HomeMy WebLinkAbout2003-07-15 - Agendas - Final Final Agenda
For
City Council Meeting
July 15, 2003
A meeting of the Fayetteville City Council will be held on July 15, 2003 at 6:00 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Audit Committee Presentation
A. CONSENT:
1 . Approval Of The Minutes: Approval of the July 1 , 2003 meeting minutes.
2. Bulk Material Purchase: A resolution approving the purchase of various bulk
materials and services in the amount of $ 165,000.00.
3. CH2MHi11 Goose Creek Stream Modeling Contract: A resolution to approve an
engineering contract with CH2MHill, Inc. in the not to exceed amount of $ 150,610.00
for Goose Creek Stream modeling and technical support for preparation of the NPDES
permits for the wastewater systems improvement project.
4. Sidewalk and Trails Task Force: A resolution establishing the Sidewalks and Trails
Task Force, setting forth the selection process for membership and its duties and
responsibilities.
5. Downtown Dickson Enhancement Project (DDEP) Budget Adjustment: A
resolution approving an appropriation to the Downtown Dickson Enhancement Project
(DDEP) in an amount not to exceed $20,000.00 to provide planning, design, and
economic development services for the remainder of FY2003; and approving a budget
adjustment in the amount of $20,000.00 for same.
6. Township Builders, IncJSang/Hollywood & 61° Street Intersection Improvements:
A resolution to approve a contract with Township Builders, Inc. in the amount of
$596,446.00 plus a project contingency in the amount of $60,000.00 for the Sang
Avenue and Hollywood intersection with 61° Street improvements and to approve a
budget adjustment of $80,564.00.
7. Markham Hill Development Co., LLC.: A resolution approving an offer and
acceptance contract between the City of Fayetteville and Markham Hill Development
Co., LLC for the purchase of approximately two acres on Rupple Road south of
Wedington Drive in the amount of $ 145,277.00 to be the site of the new west side fire
station.
0 9
S. Wittenberg, Delony and Davidson: A resolution to approve an amendment to the
architect contract with Wittenberg, Delony and Davidson increasing the fee by the
amount of $ 15,000.00 for engineering services associated with fire station number
seven.
B. OLD BUSINESS:
1 . RZN 03-19.00 (Tom Broyles 14.66 acres): An ordinance rezoning that property
described in rezoning petition RZN 03- 19.00 as submitted by Jerry Kelso on behalf of
Tom Broyles for property located East of Beachwood Avenue South of 151' Street,
moving the current zoning line to a new configuration with the subject property being R-
2, Medium Density Residential. This ordinance was left on the first reading at the July
1, 2003 City Council meeting.
2. RZN 03-20.00 (Tom Broyles 7.45 acres): An ordinance rezoning that property
described in rezoning petition RZN 03-20.00 as submitted by Jerry Kelso on behalf of
Tom Broyles for property located East of Beachwood Avenue South of 15" Street,
moving the current zoning line to a new configuration with the subject property being
zoned C-2, Thoroughfare Commercial. This ordinance was left on the first reading at
the July 1, 2003 City Council meeting.
3. Zoning Map Adoption: An ordinance adopting a new official Zoning Map of the City
of Fayetteville and incorporating the renamed zoning districts on the new official Zoning
Map as adopted in Title 15; the Unified Development Code of the Fayetteville Code of
Ordinances. This ordinance was left on the second reading at the July 1, 2003 City
Council meeting.
C. NEW BUSINESS:
1 . Public Hearing Raze and Removal 1003, 1015 and 1017 W Cato Springs Road: A
resolution ordering the razing and removal of dilapidated and unsafe structures owned
by Alex and Lori Mahler located at 1003, 1015 and 1017 West Cato Springs Road in the
City of Fayetteville, Arkansas.
2. Amend Chapter 33 (Telecommunications Board): An ordinance amending Chapter
33, Departments, Boards, Commissions and Authorities, of the Code of Fayetteville, by
redefining the composition, officers, staffing, procedures and duties of the board.
Presentation on Agenda Items 3, 4, 5, 6 and 7.
0 0
3. Black and Veatch Corporation: A resolution to approve an engineering contract with
Black and Veatch Corporation in the not to exceed amount of $2,363,200.00 for
engineering services related to improvements to the Nolan Wastewater Treatment Plant.
4. Burns and McDonnell Engineering Company, Inc.: A resolution to approve an
hourly rate engineering contract with Bums and McDonnell Engineering Company, Inc.
in the not to exceed amount of $2,685,366.00 for engineering services related to design
and bidding phase Program Management Services including value engineering for the
Wastewater System Improvement Project.
5. Garver Engineers, LLC.: A resolution to approve an engineering contract with Garver
Engineers, LLC. in the not to exceed amount of $ 1 ,721 ,886.00 for engineering services
related to the East Pipelines and Pump Stations.
