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HomeMy WebLinkAbout2011-03-15 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting March 15, 2011 A meeting of the Fayetteville City Council will be held on March 15, 2011 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: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: 1. Nominating Committee Report: APPROVED A. Consent: 1. Approval of the March 1, 2011 City Council meeting minutes. APPROVED 2. Bid #11-16 Downing Sales and Service: A resolution awarding Bid #11-16 and authorizing a contract with Downing Sales and Service in the amount of$166,308.00 for the purchase of one (1) refuse roll off truck for use by the Solid Waste Division, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #11-18 Sweetser Construction, Inc.: A resolution awarding Bid #11-18 and authorizing a contract with Sweetser Construction, Inc. in the amount of $1,057,331.00 for the construction of water main interconnections and the Stone Mountain Pump Station for the Canterbury Road Water Tank, approving a project contingency of$53,000.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-11 4. Insituform Technologies, Inc.: A resolution approving a contract extension with Insituform Technologies, Inc. in the amount of $330,000.00 for cured-in-place sanitary sewer linings. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-11 5. Bid #11-20 North Point Ford: A resolution awarding Bid #11-20 and authorizing a contract with North Point Ford in the amount of$90,020.00 for the purchase of two (2) Ford F-250 heavy duty pickup trucks for use by the fire department, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-11 6. Lake Sequoyah Lease Agreement with William Keith Shofner, Jr.: A resolution approving a lease contract with William Keith Shofner, Jr. on 82.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 44-11 7. Lake Sequoyah Lease Agreement with Jeff Price: A resolution approving a lease contract with Jeff Price on 54.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 45-11 8. Amend Resolution No. 05-07: A resolution amending Resolution No. 05-07 to reduce the payment guarantee required of Meadows Enterprises, Inc. for the Dead Horse Mountain Road Bridge from $36,668.92 to $7,703.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 46-11 B. Unfinished Business: 1. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. This item was tabled at the February 3, 2011 City Council meeting to the February 15, 2011 City Council meeting. This item was tabled at the February 15, 2011 City Council meeting to the March 15, 2011 City Council meeting. TABLED TO APRIL 5, 2011 CITY COUNCIL MEETING. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. 2011 Employee Service Award Program & Merit-based Pay Increases: A resolution amending the 2011 City budget by appropriating $629,900.00 for the implementation of an Employee Service Award Program for 2011 and for Merit-based Pay Increases not given during the last half of 2009. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 47-11 2. C112M Hill Engineers, Inc.: A resolution approving an out of scope agreement with CH2M Hill Engineers, Inc. in the amount of $265,000.00 for development of a Use Attainability Analysis (UAA) on the White River, approving a $50,000.00 contingency, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 48-11 3. Arkansas Western Gas Company: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Arkansas Western Gas Company in the minimum amount of $715,560.00 for the provision of natural gas service and the construction of necessary piping and infrastructure extensions for biosolids drying operations at the Noland Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5391 4. Amend §114.03 First Thursday Fayetteville: An ordinance amending subsection (B) of §114.03 First Thursday Fayetteville of Chapter 114: Food Sales of the Code of Fayetteville to add additional locations for the event. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5392 5. Amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes: An ordinance to amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes (B) Route Approval and (F) of the Fayetteville Code to allow use of pedicabs on streets with a posted speed limit of thirty-five (35) miles per hour or higher if authorized by the Transportation Services Director and (D) to allow pedicabs to operate on Scull Creek Trail, Mud Creek Trail and Frisco Trail. THIS ITEM WAS LEFT ON THE FIRST READING. 