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HomeMy WebLinkAbout2005-08-16 - Agendas - Final _ Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody Ward I Position 2 - Brenda Thiel City Attorney Kit Williams e;lle Hard 2 Position I - Kyle B. CookWard 2 Position 2 - Don Marr City Clerk Sondra SmithTayve Ward 3 Position I - Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 16, 2005 A meeting of the Fayetteville City Council will be held on August 16, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1. Approval of the August 2, 2005 City Council meeting minutes. THE MINUTES FOR AUGUST 2, 2005 MEETING WAS PULLED SO THAT ALDERMAN MARR COULD REVIEW THEM. 2. Survey & Research Center Proposal Approval: A resolution approving a proposal from the Survey Research Center (SRC) at the University of Arkansas in the amount of $29,312.05 with a not-to-exceed cost of $30,000.00 for the development and implementation of a citizen survey; and approving a budget adjustment in the amount of $5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 160-05. 3. Broker of Record/Benefits Consulting Services Contract: A resolution approving an agreement with Hoffman-Henry Insurance in the amount of $ 19,500.00 to provide broker of Record/Benefits Consulting Services for 2005-2006 with four 1 -year renewal options. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 161-05. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 4. Clela B. Stroud Water Agreement: A resolution to approve an agreement with the Clela B. Stroud Trust in which the City agrees to provide adequate domestic water to the trust land and the trust agrees to pay the City $40,000.00 as its cost share and remove a reversion clause in the land upon which the City's water tank is located. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-05. 5. WL-4 Easement Purchase: A resolution approving a lump sum allocation in the amount of $457,750.00 for the purchase of easements required for the construction of Gravity Sewer Lines from the Gregg Avenue Lift Station to the New Hamestring Lift Station/Wastewater System Improvements Project (WSIP) WL-4; and approving a 10% contingency in the amount of $45,775 .00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-05, 6. Botanical Gardens Grant Request to Arkansas Parks & Tourism: A resolution authorizing the Fayetteville Parks and Recreation Division in conjunction with the Botanical Garden Society of the Ozarks to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of two hundred fifty thousand dollars ($250,000.00) for the construction of Phase IA of the Botanical Gardens. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 164-05. 7. Federal Aviation Administration Grant Acceptance: A resolution authorizing the Fayetteville Municipal Airport staff to accept a grant in the amount of $ 116,605 .00 from the Federal Aviation Administration and the Arkansas Department of Aeronautics to fund an Airport Master Plan update. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 165-05. B. UNFINISHED BUSINESS: 1. Planning Commission Appeal (HondaPro): A request to appeal the Planning Commission's motion to deny rezoning request RZN 05- 1524 rezoning Lots 14, 15 and 16 of the Parker' s Plat of Valley View Acres from RSF-4, Residential Single Family, 4 Units Per Acre and R-O , Residential Office, to C-2, Thoroughfare Commercial. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. This item was tabled at the August 2, 2005 City Council meeting until the August 16, 2005 City Council Meeting. THIS ITEM WAS TABLED TO SEPTEMBER 6, 2005 CITY COUNCIL MEETING PER HANNAH McNEIL, PROJECT MANAGER. 2, R-PZD 05-1463 (Oakbrooke Subdivision): An ordinance establishing a residential planned zoning district titled R-PZD 05- 1463, Oakbrooke Phase I, located west of Rupple Road and east of Bridgeport Subdivision, containing approximately 20.9 acres, amending the Official Zoning Map of the City of Fayetteville; and adopting the associated Residential Development Plan as approved by the Planning Commission. This item was left on the first reading at the July 19, 2005 City Council meeting. This item was left on the second reading at the August 2, 2005 City Council meeting. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org • THIS ITEM WAS TABLED TO THE SEPTEMBER 6, 2005 CITY COUNCIL MEETING LEAVING THE ORDINANCE ON THE THIRD READING. 3. R-PZD 05-1555 (Oakbrooke Subdivision): An ordinance establishing a Residential Planned Zoning District titled R-PZD 05- 1555, Oakbrooke Phase II, located west of Rupple Road and east of Bridgeport Phase II, containing approximately 11 .5 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This item was left on the second reading at the August 2, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE SEPTEMBER 6, 2005 CITY COUNCIL MEETING LEAVING THE ORDINANCE ON THE SECOND READING. 4. ANX 05-1580 (Sloan Properties): An ordinance annexing that property described in Annexation Petition ANX 05- 1580 for property located at Hunt Lane, south of Highway 16 East containing 31 .59 Acres. This item was left on the second reading at the August 2, 2005 City Council meeting PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4741 . 5. RZN 05-1581 (Sloan Properties): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1581 for approximately 31 .59 acres located at Hunt Lane, south of Highway 16 east from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4-Units Per Acre. This item was left on the second reading at the August 2, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4742. 6. Solid Waste and Recycling Services-City of Elkins: A resolution authorizing City staff to enter into negotiations with the City of Elkins, Arkansas to provide Solid Waste & Recycling Services to the City of Elkins, Arkansas. This item was tabled at the August 2, 2005 City Council Meeting until the August 16, 2005 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. C. NEW BUSINESS: 1. Hay Group Salary and Benefits Survey Contract: An ordinance waiving the requirements of formal competitive bidding; and approving a contract with Hay Group, Inc. in the amount of $28,000.00 to accomplish the Salary and Benefits Survey Project; and approving a travel contingency not to exceed $ 1 ,600.00. THIS ITEM WAS TABLED TO THE SEPTEMBER 6, 2005 CITY COUNCIL MEETING. 2. HMR Tax Revision: An ordinance amending § § 35 . 19 & 35.30 to change the definition of concession stands as it pertains to the collection of HMR tax. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE TO BE FORWARDED TO THE ORDINANCE REVIEW COMMITTEE. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettev ille.org 6 • 3. ANX 05-1603 (Lane): An ordinance annexing that property described in Annexation Petition ANX 05- 1603 for property located north of Huntsville Road (Highway 16 East) and Deerfield Way containing approximately 5 .3 acres: PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4743, 4. RZN 05-1604 (Lane): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1604 for approximately 1 .6 acres located north of Huntsville Road (Highway 16 East) and Deerfield Way from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 Units Per Acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4744, 5. ADM 05-1663 (Nelson Crossing): A resolution approving a variance from Chapter 167 Tree Preservation and Protection in the manner recommended by the Planning Commission for Large Scale Development (LSD) 05- 1593 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 166-05, 6. Multi-Craft Contractors, Inc. Rehabilitation Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Multi-Craft Contractors, Inc. in the amount of $27,554.00 to provide emergency rehabilitation to the effluent filtering system at the Noland Wastewater Treatment Plant; approving a contingency in the amount of $2,446.00; and declaring an emergency. PASSED WITH AN EMERGENCY CLAUSE AND SHALL BE RECORDED AS ORDINANCE NO, 4745, D. INFORMATIONAL: Council Tour: NONE MEETING ADJOURNED AT 7:55 P.M. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi I le.org City Council Meeting August 16, 2005 • �( I C« ` n VK171t Subject: /C / Motion To: Motion By: Seconded: Lucas Jordan Reynolds Thiel Cook ✓' Marr Rhoads ✓ Ferrell Mayor Coody � - v Subject: CO i1st Motion To: Motion By: Seconded: �� ar Lucas Jordan Thiel Cook Marr c Rhoads <f� Ferrell ✓ Mayor Coody ("o � �� A� 0 0 0 City Council Meeting August 16, 2005 Subject: ?IQAAI &14 ( d Motion To: T6,�-Le-611 OS Motion By: Seconded: Lucas Jordan Thiel ( ✓ Q � I Cook ✓ 1 � Alarr Rhoads Ferrell ✓ Mayor Coody Subject: — P Motion To: ^ —I 6'&,C"( Motion By: /VL Seconded: / cc Ali Lucas Jordan « l Thiel I/ !I Cook Marr Rhoads ✓ i/ (P/ / Ferrell Mayor Coody � Un 7'0 �7 � D APa � tia � • • City Council Meeting August 16, 2005 Subject: _ 1✓ J +v Motion To: 46" UVO qAr Motion By: Seconded: 4talry Lucas ✓ Jordan Un�b� I Thiel Cook Marr S� Rhoads Ferrell rF kC Mayor Coody Subject: AN X �S _ aT �' b — Motion To: � Motion By: Seconded: B ` , I Lucas I`�Y`� Jordan ✓ f lXM1 h Thiel i/ ✓ Cook V. Al Marr Rhoads �^ Ferrell 1 I Mayor Coody 0 0 City Council Meeting August 16, 2005 Subject: Motion To: JL if l 1 � Motion By: Seconded: Lucas ✓ t✓ J ordan ,/ ✓ Thiel Q Cook � ✓ Marr ✓ ✓ Rhoads Ferrell c� Mayor Coody Subject: �`G� / � c GLS Motion To: Motion By: Seconded: Lucas ordan l Thiel / Cook Marr I/ Rhoads Ferrell a� Mayor Coody � - D 0 0 City Council Meeting August 16, 2005 Subject: Motion To: Orczz 7' Motion By: Seconded: Lucas i lit) Jordan ( dil\Cd/J Thiel �Lts w� Cook �� Or Marr rp� Rhoads IC Ca d Ferrell Mayor Coody Subject: _' pp Oe I � S � Motion To: ��4ltt/c -/C U � Motion By: Seconded: 0 Lucas N � Jordan 6)4; "A&3 eynlr oTdS— n Thiel � f Iy" yj,�I Cook f' Tn�Q d', i Marr f I� Rhoads c- Derrell O Mayor Coody City Council Meeting August 16, 2005 Subject: 14N ( I Motion To: 653 A, 01 Motion By: Seconded: �O 3 Lucas NJordan ✓ �/ 16 (MfAW- Reynlort& CA Thiel i/ ✓ ✓ Cook / Al Marr ✓ ,i Al PRhoads ✓ ( f 3 Ferrell ✓ Mayor Coody Subject: l \ 2 N 05 �1�,eL (A .P Motion To: Motion By: Seconded: Lucas � t au✓ t/ v 1 Jordan IV U4, ow Thiel Cook J P Marr Rhoads �/ f Ferrell Mayor Coody 0 0 City Council Meeting August 16, 2005 Subject: /-� D Al Motion To: Motion By: tL� Seconded: Lucas q v V ,`.�' 1 Jordan lVy- no s Thiel ✓ Cook ^ Marr ILJn Rhoads IU`I�"t EY errell Mayor Coody Subject: i Motion To: Motion By: Seconded: n / / Lucas Ci / (Q Jordan Thiel ✓ / / ,/ Cook �J 4)4� Marr J Rhoads ✓ ✓ I�YU U Ferrell / ✓ �/ Mayor Coody Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda "rhiel Ci Attorney Kit Williams Ward 2 Position I - Kyle B. Cook City y Ward 2 Position 2 - Don Marr eTayvle Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 16, 2005 A meeting of the Fayetteville City Council will be held on August 16, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1 . Approval of the August 2, 2005 City Council meeting minutes. 2. Survey & Research Center Proposal Approval: A resolution approving a proposal from the Survey Research Center (SRC) at the University of Arkansas in the amount of $29,312.05 with a not-to-exceed cost of $30,000.00 for the development and implementation of a citizen survey; and approving a budget adjustment in the amount of $5,000.00. 3. Broker of Record/Benefits Consulting Services Contract: A resolution approving an of Record/Benefits Consulting Services for 2005-2006 with four 1 -year renewal options. 4. Clela B. Stroud Water Agreement: A resolution to approve an agreement with the Clela B. Stroud Trust in which the City agrees to provide adequate domestic water to the trust land and the trust agrees to pay the City $40,000.00 as its cost share and remove a reversion clause in the land upon which the City's water tank is located. 5. WL4 Easement Purchase: A resolution approving a lump sum allocation in the amount of $457,750.00 for the purchase of easements required for the construction of Gravity Sewer Lines from the Gregg Avenue Lift Station to the New Hamestring Lift Station/Wastewater System Improvements Project (WSIP) WL-4; and approving a 10% contingency in the amount of $45,775.00. 113 West Mountain 72701 (479) 521 -7700 (479) 575-5257 (Fax) accessfayetieville.org 6. Botanical Gardens Grant Request to Arkansas Parks & Tourism: A resolution authorizing the Fayetteville Parks and Recreation Division in conjunction with the Botanical Garden Society of the Ozarks to apply for an Arkansas Parks and Tourism Outdoor Recreation Grant in the amount of two hundred fifty thousand dollars ($250,000.00) for the construction of Phase 1 A of the Botanical Gardens. 