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HomeMy WebLinkAbout2008-10-07 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting October 7, 2008 A meeting of the Fayetteville City Council will be held on October 7, 2008 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 Recoenitions: 1. Methamphetamine Awareness Month Presentations, Reports and Discussion Items: 1. Fayetteville Town Center Annual Report: Sandra Bennett, Facilities Manager of Fayetteville Town Center. REPORT HANDED OUT. 2. Off Street Parking Improvement District No. 1 Board Vacancy: Approve the appointment of Rick Woods (Appointed by the District and Approved by the City Council) APPROVED. 1. Aeenda Additions: Added to Unfinished Businesss: B.1 Hiring Freeze Appeal: One Full-time Dispatcher-Police Department. Added to New Business: D.13 Reconsideration of the appointment of Marvin Hilton to the Telecommunications Board. Added to New Business: D. 14 Reconsideration of the Millage Ordinance No. 5178 approved September 16, 2008. A. Consent: 1. Approval of the September 16, 2008 City Council meeting minutes. APPROVED. 2. Bid # 08-58 Golden Circle Ford: A resolution awarding Bid# 08-58 and approving the purchase of one (1) sign body truck with crane from Golden Circle Ford in the amount of $72,660.00 for use by the Transportation/Traffic Division, such approval being contingent upon the sign body meeting the required specifications. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-08. 3. AOT Public Safety Corporation: A resolution approving a contract with AOT Public Safety Corporation, pursuant to RFP # 08-03, to provide false alarm reduction administrative services to the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-08. 4. McClelland Consulting Engineers Inc. Task Order # 15: A resolution approving Task Order# 15 with McClelland Consulting Engineers, Inc. in the amount of$177,600.00 for final plans & specs and bidding associated with the Runway 16 Safety Area Improvements at Drake Field; authorizing the Airport Staff to apply for and accept a grant from the FAA with a matching grant from the Arkansas Department of Aeronautics; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-08. 5. Hazard Mitigation Plan: A resolution adopting the Hazard Mitigation Plan for Washington County. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-08. 6. Code Compliance Contract Services: A resolution approving a budget adjustment in the amount of $6,000.00 to transfer funds from fund balance to Code Compliance Contract Services Account for code violation abatement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-08. B. Unfinished Business: 2. Hiring Freeze: Hiring Freeze Appeals: One Full-time Dispatcher — Police Department: A resolution to approve the hiring of one full-time Police Dispatcher. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185-08. One Full-time Animal Services Officer — Animal Services: A resolution to approve the hiring of one full-time Animal Services Officer and one part-time Caregiver for the Animal Services Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-08. One Part-time Caregiver—Animal Services: A resolution to approve the hiring of one full-time Animal Services Officer and one part-time Caregiver for the Animal Services Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-08. One Full-time Recreation Superintendent — Parks and Recreation: A resolution to approve the hiring of one full-time Recreation Superintendent for the Parks and Recreation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-08. 3. Epperly Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Daniel and Reba Epperly. This resolution was tabled at the September 2, 2008 City Council meeting to the October 7, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-08. 4. ADM 08-3093 (Hill Place Culvert Removal): A resolution to approve a request to modify and replant a portion of the tree preservation area associated with Hill Place PZD, in order to remove a culvert within College Branch Creek and to install a vehicular bridge, as described herein. This resolution was tabled at the September 16, 2008 City Council meeting to the October 7, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-08. 5. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was tabled at the September 2, 2008 City Council meeting to the September 16, 2008 City Council meeting. This ordinance was tabled at the September 16, 2008 City Council meeting to the October 7, 2008 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. C. Public Hearing: 1. Fayetteville Farmington Land Swap Public Hearing: The Farmington City Council passed Ordinance 2008-15 on September 8, 2008, detaching approximately 8.035 acres from Fayetteville and annexing the property into Farmington. MAYOR COODY OPENED THE PUBLIC HEARING. THERE WAS NO PUBLIC COMMENT TO BE HEARD. MAYOR COODY CLOSED THE PUBLIC HEARING. D. New Business: 1. Fayetteville Municipal Property Owners' Improvement District No. 32 — Park West Commercial Development Infrastructure Project: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 32 — Park West Commercial Development Infrastructure Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5180. 