoned C- 1 , Neighborhood Commercial, and contains approximately 0. 7SS acres. The request is to rezone the property to C-2, Thoroughfare Commercial for the purpose of installing a used car lot. 2. WATER/SEWER RELOCATION MVY 265: An ordinance approving a bid waiver for a local company, Field Service Company, to provide immediate easement preparation and field negotiations assistance to city staff for water/sewer relocation on Hwy 265 ; upset cost limit of 523 , 100. 00 3. POPLAR STREET IINIPROVENIENTS - CONSTRUCTION: A resolution approving : A. A construction contract with Sweetser Construction in the amount of 5845 , 815 . 50 for the Poplar Street project. I i B . Aproject contingency in the amount of 51261S72. 33 ( 15 %) for use as needed for testing, quantity variations, utility relocations, changes. C. Approval for the itilayor to expend the full project contingency as the mayor deems necessary for the completion of the Poplar Street project. D . Budget adjustment fur the project in the annount ofSI60, 142 . S3 . 4 . POPLAR SfRI? 1?T IAIPROVEpIENTS - LiNGINE ERING : A resolution • approving a contract amendment for engineering services with i� lilholland Conlp;nny to add bidding and construction management for the Poplar Street Improvements in the annount ofS711601 . 00. STAFF REVIEW FORb4 X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 06, 1999 FROM: Paul Libertini En ineering Public Works ame Ilivtston Denartment ACTION REQUIRED: Award the construction contract to APAC-Arkansas, Inc., McClinton-Anchor Division in the amount of $ 54,654.35 ; approve project contingency funding of $ 13 ,488. 15; approve materials testing of $ 2,000.00; and approve the attached budget adjustment. COST TO CITY: Arkansas Avenue S 702.50 70000 Sidewalk Reconstruction of s<o<, 14t is Request ategory Project Budget Category/Project Name 4470-9470-5814.0070,000 Sidewalk Im rovements Account Num er FunTUsee To atm a Program Name 99060- 1 a -0- Sales Tax Project Number Remammg Ba anca un BU &a1V _ Budgeted Item X Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GIZANTING AG I U�1�26.cEr z > i, yr6U 6 � 9 l / 6 -z 1 V/ Accounting .{ManageratS e nt mal Au itorate - 2-4 � 9 Cityl Attom ya[l�— A A oor orator Date Q \J 6. 6 - a _901 Purchasing r5ate STAFF RECOMMENDATION: Approval of action items listed above. &46/ho rLmL Z9 '91 on ea6La[b e Cross Reference New Item: Yes x No _ epartmeh Di or ate (I �I ( bl Prev Ord/Res t!: r t nunistrat - bervtce, vector a e /r L Orig Contract Date: i9ayo ate FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council Thru: Mayor Fred Hanna Charles Venable, Public Works Director Don Bunn, Assistant Public Works Director Jim Beavers, City EngineerL From: Paul Libertine, Staff Engineeo�e Date: June 29, 1999 Re: Agenda Request, Council Meeting of July 06, 1999 Arkansas Avenue Sidewalk Reconstruction Contract 1 . Staff Recommendation: Staff recommends that the City Council award the construction contract to APAC-Arkansas, Inc., McClinton-Anchor Division; approve project contingency funding; and approve the attached budget adjustment to fully fund the project. 2. Proiect Background: On April 20, 1999, the City Council approved Resolution No. 55-99 approving a cost-sharing agreement with the University of Arkansas for the removal and replacement of the curbs and gutters on each side of the road on Arkansas Avenue between Dickson and Maple Streets. This agreement also included replacing approximately 3,309 square feet of sidewalk located on the east side of Arkansas Avenue. In keeping with the agreement, the Engineering Division has completed in-house design plans for the removal and replacement of the referenced sidewalk and has advertised the same for bids on June 6" & June 13`h. 3 . Estimated Project Costs: Bids were opened on Tuesday, June 22, 1999. The engineer has reviewed the bids and recommends awarding the contract to the low bidder, McClinton-Anchor Division in the amount of $ 54,654.35 . The estimated total project costs including contingency monies for unforeseen project expenditures are as follows: Construction Contract S 54,654.35 Project contingency S 13 ,488 . 15 Materials testing $ 2,000.00 Total $ 70, 142. 50 4. Budget Adiustment : A budget adjustment, in the amount of $70, 143 .00 is attached for review and approval . BID TABULATION Arkansas Avenue Sidewalk Reconstruction Fayetteville, Arkansas CONTRACTOR BID AMOUNT McClinton-Anchor Division $ 59,254.35 Sweetser Construction $ 73,377.45 McClinton-Anchor's low bid of $ 59,254.35 was within 5% of the Engineer' s estimate. City or Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Public Works Date Requested Adjustment # 1999 Division: Engineering June 25 , 1999 Program: Sales Tax Capital Project or Item Requested: Project or Item Deleted: $70 , 143 in the Arkansas Avenue $70 , 143 from the Sidewalk Improvements Capital Project . Improvements Capital Project . Justification of this Increase: Justification of this Decrease: The additional funding is to cover a Sufficient funding remains in construction contract to provide sidewalks capital project to meet 1999 and testing work . objectives . Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Sidewalk Improvements 70 , 143 4470 9470 5814 00 99060 1 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Sidewalk Improvements 70 , 143 4470 9470 5814 00 96041 1 Approval Signatures Budget Office Use Only Requested By Date Type: A B C O E s14L2zsy5 e[ ager Date Date of Approval epa tent I ct Date Posted to General Ledger \drain. Sc vices Dir b 'tor Date Posted to Project Accounting Mayor Date Entered in Category Log Blue Cupy: Budget & Research / Yellow Copv: Requester C.