7. Federal Aviation Administration Grant Acceptance: A resolution authorizing the Fayetteville Municipal Airport staff to accept a grant in the amount of $ 116,605.00 from the Federal Aviation Administration and the Arkansas Department of Aeronautics to fund an Airport Master Plan update. B. UNFINISHED BUSINESS: 1. Planning Commission Appeal (HondaPro): A request to appeal the Planning Commission's motion to deny rezoning request RZN 05- 1524 rezoning Lots 14, 15 and 16 of the Parker's Plat of Valley View Acres from RSF-4, Residential Single Family, 4 Units Per Acre and R-O , Residential Office, to C-2, Thoroughfare Commercial . This item was tabled at the July 19, 2005 City Council meeting until the August 2, 1005 City Council meeting. This item was tabled at the August 2, 2005 City Council meeting until the August 16, 2005 City Council Meeting. 2. R-PZD 05-1463 (Oakbrooke Subdivision): An ordinance establishing a residential planned zoning district titled R-PZD 05- 1463, Oakbrooke Phase I, located west of Rupple Road and east of Bridgeport Subdivision, containing approximately 20.9 acres, amending the Official Zoning Map of the City of Fayetteville; and adopting the associated Residential Development Plan as approved by the Planning Commission. This item was left on the first reading at the July 19, 2005 City Council meeting. This item was left on the second reading at the August 2, 2005 City Council meeting. 3. R-PZD 05-1555 (Oakbrooke Subdivision): An ordinance establishing a Residential Planned Zoning District titled R-PZD 05-1555, Oakbrooke Phase II, located west of Rupple Road and east of Bridgeport Phase II, containing approximately 11 .5 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This item was left on the second reading at the August 2, 2005 City Council meeting. 4. ANX 05-1580 (Sloan Properties): An ordinance annexing that property described in Annexation Petition ANX 05- 1580 for property located at Hunt Lane, south of Highway 16 East containing 31 .59 Acres. This item was left on the second reading at the August 2, 2005 City Council meeting. 5. RZN 05-1581 (Sloan Properties): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1581 for approximately 31 .59 acres located at Hunt Lane, south of Highway 16 east from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4-Units Per Acre. This item was left on the second reading at the August 2, 2005 City Council meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi l l e.org • • 6. Solid Waste and Recycling Services-City of Elkins: A resolution authorizing City staff to enter into negotiations with the City of Elkins, Arkansas to provide Solid Waste & Recycling Services to the City of Elkins, Arkansas. This item was tabled at the August 2, 2005 City Council Meeting until the August 16, 2005 City Council meeting. C. NEW BUSINESS: 1 . Hay Group Salary and Benefits Survey Contract: An ordinance waiving the requirements of formal competitive bidding; and approving a contract with Hay Group, Inc. in the amount of $28,000.00 to accomplish the Salary and Benefits Survey Project; and approving a travel contingency not to exceed $ 1 ,600.00. 2. HMR Tax Revision: An ordinance amending § § 35. 19 & 35.30 to change the definition of concession stands as it pertains to the collection of HMR tax. 3. ANX 05- 1603 (Lane) : An ordinance annexing that property described in Annexation Petition ANX 05- 1603 for property located north of Huntsville Road (Highway 16 East) and Deerfield Way containing approximately 5.3 acres. 4. RZN 05-1604 (Lane): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1604 for approximately 1 .6 acres located north of Huntsville Road (Highway 16 East) and Deerfield Way from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 Units Per Acre. 5. ADM 05-1663 (Nelson Crossing): A resolution approving a variance from Chapter 167 Tree Preservation and Protection in the manner recommended by the Planning Commission for Large Scale Development (LSD) 05- 1593 . 