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Home My WebLink About2001-03-06 - Agendas - Final FINAL AGENDA CITY COUNCIL MARCH 6, 2001 A meeting of the Fayetteville City Council will be held March 6, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 W. Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1. APPROVAL OF THE MINUTES: Approval of the minutes from the February 20, 2001 City Council minutes. 2. McDONALD' S COST SHARE: A resolution approving a change order with McDonald's Corporation in the amount of $ 108,500.00 for the widening of Joyce Boulevard and the associated drainage improvements. 3. POLICE GRANT: A resolution accepting the Universal Hiring Grant award in the amount of $450,000.00 and approval of a budget adjustment. B. OLD BUSINESS 1, VA 01-1 : An ordinance approving vacation request VA 01 - 1 , submitted by Steve Winkler for property located east of 607 Peach. The property is zoned R- 1 , Low Density Residential and contains approximately 0. 08 acres. The request is to vacate the street right-of-way (Haddon Avenue). The ordinance was left on the first reading at the February 20, 2001 meeting. 2. CIVIL SERVICE: An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief, and for other purposes. The ordinance was left on the first reading at the February 20, 2001 meeting. C. NEW BUSINESS 1, RZ 01-1.00: An ordinance approving rezoning request RZ 01 - 1 .00 as submitted by Ben Israel of Dixie Development for property located at 2091 E. Joyce Boulevard. The property is zoned A- 1 , Agricultural and contains approximately 4. 81 acres. The request is to rezone to R-O, Residential Office. 2. RZ 01-2.00: An ordinance approving rezoning request RZ 01 -2.00 as submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.E. Lindsey Family Limited Partnership for property located south of Chamberland Square and east of Betty Jo Drive to Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 18 .25 acres. The request is to rezone to R-2, Medium Density Residential. 3, SHILOH WEST APARTMENTS: An ordinance approving a waiver of Ordinance 3793 to accept land and money in lieu as the park land requirement of Shiloh West Apartments Subdivison. 4. RZ 01-3.00: An ordinance approving rezoning request RZ 01 -3 . 00 as submitted by Wes Burgess of Crafton, Tull and Associates on behalf of NOARK Girl Scout Council for property located at the northeast corner of Joyce Street and Park Oaks Drive. The property is zoned R-2, Medium Density Residential and contains approximately .48 acres. The request is to rezone to R-O, Residential Office. 5, GIS COMPUTER MAPPING: An ordinance repealing Ordinance 3865 which authorized the City Council to set prices for the sale of GIS Computer Mapping and repealing Resolution 10-95 which set such price. 6. RURAL FIRE CONTRACT: An ordinance amending Sec. 33 .046, Code of Fayetteville, to establish annual fees for Rural Fire Contracts for the two year period of June 1 , 2001 thru May 31 , 2003 . 7, RESEARCH AND TECHNOLOGY PARK: A resolution approving a refund of the purchase price of Lot 1 , Research and Technology Park, of approximately 2. 5 acres and reimbursement of other costs expended by original purchaser and cancel option issued to Cache Investments for adjoining property. 8. BEKKA PARKING SPACE REVENUE: Consideration of a claim by Bekka Development for lost parking space revenue in conjunction with the Town Center. If the claim is approved, approval of a budget adjustment to fund the approved claim is also requested. 0 0 9. BEKKA LEGAL EXPENSES: Consideration of a claim by Bekka Development for legal expenses in conjunction with the Town Center. A claim for parking rental revenue was approved at the June 20, 2000 meeting of the Fayetteville City Council. If the claim is approved, approval of a budget adjustment to fund the approved claim is also requested. 10, CREEK CLEANUP: A resolution in support of the April 28, 2001 Fayetteville Creek Cleanup along Scull Creek and other creeks in Fayetteville. Meeting of March 6, 2001 �LL . TRUMBO v DAVIS SANTOS ✓ JORDAN REYNOLDS THIEL •✓ YOUNG ZURCHER ✓ !