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HomeMy WebLinkAbout2013-03-19 - Agendas - FinalMayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith TayeVlle Final Agenda City of Fayetteville Arkansas City Council Meeting March 19, 2013 Aldermen Ward 1 Position 1 —Adella Gray Ward 1 Position 2—Sarah Marsh Ward 2 Position 1 — Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position l — Justin Tennant Ward 3 Position 2 —Martin W. Schoppmeyey Jr. Ward 4 Position 1 — Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council will be held on March 19, 2013 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: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the March 05, 2013 City Council meeting minutes. APPROVED 2. Portable Changeable Message Sign: A resolution approving a budget adjustment in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. PASSED AND SHALL BE AS RESOLUTION NO. 50-13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 3. Bid #13-12 North Point Ford: A resolution awarding Bid #13-12 and authorizing the purchase of three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 51-13 4. Bid #13-13 North Point Ford: A resolution awarding Bid #13-13 and authorizing the purchase of one (1) Ford F-250 utility truck from North Point Ford of North Little Rock in the amount of $32,969.00 for use by the Transportation Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 52-13 5. North Point Ford — Information Technology Division: A resolution authorizing the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the Information Technology Division, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 53-13 6. Bale Chevrolet — Transportation Department: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 54-13 7. Bale Chevrolet — Solid Waste Division: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-13 8. Mountain Street and College Avenue Sidewalk Improvements: A resolution approving a budget adjustment in the amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-13 9. Crafton Tull: A resolution approving a contract with Crafton Tull in an amount not to exceed $42,430.00 for architectural and bidding services related to renovations of pool buildings at Wilson Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 57-13 10. Rupple Road Improvements: A resolution expressing the willingness of the City of Fayetteville to utilize federal -aid funds for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 58-13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 B. Unfinished Business: 1. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. This item was tabled at the March 05, 2013 City Council meeting to the March 19, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 59-13 C. New Business: 1. Amend §33.108 Compensation: An ordinance to amend §33.108 Compensation relating to the Planning Commissioners and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5572 2. VAC 12-4203 (Halsell Road Sewer Easements): An ordinance approving VAC 12- 4203 submitted by the City of Fayetteville for several blanket easements along Halsell Road, Maple Street and Oliver Avenue. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5573 3. First Community Bank of Crawford County Cost Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a $64,000.00 cost -share agreement with First Community Bank of Crawford County for the milling and paving of streets within the Sunbridge Villas Development, and approving a budget adjustment of $64,000.00 recognizing revenue from letters of credit. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5574 4. U.S. Geological Survey Agreement: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2013. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5575 5. ADM 13-4331 Local Foods Ordinance Review: A resolution to request city staff review the Unified Development Code and prepare amendments to allow residents to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 60-13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 6. Amend §114.02 Farmers' Market: An ordinance to amend §114.02 Farmers' Market to transfer the current free use of the south parking spaces on Mountain Street to the control of the Rural Mountain Producers Exchange Board, to close Mountain Street to traffic, to permit sound application during Farmers' Market and to make other changes. THIS ITEM WAS LEFT ON THE FIRST READING D. City Council Agenda Session Presentations: 1. Entertainment District Parking Deck Update and Public Input Session — David Jurgens, Utilities Director and Team E. City Council Tour: 1. March 25, 2013 5:00 PM Fayetteville Public Library 2. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 3. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 7:55 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting: March 19, 2013 Adjourn: Subject: Roll Long Gray Marsh ,0 Kinion Wen A Petty �f �!� Tennant �1i4�0�ryE choppmeyer v�(JJ,@anF Adams Mayor Jordan Subject: Nominating Committee Report Motion To: Motion By: G Seconded: �n Long Gray C P� Marsh r/ Kinion ✓ Petty Tennant Schoppmeyer "Sea Adams Mayor Jordan City Council Meeting: March 19, 2013 Subject: Consent Motion To: Motion By: Seconded: j/ Long Gray ✓ Marsh rs Kinion i✓ ¢p Petty b%3r Tennant -------" Schoppmeyer f1Aat" v„ 'i " Adams , /3 Mayor Jordan y-nrU _® 58-/3 Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: March 19, 2013 Subject: Wedington Corridor Neighborhood Master Plan Motion To: rove Motion By: Seconded: B.1 Long Unfinished Gray 6/- Business Marsh VZ Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: March 19, 2013 Subject: Amend §33.108 Compensation Motion To: MO np a2 �d G04 3 rd Motion By: Seconded: C.I Long ✓ ✓ ✓ �/°" New Gray ✓ ✓ �' �„ Business Marsh ,/ �/ ✓ wo, Kinion ✓ ,®�WOO Petty ✓ +/ , �� Tennant ,,�+a Schoppmeyer s 5IS(' Adams ✓ e/ ,a 5 / Mayor Jordan &-0 6-0 (,D 60-Q Subject: VAC 12-4203 (Halsell Road Sewer Easements) Motion To: ^ .31-d Motion By: ea Seconded:, C. 2 Long — New Gray ✓ �" Business Marsh Kinion ✓ Petty Tennant Schoppmeyer 5 Adams 5 J 3 Mayor Jordan b4 b-0 City Council Meeting: March 19, 2013 Subject: First Community Bank of Crawford County Cost Share Agreement Motion To: Motion By: Seconded: C.3 New Long i/ ,/ Gray J Business Marsh / d Kinion f We - Petty f ✓,- Tennantj ��3y�.• Schoppmeyer Adams / W Mayor Jordan (,p'0 (0-0 lu -0 Subject: U.S. Geological Survey Agreement Motion To: i 3C Motion By: Seconded: C.4 Long New Gray Business Marsh ✓ "� ✓ Kinion Vol' Petty 1-1- ✓ ,/ Tennant Schoppmeyer ASO- Adams r� Mayor Jordan &'0 -O ZO - City Council Meeting: March 19, 2013 Subject: ADM 13-4331 Local Foods Ordinance Review Motion To: Motion By: Seconded: C.5 Long �^ New Gray Business Marsh Kinion ✓ Petty =r° Tennant Schoppmeyer Q Adams Mayor Jordan Subject: Amend §114.02 Farmers' Market Motion To: Motion By: Seconded: C.6 Long New Gray Business Marsh Kinion Petty+� Olk Tennant .Ylr Schoppmeyer Adams Mayor Jordan Departmental Correspondence Kit Williams CityAttorney Jason B. Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney �C DATE: March 20, 2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of March 19, 2013 1. Portable Changeable Message Sign: A resolution approving a budget adjustment in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. 2. Bid #13-12 North Point Ford: A resolution awarding Bid #13-12 and authorizing the purchase of three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. 3. Bid #13-13 North Point Ford: A resolution awarding Bid #13-13 and authorizing the purchase of one (1) Ford F-250 utility truck from North Point Ford of North Little Rock in the amount of $32,969.00 for use by the Transportation Department. 4. North Point Ford — Information Technology Division: A resolution authorizing the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the Information Technology Division, and approving a budget adjustment. 5. Bale Chevrolet — Transportation Department: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department, and approving a budget adjustment. 6. Bale Chevrolet — Solid Waste Division: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. 7. Mountain Street and College Avenue Sidewalk Improvements: A resolution approving a budget adjustment in the amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. 8. Crafton Tull: A resolution approving a contract with Crafton Tull in an amount not to exceed $42,430.00 for architectural and bidding services related to renovations of pool buildings at Wilson Park. 9. Rupple Road Improvements: A resolution expressing the willingness of the City of Fayetteville to utilize federal -aid funds for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road. 10. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. 11. Amend §33.108 Compensation: An ordinance to amend §33.108 Compensation relating to the Planning Commissioners and to approve a budget adjustment. 12. VAC 12-4203 (Halsell Road Sewer Easements): An ordinance approving VAC 12- 4203 submitted by the City of Fayetteville for several blanket easements along Halsell Road, Maple Street and Oliver Avenue. 13. First Community Bank of Crawford County Cost Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a $64,000.00 cost -share agreement with First Community Bank of Crawford County for the milling and paving of streets within the Sunbridge Villas Development, and approving a budget adjustment of $64,000.00 recognizing revenue from letters of credit. 2 14. U.S. Geological Survey Agreement: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2013. 15. Local Food Ordinance Review: A resolution to request city staff review the UDC and prepare amendments to allow residents to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. 3 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith TayeVlle Final Agenda City of Fayetteville Arkansas City Council Meeting March 19, 2013 Aldermen Ward 1 Position 1 —Adella Gray Ward 1 Position 2—Sarah Marsh Ward 2 Position 1 — Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position l — Justin Tennant Ward 3 Position 2 —Martin W. Schoppmeyey Jr. Ward 4 Position 1 — Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council will be held on March 19, 2013 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: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the March 05, 2013 City Council meeting minutes. 2. Portable Changeable Message Sign: A resolution approving a budget adjustment in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 3. Bid #13-12 North Point Ford: A resolution awarding Bid #13-12 and authorizing the purchase of three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. 4. Bid #13-13 North Point Ford: A resolution awarding Bid #13-13 and authorizing the purchase of one (1) Ford F-250 utility truck from North Point Ford of North Little Rock in the amount of $32,969.00 for use by the Transportation Department. 5. North Point Ford — Information Technology Division: A resolution authorizing the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the Information Technology Division, and approving a budget adjustment. 6. Bale Chevrolet — Transportation Department: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department, and approving a budget adjustment. 7. Bale Chevrolet — Solid Waste Division: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. 8. Mountain Street and College Avenue Sidewalk Improvements: A resolution approving a budget adjustment in the amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. 9. Crafton Tull: A resolution approving a contract with Crafton Tull in an amount not to exceed $42,430.00 for architectural and bidding services related to renovations of pool buildings at Wilson Park. 10. Rupple Road Improvements: A resolution expressing the willingness of the City of Fayetteville to utilize federal -aid funds for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road. B. Unfinished Business: 1. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. This item was tabled at the March 05, 2013 City Council meeting to the March 19, 2013 City Council meeting. C. New Business: 1. Amend §33.108 Compensation: An ordinance to amend §33.108 Compensation relating to the Planning Commissioners and to approve a budget adjustment. 2. VAC 12-4203 (Halsell Road Sewer Easements): An ordinance approving VAC 12- 4203 submitted by the City of Fayetteville for several blanket easements along Halsell Road, Maple Street and Oliver Avenue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 3. First Community Bank of Crawford County Cost Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a $64,000.00 cost -share agreement with First Community Bank of Crawford County for the milling and paving of streets within the Sunbridge Villas Development, and approving a budget adjustment of $64,000.00 recognizing revenue from letters of credit. 4. U.S. Geological Survey Agreement: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2013. 5. ADM 13-4331 Local Foods Ordinance Review: A resolution to request city staff review the Unified Development Code and prepare amendments to allow residents to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. 6. Amend §114.02 Farmers' Market: An ordinance to amend § 114.02 Farmers' Market to transfer the current free use of the south parking spaces on Mountain Street to the control of the Rural Mountain Producers Exchange Board, to close Mountain Street to traffic, to permit sound application during Farmers' Market and to make other changes. D. City Council Agenda Session Presentations: 1. Entertainment District Parking Deck Update and Public Input Session — David Jurgens, Utilities Director and Team E. City Council Tour: 1. March 25, 2013 5:00 PM Fayetteville Public Library 2. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 3. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 adAj 6d A-d- C1 6 AGENDA REQUEST "�� -AcAnd §114.02 Farmers' Market Page 1 of 6 ma" /4, 07o13 FOR: COUNCIL MEETING OF *PK#;*7,= FROM: ALDERMAN MATTHEW PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §114.02 Farmers' Market To Transfer The Current Free Use Of The South Parking Spaces On Mountain Street To The Control Of The Rural Mountain Producers Exchange Board, To Close Mountain Street To Traffic, To Permit Sound Application During Farmers' Market And To Make Other Changes APPROVED FOR AGENDA: Matthew Petty, 1�1der an Date i (2- (3 City Attorney Date (as to form) C. 6 Amend §114.02 Farmers' Market Page 2 of 6 ORDINANCE NO. AN ORDINANCE TO AMEND § 114.02 FARMERS' MARKET TO TRANSFER THE CURRENT FREE USE OF THE SOUTH PARKING SPACES ON MOUNTAIN STREET TO THE CONTROL OF THE RURAL MOUNTAIN PRODUCERS EXCHANGE BOARD, TO CLOSE MOUNTAIN STREET TO TRAFFIC, TO PERMIT SOUND APPLICATION DURING FARMERS' MARKET AND TO MAKE OTHER CHANGES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §114.02 Farmers' Market (A) Establishment, location and parking restrictions of the Fayetteville Code by amending the third sentence to include "and on the south side of Mountain Street" and amending the last sentence to allow amplified music by special event permit so that §I14.02(A) shall read: "(A) Establishment, location and parking restrictions. A farmers' market is hereby established in the city. This marketplace shall be located on the interior parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown Square. In addition, on Saturdays only, parking spaces on the ease side of East Avenue and on the south side of Mountain Street on the Downtown Square shall be available for vendors by closing the street to through traffic. Vendors shall be permitted to park their vehicles at right angles to street curbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks around the Square shall remain freely available to the public with the inside two-thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the C. 6 Amend §114.02 Farmers' Market Page 3 of 6 corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for government communication, free speech and acoustic music purposes. No sound amplification may be used unless approved by the Rural Mountain Producers Exchange Board and City through its Special Event Permit Process. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §114.02 (C) Articles permitted to be sold by adding "and have all appropriate permits" to the last sentence. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02 (E) Fee by repealing it and relettering subsections (F) & (G) appropriately. PASSED and APPROVED this 19t" day of March, 2013. APPROVED: Un LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer (3/8/2013) Kit Williams - Re: Farmers' Market Ordinance C. 6 Seite 1 Amend §114.02 Farmers' Market Page 4 of 6 From: Matthew Petty - Fayetteville Ward 2 <citycouncil@matthewpetty.org> To: Kit Williams<kwilliams@ci.fayetteville.ar.us> Date: 3/7/2013 1:27 PM Subject: Re: Farmers' Market Ordinance Good afternoon, I just wanted to follow up on this. I really want the Council to have an opportunity to consider this at the next meeting before the Market season really gets going. -M On Mon, Mar 4, 2013 at 11:13 AM, Matthew Petty - Fayetteville Ward 2 < citycouncil@matthewpetty.org> wrote: > Good morning, Kit - > > I'd like bring forward an ordinance making the following four changes to > the existing Farmers' Market ordinance. These changes were requested by the > Market. > Can we work these up in time for inclusion with the next agenda? > Thanks, >M > * Farmers' Market Ordinance ChangesCity Ordinance XI Chapter 114.02 (A) > - Add the south side of Mountain St to the space which shall be > available for vendors by closing the street to through traffic. > - Append to last sentence such that "No sound amplification devices > may be used unless aproved by City special event permit issued to the > Farmers' Market. No other organization or individual may apply for this > permit during Farmers' Market hours of operations without written approval > by the Farmers' Market. > (C) > - append "and have all appropriate permits" to the end. > (E) > - Remove this section. G0� lALJ ---. FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS CHAPTER 114: FOOD SALES 114.01 Drive -In Restaurants (A) A drive-in restaurant, within the meaning of this chapter, shall be deemed to be any restaurant where meals, sandwiches, icecream, orotherfood, is served directly to or is permitted to be consumed by patrons in automobiles, motorcycles, or other vehicles parked on the premises. (B) Prohibited Acts (1) It shall be unlawful for any person, while on or adjacent to the premises of a drive-in restaurant, to race the motor of any car, tp suddenly start or stop any car, or to make of cause to be made, any other loud or unseemly noise. (2) It shall also be unlawful for any other person parked on the premises of such restaurant, to blow or cause to be blown any automobile horn or motorcycle horn at any time while so parked. s-. (3) It shall be unlawful for any patron or other person on the premises of a drive-in restaurant, whether in or out of an automobile, to drink any intoxicating beverage of any nature. (4) It shall be unlawful for a group of three or more persons to congregate and linger at any location on the premises of a drive-in restaurant. Persons so congregating and lingering shall be deemed guilty of loitering. No person shall drive a motor vehicle on to the premises of a drive-in restaurant and then from said premises without parking such motor vehicle, unless there is no unoccupied parking space available on said premises. (5) It shall be unlawful for any person to leave any unoccupied motor vehicle on any drive-in restaurant parking lot and to leave the premises thereof, except with the knowledge and consent of the operator of the restaurant. (Code 1965, §§7A-1, 7A-3, 7A-4; Ord. No. 1706,10-6-69; Code 1991,§114.01) Cross reference(s)--Penalty, §114.99(A). 114.02 Farmer's Market (A) Establishment, location, and parking restrictions. A farmers' market is hereby established in the city. CD114:3 C. 6 Amend §114.02 Farmers' Market Page 5 of 6 This marketplace shall be located on the interior parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown Square. In addition, on Saturdays only, parking spaces on the east side of the East Street on the Downtown Square shall be available for vendors by closing the / street to through traffic. Vendors shall be permitted G� / to park their vehicles at right angles to street curbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks around the Square shall remain freely available to the public with the inside two-thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for government communication, free speech and acoustic music purposes. No sound amplification devices may be used. (B) Days and hours. The Farmers' Market may be open and operating Tuesdays and Thursdays from 6:00 a.m. until 1:00 p.m. and on Saturdays from 6:00 a m. until 2:00 p.m. from April until Thanksgiving, (C) Articles permitted to be sold. The following articles may be sold at the marketplace established hereby: vegetables, honey, raw juices, molasses, fruit, and other produce grown by the vendor thereof, plants, art work, craft work, and other processed farm products produced by the vendor thereof. All products sold at the marketplace must be produced in compliance with all applicable regulations of the State Department of Health. (D) Sanitation At the close of each market day, each vendor shall be required to leave the marketplace in a clean and sanitary condition, free from debris and insects. (E) Fee. The fee to be paid by each vendor for the use of the marketplace shall be $5.00 per year plus ten percent of gross proceeds realized by the vendor from sales at the marketplace. (F) Use of public streets for business prohibited, exception. It shall be unlawful for any person to use any public street, public parking place, or public r C. 6 Amend §114.02 Farmers' Market Page 6 of 6 FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS sidewalk, as a place of business except as authorized by this section; provided, any merchant whose building is adjacent to a public siflewalk may conduct business thereon if pedestrian traffic is not obstructed thereby; provided further, the City Council may approve temporary use of a public street, place, or sidewalk as a marketplace where such use is part of an event, activity, or celebration of general public interest. The City Council may impose reasonable conditions on such use as are necessary to safeguard the public health, safety, and welfare. (G) City laws and regulations prevail over Rural Mountain Producers Exchange Board policies. If the Mayor determines that a policy of the Rural Mountain Producers Exchange Board concerning its operation of the Farmers' Market on city property violates the law or city regulations, such policy shall be revoked and no longer operative. The Rural Mountain Producers Exchange Board may appeal such revocation of any of its policies to the City Council, (Code 1965, §13-14; Ord, 2040, 8-20-74; Ord. No. 2846, 8-17- 82; Ord. No. 2862, 10-5-82; Ord. No. 2925, 6-7-83; Code 1991, §114.03; Ord. No. 4045, §1, 7-15-97; Ord. No, 4248, 6-6-00; Ord. 5309, 4-6-10) Cross reference(s)--Penally, §10,99. State law references) --Maintenance and regulation of markets, A.C.A. §14-140-101. 114.03 First Thursday Fayetteville (A) Establishment, hours and dates. First Thursday Fayetteville is hereby established. This monthly event shall run on the first Thursday of every month from April through November during the hours of 4 P.M. through 10 P.M. (B) Location, parking restrictions and administration. First Thursday Fayetteville shall be located and have control over the public parking spaces along both sides of East Avenue between Mountain Street and Center Street, along both sides of Center Street between East Avenue and Block Avenue, along both sides of Block Avenue between Center Street and Mountain Street, and along both sides of Mountain Street between East Avenue and Block Street during its hours of operation. The Fayetteville Convention and Visitors Bureau shall administer First Thursday Fayetteville and is authorized to remove or request the ticketing of vehicles parked within the allocated areas on East Avenue, Center Street, Block Avenue and Mountain Street between 4:00 P.M. and 10:00 P.M_ on days of the event. The Bureau is further CD114:4 authorized to close East Avenue between Mountain Street and Center Street, Center Street between East Avenue and Block Avenue, Block Avenue between Center Street and Mountain Street and Mountain Street between East Avenue and Block Street to vehicular traffic during the First Thursday Fayetteville event. (C) Articles permitted to be sold. Only objects of art or craft produced and sold by a local artist or craftsperson may be sold at the First Thursday Fayetteville event. The Fayetteville Convention and Visitors Bureau is empowered to assign precise locations for any vendors wishing to display or sell their personally created art or craft work. ,(D) Sanitation. At the close of vendor's operation (no later than 10:00 P.M), the vendor shall clean the immediate area around the vendor's operation and ensure that all trash and debris are removed and properly discarded. (Ord. 5307, 3-16-10; Ord. 5392, 3-15-10:Ord. 5487, 3-6-12) 114.04-114.98 Reserved 114.99 Penalty Any person found guilty of violating any of the provisions of §114.01 shall be deemed guilty of a misdemeanor and shall be fined not more than $100.00. (Code 1965. §§7A-2, 11-5; Ord. No. 786, 9-2-35; Ord. No. 1706, 10-6-69; Code 1991, §114.99: Ord. No. 4045, 7-15-97) Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith T '*ft ayeVv., le City of Fayetteville Arkansas City Council Meeting Minutes March 05, 2013 City Council Meeting Minutes March 5, 2013 Page l of 13 Aldermen Ward I Position 1 — Adella Gray Ward 1 Position 2 — Sarah Marsh Ward 2 Position 1 — Mark Kinion Ward Position 2—Matthew Petty Ward 3 Position 1 — Justin Tennant Ward 3 Position 2 —Martin W. Schoppmeyer, Jr. Ward 4 Position 1 — Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council was held on March 05, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Rhonda Adams Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: N/A City Council Meeting Presentations, Reports and Discussion Items: N/A Agenda Additions: None Consent: Approval of the February 19, 2013 City Council meeting minutes. Approved 2013 Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2013. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 2 of 13 Resolution 37-13 as recorded in the office of the City Clerk Transportation Bond Trail Improvements: A resolution approving a budget adjustment in the total amount of $4,296.00 recognizing unappropriated bond monies for trail improvements. Resolution 38-13 as recorded in the office of the City Clerk Ozarks Electric Cooperative Corporation Easement: A resolution authorizing the transfer of an easement interest to Ozarks Electric Cooperative Corporation on certain city -owned property near the Noland Wastewater Treatment Facility to provide for a relocation of electrical utility service. Resolution 39-13 as recorded in the office of the City Clerk Bid #13-16 Scurlock Industries: A resolution awarding Bid #13-16 and authorizing the purchase of precast box culvert sections from Scurlock Industries of Fayetteville in the total amount of $71,404.71 for the construction of a trail tunnel for the TSA LA GI Trail, and approving a five percent (5%) project contingency. Resolution 40-13 as recorded in the office of the City Clerk Mahler Property Donation: A resolution authorizing acceptance of a donation of 1.21 acres of property from Lori and Alex Mahler near Cato Springs Road to be utilized for the future Cato Springs Trail Trailhead. Resolution 41-13 as recorded in the office of the City Clerk Garland Avenue Widening and Improvement Project: A resolution approving a settlement agreement with Glen David Wilson, Trustee, Timothy Hinkle, Trustee, and Linda Hinkle regarding condemnation litigation filed as part of the N. Garland Avenue Widening and Improvement Project. Resolution 42-13 as recorded in the office of the City Clerk. Alderman Tennant moved to approve the Consent Agenda as read. Alderman Kinion seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. Unfinished Business: McClelland Consulting Engineers: A resolution approving a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges, and approving a budget adjustment recognizing federal grant revenue in the amount of $223,257.00. This resolution was tabled at the February 19, 2013 City Council meeting to the March 5, 2013 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 3 of 13 Chris Brown, City Engineer stated they met with the member of the public that had the concerns and came up with a revised contract. You have the revised contract that shows the changes that we made as part of our discussion. We recommend approval of the revised contract with the additional change requested by the Arkansas State Highway Department. Paula Marinoni thanked everybody for listening to her concerns. She reviewed the contract and the changes that were made. Mayor Jordan thanked Ms. Marinoni. Alderman Gray thanked Ms. Marinoni for her work on the contract. Alderman Gray moved to approve the resolution. Alderman Petty seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. Resolution 43-13 as recorded in the office of the City Clerk New Business: Senate Bill 101 Opposition: A resolution to express the City Council's opposition to Senate Bill 101, The Video Services Act, and to request our Senators and Representatives and all Arkansas Legislators to reject this unfair and unneeded bill. Lindsley Smith: Communication Director gave a brief description of Senate Bill 101. Alderman Petty: Do you think we should add a section to request the Governor to veto the Bill? City Attorney Kit Williams: I would say no. It passed very strongly and the Governor's veto can be overridden by a simple majority. Lindsley Smith, I think that is a wise opinion based on what we have seen this session. Alderman Petty: This is a taking of the citizen's rights to manage their own space. We manage our streets and right of ways in trust for our citizens who chose us to do that for them. This is a taking of the citizen's rights and turning it over to corporations. Mayor Jordan: We certainly have come out against it. Alderman Long: I appreciate Administration keeping an eye on this. I contacted my representatives and people in Little Rock because this is a bad bill. This is bad for the people of Arkansas and it is bad for people who live in municipalities. I am very disappointed in Arkansas Legislators for passing this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 4 of 13 Alderman Petty: With the passage of this we can probably expect that our franchise revenue will be disappearing. City Attorney Kit Williams: It will not happen for the first couple of years I do not think. Alderman Petty moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. Resolution 44-13 as recorded in the office of the City Clerk Senate Bill 367 Opposition: A resolution to oppose Senate Bill 367's endangering all of Fayetteville's development regulations. City Attorney Kit Williams: This would endanger all of our developmental regulations because if they are applied to a property being developed and the landowner says that is reducing my value by 10% then the taxpayers have to pay. Pre-existing development regulations would be affected by this Bill the way I read it. This same Bill came forward in 1995, and it never made it out of committee. I think this is a very dangerous and serious Bill. Mayor Jordan: What we have at risk is your Streamside Protection, city fire code, landscape regulations, our sidewalk program and street programs. City Attorney Kit Williams: It is not needed. We have specific provisions in our Unified Development Code that if a developer thinks that we are taking more than what is constitutionally allowed they can appeal to the Planning Commission and get it reduced. In the last dozen years we have never had a land developer challenge the city in court saying you are taking too much property. We are careful not to do that. This would spark a tremendous amount of litigation. Jeremy Pate, City Planner: I agree this does not bode well for Fayetteville. This Bill diminishes the ability for local elected officials to effectively govern citizens. It is a quality of life issue. Our development regulations are for the health, safety, and welfare of our citizens. We are concerned about this legislation. On a development or rezoning application not everyone goes away happy on every issue but you make the best decision that is fair and balanced and try to achieve what the vision of the city is. I feel this Bill strips away the ability for the city to do that. Don Marr, Chief of Staff: This goes way beyond your voting in opposition for a Bill. It has such a significant impact on Fayetteville and its development code and its protection of residents that we hope, if this passes, you will contact your representatives. I think it is important that these people are held accountable for their votes. Elections have consequences. I think it is important that citizens get involved when they see things impact the things we value in our city. Alderman Petty: The affect of this Bill would be to strip away every good thing Fayetteville has done for land use in the last decade. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 5 of 13 Alderman Petty moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. Resolution 45-13 as recorded in the office of the City Clerk Avfuel Corporation Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Avfuel Corporation to provide interim aviation fuel and refueler trucks to the Fayetteville Executive Airport for a period not to exceed ninety (90) days, pending a permanent competitively solicited and awarded contract. City Attorney Kit Williams read the ordinance. Ray Boudreaux, Airport Director: This is an interim agreement that we may or may not enact until we can bid a permanent contract of the sale of fuel. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty was absent during the vote. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Alderman Long moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty was absent during the vote. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Petty was absent during the vote. Alderman Adams was absent. Ordinance 5566 as Recorded in the office of the City Clerk. Kum & Go Land Sale Proceeds: A resolution stating the intent of the City Council of the City of Fayetteville to use the majority of the proceeds from the land sale to Kum & Go, LC for improvements to the remaining city -owned property and adjacent neighborhoods. Alderman Petty: We have heard from some that there may be better uses for the money. We will entertain any amendment that preserves the intent of the resolution. I think it is important that we make a statement about the recycling of the materials. I think it is important that we set the wheels in motion to create a plan for the property. Alderman Marsh: This is a really important site. It is a high traffic area around the box that surrounds our city. It is the gateway to our commerce district and a good potential connection 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 6 of 13 point for the trail that will eventually run along the west fork of the White River. It is also adjacent to Happy Hollow School. This area is a food desert and has many residents that are economically challenged. We are requesting city staff too develop a master plan for the site that is consistent with our 2030 City Plan. We are asking to look for opportunities to recycle, salvage and repurpose pieces of the old factory building. City Attorney Kit Williams: City staff is looking at selling the above ground portion of this. We have a very tight demolition schedule. We will have to ask Kum and Go if they are willing to push back the demolition date, if they are not we have to comply with the contract as is. If we take out the easy salvageable material then other companies may not want to bid on the removal of the site. David Jurgens, Utilities Director: We believe the Gov Deals is a doable function. If we do not get the Kum and Go time extension we would try to do the Gov Deals on a reduced timeline but I have concerns that would fail. City Attorney Kit Williams: Kum and Go might be able to adjust the time table. One advantage of the Gov Deal is this will reduce their cost. If they do not grant us an extension with the time frame then we have to get it demolished because that is what our contract says. Alderman Petty: Do you see the potential for this holding up the process as being significant? David Jurgens: The only way a contractor can remove this material is if he is going to receive revenue from what is there. Alderman Petty: Do you think this resolution is likely to impact the timeline? David Jurgens: If we had to slow the timeline down to do an evaluation I think it could. If we simply allow the process that we have underway to set the timeline and consider that as meeting the spirit of the resolution then it would not slow it down. If we require more from the contractors or subtract items that are available for salvage from the contractors those could slow down the timeline. Mayor Jordan: The number one thing I wanted to do in this process is to get the building down because it is unsafe and is what I would consider blight. We are going to recycle materials. I would like to put a lot of the proceeds back into economic development. We want to make that land reusable. Alderman Gray: I can not support this because I feel it is premature. To tie up the revenue that we will be receiving is premature. Alderman Tennant: I agree with what Adella just said. Tying up a percentage of this money without being able to predict the future is difficult for me to do. There is a lot we can do for this neighborhood later. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 7 of 13 Alderman Long: I think tying up the money is premature. The area did receive a new fire station and intersection and those are important things that go into the quality of life in that area. I think I could support this resolution if we amended it to remove section one. Aubrey Shepherd: It is not good for a community garden site. I think there is no reason not to remove the amendment. Candice Hoggatt, Ward 4: I have a problem with ear marking funds. I support the amendment. Alderman Long moved to amend the resolution to remove Section 1. Alderman Petty seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. David Jurgens: The word ensure in section five is beyond our ability for us to ensure. Don Marr: Maybe the word should be strive to meet that requirement. Alderman Petty: Doesn't current law in Fayetteville require us to document the end source of our recyclables and to account for that? Don Marr: We have a current resolution on our curbside recycling program to do so. Alderman Petty: Why is this any different? Why would we not require that accountability for construction and demolition waste? Don Marr: I think the issue is what markets would we sell it to and have we identified those markets. We have very clear markets on our curbside recycling. Our goal all along has been to reuse as much of this as possible. Alderman Petty: This is merely a request, a goal. Setting goals that are high is important sometimes. If we do not meet it then we will know why but it does not get anybody in trouble if we don't. Alderman Marsh: Section five is based LEED new construction credit. How you quantify this is by weight or by volume. I do not anticipate we will have any difficulty meeting the 75% recycling goal. Mayor Jordan: If we leave it in what if we can't meet that? Alderman Petty: Then we would know much more than when we started. I think everyone trusts you and the staff to make a good faith effort. Alderman Long moved to approve the resolution as amended. Alderman Petty seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. Resolution 46-I3 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 8 of 13 Planning Commission Compensation: A resolution to request the Administration to resume paying monthly compensation to the Fayetteville Planning Commissioners. Alderman Long moved to amend the resolution to state $375.00 per month. Alderman Petty seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. Alderman Long: In 2009 it looked like this would be short term. The Planning Commission puts in a lot of work. I think by compensating them it will motivate and encourage professionals to apply for this job. Alderman Gray: I am glad Alderman Long brought this forward. Thank you and I support it. Alderman Petty thanked Alderman Long for bringing this forward. Alderman Tennant thanked Alderman Long for bringing this forward. These are not city employees but in my mind extension of city employees. I believe this is something we should do. Alderman Tennant moved to approve the resolution as amended. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. Resolution 47-13 as recorded in the office of the City Clerk VAC 13-4298 (1253 W. Showroom Dr./Fiat of Fayetteville): An ordinance approving VAC 13-4298 submitted by Crafton Tull and Associates for property located at 1253 West Showroom Drive to vacate an utility easement, a total of 0.08 acres. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the vacation. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 9 of 13 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Adams was absent. Ordinance 5567 as Recorded in the office of the City Clerk. Illinois River Watershed Partnership: An ordinance waiving the requirement for bids by applying §34.23(F) 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 in the amount of $10,000.00 for watershed education and planning services. City Attorney Kit Williams read the ordinance. Sarah Wrede gave a brief description of the ordinance. Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Adams was absent. Ordinance 5568 as Recorded in the office of the City Clerk. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of $42,240.78 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: This is fulfilling our Federal requirements. We have to do this. Sarah Wrede: We meet monthly with the extension agents and they report their activities. We have to do this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 10 of 13 Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Adams was absent. Ordinance 5569 as Recorded in the office of the City Clerk. Amend Chapter 166 Development: An ordinance amending subsection 166.04(l)(ii)(f) of Chapter 166 Development of the Unified Development Code to change the dedication ratios related to Parkland Dedications. City Attorney Kit Williams read the ordinance. Connie Edmonston, Parks and Recreation Director gave a brief description of the ordinance change. Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty was absent during the vote. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Alderman Kinion moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Adams was absent. Ordinance 5570 as Recorded in the office of the City Clerk. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 11 of 13 Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. Alderman Long moved to table the resolution to the March 19, 2013 City Council meeting. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent. This resolution was Tabled to March 19, 2013. Employee Compensation Adjustment for 2013: A resolution approving a budget adjustment in the amount of $1,330,000.00 to facilitate city-wide employee compensation adjustments for 2013, and approving Police and Fire Pay Plan Grids. Paul Becker, Finance Director: When you approved the 2013 budget the Mayor indicated he would come back with a compensation plan depending on the revenue outlook and how we closed 2012. We had a surplus of about $1.2 million. We have a reserve level in the General Fund of about $13.6 million. We need roughly $5.7 million to keep a 60 day reserve. Based on this the Mayor is bringing forward the compensation plan. This compensation plan incorporates the salary survey. We are requesting a 4% amount for the employees. The impact would be about $1.4 million on the General Fund. Don Marr gave a brief summary of the changes to the pay plan that was handed out. He also explained the pay plan changes. Alderman Tennant: When would this go into effect if it passes and when can it be revisited? Paul Becker: This would be on the employees first pay check in April. I believe the Mayor's plan is to continue as we have and revisit this yearly at the end of the first quarter. Alderman Petty: I am proud to support this. I think it is about time. The market study proves that because of the hard choices we have had to make they have fallen behind. I am very happy and would like to thank Paul Becker. We have the capacity to do this. When the economy is going well we should be able to take care of our people. I am grateful that we are in this position. I want to thank the Mayor for bringing this forward. Aubrey Shepherd: I am happy that it is possible to raise the employees' salaries. Jeremy Ashley, President of Fayetteville Firefighters Association thanked the Mayor and staff for their time and commitment that was put into this. We have always enjoyed a good relationship and had strong support from the Mayor and city staff and I appreciate it. We also appreciate the support from the City Council. Citizen: I know you say that things are growing but I am not so sure they are growing in the people that are paying the taxes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 12 of 13 Jamie Thornton: I am not a city employee and do not have relatives on the police or fire department. I pay the HMR tax every month to the City of Fayetteville. I am 100% behind this bill. If anyone needs to be paid market share in the City of Fayetteville it should definitely be our firefighters and police officers because they do such a great job. Alderman Gray: This is a very exciting day for me. I have wanted this every single year. I am very happy we can see our way clear to do this. Thank you Paul and the Mayor for pushing this and bringing it along. We all know that our personnel are our strongest asset so we need to take care of them. Alderman Tennant: The city is in the position that we are now because of the staff and what they have done over the years. We run this city the right way, we have done the right things and we have asked for sacrifices and they have been done and done willingly. This is the correction of that. We have an administration and staff that when they say they are going to do something they actually do it. This is definitely something we need to do. Alderman Marsh: As a new Council member I have been so impressed by the professionalism of the city staff and amazed at the amount they are able to accomplish on a very modest budget. I know what it is like to be under paid. Under paying our employees is bad for morale and it leads to increased turnover. One of the most important investments we can make is in our city staff. I want our city to be able to attract the best and brightest so we continue to be a great place to live. I am a strong supporter of this. Alderman Long: Thank you Mayor for bringing this forward. I support this plan because I think it is the right thing to do. I think we need to be competitive. We need to take care of our number one asset first and that is our people. Don Marr: In 2009 the city staff cut $1.8 million from the budget. Much of that was from head count reduction. To move to this pay grid and do this change is probably more than a one year growth in our budget. I want to remind the citizens that the staff saved $1.3 million in 2012 in unspent approved expenditures in our budget, this request is $1 million, and so while we are using reserves, we deposited a surplus of $1.3 million into the reserves of unused expenditures that were approved last year. Talk about pay for performance. I think performing in the savings that we have done and demonstrating fiduciary responsibility is a success story. I also want to thank you. I want to thank the employees and everyone. We have an incredible leader in our Mayor and his passion for employees and treating them well and having them well paid. We want to thank him as well. Mayor Jordan: When I came into this office in 2009 the economy was tanking, we had a budget we could not meet, an ice storm and I did not know exactly what to do. I knew when I saw the study we were going to fix it. I have been fortunate to have a wonderful staff and great Council to work with. I have been truly blessed as a Mayor to have that. This is the time to do it. Alderman Petty moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 5, 2013 Page 13 of 13 Resolution 48-13 as recorded in the office of the City Clerk Announcements: City Council Agenda Session Presentations: Tyson Building Demolition Plan Discussion — David Jurgens and Paul Becker City Council Tours: April 8, 2013 5:00 PM Westside Wastewater Treatment Plant May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site Adjournment: 8:10 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 WAI'3 March 19, 2013 Dear Fayetteville City Council, would like to offer my support to the Local Foods Ordinance Review or The Development of an Agrarian Urbanism Code and Framework. Consider this; fifty percent of Fayetteville's built environment projected to exist by 2030 has not yet been built. Fayetteville will essentially reproduce another Fayetteville —approximately 100 million square feet including 28,000 housing units (currently Fayetteville has an estimated 32,000 housing units) —within its boundaries over the next 20 years. What if we envisioned a Fayetteville Food City that is based on food security, linking local food production to urban development? There was once a strong relationship between cities and their surrounding agricultural lands; many preindustrial cities even had developed agricultural landscapes within their urban cores (e.g., Mormon, New England, and Mediterranean cities). Local land once reserved for agriculture has been replaced with suburban development while food products produced by a global industrialized system now travel more than an average 1,500 miles to local markets and can lose up to 80% of their nutritional value. Michael Pollan notes that before 1920 one calorie of energy expended by agricultural production generated two calories of food energy. Today, chemical -dependent industrial agriculture uses more than 30 calories of fossil fuel energy to produce just one calorie of food. Industrial agriculture has diminished access to locally -available food and generated a host of unintended environmental problems, while erasing local agricultural heritages. We have forgotten from where food comes, how to grow it, when to harvest it, and how to preserve it. Compared to our parents and grandparents we are agriculturally illiterate. Most cities generally have a three-day supply of food sourced from a global supply chain, what they call the "nine meals from anarchy' dilemma. The replacement of locally based food chains by global and centralized systems dependent on intensive transportation and energy inputs creates vulnerability to supply disruptions. If Fayetteville provides public services through potable water, police and fire protection, sewage treatment, waste management, and transportation infrastructure, how might a sustainable "food utility' become an ecological amenity scaled to the community rather than to an industrial economy? While pragmatic reasoning favors location of agriculture outside of the city, there are compelling economic, environmental, and social reasons to integrate agriculture within the city. First, the convenience provided by proximity to growing systems demystifies farming and positions it to be a tool for local economic development and jobs creation. Second, urban land costs promote development of high -quality, intensive farming economy with higher yields per acre (in both volume and nutritional content) that makes farming feasible at a small scale once again. Third, well -designed agricultural systems can be used to advance delivery of community -wide ecosystem services, including conservation of urban ecosystems like riparian corridors, legacy prairies or meadows, and urban tree canopies. Fourth, productive landscapes contribute to cities' open space systems requirements, enhancing livability and access to outdoor activities otherwise unavailable. Keep in mind, when the bike trails were originally proposed they were not popular, now it seems we cannot live without them. Code retooling approaches should consider more than shifting from "four hens to six" they should change the development game. I am hopeful that the city could reassert its design role of traditional urban services offered by street networks, urban fabrics, open space systems, neighborhoods, and buildings around the production of food. A city designed like that would be unlike any other and I am intrigued. Respectf II/� , Jeffrey Huber, Ward 4, 3691 Tower Circle Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith TayeVlle Tentative Agenda City of Fayetteville Arkansas City Council Meeting March 19, 2013 Aldermen Ward 1 Position 1 —Adella Gray Ward 1 Position 2—Sarah Marsh Ward 2 Position 1 — Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position l — Justin Tennant Ward 3 Position 2 —Martin W. Schoppmeyey Jr. Ward 4 Position 1 — Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council will be held on March 19, 2013 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: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the March 05, 2013 City Council meeting minutes. 