6. Amend §174.03 Exemptions: An ordinance to amend §174.03 Exemptions of Chapter 174 Signs of the Fayetteville Code to allow advertising on pedicabs. THIS ITEM WAS LEFT ON THE FIRST READING. 7. Amend §117.47 Advertising: An ordinance to amend §117.47 Advertising of the Fayetteville Code to remove authorization to place advertising signs on taxicabs. THIS ITEM WAS LEFT ON THE FIRST READING. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Announcements: Adjournment: 8:05 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 cellphones 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 City Council Meeting: March 15,2011 Adjourn: D CJ PIM Subject: Roll Ferrell Adams Lewis ✓ Gray Thiel S Kinion Petty Tennant ✓ Mayor Jordan Subject: Motion To: ad 4-, 4 PtA;k ',L + Motion By: Seconded: Q� Ferrell ✓ ,/ Adams ✓ �/ Lewis 1/ ✓ Gray o/ t✓ Thiel yp + Kinion ✓ ✓ Petty Tennant Mayor Jordan City Council Meeting: March 15,2011 Subject: Consent Motion To: Motion By: 01 Seconded: �sJ Ferrell Adams Vol Lewis Vol Gray 1/ v Thiel QbSenf PW Kinion L{ Petty O— 1 ` Tennant e� Mayor Jordan �-v Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Thiel Kinion Petty Tennant Mayor Jordan City Council Meeting: March 15,2011 Subject: Huntingdon Heights Appeal Motion To: otl Link— Motion By: Seconded: B. 1 Ferrell Unfinished Adams Business Lewis Gray Ol[ q Thiel Cl.6Sen-I' { t? Kinion l_ Petty Tennant Mayor Jordan 7—0 Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Thiel Kinion Petty Tennant Mayor Jordan City Council Meeting: March 15,2011 Subject: 2011 Employee Service Award Program & Merit-based Pay Increases Motion To: Motion By: Seconded: C. I Ferrell New Adams e/ Business Lewis Gray f Thiel I User%f Kinion Petty I I I 1 Tennant `l 1 Mayor Jordan 7 0 Subject: CH2M Hill Engineers,Inc Motion To: Motion By: Seconded: C. 2 Ferrell New Adams e/ Business Lewis t,✓` Gray !✓ PO Thiel �— Kinion 171 " I Petty Tennant Mayor Jordan 70 City Council Meeting: March 15,2011 Subject: Arkansas Western Gas Company Motion To: m Motion By: 05 Seconded: i C. 3 Ferrell ✓ New Adams Business Lewis �/ �✓ a/ Gray t✓ � � Thiel S�n� An Kinion Petty ✓ ,✓ 5 3 t I Tennant ✓ ✓ Mayor Jordan .7-0 Subject: Amend 114.03 First Thursday Fayetteville Motion To: � 1~ Motion By: Seconded: C. 4 Ferrell New Adams r/ Business Lewis �/ f✓ �' Gray ✓ p✓ v`F Thiel e1 -P 5�tb S�aI Kinion ✓ �/" L✓ Petty ✓ a✓ , ✓✓ Tennant ✓r Mayor Jordan �/-sJ 02-0 '7 O City Council Meeting: March 15,2011 Subject: Amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes Motion To: 41YVCA J Dv Motion By: $ ' Seconded: E Ki C. 5 Ferrell New Adams Business Lewis v' Gray o/ Thiel Kinion Petty Tennant ✓` • !lQ E F Mayor Jordan `d Subject: Amend §174.03 Exemptions Motion To: Motion By: Seconded: C. 6 Ferrell New Adams Business Lewis Gray ff *d Thiel iiEttl Kinion Petty a p06 Tennant (� Mayor Jordan City Council Meeting: March 15,2011 Subject: Amend§117.47 Advertising Motion To: Motion By: Seconded: C 7 Ferrell New Adams Business Lewis 4# 0r- Gray �",`'^4'�{)"y � Thiel 4. Kinion Petty lZalj Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Thiel Kinion Petty Tennant Mayor Jordan • t� a eVl a Departmental Correspondence Y ARKANSASLEGAL g DEPARTMENT Kit Williams TO: Lioneld Jordan, Mayor City Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant City Attorney FROM: Kit Williams, City Attorney DATE: March 16, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of March 15, 2011 1. Bid #11-16 Downing Sales & Service: A resolution awarding Bid #11-16 and authorizing a contract with Downing Sales and Service in the amount of $166,308.00 for the purchase of one refuse roll-off truck for use by the solid waste division, and approving a budget adjustment. 2. Bid #11-18 Sweetser Const., Inc.: A resolution awarding Bid #11-18 and authorizing a contract with Sweetser Const., Inc. in the amount of$1,057,331.00 for the construction of water main interconnections and the Stone Mountain Pump Station for the Canterbury Road Water Tank, approving a project contingency of $53,000.00, and approving a budget adjustment. 