� COODY TRUMBO ✓ DAVIS SANTOS owe, JORDAN REYNOLDS THIEL YOUNG ✓� .,1 ZURCHER 6 COODY - o -a Meeting of March 6, 2001 7/ TRUMBO ✓ DAVIS SANTOS ✓ JORDAN ✓ REYNOLDS 1/ THIEL ✓ YOUNG ✓ ZURCHER ✓ COODY Z .o TRUMBO ✓ �� !✓— DAVIS SANTOS ✓ JORDAN ✓ y_ REYNOLDS ✓ ✓ ✓ THIEL ✓ ✓ YOUNG ZURCHER COODY Meeting of March 6, 2001 Z —2 20, TRUMBO DAVIS SANTOS JORDAN REYNOLDS THIEL YOUNG ZURCHER S COODY TRUMBO DAVIS SANTOS JORDAN REYNOLDS THIEL YOUNG b ZURCHER COODY Meeting of March 6, 2001 00000 TRUMBO DAVIS SANTOS !✓ ✓ ✓ JORDAN ✓ t✓ REYNOLDS ✓ �✓ tom' THIEL ✓ ✓ YOUNG J ZURCHER -� COODY 'LIQ77 TRUMBO ✓ DAVIS SANTOS c/ ✓ JORDAN ✓ `— ✓ REYNOLDS THIEL ✓ r— f YOUNG ✓ ,/ ZURCHER •✓ ✓ COODY • • • Meeting of March 6, 2001 p TRUMBO DAVIS SANTOS JORDAN �/ ✓ �� REYNOLDS ✓ ✓ THIEL / ✓ YOUNG ✓ ✓ ZURCHER ✓ ,/ �/ COODY y TRUMBO �- DAVI SANTOS JORDAN REYNOLDS THIEL YOUNG v— ZURCHER ✓ COODY U d . Meeting of March 6, 2001 �Pvy � � 2 " TRUMBO L� DAVIS SANTOS JORDAN �— REYNOLDS THIEL YOUNG ZURCHER COODY TRUMBO �— DAVIS SANTOS �— JORDAN ✓— REYNOLDS THIEL YOUNG ✓ ZURCHER COODY 1 FAYETTEVIOLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MARCH 6, 2001 A meeti\f the Fayetteville City Council will be held March 6, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 W. Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES: Approval of the minutes from the February 20, 2001 City Council minutes. 2. McDONALD'S COST SHARE: A resolution approving a change order with McDonald's Corporation in the amount of $ 108,500.00 for the widening of Joyce Boulevard and the associated drainage improvements. 3. POLICE GRANT: A resolution accepting the Universal Hiring Grant award in the amount of $450,000.00 and approval of a budget adjustment. B. OLD BUSINESS 1 . VA 01-1: An ordinance approving vacation request VA 01 - 1 , submitted by Steve Winkler for property located eastf 607 Peach. The property is zoned R- 1 , Low Density Residential and contains approximately 0.08 acres. The request is to orevacate the street right-of-way (Haddon Avenue). The ordinance was left on the first reading at the February 20, 2001 meeting. 2. CIVIL SERVICE : An ordinance granting authority to the Fayetteville Civil !Service Commission to appoint and remove the Police Chief and Fire Chief; and f, J. for other purposes. The ordinance was left on the first reading at the February 20, IW�IU1a 2001 meeting. 113 WEST MOUNTAIN 72701 501 521 -7700 FAX 601 676-8267 r C. NEW BUSINESS 1. RZ 01-1 .00: An ordinance approving rezoning request RZ 01 - 1 .00 as submitted by Ben Israel of Dixie Development for property located at 2091 E. Joyce n417 Boulevard. The property is zoned A-1 , Agricultural and contains approximately I 4.81 acres. The request is to rezone to R-O, Residential Office. 2, RZ 01-2.00: An ordinance approving rezoning request RZ 01 -2.00 as submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.E. Lindsey Family Limited Partnership for property located south of Chamberland Square and east of y Betty Jo Drive to Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 18.25 acres. The request is to rezone to R-2, Medium Density Residential. 3. SHILOH WEST APARTMENTS : An ordinance approving a waiver of Ordinance 3793 to accept land and money in lieu as the park land requirement of hiloh West Apartments Subdivison. � ,{� Go1p�/ S-p�9 ,e . t) 4. RZ 01-3.00: An ordinance approving rezoning request RZ 01 -3 .00 as submitted by Wes Burgess of Crafton, Tull and Associates on behalf of NOARK Girl Scout Council for property located at the northeast comer of Joyce Street and Park Oaks Drive. The property is zoned R-2, Medium Density Residential and contains \J`�2 approximately .48 acres. The request is to rezone to R-O, Residential Office. 5 GIS COMPUTER MAPPING: An ordinance repealing Ordinance 3865 which authorized the City Council to set prices for the sale of GIS Computer Mapping and repealing Resolution 10-95 which set such price. 6. RURAL FIRE CONTRACT: An ordinance amending Sec. 33 .046, Code of r � � Iq Fayetteville, to establish annual fees for Rural Fire Contracts for the two year period of June 1 , 2001 thru May 31 , 2003 . 7. RESEARCH AND TECHNOLOGY PARK: A resolution approving a refund of the purchase price of Lot 1 , Research and Technology Park, of approximately 20. 