2. Portable Changeable Message Sign: A resolution approving a budget adjustment in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 3. Bid #13-12 North Point Ford: A resolution awarding Bid #13-12 and authorizing the purchase of three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. 4. Bid #13-13 North Point Ford: A resolution awarding Bid #13-13 and authorizing the purchase of one (1) Ford F-250 utility truck from North Point Ford of North Little Rock in the amount of $32,969.00 for use by the Transportation Department. 5. North Point Ford — Information Technology Division: A resolution authorizing the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the Information Technology Division, and approving a budget adjustment. 6. Bale Chevrolet — Transportation Department: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department, and approving a budget adjustment. 7. Bale Chevrolet — Solid Waste Division: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. 8. Mountain Street and College Avenue Sidewalk Improvements: A resolution approving a budget adjustment in the amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. 9. Crafton Tull: A resolution approving a contract with Crafton Tull in an amount not to exceed $42,430.00 for architectural and bidding services related to renovations of pool buildings at Wilson Park. 10. Rupple Road Improvements: A resolution expressing the willingness of the City of Fayetteville to utilize federal -aid funds for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road. B. Unfinished Business: 1. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. This item was tabled at the March 05, 2013 City Council meeting to the March 19, 2013 City Council meeting. C. New Business: 1. Amend 33.108 Compensation: An ordinance to amend §33.108 Compensation relating to the Planning Commissioners and to approve a budget adjustment. 2. VAC 12-4203 (Halsell Road Sewer Easements): An ordinance approving VAC 12- 4203 submitted by the City of Fayetteville for several blanket easements along Halsell Road, Maple Street and Oliver Avenue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 3. First Community Bank of Crawford County Cost Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a $64,000.00 cost -share agreement with First Community Bank of Crawford County for the milling and paving of streets within the Sunbridge Villas Development, and approving a budget adjustment of $64,000.00 recognizing revenue from letters of credit. 4. U.S. Geological Survey Agreement: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2013. 5. ADM 13-4331 Local Foods Ordinance Review: A resolution to request city staff review the Unified Development Code and prepare amendments to allow residents to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. D. City Council Agenda Session Presentations: 1. Entertainment District Parking Deck Update and Public Input Session — David Jurgens, Utilities Director and Team E. City Council Tour: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 2. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements March 19,2013 A. 2 Portable Changeable Message Sign Page 1 of 6 City Council Meeting Date Agenda Items Only Dennis Pratt / Barbara Olsen Fleet Operations Transportation Submitted By Division Department Action Required: A resolution approving a Budget Adjustment to move funds from Fleet fund balance to the Fleet expense account. $ 14,500.00 Cost of this request 9700.1920.5802.00 Account Number 02080.2013 Project Number Budgeted Item =X $ 974,500.00 Category / Project Budget $ 39,690.00 Funds Used to Date $ 934,810.00 Remaining Balance Budget Adjustment Attached Y-/ /3 Date 9-1 " I.V Date Fiinnance and Internall Services Director Date -de1-/ Date Other vehicles / equipment Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City03-01-13P03:34 RCVD Clerk's Office Received in Mayor's Office `L Revised January 15, 2009 A. 2 Portable Changeable Message Sign Page 2 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor/City Council Thru: Terry Gulley, Director of Transportation-O/G From: Dennis Pratt, Fleet Operations Supt.C619- Date: March 1, 2013 Subject: Budget Adjustment to move funds for purchase of message sign PROPOSAL: That City Council approve a budget adjustment to move funds from Fleet fund balance to the Fleet expense account. RECOMMENDATION: Transportation's unit #9067 is a 2004 Portable Changeable Message Sign that died several months ago and needs to be replaced. Fleet has received three written quotes, and recommends purchase of the lowest priced unit from Banner Sign & Barricade of Little Rock as it meets specs. Purchase price is $14,475 including shipping and tax BUDGET IMPACT: Fleet didn't budget to replace this unit in 2013, so a Budget Adjustment is needed to move funds from Fleet fund balance to Fleet expense account. Monthly operating charges were budgeted for the old unit so those funds will be used for the new unit. A. 2 Portable Changeable Message Sign Page 3 of 6 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $14,500.00 TO PROVIDE FUNDING FOR THE PURCHASE OF A PORTABLE CHANGEABLE MESSAGE SIGN FOR THE TRANSPORTATION DEPARTMENT 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, a copy of which is attached as Exhibit "A", in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. PASSED and APPROVED this 19th day of March, 2013. 0U9:TSITl-W13 In ATTEST: IM LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas A. 2 V12.0724 Budget Adjustment Form Portable Changeable Message Sign Budget Year Division: Fleet Operations Request Date Adjustment Number 2013 1 Department: Transportation Services 3/19/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Funds are requested to purchase a portable changeable message sign board to replace #9067 (TRAN_F049 - a 2004 Message sign board). Fleet didn't budget to replace it in 2013, but the old unit died. Sufficient funds are available to meet City objectives. Divisio a Date,, j Budg6f Director Date -/—/ DepartmenWirector Date `P.J O�- . lea. %,,, 3 -1-ut3 Finance Director Date Date Prepared By: Reference: Barbara Olsen Budget & Research Use Only Type: A B General Ledger Date Posted to General Ledger Checked / Verified bolsen C D E P Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 14,500 14,500 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Vehicles and equipment 9700.1920.5802.00 q)i 14,500 - 02080 . 2013 Use of fund balance 9700.0970.4999.99 lu - 14,500 K:1Budget\Budget Adjustments12013 Adjustments53-19-13 Use fund bal 9174 1 of 1 A. 2 City of Fayetteville, Arkansas page 5 of 6 Purchasing Department Request and Quotations Form - Revised 8/26/2005 Amount Quote Requirements Notes $1000-$2499.99 3 Verbal Quotes Please put vendor names and quote amount in comment section of your P-Card/PO request Please write "sole source" if it applies. Purchases $2500 and up cannot be processed by using a P-Card, you $2500-$20,000 3 Written Quotes MUST USE A PO. Please make sure that your quotes are attached to your PO Request before you send it to Purchasing. $20,000 - above Contact Purchasing Division Formal Bid Process - Contact Purchasing Division Quote Number: Your recoMaoMy Date: 2/25/2013 Date Needed: 3/4/2013 Quantity: GL Account Number: 9700.1920.5802.00, project 02080.2013 Purchase Order Number: Phan uw"P-CaN HP�bN. OMY VMerefler reWNe%�ia epgovetl (PCVEe)ar uRmo0laininp a PO N,mbx Hrrt. Department: Operations - Fleet Operations Taken By: Jesse Beeks Vendor List Qty Item Description Price Each Total Price Remarks Vendor #1 Banner Sign & Barricade, Inc Address City, St Zip 1 Silent Messenger III $14,475.00 $114,475.001 includes shipping & tax Vendor #2 Fleet Safety Equipment Address City, St Zip 1 silent Messenger III $17,829.55 $17,829.55 Tax extra Vendor #3 Give'Em A Brake Safety Address City, St Zip 1 NTCIP message sin $14,550.00 $14,550.00 Tax extra Comments: City Of Fayetteville - Purchase Order (PO) Request Requisition o.: e: WWWWhangeable Message sign (Not a Purchase Order) All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) P.0 Number: a (very a All PO Request shall be scanned to the Purchasing e-mail., Purchasin i.fa etteville.arms Vendor #: Vendor Name: Mail 11480 BANNER SIGN AND BARRICADE Yes:_ No: X Address: Fob Point: Taxable Quotes Attached City: Yes:_ No: X Yes: No: x State: Zip Code: Ship to code: Divison Head Approval: 50 Requester: Requester's Employee #: Extension: BARBARAOLSEN 1940 485 Item Description Quantity Unitofissue Unit Cost Extended Cost Account Numbers PmiecVSub ro'ect# Inventory# Fixed Asset# 1 2013 SILENT MESSENGER III PORTABLE 1 EA 14,475.00 $14,475.00 9700.1920.5802.00 02080.2013 709174 2 CHANGEABLE MESSAGE SIGN BOARD PER $0.00 3 QUOTE, TO BE UNIT 9174, FIXED ASSET 709174 $0.00 4 PRICE INCLUDES SHIPPING AND TAXES $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: Subtotal: $14A75.00 Total: $14,475.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: nensea uuzuua City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/1912013 City Council Meeting Date Agenda Items Only A. 3 Bid #13-12 North Point Ford Page 1 of 6 Dennis Pratt 1 Barbara Olsen Fleet Operations Transportation Submitted By Division Department mcmOu resolution awarding Bid #13-12 to North Point Ford of North Littk three Ford F550 Service body trucks for use by Water & Sewer. $ 121,812.00 Cost of this request 9700.1920.5802.00 Account Number 02078.2013 Project Number Budgeted Item $ 687,600.00 Category / Project Budget $ 154,427.00 Funds Used to Date $ 533,173.00 Remaining Balance Budget Adjustment Attached Light/Medium Utility Vehicles Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Fund Name Z-Z$ / 3 Previous Ordinance or Resolution # Departme irector Date Original Contract Date: r� 4�- / > - /A Original Contract Number: Ci mey Date 22 aa `t,aA a' ,�+ �- 3'�"2°t3 02-23-13P03:35 RCVD Finance and Internal Services Director Date Received in City Alt3^ice Clerk's Office 1��- Chief of S ff Date Received in ate Mayor's Office �!!3 Mayor Revised January 15, 2009 A. 3 Bid #13-12 North Point Ford Page 2 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor/City Council Thru: Terry Gulley, Director of Transportation -VIA/ From: Dennis Pratt, Fleet Operations Supt.ov�g Date: February 27, 2013 Subject: Purchase of three Service body trucks for Water & Sewer PROPOSAL: That City Council approve the purchase of three Ford F550 service body trucks for use by Water & Sewer in the amount of $121,812 from North Point Ford of North Little Rock. RECOMMENDATION: Water & Sewer (Sewer Maintenance program) has three service body trucks that need to be replaced. #330 and #331 are both 2002 Ford F550 trucks; unit #342 is a 2004 Ford F550 truck in a high use application. All three trucks are no longer dependable for full time front line use. Bid #13-12 was opened January 18'h 2013. Seven bids were received. The bid from North Point Ford (Option 2) of North Little Rock is the lowest bid that meets specs at a price of $40,604 each, for a total of $121,812. A bid tab sheet is attached. The low bid (also from North Point Ford) did not have the body specified. Fleet recommends purchasing three Ford F550s with Reading bodies off Bid #13-12, from North Point Ford of North Little Rock. This purchase was unanimously approved by the Equipment Committee on February 26, 2013. BUDGET IMPACT: These replacements were budgeted for on both the capital and operating sides. A. 3 Bid #13-12 North Point Ford Page 3 of 6 RESOLUTION NO. A RESOLUTION AWARDING BID #13-12 AND AUTHORIZING THE PURCHASE OF THREE (3) FORD F-550 SERVICE BODY TRUCKS FROM NORTH POINT FORD OF NORTH LITTLE ROCK IN THE TOTAL AMOUNT OF $121,812.00 FOR USE BY THE WATER AND SEWER DIVISION 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 awards Bid #13-12 and authorizes the purchase three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. PASSED and APPROVED this 190' day of March, 2013. APPROVED: LE LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer A. 3 -- r�. Bid #13-12 North Point IFord BD:79.72 Page 4 of 6 � le 0DB119 1111'�UUUI �FLL�It• 2:00 Pis A Knns.e CITY OF FAYETTEVILLE Bid 13-12, Service Body Trucks with HD Chassis BIDDER :.'- I. BOB, 1...'q'; Ilium '.:'; . D/dOprltle 1 Bill Knight Ford (trvck)I Canes Truck Body (bed) f, ROM 18A00 GVWR amended cab and Chassis Ford F•650 3 b 33,950.00 b 101.860.00 S W guilty typo track body Rom 2 Installed" show chassis Reading HDI08ABDW 3 $ 9,118.00 6 27,340.00 Iltem 71 2 Country Fob 3 law 19,000 WWR Extended cab sad nbaxelx Ford F460 3 S 36,3313.311 E 106,01&00 9' U01Ry type bunk body R0102 Installed on above chunks Dakota CEG11094VNS8 3 b 7,000.00 b 21,000.00 Abon 11 3 North Paint Ford (Option 1) 1 a q Sy p / Ibm1 19,0OO13VWRExtsodedcu Ford F460 3 6 32,459.00 S 98,877.00 and churls 9' URlgy, type truck body Rana Installed on above Cheadle Dnkete CBG17094VHS8 3 $ 89 20,887.00 (Ram 11 .- 4. KIND .4,_ banal`r� 19,OOO;OYMExtendedaab Ford F•660 3 i.`'. S rFn 32,46BA0 S 87,777A0 and chassis/ .. ti1Gi^ j"x,: V UtigTy, type track body (�s ui: ... Rem2 10W Installed' on above chasals Reading HO108AS 3 S 9,146.00 24,435.00 '•'Ilbm 11 6 Republic Ford Lincoln, Inc. Ilem1 19.000 GVWR Extended cab Fard B-ee05uparceh with chdasls4x4 ORW 3 9EA17•40 E 706,061.00 and Cassels S Utgdy Typbm Kem 2 Chady nces Installed on above haeeb Knephelu 770806441 tOB" Service Body 3 8,147.00 $ 27,411.00 Ilbm 11 w:±fN A01 6 The Lmson Group , Kam 19,000 GVWR Extended cab Ford F•6604X4 Suparcab 3 39,500.00 S 118,500.00 and Chassis V Utlikytypetmek body 7 Rom2 Installed on above Chassis Reading U108ASHH 3 8,146.00 E 24,436,00 (it=11 �51 7 TanX EOUIPmeld Service lbm1 19,0000VWRExtendedcu Ford Super Duty F-660 ORIN 0913 3 E 34,370A0 E 1W,110.00 I and Cheadle �I{ e'Utilty typetruck body seem Installedonabovechucl6 Reading U108ASHK 3 S 8,149.00 6 21,/36.00 (Item 11 b .: ��IbZ648100r -NOTICE: mdaeerd ISasndn9am upen veneer m og minimum spolWe9ans and lmmalauMgdmail. by City o(lidele. CERTIFIED: FVice, MR"a1GR P �/ � WITNESS Z,(e�; I �` DATE City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase order) All purchases under $2500 shag be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail., Purchasing@ci.fayeffeville.ar.us Requisition o.: Date: A. 3 2127/200 #13-12 North Point Ford um er: xpe a e: Vendor#: 6481 Vendor Name: NORTH POINT FORD Mail Yes:_ No: X Address: Fob Point: Taxable Yes: No: X Quotes Attached Yes: No: x City: State: Zip Code: Ship to code: 50 Di n Hea4Apppro±va c{i Requester: BARBARA OLSEN Requester's Employee M 1940 Extension: 485 Iteml Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro'ect/Sub ro'ect # Inventory # Fixed Asset # 1 2013 FORD F550 SERVICE BODY TRUCKS PER 3 EA 40,604.00 $121,812.00 9700.1920.5802.00 02078.2013 2 BID SPECS, BID #13.12, TO BE UNITS: $0.00 3 377, FIXED ASSET #700377 $0.00 700377 4 378, FIXED ASSET #700378 AND $0.00 700378 5 379, FIXED ASSET #700379 $0.00 700379 6 $0.00 7 $0.00 6 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Subtotal: $121,812.00 Total $121,812.00 Approvals: Mayor: - Department Director: Purchasing Manager: Finance 8lnternal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/2/2008 A. 3 Bid #13-12 North Point Ford Page 6 of 6 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only A. 4 Bid #13-13 North Point Ford Page 1 of 6 Dennis Pratt I Barbara Olsen Fleet Operations Transportation Submitted By Division Department one Ford F250 Utility Truck for use by Transportation Traffic Division. $ 32,969.00 Cost of this request 9700.1920.5802.00 Account Number 02078.2013 Project Number Budgeted Item FX $ 687,600.00 Category / Project Budget $ 276,239.00 Funds Used to Date $ 411,361.00 Remaining Balance Budget Adjustment Attached ZZX/3 Date '3 - /-14 Date *cL, , 4 Finance and Internal Services Director Date Date ate Ught/Medium Utility Trucks Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received M94r4y23-13P03:35 RCVD Clerk's Office T ED Received in j3 Mayor's Office Revised January 15, 2009 A. 4 Bid #13-13 North Point Ford Page 2 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor/City Council Thru: Terry Gulley, Director of Transportation�a%tl From: Dennis Pratt, Fleet Operations SuptF-4� Date: February 27, 2013 Subject: Purchase of one 3/< ton Pickup for Transportation Traffic Division PROPOSAL: That City Council approve the purchase of one Ford F250 service body truck for use by Transportation Traffic Division in the amount of $32,969 from North Point Ford of North Little Rock. RECOMMENDATION: Transportation, Traffic Control unit #2051 is a 2002 F250 pickup that is no longer dependable for full time front line use and needs to be replaced. It was due for replacement in 2012, but was pushed back to 2013. Bid #13-13 was opened Jan 18s', 2013. Seven bids were received. A bid tab sheet is attached. Fleet recommends purchasing a Ford F250 pickup off Bid #13-13. The bid from North Point Ford (Option 2) of North Little Rock is the low bid that meets specs at a price of $32,969. This purchase was unanimously approved by the Equipment Committee on February 27, 2013. BUDGET IMPACT: This replacement was budgeted for on both the capital and operating sides. A. 4 Bid #13-13 North Point Ford Page 3 of 6 RESOLUTION NO. A RESOLUTION AWARDING BID #13-13 AND AUTHORIZING THE PURCHASE OF ONE (1) FORD F-250 UTILITY TRUCK FROM NORTH POINT FORD OF NORTH LITTLE ROCK IN THE AMOUNT OF $32,969.00 FOR USE BY THE TRANSPORTATION DEPARTMENT 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 awards Bid #13-13 and authorizes the purchase one (1) Ford F-250 utility truck from North Point Ford of North Little Rock in the total amount of $32,969.00 for use by the Transportation Department. PASSED and APPROVED this 19th day of March, 2013. APPROVED: 0 LIONELD JORDAN, Mayor ATTEST: LN SONDRA E. SMITH, City Clerk/Treasurer A. 4 Bid #13-13 North Point Ford iaye evi�le 0111313 Page 4 of 6 2:00 PM xxnu sns CITYOFFAYETTBVILLE Bid 13-13, HD 4X4 Utility Truck :eHeavyL (314 on) Full s'iea x`eavy Duty (spa ion) 1 WII Knight Ford (truckrAseco Truck Body (bed) Extended Ca64 Wheel Drive Ford P460 1 S EE,880.00 with uBKtybody and tow packdae l(P' Reatlinq B6FABBW Full sloe Heavy Duty(W4 ton) ' 2 CaurriryFond Extended Cab 41111beel Drive Ford P-260 1 E 29,753.62 m1th uRlity bodyandtmv paceaae full she Heavy Duty(]/4 ton) ] North Pelts Fond -(Option l) Extended Cab 4 Wheel Drive Ford P-ze0 1 E 31,697.00 with WIRY body and row cackaft ', .•".: Full eRw Heavy Duly (W4 ron) .. I'd North l bM46Lid- (DWon 2) Ended Cab 4 Wheal Orive xtew1Rlumitleadyandtow Ford P-260 1 E 32,869.00 'yxrl icMae - - Full size Heavy Duty 3l4 n 5 Republic Ford Lincoln, IN.. (Option 1) Extended Cab 4 Wheel Drive with uRDty body and tow Ford vd Knaphelea 9er. Bodyg796Jt t E ]6,W4A0 Peckhae 7 F-260 KILT Supereab With box Oe1ea14X4 SRW Full she Heavy Duty (]I4 ton) 6 Republic Ford 4ncoln, Inc.. (Option 2) Extended Cab 4 Wheal Driw vAlh Why hotly and tow Ford wV KnaphaMe Seri Body e798J7 7 It]t,970,00 paceaae F-250 XL Superceb with box delete 4X4 SRW Full area Heavy Oury (364) 7 Terex Eauipmwd Service Ex0ended Cab 4 Wheal Drive with u1111ty body and taw Ford Super Duty F460 SRW 4WD 1 E 00,796.00 Sr cackaae 'NOTICE: Bla award Is cunhro.rd upon vendor meeting ndnimum apeohluationa and tonal authariration by City oglolds. A CERTIFIED: P. Nee, PURCH MDR I I C City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase Order) All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) AN PO Request shall be scanned to the Purchasing e-mail.- Purchasin i.fa tteville.ar us Requisition o.: Date: A. 4 2/27/190#13-13 North Point Ford P.0 Number: xpe ieEg' Qa e: Vendor#: 6481 Vendor Name: NORTH POINT FORD all Yes:_ No: X Address: Fob Point: Taxable Yes:_ No: X Quotes Attached Yes: No: x City: State: Zip Code: Ship to code: 50 D' ion Head Approv Requester: BARBARAOLSEN Requester's Employee #: 1940 Extension: 485 Iteml Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro eel/Sub ro'ect # Inventory# Fixed Asset # 1 2013 f250 4X4 UTILITY TRUCK PER SPECS ON 1 EA 32,969.00 $32,969.00 9700.1920.5802.00 02078.2013 2 BID #13-13. TO BE UNIT #2160, F.A. #702160 $0.00 702160 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 Shipping/Handling Lot $0.00 SpecialInstructions: Subtotal: $32,969.00 Total: $32,969.00 Approvals: - Mayor: Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1P1/2Ue8 A. 4 Bid #13-13 North Point Ford Page 6 of 6 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only A. 5 North Point Ford - Information Technology Division Page 1 of 6 Dennis Pratt / Barbara Olsen Fleet Operations Transportation Submitted By Division Department AUxlvll A resolution approving the purchase of one Ford F150 pickup truck off the State Vehicle contract from North Point Ford of North Little Rock in the amount of $18,492 and approval of a Budget Adjustment to move funds to the Fleet expense account. $ 18,492.00 Cost of this request 9700.1920.5802.00 Account Number 02078.2013 $ 687,600.00 Category / Project Budget $ 135,935.00 Funds Used to Date $ 551,665.00 Light/Medium Utility Vehicles Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Project Number Remaining Balance Fund Name Budgeted Item 771 Budget Adjustment Attached ,g- /3 Previous Ordinance or Resolution # late Original Contract Date: 13 Original Contract Number: late Finance and Internal Services Director Date Date .1 Y /3 Date Received in*-23-13P03:35 RC'J3 Clerk's Office e Received in P13 Mayor s Office Revised January 15, 2009 A. 5 North Point Ford — Information Technology Division PagTHE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor/City Council Thru: Terry Gulley, Director of Transportation-10- From: Dennis Pratt, Fleet Operations Supt� Date: February 27, 2013 Subject: Purchase of one F150 pickup truck for Information Technology PROPOSAL: That City Council approve the purchase of one Ford F150 pickup truck off the State Vehicle contract from North Point Ford of North Little Rock in the amount of $18,492 and approve a Budget Adjustment to move funds to the Fleet expense account. RECOMMENDATION: For the last dozen years IT has had hand-me-down used units that were nearly worn out as they didn't put many miles on the vehicles. Now that IT Network Services is moving to the Airport, they will need a vehicle to transport people and equipment between buildings within the City on a daily basis. As this is a new unit for which negligible replacement has been collected, it is treated as an expansion according to the Fleet Policy. Capital funds have been placed in the IT budget for the 2013 budget year. A Budget adjustment will be required to move funds to the Fleet expense account. IT is currently driving 41052U which is a 1999 Ford Explorer. Their needs will be better served with a pickup truck. Fleet recommends purchasing a 2013 Ford F150 half -ton pickup, 2x4 off the state contract for $18,492. Fleet will also purchase up -fit items locally: lights (since it will be used at the Airport), and a camper shell. Sufficient funds were placed in the capital budget for these items. Fleet recommends the purchase off the state contract of one half -ton pickup from North Point Ford of North Little Rock in the amount of $18,492. This purchase was unanimously approved by the Equipment Committee on February 26, 2013. BUDGET IMPACT: This nurchase was budLyeted for on both the canital and oneratina sides. A. 5 North Point Ford — Information Technology Division Page 3 of 6 RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FORD F-150 PICKUP TRUCK IN THE AMOUNT OF $18,492.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, FROM NORTH POINT FORD OF NORTH LITTLE ROCK FOR USE BY THE INFORMATION TECHNOLOGY DIVISION, 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 authorizes the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the Information Technology Division. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". 0 PASSED and APPROVED this 19d day of March, 2013. LIONELD JORDAN, Mayor ATTEST: M SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas A. 5 V12.0724 Budget Adjustment Form North Point Ford — Information Budget Year Division: Fleet Operations Request Date Adjp Number 2013 1 Department: Transportation Services 2/6/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Funds are requested to purchase an expansion pickup truck Unit 2168, ITOP_F001 for IT to use to carry personnel and equipment to and from the airport location and between buildings in the City. This BA includes an amount for lights (as it will be based at the airport) and a camper shell which are not part of the state contract price. Date Date ',7 z—C -13 Depa ent Director Date Date /—/ Date Prepared By: Barbara Olsen Reference: Posted to General Ledger Checked / Verified bolsen Only Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 27,500 27,500 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Fixed assets 1010.6600.5801.00 D (27,500) Transfer to Shop 1010.6600.7602.70 _} 27,500 Transfer from General 9700.0970.6602.01 27,500 02078 . 2013 Vehicles and equipment 9700.1920.5802.00 -:> 27,500 02078 . 2013 EXHIBIT A K:\Budget\Budget Adjustments\2013 Adjustments\2-19-13 ITOP Pickup 2168 Exp 1 Of 1 City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase Order) All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail., Purchasing@cJ.FayeffevH1e.ar.us egmsdion o.: DateA. 2127M" Point Ford — Information um er. xp Page 5 of 6 Vendor#: 6481 Vendor Name: NORTH POINT FORD Mail Yes:_ No: X Address: Fob Point: Taxable Yes:_ No: X Quotes Attached Yes: No: x City: State: Zip Code: Ship to code: 50 Divi n�Head,Approval: Requester: BARBARA OLSEN Requester's Employee#: 1940 Extension: 485 Iterni Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro'ecttSub ro'ect # Inventory # Fixed Asset # 1 2013 FORD F150 2X4 PICKUP TRUCK WITH 1 EA 18,492.00 $18,492.00 9700.1920.5802.00 02078.2013 2 XO TOW PACKAGE, AND LS LIMITED SLIP PER $0.00 3 STATE CONTRACT PRICES. TO BE UNIT 2168 $0.00 4 FIXED ASSET #702168 $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 �ipecial instructions: Subtotal: $18,492.00 Total: $18,492.