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HomeMy WebLinkAbout2010-04-06 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Ward I Position 2—Brenda Thiel City Attorney Kit Williams /T1 Ward 2 Position 1—Kyle B.Cook V Ward 2 Position 2—Matthew Petty City Clerk Sondra SmithTayeWard 3 Position I—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting April 6, 2010 A meeting of the Fayetteville City Council will be held on April 6, 2010 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements,Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the March 16, 2010 City Council meeting minutes.APPROVED 2. Amend Resolution No. 138-06 Comprehensive Market Survey: A resolution amending Resolution No. 138-06 to delay the requirement to perform a Comprehensive Market Survey from 2010 to 2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 48-10 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDITTY(479)521-1316 3. Pressure Point Control Tactics Training Class: A resolution amending the 2010 City Budget by approving a budget adjustment to authorize expenditures and recognize revenue in a total amount of$640.00 related to a Fayetteville Police Department Pressure Point Control Tactics Training Class. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 49-10 4. Wildlife Hazard Assessment Grants: A resolution authorizing application and approving acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of$58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport-Drake Field, and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 50-10 5. Loomacres Wildlife Management: A resolution approving a contract with Loomacres Wildlife Management in the amount of$58,109.00 for the provision of a Wildlife Hazard Assessment at the Fayetteville Executive Airport-Drake Field, contingent on the award of grant funds for the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 51-10 6. Kearney-National Inc. and/or Cooper Power Systems Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Kearney-National Inc. and/or Cooper Power Systems needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 52-10 7. Amend Police Department Policies: A resolution approving amendments to Fayetteville Police Department Policies 12.2.1, Policies Procedures & Rules Development and Review; 22.3 Secondary Employment; 52.1.1, Office of Professional Standards; 61.2 Collision Investigation and 71.1.1, Detainee Transport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 53-10 8. Fayetteville Forward Event: A resolution to approve the attached budget adjustment of $6,600.00 for the April, 2010 Fayetteville Forward Event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 54-10 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDlTTY(479)521-1316 B. Unfinished Business: 1. Amend Chapter §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market by allowing an extra hour of operation(until 2:00 p.m.)on Saturdays and to allow operation from 4:00 p.m. until dark during First Thursday Events. This ordinance was left on the First Reading at the March 16, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5309 C. New Business: 1. Rock Street Parking, LLC: A resolution approving a contract for the purchase of a sixty-four space parking lot located on the southeast comer of Block Avenue and Rock Street from Rock Street Parking, LLC in the amount of $342,000.00 plus applicable closing costs, and approving a budget adjustment of$343,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-10 2. Amend Chapter §97.086 Vending and Peddling: An ordinance to amend §97.086 Vending and Peddling of Chapter 97 Parks and Recreation of the Fayetteville Code to allow the Farmers Market to operate in Lake Fayetteville Park. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5310 3. C B & 1, Inc. Bid #10-17: A resolution awarding Bid #10-17 and approving a contract with C B &I, Inc. in the amount of$1,551,000.00 for construction of a 500,000 gallon elevated water storage tank, approval of a $49,000.00 contingency, and approval of a budget adjustment in the amount of$1,600,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-10 4. Form-Based Zoning Districts: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville to modify existing and create new use units and Form- Based Zoning Districts that permit administrative development approval and to create design standards for said districts. LEFT ON THE FIRST READING 5. NEC, Inc. and H2 Engineering,Inc.: An ordinance waiving the requirements of formal competitive bidding and approving contracts with NEC, Inc. and H2 Engineering, Inc. in the total amount of $30,690.63 for sewer improvements at Veterans Memorial Park, approving a project contingency of$4,404.