6. McGoodwin, Williams and Yates, Inc.: A resolution to approve an engineering
contract with McGoodwin, Williams and Yates, Inc. in the not to exceed amount of
$4,318,812.00 for engineering services related to the new West Wastewater Treatment
Plant, Wetlands Mitigation and Broyles Road improvements.
7. RJN Group, Inc.: A resolution to approve an engineering contract with RJN Group,
Inc. in the not to exceed amount of $2,500,718.00 for engineering services related to the
West Pipelines and Pump Stations.
Short Break
8. Smoking in Certain Public Places: An ordinance to amend §95 .05 Regulation Of
Smoking In Certain Public Places of the code of Fayetteville and to enact a
replacement §95 .05 Regulation Of Smoking In Most Public Places And Places Of
Employment in order to remove exemptions for bars, pool halls, small restaurants,
beauty salons, barber shops and designated smoking areas in enclosed public access
areas in restaurants, theaters, roller rinks, bowling alleys, and retail stores, etc.
D. INFORMATIONAL:
1 . Council Tour: July 14, 2003
Meeting of July 15, 2003
Subject: R 6W�
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Motion By:
Seconded:
Motion To:
Jordan
Reynolds ✓
Thiel ,✓
Cook ✓
Marr ✓
Rhoads
Davis
Lucas ✓
Mayor Coody ✓
Subject: C
Motion By: LO"O
Seconded :
Motion To: (tUQ
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0043 Reynolds ✓
7A.) I C C Thiel
4V Cook ✓
Marr ✓
Rhoads
Lucas
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Meeting of July 15, 2003
Subject: R Z AJ 0 3- l q 00 /Q/j1 CYC /�lo to
Motion By:
Seconded: /U �/
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Meeting of July 15, 2003 /Jtyp� KA-J
Subject:
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Jordan
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ZOA ICook ✓
N] a Marr ✓
Rhoads �
Lucas ✓
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Subject: �(1bIiC eaA % �Qtl �Ayhp
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Motion By:
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Motion To:
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Thiel
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Lucas
Meeting of July 15, 2003
Subject: l L�Rp�� 33 ( �+ Q-► wty. ; Ciah �oa.�Q
Motion By:
Seconded :
Motion To: $ Fd !)
Jordan .� s ✓
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Cook f r
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Rhoads ✓ v
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Subject: a� V� Q cA C fu i dl^
Motion By:
Seconded:
Motion To:
Jordan
3 Reynolds
Thiel
&pi Cook
Marr
I(` Rhoads
0020
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DJ Lucas
Meeting of July 15, 200/3 y
Subject:
Motion By:
Seconded:
Motion To:
Jordan
Reynolds
Thiel
N Cook
Marr ✓
Rhoads ✓
Ick - � 3dkppimp —
Lucas
Subject: aAL).A- C ;A.� � Oe v
Motion By:
Seconded:
Motion To:
Jordan
Reynolds
Thiel
l Cook
Marr
Y.boads
Lucas
Morw�nneies .�
Meeting of July 15, 2003
Subject: � t7t7 f � l n
Motion By: o�
Seconded:
Motion To:
Jordan ✓
Reynolds ✓
I ' . J Thiel
I Cook r
i MA4 Marr i
,Q Rhoads
I Lucas
Subject: r, G
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Motion By:
Seconded:
Motion To:
Jordan f
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Meeting of July 15, 2003 //►► �
Subject: p {c,i WN L2rtQirs
Motion By:
Seconded:
Motion To:
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Jordan
49 Reynolds
�.U►) Thiel
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Davis
Lucas
Mayor Coody
Subject:
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Seconded :
Motion To: H/,g k
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Mayor Coody
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Final Agenda
For
City Council Meeting
July 15, 2003
A meeting of the Fayetteville City Council will be held on July 15, 2003 at 6:00 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Audit Committee Presentation
A. CONSENT:
1 . Approval Of The Minutes: Approval of the July I , 2003 meeting minutes.
2. Bulk Material Purchase: A resolution approving the purchase of various bulk
materials and services in the amount of $ 165,000.00.
3. CH2MHill Goose Creek Stream Modeling Contract: A resolution to approve an
engineering contract with CH2MHill, Inc. in the not to exceed amount of $ 150,610.00
0 1 � 0 for Goose Creek Stream modeling and technical support for preparation of the NPDES
permits for the wastewater systems improvement project.
4. Sidewalk and Trails Task Force: A resolution establishing the Sidewalks and Trails
U��3 Task Force, setting forth the selection process for membership and its duties and
l responsibilities.
5. Downtown Dickson Enhancement Project (DDEP) Budget Adjustment: A
resolution approving an appropriation to the Downtown Dickson Enhancement Project
fv3 -63 (DDEP) in an amount not to exceed $20,000.00 to provide planning, design, and
economic development services for the remainder of FY2003; and approving a budget
adjustment in the amount of $20,000.00 for same.