6. Multi-Craft Contractors, Inc. Rehabilitation Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Multi-Craft Contractors, Inc. in the amount of $27,554.00 to provide emergency rehabilitation to the effluent filtering system at the Noland Wastewater Treatment Plant; approving a contingency in the amount of $2,446.00; and declaring an emergency. D. INFORMATIONAL: Council Tour: NONE 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org A. 7 {// �igleral Aviation Administration City of Fayetteville 4 ,(/�J—� Grant Acceptance Page 1 of 42 Staff Review Form City Council Agenda Items or Contracts 8/16/2005 City Council Meeting Date Ray M. Boudreaux Aviation & Economic Development General Government Submitted By Division Department Action Required: Action Required: Approve a Grant Agreement with US Dept of Transportation ! Federal Aviation Administration (DOT/FAA), in the amount of $116,605.00 for "Aiport Master Plan Update". Contact: Don Harris, FAA Project Manager, FAA ASW 631 , 2601 Meacham Blvd, Ft Worth, TX, 76137-4298 Phone: 817-222-5634 office, 817-222- 5987 fax, don.harris@faa.gov. REVENUE $ 1169605.00 $ l (ppm, Airport Master Plan Update Cost of this request Category / Project Budget Program Category / Project Name 5550.0955.6820.33 $ o Capital Account Number Funds Used to Date Program / Project Category Name 1 05029.1 $ ( Cf bv 'a Airport Project Number Remaining Balance - Fund Name Budgeted Item E7 Budget Adjustment Attached P vious Ordinance or Resolution # 66-05 Department Director at Original Contract Date: Original Contract Number: City Attorney Da Received in City Clerk's Office S� D� Finan and fhternaYService Director ate — Received in Mayor's Office JZ 4:'Or f r le Comments: City Council Meeting or.d�Tl`�)6c Administration rant Acceptance , Agenda Item Number: Page 2 of 42 CITY COUNCIL AGENDA MEMO TO: Mayor and City Council THRU: Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Economic Development DATE: August 5, 2005 SUBJECT: Approve a Grant Agreement with the Dept of Transportation / Federal Aviation Administration (DOT/FAA), in the amount of$116,605 for Airport Master Plan Update. RECOMMENDATION: Approve the Grant Agreement BACKGROUND: The City Council Resolution # 66-05, dated 4/5/05, approved the DOT/FAA Grant application and Task Order to McClelland Consulting Engineers to produce an Airport Master Plan Update., Total project cost is $122,742.00. The FAA grant will cover 95% of the total project cost and the State Department of Aeronautics Grant will cover the remaining 5%. DISCUSSION: The Airport Master Plan Update will, through extensive research and analysis, identify and examine the role of the airport within the region's system of airports, and formulate a strategic plan and program that bests represents the goals of the community and airport and sets forth a realistic and achievable direction and plan of action for the development of the airport and its environs. Time is of the essence. The grant must be signed and received by the FAA by August 24, 2005. BUDGET IMPACT: The project is 100% funded by grants form the DOT/FAA and the- Arkansas Department of Aeronautics. Attachments: Staff Review Form Resolution 66-05 Grant Agreement 1 Original, 1 File Copy Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director A. 7 Federal Aviation Administration Grant Acceptance Page 3 of 42 RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE MUNICIPAL AIRPORT STAFF TO ACCEPT A GRANT IN THE AMOUNT OF $116,605.00 FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND AN AIRPORT MASTER PLAN UPDATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayettev• a s hereby authorizes the Fayetteville Municipal Airport staff to = in the amount of $116,605.00 from the Federal Aviation tion d the Arkansas Department of Aeronautics to fund an A• aster Plan U te. PASSED and APPROVED this 16 of Au 444 PRO B AN COODY, Mayor A • • .. • - Federal Av Gr 9 of ce .-..-. _ A 7 42 _" ' '` AviationAdminiStration Grant Acceptance Page 4 i �y RESOLUTION NO. 66- 05 A RESOLUTION TO APPROVE TASK ORDER #5 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $122,742.00 . TO PRODUCE AN AIRPORT MASTER PLAN AND TO APPROVE APPLICATIONS FOR GRANT FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT OF $122,750.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'T'Y OF ` FAYETTEVHLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order 95 to the contract with McClelland Consulting Engineers, Inc, in the amount of $122,742.00 to produce an Airport Master Plan and approves applications for grant funding from the FAA and Arkansas Department Of Aeronautics to pay for this project, and approves a budget adjustment of$122,750.00 as attached. PASSED and APPROVED this 5thday of April, 2005. ` APPROVED: . E *c ' \fY O� •G�i ^U:go : FAYEITEVILLE; ' By: 0 :� D4CI5Y, Mayor .. ATTEST: q:�'RAtJSP�J�' TO $y: &61 SONDRA SMITH, City Clerk AUG-05-2005 FRI 10 : 23 An FAY, NUN, AIRPORT 4797187646 Federal Aviall /1oUlstralon r$Y Grant Acceptance Page 5 of 42 i i U.