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5311 Announcements: 1. Form Based Code Workshop: April 5,2010 Room 326 at 4:30 p.m. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDMY(479)521-1316 Adjournment: 8:58 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will dimr4your comments to the me^r znriata oleeted n/f:eia4 staamember or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain,Fayetteville,Arkansas. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 aocessfayetteville.org Telecommunications Device for the Deaf TDDliTY(479)521-1316 City Council Meeting: April 6, 2010 Adjourn: S 10 Subject: Roll Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan City Council Meeting: April 6,2010 Subject: Consent Motion To: Motion By: Seconded: Ferrell Lucas Lewis pa 5 S ed Gray �— Thiel ►yl;nAeS Cook 4preged Petty 4�- 10 Rhoads ✓ Wtxl- i � Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan City Council Meeting: April 6,2010 Subject: Amend Chapter§114.02 Farmers' Market Motion To: Am end cMd RA ZaseciimaA ;.5 kc�sror Motion By: 6 Maw Seconded: IJ © aC'.t pis, B. 1 Ferrell i/ ✓ you Jam�w Unfinished Lucas Business Lewis Gray r/ Thiel ✓ (� D Cook Petty Rhoads Mayor Jordan Subject: NV, GQ l�Ve lIq , 6a F'dAA Motion To: Motion By: od Id Seconded: ko6-JA Ferrell Lucas Lewis / ✓ ,/ u�Q 3/3 Gray „/ ✓ Thiel ✓ ✓ ,/ Cook Petty ,/ Al Rhoads Mayor Jordan City Council Meeting: April 6,2010 Subject: aa Ma"1 Motion To: L� Motion By: 1` Seconded: p I Ferrell I Lucas Lewis � Gray Thiel C�4 Cook f Petty o/ 5�v l Rhoads Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan City Council Meeting: April 6,2010 Subject: Rock Street Parking,LLC Motion To: Motion By: Seconded: C. 1 Ferrell New Lucas Business Lewis Gray ✓ r/ Thiel P Cook Petty ✓ l/ Rhoads Mayor Jordan Subject: Amend Chapter 97.086 Vending and Peddling Motion To: �, m�1 J Z Motion By: lemiji Seconded: Lei LccA C. 2 Ferrell ,/ New Lucas ✓ ✓ Business Lewis Gray ✓ ✓ ✓ 5 I Thiel ✓ ✓ Cook ✓ ✓ Petty ✓ i/ Rhoads Mayor Jordan City Council Meeting: April 6, 2010 Subject: C B & I,Inc. Bid#10-17 Motion To: Motion By: Seconded: C. 3 Ferrell New Lucas Business Lewis Gray _ _ f Thiel �— Cook ✓lQ� �� Petty aP�vl Rhoads ✓ Mayor Jordan �-O Subject: Form-Based Zoning Districts Motion To: Motion By: Seconded: C.4 Ferrell New Lucas Business Lewis �Q Gray Thiel Cook Petty rl�r Rhoads ((�� Mayor Jordan City Council Meeting: April 6,2010 Subject: NEC,Inc. and H2 Engineering, Inc. Motion To: r 0 Motion By: J rf I Seconded: "C#A, C. 5 Ferrell f New Lucas Business Lewis �^ Gray �/ �✓ ✓ Thiel fCook , �% �/ ✓ Petty �. ,� ✓ 6HRhoads Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney_( ---- DATE: April 7, 2010 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of April 6, 2010 1. Amend Resolution No. 138-06 Comprehensive Market Survey: A resolution amending Resolution No. 138-06 to delay the requirement to perform a Comprehensive Market Survey from 2010 to 2012. 2. Pressure Point Control Tactics Training Class: A resolution amending the 2010 City Budget by approving a budget adjustment to authorize expenditures and recognize revenue in total amount of $640.00 related to a Fayetteville Police Department Pressure Point Control Tactics Training Class. 3. Wildlife Hazard Assessment Grant: A resolution authorizing application and approving acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport-Drake Field, and approving a budget adjustment recognizing the grant revenue. 4. Loomacres Wildlife Management: A resolution approving a contract with Loomacres Wildlife Management in the amount of $58,109.00 for the provision of a Wildlife Hazard Assessment at the Fayetteville Executive Airport-Drake Field, contingent on the award of grant funds for the project. 5. Kearney-National Inc. and/or Cooper Power Systems Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Kearney-National Inc. and/or Cooper Power Systems needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport. 6. Amend Police Department Policies: A resolution approving amendments to Fayetteville Police Department Policies — 12.2.1 Policies, Procedures & Rules Development and Review; 22.3 Secondary Employment; 52.11 Office Of Professional Standards; 61.2 Collision Investigation and 71.1.1 Detainee Transport. 7. Fayetteville Forward Event: A resolution to approve the attached budget adjustment of$6,600.00 for the April, 2010 Fayetteville Forward Event. 8. Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market by allowing an extra hour of operation (until 2:00 p.m.) on Saturdays, to ensure the public's free access to the sidewalks and to confirm that city laws and regulations prevail over Farmers' Market policies. 9. Rock Street Parking, LLC: A resolution approving a contract for the purchase of a sixty-four space parking lot located on the southeast corner of Block Avenue and Rock Street from Rock Street Parking, LLC in the amount of $342,000.00 plus applicable closing costs, and approving a budget adjustment of$344,000.00. 10. Amend §97.086 Vending and Peddling: An ordinance to amend §97.086 Vending and Peddling of Chapter 97 Parks and Recreation of the Fayetteville Code to allow the Farmers' Market to operate in Lake Fayetteville Park.: 11. CB&I, Inc. Bid #10-17: A resolution awarding Bid #10-17 and approving a contract with CB&I, Inc. in the amount of $1,551,000.00 for construction of a 500,000 gallon elevated water storage tank, approval of a $49,000.00 contingency, and approval of a budget adjustment in the amount of$1,600,000.00. 12. NEC, Inc. & H2 Engineering, Inc. An ordinance waiving the requirements of formal competitive bidding and approving contracts with NEC, Inc. and H2 Engineering, Inc. in the total amount of $30,690.63 for sewer improvements at Veterans Memorial Park, approving a project contingency of$4,404.00 and approving a budget adjustment. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting April 6, 2010 A meeting of the Fayetteville City Council will be held on April 6, 2010 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the March 16, 2010 City Council meeting minutes. 2. Amend Resolution No. 138-06 Comprehensive Market Survey: A resolution amending Resolution No. 138-06 to delay the requirement to perform a Comprehensive Market Survey from 2010 to 2012. 3. Pressure Point Control Tactics Training Class: A resolution amending the 2010 City Budget by approving a budget adjustment to authorize expenditures and recognize revenue in a total amount of$640.00 related to a Fayetteville Police Department Pressure Point Control Tactics Training Class. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Wildlife Hazard Assessment Grants: A resolution authorizing application and approving acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of$58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport-Drake Field, and approving a budget adjustment recognizing the grant revenue. 5. Loomacres Wildlife Management: A resolution approving a contract with Loomacres Wildlife Management in the amount of$58,109.00 for the provision of a Wildlife Hazard Assessment at the Fayetteville Executive Airport-Drake Field, contingent on the award of grant funds for the project. 6. Kearney-National Inc. and/or Cooper Power Systems Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Kearney-National Inc. and/or Cooper Power Systems needed for the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport. 7. Amend Police Department Policies: A resolution approving amendments to Fayetteville Police Department Policies 12.2.1, Policies Procedures & Rules Development and Review; 22.3 Secondary Employment; 52.1.1, Office of Professional Standards; 61.2 Collision Investigation and 71.1.1, Detainee Transport. 8. Fayetteville Forward Event: A resolution to approve the attached budget adjustment of $6,600.00 for the April, 2010 Fayetteville Forward Event. B. Unfinished Business: 1. Amend Chapter §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market by allowing an extra hour of operation (until 2:00 p.m.) on Saturdays and to allow operation from 4:00 p.m. until dark during First Thursday Events. This ordinance was left on the First Reading at the March 16, 2010 City Council meeting. Left on the First Reading C. New Business: 1. Rock Street Parking, LLC: A resolution approving a contract for the purchase of a sixty-four space parking lot located on the southeast corner of Block Avenue and Rock Street from Rock Street Parking, LLC in the amount of $342,000.00 plus applicable closing costs, and approving a budget adjustment of$343,000.00. 2. Amend Chapter §97.086 Vending and Peddling: An ordinance to amend §97.086 Vending and Peddling of Chapter 97 Parks and Recreation of the Fayetteville Code to allow the Farmers Market to operate in Lake Fayetteville Park. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. C B & I, Inc. Bid #10-17: A resolution awarding Bid #10-17 and approving a contract with C B &I, Inc. in the amount of $1,551,000.00 for construction of a 500,000 gallon elevated water storage tank, approval of a $49,000.00 contingency, and approval of a budget adjustment in the amount of$1,600,000.00. 4. Form-Based Zoning Districts: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville to modify existing and create new use units and Form- Based Zoning Districts that permit administrative development approval and to create design standards for said districts. 5. NEC, Inc. and H2 Engineering, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving contracts with NEC, Inc. and H2 Engineering, Inc. in the total amount of $30,690.63 for sewer improvements at Veterans Memorial Park, approving a project contingency of$4,404.00, and approving a budget adjustment. Announcements: 1. Form Based Code Workshop: April 5, 2010 Room 326 at 4:30 p.m. Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain—Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A.4 City of Fayetteville Staff Review Form Wildlife Hazard Assessment Grants 1of12 City Council Agenda Items and Contracts, Leases or Agreements 4/6/2010 City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department Action Required: Action Required: Approve Applicationfor and Acceptance of grant fundingfrom DOT/FAA and the AR Dept of Aeronautics; $55,204 FAA, $2905 ADA. Approve Budget Adjustmentcontingent on receipt of grant funding. $ 58,109.00 $ - Wildlife Hazard Assessment Cost of this request Category/Project Budget Program Category/Project Name 5550.3960.7820.39 $ - D8100_AVED Account Number Funds Used to Date Program/Project Category Name 10022 1 $ Airport Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached r- .2Z:=1-4 3—Z —/o Previous Ordinance or Resolution# Depa t rector Date Original Contract Date: 3-30— 0 Original Contract Number: Attorney VDate 4c.,l a., fit il. 7 -30-2iia Fina and Internal Services Director Date Received in City ENiEDED I/.� layorClerk's Office 3 g1�thL 3 -30—ID f S Date ` � Received in E EO ���fff/ Mayor's Office s,-Ap �JDate Comments:This project is eligible for 100%funding by grants. Revised January 15,2009 A.4 Wildlife Hazard Assessment Grants 2 of 12 A THE CITY OF FAYETTEVILLE,ARKANSAS FaM— � �� AVIATION DIVISION F `Y) 4500 5 School Ave,Ste F Fayetteville,AR 72701 AftKAN5A5 P(479)71&7642 e CITY COUNCIL MEMO To: Mayor Jordan Thru: Chief of Staff, Don Marr Thru: Transportation Director,Terry Gulley a✓cT From: Ray M. Boudreaux, Aviation Di for Date: March 29, 2010 Subject: Approve Application and Award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment to be conducted by Loomacres Wildlife Management. PROPOSAL: The FAA has directed that all Part 139 Airports conduct a Wildlife Hazard Assessment(WHA) and based on the results of the assessment, develop a Wildlife Hazard Management Plan. Our FAA Program Manager has reserved the funds for this project and is awaiting our application. This item requests approval to submit application to the FAA and receive the funding for the WHA. Arkansas Aeronautics funds the 5% match for all FAA grants awarded to airports within the State. This item also requests approval to apply to the State for the 5% grant and to receive the funding upon project completion. Loomacres Wildlife Management was selected on qualifications from 10 submittals utilizing the City purchasing procedures and selection process. The Airport Board approved this project and our request at their March 11, 2010 meeting. RECOMMENDATION: Approve application and award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment and if directed by the FAA, develop a Wildlife Hazard Management Plan for Fayetteville Executive Airport Drake Field IAW FAA directive that all Part 139 Airports perform the assessment. BUDGET IMPACT: This project is fully funded by Grants from the FAA(95%) and Arkansas Aeronautics (5%) in the total amount of$58.109.00 for the Wildlife Hazard Assessment. Should a Wildlife Hazard Management Plan be deemed necessary by the FAA, a separate grant application will be initiated in the amount of$4,671.00 or an amendment will be made by the FAA to the WHA grant. FAA is authorized to amend grants up to 15%of the original grant amount. Attachments: Staff Review Budget Adjustment FAA Grant Application Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,Aft 72701 A.4 Wildlife Hazard Assessment Grants 3 of 12 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION AND APPROVING ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE TOTAL AMOUNT OF $58,109.00 TO FUND A WILDLIFE HAZARD ASSESSMENT AT FAYETTEVILLE EXECUTIVE AIRPORT-DRAKE FIELD, AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes application and approves acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport-Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $58,109.00, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, recognizing the grant revenue,contingent on award of the grant funds. PASSED and APPROVED this 601 day of April, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer A.4 City of Fayetteville,Arkansas Wildlife Hazard Assessment Grants Budget Adjustment Form 4 of 12 Budget Year Department: General Government Date Requested Adjustment Number 2009 Division: Aviation& Economic Development 4/6/2010 Program: Airport Capital Expense Project or Item Added/Increased: Project or Item Deleted/Reduced: $58,109 in the Wildlife Hazard Assessment project None. Recognize federal and state grant revenue in the expense account State Grants on Federal Projects account and the Wildlife Hazard Assessment project revenue account. Justification of this Increase: Justification of this Decrease: Requested by the DOTIFAA.The project is eligible for Does not require the City to provide matching funds. 