6. Township Builders, IncJSang/Hollywood & 6m Street Intersection Improvements:
A resolution to approve a contract with Township Builders, Inc. in the amount of
o /D 2 $596,446.00 plus a project contingency in the amount of $60,000.00 for the Sang
J Avenue and Hollywood intersection with 6'" Street improvements and to approve a
budget adjustment of $80,564.00.
7. Markham Hill Development Co., LLC.: A resolution approving an offer and
acceptance contract between the City of Fayetteville and Markham Hill Development
/ 05_ 3 Co., LLC for the purchase of approximately two acres on Rupple Road south of
Wedington Drive in the amount of $ 145,277.00 to be the site of the new west side fire
station.
8. Wittenberg, Delony and Davidson: A resolution to approve an amendment to the
architect contract with Wittenberg, Delony and Davidson increasing the fee by the
amount of $ 15,000.00 for engineering services associated with fire station number
seven.
B. OLD BUSINESS:
1 . RZN 03-19.00 (Tom Broyles 14.66 acres): An ordinance rezoning that property
' ! described in rezoning petition RZN 03- 19.00 as submitted by Jerry Kelso on behalf of
50 Tom Broyles for property located East of Beachwood Avenue South of 15'° Street,
moving the current zoning line to a new configuration with the subject property being R-
2, Medium Density Residential. This ordinance was fejt on the first reading at the July
1, 2003 City Council meeting.
2. RZN 03-20.00 (Tom Broyles 7.45 acres): An ordinance rezoning that property
described in rezoning petition RZN 03-20.00 as submitted by Jerry Kelso on behalf of
�SooZ Tom Broyles for property located East of Beachwood Avenue South of 151° Street,
moving the current zoning line to a new configuration with the subject property being
zoned C-2, Thoroughfare Commercial. This ordinance was left on the first reading at
the July 1, 2003 City Council meeting.
3. Zoning Map Adoption: An ordinance adopting a new official Zoning Map of the City
of Fayetteville and incorporating the renamed zoning districts on the new official Zoning
503 Map as adopted in Title 15; the Unified Development Code of the Fayetteville Code of
Ordinances. This ordinance was left on the second reading at the July 1, 2003 City
Council meeting.
C. NEW BUSINESS:
1 . Public Hearing Raze and Removal 1003, 1015 and 1017 W Cato Springs Road: A
2 resolution ordering the razing and removal of dilapidated and unsafe structures owned
102 O 2 by Alex and Lori Mahler located at 1003, 1015 and 1017 West Cato Springs Road in the
City of Fayetteville, Arkansas.
2. Amend Chapter 33 (Telecommunications Board): An ordinance amending Chapter
33, Departments, Boards, Commissions and Authorities, of the Code of Fayetteville, by
redefining the composition, officers, staffing, procedures and duties of the board.
3. Black and Veatch Corporation: A resolution to approve an engineering contract with
�63 Black and Veatch Corporation in the not to exceed amount of $2,363 ,200.00 for
engineering services related to improvements to the Nolan Wastewater Treatment Plant.
,.
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N'�y .
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4. Burns and McDonnell Engineering Company, Inc.: A resolution to approve an
hourly rate engineering contract with Burns and McDonnell Engineering Company, Inc.
in the not to exceed amount of $2,685,366.00 for engineering services related to design
and bidding phase Program Management Services including value engineering for the
Wastewater System Improvement Project.
5. Garver Engineers, LLC.: A resolution to approve an engineering contract with Garver
110 , 63 Engineers, LLC. in the not to exceed amount of $ 1 ,721 ,886.00 for engineering services
related to the East Pipelines and Pump Stations.
6. McGoodwin, Williams and Yates, Inc.: A resolution to approve an engineering
2 contract with McGoodwin, Williams and Yates, Inc. in the not to exceed amount of
' I U
J $4,318,812.00 for engineering services related to the new West Wastewater Treatment
Plant, Wetlands Mitigation and Broyles Road improvements.
7. RJN Group, Inc.: A resolution to approve an engineering contract with RJN Group,
D
3 Inc. in the not to exceed amount of $2,500,718.00 for engineering services related to the
West Pipelines and Pump Stations.
- Short Break
8. Smoking in Certain Public Places: An ordinance to amend §95.05 Regulation Of
Lp � t Smoking In Certain Public Places of the code of Fayetteville and to enact a
replacement §95 .05 Regulation Of Smoking In Most Public Places And Places Of
104 PtLOL Ilk
in order to remove exemptions for bars, pool halls, small restaurants,
beauty salons, barber shops and designated smoking areas in enclosed public access
areas in restaurants, theaters, roller rinks, bowling alleys, and retail stores, etc.