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: - IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/2/2008 A. 5 North Point Ford — Information Technology Division Page 6 of 6 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only A. 6 Bale Chevrolet —Transportation Department Page 1 of 6 Dennis Pratt / Barbara Olsen Fleet Operations Transportation Submitted By Division Department A resolution approving the purchase of one Chevy Tahoe off the State Vehilce contract from Bale Chevrolet of Little Rock in the amount of $28,789 for use by Transportation, and approving a Budget Adjustment to move funds to the Fleet expense account. 789.00 Cost of this request 9700.1920.5802.00 Account Number 02081.2013 Project Number Budgeted Item FTI $ 329,000.00 Category / Project Budget $ 53,882.00 Funds Used to Date $ 275,118.00 Remaining Balance Budget Adjustment Attached -L Date 5 /- /.�Y' uate 'P'J a.. (d-� 3- 1-- 20t 3 Finance and Internal Services Director Date AMA e44� VWE- of of Date Ma r Police / Passenger Vehicles Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 2-21-13P03:35 RCVD Clerk's Office EN D Received in Mayor's Office Revised January 15, 2009 A. 6 Bale Chevrolet —Transportation Department Page 2 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor/City Council Thru: Terry Gulley, Director of Transportation_,�%"!�_ From: Dennis Pratt, Fleet Operations Supt.cz� Date: February 27, 2013 Subject: Purchase of one Chevy Tahoe for use by Transportation PROPOSAL: That City Council approve the purchase of one Chevrolet Tahoe 4x4 off the State Vehicle contract from Bale Chevrolet of Little Rock for use by Transportation, and approve a Budget Adjustment to move funds to the Fleet Expense account. RECOMMENDATION: Transportation is currently using #1127U (a used 2005 Ford Taurus) for the Transportation Director and the Assistant Transportation Manager. It needs to be replaced with a suitable vehicle for emergency response so they do not have to drive personal 4x4 vehicles to respond to locations around the City. Fleet recommends purchasing a 2013 Chevy Tahoe 4x4 off the State Vehicle contract in the amount of $28,789 from Bale Chevrolet of Little Rock. This vehicle will be part of Fleet's dual fuel pilot project. It will be able to run on either propane or gasoline. This purchase was unanimously approved by the Equipment Committee on February 26, 2013. BUDGET IMPACT: Unit 1127U was budgeted for on the operating side; these funds will be used for the replacement unit. Fleet did not budget to replace 91127U in 2013 so a Budget adjustment is attached to move funds from fund balance into the Fleet expense project. A. 6 Bale Chevrolet —Transportation Department Page 3 of 6 RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) CHEVROLET TAHOE IN THE AMOUNT OF $28,789.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, FROM BALE CHEVROLET OF LITTLE ROCK FOR USE BY THE TRANSPORTATION DEPARTMENT, 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 authorizes the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". PASSED and APPROVED this 19th day of March, 2013. F.T907"Telym 0 LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form A. s v1z.o7z4 Budget Year Division: Fleet Operations Request Date Pagl 4 otAdjustment Number 2013 1 Department: Transportation Services 3/19/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Transportation staff has elected to trade in unit #1127U (TRAN_F105). Fleet did not budget to replace this unit in 2013, so a Budget Adjustment is needed to move funds from fund balance. y� -2- 7 -� Divi ' He Date 2� udget Director Date Depart ent Director Date 0 �•t^'zvt3 Date Date ate 3 Prepared By: Barbara Olsen bolsen Reference: Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date v TOTAL BUDGET ADJUSTMENT 29,000 29,000 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Vehicles and equipment 9700.1920.5802.00 D 29,000 - 02081 2013 Use of fund balance 9700.0970.4999.99 Ki - 29,000 EXHIBIT K:\Budget\Budget Adjustments\2013 Adjustments\1-01 Blank Budget Adjustment Form, 7-24-12 1 of 1 City Of Fayetteville - Purchase Order (PO) Request (Nota Purchase Order) All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) A0 PO Request shall be scanned to the Purchasing e-mail., Purchasing@ckfayefteville.ar.us egwsi ion WA.:s Bale Chf Ua7w R01Rans ortation De artment um er:Page 5 ec e e wary a : Vendor #: 13292 Vendor Name: BALE CHEVROLET Mail Yes:_ No: X Address: Fob Point: Taxable Yes:_ No: `C Quotes Attached Yes: No: x City: State: Zip Code: Ship to code: 50 Diviso lead Approval: 2 ` Requester: BARBARA OLSEN Requester's Employee M 1940 Extension: 485 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro ect/Sub ro ect# Inventory# Fixed Asset # 1 2013 CHEVROLET TAHOE 4X4 PER STATE 1 EA 28,789.00 $28,789.00 9700.1920.5802.00 02081.2013 701261 2 VEHICLE CONTRACT, TO BE UNIT 1261, _ $0.00 3 FIXED ASSET #701261 $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: Subtotal: $28,789.00 Total: $28,789.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: rtawsed 102008 A. 6 Bale Chevrolet —Transportation Department Page 6 of 6 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only A. 7 Bale Chevrolet — Solid Waste Division Page 1 of 4 Dennis Pratt / Barbara Olsen Fleet Operations Transportation Submitted By Division Department Action Required: A resolution approving the purchase of one Chevy Tahoe off the State Vehicle contract from Bale Chevrolet of Little Rock in the amount of $28,789 for use by Solid Waste Division. $ 28,789.00 Cost of this request 9700.1920.5802.00 Account Number 02081.2013 Project Number Budgeted Item =X $ 329,000.00 Category / Project Budget $ 25,093.00 Funds Used to Date $ 303,907.00 Remaining Balance Budget Adjustment Attached � 28 i3 Date Date Ta'� 0. - L&— 3-1-74t3 Finance and Internal Services Director Date Date ate %nmmP.nts' Police / Passenger Vehicles Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 0 2-2 3- 1 3 PO 3: 3 5 R C V D Clerk's Office I Received in EN EN�9 Mayor's Office �3 A. 7 Bale Chevrolet — Solid Waste Division Page 2 of 4 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor/City Council Thru: Terry Gulley, Director of Transportation"%' From: Dennis Pratt, Fleet Operations Supt.q-A< Date: February 27, 2013 Subject: Purchase of one Chevy Tahoe for use by Solid Waste Division PROPOSAL: That City Council approve the purchase of one Chevrolet Tahoe 4x4 off the State Vehicle contract from Bale Chevrolet of Little Rock for use by Solid Waste Division RECOMMENDATION: Solid Waste uses unit #1093 - a 2002 Ford Explorer 4x4 that is no longer dependable for full time front line use and needs to be replaced. It was due for replacement in 2010 but was pushed back to 2013. Fleet recommends purchasing a 2013 Chevy Tahoe 4x4 off the State Vehicle contract in the amount of $28,789 from Bale Chevrolet of Little Rock. This vehicle is used for emergency response to locations around the City. This vehicle will be part of Fleet's dual fuel pilot project. It will be able to run on either propane or gasoline. This purchase was unanimously approved by the Equipment Committee on February 26, 2013. BUDGET IMPACT: This purchase was budgeted for on both the capital and operating sides. A. 7 Bale Chevrolet — Solid Waste Division Page 3 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) CHEVROLET TAHOE IN THE AMOUNT OF $28,789.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, FROM BALE CHEVROLET OF LITTLE ROCK FOR USE BY THE SOLID WASTE DIVISION 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 the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. PASSED and APPROVED this 19th day of March, 2013 APPROVED: M By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase Order) Ali purchases under $2500 shall be used on a P•Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing a -mall: Purchasin Lfa ville.anus Requisition No.: Aa e: te Division P.Q Number: p rpg a ivery a e: Vendor #: 13292 Vendor Name: BALE CHEVROLET Mail Yes:_ No: X Address: Fob Point: Taxable Yes:_ No: X Quotes Attached Yes: No: x City: State: Zip Code: Ship to code: 50 Div' n Head Approv I• -may Requester: BARBARA OLSEN Requester's Employee #: 1940 Extension: 485 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Prolect/Sub ro'ect # Inventory # Fixed Asset # 1 2013 CHEVROLET TAHOE, 4X4 PER STATE 1 EA 28,789.00 $28,789.00 9700.1920.5802.00 02081.2013 701260 2 VEHICLE CONTRACT, TO BE UNIT 1260, $0.00 3 FIXED ASSET #701260 $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 SpecialInstructions: Subtotal: $28,789.00 Total: $28,789.00 Approvals: Mayor: Department Director: - Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/212008 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting bate Agenda Items Only A. 8 Mountain Street and College Avenue Sidewalk Improvements Page 1 of 4 John Nelson Transportation Transportation Services Submitted By Division Department in approving a Duaget aajuscmem in me s on Mountain Street and College Avenue. Cost of this request _4470.9470,5814.00 Account Number $ 115,000.00 Category / Project Budget $ 44,150.00 Funds Used to Date to Sidewalk Improvements Program Category/ Project Name Transportation Improvements Program / Project Category Name 02053 $ 70,850.00 Sales Tax Cap imp Project Number Remaining Balance Fund Name Budgeted Item `I M Budget Adjustment Attached r X Z ZL -/3 Previous Ordinance or Resolution # Date Original Contract Date: /_ Original Contract Number: Date 2613 Finance and Internal Services Director Date 3�-Av0 Date Received inCity D-23-13P03:35 tCVD Clerk's Office , , . Received in Mayor's Office Revised January 15, 2009 A. 8 Mountain Street and College Avenue Sidewalk Improvements Page 2 of 4 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director`y-g From: John Nelson, Management Accounting Coordinator Date: February 26, 2013 Subject: Mountain Street and College Avenue Sidewalk Improvements PBQ0POSAL: A resolution approving a budget adjustment in the amount of $60,600 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. RECOMENDATION• The Planning Commission approved a request for a temporary parking lot on property located on the northwest corner of College Avenue and Mountain Street with variances to allow for delayed landscaping and sidewalk improvements. Due to non-performance by the applicant, guarantee funds were deposited in an interest bearing escrow account for the city to construct the improvements. The Transportation Division overlay/sidewalk projects list for 2012 (Res. No. 215-11) included Center Street, Mountain Street, and College Avenue sidewalk improvements. The funds received from the guarantee will go towards the construction costs for completing the required improvements along the frontage of the parking lot. BUDGET Uaf CT: Construction of the sidewalk, curb and related improvements to sidewalks was funded by the Sidewalk Improvements capital project. Revenue funds contributed will reimburse the capital project. Reference: CUP 09-3095 A. 8 Mountain Street and College Avenue Sidewalk Improvements Page 3 of 4 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $60,600.00 RECOGNIZING REVENUE FOR IMPROVEMENTS TO SIDEWALKS ON MOUNTAIN STREET AND COLLEGE AVENUE 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, a copy of which is attached as Exhibit "A", in the total amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. PASSED and APPROVED this 190' day of March, 2013. APPROVED: 0 LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form A. s V11.0425 nA--fl ie CImN —A r�lh. Budget Year Division: Transportation Services Request Date 9 P 2013 1 Department: Transportation Services 3/19/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Contribution from developer for landscaping and sidewalk improvements on Mountain Street and College Avenue. This budget adjustment recognizes revenue in the off -site improvements escrow account. Reference: CUP 08-3095 z-Z6 / 3 Division ead Date If udget Director Date Departm t Director Date Date �Date Date Prepared By: John Nelson jnelson Reference: Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified Initial Date Inkial Date TOTAL BUDGET ADJUSTMENT 60,600 60,600 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Pymts by property owners 4470.0947.4420.00 60,600 02053 . 1 Sidewalks 4470.9470.5814.00 60,600 02053 . 1 EXHIBIT A K:\01_Finandal Services\Budget\2013 BudgeffransportabonlBudget Adjustments\BA Form 2013_02053 1 of 1 A. 9 Grafton Tull City of Fayetteville Staff Review Form Page 1 of 26 City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only Carole Jones ML Park Planning Parks Submilted By Division Department Action recommends a resolution approving the agreement for architectural and bidding services between the City of tteville and Crafton Tull in an amount not to exceed $42,430 for architectural design associated with the ration of the Wilson Park pool buildings. $42,430.00 Cost of this request 2250.9255.5314.00 Account Number 13001.1101 Project Number Budgeted Item 0 $ 519,000.00 Category I Project Budget Funds Used to Date $ 519,000.00 Remaining Balance Budget Adjustment Attached Department Dire er Date (SwAltorney Date -C a,a Ck.. 4�. ,-- 3- 1 ^ w r'y Finance and Internal Services Director Date 3-1-13 Dale J /3 Date Community Park Improvements Program Category I Project Name Wilson Park Improvements Program I Project Category Name Parks Development Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received iri LWI- I P r' Clerk's Office I .. Received in Mayor's Office Revised January 15, 2009 A. 9 Grafton Tull Page 2 of 26 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director 6.0. Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner 11 Date: March 1, 2013 Subject: Resolution to approve a contract for architectural services with Crafton Tull Agenda Request for March 19, 2013 Meeting PROPOSAL: The Wilson Park swimming pool is the only municipal pool within the City of Fayetteville and had over 20,000 visitors in 2012 during the eight week summer season. The original Wilson Park pool buildings were built between the 1930s and the 1960s. The last significant renovation of the buildings was in 1983. In 2012, the pool and deck surfaces were repaired and resurfaced as the first phase of the Wilson Park Pool renovation. The renovation of the buildings was approved as part of the 2013 CIP as the next phase of the pool renovation project. Improvements to the pool house and concession building will increase effeciency in use of space, increase ventilation, provide better ADA access and update the restroom and shower facilities. A selection committee was formed per RFQ 13-01 and met on February 20, 2013. Crafton Tull was selected and has provided the attached scope of services and contract price for the requested architectural and bidding services. If approved, architectural services will be provided from April through June. Once a final design is approved, a contract amendment for construction phase services will be submitted to the City Council for approval at a later date. Construction of the project is expected to begin in early September after the pool closes for the season. RECOMMENDATION: Staff recommends a resolution approving the agreement for architectural and bidding services between the City of Fayetteville and Crafton Tull in an amount not to exceed $42,430 for architectural design associated with the renovation of the Wilson Park pool buildings. BUDGETIMPACT: This project is funded with Parks Development Funds. The cost of $42,430 is accounted for in project number 13001.1101 -Wilson Park Improvements. Attachments: Staff Review Form Agreement Signed by Architect PO Request A. 9 Grafton Tull Page 3 of 26 RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH CRAFTON TULL IN AN AMOUNT NOT TO EXCEED $42,430.00 FOR ARCHITECTURAL AND BIDDING SERVICES RELATED TO RENOVATION OF POOL BUILDINGS AT WILSON PARK 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 contract with Crafton Tull in an amount not to exceed $42,430.00, a copy of which is attached as Exhibit "A", for architectural and bidding services related to renovation of pool buildings at Wilson Park. PASSED and APPROVED this 191h day of March, 2013. APPROVED: OR ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A. 9 Grafton Tull Page 4 of 26 AGREEMENT For PROFESSIONAL ARCHITECTURAL SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CRAFTON TULL THIS AGREEMENT is made as of , 2013, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CiTY OF FAYETTEVILLE) and CRAFTON TULL (hereinafter called CRAFTON TULL), CITY OF FAYETTEVILLE from time to time requires professional architectural services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CRAFTON TULL in consideration of their mutual covenants agree as follows: CRAFTON TULL shall serve as CiTY OF FAYETTEViLLE's professional architectural consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CiTY OF FAYETTEVILLE during the performance of CRAFTON TULL's services. All services shall be performed under the direction of a professional architect registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CiTY OF FAYETTEVILLE and agreement of CRAFTON TULL. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of CRAFTON TULL. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ARCHITECT 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by CRAFTON TULL during the Project is included in Exhibit A attached hereto and made part of this Agreement. 2.2 CRAFTON TULL shall coordinate their activities and services with the CITY OF FAYETTEVILLE. CRAFTON TULL and CITY OF FAYETTEVILLE agree that CRAFTON TULL has full responsibility for the architectural services. -FXHIBIT standard Contract - Professional Architectural Se"ices.doc A. 9 Grafton Tull Page 5 of 26 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CRAFTON TULL, 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project 3.1.2 Assist CRAFTON TULL by placing at CRAFTON TULL's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist CRAFTON TULL in obtaining access to property reasonably necessary for CRAFTON TULL to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by CRAFTON TULL and render in writing decisions pertaining thereto. 3.1.5 The Parks and Recreation Project Manager is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Parks and Recreation Project Manager shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to CRAFTON TULL in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. CRAFTON TULL will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Exhibit A. SECTION 5 - PAYMENTS TO ARCHITECT 5.1 The maximum not -to -exceed amount authorized for this Agreement is $ 42,430.00 The CITY OF FAYETTEVILLE shall compensate CRAFTON TULL based on a Lump Sum basis as described in Exhibit A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with CRAFTON TULL's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by CRAFTON TULL and approved by CITY OF FAYETTEVILLE. Applications for payment Standard Contract - Professional Architectural Services.doc 2 A. 9 Grafton Tull Page 6 of 26 shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of CRAFTON TULL's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise CRAFTON TULL in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5A Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CRAFTON TULL shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by CRAFTON TULL to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against CRAFTON TULL or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, CRAFTON TULL will maintain (in United States Dollars) the following minimum insurance coverages: Tyne of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim Standard Contract - Professional Architectural Services.doc A. 9 Grafton Tull Page 7 of 26 CRAFTON TULL will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and CRAFTON TULL waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of CRAFTON TULL's services. 6.2 Professional Responsibility 6.2.1 CRAFTON TULL will exercise reasonable skill, care, and diligence in the performance of CRAFTON TULL's services and will carry out its responsibilities in accordance with customarily accepted professional architectural practices. CITY OF FAYETTEVILLE will promptly report to CRAFTON TULL any defects or suspected defects in CRAFTON TULL's services of which CITY OF FAYETTEVILLE becomes aware, so that CRAFTON TULL can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CRAFTON TULL, 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by CRAFTON TULL relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on CRAFTON TULL's experience, qualifications, and judgment as a design professional. Since CRAFTON TULL has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, CRAFTON TULL does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by CRAFTON TULL. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of CRAFTON TULL's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of CRAFTON TULL. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other parry to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination Standard Contract - Professional Architectural Services.doc A. 9 Grafton Tull Page 8 of 26 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CRAFTON TULL is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to CRAFTON TULL at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CRAFTON TULL's default. 6.5.4 If termination for default is effected by CRAFTON TULL, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to CRAFTON TULL for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by CRAFTON TULL relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, CRAFTON TULL shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by CRAFTON TULL in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of CRAFTON TULL to fulfill contractual obligations, it is determined that CRAFTON TULL had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of CRAFTON TULL are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond CRAFTON TULL's reasonable control, CRAFTON TULL shall be entitled to additional compensation and time for reasonable costs incurred by CRAFTON TULL in temporarily closing down or delaying the Project. Standard Contract - Professional Architectural Services.doc 5 A. 9 Grafton Tull Page 9 of 26 6.7 Rights and Benefits 6.7.1 CRAFTON TULL's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and CRAFTON TULL which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or CRAFTON TULL in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CRAFTON TULL written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and CRAFTON TULL shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CRAFTON TULL and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to CRAFTON TULL for services rendered by CRAFTON TULL. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of CRAFTON TULL's employees and the importance of CRAFTON TULL's public relations, CRAFTON TULL may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to CRAFTON TULL's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide Standard Contract - Professional Fvchitectural Services.doc A. 9 Crafton Tull Page 10 of 26 CITY OF FAYETTEVILLE's comments to CRAFTON TULL. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of CRAFTON TULL's activities pertaining to any such publication shall be for CRAFTON TULL's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and CRAFTON TULL from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. CRAFTON TULL may retain reproduced copies of drawings and copies of other documents. 6.12.2 Architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by CRAFTON TULL as part of the Services shall become the property of CITY OF FAYETTEVILLE when CRAFTON TULL has been compensated for all Services rendered, provided, however, that CRAFTON TULL shall have the unrestricted right to their use. CRAFTON TULL shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of CRAFTON TULL. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. CRAFTON TULL makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 CRAFTON TULL's address: 901 N. 47th Street Suite 200 Rogers, Arkansas 72756 Standard Contract- Professional Architectural Services.doc A. 9 Crafton Tull Page 11 of 26 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and CRAFTON TULL each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor CRAFTON TULL shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between CRAFTON TULL and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terns contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to CRAFTON TULL a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by CRAFTON TULL, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of CRAFTON TULL 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve CRAFTON TULL of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 CRAFTON TULL shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CRAFTON TULL's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 CRAFTON TULL's obligations under this clause are in addition to CRAFTON TULL's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against CRAFTON TULL for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and CRAFTON TULL Standard Contract - Professional Architectural Services.doc 8 A. 9 Crafton Tull Page 12 of 26 arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 CRAFTON TULL shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. CRAFTON TULL shall also maintain the financial information and data used by CRAFTON TULL in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CRAFTON TULL will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of CRAFTON TULL; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 CRAFTON TULL warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CRAFTON TULL for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct Standard Contract - Professional Architectural Services.doc A. 9 Crafton Tull Page 13 of 26 from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that CRAFTON TULL or any of CRAFTON TULL's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CRAFTON TULL terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against CRAFTON TULL as it could pursue in the event of a breach of the Agreement by CRAFTON TULL As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs CRAFTON TULL incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, CRAFTON TULL will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and CRAFTON TULL, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk CRAFTON TULL Title: "`r` V V-U PN!:;iWT END OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES Standard Contract - Professional Architectural Services.doc 10 Exhibit A A. 9 THE CITY OF FAYETTEVILLE, ""WAS PARKS AND RKRFATION 131110"fA6 113west Mountain ITS Fayetteville, AR 72701 P14791444-3471 F(479)521-7714 February 20, 2013 Crafton Tull has been selected by the City of Fayetteville to assist the Parks and Recreation Department with the Wilson Park Pool Buildings Renovation Project. Included in the project are renovations to the pool house, concession and chemical equipment buildings. The City would like to request a proposal for the following scope of work: Services: 1. Provide design and prepare bid documents and cost estimate for the construction of the project which may include but is not limited to the following: • Changes to the main pool house entrance including removal of concrete wall(s) for new entrance and adding structural support if required; • Renovation of pool house office area including possible replacement or relocation of check in window, replacement of built-in cabinets/furniture, addition of storage space, replacement of windows on north and south to doorways and addition of climate control (equipment, insulation, etc.); • Renovation of ceilings and floors of entire pool house building. Renovations to include elimination or replacement of drop ceilings, painting or renovating the existing wood ceilings and renovating the existing concrete floors (tile or decorative concrete); • Renovation of bathrooms including replacement of shower and toilet fixtures, addition of partitions in showers, the addition of ceiling fans in both bathrooms and the addition of a changing station in men's restroom; • Replacement of existing and addition of grates above windows along north and south sides of restroom areas to create air flow and cross ventilation; • Improve efficiency of interior layout in concession building, including but not limited to, replacing built-in cabinets/furniture; and • Improvements to exterior of pool house, concession and chemical equipment buildings including veneer. 2. Ensure all new construction meets current ADA requirements, where applicable. 3. Assure all improvements meet current building and Arkansas Department of Health codes and regulations. Assist owner in obtaining all necessary permits which may include but is not limited to City of Fayetteville building permits and Arkansas Department of Health permits. Fees for City of Fayetteville permits will be waived. 4. Provide bidding phase services including reviewing submittals, issuing addendums (as required), attending pre -bid meeting, pre -construction meeting, etc. 5. Provide construction phase services such as review of submittals, review of pay requests, part time construction observation and attendance at progress meetings and inspections. II. Schedule: 1. Agreement and Proposal for services due to Parks staff by noon Friday, March 1, 2013 to meet the deadline for March 19, 2013 City Council meeting. Agreement must be in the required format approved by the City of Fayetteville City Attorney. 2. Conceptual design (30%) due to Parks staff by Friday, April 12, 2013. 3. Preliminary design (60%) due to Parks staff by Tuesday, April 30, 2013. 4. Final design (100°/%) including construction bid documents and cost estimate due to Parks staff by Friday, May 17, 2013 5. Advertise for bids no later than Wednesday, May 22, 2013. 6. Bid opening due no later than Wednesday, June 12, 2013 to meet deadline for July 2, 2013 City Council meeting. 7. Construction contract must be approved by the Fayetteville City Council no later than Tuesday, August 6, 2013. Please let me know if you have any questions or need additional information. You may reach me at 479-444-3472 or cdones(a)ci.favetteville.ar.us. Regards, Carole Jones, P.E. Park Planner II Telecommunications Device for the Deaf TOD(419)521-1316 113westmcuntain-Fayetteville, AR 72701 A. 9 Crafton Tull Page 15 of 26 ��'� Crafton Tull dM1::911 I Ito.. P00i e'P.11rj i rI Exhibit A Cont. Architectural Scope of Basic Services For: Project: Wilson Park Pool Building Renovations Client: City of Fayetteville Location of Project: Fayetteville, AR Discipline: Architecture Discipline Manager: Wes Burgess Project Manager: Wes Burgess Proposal Date: 2/28/13 Billing Type: Fixed Fee Fee/Estimate: $25,730.00 Description of the Construction Project: Renovations of Bath house and Concession Buildings at Wilson Park Pool. Total project budget is $500,000. The services to be provided by the Architect, as outlined below, shall include submittal for the Owner's approval a schedule for the performance of the Architect's services to include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. Conceptual Design Phase - Anticipated Schedule March 20, 2013-April 12, 2013: • Review Owner's project program and concept to establish project requirements. • Provide preliminary evaluation of Owner's program, schedule and construction budget. • Review with the owner alternative approaches to design and construction of the project. • Based on the mutually agreed -upon program, schedule and construction budget requirements, the architect shall prepare, for the Owner's approval, Conceptual Design Documents as indicated below: • Floor plans and other drawings necessary to convey intent for 2-3 conceptual schemes. • Relative preliminary opinions of probable cost for each scheme. Preliminary Design Phase - Anticipated Schedule April 13-April 30, 2013: • Based on the selected final Conceptual Design and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Preliminary Design documents consisting of drawings and other documents as indicated below: • Floor Plans, Elevations, Ceiling Plan, Finish Schedule Final Design (Construction Documents) Phase - Anticipated Schedule May 1-May 17, 2013: Based on the approved Preliminary Design Documents and any further adjustments in scope, quality, schedule or construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. www.craftontull.com A. 9 Crafton Tull Page 16 of 26 • Assist the Owner in preparation of necessary bidding information, bidding forms, the Conditions of the contract, and the form of Agreement between the Owner and the Contractor. • Assist the Owner with the filing of required documents for approval of the authorities having jurisdiction over the project. • Provide an updated opinion of probable cost for all work contained in Construction Documents. Bidding & Ne otiatina Phase . Anticipated Schedule May 18-July 2, 2013: • Assist the owner in obtaining bids or negotiated proposals and award of contracts. • Respond to contractor's request for information regarding clarification of the contract documents. • Review substitution requests for products specified on project. • Prepare addendum and supplemental drawings as needed. Construction Administration Phase: • No services provided under this agreement. Additional Services: It may become necessary from time to time to incorporate changes to the contract documents to accommodate changes in the project program and /or other requirements. These changes will be made on time and material basis and billed to the Owner per the attached billing rate schedule for additional services. • Provide revisions to approved documents when requested and approved in writing by the Owner. • These services shall not be provided without prior written approval by the owner. Owner's Responsibilities: The Owner shall be responsible for providing the following information: • Any special requirements not typically provided by the Architect's scope which are necessary to complete the design of the project. Excluded Items: The following items are excluded from this proposal but may be provided at the request of the Owner for additional fee to be addressed by separate agreement • Design and documentation of or owner provided or special systems. • Any required environmental permitting associated with the site is assumed to have been evaluated prior to the beginning of design through appropriate due diligence by the owner or contractor and is not required for the project site including: • FEMA Permitting (CLOMR/LOMR) • Corps of Engineers 404 Permitting • Wetlands Determination • Environmental Assessment and remediation This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. w .craftontull.com A. 9 Crafton Tull Page 17 of 26 �,�'� Crafton Tull •� arc�il2c;ura knglnearinr, I sl.lt+a�• ril Exhibit A Cont. Mechanical/Electrical/Plumbing Scope of Basic Services For: Project: Wilson Park Pool Building Renovations Client: City of Fayetteville Location of Project: Fayetteville, AR Discipline: Mechanical, Electrical, Plumbing Discipline Manager: Richard Godfrey Project Manager: Wes Burgess Proposal Date: 2/28/13 Billing Type: Fixed Fee Fee/Estimate: $12,600 Description of the Construction Project: Renovations of Bath house and Concession Buildings at Wilson Park I Pool. Total project budget is $500 000. Mechanical design shall consist of ventilation, and air conditioning (HVAC) systems design. Air conditioning shall be limited to office area only. Mechanical design shall be in general conformance with the 2006 Arkansas Mechanical Code. HVAC design shall include the following items presented at the following project phases: Conce tual Design Phase - Anticipated Schedule March 20 2013-A ril 12 2013: • Develop mechanical systems and mechanical space requirements for narrative. Preliminary Design Phase - Anticipated Schedule April 13-April 30, 2013: • Locate major mechanical equipment. • Single line ductwork plan. • Preliminary equipment schedules. • Specification index. Final Design Construction Documents Phase - Anticipated Schedule May I -May 17 2013: • Final plans including: equipment/ductwork layout, piping plans, schedules, and details. • Specifications. Bidding & Negotiation: • Provide addenda information as required for clarification regarding construction documents. Construction Administration: 0 No services provided under this agreement. A. 9 Crafton Tull Page 18 of 26 Plumbing design shall consist of design for domestic water, natural gas, and sanitary sewer. Plumbing design shall be in general conformance with the 2009 International Plumbing Code. Plumbing design shall include the following items presented at the following project phases: Conceptual Design Phase_- Anticipated Schedule March 20, 2013-April 12, 2013: • Develop plumbing systems and plumbing space requirements for narrative. Preliminary Design Phase - Anticipated Schedule April 13-April 30, 2013: • Locate plumbing fixtures and equipment. • Preliminary plumbing fixture schedule. • Preliminary one line piping plans. • Specification index. Final Design (Construction Documents) Phase - Anticipated Schedule May 1-May 17, 2013: Final plans including domestic water, sanitary sewer and natural gas distribution plans, plumbing fixtures, schedules and details. Final rough -in plumbing design to be based on input from City personnel. Specifications. Bidding & Negotiation: • Provide addenda information as required for clarification regarding construction documents. Construction Administration: • No services provided under this agreement. Electrical design shall consist of design for power, lighting, and communications systems (if required). Electrical design shall be in general conformance with the 2011 National Electrical Code. Electrical design shall include the following items presented at the following project phases: Conceptual Design Phase - Anticipated Schedule March 20. 2013-April 12, 2013: • Develop electrical systems and electrical space requirements for narrative. Preliminary Design Phase - Anticipated Schedule April 13-April 30, 2013: • Preliminary electrical power plans indicating panels, distribution and receptacles. • Preliminary communication plans indicating low voltage (data, phone, cable) outlets. • Preliminary Lighting plans. • Preliminary lighting fixture schedule. • Specification index. w .craftontull.com 2 A. 9 Crafton Tull Page 19 of 26 Final Desian (Construction Documentsl Phase - Anticipated Schedule Mav 1-May 17, 2013 • Final electrical power plans indicating panels, distribution and receptacles. • Final communication plans indicating low voltage (data, phone, cable) outlets • Final lighting plans. • Final lighting fixture and panel schedules. • Performance based fire alarm plans. • Backbox only plans for owner provided access control locations. • Specifications. Bidding & Neaotiation: Provide addenda information as required for clarification regarding construction documents Construction Administration: • No services provided under this agreement Provide design for fire protection system via a performance specification if fire protection system is determined to be required by Architect. Drawings will be in Revit format and will be presented in hardcopy format. Electronic copies of drawing files can also be provided in PDF format, only, for archiving purposes. Drawings will be made available in AutoCAD format to the Architect, upon request, for coordination with the other design professionals. These files will be transferred via the Engineer's file exchange server. These files are to be used by members of the design team, only, and shall not be transferred to contractors, sub -contractors, other design professionals, etc., without written permission from Crafton, Tull, & Associates, Inc. Mechanical, electrical, and plumbing design, drawings, and responsibility shall terminate five (5) feet outside of the building, except as required for feeders from transformers beyond this distance, site lighting, parking lot lighting and branch circuiting. Outside plant telecommunications empty conduit shall terminate 5'-0" outside of building. Scone of Basic Services does NOT include the following: • Site sewer, water, gas, or drainage design. • Detailed energy analysis and/or life -cycle cost analysis. • Design for Backup power to systems (UPS or generator). • Preparation of energy code compliance documentation. • Fire protection system hydraulic calculations and/or preparation of shop drawings. • Fire alarm system battery calculations, foot candela levels and/or preparation of shop drawings. • Specification and/or design of security, access control and surveillance system. • Specification and/or design of audio and video systems. • Specification and/or design of theatrical production lighting. • Detailed equipment and/or materials take -off. • Preparation of "As -Built" drawings. www.craftontull.com 3 A. 9 Crafton Tull Page 20 of 26 • Lightning protection system. • LEED design or documentation. • Specification and/or design of foodservice equipment. • Construction administration services. • Specification and/or design of site lighting. Note: Services listed can be provided for additional fee. This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. www.craftontull.com �&� Crafton Tull '� " aful�ICL'JfC I CII_I nic�lfl] I �!lu::"y'I"¢ Exhibit A Cont. Scope of Basic Services For Survey: A. 9 Crafton Tull Page 21 of 26 Project: Wilson Park Pool Building Renovations City of Fayetteville Client: Location of Project: Wilson Park Pool — west end of pool admissions building Discipline: Surve in (for Project Design) Discipline Manager: Al Harris Project Manager: Wes Burgess Proposal Date: 2/28/2013 Billing Type: Fixed Fee Fee/Estimate: $1,500 for partial Topographic Survey at west end of pool admissions building Description of the Construction Project: Proposed improvements to the existing admissions building and handicap ramps for parking lot. The area for the survey is as shown on attached Exhibit "C" Survey Site. 1. Our survey crew will set a minimum of two semi -permanent survey control monuments/benchmarks on the site that will be tied to the city coordinate & elevation datum to which all survey data will be referenced. 2. We will provide a partial topographic survey of the project area site as shown on the aerial map attached as Exhibit "C". Sufficient ground elevation shots will be taken for the creation of l'-contours across the proposed improvement site. We will locate the exterior corners of the existing building on the site and determine the finish floor elevation. The project site for the topographic survey will include approximately 4,350 square feet. 3. We will locate all visible utility lines within the project area site, and will include the sizes & flow lines of visible drainage inlets and pipes, and sewer manhole tops & inverts. 4. A portion of the existing parking lot will be located in the vicinity of the northwest corner of the admissions building. We will survey the location and elevations of the curb, edge of asphalt and sidewalk. 5. We will prepare a base survey drawing of the topographic survey for the proposed improvement area site, which will be used for architectural and/or engineering design purposes. 6. Scope of Basic Services does NOT include the following: a. Tree surveys. b. Easement dedication plat, easement documents, tract split plats, or similar type plats as may be required by the governing agency for approval of this project. Surveys and plats of the property for financing, sales, or for purposes other than as previously described, such as an as -built survey. c. Surveys of offsite utility, street or drainage improvements not within the project area. d. Surveys for environmental studies, including wetland delineation. e. Surveys for flood data or studies for Corps of Engineer, FEMA or other special government agency permitting. f. Surveys for location of geotechnical soil borings or pits, and construction services or staking. Note: Services listed under Item 6 can be provided for additional fee. 7. Client shall provide: a. Disclosure of known buried tanks or environmental concerns within the proposed improvement site area that will be required to be shown on the survey. b. Access for our survey crew personnel to enter the property to conduct the surveys. This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. www.craftontull.com 1 of 1 A. 9 Crafton Tull f26 WILSON PARK POOL BUILDING RENOVATIONS EXHIBIT A Cont. Phase Name Employee/Class Name Billable Rate Hours Cost Conceptual Design Director of Architecture $ 145.00 34 $ 4,930.00 Intern Architect III $ 95.00 12 $ 1,140.00 Engineer Intern ll $ 85.00 8 $ 680.00 Sr. Professional Surveyor $ 120.00 2 $ 240.00 Professional Surveyor $ 90.00 4 $ 360.00 Survey Party Chief $ 60.00 7 $ 420.00 SurveyTechnician II $ 40.00 12 $ 480.00 Sub -Total 79 $ 8,250.00 Preliminary Design Director of Architecture $ 145.00 8 $ 1,160.00 Intern Architect III $ 95.00 46 $ 4,370.00 Sr. Engineering Manager $ 140.00 4 $ 560.00 Engineering Designer III $ 95.00 20 $ 1,900.00 BIM Coordinator III $ 70.00 8 $ 560.00 Sub -Total 86 $ 8,550.00 Final Design / Const. Docs Director of Architecture $ 145.00 40 $ 5,800.00 Intern Architect III $ 95.00 49 $ 4,655.00 Vice President of Engineering $ 150.00 2 $ 300.00 Sr. Engineering Manager $ 140.00 8 $ 1,120.00 Project Engineer $ 100.00 8 $ 800.00 Engineering Designer III $ 95.00 44 $ 4,180.00 Engineer Intern ll $ 85.00 16 $ 1,360.00 Engineer Intern $ 75.00 5 $ 375.00 BIM Coordinator III $ 70.00 32 $ 2,240.00 Sub -Total 204 $ 20,830.00 Bidding & Negotiating Director of Architecture $ 145.00 6 $ 870.00 Intern Architect III $ 95.00 14 $ 1,330.00 Sub -Total 20 $ 2,200.00 Reimbursable Expesnses Survey Expenses $ 250.00 Mileage $ 250.00 Postage $ 100.00 Printing $ 1,500.00 Health Dept. Review Fee $ 500.00 Sub -Total $ 2,600.00 Total 389 $ 42,430.00 A. 9 Crafton Tull Page 23 of 26 Crofton Tu I I irchns:-%i:-Minn GImw mii Exhibit "B" Standard Hourly Rate Schedule Effective February 5, 2013 Hourly Category Rate VICE PRESIDENT OF ARCHITECTURE..... $ 150 DIRECTOR OF ARCHITECTURE .............. $ 145 DIRECTOR OF QUALITY ASSURANCE..... $ 145 SR. PROJECT MANAGER ....................... $ 140 PROJECT MANAGER ............................. $ 125 SR. PROJECT ARCHITECT ..................... $ 105 PROJECT ARCHITECT ........................... $ 95 INTERN ARCHITECT III ........................... $ 95 INTERN ARCHITECT II ........................... $ 85 INTERN ARCHITECT I ............................ $ 75 SR. DESIGNER .... .... ............................. $ 110 DESIGNER III ........................................ $ 95 DESIGNER II ......................................... $ 85 DESIGNER I____.._.._.... _............... ...... .. $ 75 13IM COORDINATOR III ........................... $ 70 81M COORDINATOR II ............................ $ 55 131M COORDINATOR I ............................. $ 40 • _ - VICE PRESIDENT OF INTERIOR DESIGN. $ 105 DIRECTOR OF INTERIOR DESIGN ........... $ 95 INTERIOR DESIGN PROJECT MANAGER. $ 90 SR. PROJECT INTERIOR DESIGNER ....... $ 85 PROJECT INTERIOR DESIGNER ............. $ 80 INTERIOR DESIGNER III ......................... $ 75 INTERIOR DESIGNER II .......................... $ 70 INTERIOR DESIGNER I ........................... $ 65 ENGINEERING PRINCIPAL ...................... $ 150 SR. ENGINEERING MANAGER ................ $ 140 ENGINEERING MANAGER ...................... $ 125 SR. PROJECT ENGINEER ....................... $ 110 PROJECT ENGINEER ............................ $ 100 ENGINEER INTERN II ............................. $ 85 ENGINEER INTERN I .............................. $ 75 SR. ENGINEERING DESIGNER ................ $ 110 ENGINEERING DESIGNER III .................. $ 95 ENGINEERING DESIGNER II ................... $ 85 ENGINEERING DESIGNER I .................... $ 75 ENGINEERING CAD TECHNICIAN III ......... $ 70 ENGINEERING CAD TECHNICIAN II ......... $ 55 ENGINEERING CAD TECHNICIAN I .......... $ 40 r :3R. LANDSCAPE ARCHITECT ...........I..... $ 115 PROJECT LANDSCAPE ARCHITECT ......., $ 90 IANDSCAPE ARCHITECTURE DESIGNER $ 80 IANDSCAPE ARCHITECT INTERN ........... $ 55 PLANNING MANAGER ............................ $ 125 SR. PLANNER ....................................... $ 110 PLANNER ............................................. $ 90 :3R.INSPECTOR .................................... $ 90 INSPECTOR II ....................................... $ 80 INSPECTOR I ........................................ $ 65 Hourly Category Rate VICE PRESIOENTOF - T150 DIRECTOR OF ENGINEERING-__ ... ............ $ 145 SR. PROJECT MANAGER._..._ .................... $ 140 PROJECT MANAGER...._ ............................. $ 125 SR. PROJECT ENGINEER __, __.___..__.., _... ..,. $ 110 PROJECT ENGINEER. ___........ .................... $ 100 ENGINEER INTERN III ._........... $ 95 ENGINEER INTERN II .- _..... .. .. .. ......... $ 85 ENGINEER INTERN I ...... ......................... $ 75 SR. ENGINEERING DESIGNER $ 110 ENGINEERING DESIGNER III ... .. .. ........... $ 95 ENGINEERING DESIGNER II ....................... $ 85 ENGINEERING DESIGNER I._ ................... ... . $ 75 BIM COORDINATOR III ........_._.................. $ 70 SIM COORDINATOR It ........... ................. $ 55 SIM COORDINATOR I .................................. $ 40 PROFESSIONAL SURVEYOR PRINCIPAL _.._.5 1 0 SR. PROFESSIONAL SURVEYOR PROFESSIONAL SURVEYOR.,,......_.__........ $ 90 SURVEY COORD3NATOR ......... .......__........ $ 70 SURVEYORINTERN........ $ 75 SURVEY PARTY CHIEF ..............-.. _._....... $ 60 SURVEY TECHNICIAN III .... ...........-_.__...... $ 55 SURVEY TECHNICIAN 11 ...... ........ ..............._ $ 40 SURVEY TECHNICIAN I..,. ---- ............. _.. $ 30 • • GIS MANAGER .......... ............ ...._......._...._ $ 95 GIS ANALYST ...................... 85 GIS TECHNICIAN Ii ............ _.. $ 55 GIS TECHNICIAN I... ... -..__..._.._...._.-_....... $ 40 ADMINISTRATIVE PRINCIPAL._.__ ............... $ 150 ADMINISTRATIVE MANAGER.__. _..__._..,.... $ 120 ADMINISTRATIVE IV $ 80 ADMINISTRATIVE III ...............__....... .__._. $ 60 ADMINISTRATIVE II .............._..__._------.._-. $ 45 ADMINISTRATIVE I _..........._ ....................... $ 35 GPS Equipment ----------- .. _........................... 351Hour Robotic Survey Equipment .... ..................... ..$201Hour Job Related Mileage..__.., —............ ............ $0.56/Mile Per Diem for Out of Town Crews. .... Per GSA Allowable Airfare and other travel related expenses..... ---At Cost Rlaok and white 8.5"xl 1" Copies .............. $0.15lsheat Color 8.5"xl 1" Copies ............................ $1.5015heet Photo Paper Color Plan Sheet Copies ...... S0.75Isq- ft. Reproducible Plan Copies (Vellum) ........... $1.501sq. ft Reproducible Plan Copies (Bond) ............. $0.35lsq. ft. JAY rates are subject fo change without notice, ti *. _ram meals z \ ) .. ( . f m m f �: ` } \ $ f \ § ! � !! a | k 2 |$ ■!