100%funding through federal and state grants. EXHIBIT A Increase Budget Account Name Account Number Amount Project Number 5550 3960 7820 39 58,109 10022 1 Decrease Budget Account Name Account Number Amount Project Number State Grants on Federal Projects 5550 0955 6803 00 2,905 10022 1 5550 0955 6820 39 55,204 10022 1 V.090403 rnsion ead l5aw Budget&Research Use Only }J- Type: A B C CDE Bud et Directo Date J'-z/r-/0 Requested By DepartrC4. irector Date Q - rl Ani 3 -30-2Af6 General Ledger Date Fin tce Director Date 3 ' 30-201.6 Posted to General Ledger Staff Date Initial Date Mho b A.4 Wildlife Hazard Assessment Grants 5 of 12 APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2.DATE SUBMITTED Applicant Identifier April 6,2010 FY082153 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier Application Pre-application L.-I; Construction :gig Construction 4•DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non-construction 1 Non-Construction 3-05-0020-039-2010 S.APPLICANT INFORMATION Legal Name: Organizational Unit: Ci of Fayetteville Department: City 1'e Transportation Organizational DUNS: Division: 13439803 Aviation Address: Name and telephone number of person to be contacted on matters Street: involving this application(give area code) 4500 S School Ave,Suite F Prefix: First Name: Mr. Ray City: Middle Name Fayetteville M County: Last Name Washington Boudreaux State: Z* CodeSuffix: AIR 7722 Director of Aviation Country: Email United States rboudreaux@ci.fayetteville.ar.us 6.EMPLOYER IDENTIFICATION NUMBER(EIN): Phone Number(give area code) Fax Number(give area code) 11❑41 0❑1❑©®© ] 479718-7642 479-718-7646 8.TYPE OF APPLICATION: 7.TYPE OF APPLICANT: (See back of form for Application Types) New f(1 Continuation Revision C If Revision,enter appropriate letters)in box(es) See back of form for description of letters.) ❑ ❑ her(specify) Other(specify) 9.NAME OF FEDERAL AGENCY: DOT/FAA SW Region 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Wildlife Hazard Assessment and Wildlife Management Plan TITLE(Name of Program): PHASE I-Assessment Airport Improvement Program(AIP) 12.AREAS AFFECTED BY PROJECT(Cities,Counties,States,etc.): Washington County,Arkansas 13.PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a.Applicant b.Project May 2010 November 2011 Third hind 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal 204 a.Yes. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b.Applicant PROCESS FOR REVIEW ON c.State 2905 . DATE: d.Local b No r(.j PROGRAM IS NOT COVERED BY E.O.12372 e.Other ( OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW I.Program Income 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL 58,109 -- 9Yes If Wes"attach an explanation. E No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION 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. First Name Lioneld fiddle Name Last Name 3uffix Jordan .Title .Telephone Number(give area code) Mayor 479-575-8330 J.Signature of Authorized Representative .Date Signed Previous Edition Usable Standard Form 424(Rev.92003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 A.4 Wildlife Hazard Assessment Grants 6 of 12 DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120.069 11MM07 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Name of Governing Body Does this assistance request require State, Priority local, regional,or other priority rating? - ❑Yes 0 No Item 2. Name of Agency or Board Does this assistance request require State,local (Attach Documentation) advisory,educational or health clearances? []Yes K❑ No Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes ©No Item 4. Name of Approving Agency Does this assistance request require State, local, regional,or other planning approval? Data OYes K No Item 5. Check One: State ❑ Is the proposed project covered by an approved Local ❑ comprehensive plan? . Regional ❑ ❑Yes®No Location of plan Item 6. Name of Federal Installation VNII the assistance requested serve a Federal Population benefiting from Project Federal installation? [-]Yes X❑No Item 7. Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? Percent of Project ❑Yes© No Item B. See instructions for additional information to be Will the assistance requested have an impact provided. or effect on the environment? ❑Yes© No Item 9. Number of: Will the assistance requested cause the displacement Individuals of individuals,families,businesses,or farms? Families Businesses ❑Yes K❑ NO Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous, pending,or anticipated? ❑Yes 0 No FAA Pon 5104100(673)SUPERSEDES FAA FORM 5100-100(903) Page 2 A.4 Wildlife Hazard Assessment Grants 7 of 12 INSTRUCTIONS PART II SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all"Yes"answers in the space provided in accordance with the following instructions. Item 1.—Provide the name of the governing body Item 6.—Show the Federal population residing or working establishing the priority system and the priority rating on the federal installation who will benefit from this project. assigned to this project. Item 7.—Show the percentage of the project work that will Item 2.—Provide the name of the agency or board which be conducted on federally owned or leased land. Give the . issued the clearance and attach the documentation of name of the Federal installation and its location. status or approval. Item 8.—Briefly describe the possible beneficial and/or Item 3.—Attach the clearinghouse comments for the harmful impact on the environment because of the application in accordance with the instructions contained proposed project. If an adverse environmental impact is in Office of Management and Budget Circular No.A-95. If anticipated,explain what action will be taken to minimize comments were submitted previously with a the impact. Federal agencies will provide separate preapplication,do not submit them again but any instructions if additional data is needed. additional comments received from the clearinghouse Item 9. State the number of individuals,families, should be submitted with this application. businesses,or farms this project will displace. Federal Item 4.—Fumish the name of the approving agency and agencies will provide separate instructions if additional the approval date. data is needed. Item 5.—Show whether the approved comprehensive plan Item 10.—Show the Federal Domestic Assistance Catalog is State,local or regional,or if none of these, explain the number,the program name,the type of assistance,the - scope of the plan. Give the location where the approved status and amount of each project where there is related ' plan is available for examination and state whether this previous, pending,or anticipated assistance. Use project is in conformance with the plan. additional sheets, if needed. Paperwork Reduction Act Statement:The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation. Title 49,United States Code(U.S.C.I,Section 47105,identifies the information required to apply for this program. The forms prescribed to meet this requirement are developedd to provide a comprehensive format that allows sponsors to pp.rovide the data needed to evaluate the request for funds. The burden for each response is estimated to be 28 hours. Approved appllcarwns benefit the sponsor by roviding Federal funding to protect the Federal interest in safety,efficiency,and utility of the Nation's airport system. No assurance of wnfideMiality can be given since these become public records. If you wish to make any comments concerning the accuracy of this burden estimate or anguggestions for reducing this burden,send to Federal Aviation Administration,ARP-10,800 Independence AVE,SW,Washington,DC 20591. Please note that an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number,which is 2120-0569 for this collection.Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at:800 Independence Ave SW,Washington,DC 20591, Attn:Information Collection Clearance Officer,ABA-20 A.4 Wildlife Hazard Assessment Grants 8 of 12 DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.21260569 PART II-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 regulated 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: None 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 limifing its legal or financial ability or otherwise,except as follows: None 4. Consistency with Local Plans.—The project is reasonably consistent with plans(existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 5. Consideration of Local Interest.—It has given fair consideration to the interest of communities in or near where the project may be located. 6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United . States Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 7. Public Hearings.—In projects involving the location of an airport,an airport runway or a major runway extension,it has afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and It shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Not Applicabfe 8. Air and Water Quality Standards.