& Deportment Federal Aviation Administration Fort Worth, Texas 76103-063o of Transportation Southwest Region, Airporls Division Federal Aviation Arkansas/Oklahoma Airports Development Office . Administration August 2, 2005 AUG 0 4 82005 The Honorable Dan Coady Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: The Federal Aviation Administration (FAA) is enclosing two copies of the Grant Offer for Airport Improvement Program (AIP) Project No.3-05-0020-033-2005 for Fayetteville Municipal (Drake Field). The governing body of the Sponsor must pass a resolution to accept, your attorney must certify, and you must execute the Grant Offer by August 249 2005, to be valid. After execution, please return the Grant Offer marked original to us. The second copy is for your files. Please note that Grant Condition No. 4 requires you to complete the project without undue delay to promote better stewardship of limited AIP funds. We further direct your attention to Condition No. 9. Under this grant and all future grants, your airport is authorized to use the Letter of Credit (IAC) method for securing reimbursements directly from the Federal Treasury for completed work. A number of the airports have successfully implemented this practice and it is being extended to you to pmmete ffeallef efficimtey of jesomucs. We will to long" need to fulow M process interim project payments, but will monitor your progress from weekly Construction Progress Reports (FAA Form 5370-1) and quarterly LOC Federal Cash Transactions Report (Standard Form 272). When you complete your project, your program manager will need your statement and distribution of the project costs to close this project. Please contact Mr. Tim Riley at (405) 954-2272 for assistance establishing the LOC for this project. Until the FAA closes the grant, we ask that you make a LOC draw for incurred project expenses every 30 days. Also, we must receive a LOC "Federal Cash Transactions Report" by October 31 for all amassed grant costs through September 30 to promote a Federal fiscal year-end grant accounting, AUG-05-2005 FRI 10 : 24 AH *FAY. HUN, AIRPORT 4797187646 P. 02 A. 7 Federal Aviation Administration Grant Acceptance Page 6 of 42 2 We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Edward N. Agnew Manager, Arkansas/00o a Airport Development ice Enclosure (2) - -------------- 0 0 iA. 7 Federal Aviation Administration Grant Acceptance Page 7 of 42 I U.S. Department - ,.�,,.._ of Transportation Ori i� nal Federal Aviation � lWry�!' Administration GRANT AGREEMENT PART I — OFFER August 2, 2005 Date of Offer Fayetteville Municipal (Drake Field) 3-05-0020-033-2005 Airport/Planning Area Grant No 134398903 DUNS No TO: City of Fayetteville (herein called the "Sponsor') FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 7, 2005, for a grant of Federal funds for a project at or associated with Fayetteville Municipal (Drake Field), which Project . Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Airport Master Plan Update all as more particularly described in the Project Application. FAA Form 5100.37 (10.89) Page t of 4 A. 7 Federal Aviation Administration Grant Acceptance , Page 8 of 42 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1 . The maximum obligation of the United States payable under this Offer shall be $116,605.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $116,605.00 for planning 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will.be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 24, 2005, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. r j FAA Form 5100-37 (10-89) Page 2 of 4 A. 7 Federal Aviation Administration Grant Acceptance Page 9 of 42 10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the - maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11 . MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 12. COORDINATION: The Sponsor agrees to coordinate this master planning study with the metropolitan , planning organizations, other local planning agencies,-and with the State Airport System Plan prepared by the State's Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to fumislLa copy of the final report to the State's Department of Transportation. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Sign ure) Edward N. gnew (Typed Name) Manager, Arkansas/Oklahoma Airports Development Office (rue) FAA Form 5100-37 (10-89) Page 3 of 4 A. 7 Federal Aviation Administration Grant Acceptance Page 10 of 42 PANTII - ACCEPTANCE � The Sponsor does hereby ratify and adopt,all assurances, statements, representations, warranties, „ covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed thisday of 2005. City of Fayetteville Name of S sor) (SEAL) (Signature of Sponsor's Designat tial Representative) By: (Typed Name of Sponsor's DeftQaled icial Representative) Title: Attest: (Typed Title of Sponsors Designated Official Representative) Tltle: CERTIFICATE OF SPONSOR'S ATTORNEY i, acting as Attorneyfdr the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performanoe by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of - 2005. By (Signature of Sponsor's Attorney) '., FAA Form 5100-37 (10-89) Page 4 of 4 i A. 7 Federal Aviation Administration APPLICATION FOR 2. DATESUBNITTED Grant A 3 FEDERAL ASSISTANCE July2005 App�mMe�aa FYD52130 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Menafier pplilation Preapplication A Construction ❑ COnst=tion 4. DATE CEIVEf BY FEDERAL AGENCY Federal ldenfifier ❑ Non-Construction ❑ Non-Construction 7 9/� S 3-05-0020-033-2005 5. APPLICANT INFORMATION Legal Name: Or ani2ational unit:City of Fayetteville Department: Airport Department organisational DUNS: / 3 g 3 9 6 90 3 7/.71/ds DFi Division: Address" Name and telephone number of person to be contacted on Street 4500 S. School, Suite F matters involving this application (give area code) Prefix: Mr. First Name: May City. Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas zip Code: 72701 - Suffix: Director of Aviation Country : United States Email: rboudreaux@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EINE: Phone number (give area code): FAX number (give area code): 7 1 6 0 1 8 4 6 2 476-718-7642 479-718-7646 B. TWE OF APPLICATION: 1. TYPE OF APPLICANT: (See back of form for Application Types) ® Now ❑ Continuation ❑ Revision FC I II Revision, enter approglate mtter(S) in be%(eSy. ❑ Other (specify) (see back of form for description of letters) 9. NAME OF FEDERAL AGENCY Other (specify) FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: ;0. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Master Plan Update for FY 0 . 0=6_ Fayetteville Municipal Airport TITLE- 12. AREAS AFFECTED BY PROJECT (cJDes, mantles, shares, etc.): Washin ton County, Arkansas . 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project June 2005 Jul 2006 Third Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Fede21 S 116,605 uu a. Yes. ❑ THIS PREAPPLICATIONIAPPLICATION WAS MADE b Applicant f AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON - Q Stam s 61137 'wu DATE: it. Local S b. No. Q PROGRAM IS NOT COVERED BY E. 0. 12372 e. Other FOR L Prcerarninoame = wu REVIEW 17. Is THE APPUCANI DELINQUENT ON ANY FEDERAL DEBT? g TOTAL S 1229742 []Yes If Nese attach an mpmnatim ® No 15, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. Fust Name Dan - Last Name Coo Suffix b. Title Mayr C. Telephone number (give area code) 1. Signature Rep 479-575 8330 e. Date Signed du y , 005 Pmv�k" Edi Autlhlvimd for Lacy RepoduUion Standard Form 424 (Rev.&2003) Prescebed DY OMB Circular A-102 r A. 7 Federal Aviation Administration U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION AN OMB � PART II PROJECT APPROVAL INFORMATION ^ SECTION A Item 1 . Name of Governing Body Does this assistance request require State, local, regional, or other priority rating? _ Primary Rating Yes X No Item 2. Name of Agency or Does this assistance request require State, or local Board advisory, educational or health clearances? _Yes X (Attach Documentation) No Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No Item 4. Name of Approving Agency Does this assistance request require State, local, � regional or other planning approval? Date Yes L_No Item 5. Check one: State o Is the proposal project covered by an approved Local 0 4 comprehensive plan? I Regional o —Yes X No Location of Plan Item 6. Name of Federal Installation Will the assistance requested serve a Federal installation? Federal Population benefiting from Project Yes X No Item 7. Name of Federal Installation Will the assistance requested be on Federal land or installation? Location of Federal Land Yes X No Percent of Project Item 6. See instruction for additional information to be Will the assistance requested have an impactor effect provided on the environment? _Yes X No Item 9. 