2. Illinois River Watershed Partnership: An ordinance waiving the requirements of §34.23, (purchases and contracts not in excess of$20,000.00), of the Fayetteville Code of Ordinances and approving a contract with the Illinois River Watershed Partnership (IRWP) in the amount of$10,000.00 for watershed education and planning services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5181. 3. Amend Chapter 71, Traffic Rules: An ordinance to enact Article XI Operation of Vehicles and use of city trails in Chapter 71 Traffic Rules of the Fayetteville City Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5182. 4. Amend Chapter 157, ADM 08-3021 (UDC Chapter 157 Notification): An ordinance amending the Unified Development Code by repealing and replacing Chapter 157: Notification, to consolidate and clarify required notification for items being considered at certain public meetings. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5183. 5. Amend Chapter 158, Bonds and Guarantees: An ordinance amending Chapter 158: Bonds and Guarantees, of the Unified Development Code, to accept a guarantee to satisfy the maintenance requirements for public improvements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5184. 6. Amend Chapter 178, ADM 08-3054 (Sidewalk Cafe and Vendor Ordinance): An ordinance amending the Unified Development Code by repealing Chapter 178: Sidewalk Cafes and replacing it with Chapter 178: Outdoor Vendors. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5185. 7. Smith Two Way Radio Appeal: An appeal of the conditions of approval for the conditional use for Smith Communications/Township CUP 08-3050. THE APPEAL FOR THIS ITEM WAS DENIED. 8. ANX 08-2897 Southpass Development: An ordinance annexing that property described in annexation petition ANX 08-2897 (CC2008-38), for property located west of I-540 and Cato Springs Road, containing approximately 855.97 acres. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 9. R-PZD 08-2898 Southpass Development: An ordinance establishing a Residential Planned Zoning district titled R-PZD 08-2898, Southpass, located south of the City of Fayetteville at the intersection of Interstate 540 and Cato Springs Road (State Highway 265); containing approximately 910.36 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 10. ADM 08-3117 (Southpass MSP Amendments): A resolution for ADM 08-3117 amending the Master Street Plan, realigning Shiloh Drive, a collector, through the Southpass PZD site south to Cato Springs Road, and changing the designation of Cato Springs Road from a collector to a principal arterial in the Southpass vicinity, as described and depicted in the attached maps. THIS ITEM WAS TABLED TO THE OCTOBER 21, 2008 CITY COUNCIL MEETING. 11. Southpass Development Infrastructure Cost Share: A resolution expressing the willingness of the City of Fayetteville to cost share street and sewer infrastructure costs that would be utilized by both the Southpass Development and the future community park. THIS ITEM WAS TABLED TO THE OCTOBER 21, 2008 CITY COUNCIL MEETING. 12. Fayetteville Government Channel Policy: A resolution adopting the recommendations of the Telecommunications Board and approving changes to the City of Fayetteville Government Channel Policy. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-08. 13. Reconsideration of the appointment of Marvin Hilton to the Telecommunications Board. THE APPOINTMENT OF MARVIN HILTON WAS AFFIRMED. 14. Reconsideration of the Millage Ordinance No. 5178 approved September 16, 2008. THIS ITEM WAS TABLED TO THE OCTOBER 21, 2008 CITY COUNCIL MEETING. Announcements: 1. City Council Tour: October 6, 2008 Adjournment: Meeting adjourned at 11:55 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 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 spear 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. A.4 McClelland Consulting Engineers Inc. City of Fayetteville Task Order#15 Staff Review Form Page 1 of 12 City Council Agenda Items or Contracts 10/7/2008 City Council Meeting Date Ray M. Boudreaux Aviation & Economic Development General Government Submitted By Division Department Action Required: Action Required: Approve Task Order#15 from McClelland Consulting Engineers, Inc. Contact: Wayne Jones, P.E., PO Box 1229, Fayetteville AR 72702-1229, 479-443-2377, Fax 479-443-9241, in the amount of$177,600 for final plans & specs, bidding associated with the Runway 16 Safety Area Improvements project. Authorize Airport staff to apply for and accept a grant from the FAA with a matching grant from the Arkansas Department of Aeronautics. Approve a Budget Adjustment. $ 5,600.00 $ Correct RW16 RSA Cost of this request Budget Program Category/Project Name 5550.3960.5314.00 $ AWED Imp Account Number Funds Used to Date Program/Project Category Name NEW PROJECT $ Airport Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �L, � �� Previous Ordinance or Resolution# 0�0,. 