—In projects involving airport location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,designed,constructed,and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary.Not applicable FAA Form 51(X166 W3)SUPERSEDES FAA FORM 5100-166(673) Page 3a A.4 Wildlife Hazard Assessment Grants 9 of 12 DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO,2120-0569 PART II-SECTION C(CONTINUED) 9. 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 10. 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": Not applicable The Sponsor further certifies that the above is based on a titre examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property 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 map designated as Exhibit"A": None (c) The Sponsor will acquire within a reasonable fime,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": Not Applicable *State character of property interest in each area and list and identify,for each all exceptions,encumbrances, and adverse interests of every kind and nature,including liens,easements,leases,etc. The separate areas of lend need only be identified here by the area numbers shown on the property map. FAA Form 5100.100(9-03)SUPERSEDES FAA FORM 5100.100(476) Page 3b A.4 Wildlife Hazard Assessment Grants 10 of 12 DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.21200589 PART III-BUDGET INFORMATION-CONSTRUCTION SECTION A-GENERAL 1. Federal Domestic Assistance Catalog No. 2. Functional or Other Breakout SECTION B -CALCULATION OF FEDERAL GRANT Use only for revisions Cosi CLASSIFICATION Use Amount Latest Approved Adjustment+or Required amount (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land,structures,right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 58,109.00 6. Project inspection fees 7. Land development 8. Relocation expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total(Lines 1 through 13) 58,109.00 15. Estimated Income(if applicable) 16. Net Project Amount(Line 14 minus 15) 58,109.00 17. Less: Ineligible Exclusions 18. Add:Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 58,109.00 20. Federal Share requested of Line 19 55,204.00 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested(Lines 20 a 21) 55,204.00 23. Grantee share 24. Other shares 2,905.00 25. Total project(Lines 22,23,8 24) $ $ $58,109.00 FAA F.5100.1W(9-08)SUPERSEDES FAA FORM 5100.100(6M) Page 4 A.4 Wildlife Hazard Assessment Grants 11 of 12 DEPARTMEW OF TRANSPORTATION-FEDERALAVIATION ADMINISTRATION OMB NO.2120-0558 SECTION C-EXCLUSIONS Ineligible for Excluded from Participation Contingency Provision 26. Classification (1) (2) a. b. C. d. e. f. g. 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 f. Non Cash g. Other(Explain) h. Total—Grantee Share 28. Other Shares a. State 2,905.00 b. Other C. Total Other Shares 29. TOTAL SECTION E-REMARKS PART IV - PROGRAM NARRATIVE (ATTACH-SEEINSTRUCTIONS) FAA Faro 5100-100(&03)SUPERSEDES FAA FORM 5100-100(8-73) PAGE 5 A.4 Wildlife Hazard Assessment Grants 12 of 12 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0568 PROJECT: AIRPORT: 1. Objective: Wildlife Hazard Assessment and Wildlife Hazard Management Plan PHASE I-Assessment to determine if a WHMP is needed 2. Benefits Anticipated: Will provide for best approach to oontroling wildlife hazards on the airfield. 3. Approach. (See approved Scope of Work in final Application) Year-long wildlife assessment iaw FAA requirements for a WHA, resulting in a WHMP tailored specifically for the airport. 4. Geographic Location: Washington County,Fayetteville,Arkansas 5. If Applicable, Provide Additional Information: 6: Sponsor's Representative: tinct.address a tel no.) Same FAA Form 5100-1D0(8 )SUPERSEDES FAA FORM 5100-100(6-73) PAGE 6 A.5 City of Fayetteville Staff Review Form Loomacres Wildlife Management 1 of 44 As% City Council Agenda Items and Contracts, Leases or Agreements 4/6/2010 City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department Action Required: Action Required: Approve Contractwith Loomacres Wildlife Management in the amount of$58,109. Contact: Cody L Baciuska, President, PO Box 361, Warnerville, NY 12187; 607-760-8748; 518-234-8547 fax;www.loomacres.com. $ 58,109.00 $ Wildlife Hazard Assessment Cost of this request Category/Project Budget Program Category/Project Name 5550.3960.7820.39 $ - D8100_AVED Account Number Funds Used to Date Program/Project Category Name 10022 1 $ Airport Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached I� be!!�� Previous Ordinance or Resolution# 7epart I 7Dctor Dateepart t Dj� dor Date Original Contract Date: -5—go_/6 Original Contract Number: ity ttorl�ay (� Date �n Y A Q . 1 b..Qh ` 1-ILO-tole) Finance and Internal Services Director Date Received in City Clerk's Office n 3-30-lo X41` Chief Date c Received in Mayor's Office Ma r Date Comments:Budget Adjustment included with grant funding item associated with this Contract. Revised January 15,2009