D. INFORMATIONAL:
1 . Council Tour: July 14, 2003
Sowder Properties
Molly Court Townhomes and Studios
Adams Street Townhomes and Apartments
N. Glenn .Sowder
(479) 443-3103 (479) 443-0846 (fax)
P.O. Box 1773 Fayetteville AR 72702- 1773
July 15, 2003
Fayetteville City Council
And
Director of Planning, City of Fayetteville
I . 1 respectfully request that the 75 ' x 1600' plot of land that 1 own adjoining the east side
of the Arkansas/Missouri Railroad tracks beginning at North Street and ending at
approximately Douglas Street to the south NOT be shown as R2 (medium-density
residential ) on the City zoning map to be adopted tonight.
2 . This property is realistically light industrial as it was so zoned from 1940 into the ` 70 's
or ` 80's and as the property across the railroad tracks on the west side continues to this
day.
A. Today there is still a large lumberyard shed on my referenced property, about 120'
from North Street.
B. There were two aboveground oil and gasoline wholesalers on the property until the
late ` 50's or `60's.
3. The property's best utilization would include
A. Remcd storage units
B. Parking for University students and employees
4. The trains make the property's use for residential applications a poor choice.
5. 1 respectfully request that you make this letter a part of the City Council minutes for
tonight, July 15, 2003 .
Respectfully submitted,
kNlcnn So der
RECEIVED
JUL 15 2003 Sowder Properties
PLANNING DIV . Molly Court Townhomes and Studios
Adams Street Townhomes and Apartments
N. Glenn Sowder
(479) 443-3103 (479) 443-0846 (fax)
P.O. Box 1773 Fayetteville AR 72702-1773
July 15, 2003
Fayetteville City Council
And
Director of Planning, City of Fayetteville
I . I respectfully request that the 75 ' x 1600' plot of land that I own adjoining the east side
of the Arkansas/Missouri Railroad tracks beginning at North Street and ending at
approximately Douglas Street to the south NOT be shown as R2 (medium-density
residential) on the City zoning map to be adopted tonight.
2. This property is realistically light industrial as it was so zoned from 1940 into the ` 70's
or ` 80's and as the property across the railroad tracks on the west side continues to this
day.
A. Today there is still a large lumberyard shed on my referenced property, about 120'
from North Street.
B. There were two aboveground oil and gasoline wholesalers on the property until the
late ` 50's or `60's.
3. The property's best utilization would include
A. Rented storage units
B. Parking for University students and employees
4. The trains make the property's use for residential applications a poor choice.
5. 1 respectfully request that you make this letter a part of the City Council minutes for
tonight, July 15, 2003 .
Respectfully submitted,
N. Glenn Sowder
------------
Jerry L Sonhreggiw, P.E.
Profed Manager
BLACK
9400 Word Parkway
BurnsKamaI City, Atimuri 641 Earl E. Jenkins, P.E
Oftke: 816 822-3941 Project Manager
Fax: 816 822-3413 Black & Veatch Corporation
McDonnell
si . c1 leve
�J • ri Ward Parkway. Kansas City, Missouri 64114 USA
Onderegger"nomcd.wrin Tel: (913) 458 3429 . Fax: (913) 458-3730 . lerJjrGee@trv.com
irtroi.burrisnififforn 'Licensed in Art. KS Mi. NIS, IN
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BRUCE SHACKLEFORD, M.S., REM, REPA
fl ee �4Oil
Presiclent
QI Ir II m
G�IU47 ee
1313 Hitaway 229-5A. Benton. Arkansaii; 72015
(501) 315-9001). FAX (501) 315-OM e-mekbruorJackleted0rdboapi
GAMMENGINEERS
Garver Engineera, LLC
38IOFrontS1rm-I. Sui(L 10
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FAX 4 79 527-9 101
Brock E. Hoskins, P.E. behmkosOgawerm9ineeis canin
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Odwin Williams a Votes
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James C. Ulmer, P.E.
Vice P'esicenl
JU nicI�UnryU: Co-n
Pkorc 479 4433:0.1
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nB Nrps r CCI 479-790 6479
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BLACK & VEATCH
Steven D. Phillips
Vice President
Black & Veatch Corporation
8400 Ward Parkway, Kansas City, MO 64114 USA
Tea: 913/4583648 . Fax: 913/4583730 . phlllipssd@bv.com
building a World of difference^'
Brentwood,TN
615-377-1337 • FAX 615-371-8195
Fayetteville,AR
479-527-9100• FAX 479-527-9101
Huntsvllle,AL
256-534-5512 • FAX 256-534-5544
Madison, MS
601-605-4200 a FAX 601-6054201
Little Rack, AR
501-376-3633• FAX 501-372-8042
Tulsa, OK
918-250-5922 • FAX 918-250-6529
Topeka, KS
785-266-7933• FAX 785-266-8008
STAFFREVIEW FORM - FINANCIAL OBLIGAT*
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : July 15, 2003
PROM:
Holly Jones Engineering Community planning ti Engineering Servim
Name Division Department
ACTION REQUIRED : Approval of the Offer and Acceptance for the purchase of 2 acres of land
from Markham Hill Development Co . , LLC . This parcel of land will be the location of the
proposed West side Fire Station on Rupple Road south of Wedington Drive .