3. Insituform Technologies, Inc.: A resolution approving a contract extension with Insituform Technologies, Inc. in the amount of$330,000.00 for cured-in-place sanitary sewer linings. 4. Bid #11-20 North Point Ford: A resolution awarding Bid 411-20 and authorizing a contract with North Point Ford in the amount of $90,020.00 for the purchase of two Ford F-250 heavy duty pickup trucks for use by the Fire Department, and approving a budget adjustment. 5. Lake Sequoyah Lease Agreement (with Shofner, Jr.): A resolution approving a lease contract with William Keith Shofner, Jr. on 82.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. 6. Lake Sequoyah Lease Agreement (with Price): A resolution approving a lease contract with Jeff Price on 54.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. 7. Amend Resolution No. 05-07: A resolution amending Resolution No. 05-07 to reduce the payment guarantee required of Meadows Enterprises, Inc. for the Dead Horse Mountain Road Bridge form $36,669.92 to $7,703.00. 8. 2011 Employee Service Award Program & Merit-based Pay Increases: A resolution amending the 2011 City Budget by appropriating $629,900.00 for the implementation of an Employee Service Award Program for 2011 and for merit- based pay increased not given during the last half of 2009. 9. C112M Hill Engineers, Inc.: A resolution approving an out-of-scope agreement with CH2M Hill Engineers, Inc. in the amount of $265,000.00 for development of a Use Attainability Analysis on the White River, approving a $50,000.00 contingency, and approving a budget adjustment. 10. Arkansas Western Gas Company: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Arkansas Western Gas Company in the minimum amount of $715,560.00 for the provision of Natural Gas Service and the construction of necessary piping and infrastructure extensions for biosolids drying operations at the Noland Wastewater Treatment Facility. 11. Amend §114.03 First Thursday Fayetteville: An ordinance amending subsection (B) of §114.03 First Thursday Fayetteville of Chapter 114: Food Sales of the Code of Fayetteville to add additional locations for the event. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position I—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting March 15, 2011 A meeting of the Fayetteville City Council will be held on March 15, 2011 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: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the March 1, 2011 City Council meeting minutes. 2. Bid #11-16 Downing Sales and Service: A resolution awarding Bid #11-16 and authorizing a contract with Downing Sales and Service in the amount of$166,308.00 for the purchase of one (1) refuse roll off truck for use by the Solid Waste Division, and approving a budget adjustment. 3. Bid #11-18 Sweetser Construction, Inc.: A resolution awarding Bid #11-18 and authorizing a contract with Sweetser Construction, Inc. in the amount of $1,057,331.00 for the construction of water main interconnections and the Stone Mountain Pump Station for the Canterbury Road Water Tank, approving a project contingency of$53,000.00, and approving a budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Insituform Technologies, Inc.: A resolution approving a contract extension with Insituform Technologies, Inc. in the amount of $330,000.00 for cured-in-place sanitary sewer linings. 5. Bid #11-20 North Point Ford: A resolution awarding Bid #11-20 and authorizing a contract with North Point Ford in the amount of$90,020.00 for the purchase of two (2) Ford F-250 heavy duty pickup trucks for use by the fire department, and approving a budget adjustment. 6. Lake Sequoyah Lease Agreement with William Keith Shofner, Jr.: A resolution approving a lease contract with William Keith Shofner, Jr. on 82.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. 7. Lake Sequoyah Lease Agreement with Jeff Price: A resolution approving a lease contract with Jeff Price on 54.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. 8. Amend Resolution No. 05-07: A resolution amending Resolution No. 05-07 to reduce the payment guarantee required of Meadows Enterprises, Inc. for the Dead Horse Mountain Road Bridge from $36,668.92 to $7,703.00. B. Unfinished Business: 1. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. This item was tabled at the February 3, 2011 City Council meeting to the February 15, 2011 City Council meeting. This item was tabled at the February 15, 2011 City Council meeting to the March 15, 2011 City Council meeting. C. New Business: 1. 2011 Employee Service Award Program & Merit-based Pay Increases: A resolution amending the 2011 City budget by appropriating $629,900.00 for the implementation of an Employee Service Award Program for 2011 and for Merit-based Pay Increases not given during the last half of 2009. 2. C112M Hill Engineers, Inc.: A resolution approving an out of scope agreement with CH2M Hill Engineers, Inc. in the amount of $265,000.00 for development of a Use Attainability Analysis (UAA) on the White River, approving a $50,000.00 contingency, and approving a budget adjustment. 3. Arkansas Western Gas Company: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Arkansas Western Gas Company in the minimum amount of $715,560.00 for the provision of natural gas service and the construction of necessary piping and infrastructure extensions for biosolids drying operations at the Noland Wastewater Treatment Facility. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Amend §114.03 First Thursday Fayetteville: An ordinance amending subsection (B) of §114.03 First Thursday Fayetteville of Chapter 114: Food Sales of the Code of Fayetteville to add additional locations for the event. 5. Amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes: An ordinance to amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes (B) Route Approval and (F) of the Fayetteville Code to allow use of pedicabs on streets with a posted speed limit of thirty-five (35) miles per hour or higher if authorized by the Transportation Services Director and (D) to allow pedicabs to operate on Scull Creek Trail, Mud Creek Trail and Frisco Trail. 6. Amend §174.03 Exemptions: An ordinance to amend §174.03 Exemptions of Chapter 174 Signs of the Fayetteville Code to allow advertising on pedicabs. 7. Amend §117.47 Advertising: An ordinance to amend §117.47 Advertising of the Fayetteville Code to remove authorization to place advertising signs on taxicabs. Announcements: 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 Requisition No.: ate: `G11ty Of Fayetteville ', Purchase Order(PO)Request212312011 A.3 - (Nota Purchase Order) P.0 Number: hxpected Delivery ate: bid#11-16 bweetser Ally'p6Ychase�ui'ntler$254A9hal/be used on a Xi:artl,unksi,medical o[109&aervice related. {Call x256 with questions) ASAP Construction, Inc. iYll RO R' nest s'hall�bescenned to the Purchaein a mail:PurQhasin i:fa Neville.ar:us Page 1 of 2 Vendor#: Vendor Name: - Mail 56870 Sweetser Construction,Inc. Yes:_ No: x Address: Fob Point:1400 h 113 W Mountain Taxable Quotes Attached 590 West Poplar Fayetteville,AR 72701 Yes:_ No: x Yes: No: x City: State: Zip Code: Ship to code: Divison He pproval: Fayetteville AR 72703 Requester: Requester's Employee#: Extension: David Jur ens 490 330 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subroect# Inventory# Fixed Asset# Water Main Interconnections 1 and Stone Moutain Pump 1 ea 1,057,331.00 $1,057,331.00 5400.5600.5315.00 04036.1 Station,Bid 11-18 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 * Special Instructions: Bid 11-18.tax included in bid Subtotal: $1,057,331.00 Tax: $97,803.12 Total: $1,155,134.12 Approvals: Mayor: Department Director: Purchasing Manager: Finance&Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/2/2008 A.3 Bid#11-18 Sweetser Construction, Inc. Page 2 of 2 1P City of Fayetteville Staff Review Form A.6 Lake Sequoyah Lease Agreement Ru City Council Agenda Items with William Keith Shofner,Jr. and Page 1 of 10 Contracts, Leases or Agreements city Council Meeting Da e Agenda Items Only Byron Humphry Parks Maintenance Parks and Recreation Submitted By Division 3.