-| - ia ■ e£2! ! # . : |)� U. - !.9 ° 77 ) - !IL )-6§ it !0 §75 7 0 - f § -CC-� ] kk) \ ° .k) . ��©�+J! ! m - A. 9 Crafton Tull Page 26 of 26 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only A. 10 Rupple Road Improvements Page 1 of 6 Chris Brown 'Y Engineering Development Services Submitted By Division Department Action Required: A resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds for Improvements to Rupple Road from Wedington Drive to Mount Comfort Road. $ 3,700,000.00 Cost of this request 4470.9470.5809.00 Account Number 06008.001 Project Number Budgeted Item =X $ 298,213 Category / Project Budget $ Funds Used to Date $ 298,213 Remaining Balance Budget Adjustment Attached 6.90-1� Date ?. /-13L_ Date Finance and Internal Services Director Date Chief of St Date Mayor Transportation Bond street Improvements Program Category / Project Name Sales Tax Construction Bonds Program / Project Category Name Sales Tax Construction Fund 2006 Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Revised January 15, 2009 A. 10 Rupple Road Improvements Page 2 of 6 KA CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director / From: Chris Brown, City Engineer Date: February 28, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of March 19, 2013 Subject: A Resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds for Improvements to Rupple Road from Wedington Drive to Mount Comfort Road BACKGROUND: Federal Aid - Surface Transportation Program -Attributable (STP-A) funds are now available to Northwest Arkansas after the Census Bureau determined the urbanized population to be over 200,000 and the FHWA designated Northwest Arkansas as a Transportation Management Area (TMA). In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have STP-A discretionary funding available at approximately $7M per year. Under current legislation, these STP-A funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy Committee. Northwest Arkansas has been officially designated a TMA and approximately $6.5M are available to the area for 2013. An application for federal funding for Rupple Road between Wedington Drive & Mount Comfort Road was submitted to and approved by the Northwest Arkansas Regional Planning Commission. However, the subject project should be considered Phase I of the overall project limits. The total project (Phase I) estimate is $3,700,000. The design phase is estimated at $400,000 which was submitted for FY 2013 funding. On January 23, the NWARPC approved funding of the design phase for $320,000 (80%) from the Surface Transportation Program -Attributable (STP-A), but the City must provide a 20% match of $80,000. The remainder of the project funding will be submitted for future year's available STP-A funding. PROPOSAL: The next step in this process is appropriation of matching funds by the City. Therefore, a City Council resolution expressing the willingness of the City to utilize federal aid funds, and to provide matching funds for the federal aid dollars is needed. The Street Committee reviewed this item at the February 4'h meeting and recommended that this project be presented to the City Council for their approval. A. 10 THE CITY OF FAQ ARKA * Staff recommends approval of the attached resolution to reconstruct Rupple Road from Wedington Drive to Mount Comfort Road. The resolution provides for: • The City understands that Federal -aid Surface Transportation Program -Attributable funds are available for certain city projects using the participating ratio of 80% Federal/20% City. • The City will participate in accordance with its designated responsibilities for this project. • The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. • The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department (AHTD) to initiate action to implement this project. If the resolution is approved, the Mayor may sign the forthcoming AHTD agreement, and then work on this project may proceed. BUDGETIMPACT: This project will be based on an Agreement Of Understanding with AHTD in which Federal -aid money will pay 80% of the project amount and the City will pay 20%. Based on the total estimate of $3.7 million, the Federal -aid portion will be $2.96 million and the City's portion $740,000. (These numbers are subject to change as the project is developed and more detailed estimates are provided.) The Federal portion will be paid from the Surface Transportation Program -Attributable (STP-A) funds. City funds will be from the Transportation Bond Program or CIP Fund. A. 10 Rupple Road Improvements Page 4 of 6 RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR RECONSTRUCTION AND RELOCATION OF RUPPLE ROAD FROM WEDINGTON DRIVE TO MOUNT COMFORT ROAD WHEREAS, the City of Fayetteville understands that Federal -aid Surface Transportation Program -Attributable funds are available for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road (the "Project") using the following participating ratios: Work Phase Federal % City % Preliminary Engineering 80% 20% Right-of-Way/Utilities 80% 20% Construction 80% 20% Construction Engineering 80% 20% 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 hereby determines that the City will participate in accordance with its designated responsibilities in this Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor, or his designee, to execute all appropriate agreements and contracts necessary to expedite the construction of this Project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this Project. PASSED and APPROVED this 19°i day of March, 2013. APPROVED: Un LIONELD JORDAN, Mayor ATTEST: M. SONDRA E. SMITH, City Clerk/Treasurer pie ad e 5F6 N C y0 WO � U r a s a 3pr r a Q U ayu 'J` r a� az a N F,. A. 10 Rupple Road Improvements Page 6 of 6 FEDERAL -AID PROJECT RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING CITY PROJECT: Reconstruction & Relocation of Rupple Road from Wedington Drive to Mount Comfort Road in Fayetteville WHEREAS, the City Fayetteville understands that Federal -aid Surface Transportation Program -Attributable funds are available for certain city projects using the following participating ratios: Work Phase Preliminary Engineering Rig ht-of-Way/Uti I ities Construction Construction Engineering Federal% City% 80% 20% 80% 20% 80% 20% 80% 20% NOW, TH R E R B OUNCIL OF THE CITY OF FAYETT VILLE, NMItillil:d1ce H SECTION I T Cie n ith its designated responsibilities in this project. SECTION II: The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. SECTION III: The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. THIS RESOLUTION adopted this day of 2013. Lioneld Jordan Mayor ATTEST: (SEAL) City of Fayetteville Staff Review Form Leif Olson Submitted By City Council Agenda Items and Contracts, Leases or Agreements 3/5/2013 City Council Meeting Date Agenda Items Only Division B. 1 Wedington Corridor Neighborhood Master Plan Page 1 of 48 Sustainability and Strategic Planning Department Action Required: Staff requests approval of a resolution to adopt the Wedington Corridor Plan Vision Document and Illustrative Plan. NIA Cost of this request N/A Account Number Project Number Budgeted Item N/A Category I Project Budget N/A Funds Used to Date N/A Remaining Balance Budget Adjustment Attached NIA Program Category / Project Name NIA Program / Project Category Name N/A Fund Name Z �3LI Previous Ordinance or Resolution # Date Original Contract Date: 09-- Original Contract Number: Date +o.A Ck Z-18-2013 Finance and Internal Services Director Date L/ -1 Date Received irpgity i Clerk's Office Errs Received in �,$( Mayor's Office Revised January 15, 2009 B. 1 Wedington Corridor Neighborhood Master Plan Page 2 of 48 THE CITY OF FAYETTEVILLE, ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Man, Chief of Staff /1 Peter Nierengarten, Sustainability and Strategic Planning Directo From: Leif Olson, Associate PlannerA Date: February 14, 2013 Subject: ADM 13-4318 Wedington Corridor Plan RECOMMENDATION: Staff requests approval of a resolution to adopt the Wedington Corridor Plan vision document and illustrative plan with amendments provided by the Planning Commission. I�LNY/11ii111110-13 The City Council adopted City Plan 2030 on July 5, 2011. City Plan 2030 set a goal of using a charrette process to generate a complete neighborhood plan every other year for key areas of the City. These plans were intended to incorporate key principles of City Plan 2030, including appropriate infill and revitalization, traditional neighborhood development and attainable housing. The Wedington Drive Corridor was selected by the City Council on August 7, 2012 as the fourth complete neighborhood plan project. The criteria used to select this area included: 1) Meets the City's goals as outlined in the City Council's Strategic Plan and City Plan 2030; 2) Is experiencing development pressure; 3) Has a high percentage of vacant or underutilized land; and 4) Has potential for significant public participation. The Wedington Drive Corridor met all of these criteria. DISCUSSION: During October and November 2012 City Staff led a community charrette where public input was solicited on the Wedington Corridor. This input was used to guide the development of the Illustrative Plan and the Vision Document which contains four plan fundamentals: 1) Refine Wedington Drive as Wedington Parkway, 2) Envision the "Heart" of the Neighborhood Along Rupple Road, 3) Support Active Transportation Options, 4) Designate a North -South Oriented "Greenway" Connecting the Hamestring and Owl Creek Watersheds. The Planning Commission recommended forwarding of the Wedington Corridor Plan to City Council at it's February 11, 2013 meeting with an amendment to the implementation timeline for the realization of access management goals. BUDGET IMPACT: None Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 B. 1 Wedington Corridor Neighborhood Master Plan Page 3 of 48 RESOLUTION NO. A RESOLUTION TO ADOPT THE WEDINGTON CORRIDOR NEIGHBORHOOD MASTER PLAN VISION DOCUMENT AND ILLUSTRATIVE MASTER PLAN WHEREAS, The City of Fayetteville developed City Plan 2030 through a collaborative planning process in 2011; and WHEREAS, City Plan 2030 calls for a comprehensive neighborhood master plan to be prepared every other year; and WHEREAS, the Wedington Corridor Neighborhood Plan was developed through an intensive and inclusive charrette process involving all stakeholders; 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 hereby approves a resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. PASSED and APPROVED this the 5th day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. 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O ti U aNJ c T G > Y T— O O f0 v a E R -O Y R b0 Y c bo td 0 > y R E fl sU C U O O v OC) t o 0 to E cOG N U Fb G Ycgs'H O a„ '40) o s o F- B., _. r_a Neighborhood _ems } 0 \ )\m 7 §�0 ;_ ( � } })\ _ ¥¥, ¢ a�f \ \ \ \j 2k\ �k / /(} }{ g 0fj 2 Q) ;±k k —\ Q\ r (/ -( § �§) - ® --- e| § »\( \e 2�ka tonk 2/ - :, } - \] 2 ° o , e— \ U y _ F73 4.4 \ �� �� 0 u42;K B. 1 Wedington Corridor Neighborhood Master Plan v � F R � >v R L a• v v h � L O F c O a > .E v L R v v G U R R G O U }' N n .Z; a V v R � y OG G N � o ,a G O 4� N N v u E F O v ¢' a � E = Y b C C a 'L G v bA y c 40- N (L � � U a y � L � 4..• = N � � - U to L •- v — rn L — v v '3 a u c a, to s °3 to - o ,� 7D Y L to 3L 3 v bGA t` •R 3 Y a O C v E L Y v G R L F w u -- N r,� 4 WS IN r-i C 0 >, E R ro L E a itl u L 0 3 mi O v Lv y G R L y O 4c, v bA v rn v i -0bn G L v v G 'O U V C F C 0 to bA mto A N R G L 3 3 "O .G t o .+ Y •t-Ltl O .0 v in bA G I R L v rn rn G R V G i v G 0. OL > 4N1 v Y d O. E O D U' �, U a.. G v v, O- N • V L �. 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'n C > N G G 3 U v R L H a ° .O ° 3 a E •o 'E O Q U E r v v p y to 0 N G 3 v o R to c a R E > .5 c O- .a v a R O i v ti R y h W T p'O y bA R 'L O u y v ,L a^ >.'; Y v a' v p v s v m s p R R 3 E 3 L R R v o C] u v 3 c r bun o Ro u R s y° So N .G E y Y y i O v> v i 'LO tLd U bq 3 ,E E •o o v � > cvi 0° v a v to t c ... to to C> y E O� O G >' O> R v� G to R_ 0. •y O •N E v C U bA vto G ,} R v 4 R s c •0 3 Y fo v ro 3 v G R v R C O O E G L G F E N Y> L E V1 �� B. 1 Wedington Corridor Neighborhood Master Plan B., _. r_a Neighborhood _ems 0(cl �0® _ \§\J\ §)/§\ /)©o ^ \�\\o cz Q ,&!§% &\§a7 \\� t /kk{/\ ZI kk® G � )ii)\[} .2 E \\Z §}/7{) E mu um c� \k B. 1 Wedington Corridor Neighborhood Master Plan C O H y 30 U y 0 E y Y R V u U � •Y « V R R R y L y y U i R ti O c a o 0 0 Q N y' N Ol V y 7 QL' >� V N R y y V GC C C > O E ° ° � 0 L 0 U V U 3F cl c N N M .O ] g — O Z �L °•n= U U W 7 E m o. R — a F- 4O bn C d •C v a a t c o ej R v u .L. y N y L L C L Y U U •� U i R O Y y0 V R a c•a� oU y 7 Q a _U y G L N bn O C 0— to w¢ 0 v R m aR+ aC+C�• L y 'O YO R FA r .u. R Lo � •9 cui y r m cvi CN C y U w R ° v 4) cd 'u a a Y n 0 °q x ,C V E R .� 4 v c o a a R r y d R U y 0. ti y �La E s Lon y aCi u > Y bn 0 a o a a� ss R v E V R Q R 4•. 'O pn R R O 3 ° R o •E a ° > s'5 v > � crass � o`na° L. B. 1 Wedington Corridor Neighborhood Master Plan O �••� L C L y V V N a = o co a c'Y c 0-'0 L E t O Z O Y L � 4N ,C V C v c� V to a c LLI •N = NL � v V bD N h 1 p( .w L Y V1 = Vf c N 3c Z 3 0 0' c F U y N 0 ° 0 a aav �u W z = v C _O D O O N C � � t L rq Q 4 cC L O N V J Y se =p 7 3 � = 4 O _ — o ' R o ci o bn c o b © w > Q T C L d 3 Q a bb 0 Q ° `o ° u C] U w, O =YLL E O c0 N vi - a U U G Y U y U > O t U R U O• L }' a o c c •- m L N _ L � ° � N v T R Y R 7J N N > > G L Q v C �N• OU L u ° c 3 = N > �u�oQ ° t 0 > U y = r .4 = 73 tm _T o V � tC L i7 • � vi RS v U •L 7� ° w [] U O .N o Y d > % bA'3 r w aw O � -2 y c = 3 O � N F E w °_ B. 1 Wedington Corridor Neighborhood Master Plan a ., O y >, }'4'3 V S_k T3 •p R. 4] C 9 V Q w N v .c r � � o r m y v, ro E � V � V O y N L N L O G N y O. U J O It C ti O C t H aL+ 3 C O = •Y ca D. yv N lV O cc OQ] by � � a c a>i i '9 • S > O U L > = ° 0 > 103. _ Y Q � y > c ar 4 ° 0 ° °qo ..=2u O V ' E y F 3 qu 0 ° y V Y jG °Na c c° a 7 bB n r'H o ca .a c Q C > 's o •y o = flip, I if, -11 '- •r�y'wa, tfn- V so r a E � •tiF •+�, )ter �w N � N o V / .e y� • o Ya D, y m•i� o e'•'' E ..: °.•deli el.. ♦ � �� •'''S� drM• � �. Er _ • { its a :t a• •J • • • �a 4� i a a NW r •hZ�* �.•..',� AD II Aj+4 elf• � •w •,ra 1w iC iNo ° a i� i q$g M •w a •. 0 Nip7 a. .fy� 1•A!!• �1 C •I e NO •D it ►?' g :+ma`s, A.�.«�..s anla0 9b13 SIo9 •n BM°AC Ssr 11 .' B. 1 Wedington Corridor Neighborhood Master Plan N c 3 0 s > v a>i 8 a)o° a m o ._ > 3 °= o ?+ bo a cd g A > = R F O O a U C) E N A Q V U L P' > > 0 3 ,o c r > ° 3 o '� > «' v M bo.E 3 a O u a x> o n° v o •° c y ns E o E adi ° 3 br, in �' C 'O R j y z= v CL '° is c a�i ' -a .d a�i ' •° cG 3 tb 8 c oo E'> b°n .ca 3 E > = s > E .y =O 3 �. .�• w p L = E •in o .> A ° o o u o r o m _ 'n a a> ° o c ? - v ° aGi ° abi c E o o M U 3 a o I etl U , L w L ,.° F.. v, 0 0 w o U a ° ° '� 41 3s o oUo o a v o •N N U z 0 G N- 3 N (n F 'L vi 0 E E U L R •� U N N O O n L L oilO G .� iR b 3 C 3 o c 4 to a o o rL o .o L o i c o a 5 a 'c a y y m L p s. C 7 sue. O U ate'. N YO PO !n U c6 .O O ,9 aL.• G N L y 'O 7= N w v U u• Y CL h •J' N Y cooy C G O vvi E N b0 >� L= C L > '-' _ a t�O O E U E ay. "'1 ' y O O E L• U= E w �-' N W TJ t0 U R% U= 4, U E E E~ G G= d O v� G'C bD > L cd _ O L N .O N ES N¢ C 'N 'C z cd O 'U - C W bh Y L N iC Y 0 m .� F •v •C U c �O a, 3 u w [— o 0 B. 1 Wedington Corridor Neighborhood Master Plan v 'o > 'O O L r o � L O O U O .N.• �O cl "6 0 3 y w U O P ctl v c a w bq.-- 0 u Cc, O` G V L Q N R s >; o • � on ` E E v o ❑ :D >, U >+ N 0 w o = �3 bj V N > E N N m 0 'O R <V � _ J • U N i p b = t .? bn •c bn p r c > N > C 3 vi > c ° a. i p •O •U � � � G O v Q U L _ �-° `�•3 v c��bnu C N E > u s o .E U N .6 '6 L �n K L >� •> y � > yZ L e o u obn E E w �a B. 1 Wedington Corridor Neighborhood Master Plan E 0 L H 3 0 O m 0 C y 0 U T i3 bA v F.> E t 'O 0 tN3 bq H L U bGD ' '� N N O L G a+ U bA U a i LY 'Q O£ 9 0 C E E E s k N G b0 bq t O E y O tot 00 a`� `° ^�� g_ m N C cp �'� b 3r�'N E N u en 'y Y y o 41 0 y N U G Oq U C O 73 « S U r E tG �' ON _0 O ttl N '00 R) ti G C a' L G �' U= bA Y L •G el o a E bno �U o3 � G y W •y i3 •O � R G ,k •y � v 'y G i3 W O O y E G v 3 G s O G . .>_ d v >, o E o F- uE o =° ° a a E d o a .x E s a o 'G o [ .? � i R E a 'a s a v N 3 bb G ti $ o ° _ 6 3 = o o a G a o V a O❑ m v .; O O YO r- a 3 00 `o s sbo a° 'E ° ❑ 3 c bq G o 0 N a E get �Y b '6 Q G at.+ a i�' 7 7 E 7 ttl U y R y y o O n' E >_ -o 'C C k U G 04 G U N '"' G rA CC Y 'D 3 2 . i 'y o o 4 G' a E a i 0 U O rn ma v n r2 A 9 l' ;E E rn 'e a Y O 3 J c E VL R r 0 U B. 1 Wedington Corridor Neighborhood Master Plan U U � Ecc o V L L a0ED s ti b0 •E v � E .. E O a 0 •O 4. t O � Y � � O r O C9 C A C N N E 3E= Y °LG •� ,y' L S1. a O cm 0 C > y E W L O 00 = a O F 7 V y � � � C L — w A b � . � a = i � w � v X � � s U U w is a o > ?,_� G _N L to 42 3 > L N C CL' G CU O y O Y T� U N ctl O r c ¢ O e 1, B. 1 Wedington Corridor Neighborhood Master Plan .a O O W � v7 c a V7 3 w M 3 W i 3 v p t o m W p i e -p is ro a i v a '^ V a« IL T U -a w' ro c o t o w«" > E a R y A 3 o U C V T'6 N i L N i p 6 N O p y C N ro v 3« n D m ro z b o -MA u b •o $ y 3 ro E 32 F i t a c Y ca c 3 w Lo - ro C v w ti' tOi Warm a N v c v .Q p v m ro u, v 3 x i Y w 3 ro o v m e n M w m c w p, ro s ro 3 E s E w '^ L v aE 3 i R c k a 3 w `p 3 c Lro $ u u 3 a E C y v bA "c7 .N, i3 i3 N c c G v N v v v t G v c Y > Y r v L — o 0 0 0 Y u O ��eroQ0� ��a �oY�30 �y=°too � ro E E •� = c ro 0 3A vG >' v G> O oL.. t •- O. O 'C bq 'C � - "ii ro •p R c3 bA vroi O •u 3 a La L c y w c 4° > a' n c o c 3 a o a a v o y o c v 8 v y T' C ro i3 O= e3 e' v bA L O ro 3 o c°° o L r v v ro C U i3 s a 3 o y v, v O O o ai > y •o E v O j Y U GJ N L L'• R a to a= j bA y r ,C "C "v roO v ro .L., r Y v v 4-- C a '� •v l`3 A y In o va a c s o c a4. y O L3 a lA bA L v (3 L ro v v v 4- W1 bD Y° O° ro ro O c3 'N v d U i U 0 •� C y CC .a 7� V= y vi V ro U i3 .� 'O •O rroj •B 0 y 1 C t v `-� ¢ u 3 a u R u 3 1 ¢ .5 B. 1 Wedington Corridor Neighborhood Master Plan xo Eto 0 0 3 •„ ti � �� c •O !F N .p t•. y U y V7 y R N L i N G x R �' F O R y o❑ y ao oq Jb F'" y O a d xou a o O d o o a E r O N y L O 7 OL L U b9 • G .R. O F y C4 .. W O aL. CL •fl _O aU+ m y .S *' r•, -u-2 �. bq N O > 0. R o � A x H B N o R x T C o y U r c C O s u U c end 0. L> y R bD A Z aU+ L ' E a a> c o O� � d y y R y C4 y iE R V E y � Y > Y v = 8 = U o f U o Cy v v 3 N ai N o O c L .n y o G V 0 It O .'zi' �R. •Y O �+' bD .� U U '7 � N x •9 ° � Y V w O x y L L O L 7 U r O wS o a� y U c lyn Y '� Y x y Y y V VI •� �' � N L ° a 0> a y 4+ C R YO Y y „RL„ y 4, U R o y U •° y N E° C w .O x 0 N w L U A A 0 E O y U> U L Y ,8 _ 'O Y L U 3 V Y C cLi C •L o 3 c' > fA is-04° Fx-v r-Ex - t ted N C c �C L C U `.d Y y O U •3 Zell aRi p y 'O N N N U U O V 6 L U •C A U Z R Y A p U yO c a v 8 c 9 W L O O y 'fl v m __ 43 4) > U R y O •� L Y ,U }a L O pN N R •O .� o " n•'o C ti Y I O cdd L R 3 0 F s > L p c O 3 L.._ A o. y 'S U N ,� Y Y VI N Y y a ttl L U y O O a U •v U c a+ y R C L r.R� y y Y. U U '13 3 ❑ aLi c' R> �' cytl Y O t)ho 0 O ° r- E > m $ a u E °}. a t j E L R A rA ° E 8 OU b U O L� R y L v -0C O �. U v 40.N N a ro 3 c 0 a O c i' ° `�••�' O bll O F ° •Q (U NUL -0 3w3y C c p C R to > H m y 0 c CL 'd •L N Y 4°. c L U ° O 3 L U R V c L w i 4 OL ,- Q 0 ' z N y R yy p •y4 .x+ u y 0. L x i U c E 4-c 0 "° a m O y '++ O y y N b0 x O x•+ t: .x,., m O y L U ¢, y F U U v T fj c U y Q' L > 'a C II. F. a. r m E C R U Y m y „ r >' R ai LO0 i U -0 C tUd O wx+ U •D 0 II. yL, '� 6' 'R U O L R 4 L LO G p u 4 ate. N i 3 ZI . a .0 0 c B. 1 Wedington Corridor Neighborhood Master Plan I rl+ I O K I � • ; . �----ice.:_-.� x ' h `t § ; r ,3 ' u y, �� , � � Jib' } � ZZI O U J— - cl "TVs j / ! " gMTrdana E z j 4 2 0 I 3�tl 531AOt38 B. 1 Wedington Corridor Neighborhood Master Plan v7 Q 33 ww WA °3 z° w ° max, z ° L W4 z°z < H V Z cZ7 U Gl Z 1V° U a � `W ° o 0 c a ca a c cCd .Y E i •o � c o a 0 "a— cl v, —0 z bA O U bA c = 3 r 'c ° C7 E c ti •� td .6 to .b W C -C V L N u 3 a 0 o s- cdp G O L c Cz7 o a o qu; N N o z Ou W •rn uu V c o u °' 0 N a E o 0 0.(Cd 3 °u to E c bq z C v W U or �B 00•Ev c TY ti M C td y �• W U C •C bq'13 y id vi 'X U N G VO o v c o u❑ t y o 'm •c ° a>i 'C t w c Lo aui td D L " O y ' O .R o c> y a 0. L o = c° z a 'o �' 3°❑� � c C7 U W •� u� U U E o 3 b4_ Sv�L c w bUA `Ld �' ` O C y C•' y bA p a w >, A i Oa y 0 rz a -0 C O U .y bA m U 'O p U E a{� �- E E ° �b os U L U U U a U L L 0-0 bA o L L f y ri U Qo 3E 3M0 u 3 wob-Qa A ifi s c-v Y rig p w r z U 3 w c L. 4. aci d H C O O C O n A C N U L r "a .O yz0 W N m o y nv Ep E •0 L Y T � c A 3 0. o a N° o o d E ° > C 0 O c E t, m E E o � °' L O C U •O U ;O Cz7��0csa W ` EE u ° c O C W U L C C p O O bO j j U U L r 0.>-0 R U 'a 0 0 a_ c 0 •� �AU o CL E_•° r L (� n H p 0 0 E O L E a .3 U B V U •� V ,. o Q U aH o ti m c d B. 1 Wedington Corridor Neighborhood Master Plan t- p N c m M C C L y C r- .� G —0 2 .� 2 0 1 O F O y� N 4 c 0 c>° E I o H b C N a'C. •hp O C O F C U '_' L L Ev o 2 b �, 7 ttl O 40 . _ N >° o r` c E o E a a y •o u° 3 0 Y L N tU. 7 0> h m ys .v c E E:E o U c E a°i c v -0 .= � L� c° Y o o A a 3 E 'O = O y H y tw •a a c > c> m aci '0. cOi y o a a>i U M O L U E U aci c on t0 o Q U o> 3 E d= °L' s F '✓ L _ Ny 4E aci c'aoo o vi O O F c U 7 L, E �-• m cl b t R' R O tC N U p w LO O LO eC U vi U> .Q C m w u U A F 'u;a O bll bcp -uL T O O b0 N> vi G — c> .9 L 3w4 •o U L L i L c U U U U B. 1 Wedington Corridor Neighborhood Master Plan N Yup Q A 0 Cv C3 y C p •0 Q � V � C On N j Q O o c roc a0i v a 0 v A 9 N w C h N ttl � C r O o 'D 0 a o i o 8 p c0 y c — m a. ter= u= o L i a aO E B. 1 Wedington Corridor Neighborhood Master Plan n? L •, 3 aci aEi i R o .. c a '' �, ► a `. Y Q Aw"it Wo� U , Z ° Y N E O >. o Ly 1i�Fy=MNwM/IW RIy�.w� « L U M C 7 .0 U a+ i •.. .4 O C V ° .`7 y N C U 0bA c " NO C b C V t0 A L C C S a o= n. u� > x ou U O N N [ N m .0 V Lam�••'' bl) '^ M .U_.. .. y N "6 R W Q� 7� �' C •a = 5 .n «L+ O c 'n L C O 00 Q Q T bA 7 D O = y 3 _ O O bA N �' 4 In mcq o a v N O O L to E« y V N U 03 G H p N N L O t0 O O vVi bA :fl G 'O a L y O Vtwy v on u ° fl oN b°a ° '- 3 N O U v v O C O C 1 - cui.�,. 4)'Rc'° - 3 .tGv c Y c0 0 O O .. a 5 bA V 5 G O L a ° m > ti Q b o .o a o LO 't fi o oa o � a3 ?�o E.10 c_ t L o o a C° a N a c 0 0 3 u E v c c > c a: o c o N w — > c o o °¢ a'U aci •.>-. R v c c s� y^1 'a .>_ 'B�•a o o �$u -ws t0 r C s U >, V y 0 a3 -0 G 0. 0 —0..— o to -N « L c''.°>- 3 �� ao N k apices c3�-2 cc ° o E c o o u yN R? >1 G C s., y-0 .y O O O— O O C L bA •p N i U O> t0 p tC ti O �. E C a+ U a+ C k. = E L i p C G y h C L G° b y w O V ` — _ U 3 > p° o p c. u s o c d o c aL+ y G LbD C U G'b .¢•— V O O 3 N .O •E •� .CO t0 �.�E u ca o w bA 'c Q n. 4° E E° a O. aci °a aci u E u u'; ❑ E O �O3cC Lc}^cO6 `u3�, —iw U° ' c�o u c °>E i u .E> o u.°•D y0 to 0g. -o : c ° w >= o Ec c 'a awU c, cuo> ° Eco 0 a° ai ai c aui B. 1 Wedington Corridor Neighborhood Master Plan L y v w a L ti Lr" = C R U U Z L N-� C R p O O 3 3 ti 0 b0 E v a �L v c 0 a 8� E N L Ui �3 •? C R R = N R YL• 3 L 'a •RO ,L U R c cn R¢ L UL .X to N W Y OU O cu> 3° r= N 9 N •L H L 0 0 R R _ LN d bJ O L w° N am= tj L o H tw 4 E E Y D L O N 4, n O U O 0-0 7 i3 •Q ` m= 0 0 .0 a-N E V L U� f ° v.o y s o y 0� o o U >° bq .N E U bq tL3 U G. C R Y R>0 R 0 = E by i y L U L VI y to •p0' N O c O Oh_ = :0 y > y rn O O N b r N m = Y o 3 o y w .O y c G 00 �3 y 5 s L to) F- L aE w F �� � R � f1kl v w = U A •¢�- � 2 0 aci Y'c,o> xN=��=3 O L N aU. .� U p c N .E H U° R Qr o U a 3 a 3> ai o v L t>,E bn L R¢ RE=� E ,, p C O L r •p t cV U C y N G R 4. = 7 y 'O .... p U L L N .t.• W L _ R axi p c y v y N R ° a) >, U .0 a U m 0 E s s i-14 > E a 3 2 F O uo ,o n E C' Y ^� Or v n' F L 4E 'O N N N aE - C Y «�+ c3 H cK y F 3 os > = 0 Dw R 0� v a o o L E R U o Fy 0 R R"-0 R E E pE cG bn .O 'n" _ 0to 0 L O N Yto- c bq €w� F• 0 C w w F a U A R v= U m Cm; V 4i3. O w • v E A v v r ro r id R v .'�.., a 4' U y E •O t O C= O O L U Y 3.=_ ov 3 E U ❑_ zo �i E° E c i c o O o L a E 42 C y 0. P E r N O a c O 0 Y E y y H U •= R O U L • U N U« O a Y 7 O t L L 7 D y U C o L E? a y t c tL > " > o E L C U ..' 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V. 0 E z N G N O '�' p G� Z N v •u C 4 U U_ V R' O- N .r A p Jr ]I Y rn O V- Lt1 N v _ Q ¢� > ti>0. ti O .n s N i� C 4E _O• O 4. 33 O> N �. cd 0 3 m p B., _. r_a Neighborhood _ems I G o»z < AGENDA REQUEST Amend 33.108 Compensation Page 1 of 6 FOR: COUNCIL MEETING OF MARCH 19, 2013 FROM: PAUL BECKER, FINANCE DIRECTOR and KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §33.108 Compensation Relating To The Planning Commissioners APPROVED FOR AGENDA: Finance Director Date 0� 3-6-r3 City Attorne Date l� U eDepartmental Correspondence KANSA TO: Mayor Jordan City Council FROM: Kit Williams, City Attorney DATE: March 6, 2013 RE: Planning Commissioner Compensation C. 1 Am e Page of 11d 33. OS Cq�pensation , Kit Williams City Allorney Jason R. Kelley Assistant City Attorney Pursuant to the Resolution that the City Council passed unanimously on March 5, 2013, I have prepared an ordinance to amend the Fayetteville Code which had stated that the "members of the Planning Commission shall serve without compensation." To effectuate your Resolution, my proposed amendment would state that the Planning Commissioners shall be compensated at a monthly rate of $375.00. C. 1 Amend 33.108 Compensation Page 3 of 6 ORDINANCE NO. AN ORDINANCE TO AMEND §33.108 COMPENSATION RELATING TO THE PLANNING COMMISSIONERS AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fayetteville City Council passed a Resolution on March 5, 2013 requesting that Planning Commissioners be compensated in the amount of $375.00 monthly and requesting that the Administration prepare the necessary documents for this to be accomplished. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.108 Compensation of the Fayetteville Code by repealing it and enacting a replacement §33.108 at follows: "§33.108 Compensation The members of the Planning Commission shall be compensated in the amount of $375.00 for their service." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in order to pay this compensation. PASSED and APPROVED this 19th day of March, 2013. APPROVED: Un LIONELD JORDAN, Mayor 0 ATTEST: SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: City Planning I Request Date 2013 Department: Development Services BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Pay for planning commissioners beginning in March, 2013. Division Head /J/Date l " /e � ` V _ _ 2 '/-0 Zf dget Date Department Director Date CL- _— d'2013 Date } Date Date 3/5/2013 Prepared By: Reference: C.1 V12.0724 AdjbVRMfNumber Fell, Barbara Budget & Research Use Only Type: A B C E P General Ledger Date Posted to General Ledger Initial Rafe Checked / Verified _ Initial Date TOTAL BUDGET ADJUSTMENT 36,850 36.850 Increase/(Decrease) Account Name Account Number **ADD**Salaries and wages 1010.6305.5100.06 **ADD**FICA taxes 1010.6305.5105.00 Use of fund balance 1010.0001.4999.99 Expense Revenue 33,750 3,100 36,850 Project.Sub Number - H:\Budget\Budget Adjustments\2013_Budget\Barbara\Planning Commissioner Pay 1 of 1 C. 1 Amend 33.108 Compensation Page 5 of 6 FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION State law reference(s)--Municipal planning commissions generally, A.C.A., §15-56-401 et seq. 33.106 Composition The Planning Commission ("commission") shall consist of nine members, all of who shall be citizens of Fayetteville, and at least two-thirds of whom shall not hold any municipal office or appointment. No two members of the commission ("commissioners") shall be related by blood or marriage in the third degree, nor shall any two commissioners have direct financial involvement. All commissioners must disclose annually all real estate holdings in Fayetteville and the Fayetteville planning area, and any business or financial interest which could affect, or be affected by, decisions of the commission. All commissioners shall have a demonstrated interest, experience, or expertise in land use planning. 33.110 Appointment Procedures When vacancies on the Planning Commission occur because of resignation or term expiration, the city shall follow the following procedure: (A) The Rules of Order and Procedure, Fayetteville City Council, Revised and Adopted March 4, 2003, Section H, Citizens committees, as may be amended from time to time, shall be incorporated and made a part hereof as if set forth word for word. (B) The application form for appointment to city boards, commissions, and committees, as may be amended from time to time, is herein incorporated and made a part of this ordinance. Applicants shall describe their philosophy and approach to land use planning issues as they impact the City of Fayetteville. (Code 1965, §2-81; Ord. No, 956, 9-12-49; Ord. No. 3872, §1, 2-21-95; Code 1991. §33.106) (C) Applicants shall disclose all real estate holdings in Fayetteville and the Fayetteville planning area, State law reference(s)--Appointment of members, and any business or financial interest which could A.C.A. §14-56-405. affect, or be affected by, decisions of the Planning Commission. 33.107 Terms Of Members Each commissioner, unless appointed to fill an (Ord. No. 3872, §2, 2-21-95; Code 1991, §33.110) unexpired term, shall be appointed to serve a term of three years. Such terms shall be staggered, with r State law references) --Appointment of members, A.C.A. §14-56 three commissioners being appointed each year. All terms shall begin on April 1. 33.111 Removal of Planning (Code 1965, §2-82; Ord. No. 1126, 3-25-57; Ord. No, 2404, Commissioners 12-6-77: Ord. No. 3872 1, 2-21-95: Code 1991, §33.107) By a vote of two-thirds of the City Council, any Planning Commissioner may be removed from the 33.108 Compensation office for cause. Cause shall include, but not be The members of the Planning Commission shall serve limited to, the following: without compensation. (A) Chronic discourteous behavior to other (Code 1965, §2-83; Ord. No, 956, 9-12A9; Code 1991, commissioners, staff, or members of the public. §33.108: Ord. No. 4892, 06-20-06; Ord. 5295, 12-15-09) (B) Ongoing lack of familiarity with staff -prepared State law references) --Compensation of members, material. A.C.A.§15-56-409, (C) Planning Commissioners must attend at least 33.109 Powers And Duties 60% of Agenda setting sessions and tours unless The Planning Commission shall have such powers that commissioner is currently on the Subdivision and duties as are now or hereafter prescribed or Committee. If job requirements do not permit, a granted by state statute. member to attend agenda meetings or tours prior to 5:00 P.M., the meetings and tours will be (Code 1965, §2-84; Ord. No. 956, 9-12-49; Code 1991, scheduled for after normal working hours or such §33.109) member shall be excused from the requirements of attending the agenda meetings and tours. State law references) --Powers and duties of commission, A.C.A. §14-56-412. (D) Planning Commissioners shall serve on the Subdivision Committee for one-third of their / Y l t 1 �, r CD33:14 C. 1 Amend 33.108 Compensation Page 6 of 6 RESOLUTION NO. A RESOLUTION TO REQUEST THE ADMINISTRATION TO RESUME PAYING MONTHLY COMPENSATION TO THE FAYETTEVILLE PLANNING COMMISSIONERS WHEREAS, the Fayetteville Planning Commission has the most legal authority and impact upon the planning and development of the City of Fayetteville of any appointed city committee; and WHEREAS, the Fayetteville Planning Commissioners meet twice a month for their agenda session and tours and twice a month for Planning Commission meetings, and serve on the subdivision committee and ad hoc planning committees; and WHEREAS, the Planning Commission conducts public hearings to decide Conditional Use Permits, Large Scale Developments, Preliminary Plats, Variance requests and other Planning issues and to make recommendations to the City Council for Rezonings and Annexations; and WHEREAS, because of their very important positions and the extreme demands on their time to properly perform their positions as Planning Commissioners, the City Council had previously determined they should be compensated at a monthly rate of $375.00 which had to be ended when the Great Recession lowered the City's revenues in 2009; and WHEREAS, the City revenues have now recovered enough to renew compensating the Planning Commissioners. 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 hereby requests that the Administration resume paying monthly compensation to the Planning Commissioners and bring whatever budget adjustment or other document which might be necessary to accomplish this to the City Council for its final decision. PASSED and APPROVED this 51h day of March, 2013. APPROVED: 0 LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Quin Thompson Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only Planning Division t+cuon C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 1 of 54 Development Services Department properties located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate several existing "blanket" easements in the Cost of this request Account Number Project Number Category / Project Budget Funds Used to Date Remaining Balance Program Category / Project Name Program / Project Category Name Fund Name Budgeted Item Budget Adjustment Attached (� a.o loti, Previous Ordinance or Resolution # Departm�ent/Or ctor Dale City Attome Date -P� a _ 3-t-ut3 Finance and Internal Services Director Date 3 / i3 Date 3�� Date Comments, _ 1. ! Pf A 4 o � 77[l IrII DiY , Original Contract Date: Original Contract Number: Received in Ci�y�-� -� Clerk's Office Received in Et Mayor's Office r%S Revised January 15, 2009 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 2 of 54 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: February 13, 2013 Subject: VAC 12-4203 (Halsell Road Sewe Easements) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate several "blanket" easements along Halsell Road, Oliver Avenue and Maple Street. BACKGROUND The subject properties are located on Halsell Road, Oliver Avenue and Maple Street. There are a total of 11 separate parcels that are impacted by "blanket" water and sewer easements that were obtained by the City of Fayetteville in the 1950's. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easements can be replaced with a standard 20 foot easement centered on the existing sewer line. The City of Fayetteville, on behalf of multiple property owners, is requesting to vacate the existing blanket easements shown on the attached maps and replace them with a standard 20 foot utility easement. Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. Each of the impacted property owners were required to sign and return application forms agreeing to the vacation. Staff sent two separate letters to the owners; however, only seven (7) owners responded. The remaining blanket easements will remain in place unless signed authorization is received before the vacation is reviewed by the City Council on March 19, 2013. The remaining property owners may apply for a vacation at any time in the future. DISCUSSION On February 25, 2013 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 3 of 54 ORDINANCE NO. AN ORDINANCE APPROVING VAC 12-4203 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR SEVERAL BLANKET EASEMENTS ALONG HALSELL ROAD, MAPLE STREET AND OLIVER AVENUE. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following Conditions of Approval and shall not be in effect until the condition is met. 1. The vacation shall not be valid until a 20 foot water and sewer easement has been dedicated by the property owner. Each property owner is responsible for completing this task independently. PASSED and APPROVED this day of 12013 APPROVED: ATTEST: Lo IN LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 5 of 54 EXHIBIT "B" VAC 12-4203 765-14493-000 420 N. OLIVER AVENUE (EARL ALLEN) BOOK 489 PAGE 15 PART OF THE NW/4 NEA SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT 209 FEET WEST AND 416.5 FEET SOUTH OF THE NE/C OF SAID 40-ACRE TRACT, RUNNING THENCE SOUTH 153.5; THENCE WEST 190 FEET; THENCE 153.5 NORTH; THENCE EAST 190 FEET TO THE PLACE OF BEGINNING. 765-14501-000 1623 W. MAPLE STREET (JACQUELINE WILLIAMS) BOOK 489 PAGE 16 PART OF THE NW/4 NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT WHICH IS 296 FEET EAST OF THE N W/C OF SAID 10-ACRE TRACT AND RUNNING THENCE SOUTH 330 FEET; THENCE EAST 100 FEET; THENCE NORTH 330 FEET; THENCE WEST 100 FEET TO THE PLACE OF BEGINNING, CONTAINING .76 ACRES MORE OR LESS. 765-14472-000 410 N. OLIVER AVENUE (JOHN LATOUR) BOOK 489 PAGE 17 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESC. AS BEGINNING AT A POINT WHICH IS 209 FEET WEST AND 570 FEET SOUTH OF THE NE/C OF SAID 40 ACRE TRACT, AND RUNNING THENCE SOUTH 90 FEET; THENCE WEST 190 FEET; THENCE NORTH 90 FEET; THENCE EAST 190 FEET TO THE PLACE OF BEGINNING. C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 6 of 54 EXHIBIT "B" VAC 12-4203 765-14505-000 1641 W. HALSELL ROAD (WILLIAM ORTON) BOOK 489 PAGE 18 COMMENCING AT A POINT WHICH IS 264 FEET EAST AND 330 FEET NORTH OF THE SW/C OF THE NW/4 NE/4 SEC. 17-16N-30W, THENCE RUNNING NORTH 330 FEET; THEN WEST 264 FEET; THENCE SOUTH 330 FEET; THENCE EAST 264 FEET TO THE PLACE OF BEGINNING, EXCEPT A ROAD OR STREET ON THE NORTHERN SIDE, CONTAINING 2 ACRES, MORE OR LESS. 765-14504-000 1663 W. HALSELL ROAD (LISA ORTON) BOOK 489 PAGE 18 COMMENCING AT A POINT WHICH IS 264 FEET EAST AND 330 FEET NORTH OF THE SW/C OF THE NW/4 NEA SEC. 17-16N-30W, THENCE RUNNING NORTH 330 FEET; THEN WEST 264 FEET; THENCE SOUTH 330 FEET; THENCE EAST 264 FEET TO THE PLACE OF BEGINNING, EXCEPT A ROAD OR STREET ON THE NORTHERN SIDE, CONTAINING 2 ACRES, MORE OR LESS. 765-14490-000 1647 W. MAPLE STREET (LARRY & JUDITH LANINGHAM) BOOK 489 PAGE 20 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 196 FEET EAST OF THE NW/C OF SAID 40 ACRE TRACT, AND RUNNING THENCE EAST 100 FEET; THENCE SOUTH 330 FEET; THENCE WEST 100 FEET; THENCE NORTH 330 FEET TO THE PLACE OF BEGINNING, CONTAINING .76 OF AN ACRE. C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 7 of 54 EXHIBIT "B" VAC 12-4203 765-14494-000 426 OLIVER AVENUE (SEAN & KIMBERLY VOLLENDORF) BOOK 489 PAGE 21 PART OF THE NW/4 NE/4 SEC. 17-16N-30W DESCRIBED AS FOLLOWS; BEGINNING 209 FEET WEST AND 316.5 FEET SOUTH OF NE/C OF SAID 40-ACRE TRACT, THENCE RUNNING SOUTH 100 FEET; THENCE WEST 190 FEET; THENCE NORTH 100 FEET; THENCE EAST 190 FEET TO PLACE OF BEGINNING. 765-14486-000 1660 W. MARKHAM ROAD (ROGER & KATHRYN WIDDER) BOOK 489 PAGE 22 PART OF THE NW/4 NE/4 SEC. 17-16N-30W DESCRIBED AS FOLLOWS: BEGINNING 20 FEET EAST OF SW/C OF SAID 40-ACRE TRACT, THENCE RUNNING EAST 90 FEET; THENCE NORTH 330 FEET; THENCE WEST 110 FEET; THENCE SOUTH 210 FEET; THENCE EAST 20 FEET; THENCE SOUTH 120 FEET TO THE PLACE OF BEGINNING. 765-14482-000 (1666 W. HALSELL ROAD) 765-14482-001 (UNDEVELOPED) 765-14480-000 (1624 W. HALSELL ROAD) BOOK 489 PAGE 24 PART OF THE NW/4 NE/4 SEC. 17-16N-30W, DESCRIBED AS BEGINNING AT A POINT WHICH IS 330 FEET SOUTH OF NW/C OF SAID 40-ACRE TRACT, AND RUNNING THENCE EAST 396 FEET; THENCE SOUTH 300 FEET; THENCE WEST 396 FEET; THENCE NORTH 330 FEET TO THE POINT OF BEGINNING, CONTAINING 2.98 ACRES, MORE OR LESS. T e evi le ARKANSAS C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 8 of 54 PC Meeting of February 25, 2013 1 HE C11 Y Of' FAYETTEVILLE. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone. (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: r' , 2043 Updated February 28, 2013 VAC 12-4203: Vacation (HALSELL ROAD SEWER EASEMENTS, 482): Submitted by PLANNING STAFF for properties located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate several existing "blanket" easements in the neighborhood. Planner: Jesse Fulcher Findings: Property Description and Background: The subject properties are located on Halsell Road, Oliver Avenue and Maple Street. There are a total of 11 separate parcels that are impacted by "blanket" water and sewer easements that were obtained by the City of Fayetteville in the 1950's. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easements can be replaced with a standard 20 foot easement centered on the existing sewer line. Request The City of Fayetteville, on behalf of multiple property owners, is requesting to vacate the existing blanket easements shown on the attached maps and replace them with a standard 20 foot utility easement. Notification: Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation, pursuant to State law and City ordinance. Each of the impacted property owners were required to sign and return application forms agreeing to the vacation. Staff sent two separate letters to the owners; however, only seven (7) owners responded. The remaining blanket easements will remain in place unless signed authorization is received before the vacation is reviewed by the City Council on March 19, 2013. The remaining property owners may apply for a vacation at any time in the future. C:\ETCOevelopment Services Review\20130evelopment Review\12-4203 VAC Halsell blanket easements/Planning Commission\2- 25-13 PC forwarded\Comments and Redlines CITY OF FAYETTEVILLE: Water/Sewer C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 9 of 54 No Objection. A 20 foot easement shall be dedicated over the existing utility lines. Public Comment: Staff has spoken with many of the property owner and neighbors in this area. No one has objected to the vacation. Recommendation: Staff recommends forwarding VAC 12-4203 to the City Council with a recommendation for approval subject to the following condition: 1. A new 20 foot water and sewer shall be dedicated to the City of Fayetteville before this approval is valid. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Q Forwarded ❑ Denied ❑ Tabled Date: February 25, 2013 Motion: Cook Second: Hoskins Vote: 9-0-0 Notes: G:\ETC\Development Services Review\2013\Development Review\]2-4203 VAC Halsell blanket easements/Planning Commission\2- 25-13 PC forwarded\Comments and Redlines C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 10 of 54 UTILITY APPROVAL FORM FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: [�i�oi!)��t��/�31• % `//) // ,y/ ' 3 /� UTILITY COMPANY: APPLICANTNAME: _ _ APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): f Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") rs (ATTACHlegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. K No objections to the vacation(s) described above, provided following described easements are retained. 1 (State the location, dimensions, and purpose below.) /1 1 4i0,A,'1 ,2/) r / "I SE..-Y�:_.y C.''JaYrrr.,� ,r 1:.�z1•'J: �r SYr-1 r': Ci•res 7s No objections provided the following conditions are met: S g ature of Utility t d;npany Representative Title August 2012 February 25, 2013 page S Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 3 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 11 of 54 FOR STAFF USE ONLY Flit+'—.C200=00 Date Application Submitted, Sign-Fee'o- '00 Date Accepted as Completer S-T-R: Case/Appeal Number: PPII: Public Hearing Date.: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request - Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: q Applicant _Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: ( 479 ) 575-8267 Email: jfulcher@oi.fayetteville.ar.us Fax: (479 ) 575-8202 Name: Address: Phone:( ) Email: Fax: Site Address / Location: 1647 & 1623 Maple: 426, 420 & 410 Oliver: 1641. 1663, 1624 & 1666 Halsell' 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached CutrentZoningDistrict: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000, 765-14501-000 765-I4472-000, 765-14505-000, 765-14529-000 765-14490-000 765-14494-000.765-14486� 765-14482-000,765-14482-001.765_14480-009 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): 1�59� �J�e1 �2T Date: I 1 113, 1 a August 2012 February 25, 2013 Page 1 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 4 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 12 of 54 PROPERTYOWNER(S) /AUTHORIZED AGP'NT. I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. I si nled hp the a thuri ed agent, a letter 'ran each fwotwi! , owner, «+«m be nrurirled inetkarin8 that the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name(priuled): StA-J V���E�UOIZt Signalure: Date: Name (prWrd): ]`1.1 , ��ii� Il41t�,d, j 7 Date: Address: -1 .2 (� N• V �+Lt-A �'7r-E Phone: ( `f75 ) ---4 3 -r7 5 y Address: i ,�b V • D 4i*l 70/ Phone: ( 4 7,1 ) •',Z>3' j -'Yb � 9 August 2012 February25, 2013 Page 1 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 5 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 426 N. Oliver Property address: 426 N. Oliver Lot: Block: REQUESTED VACATION: Subdivision: Fayetteville outlots C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 13 of 54 I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NEA Sec. 17-16N-30W described as follows; Beginning 209 feet West and 316.5 feet South of NE/c of said 40-acre tract, thence running South 100 feet; thence West 190 feet; thence North 100 feet; thence East 190 feet to place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. 0 I do object to the requested vacation because: Project Name Scgn1 "9'�c " �� �� r:✓ wR N�uno of Property O vner (pr inled) J. Sign. t aal'1'roper Owner Aygwl 2012 February 25, 2013 Page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 6 of 48 hrhd A M C. 2 VAC 12-4203 (Halsell Sewer Easements) Pa 14 of 4 j1C1Y9t ]'.ii?F'.:uAyit�lr0','iv!.` 8008 'O£1y FAGS 21 I?N04? AFd iviN HY' T'r;FSE rRY;SRLITS: ' ' _lt'bot.._..-F"� y; _.... =�, haxo7:no �Or s„ of 3:antoi'u�ibr ant+ in ooric 2forco Ua Di" i1ii; p+ry'l3:it of Ono Holler and other valuable ooneidorationo to us in hand paid, do hereby Brant, Moll and oonVey to the City of Fo71ttav111e, a municipal0 '0bt Or %'Jaytand' Vlaahinyton county, Arkansas, Its yuocoo00ra one Geei Sno, Y a 0oomont to aona runt, mointaSn,.ldy, remove, re ley and a folln a ?error .lino and eppurtaaan000 thereto, on, ovoF, across and under the follnwind deanrlbe0 loads aituatp in Unahln'ton County, Arkansas, to Part Part of the',HW/4 NE/4 Sec. 17-1814-50W doec. ao follows: HeSinnlnd 209' ,'Nest and 31R-' South of NS/c of Data.40-Bore tract, thence running, South 1001; thence West 1901; tbenoo .,North 1001; thence East 190, to place of be,tlnnind. - .TO HAVE AND TO HOLD unto tho Ol ty of Fayottevlllo� its successors and asalbne, so long aG soon line ano//ov aDpurtonaneea thereto shall be maintainanr with in -rose to and q,reda rpm the promises for the Durp"Oae of Guns truo tin„ LnspeotLr„o ana,appurtenRno0, and the removal and renewal Of Belch lino at will, In whole or in pert. And I, .mtt4.ct�n6-oeid'•Tonnle Cate .for and In aOnal6oreclon Or ae� ihm of money paid 05 oOn8 era ion Or RHSM�e £oradoinS, do hereby roloeoo and relinquish unto the City of Fayetteville; afovusaid, all my rLJite of dower and homootead in and to the above doseflbad leads to trio extent of the rishte hereinebove Sported. All. covenants and saroemante herein oontalnod shall extend to and be bindlad upon the hel,•at exsoutoce, administrators, local reprosontativeo.and oseldne of the parties horoto.. IN WITNESS d•INFREOF me have .herountc. Got our hands this dap of ��r,,,-,,.•, AelrnouledsmonE STATE OF ARKANSAS ) COUNTY OF WASHINITON) BE IT RAlPNBERFD that on this day came before the undoralinod, a Notary Public, wi,yt(hyi�n�-��ary[fnd for the County aforesaid, duly corm aeivnaoil ntoredin thedforozF ni known a l an i a ed Mat they had exeouted the lama for the censldere tl.on en� liar ,Moo therein mentionod and set forth. F WXTRfillfo hand and seal ao such Notary Poblio this _y-Lday of .13,'f- . FILED FOR RECOR3 "�'`'`'7j Pyr1Ae�B�.$NINGTON COUNIV Agenda Item 2 Page 7 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 15 of 54 I••oR STArr USE: 0MLY Flili —Saoo lla Date Application Submitted: &gn--F�o Dale Accepted as Complete: .5-71R: Case /Append Mumbet:• PPII: Public hearing Date: 7.one: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application Indicate one contact person for this request: 4 Applicant Applicant (person making request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: (479 )575-8267 Email- j fulcher[aci.faycitevil Ic_ar.us Fax: (479 ) 575-8202 Representative Representative (engineer, surveyor, realtor, etc.): Address: Phone:( ) Email: Fax: Site Address / Location: 1647 & 1623 M_a !e 426 420 & 410 Olivet 1641 1663 1624 & ibG( lialscll: 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSFA Assessors Parcel Number(s) for subject property: 765-14493-0 00. 765-14501-000765-14472-000 765-14505-000, 765-14529-000,765-14490-000.76.5-14-t94-00 1105-1a_486-000.765-14482-000.765_14482-001 7A5-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): 1259� �J�e.�PT Date: I 1 113I 1 ;- August 2012 February 25, 2013 Page I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 8 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 16 of 54 PROPERTY OWNER(S)I/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. ! si ored by ilia authorized Mont, a lerler ti•our enrh property owner must be urovirlerl indicating the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): / Name(priated):T\6'C{�:1" /"J (,ll�i4.-11 • Signature:('w flute: _,e / Name (printed): X ,y 7 mam/,e � �nahne: �ii_''i Date:.^/„ Address: Phone: Address: Phone: ( ) "s9c�Y August2012 February 25, 2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 9 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 17 of 54 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1660 W. Markham Road Property address: 1660 W. Markham Road Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NWA NE/4 Sec. 17-16N-30W described as follows: Beginning 20 feet East of SW/c of said 40-acre tract, thence running East 90 feet; thence North 330 feet; thence West 110 feet; thence South 210 feet; thence East 20 feet; thence South 120 feet to the place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. Cl I do object to the requested vacation because: Project Name Name of Property Owner (printed) Signt`ur • of Property Owner February 25, 2MU'S12012 Planning Commission 8 VAC 12-4203 Halsell Road Agenda Item 2 Page 10 of 48 C. 2 VAC 12-4203 (Halsell -----12dad-SeweEasements) Page 18 of N nnn Nl gra �13,�,hF.:e�`g rNY NICK.$�I PdG£ CG KNOW ALL URN .BY TRESS PRESENTSr Tifo rho B�nfarr N, elLdder in a"nrar Ylladp•r W--, his aifs, hovoinnactor r vat d' la co'aldoVa and fn oonolaohan?oii oP do payw'on� of one D011ar and other valusbOI YoOf Ireyettcne to va in hand Dodd, do pion. Bgrant, Ce11 and y. 4rW to cha OILY of successors and la, a bt a rpal aorpWaytdad treahlouton County, ct, macs its suscaeedra and lay and a r"i of u" and and appo to Construct, mornon,n, ldy, remove, relay and oporeto a sswor line arat appurtanansoo thereto, on, sear, naroaa and undOF the foilOuing described Iend a altunto In Washington County, Arkanono, 7 to -wets Part of NW/4 NE/4 Soo. 19,-16N-301V does, ea follOwe: eellnnin„ 201 East of SVV/o of geld 40-acre tract, thence runninf East p0•; thence North no',' thence '.-lest 1101; thence South 21.01; thence East 201; thence South 120' to place of belinning.. ' CTE• it being expressly understood that the City, within 6 rO000neble shall taetore any area die turned. by facture maintenenoe to as no" as P0441ble the existing condition at the time of the AWturbanoo. Aldo that this Eaeoment is for Sanitary Sewer Name as Constructed b pa ttevillo Sewn XIEWTV� runts Nine PlPliy o�i+Ppee� $li=, oitah tio6;d8d�e and abaiSne, so lacy aS ouch line and/or appurtangncaa thopeto shall be maintained, with indaroes to and e„ress from the prOmdess for the purpnao of conatructin,;, Ihapeotin3, repalrin1, nbintainlnd and operattnj said link end.oppurtewsnoea, .and the removal and renewal of such line of will, in whole or in part* , And I,[(g,},;f , ar wife of the sold Ro.ter H. Wtddar for and in Cana eon o aum"af money paid me Conn t on or, th rnu forogoind�c, do hereby release and relinquish unto the City of payattav111a,•• eforeanid, all my.ri;hts of dower and homwstood in•and to the oboes described tondo to the oxtent of the rijhta heroinabuvo grantad. All oovenanto and 45roomento hareln contained shall extand to and be bindine upon two holm, oxeoutsrs, Adminlotrutora, leal reprosonta Liven and aosiSne of the portion horoto. IN WITNZSa 'UNERPDF no have hereunto Set our hands thin r!day of i9SE. . Acknowled::woot STATE OF ARKANSAS COUNTY or IVASIrIN7TON) BE IT RF.NEbMr.drD that on this day Come haters the undorot'neds o Notary Public, Within and for the County aforesaid, duly cowraosioned am aotind. to me well known Aa the drantora in the orego nd na roman an o to t they had oxcoute3 the came for the consideration sod purposes therein mentioned and act forth, WITNESS my hand and goal as ouch Notary ru in hlo ;day o4 i , Foy iC60 FILED FOR RECORD N t 1-" Cogmission expires WASNINGIGN f.OUNPI �l SLP5 1356r1� �.S_o..A7 e'i &'vNI Ili { •'J cul •L Apk�� fl AAll l�11 Z3 a" _. _ February 25 _2013. _ _ _ Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 11 of 48 CITY Or FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 19 of 54 MR STAFr VSE ONLY Aug $20"o Date Appliemion Submitted: Sign-/'w"45..00 Date Accepted as Complete: S-P R: Case /g)ipeal Number: PPtt: Public Thal ing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is fimnished. Application: Indicate one contact person for this request: 4 Applicant Applicant (person snaking request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Representative Representative (engineer, surveyor, realtor, etc.): Name: Address: Phone: (479 ) 575-8267 Phone: Email: jUcher(a,)ci.fayetteville.ar.us Email: Fax: (479 ) 575-8202 Fax: ( Site Address / Location: 1647 & 1623 Maple: 426 420 & 410 Oliver; 1641. 1663, 1624 & 1666 Halse,11: 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000, 765-I4501-000, 765-14472-000, 765-14505-000, 765-14529-000,765.14490-000,765-14494-000.765-14486-000,765-14482-000,765-14482-001.765-14480-OOQ APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, infra nation, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that he City might not approve what I am applying for, or might set conditions on approval. Name (printed): ,e-S`jQ_ �J�e�.�QT Date: I 1 13I) 2- August 2012 February 25, 2013 Page t Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 12 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 20 of 54 PROPERTYOWNER(S) /AUTHORIZED AGENT. I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its filing. I si nerl k tha nrellmri ed a unr a !e!!er rnu+ cock no nrr! omucrnurst Lc mewled inrlhafi+r • N+a! the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): ft V b qY-a f Ya 7 42 { t j% ):).ilGd.).)C{ L I1',2 Sigrtnture. (E. l , L ) ) Date: 1 r 3) 12013 Name (printed): Date: Address: Phone: ( ) Address: Phone: ( ) Augia! 