COST TO CITZ :
$ 145 , 277 . 00 $ 7Sq ow - Fire Safety Improvements
Cost of this request Category/Project Budget Program Category / Project Name
9470 . 9470 . 5400 . 00 $ t + Q 15 - Fire Station q7 - Escrow Funds
Account Number Funds Used to Date Program / Project Category Name
01015 3 $ L\'� 02 S - Sales Tax Capital Improvements
Project Number Remaining Belence Fund None
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
12 03
Budget Matrager Date
CONTRACT/GRANT/LEASE REVIEW:
g Manager Date
AcnDate I tern '
City Att ney Da a Purchasing Manager Date
B AE - O Received in Mayor ' s office G � �
Di inion HeaV Date Date
3�D73 Cross Reference :
JDea=nt * rec� Date
Previous Ord/Rest{ :
Finance [ Internal Services Dir . Date Orig . Contract Date :
.. � 0 3 Orig . Contract Number :
Chief 41Tnistrative Officer �1Date
-11.[Lry New Item : Zes No
/ _
Mayor Date
Staff Review Form - Page 2
Description Meeting Date July 15 , 2003
Comments : Reference Comments :
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
RESOLUTION NO.
A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND
MARKHAM HILL DEVELOPMENT CO., LLC FOR THE
PURCHASE OF APPROXIMATELY TWO (2) ACRES OF LAND
LOCATED ON RUPPLE ROAD SOUTH OF WEDINGTON DRIVE
IN THE AMOUNT OF ONE HUNDRED FORTY-FIVE
THOUSAND TWO HUNDRED SEVENTY-SEVEN DOLLARS
($145,277.00) TO BE THE SITE OF THE NEW WEST SIDE FIRE
STATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby approves an Offer and Acceptance contract between the City of
Fayetteville and Markham Hill Development Co., LLC for the purchase of
approximately. two (2) acres of land located on Rupple Road south of Wedin on
Drive in the amount of One Hundred Forty-Five Thousand Two ed
Seventy-Seven Dollars ($145,277.00) to be the site of the new I ire
Station. A copy of the contract is attached hereto marked E made a
part hereof.
PASSED and APPROVED this 151hday • July, 2003. j
APPR
f" COODY, Mayor
�r '4
I .
r.
SON S City Clerk
FAYETTENALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Council
THRU: Dan Coody, Mayor
Hugh Earnest, Chief Administrative Officer
Tim Conklin, Director of Community Planning & Engineering Services
Gary Coover, City Engineer
Chris Bosch, Fire Chief
FROM: Holly Jones, Land AgentN
SUBJECT: Acquisition of Property for the Proposed Fire Station #7
DATE: July 3, 2003
Background:
Mr. Earnest, representing the Fire Department of the City of Fayetteville, has been in
negotiations with Mr. John Nock, of Markham Hill Development Co. , LLC, to purchase 2 acres of
land from him to construct a Fire Station on the West side of town. The property is located on
Rupple Road south of Wedington Drive. This property has been surveyed, re-zoned and a lot split
has been approved to split this 2 acre tract from a larger tract of 4 acres acquired by Markham Hill
Development Co. , LLC. Mr. Nock closed on the 4 acre parcel on Tuesday, July 2, 2003 and
immediately met with Mr. Earnest, Mayor Coody, Chief Bosch and myself to discuss the details of
the purchase. An Offer and Acceptance was presented to Mr. Nock at that meeting for a total
sales price of $145,277.00.
Current Status:
Markham Hill Development Co. , LLC, represented by John Nock, accepted the offer to
purchase the southernmost 2 acres of the 4 acre tract he had just purchased. A copy of the survey
presented to Planning Commission, which shows the entire 4 acre parcel, also depicting the City's
proposed 2 acre purchase is attached. Also attached is a copy of the signed and notarized Offer
and Acceptance Contract.
Recommendation:
Staff respectfully requests that this Offer and Acceptance contract be approved. Upon
approval, title work will be ordered and a closing date set.
Thank you
0 0
OFFER AND ACCEPTANCE CONTRACT
1 . The City of Fayetteville, Arkansas, a municipal corporation, 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 City of Fayetteville shall pay for the property at
dosing, the total and cash payment of $ 145m2'17. 00 .