�ODepartment tDl AA©00 r )k�lan. Action Requir d: Approve an agreement with William Keith Shoer, Jr., to pasture cattle and/or horses and to bale and remove hay on 82.55 acres of land adjacent tc Lake SequoT.ya Agreement is for two years and can be automatically renewed for an additional 8 years. This agreement will renew an expired 10 year agreement that was very beneficial to the City and Mr. Shofner. Purchasing director, Peggy Vice, approved not bidding due to location of land (landlocked from other individuals) and due to Mr. Shofner's good standing with the City. CCP A- $ Cost of this request •�' Category/Project Budget Program Category/Project Name U 19 A() $ Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Departure irector Date AT— Original Contract Date: 2 L T— Original Contract Number: ttorney Date �oY Q (a z 28-2a 11 Date Received in C412--- 1 1 P 0 4 :0'i R is V L Finance and Internal Services Director Clerk's Office ✓✓,, Chief of St Date Received in EPTERC r / Mayor's Office y ar ate Comments: This land is immediately adjacent to a 169.8 acres at Lake Sequoyah owned by the City in which the Shofner family has a lifetime lease. Shofner also owns 40 acres adjacent to City property. � � � CA 1q-5Y-30L- iu ui C k " 4f Jx I.M�G Revised January 15,2009 A.6 IC�(/f THE CITY OF FA ak tQ�gement P Pdi701 1P PARRS AOS FWaye t iIIe RPhfl4{2' r. �/ �/ jam/ P(479)444-3471 F(479)521-7714 Y ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Connie Edmonton, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: March 3, 2011 RE: Lake Sequoyah Lease Agreement to William Keith Shofner, Jr. and Jeff Price In 1958 the City began purchasing land around Lake Sequoyah as a water supply. Certain landowners were given a license agreement to continue to utilize the property for grazing and/or hay production. These license agreements were specified to previous property owners for their lifetime and/or the lifetime of their heirs. One such lease was given to the Shofner family in 1960 for the lifetime of Hal L., William Keith, Alice Ruth, William Keith Jr., and Robert Wallace Shofner. Currently William Keith Shofner holds claim to the lifetime license agreement. In 1999, it was determined that 82.55 acres adjacent to the Shofner lifetime lease (see attached map), land that was formerly held in a lifetime license agreement by the Miller family, was deteriorating and illegal activity was occurring which included poaching, four wheeling, discharge of firearms, boat launching, and fishing without permit. At this time William Keith Shofner, Jr. offered to build new fencing around the Miller property and provide gated access through his current lifetime lease property. The City agreed to a 2 year lease, renewable for 8 one-year terms which would allow Shofner to pasture cattle and/or horses and to bale and remove hay. The lease also allowed Shofner access to remote areas of his lifetime lease area. In exchange, Shofner agreed to build and maintain fencing on the property, maintain the premises in a good condition, and prevent unauthorized access and hunting. Through this lease, the City gained a steward of the land that provided security and maintenance. In 2000, it was determined that the land to the east of the old Miller property (54.55 acres) was also deteriorating and illegal activity was occurring similar to the former condition of the old Miller property. Shofner approached the City to lease the 54.55 acre tract to maintain the land and deter illegal activity. Jeff Price also expressed interest in leasing this property because he owns all of the land to the south of the 54.55 acres. Price owns approximately 285 acres. Since both gentlemen were interested in leasing the property, bids were taken and the lease was awarded to Jeff Price in which he offered a sum of $2,600 per year. In addition to the annual payment, Mr. Price also agreed to build and maintain a fence on the property, maintain the property in a good condition, and prevent unauthorized access and hunting. The City agreed to a 2 year lease, renewable for 8 one-year terms. Both of the Shofner and Price leases have expired. Due to both gentlemen being in good standing with the City over the course of their previous 10 year leases, and because each property is essentially landlocked to anyone else other than Shofner or Price, it is the desire of the Parks Department to renew the leases for the following reasons: 1. Shofner holds a lifetime lease adjacent to the 82.55 acres that he formerly leased. 2. Shofner needs the 82.55 acres to access his lifetime lease area with the City. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 A.6 THE CITY OF FA tM. W men[ Page 3 of 10 3. Price owns all of the land surrounding the 54.55 acres that he formerly leased from the City. 4. The 54.55 acres is only accessible to Shofner or Price. 5. Both of the former leases were of great benefit to the City providing maintenance and deterring illegal activity in this area at Lake Sequoyah. These illegal activities are all prohibited by City ordinance but are difficult to enforce without the lease agreement and the presence of the lessee tending to the land. 6. Both Shofner and Price were contacted and wish to continue their respective lease agreements under the previous terms with the exception that Shofner would pay the same rent per acre of pasture land as Price, which is approximately $112 per acre. The 54.55 acres that Price leased is comprised of approximately 23 acres of pasture land whereas the 82.55 acres that Shofner leased is comprised of approximately 18 acres of pasture land. Therefore the new lease with Shofner will be for$2,000 per year. The Parks and Recreation Department therefore recommends that we renew our lease agreements with Mr. Shofner and Mr. Price for the same terms and duration as the previous leases that have expired with the exception that Mr. Shofner agrees to pay $2,000 per year. The biggest value of these leases to the City is that these properties are maintained and illegal activity is deterred without an expense to the City. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 A.6 Lake Sequoyah Lease Agreement with lilliarn Keith Shofner,Jr. Page 4 of 10 r I i I I r 00 � o m $ i ' i Ji! aai f O i . ✓ ; � C ���I I f� I o i e ` M o t to p _ 1 ,1I/'II3�� -li r Ilii, . . N Iti ilk � O l i l 9n. Oe�N I `1 8 I1i ;1 a CID 3 � I 0 01{Op 4) -0 a. dJ*00 Of LN NL � o CO �$ t00 � 0 40 fyl r � Ij � C (/� rNa`11yy0 y - r � toiiNu� a`a w i I �� �f Pfoe3t �/ d 'I 1 il�alrl�utipl'�II��1�1.'�II I I I I II i A.6 Lake Sequoyah Lease Agreement with William Keith Shofner,Jr. Page 5 of 10 RESOLUTION NO. A RESOLUTION APPROVING A LEASE CONTRACT WITH WILLIAM KEITH SHOFNER, JR. ON 82.55 ACRES OF LAND ADJACENT TO LAKE SEQUOYAH FOR PURPOSES OF PASTURING CATTLE AND HORSES, AND CUTTING AND BALING HAY 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 lease contract with William Keith Shofner, Jr., a copy of which is attached as Exhibit "A", concerning 82.55 acres of land described therein adjacent to Lake Sequoyah for purposes of pasturing cattle and horses, and cutting and baling hay. PASSED and APPROVED this 15°i day of March, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.6 Lake Sequoyah Lease Agreement with William Keith Shofner,Jr. Page 6 of 10 City of Fayetteville Lake Sequoyah Lease Agreement This Agreement executed this day of , 2011, between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "the City' and William Keith Shofner, Jr., hereinafter called "Mr. Shofner". This agreement is for approximately 82.55 acres of unused land adjacent to Lake Sequoyah. Whereas, Mr. Shofner is the owner of approximately 40 acres of land which adjoins land owned by the City adjacent to Lake Sequoyah; and Whereas, Mr. Shofner currently retains a lifetime lease on approximately 169.8 acres of land from the City, as a result of the original construction of Lake Sequoyah; and Whereas, the aforementioned 82.55 acres of land owned by the City is adjacent to the 169.8 acres of land under the lifetime lease of Mr. Shofner and is essential for access to the leased property; and Whereas, illegal activity including poaching, four wheeling, discharge of firearms, boat launching, and fishing has been deterred under the prior 10 year agreement; and Whereas, Mr. Shofner is in good standing with the City on existing leased land and the prior 10 year agreement was of great benefit to the City. Now, Therefore, the City and Mr. Shofner hereby agree as follows: 1. The City hereby agrees to allow Mr. Shofner to utilize, the following described property(s) situated in Washington County, Arkansas, described in Exhibit A A.6 Lake Sequoyah Lease Agreement with William Keith Shofner,Jr. Page 7 of 10 attached hereto and made a part thereof. 