�DATAV'ORAIAM-ADN 1)034 LWKJ AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the _ day of in the year 1999 by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and APAC-Arkansas, Inc., McClinton-Anchor Division (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 . WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project - Arkansas Avenue Sidewalk Reconstruction : removal & disposal of existing sidewalks, driveways, steps, walks, and curb & gutter; and construction of sidewalks, driveways, curbs, access ramps, modular retaining wall , and all items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Dept. 113 W. Mountain Fayetteville, Arkansas 72701 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. City of Fayetteville Page 00500- 1 Article 3. CONTRACT TIME. 3 . 1 The Work shall be completed within 30 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and ready for final payment in accordance with paragraph 14. 13 of the General Conditions. 3 .2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of the Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 . 1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred dollars 200.00 for each day that expires after the time specified in paragraph 3 . 1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3 . 1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNERTwo hundred dollars 200.00 for each day that expires after the time specified in paragraph 3 . 1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4. 1 and 4.2 below: 4. 1 for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. City of Fayetteville Page 00500-2 PAYMENT ITEMS Item Estimated No. Item Description Unit Quantity Unit Price Extended Price I Mobilization, storage, traffic and pedestrian control, site preparation, LS 1 $ 15,800.00 $ 15,800.00 erosion control, tree protection, protection and relocation/replacement of all landscaping including landscaping border materials, relocation and protection of existing brass letters as identified on the plans, and all incidentals not specified elsewhere. 2 Tree protection fencing. LF 100 $8.00 $800.00 3 Remove and disposal of existing sidewalk. SF 5,372 $0.60 $3,223 .20 4 Remove and disposal of existing driveway, driveway approach and SF 19540 $0.60 $924.00 driveway curb. 5 Remove and disposal of existing street curb and gutter as determined LF 32 $9.00 $288.00 in the field by the engineer. 6 Remove and disposal of existing concrete steps, concrete walk and/or SF 300 $0.60 $ 180.00 concrete curb as necessary to construct new concrete access ramps. 7 Unclassified excavation. CY 50 $25.00 $ 1 ,250.00 8 Special hand removal of existing sidewalk, existing base and existing SF 500 $5.00 $2,500.00 subgrade at areas identified for special tree root protection on the plans and/or identified in the field by the engineer. 9 Select "hillside" backfill. CY 10 $22.00 $220.00 10 Class 7 aggregate base course (ABC). Ton 80 $25.00 $2,000.00 11 Construct new 4 inch thickness concrete sidewalk complete in place SF 51534 $2.35 $ 13,004.90 including compaction of existing subgrade. 12 Construct new 4 inch thickness concrete sidewalk complete in place SF 140 $2.50 $350.00 including compaction of existing subgrade as needed to repair, replace and/or match existing concrete walks, ramps... as directed in the field by the engineer. 13 Construct new 6 inch thickness concrete sidewalk complete in place. SF 636 $3 .00 $ 1 ,908.00 14 Construct new 6 inch thickness concrete driveway approach SF 12105 $3.25 $3,591 .25 complete in place including compaction of existing subgrade and construction of new 6 inch tapered integral curbs. 15 Construct new 4 inch thickness concrete access ramp complete in SF 526 $3.00 $ 1 ,578.00 place including compaction of existing subgrade and construction of new 6 inch tapered integral curbs. 16 Special construction of new 6 inch thickness concrete sidewalk SF 500 $4.50 $2,250.00 complete in place including reinforcing steel, 6 mil vapor barrier, variable thickness (4 inch minimum) concrete rock aggregate and geotechnical fabric placed by hand over existing tree roots. 17 Construct new 12 inch depth modular retaining wall of variable SF SA 60 $20.00 $ 1 ,200.00 height from 8 inch minimum to 24 inch maximum. 18 Imported topsoil. CY 32 $25.00 $800.00 19 Painted island per detail 3/S5 LS 1 $ 150.00 $ 150.00 20 Construct new concrete mountable curb per detail 3/S5 . LF 6 $25.00 $ 150.00 21 Construct new standard concrete curb and gutter. LF 20 $ 15.00 $300.00 22 Construct new standard modified concrete curb and gutter. LF 162 $ 13.50 $29187.00 Total Base Bid Amount $54,654.35 City of Fayetteville Page 00500-3 As provided in paragraph 11 .9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9. 10 of the General Conditions. Unit prices have been computed as provided in paragraph 11 .9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5 . 1 .Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during constriction as provided in paragraphs 5 . 1 . 1 ., 5 . 1 .2, 5 . 1 .3., and 5 . 1 .4 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5 . 1 . 1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14. 7 of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.7 of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5 . 1 .2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. City of Fayetteville Page 00500-4