3. Contingent Earnest Money Deposit: The City of Fayetteville will tender a check for $ to
Markham Hill Development Co.. LLC, 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 City of Fayetteville by
Markham Hill Development Co.. LLC. If title requirements are not fulfilled or Markham Hill
Development Co.. LLC fail(s) to fulfill any obligations under this contract, the earnest money shall be
promptly refunded to the City of Fayetteville. If the City of Fayetteville fails to fulfill their obligations under
this contract or, after all conditions have been met, the City of Fayetteville fails to close this transaction, the
earnest money may, at the option of Markham Hill Development Co_ LLC, become liquidated damages
to Markham Hill Development Co.. LLC. Please provide to the City of Fayetteville a Taxpayer
Identification Number or Social Security Number so that the earnest money check can be written. A
Vendor Form has been provided for this purpose.
4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subjectio
recorded instruments and easements, If any, which do not materially affect the value of the properly. Such
conveyance shall include mineral rights owned by Markham Hill Development Co.. LLC .
5. Markham Hill Development Co.. LLC shall furnish a policy of title insurance in the amount of the
purchase price from a title insurance company as selected by the City of Fayetteville. The City of
Fayetteville and Markham Hill Development Co.. LLC shall share equally in the cost of the title
insurance.
6. Markham Hill Development Co.. LLC agrees to allow the City of Fayetteville, if the City of Fayetteville so
desires, at City of Fayetteville's expense, to survey the property. Markham Hill Development Co.. LLC
agrees to cure any tide 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 City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by Markham Hill Development
Co.. LLC . Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be
prorated as of closing.
8. The closing date shall be within �( days after approval of this offer by the City Council. If
such date of closing falls on a w eke or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing.
10. Markham Hill Development Co.. LLC hereby grants permission for the City of Fayetteville or its
employees or designates to enter the above described property and improvements for the purpose of
inspection and/or surveying.
it . All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of dosing is
assumed by Markham Hill Development Co.. LLC .
13. Markham Hill Development Co.. LLC shall disclose to the City of Fayetteville any and all environmental
hazards of which Markham Hill Development Co.. LLC has actual knowledge. Upon acceptance of all
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
conditions and terms of this Offer and Acceptance, the City of Fayetteville and Markham Hill
Development Co., LLC shall share equally the costs of any and all testing for the existence of
environmental hazards. Should the existence of environmental hazards be known or determined,
Markham Hill Development Co., LLC shall cure such, at their expense; or, in the alternative, at the City
of Fayetteville's discretion, the City of Fayetteville may cure such environmental hazard, and Markham H71
Development Co.. LLC shall indemnify the City of Fayetteville for all costs associated with said cure.
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the City of Fayetteville and Markham Hill Development Co.. LLC
shall contain the entire understanding and agreement of the parties with respect to the matters referred to
herein and shall supersede all price or contemporaneous agreements, representations and understanding
with respect to such matters, and no oral representations or statements shall be considered a part hereof.
16. This contract expires, if not accepted bK� n or before the 3 rd day of ,
2003.
17. The City of Fayetteville shall ubmit this fully executed Offer and Acceptance Contract to the City Council
for their approval within _� (�D, days of acceptance by Markham Hill Development Co..
LLC.
18. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND Markham Hill Development Co., LLC.
HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT
UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF
FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCILTO SO APPROVE WILL
MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING BUT NOT
LIMITED TO, THE RETURN TO CITY OF FAYETTEVILLE OF THE i — b '
EARNEST MONEY DEPOSIT.
SELLER:
Markham Hill Development Co., LLC.
B .
Date: =3
o ocvL
[PI se Print Name & Title Here]
City of Fayetteville, Arkansas,
A muni ' al corporation
7/Z Date:
Dan Coody, Mayor
Date: 7
SeSeA&aLmitb, City Clerk
0 0
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
All that certain tract or parcel of land being a part of the NW % of the SE '/. of Section 12, Township
16 North, Range 31 West, Washington County, Arkansas. Said tract being a portion of that same
tract as described in Book 1114, Page 526 of the records of the Circuit Clerk and Ex-Officio Recorder
of Washington County, Arkansas, and being more particularty described by metes and bounds as
follows, to-wit: COMMENCING at the NE Comer of the NW '% of the SE '% of Section 12, Township
16 North, Range 31 West, Washington County, Arkansas. THENCE — Sorts 02' 15' 40' West 444.07
feet with the east boundary line of said 40-acre tract; THENCE — North 88' 36' 31 ' West 15.00 feet to
a '/4' Iron Pin found on the west right-of-way line of Rupple Road. THENCE — South 02° 15' 40' West
206.89 feet with said right-of-way line to a 5/8" Iron Pin set for the POINT OF BEGINNING; THENCE -
South 02' 15' 40' West 209.44' with said right-of-way line to a 12" Iron Pin found; THENCE — North
86" 59' 51 " West 421 .92 feet to a 12" Iron Pin found on the east boundary line of THE
MEADOWLANDS PHASE 1 AND 2 subdivision; THENCE — North 02" 12' 43* West 203.50 feet with
said east boundary line to a 5/8" Iron Pin set; THENCE — South 87' 48' 12' East 422.06 feet to the
POINT OF BEGINNING. The above described property having been surveyed by Bart L. Petray,
contains 2.00 acres of land, more or less.