1 Number of: Will the assistance requested cause the displacement of Individuals. individuals families, businesses, or farms? Families. Yes X No Businesses. Farms. Item 10. See instructions for additional information to be Is there other related Federal assistance on this project previous, pending, or anticipated? provided. Yes X No ��- FAA Form 51OD-100 (6-73) SUPERSEDES FAA FORM 5100.1- PAGES 1 THRU 7 Page 2 A. 7 Federal Aviation Administration Grant Acceptance Page 13 of 42 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R9I09 PART D - SECTION C The Sponsor hereby represents and certifies as follows: 1 . Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607 which regulates and restricts all land use activities in the.vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land' which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A The Sponsor holds fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved under previous projects. Status has not changed since approval. Land and easements acquired under All) 3-0020-05-11 & 15 include easements, Tracts C. D, F, Jr G. and K; Fee Simple Tract D. E, and H. Slate character ofproperty interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests ofevery kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. . FAA Form 5100-100 (4-76) Page 3a A. 7 Federal Aviation Administration Grant Acceptance Page 14 of 42 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209 PART II - SECTION C (Continued ) ' The Sponsor fiuther certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property trap designated as Exhibit "A": None. (C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests oferery kind �\ and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the ! 3p property map. FAA Form 5100.100 (4-76) Page 3b FAA AC 81-06913 A. 7 Federal Aviation Administration FEDERAL AVIATION U.S. DEPARTMENT OF TRANSPORTATION - FEDERAVIATION ADMINISTRATION OMB NOe80-R0184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1 . Federal Domestic Assistance Catalog No................................. 20.106 2. Functional or Other Breakout ..................................................... SECTION B -CALCULATION OF FEDERAL GRANT Use only for revisions . Cost Classification Latest Total Approved Adjustment Amount Amount + or (-) Required 1. Administration expense $ $ $ 2. . Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees (Master Plan) $122,742 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development .. - 8. Relocation Expenses 9. Rebcation payments to Individuals and Businesses 10. Demolition and removal 11 . Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income.(if applicable) 16. -Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: GGRORgeneieg 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 122v742 20. Federal Share requested of Line 19 116,605 21 . Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 1169605 23. Grantee share 24. Other shares (Ark Dept "of Aeronautics) 6,137 25. Total Project (Lines 22, 23 & 24) $ $ $ 122,742 FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 0 A. 7 Federal Aviation Administration U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINWrRATION OM� SECTION C - EXCLUSIONS Classwtion Ineligible for Excluded From Contingency Provision Participation (2) 1 a. $ $ b. C. d. e. f. 9. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages C. Appropriations (By Applicant) d. Bonds e. Tax Levies _• If. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares $ 6,137 a. State b. Other c. Total Other Shares 29. TOTAL $ 69137 SECTION E - REMARKS Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A. Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5