17 Department Direct rD—ate Original Contract Date: c Original Contract Number: City Attorney Date Receivedll City CI k's Office MRED Finance and Internal Service Director Date Received in Mayor's Offic p Mayor Date Comments: The project will be ftMded with DOT/FAA Airport Improvement Program and Arkansas Department of Aeronautics grant funding. A.4 McClelland Consulting Engineers Inc. Task Order#15 Page 2 of 12 City Council Meeting of: October 7,2008 Agenda Item Number: CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor and Members of the City Council THRU: Staff/Contract Review Committee FROM: Ray M.Boudreaux,Director,Aviation and Economic Development DATE: September 19, 2008 SUBJECT: Approval of Task Order#15 with McClelland Consulting Engineers for final plans and specifications associated with the Runway 16 Runway Safety Area(RSA)Improvement Project and application and receipt of grant funding from the FAA and State of Arkansas (95/5). RECOMMENDATION, Approve Task Order#15 with McClelland Consulting Engineers for $177,600.00 for final plans and specifications,and bidding services associated with the Runway 16 RSA Improvement Project at Fayetteville Executive Airport,Drake Field. And,approve the application and receipt of FAA and State Aeronautics Grant Funding for the project. BACKGROUND: The Runway RSA Improvement Project is well underway. We have completed a new Obstruction Survey of all conical surfaces and will present that information to revise the City Ordinance protecting the approaches to the airport.The Highway 71 Realignment Survey is complete and the Environmental Study is under FAA and AHTD review and should be complete in the very near future. The next phase to be funded by the FAA will include$2.17 Million for earth work and property acquisition;final plans and specifications, bidding services,and project management. In order to ready to accept the grant in full,we must complete the final plans and specifications and have acceptable bids for the work prior to May 1, 2009. FAA has agreed to fund the initial plans and specifications and bidding services in order for the airport to meet the FAA schedule. We may have a slight delay in receiving the invitation to apply for finding as Congress has not yet passed a Bill nor have they passed a Continuing Resolution. The purpose of this action is to insure that we are ready to proceed when the grant funds become available. The Continuing Resolution is expected soon. We will not do any work until we receive the FAA Grant. BUDGET IMPACT: The Runway 16 RSA Improvement Project is fully funded 95%FAA and 5%Arkansas Aeronautics. Attachments: Staff Review Form Contract Aviation and Economic Development Dcpathncnt Fayetteville Municipal Airport,Drake Field 4500 South School Avenue,Suite F Fayettev0le,Arkansas 72701 Ray M.Boudreaux,Director A.4 ._ .- .,. .. .. ..._...-M60611a6d Consulting Engineers 16a; Task Order#15 Page 3 of.1 RESOLUTION NO. A RESOLUTION APPROVING TASK ORDER #15 WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $177,600.00 FOR FINAL PLANS & SPECS AND = BIDDING ASSOCIATED WITH THE RUNWAY 16 SAFETY AREA IMPROVEMENTS AT DRAKE FIELD; AUTHORIZING THE AIRPORT STAFF TO APPLY FOR AND ACCEPT A GRANT FROM THE FAA WITH A MATCHING GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS, AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves Task Order#15 with McClelland Consulting Engineers, Inc. in the amount of $177,600.00 for final plans & specs, and bidding associated with the Runway 16 Safety Area Improvements at Drake Field, said approval being expressly contingent upon the receipt of grant funding. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby authorizes the Airport Staff to apply for and accept a grant from the Federal Aviation Administration with a matching grant from the Arkansas Department of Aeronautics to cover the cost,of said improvements. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $177,600.00 to recognize the grant revenue. PASSED and APPROVED this 7th day of October,2008. APPROVED: ATTEST: s: By: By: DAN COODY,Mayor SONDRA E.SMI M City Clerk/Treasurer ..... . .. A.4 McClelland Consulting Engineers Inc. 18 ION. Co 12 T &1 15 McCLELLAND P.101§62 CECONSULTING Fayetteville,Arkansas 72703/72702-1229 /5-5Tore7 ENGINEERS INC. PHONE: 479-443-2377 FAX 479-443-9241 September 18, 2008 tit El C E U If F=D SEP 18 2008 Mr. Ray Boudreaux Airport Manager, AH PURT Fayetteville Municipal Airport 4500 S. School Suite F Fayetteville, AR 72701 Re: Task Order Nc* lea Runway 16 Safety Area Improvements Fayetteville Municipal Airport Dear Mr. Boudreaux: In response to your request, please find three (3) copies of Task Order N r the Design services for the Runway 16 Safety Area Improvements ckfO Please advise if you need further information regarding this Task Order. Sincerely, MTWayne ND CONLING ENGINEERS, INC. n P.E. ice 0 ce Pre ' en Enclosure: Task Order No 5 (3 copies) WORAKE FIELD\CONTRACTS12006-20081BOUDREAUX-0918-TO 5.DOC: A.4 - _-".-- ------. _ �.__ �_ .. . . ..... . _.. ...._:.,. ._.. ......... .... _.-McCTeiia'nH�Consulting l=ngineerslna::: Task Order#1 S Page 5 of 12 TASK ORDER NO. 15 DESIGN ENGINEERING SERVICES RUNWAY 16 SAFETY AREA& IMPROVEMENTS STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the basic agreement entitled CITY OF FAYETTEVILLE, AGREEMENT FOR ENGINEERING SERVICES, executed on June 6, 2006, as amended. The referenced basic agreement pertains to proposed improvements to Drake Field, Fayetteville's Municipal Airport. This Task Order entered into and executed on the date indicated below the signature block, by and between the City of Fayetteville and McClelland Consulting Engineers (MCE)sets forth the project description, project schedule, and engineering fees related to the Runway 16 Safety Area Improvements, Drake Field. SECTION I- PROJECT DESCRIPTION The project is to consist of the Runway 16 Safety Area Improvements, including relocation of US Hwy 71 from within the safety area, relocation of the northern portion of Ernest Lancaster Drive from within the safety area, the removal of the existing roadways and regrading of the Runway 16 Safety Area. The services to be performed include: Preparation of Right of Way Plans; Geotechnical Investigation; Wetland Permits & Relocation Plans as required; FEMA Permits and Flood Plain Revisions as required; Preliminary Design; Preliminary Cost Estimates; Detailed Design; Bidding Services; and review with State or Federal Agencies. WADRAKE FIELMONTRACTS12006-2005\Task Order 5.doe 1 A.4 McClelland Consulting Engineers Inc. Task Order#15 Page 6 of 12 SECTION II - PROJECT SCHEDULE From the time the City of Fayetteville issues the Notice To Proceed (NTP), McClelland Consulting Engineers, Inc. will endeavor to execute the project within the following time periods: Task Completion After NTP A. Geotechnical Investigation: 70 calendar days B. Wetland Permits & Plans: 100 calendar days C. FEMA Permits & Flood Plain Plans: 110 calendar days D. Preliminary Design & Cost Estimates: 110 calendar days E. Right-of-Way Plans 150 calendar days F. Final Design & Cost Estimates: 190 calendar days G. Advertise for Bids: 220 calendar days SECTION 111 - SCOPE OF SERVICES McClelland Consulting Engineers, Inc. shall, generally, provide those services listed in the basic agreement which are applicable to this specific Task Order. Specifically, the project is likely to include: A. Right of Way Plans. B. Geotechnical Investigation. C. Prepare Wetland relocation plans, as required, and Permits. D. Prepare revised flood plain, floodway and channel relocation plans and submit plans and permits to FEMA and Corps of Engineers. E. Performing preliminary engineering design services for the Runway 16 Safety Area Improvements, formulating preliminary construction cost estimates, and meeting with the City to discuss the project. F. Performing the detailed design of the Runway 16 Safety Area Improvements, formulating final preliminary construction cost estimates, and meeting with the WADRAKE FIELMONTRACTSN2006-20081Task Order 5.doc 2 A.4 McClelland Consulting Engineers Inc. Task Order#15 Page 7 of 12 City to discuss the project. G. Assist the City of Fayetteville advertising for competitive bids and recommending the award of a construction contract. SECTION IV - FEES AND PAYMENTS The following fees are to be paid to McClelland Consulting Engineers, Inc. as compensation for his services: A. Geotechnical Investigation: Estimated to be $ 7,500. B. Wetland Permit and Relocation Plans: Estimated to be $ 11,800. C. FEMA Permits & Flood Plain Plans Estimated to be $ 18.500. D. Preliminary Engineering Design &Cost Estimates: a lump sum of $ 68.500. E. Right of Way Plans: Estimated to be $ 6,850. F. Detailed Plans & Specs: a lump sum of $ 56,500. G. Bidding Service: Estimated to be $ 5.800. H. Reimbursement Expenses: Estimated to be $ 2,150. Total Not to Exceed $177.600. Appendix A presents the basis of payments to the ENGINEER. Appendix B presents hourly rates for personnel anticipated to be assigned to this project by McClelland Consulting Engineers, Inc. W:IDRAKE FIELMCONTRACTS12006-2008\Task Order 5.doc 3 A.4 McClelland Consulting Engineers Inc. Task Order#15 Page 8 of 12 SECTON V - BASIC AGREEMENT IN EFFECT: Except as amended specifically herein, the basic AGREEMENT FOR ENGINEERING SERVICES shall remain in full force as originally approved and executed. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE: By: Attest: Mayor Date: FOR McCLELLAND CONSULTING ENGINEERS, INC.: By: tiau�ir r.-•�' Attest: — PresidentA) Vij� Pr ident Date: 9-/a` uG WADRAKE FIELD\CONTRACTS\2006-2008\Task Order 5.doc 4 A.4 McClelland Consulting Engineers Inc. Task Order#15 Page 9 of 12 APPENDIX B Hourly Rates for Personnel Drake Field, Fayetteville Municipal Airport CATEGORY BILLABLE HOURLY RATE RANGE Principal Engineer $ 155.00 Sr. Project Manager $ 143.00 Project Manager $ 132.00 Project Engineer II $ 105.00 Project Engineer I Design Engineer $ 84.00 Landscape Architect $ 109.00 Engineering Technician III $ 84.00 Engineering Technician II $ 65.00 Engineering Technician 1 $ 53.00 Construction Observer III $ 80.00 Construction Observer II $ 61.00 Construction Observer 1 $ 44.00 Chief Draftsman $ 70.00 Draftsman II $ 55.00 Draftsman I $ 50.00 Computer Technician $ 75.00 Survey Technician $ 77.00 Registered Land Surveyor $ 94.00 2-Man or Robotic Survey $ 143.00 Party Chief $ 66.00 Soils Lab Supervisor $ 60.00 Soils Lab Technician II $ 45.00 Soils Lab Technician 1 $ 40.00 Clerk/Typist $ 48.00 Mileage $ 0.50 * Subject to Annual Adjustment Mid-Year. WADRAKE FIELD\CONTRACTS\2006-2008\APPENDIX B TO 5.DOC A.4 McClelland Consulting Engineers Inc. 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Department of Aeronautics. The project is 100% reimbursable under current grant programs. Increase Expense Budget(Decrease Revenue Budget) Account Name Account Number Amount Project Number Professional services 5550 3960 5314 00 177,600 07039 2 Decrease Expense Budget(Increase Revenue Budget) _ Account Name Account Number Amount Project Number Q�P tl?:e eFfa� 5550 0955 399 177,600 07039 2 Approval Signatures Budget Office Use Only Lo"� Type: A B C D E ReDate ate Posted to General Ledger ! Initial Date — Department Director / a e Posted to Project Accounting n n n +13�g InitialDate Finance&Intem94 Services Director D Entered in Category Log Initial Date May6r" Dat A.4 McClelland Consulting Engineers Inc. Task Order#15 Page 12 of 12 A.6 City of Fayetteville Staff Review Form Code Compliance Contract Services Page 1 of 4 City Council Agenda Items 1 and Contracts, Leases or Agreements 10/7/2008 City Council Meeting Date Agenda Items Only Submitted By Division Department Action Required: A Resolution approving a budget adjustment in the amount of$6,000 to be funded from Fund Balance for an increase in the contract services account for the Code Compliance Program. The amount expensed will be billed to the property owners. $ 25,000.00 Cost of this request Category/Project Budget Program Category/Project Name 1010.6420.5315.00 $ 24,466.66 Code Compliance Account Number Funds Used to Date Program/Project Category Name $ 533.34 Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �x —Date D6 Previous Ordinance or Resolution# Department Director ate Original Contract Date: Original Contract Number: City Attornet Date Q Received in City ej_25-df' Clerk's Office G.dr I Finance and Internal Service Director Date Received in E ER Mayor's Office Mayor a Comments:Staff recommends approval of the budget adjustment. Revised April 16,2007 A.6 Code Compliance Contract Services Page 2 of 4 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas,Director of Operations From: Yolanda Fields, Community Resources Dir c Date: September 25, 2008 Subject: Budget Adjustment—Code Compliance Program(Contract Services Acct.) BACKGROUND The Code Compliance Program(CCP) sends out notifications to property owners with violations of City codes 95.01 and 173.08. If a property owner does not comply within the compliance correction period, CCP conducts abatement of the violation and bills the property owner. Methods of abatement include: mowing overgrown yards and lots, picking up junk and debris,boarding up unsecured structures. Many factors have contributed to the accelerated use of funds, including: increase in city limit boundaries due to recent annexations, longer growing season due to heavy rainfall,high rate of abandoned homes due to increased home foreclosures. As of September 18th, contract services account is at a zero balance,therefore abatement procedures have stopped. DISCUSSION Currently we have 56 properties that are pending abatement procedures. The CCP abatement process recognized revenue in the amount$17,166.00 from property abatement billing. A budget adjustment is needed to increase the contract services account. Funding for this adjustment is not possible from within the program or the current city budget, it must come from fund balance. RECOMMENDATION Staff recommends approval of a budget adjustment in the amount of$6,000.00. BUDGETIMPACT Approval of the budget adjustment would move$6,000.00 from the Fund Balance (1010.0001.4999.99)to the Code Compliance Program contract services account (1010.6420.5315.00). A.6 Code Compliance Contract services Page 3 of 4 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $6,000.00 TO TRANSFER FUNDS FROM FUND BALANCE TO CODE COMPLIANCE CONTRACT SERVICES ACCOUNT FOR CODE VIOLATION ABATEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $6,000.00 to transfer funds from Fund Balance to the Code Compliance Contract Services Account for code violation abatement. PASSED and APPROVED this 7th day of October, 2008. •APPROVED: ATTEST: By: By: DAN COODY,Mayor SONDRA E.SMrM,City Clerk/Treasurer City of Fayetteville,Arkansas n 6 Budget Adjustment Form .Code Compliance ContraPge 4ces 4' Page of 4 " 9 t Budget Year Department: Operations Date Requested Adjustment Number Division: Community Resources 2008 9/24/2008 Program: Code Compliance Project or Item Added/Increased: Project or Item Deleted/Reduced: $6,000 Contract Services in the Code Compliance $6,000 from the General Fund Use of Fund Balance F Program Justification of this Increase: Justifi66n of this Decrease: The Code Compliance Program has used all of its. There.is.sufficient Fund Balance that can be used for this allocated funds in contract