SIGNED FOR IDENTIFICATION:
Mark m Hill Development Co., LLC.
B
Date.DatwSLW 21 . 4a3.
[Plea Pri Name 8 T Here]
Dater
Dan o Mayor
Date:
ity Clerk
0
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
ACKNOWLEDGMENT
STATE OF ARKANSAS
& A r. ) SS•
COUNTY OF WAeF*NGFON )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared .JD.At- A oe,I
to me well known as the person(s) who executed the foregoing documentr a� n�d who stated and acknowledged that
he/shetthey is/are fyum� of/yV" N(Y � aIK,!prn�G L" is/are duly
authorizedxecute the foregoing instrument for and in the name and behalf of said
4( YhLL dto e?/ . + (/n. LLC , and further stated and acknowledged that he/she/they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this {_ day of 2003.
jly ha:, 4-j #-0 to
Notary Pidblic
MY COMMISSION EXPIRES: HOLLY F. JONES
� 1 NOTARY PUBLIC, STATE OF ARKANSAS
f 1 I8 MY COMMISSION EXPIRES 0501-2008
BENTON COUNTY
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF W )
BE IT REMEMBERED, that on this date, before the undersigned, a duly comcling Notary
Public within and for said County and State, personalty appeared Dan Coody and 14 ra� to me well
known as ttle_ a ons who executed the foregoing document, and who stated and acknowledged that they are the
Mayor and Leri rrk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in
their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal
corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument
for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 12003.
IPA _
Notary Pu c
MY COMMISSION EXPIRES:
HOLLY F. JONES
1�5 NOTARY W �UUt7S PUBUC, STATE OF
MYCOMMtf�B N0� ARKANSAS
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PARENT DESCRIPTION TRACT A DEspt>pQ4N
AB than oertnintnm ar pans Bled bang a Part dune NW% d ms SB% d All than moue tea a pared dlamd being a Per dmsNW %d6s SB %'
Satioe 12, Townmm 16 Hong Range 31 Wet, Washington Comb,A&em Succinct 124 Township 16 North, Rap 71 Tpan, SFahingm Cwmb,Ache
Sad aset bahst ma s�attsctadcaevtld in Back 11 la, Pop 726 dtbcttmda Sodoeevbaairs, im dtha�m bsor adarmla6o Bonk 1I11,Pp
dmn Grcuh C7zk rend 60Bieo Records of Wedingba Carter, AAeaa, and the am . of the Circuit Clerk end R&OQirb Rewarder dural opo Can
bang mon paumywy darevtled by med ms aboth . ■ filum b<sG Arkesa, ed being more peromisN daotLad by meg std homtlw a Bd
COMMENCING a mo HE Cores dune NW % dthe SQ %orSection l; to-wit CUhOa4NCMa the HE Comer dtlw NW%dthe 5B 16 ofSoon
Towmhip 16 North, Rep 71 Wtaq Wr►gm Comb, Aheaa THENCE- Towwhip 16 North, Ramp 31 WeaC Wmh%gma CWAW, Attar TIMM
Soam or IT10' Wad 111.07 foot warm the asst boundary feta deed OW; South OT 15'10' War I44.07 feet with the cast boundary Use ofMW *40^,
THENCE-North Ir3C31'Wad 15.00 bed m a %'bun Po found for the POW THENCB- North gr 36'71'West 13.00 fmw b a %'hoe Po &=it Or me
OF BEGINNING Said polar being On the was Nh6d'vW los of Rsppls Road tghicfwaq lou ofRW*Rme6 THENCE -Sooth 0T IT 10'Wast 206.8
THEJCB . Sodh OY IT 4r Wm /16336a with line in a%' wAseit RMbbwry l® a e SA' here Pis set 6:the POW OF BBI$B
hm pin &=it,THENCE.Herb WS9'S1-Wee 62192 feet m a %' hm Pie THENCE -Sootb Or IT Qr Want 2109.441'with slid AOIh f+V loam sl
!omit on the eat bcmday lies dTHE hGiDOWLANDS PHASE I AND 2 Pie found;THENCE.Norm W 5751'Want 421.92 Rel b • 17 bun Pis
subdivision; THENCE-Herm OT 1713'End 104.46 feet with sed wast bomdsr more est b*wWmy Fee dTHE 1dEADOWIANDS PHASE I AND
kere toa %' hm Pict found; 7HENCE- Smm Ir 36'3l' Fag 12222 feet no ms subdivisions; THENCE - Norm Ore 1713' Bat 200.50 fast with sod cast be
POINT OF BEGROGNQ The above dmmud pcupsb bring bun amvuysd by line m •SA' been Port THENCE- SusgT1PI7East 122.06fee to-
Beer L pm V.customs 398 neve dle4 mus ar led. POINT OF BEGINNI Jf1 TL above dmmed imPy baring lam mnq
But L peony. aunt® loo soca ofLod. mere ar Im
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ropvKdlm OF Le dor. drabd "Dowty on dmlwMrd W a•voy w t tem
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R thin vamd Lo bnndsW mid •own re s shown ad Let Lw ww re.