2.5 acres and reimbursement of other costs expended by original purchaser and ' JJ cancel option issued to Cache Investments for adjoining property. 8. BEKKA PARKING SPACE REVENUE: Consideration of a claim by Bekka Development for lost parking space revenue in conjunction with the Town Center. If the claim is approved, approval of a budget adjustment to fund the approved claim is also requested. 9. BEKKA LEGAL EXPENSES : Consideration of a claim by Bekka Development for legal expenses in conjunction with the Town Center. A claim for parking rental revenue was approved at the June 20, 2000 meeting of the Fayetteville City Council. If the claim is approved, approval of a budget adjustment to fund the approved claim is also requested. 10. CREEK CLEANUP: A resolution in support of the April 28, 2001 Fayetteville 3� l Creek Cleanup along Scull Creek and other creeks in Fayetteville. FAYETTEVI , E THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MARCH 6, 2001 A meeting of the Fayetteville City Council will be held March 6, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 W. Mountain Street, Fayetteville, Arkansas. NOMINATING COMMITTEE REPORT n �'J A, CONSENT V 1. APPROVAL OF THE MINUTES : Approval of the minutes from the February /// 20, 2001 City Council minutes. 2. McDONALD'S COST SHARE: A resolution approving a change order with �Q- u\ McDonald's Corporation in the amount of $ 108,500.00 for the widening of Joyce vv Boulevard and the associated drainage improvements. 3. POLICE GRANT: A resolution accepting the Universal Hiring Grant award in of the amount of $450,000.00 and approval of a budget adjustment. B. OL BUSINESS 1. VA 01-1 : An ordinance approving vacation request VA 01 - 1 , submitted by Steve Winkler for property located east of 607 Peach. The property is zoned R- 1 , Low OV Density Residential and contains approximately 0.08 acres. The request is to F/ vacate the street right-of-way (Haddon Avenue). The ordinance was left on the first reading at the February 20, 2001 meeting. 2.✓✓ CIVIL SERVICE: An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief; and for other purposes. The ordinance was left on the first reading at the February 20, 1 2001 meeting. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 C. NEW BUSINESS 1 . V J 01-1 .00: An ordinance approving rezoning request RZ 01 - 1 .00 as submitted by Ben Israel of Dixie Development for property located at 2091 E. Joyce fl� Boulevard. The property is zoned A- 1 , Agricultural and contains approximately 2. � 4.81 acres. The request is to rezone to R-O, Residential Office. RZ 01-2.00: An ordinance approving rezoning request RZ 01 -2.00 as submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.E. Lindsey Family Limited Partnership for property located south of Chamberland Square and east of \ Betty Jo Drive to Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 18.25 acres. The request is to rezone to / R-2, Medium Density Residential. 3. 1/ SHILOH WEST APARTMENTS: An ordinance approving a waiver of yy \ Ordinance 3793 to accept land and money in lieu as the park land requirement of Shiloh West Apartments Subdivison. 4. /` Z 01-3.00: An ordinance approving rezoning request RZ 01 -3.00 as submitted by Wes Burgess of Crafton, Tull and Associates on behalf of NOARK Girl Scout Council for property located at the northeast corner of Joyce Street and Park Oaks ( Cj Drive. The property is zoned R-2, Medium Density Residential and contains pproximately .48 acres. The request is to rezone to R-O, Residential Office. 5, 1/ GIS COMPUTER MAPPING: An ordinance repealing Ordinance 3865 which authorized the City Council to set prices for the sale of GIS Computer Mapping \ +,, and repealing Resolution 10-95 which set such price. 6, URAL FIRE CONTRACT: An ordinance amending Sec. 33 .046, Code of Fayetteville, to establish annual fees for Rural Fire Contracts for the two year L period of June 1 , 2001 thru May 31 , 2003. 7, RESEARCH AND TECHNOLOGY PARK: A resolution approving a refund v� of the purchase price of Lot 1 , Research and Technology Park, of approximately \ 2 acres and reimbursement of other costs expended by original purchaser and �Q cancel option issued to Cache Investments for adjoining property. All 8. BEKKA PARKING SPACE REVENUE : Consideration of a claim by Bekka Development for lost parking space revenue in conjunction with the Town Center. 67 If the claim is approved, approval of a budget adjustment to fund the approved claim is also requested. �� 9. BEKKA LEGAL EXPENSES : Consideration of a claim by Bekka Development 1 , / for legal expenses in conjunction with the Town Center. A claim for parking VVV rental revenue was approved at the June 20, 2000 meeting of the Fayetteville City Council. If the claim is approved, approval of a budget adjustment to fund the 1 approved claim is also requested. 10. CREEK CLEANUP: A resolution in support of the April 28, 2001 Fayetteville Creek Cleanup along Scull Creek and other creeks in Fayetteville. 40001 FAYETTEVIPLE • THE CRY OF FAYETTMUX, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Coody and City Council THRU: Don Bunn, Assistant Public Works Director FROM: Connie Edmonsta.;Parks & Recreation Superintendent DATE: February 13, 2001 SUBJECT: Waiver of the Park Land Dedication Ordinance 3793 Shiloh West Apartments is a proposed subdivision located south of Highway 16 West on Shiloh Drive and west of Highway 540. It contains 228 multi-family units on 18.25 acres. The owner of the subdivision is Lindsey Properties and the engineer is Jorgenson and Associates. The requirement for park land is 4.56 acres and money in lieu is $85,500. This development was previously presented to the Parks and Recreation Advisory Board on December 1 , 1999 with the board recommending money in lieu of land. On December 21 , 1999, City Council approved the waiver of the park land dedication ordinance. Since this time, the original developer withdrew and Lindsey and Associates changed the scope of the project adding more acres to the north. Staff from Parks and Recreation, Planning, and Sidewalk and Trails toured the site and recommended land adjacent to the right of way of Shiloh Drive and along the southern portion of the property be required for a greenway area to build a trail. This calculates to a combination of .45 acres of land dedication in addition to money in lieu in the amount of $77,062.50 as the requirements of the Park Land Dedication Ordinance. The trail would be built along Shiloh Drive and Persimmon Street according to the proposed city wide trails master plan. This trail would allow citizens residing in neighboring subdivisions, as well as other residential areas, access to the future Boys and Girls Club. The large scale development was presented to the Parks and Recreation Advisory Board on January 8, 2001 . (See PRAB meeting minutes.) Please note the acreage has changed since the board met due to the request of the developer. The board recommended to accept a combination of land and money in lieu as the requirement of the Park Land Dedication ordinance for the reasons stated below: 1 . The Sidewalk and Trails Coordinator recommended a trail on the east side of the property by Shiloh Drive and on the south border by Persimmon Street. These trails are on the proposed master trails plan created by the Sidewalk and Trails Sub-committee. 2. The apartment complex currently has planned the following park amenities for their residential use: tennis courts, swimming pool, clubhouse, playground and lake. 3. The proximity to the highway bypass limits the functionality for the entire land dedication to be used as a park. Page 2 4. Lindsey Properties have concurred with this agreement as outlined above. (See attached letter.) Because Shiloh West Apartment Complex is over 100 units, Ordinance 3793 regulates the Parks Division to accept a land dedication. The ordinance states: However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks Board with instructions or for further study. Please review this request to waive the park land dedication requirement and to accept a combination of land and money as the park land ordinance requirement for Shiloh West Apartments. If you have questions concerning this request, please call me at 444-3473. Attachments: PRAB January 8, 2001 Meeting Minutes Jorgensen & Associates Letter Location Map JOR NSEN ASSOC 501 44 : 1 '.:_ , P . 01 JORGENSEN & ASSOCIAJL JU " Civil. ENGINEERS SliRVEYOItS IN WEST SCNBRID, E, SUITE 4 FAYETTEVJLLE. ARKANSAS 727!; ; Ou11 442.412` PAX 0011 582 -4807 )AVID L. JORGENS1EN• P.E., RLS. THOMAS HENNELLY. RE. City of Fayetteville M3/01 113 W. Mountain Fayetteville, AR 72701 ATT: Parka Dept. Re; Shiloh Apartments LSD This is to confirm that the ownerideveloper Jim Lindscy will be donating 0.45 Acres of property on the Shiloh Q partrnt nt project. Please call concerning any questions you may have. Thank you. Sincerely; Mvid L. Jog sen • STRCCTUPAL DESIGN • LS.ND VINELOPMENT • CATER SYSTEMS • \:ASTVXrkTER S .'$TEMS • LS.ND $I!KvEYINrj McDonaldCostShare A. 2. Page 1 *STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 6 2001 FROM: Ron Petrie Engineering Public Works Name Divicinn Department ACTION REQUIRED: Approval of a change order to a cost share with McDonald' s Corporation in the amount of $ 108,500.00 for the widening of Joyce Boulevard and the associated drainage improvements. COST TO CITY: $ 108.500.00 $ 557.344.00 Drainage Improvements Cost of this Request Category/Project Budget Category/Project Name 4470-9470-5817-00 $ 108.730.00 Cost Share Account Number Funds Used To Date Program Name 97041 -0020 $ 448.614.00 Sales Tax Project Number Remaining Balance Fund BUDGET REVIEW: X Budgeted Item _ Budget Adjustment Attached �A 0 ul dget anager iAdministrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: o? I b ) ;LID 1 'Q1 un ng an ate nterna u �tor ate I ?i Z U ttorne to oordinatorate {lV� wzQ PR a I at I b ► Purchasing 13ceratm rants oor inatorate STAFF RECOMMENDATION: Approval of a change order in the amount of $ 108,500.00 for the above described construction. o'L 20 Cross Reference New Item: Yes x No e ar ment erector atm mw� Prev Ord/Res #: 4270 mini t ei es ctor ate Orig Contract Date: a ae Orig Contract Number: McDonaldCostShare A. 2. Page 2 • . Page 2 STAFF REVIEW FORM Description Joyce Street Widening & Drainage Improvements Cost Share Meeting Date March 6. 2001 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator McDonaldCostShare A. 2. Page 3 FAYETTEVILL E THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mr. Dan Coody, Mayor Thru: Don Bunn, Asst. PW Director Jim Beavers, City Engineer �0^ From: Ron Petrie, Staff Engineer Date: February 16, 2001 Re: Proposed Change Order in the amount of $ 108,500.00 for the Cost Share with McDonald's Incorporated for the widening of Joyce Boulevard and the installation of a storm pipe from Simmon's Bank to the west side of Mall Lane and to the south side of Joyce Boulevard. The City Council approved a cost-share with the McDonald's Corporation in the amount of $90,015.00 at the September 5, 2000 Council Meeting to widen Joyce Boulevard and install additional storm pipes. Attached is the original memo sent to Mayor Hanna that explains the scope of the cost-share. The amount of the original request was based upon an estimate provided by McDonald's from a preliminary design. Since this cost-share was approved by the Council, these improvements have been designed and bids have been received from Contractors. In addition, the design required an additional 192 feet of storm pipe that will have to be installed across Joyce Boulevard. The following prices were submitted by the low bidder, Dean Crowder Construction: City $ 168,257.00 Developer $ 659827.00 Total $234,084.00 Therefore, an additional $ 108,500.00 is requested for this project. This amount was determined as follows: . City's Portion $ 1685257.00 Engineering Fees $ 16, 110.00 (Includes Inspection) Sub-Total $ 1847367.00 Less Previously Approved $ 90,015.00 Sub-Total $ 94,352.20 15% Contingency $ j4, 148.00 Total Additional Funds Requested $ 108,500.00 McDonaldCostShare A. 2, Page 4 • • Mayor Dan Coody February 16, 2001 Page Two (2) Based upon the information provided by the Budget & Research Division, there is a remaining balance of $448,614.00 in the Miscellaneous Drainage Improvement Account. The final costs to the City will be based upon actual costs as documented by the McDonald's Corporation subject to review by the City and may, or may not exceed the Developer' s estimate. However, the City's share will not exceed the estimated costs without additional authorization. Enclosures: Original Memo to Mayor Hanna (Dated August 18, 2000) Staff Review Form Vicinity Map Construction Drawing Revised Cost-Share Agreement Construction Bids Revised Purchase Requisition McDonaldCostShare FAYETTEVILPE • A. 2, Page 5 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mr. Fred Hanna, Mayor Thru: Charles Venable, PW Director Jim Beavers, City Engineer From: Ron Petrie, Staff Engineer Date: August 18, 2000 Re: Proposed Cost-Share in the amount of $90,015.00 with McDonald's Incorporated for the widening of Joyce Boulevard and the installation of a storm pipe from Simmon' s Bank.to the west side of Mall Lane. A McDonald's Restaurant was approved at the July 24, 2000 Planning Commission Meeting to be located at the northeast comer of the Joyce Boulevard/ Mall Lane intersection. To be consistent with previous approved projects along Joyce Boulevard, McDonalds was required to widen Joyce Boulevard approximately 12 feet and construct a 48" storm pipe along the project frontage. If this required widening was constructed, a narrow gap of approximately 183 feet from the east side of the McDonald's site to the west side of the Simmon's Bank development . would remain. It is the Engineering Division's recommendation that this portion of Joyce Boulevard be widened at the same time as the portion adjacent to the McDonald's development is widened in order to alleviate this gap. Therefore, upon the recommendation of the Engineering Division, the City is requested to cost- share with McDonald's to widen approximately 400 feet of Joyce Boulevard and extend a 48" storm pipe approximately 520 feet from the Simmon's Bank development to the west side of Mall Lane. The McDonald's Corporation has estimated the costs (with a 10% contingency) for this construction to be as follows: City $ 902015.00 Developer $ 70, 140.00 Total. $ 160,1.55 .00 _ Based upon the information provided by the Budget & Research Division, there is a remaining balance of $396, 184.00 in the Street and Drainage Improvement Cost Share Accounts. McDonaldCostShare A. 2. Page 6 • • Mayor Fred Hanna August 18, 2000 Page Two (2) The final costs to the City will be based upon actual costs as documented by the McDonald's Corporation subject to review by the City and may, or may not exceed the Developer's estimate. However, the City's share will not exceed the estimated costs without additional authorization. Enclosures: Vicinity Map Construction Drawing Cost-Share Agreement & Cost Estimates from McDonald's Corporation Purchase Requisition Vendor Request Form c McDonaldCostShare • • A. 2. Page 7 I i� VIGINITY MAP G . 0 HINES o 2F II ARKANSAS It �y\'1 PLAZA NS ST r „r---- UUOLEVARD Si EARNS II � 11 O U 11 II vOf I I It F 11 Bouin, R EA)' ETTEV I LLE , ARKANSAS NORTH H . . , r • 2 | [»§ \+ � � . a , ► ® �{ �� MEN - � �\ �� , ' \ - ■ \ 1 �\ :§ - � � X77\ : �. -��-- � / �f § ) \ �; • . �~ z� � ' ( �` w � . N ► - � . �! �' K y \9 ��e tea ' ■■■�. ��■| 02/16/2001 14 : 26 FAX 405 945 1243 MCDONALDIS OKC McDonaldCostShare • • A. 2. Page 9 Faye viae, AR NEC Joym BIvdWA lane Blvd. LIC: 003-0136 Agreement This shall serve as a formal agreement between the McDonald's Corporation ("McDonald's"), the developers of the McDonald's Restaurant to be located at the northeast corner of the Joyce Street and Mall Lane intersection in Fayetteville, Arkansas, and the City of Fayetteville ("City's in order for the City of Fayetteville to participate in a cost share to widen Joyce Street and install a storm pipe from Simmons Bank to the west side of Mall Lane. The City agrees to pay the actual documented construction costs and Engineering Costs for the aforementioned construction pursuant to the site plan attached hereto as Exhibit "A" and made a part hereof up to a maximum City cost of $198,515.00 as was estimated by McDonald's and pursuant to the estimate as attached hereto as Exhibit '13" ("Estimate"). McDonald's agrees to provide the necessary and normal project management, inspection and testing as necessary for a complete and accepted storm sewer line and appurtenances. It is understood that the contract for construction is between McDonald's and their contractor and engineer and that the City has no contractual obligation with either the contractor or engineer. The City's only obligation shall be to participate in a cost share, with McDonald's pursuant to the terms of the Agreement, said costs not-to-exceed the amount of$198,515.00 pursuant to the Estimate. If the future and actual bid prices exceed the Estimate, the cost-share agreement shall be re-evaluated and reapproved by the Mayor and/or City Council as appropriate prior to construction. Said re-evaluation and approval by the City shall occur within 15 days of receipt of said increased bid. It is further understood that upon acceptance of the storm pipe extension, McDonald's will provide to the City, a copy of any and all invoices(s) from the contractor and/or engineer and a completed lien waiver executed by the contractor. The City shall make payment to McDonald's within thirty (30) days after receipt of said invoices(s). This is a request for approval of a cost share only. The Mayor and/or City Council will not consider the proposed cost share for approval without a formal agreement signed in advance by an authorized representative of your company. This Agreement is contingent upon the City, by way of the City Council, hearing the presentation for this project on March 6, 2001. The City will support the efforts of McDonald's to complete the storm pipe extension, and not unduly delay the work through the permitting or inspection process. McDonald's shall not proceed with the proposed construction extension unlesa/umil the proposed costs shale is approved by the Mayor and/or City Council and the signed agreement is furnished to McDonald's. This Agreement shall supercede the Agreement dated September 6, 2001. If you agree with these provisions, please sign the three original agreements in the space provided and return to the City or your Engineer. Should you need any additional information please call Ron Petrie at (501) 575-8206. , /� U/ CONJ'7✓Luc7loo,✓ nr.ar✓�4G�� Approved City of Fayetteville McDonald's Co ration Authorized Representative Dan Coody, Mayor Date Date s:woDePntannusL.Bcntv,adwaevtbmoo \W3.Ol3MAga=0 dmaI - &a-00.ds McDonaldCostShare A. 2. Page 10 E 04105 PMR MOURNING FAX N0. + P, 02 Off-site Utility Construction McDonald's • Joyce Blvd Fayetteville, AR AFtEA 1 AREA2 1 . McClinton-Anchor 90067 95591 2. Dean Crowder 52625 Cl45000 3. Shady Grove Excavating 40325 54800 4. L.R. Mourning Co. / _ 19582 �20827 Total of 2 & 4 72207 65827 t)NDC- L 5fPAAAl:�-7 C. C . BSN AGulr-lei NtGi�owi�S C ' (��4Ti�n1 JAN- 16-2001 TUE 0405 PM L R t NING FAX N0, +++ Mc . P aldCostShare A. 2. Page 11 AREA 3 Total Cps= 117672 303330 85000 182625 Y 82222 177347 C11050 51459 96050 234084 i McDonaldCostShare A. 2. Page 12 . 03 : 15 PA MOURNING FAX NO, P. U3 12/07/00 04 : 44 PAZ am Dean Crowder Construction , Inc . . BID ea SOIL 2tet street, Ilentonvale, AR 72712 Phone (501) 273.5304 FAX (501) 273-0574 • 12.7.00 L.R. MOURNING CO. eN.re MCDONALDS tT�RYDa10mE e1MAfON LITTLE ROCK AR FAYETTEYILLE AACWTWT*11104cwra AaPLUM ATM A W POFF CREEK 11 0 AREA 1 • FURNISH AND INSTALL 48" COMP. • REMOVE EXISTING 18" AND 24" CMD • REMOVE CURB INLET. • REMOVE CURB $52, 625. 00 • REMOVE AND REPLACE WITH A MINIMUM OF 24" OF SELECT FILL ON STREET. M TOTAL._..........__.. .»........................... .....w,..ties..Igo......,I,,.....__» ._.._.,....... AREA l • FURNISH AND INSTALL 24" CMP, 1B" CMP AND 48• CC MP. • CONSTRUCT ORATED INLET, CURS INLET ANO JCT BOXES. RECONSTRUCT CURB INLET. TOTAL". .. . ..........».... .. -00.46....,.:,...Its,...,..,,..............«.tempo....,._.,..,,... ...........,,ago"see,,.... .,lot,., AREA 3 • REMOVE Ir CMP. • REMOVE 18" RCP AND PLUG HOLE. • FURNISH AND INSTALL 1 B" AND II REMOVE AND REPLACE CURB AND SIDEWALK REMOVE CURB INLET. • 'CONSTRUCT CURE INLETS AND JCT. BOXES. • PATCH STREET. L. I N li C IN Data of Proposal Date of Acceptance ACoWed 8y NOT TT DENSITY TESTING ••INCLUDE WVI G FTEMSI R CK EXCAVATION as UNDERCUT AND FILL BACK OF ABLE MATERIAL