services to clean up account. «; properties in the city which have not been kEll k, F )y i M� } Increase Expense Budget(Decrease Revenue Budget) Account Name AccountNumber Amount Project Number Contract services 1010 6420 5315 00 6,000 Decrease Expense Increase Revenue Budget) P g ( g ) t*, Account Name Account Number Amount Project Number T' Use of fund balance 1010 0001 4999 99 6,000 dR, Approval Signatures Budget Office Use Onlyt Type:-- A B C D ) E w equeste ate � 0 Bget Mana er Date Posted to General Ledger a Initial Date Department DiActor Date Posted to Project Accounting x Initial Date ;r: Finance&Internal Services Director Date Entered in Category Log Initial Date Mayor Date v q B. 1 Hiring Freeze Page 1 of 2 FAYETrEVILLE MEMORANDUM Date: September 29,2008 To: Mayor Dan Coody and City Council Thru: Gary Dumas,Director of 09 From: Connie Edmonston,Parks &Recreation Director` Subject: Replacement of Recreation Superintendent Recommendation: City Council approves the hiring of the Recreation Superintendent for the Parks and Recreation Division. Background: On September 29, 2008,Recreation Superintendent David Wright submitted his resignation effective October 10,2008. Discussion: The Recreation Superintendent administers, supervises,promotes and evaluates all the recreation programs and special events in the City of Fayetteville. This includes,but is not limited to the Yvonne Richardson Community Center, Youth Recreational Soccer, Youth and Adult Recreational Softball, Youth Summer Camps and Adult Flag Football. This person is responsible for overseeing the revenue for each of these programs. The Recreation Superintendent handles all the marketing and website management for the Parks and Recreation Division.Finally,this person serves as the liason with special interested recreation organizations such as Fayetteville Youth Baseball,Fayetteville Boys and Girls Club,Northwest Arkansas Economic Development District (Senior Center and Hillcrest Towers),Ultimate Frisbee and Adult Rugby. Budget Impact: This position salary is funded by the 20%in the General Fund,Recreation/ Administration Program and 80%in the Parks Development Fund.In 2008,there is a total of $76,388 budgeted for this position. $15,277 is from the General Fund/Recreation Administration Program. $61,111 is from the Parks Development Fund. This figure includes salary,taxes and benefits. i City of Fayetteville PARKS AND RECREATION DIVISION 113 W.Mountain Street Fayetteville,Arkansas 72701 Telephone: 479444-3471 Fax: 479-521-7714 E-mail:cedmonston@ci.fayetteville.ar.us B. 1 Hiring Freeze Page 2 of 2 Ia� B.3 •'JLJ� � ADM 08-3093(Hill Place Culvert Removal) Page 1 of 8 TayeM THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: City Council, Mayor Dan Coody From: Jeremy Pate,Director of Current Planning Date: 29 September 2008 Subject: ADM 08-3093 Hill Place Culvert Removal and Bridge Installation The applicant for this item has withdrawn the request to remove and mitigate for tree canopy within the Hill Place tree preservation area associated with the proposed removal of the existing 10-foot diameter steel pipe culvert within College Branch Creek.The culvert will remain in place,unless the City chooses to remove it at a later date, at which time Place Properties will fully cooperate. A letter is attached. The request to remove and mitigate for tree canopy for installation of the vehicular bridge, replacing the pedestrian bridge across the creek,is still applicable and relevant to the conditions ofapproval placed upon the project by the City Council.As discussed when the PZD was approved,the applicants are required to install a new bridge across the creek linking the project. Associated with this removal is a minimum amount of tree canopy disturbance (2100 square feet) within the'tree preservation area, necessary for the construction and installation of the bridge.All canopy within this area will be mitigated,and is subject to approval by the Urban Forester. Staff recommends the Council amend the Resolution to reflect the attached language. K:Ueremy12008 Correspondence0oard MemosL4DM08-3093 Hill Place Culvert Removal.doc B.3 ADM 08-3093(Hill Place Culvert Removal) Page 2 of 8 RESOLUTION NO. A RESOLUTION TO APPROVE A REQUEST TO MODIFY AND REPLANT A PORTION OF THE TREE PRESERVATION AREA ASSOCIATED WITH HILL PLACE PZD, IN ORDER TO INSTALL A VEHICULAR BRIDGE ACROSS COLLEGE BRANCH CREEK. WHEREAS, as required with the approved Hill Place Planned Zoning District, a vehicular bridge is to be constructed across the creek and established tree preservation area; and WHEREAS, to accomplish the bridge installation, a portion of the tree preservation area will be impacted and subsequently the riparian corridor replanted; NOW, THEREFORE, 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, pursuant to UDC Chapter 167 (L)(2), hereby approves a resolution to permit the described construction within the tree preservation area associated with the bridge installation,with the following conditions: 1) All construction activities, including installation of erosion control and tree protection fencing, shall be permitted and inspected by both the City Engineering office and the Urban Forester prior to commencement. 2) On-site mitigation will be required to replace the 2,100 square feet of canopy lost. Mitigation will require ten (10) 2-inch caliper large species trees to be located in the reclamation area. 3) All mitigation trees shall be native and represent species currently established and appropriate within the creek riparian area. The exact species will be determined at the time of planting and approved by the Urban Forester. 4) Planting shall occur with the completion bridge installation, to assist in erosion control and re-establishing the creek bank. 5) All mitigation trees shall be guaranteed by bond, letter of credit or cash deposit with the City for three years. The bond shall cover plant material, installation and three years of maintenance. PASSED and APPROVED this day of 12008. APPROVED: B.3 ADM 08-3093(Hill Place Culvert Removal) Page 3 of 8 CENTRE FOR DESIGN LANDSCAPE IRCNITECTDRE k PLANNING I CIVIL ENGINEERING September 19,2008 City of Fayetteville 113 W.Mountain Fayetteville,AR 72701 Attention: Jeremy Pate RE: Hill Place Culvert Removal Dear Mr.Pate. Following the tabling of our request to remove the 10' steel pipe culvert from College Branch Creek on the Hill Place project at the City Council meeting on September 16,2008,we have decided to withdraw our request to remove the culvert This is obviously a very controversial and politically driven issue,and,while we believe it is the most appropriate action for the protection and restoration of College Branch Creek,Place Properties has decided it best for the City of Fayetteville to properly administer the tree preservation easementas they see fit. From an engineering perspective,we do believe there is a need to remove the culvert.-We believe that we have sufficiently notified the City of Fayetteville of the hazard that exists with the culvert remaining in the creek,and if the City of Fayetteville deems it necessary to remove the culvert from the dedicated tree preservation easement in the future utilizing City of Fayetteville resources,the City of Fayetteville will receive full cooperation from Place Properties. We do,however,request that the City of Fayetteville continue to consider our request to place the new vehicular bridge within the tree preservation easement at the next scheduled City Council meeting. If you require revised tree preservation calculations,please do not hesitate to contact me. Thank you for your consideration of this matter. Respectfully, Austin E.Rowser,P.E. Design Team Leader Appian Centre for Design cc: Ron Petrie,P.E.,City Engineer Greg Cislo,Place Properties Greg Howe,Urban Forester Appian Centre for Design•217 East Dorf Street•suite 104•FayetteWle,AR 72701•phone(479)442-1444•fax(479)442-1450 B.3 ADM 08-3093(Hill Place Culvert Removal) City Council Meeting of September 16, 2008 Page 4 of 8 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas,Director of Operations From: Jeremy C.Pate,Director of Current Planning* Date: August 26,2008 Subject: Hill Place Culvert Removal from College Branch.Creek(ADM 08-3093) RECOMMENDATION In accordance with the recommendations by the Engineering Staff and the City's Urban Forester (see attached memos), staff recommends approval of a resolution to permit the removal an existing, unpermitted 10-foot diameter culvert from College Branch Creek within the limits of the Hill Place project. This action will also permit the property owner to remove unhealthy and invasive species of shrubs and trees within the identified construction area, restore the health of several trees in decline, replant this area with new trees, and add erosion control measures to prevent future and continued erosion in conjunction with the culvert removal and vehicular bridge installation. BACKGROUND A 10-foot diameter culvert was placed within College Branch Creek in the late 1980s, near the railroad. In discussions with Engineering staff and the Urban Forester, the applicant has proposed to remove this culvert, at the developer's cost, in order to reduce the current flood levels along the creek. The culvert removal is not required by the City, yet will aid in reducing erosion potential and flood levels along the creek- The culvert currently creates "headwater flooding" due to a lack of capacity in size for storm events larger than a five-year flood. According to the Engineering Division, the culvert is a restriction to the existing creek and could not be permitted in accordance with today's Corps of Engineers regulations. A HEC-RAS hydraulic model was provided to staff, which indicates that removal of the 10 ft culvert and embankment will reduce the depth of flooding upstream, and will have no detrimental impact downstream. Rather, as the attached photos indicate,the existing culvert is beginning to structurally fail, as it was not designed for its intended use. In the event the culvert fails, or is overtopped, the embankment will be eroded and washed downstream which could cause detrimental environmental impact to property