sr•admn•d• or pratimuslore snot > dap 4n add Fail. g
CODE NO. 600-1614AIW-O-U-240-72-1250 Z f
O H
BEARINGS BASED CH V1
CITY OF FAYETTEVILLEH
GPS FfONUMENTATIQI G cc 8
TRACT B DESCRIPTION Z =<
An tbdamt® tantap•ml of lad ben spas[ ofdw NW K of she SE Kof r =
$sem
12, Township 16 North, Range 31 Wed,W mb.
CoAlkanet. W O7
Sod ted being &poison ofshu masnttwn a dewibed in Bed 11149 P&ge$26 of W 2S
the mom*of the Croon[ Cldt and 11L BMco Recorder ofWdtigmn Carob. Z GI
Adtaneas6 and being mine porboddy described by mss and bomda . foBowm, U ;k
to+it COMMENCING u the NE Consrofthe NW K of the SE %OfS=dm l2. Z qt
Township l6 North, Range 31 WOM Washington Combm.AdTTS- WCC
Soon 028 l 40-Wast 444.07 fimtwilh the not bomdry line of said "40',
THENCE-North IV 36'31 w Won 15.00 fes in •K• Iron Fin Sound for the POINT
OF BEGBININQ Said Point being on the weRriBbtcf-way has afRnp*Rad.
THENCE - Son&Or IS 400 Wed 20419 fed wish maid righeaf-wry his so a W U
. hen 15n &et THENCE .Nonb 17r 4f IY Wag 422.06 fes m •SW Em Pin son
the ant bmmdasy Um of THE&1PADOWLANDS PEASE 1 AND 2 mbdivmW
THE'NCE.Nmsh 02. 12'43-Eau 200.96 fed wilb said east bomdry line s • WE SHEET NO,
Iron Pie fmmd:THENCE-South 1T 34S'310 Ea 42221 fed b the POINT OF
BEQWINW6 The done deenbed ptapoy h'ig bam •nveyad by BmN L
Petrq,ombim 1.95 ca of land,mpealtr.
PLAT MW PAG! 4001
STAREVIEW FORM - FINANCIAL OBLIGAN
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : July 15, 2003
FROM:
Chris Bosch, Fire Chief Fire Operations Fire
Name Division Department
ACTION REQUIRED : Approval of a resolution amending the contract with Wittenberg , Delony
d Davidson for architectural services and providing for a $ 15 , 000 increase in the fee .
The original contract for services was approved by the Council on April 1 , 2003 .
COST TO CITY :
$ 15 , 000 . 00 $ 9508000 . 00 Fire Station 7
Cost of this request Category/ Project Budget Program Category / Project Name
4470 . 9470 . 5804 . 00 $ 8q4Q' 5, 00 Fire Safety Improvements
Account Number Funds Used to Date Program / Project Category Name
89 . 0-moo
01015 $ -4SGr"o -9e Sales Tax Capital
Project Number Remaining Balance Fund Name
BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached
Budget Mane Date
CONTRACT/GGRANT/LRASEREVIEW:
O)a"
e
Acco nting Manager Date Internal Aud ' or Date
� I .2103
city Attor y Date Purchasing Manager Date
STAFF RECObfMENDATION :
Received in Mayor ' s Office
Division HeadDate Date
6 O5 cross Reference :
Department Director Date
//�� Previous Ord/Rest : 44-q Q 3
? 4A-4 L27) - 1- 03
Flrnanc & Internal Services Dir . Date Orig . Contract Date : (J, 11 I 0
1,05. Orig . Contract Number : Q
Chief inist ive Officer Date
'�'� New Item : � No
Mayor 7 Db"�aC
RESOLUTION NO.
A RESOLUTION TO APPROVE AN AMENDMENT TO
THE ARCHITECT CONTRACT WITH WITTENBERG,
DELONY AND DAVIDSON INCREASING THE FEE BY
THE AMOUNT OF $15,000.00 FOR ENGINEERING SERVICES
ASSOCIATED WITH FIRE STATION NUMBER SEVEN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an amendment to the contract with Wittenberg, Delony and
Davidson attached as Exhibit A in which the City agrees to increase the fee by
the amount of $15,000.00 for engineering services associated with Fire Station
Number 7.
PASSED and APPROVED this the 15th day of July, 2003.
APPROVED: S
By:
ORp,FI
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk