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)
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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)
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•
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)
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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)
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City Council Meeting August 16, 2005 • �( I C« `
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City Council Meeting August 16, 2005
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City Council Meeting August 16, 2005
Subject:
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City Council Meeting August 16, 2005
Subject: 14N ( I
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City Council Meeting August 16, 2005
Subject: /-� D Al
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IU`I�"t EY errell
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Ci / (Q Jordan
Thiel ✓ / / ,/
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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
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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
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Federal Aviation Administration
Grant Acceptance ,
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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.
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j FAA Form 5100-37 (10-89) Page 2 of 4
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Federal Aviation Administration
Grant Acceptance
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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
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Federal Aviation Administration
Grant Acceptance
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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
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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
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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
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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
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Federal Aviation Administration
Grant Acceptance
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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
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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
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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