owners. Removal with the development of Hill Place PZD, by the developer, will eliminate this potential altogether. In addition, as required with the Hill Place PZD, a vehicular bridge will cross the creek in place of the existing pedestrian bridge, to provide a second means of access. As anticipated when the PZD was submitted and approved, this bridge will span the creek's floodplain, but will also likely result in the.removal of some small trees in this area that are required to be mitigated. B.3 ADM 08-3093(Hill Place Culvert Removal) Page 5 of 8 City Council Meeting of Septembee 16,2008 Agenda Item Number Because the culvert and bridge crossing are within the established Tree Preservation ) Area, and a small amount of clearing will need to occur to access and remove the culvert and install the bridge, City Council approval is required. The Tree Preservation and Protection Code, Chapter 167(L)(2) of the UDC states: The geographic extent and location of tree preservation areas, once recorded, may only be modified, or abolished with the express approval of the City Council Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the landscape administrator [urban forester), who shall ask the city clerk to place it on the agenda of the next regularly scheduled City Council meeting., While the request will not modify or abolish the extent and location of the tree preservation area, some tree removal will be required to accomplish the two objectives stated herein. A property owner is permitted to remove dead or diseased trees within a Tree Preservation Area without Council approval, but not live or healthy trees. The Urban Forester has reviewed the request and a proposed mitigation plan- . Approximately 13,634 11of canopy within the Tree Preservation Area will be affected by the culvert removal and re-grading of the bank, and 2,100 ftwith the installation of the vehicular bridge. The trees in this area are mostly volunteers which germinated at some point after the culvert was installed. No significant trees and only one larger tree will be removed, with an additional large invasive tree that will be removed. This area also has less desirable species, vines and underbrush. Staff recommends City Council approval of this modification of an existing Tree Presevation Area to accomodate the bridge enlargement and the culvert removal as no net loss of Tree Presevation Area will occur once mitigation trees are planted. This is due to the higher replacement rate used to calculate tree mitigation. Based on this calculation, the applicant will be required to replant 55 2-inch caliper trees within the riparian corridor. In addition, staff has recommended conditions, based on the applicant's request, to plant back native species in this area and to re-establish a healthy riparian corridor. DISCUSSION This request would result in the removal and mitigation for.15,734 sq. ft. of canopy removed. All mitigation trees are required to be bonded'for a three-year period. BUDGETIMPACT None. ) B.3 ADM 08-3093(Hill Place Culvert Removal) Page 6 of 8 RESOLUTION NO. A RESOLUTION TO APPROVE A REQUEST TO MODIFY AND REPLANT A PORTION OF THE TREE PRESERVATION AREA ASSOCIATED WITH HILL PLACE PZD,IN ORDER TO REMOVE A CULVERT WITHIN COLLEGE BRANCH CREEK AND TO INSTALL A VEHICULAR BRIDGE,AS DESCRIBED HEREIN_ WHEREAS, the applicant has studied an existing, un-permitted 10-foot diameter culvert located within College Branch Creek,which contributes to erosion and increased flooding; and WHEREAS, removal of the structurally failing culvert would reduce flooding potential upstream and reduce the likelihood of detrimental erosion impacts downstream; and WHEREAS, as required with the approved Hill Place Planned Zoning District, a vehicular bridge is to be constructed across the creek and established Tree Preservation Area; and WHEREAS, to acoomplish=the described culvert removal and bridge installation, a portion of the Tree Preservation Area will be impacted and subsequently the riparian corridor replanted; NOW, THEREFORE:, 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, pursuant to UDC Chapter 167 (L)(2), hereby approves a resolution to permit the described construction within the Tree Preservation Area associated with the bridge installation and culvert removal, with the following conditions: 1) All construction activities, including installation of erosion controland tree protection fencing, shall be permitted and inspected by both the City Engineering office and the Urban Forester prior to commencement. 2) Where feasible, native species that are to be removed shall be tree spaded, healed in and watered,and transplanted back to the site after construction. . 3) On-site mitigation will be required to replace the 15,734 square feet of canopy lost. Mitigation will require 55 (2) inch caliper large species trees to be located in the reclamation area. 4). All mitigation trees shall be native and-'represent species currently established and appropriate within the creek riparian area. The exact species will be determined at the time of planting and approved by the Urban Forester.