2. The term of this agreement shall be for a period of two (2) years commencing on the execution date hereof. However, the agreement may be automatically renewed for eight (8) one (1) year terms upon agreement by both the City and Mr. Shofner. Provided, the City may terminate this agreement at any time for all or any portion of the demised premises by giving Mr. Shofner ninety (90) days written notice by regular mail at Mr. Shofner's regular mailing address if the City determined that said premises are needed for public park purposes. 3. In consideration for the City leasing the demised premises to Mr. Shofner, Mr. Shofner agrees to pay the City $2,000 per year. Payment is to be made by January 1 of each year. 4. Mr. Shofner shall use the demised premises solely to provide pasture for Mr. Shofner's cattle and/or horses and to bale and remove hay. When baled, any hay shall immediately become the property of Mr. Shofner. 5. Mr. Shofner shall fertilize the demised premises so that, upon expiration of this agreement, the demised premises shall be in as good condition as on the execution date hereof. Fertilizer should be applied in accordance to applicable local and states laws. 6. Mr. Shofner shall not remove, nor permit to be removed, any tree on the demised premises. 7. Mr. Shofner shall not hunt, or permit any other person to hunt, on the demised premises. 8. During the term of this agreement, the City shall have the right to construct walking paths in close proximity to Lake Sequoyah which walking paths shall constitute a public easement for use by the public. If such walking paths conflict with grazing cattle and/or horses, Mr. Shofner shall exclude cattle and/or horses from the trail premises. A.6 Lake Sequoyah Lease Agreement with William Keith Shofner,Jr. Page 8 of 10 9. The City shall have the right to enter the demised premises at any time for the purpose of inspecting the property, surveying, or constructing walkways; and the City shall not be liable to Mr. Shofner for damages as a result of such entry, surveying, or construction. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST: By: Sondra Smith, City Clerk MR. WILIIAM KEITH SHOFNER, JR. By: � I William Keith Shofner, Jr A.6 equoyah Lease Agreement ,te with V illiam Keith Shofner,Jr. Qp ms's° Page I of 10 m OD i o Q' C _ C) N I N i W C5 Cl) �+¢ t/ O1S32103N015 O �yX Id VO1S83r C) Ole > i3 1S NVO Nld o / Q O N 3 00 ` n ¢ m r'✓( ( e / L O m / m � L m r 0 O Y m o • So o IM aro 'o �y = < .oo a I S m n m co a"$- a i /J oQ . m l 1— J m A H� Y = $`ma 3 E Q Q m LO 00 £ y 31310,0r- n 03SppHN y w c y x SL08 31 b��btl HO HVAOr1O3S 3NVl 3AV NIMOIVS A.6 Lake Sequoyah Lease Agreement with William Keith Shofner,Jr. Page 10 of 10 City of Fayetteville Staff Review Form A.7 Lake Sequoyah Lease City Council Agenda Items Agreement with Jeff Price Page 1 of 10 and Contracts, Leases or Agreements �4l�ln City Co cil Meeting Date Agenda Items Only Byron Humphry Parks Maintenance Parks and Recreation Submitted By Division Department Act ionRequired: Approve an agreement with Jeff Price to pasture cattle and/or horses and to bale and remove hay on 54.55 acres of land adjacent to Lake Sequoyah for$2600 per year. Agreement is for two years and can be automatically renewed for an additional 8 years. This agreement will renew an expired 10 year agreement that was very beneficial to the City and Mr. Price. Purchasing Director, Peggy Vice, approved not bidding due to location of land (being landlocked from other individuals) and Mr. Price's good standing with the City. ($2,600) $ - Cost of this request Category/Project Budget Program Category/Project Name 1010-0001-4997.00 $ - General Account Number Funds Used to Date Program/Project Category Name $ _ Parks Misc. Revenue Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 40epartme Previous Ordinance or Resolution# it ct Date Original Contract Date: 1-Z S-// Original Contract Number: Ci Attorney Date 02-CD-11PO4 : 07 R C V D Finance and Internal Services Director Date Received in City Clerk's Office , Chef of S If Date Ef�TERE Received in I/ �( � Mayor's Office Ma r ate Comments: Mr. Price owns approximately 285//acres of land south of the referenced 5=acres./SCA 14-5`l--Ln rc Wm- (fAAf Revised January 15, 2009