2012 February 25, 2013 1,49e 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 13 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 21 of 54 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1624 W. Halsell Road (Two Parcels: 765-14482-001 & 765-14480-000) Property address: 1624 W. Halsell Road (Two Parcels: 765-14482-001 & 765-14480-000) Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NWA NEA Sec. 17-16N-30W, described as beginning at a point which is 330 feet South of NW/c of said 40-acre tract, and running thence East 396 feet; thence South 300 feet; thence West 396 feet; thence North 330 feet to the point of beginning, containing 2.98 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O 1 have been notified of the requested vacation and decline to continent. AI do not object to the vacation described above. O I do object to the requested vacation because: Project Name (34 LYOluo- 6Lpu* Pxt rym rr( F✓a I �)ij� Name of Property Owner (printed) fi�L "/a a. Frr�Cv Signature of Property Owner - August 2012 February 25, 2013 11age3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 14 of 48 Parcel No. 765-14482-001 Parcel No. 765-14480-000 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 22 of 54 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Barbara Fraleigh, formerly Barbara McCluskey, a single person, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: (Deed Book 1410 at Page 331 and Deed Ref. 92-55656) Part of the Northwest Quarter (NW'/) of the Northeast Quarter (NEY.) of Section Seventeen (17), Township Sixteen (16) North, Range Thirty (30) West of the Fifth Principal Meridian, being more particularly described as follows, to -wit: Beginning at a point that is 330.0 feet South and 226.0 feet East of the Northwest (NW) corner of said forty (40) acre tract and running thence East 70 feet, thence South 310 feet, thence West 70 feet, thence North 310 feet, to the point of beginning. /.1ZIIll Part of the Northwest Quarter (NW'/) of the Northeast Quarter (NE'/.) of Section Seventeen (17) in Township Sixteen (16) North of Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point 330 feet South and 296 reel East of the Northwest Corner (NW/C) of said 40-acre tract, and running thence South 330 feet, thence East 100 feet, thence North 300 feet, thence West 100 feet to the point of beginning. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 24. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of \) 201 �. 3 Barbara Frateigh, uary 25, 2013 formerly Barbara McClusk anning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 15 of 48 WATER/SEW ER EASEMENT Page 2 of 2 `���,` CiitZ\SSfOfI npff ACKNOWLEDGMENT rn� � NOThgr STATE OF ARKANSAS } 'Z. 0 \•�1 p�3Lf0 ss. C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 23 of 54 COUNTY OFF= MN� �e%�pCa°; ',A" BE BE IT REMEMBERED, that on this date, before the undersigned, a duly comlQ% acting Notary Public within and for said County and State, personally appeared Barbara Fraleigh, formerly 86rhara McCluskey, a single person, to me well known as the person who executed the foregoing document, and who slated and, acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. t WITNESS my hard and seal on this day of MY COMMISSION EXPIRES: February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 16 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 25 of 54 CITY OF FAYETTEVILLL, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY hh`K S2UU_00 Date Application Submitted. —BigN-Fnrr-t:S.BA-- Date Accepted as Complete: S-7-R- Case /Appeal Number: PPII: Public Hearing Date: Zone: Please fill out this forty completely, supplying all necessary information and documentation to support your request. Your application will not be placer/ on the Planning Commission agenda until this information & furnished. Application: Indicate one contact person for this request: 4 Applicant Applicant (person making request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: (479 ) 575-8267 Email: jfulcher@ci.fayetteville.ar.us Fax:(479 )575-8202 Representative Representative (engineer, surveyor, realtor, etc.): Name: Address: Email: Site Address / Location: 1647 & 1623 Maole; 426, 420 & 410 Oliver; 1641. 1663, 1624 & 1666 Halsell: 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000, 765-14501-000, 765-14472-000, 765-14505-000 765-14529-000.765-144)-000,765-14494-000 765-14486-000 765-14482-000,765-14482-001,765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, infonnation, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions oryopproval. Datc: August 2011 February 25, 2013 Page l Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 18 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 26 of 54 PROPERTY OWNERS)/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (II'signed by rite nathnri-ed agent it hater tram each pronertr owner oast be nra vidud indicafing that the agent u• authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name ` t t.C-- Name Date: Phone: ( ) Address' Phone: August 2012 February25, 2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 19 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 27 of 54 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 11/13/2012 Address / location of vacation:]623 W. Maple Street Property addres. • 1623 W. Maple Street J Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NW/4 NE/4 Sec. 17-16N-30W, described as beginning at a point which is 296 feet East of the NW/c of said 10-acre tract and running thence South 330 feet; thence East 100 feet; thence North 330 feet; thence West 100 feet to the place of beginning, containing .76 acres more or less. ADJACENT PROPERTY OWNERS COMMENTS: O , I have been notified of the requested vacation and decline to comment. li I do not object to the vacation described above. O 1 do object to the requested vacation because: August 2012 February25, 2013 page g Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 20 of 48 Parcel No. 765-14501-000 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 28 of 54 WATERISEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Jacqueline A. Williams, Executrix of the Estate of Carl L. Williams, M.D., deceased, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: (Deed Ref. 2012-00030116 and 99-082137) Part of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section Seventeen (17) in Township Sixteen (16) North of Range Thirty (30) West, more particularly described as beginning at a point which is two hundred ninety six (296) feet East of the Northwest corner of said ten acre tract, and running, thence South three hundred thirty (330) feet; thence East one hundred (100) feet; thence North three hundred thirty (330) feet; thence West one hundred (100) feet to the Point of Beginning, containing seventy six hundredth (0.76) of an acre, more or less. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 16. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of .2012. Jacqueline A. Williams Executrix of the Estate of Carl L. Williams, M.D. deceased February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 21 of 48 WATERISEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS as. COUNTY OF WASHINGTON C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 29 of 54 BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Jacqueline A. Williams, Executrix of the Estate of Carl L. Williams, M.D„ deceased, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said instrument for the consideratlon, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2012. MY COMMISSION EXPIRES: Notary Public February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 22 of 48 if.]LA_iviLo GI':'�p! Pa)otW �,tl5n,+3,tu Guy o, i C 2 rspri •-c n� 1.: ' ec ✓ � Ly-r rc!% n}p:uin..�co�?;Elisrai,u alipi:). L4 LaS:ti;cln�3 Atri :au r ; wi '-C.,'P-lv>:ti -i �i_ J,. f n..-. uu lirt:i-Lf�(1 l,rrHL. hB'kdriL9U� a�la'frt9 iC+J of 3) '13��7st R?i�! or ' .it L-y17 ttai�n.Uii W Sa,j).1YL t -` .da -m _ .'�r.n•T�'Puu)1ne &.Lewis .>i� Fv1ie':�uC �'es �..1r?=W. A;.YavAb CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 31 of 54 rOR STAFF USE• ONLY klifi S�QO 00 Date Application Submitted: $ign J ec:-S3.00 Date Accepted as Cbrnideie: S-'l-R: Case lAppeaiNmnher PIV: Public Ifeuriug Date: 7.one: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: q Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: City of Fayetteville (Jesse Fulcher) Name: Address: 125 W. Mountain Street Phone: ( 479 ) 575-8267 Email: jfulcher@ci.fayetteville.ar.us Fax: (479 ) 575-8202 Address: Phone: ( ) Email: Fax: ( ) Site Address / Location: 1647 & 1623 Mimic 426,420 & 410 Oliver; ] 60.1. 1663, 1624 & 1666 Halsell: 1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSFA Assessors Parcel Number(s) for subject property: 765-14493-000, 765-14501-000, 765-14472-000, 765-I4505-000, 765-14529-000,765-14490-000.765-14.494-000.765-14486-000,765-14492-000765-14492-001 765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed):.�e-sy— �J�e,�2T Date: I 1 I I'S 112- August 2012 February 25, 2013 Page I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 24 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 32 of 54 PROPERTYOWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (!/'sinner! by the nql&w;i;m�etiti, a letter Irma each tu•rrncrty nwacr mast be nruvidcr! irutica(iatt that the agent is authorized to act on his/her behalf.) Owners (atracis additional info ifnrcessak )� t:z�-1�erH si. Name (printed): Signature: ...L Date: -6 I Z-k-%, i9W Name (printed) Signature: Date: ¢ r� Address: I12 w- C'��T`�'t -ej�e.56D 1ro�atTEv s11a + D IZ 7a001 Phone: (ylM ). - 3'f33 0.C-.e) Address: ►I 2 t,µ. ee-fT'Or 5T Ere 660 Fay eTr•e , I t er A P, '7;7o) Phone: (14 W) " 3 - -X August 2012 February 25, 2013 page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 25 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 33 of 54 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/312012 Address / location of vacation: 410 N. Oliver Avenue ^t operty address: 410 N. Oliver Avenue Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Part of the NW/4 NE/4 Sec. 17-16N-30W, dese. as beginning at a point which is 209 feet West and 570 feet South of the NE/c of said 40 acre tract, and running thence South 90 feet; thence West 190 feet; thence North 90 feet; thence East 190 feet to the place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. W I do not object to the vacation described above. O I do object to the requested vacation because: Projcct Namc Name of ProDelty Owner FA Property Owner HERB xa�s February 25. 201yu t 0t3 Planning CommissioPage n VAC 12-4203 Halsell Road Agenda Item 2 Page 26 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 34 of 54 Parcel No. 765-14472-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT John S. LaTour, a seprson, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Book 1212 at Page 194) Part of the Northwest Quarter (NW'/<) of the Northeast Quarter (NE'/) of Section Seventeen (17), Township Sixteen (16) North, Range Thirty (30) West, described as beginning at a point which Is South 89 degrees 31 minutes 09 seconds West 209 feet and South 0 degrees 30 minutes 41 seconds West 570 feet from the Northeast corner of said 40 acre tract; thence South 0 degrees 30 minutes 41 seconds West 102.37 feet to an existing iron pipe; thence North 89 degrees 31 minutes 16 seconds West 190 feel; thence North 0 degrees 30 minutes 41 seconds East 99.18 feet; thence North 89 degrees 31 minutes 09 seconds East 190 feel to the point of beginning, being situated in the City of Fayetteville, Arkansas. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 17. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 5 * day of 2012. (spou ] February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 27 of 48 WATERISEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 35 of 54 BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared John S. LaTour and .- o- . , to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this T�— day of Dtc 4r1$E(t 2012. MY COMMISSION EXPIRES: STNN tiWGEAS 611 2bZU =r�':'•�:= MY COMMISSION M 12378287 S•[��%.,'= EXPIRES: U613f, 2020 a„A '=�?k,;�'�• wnshingtanCnunry Notary Public February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 28 of 48 U M n C. 2 VAC 12-4203 (Halsell —. Road Sewer asements) Pa_ge36 of 5 4 ns,..._, ou 489 PATE 17 are:? A'i '.WA 21 THESE rIVSFVT3; 'a'P.a" tls ulS'o, tr.r3inuScar atyloo, yyan C•oi'a :or and in 0(;nHUL Pia :.qll o: o is<'•y�++att of One Dollar and Othor vnluoblo aonotdevationo to us Sr, bsnd paid, du horoby Avant, Boll and oonvoy to the City of FOWIttavilla, u, avnlci?al aonpOratIO", Nashin,4ton County, Arkansas Its oucoasoors and 80016nu, a r.-ut of Tray cud oaooment to oonetruot, maintain, lay, ronmvo, rainy end oporatu a acwua 11"u) and apportonencaa theroto, on, Ovor, across and under UP follovi n,S dar+urtbcd lands situato In Waphi%ton County, Arkansas, to -wits pert of the 10/4 HE/4 Sea. 17-16N-308 does, as be�irming at a point which Is 2091 West and 570T South of the NE/s of :aid 40 Tore treat, and runn3n3 thence South 90';,thsnae West 1901, thence North 904; thonoe East 190, to the place of bajihning. TO HAVE AND TO HOLD Unto the City of Fayetteville, its nuocoaeore andasslna. so . citbsl3 ingresetoand o reaoan suqb l and/orne fromthepromises for EheappuvtonancGs hshallereto purpose ofaonatruotin,-;be ,tla and andtheremooalabtldnrehavtll otnsuth Sine at will,slndwhollee ordinppart. terlae ,, B' vife of the said E. J. Bell And I, O adre/Ba1L— -s for and in con. arre ono oaf?( oT money paid es oonei�ra ElonZ'oT• CEc'�� forogoind, do hereby relonee and relinquish unto the City of FOyottevllle,- aforaonid, allmyri hts of donor and hoMetead in and to the aboro described lands to the extent of the ri,;hto herelnabovo granted. All covenants and adreomonto herein contained shall extend to and be binding upon the hairs, executor*, adminlstretore, legal reprosentative: and ausi,lns of the partioe hereto. IN WITNII93 71HFBEOF ne have hereunto set our hands this 20 day of`February_a 19:8r Anknovlod�aant STATE OF A5KANSA3 ) Og1NTf OF wAslaw'ITO)o MIT REMIABARVO that on this day came befOre th4 under" med, a Hotally SaPublic, within and for the County afoveneld, duly oontmloeloned ens aotin�t to mo wall known as the grantors in the ioroe5ind _ npenyryOln B s aterTSat they had executed the acme for the oonsldevation and ppuvppu7lp, therein mentioned and set forth. SlFT',:f.:n5 6%g•i4^sfd and flosI as such Notary Public thL O day of FOhru 7•r,!-'<'; _ ' FILED FOH UCCN0 „ �oleKd,6b±mi'Apl7ctt 0SHINOIOP CJUNIY � AY , n. 4•�.]LRi .. VAC 12-4203 Halsell Road Agenda Item 2 Page 29 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 37 of 54 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley FOR STAFF USE ONLY 7Wk. S200.00 Date Application Submitted: Sign Fiv; 9-i,00 Date Accepted as Complete: S-7'. R: Case /Appeal Number: PP/I.- Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: 4 Applicant Applicant (person making request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: ( 479 ) 575-8267 Email: jfulcherco,ci.fayetteville.ar.us Fax: (479 ) 575-8202 Representative Representative (engineer, surveyor, realtor, etc.): Name: Address: Phone: Email: Fax: Site Address / Location: 1647 & 1623 Maple: 426,-420 & 410 Oliver;-1641,_ 1663. 16.24 & 1666 Halscll• 1660 Markham _ -... --- --- Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSP-4-4 Assessors Parcel Number(s) for subject property: 765-14493-000, 765-14501-000y765-14472-000 765-14505-000, 765-14529.000,765-1.1490-000.765-14494-000.765-14486-000,765-14482-000,765-14482-001,_765-14480-000 APPLICANTIREPRESENTAME: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): , 1QS`JQ_.-J J Date: 11 113I I February 25, 2AP" r 2012 Planning CommissJ'$e t VAC 12-4203 Halsell Road Agenda Item 2 Page 30 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 38 of 54 PROPERTY OWNER(S)/AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (!f-t'irnerl by the anrhocizer! nAcnr. « teller li•um ur+rh nrnNertr nwrur+u+rsr,hu �ruvirled Lnliexrtiat'rhat the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): Signature: Date: { i Name (primal): l-1 r`.ctl ti �� )'V'`c'tl Sign;durc:��•i.S�l V�1�,)�C!U--r`: Data: Address: Address: ��: {' 2l (x �Ir1 l+r•c i1 l�r� r �ir.,(•E�t�.,tl�� I�l u.l�p\r-,rr`7 Phone: (kA J() AuKusr 2012 February 25, 201 s page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 31 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 39 of 54 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1663 Halsell Road Property address: 1663 Halsell Road Lot: Block: Subdivision: Fayetteville outlets REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Commencing at a point which is 264 feet East and 330 feet North of the SW/c of the NW/4 NE/4 Sec. 17-16N-30W, thence running North 330 feet; then west 264 feet; thence South 330 feet; thence East 264 feet to the place of beginning, except a road or street on the northern side, containing 2 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to continent. AI do not object to the vacation described above. O I do object to the requested vacation because: Project Name L 1 Nf me of Property Owner (printed) 1iigkrauur of Property owner February 25, 201 st 2012 Planning Commissio age 3 VAC 12-4203 Halsell Road Agenda Item 2 Page 32 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 40 of 54 Parcel No. 765-14504-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: r' "T Lisa Marion Orton, hereinafter called GRANTOR, for and in c of the sum of One Dollar ($1.00) and other good and valuable con:,,uuiation, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge arr:, , operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington. State of Arkansas, to -wit: ' DESCRIPTION: (Deed Ref. 2012-00014743) Part of the South Half of the Northwest Quarter of the Northeast Quarter of Section Seventeen (17) Township Sixteen (16) North, of Range Thirty (30) West, described as follows: Beginning at a point which Is One Hundred Thirty-two (132) feet East and Three Hundred Thirty (330) feel North of the Southwest corner of said twenty acre tract, and running thence North Three Hundred Thirty (330) feet; thence West One Hundred Thirty-two (132) feet; thence South Three Hundred Thirty (330) feet, thence East One Hundred Thirty-two (132) feet to the place of beginning, containing one (1) acre, more or less, except the road or street on the North side thereof. Subject to covenants, easements and rights of way, if any. Subject to ail prior mineral reservations and oil and gas leases. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 18. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of ,oil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in :nd agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the TT / day of �� A ✓� 2013 �sa Marion rt n W N (spouse] February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 33 of 48 WATERISEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 41 of 54 BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lisa Marion Orton and to me well known as the person(s) who executed the foregoing document, and who stated and acknowledge that sheltlley had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 3 -_. day of A _, 201a 90 MY COMMISSION EXPIRES: `_ ,` _A nn nry .J�IIW o 1�tth o� d6l(o Notary Public TANDi L. TAYLOR Washington County Notary Public -Arkansas My Commisison Expires: Aug. 2, 2018 February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 34 of 48 31;13Cti U11R liASPinGG!! gnu4Lyy PAfF ACl ° KHOO AM fni eY TIMS Pit"rNT's; Thot we .wna R•p �eA?ioW;JR and �'naRw�at'ac• a11—iv n IAG wifo, barolnoli�-or �a'yy Aa'%Lnnn'Eo'ra; for and in oona'Trfdi�aE i'ri'oi`> o piymcri4 of One Dollar and other valncUlo cmisidapotlone to us in hand paid, do hereby grant, ee11 and convoy to the City of Fayottovillo, a municipal corporation, uaeninsteln County, Arlcanons, its successor* and osatdna, a rl ht of Pay And oasodent to construct, maintain, 14iy, remove, relay and oporate o n000r line and appurtenances thoroto, on, over, across and under tra folloolns described lands aitusto in raahirL;ton County, Arkansas, to -Pit: 0 enoing"At a point which is 264' Heat and 330' North of the SWO of the AN NE/4 Sao. 17-1611-30V7,, thence running North 3301; thence Viest 2641; thence South 330'; thence HA•st 264' to the place of beginning, eiwept a road or street on the northern side, oontalnins 2 acres, more or less„ TO HAVF. AND TO HOLD unto,the City of Feyottevllls, Ito ouaceasoro And essi.fna, so long so such line end/or appnrtonnnoss thereto aho11 be mndntuknod, Pith lndress to end e,reds from the prondooe for cho parpo*b of sons Erse tin„ 3nspeotLn,�, repairinS, maintaining and oporntin6 ef•1d fir@ and-0RPurtasanae6, and the removal and renewal of such lino at w111, in whole or In part. "MA 1P R. DRTON IL6'!AM R. 0(17arr, Joe And I d , nlfa of the said for and - cons e:'e an oY. eoi .. of money paid eo cone ore on o' tor3dotn$, do hereby release and relinquish -unto the city of paysttoville afopooeId, all my rijhts of dower and hom.Vtoad in Ind to the obovo dosorfbod lands to the extent of the rishta horeinnbova granted. All oovananta and agreements herein 0ontainod shall extend to and be bindind u8on the heirs, oxooutors.' administrators, In°el representatives and ,enaljna of the parties hareto, '1, IH IVITNE53 1'7HHHEOF UP have hereunto sot oar hands this V day of; ,- are,. Aerm *nledsmont fITATH OF ARKANSAe ) CODNTY OF WARI(IN;TON) HH 1T RF71,Zi®pAN that on this day came before thei undera"c ad, asNo e _1 1.0' vlthiri 4?id far thn County eforeaald, duly comwtsalonod Intl ootin Y %JI'�K �I; he well known as the comerantoyefor In thu d0ratig and pu po400 thereln•mnntlonod andhad os4 forth the soma for the ooaeLdarution C!ITNF.S� n Undd and ceol as such 77otary Public this of FILEO SCR QC .._.._.,..-----. sy aorseis5i,7,d> cxpirsa 11yn$MIiO!i f QC nRi;.R$AF •- 0.•- ti Kpz; 1956 n r./J rn,;,- C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 42 (f 54 �� l J L L l J Febwary 25, 2013 FwRrm_7 VAC 12-4203 Halsell Road Agenda Item 2 Page 35 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 43 of 54 FOR STAFF USE ONLY 4GFw-- ^,0.-DO Date Application Submitted: sign-Feu:S5.00 Date Accepted as Complete: S-TR: Case /Appeal Number: PPII: Public hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: 4 Applicant Applicant (person making request): Name: City of Fayetteville (Jesse Fulcher) Address: 125 W. Mountain Street Phone: ( 479 ) 575-8267 Email: jfulchm@ci.fayetteville.ar.us Fax: (479 ) 575-8202 Representative Representative (engineer, surveyor, realtor, etc.): Name: Address: Phone: Fax: Site Address / Location: 1647 & 1623 ipl_e;i426, 420 & 410 Oliver: I641 1663, 1624 & 1666 1-lalsellt_1660 Markham Legal description of area to be vacated (attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000, 765-14501-000, 765-14472-000, 765-14505-000, 765-14529-000, 765-14490-000, 765-14494-000. 765-14486-000, 765-14482-000, 765-14482-001. 765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions �o�nap—proval. Name (printed):-les-w--SJ`e,v k Date: 1)I13�Ia August 2011 February 25, 2013 poge, t Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 36 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 44 of 54 PROPERTY OWNER(S)/AUTHORIZED AGENT Uwe certify under penalty of perjury that I am/we are the owners) of the property that is the subject of this application and that 1/we have read this application and consent to its filing. / si nerl bye anihw•ized uxent, a letter frnur each nroner•h, ou,urr nerrst be provided iudirnrine that the anent is authorized to act on his/her behalf) Owners (attach additional info if necessary): Name (printed): Signature: Date: 1 /22/13 Name (printed): W; LL�� U�^-Gnw, 1�1. Signature:�rb% ). u. Date: } 1 Address: Phone: ( ) Address: Phone: ( } Augus12012 February25, 2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 37 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 45 of 54 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address / location of vacation: 1641 W. Halsell Rd. Property address: 1641 W. Halsell Rd. Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Commencing at a point which is 264 feet East and 330 feet North of the SW/c of the NW/4 NE/4 Sec. 17-16N-30W, thence running North 330 feet; then west 264 feet; thence South 330 feet; thence East 264 feet to the place of beginning, except a road or street on the northern side, containing 2 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. VI do not object to the vacation described above. O I do object to the requested vacation because: Project Name ■ Name of Property Owner / prirllvd) yO Signature of Propertyllwner August 2072 February25, 2013 Ptge 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 38 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 46 of 54 Parcel No. 765-14505-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT William R. Orton, III, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, Stale of Arkansas, to -wit: PROPERTY DESCRIPTION; (Deed Ref. 2012-00014744) Part of the South Half of the Northwest Quarter of the Northeast Quarter of Section Seventeen (17) Township Sixteen (16) North, of Range Thirty (30) West, described as follows: Beginning at a point which is One Hundred Thirty-two (132) feet East and Three Hundred Thirty (330) feel North of the Southwest corner of said twenty acre [fact, and running thence North Three Hundred Thirty (330) feel; thence East One Hundred Thirty-two (132) feet; thence South Three Hundred Thirty (330) feel, thence West One Hundred Thirty-two (132) feet to the place of beginning, containing one (1) acre, more or less, except the road or street on the North side thereof. Subject to covenants, easements and rights or way, if any. Subject to all prior mineral reservations and oil and gas leases. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 18. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed Flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the J- day of aeeeMa6 , 2012. Pl .ate-� Orton,Willitrni R. [spouse] February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 39 of 48 WATER/SEWER EASEMENT Page 2 of 2 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 47 of 54 ACKNOWLEDGMENT TANDI L. TAYLOR Washington County STATE OF ARKANSAS ) Notary Public -Arkansas ss. My Commisieon Expires: Aug. 2, 2016 COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared William R. Orton, III and to me well known as the person(s) who executed the foregoing document, and who slated and acknowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this /Q day of I)e l plmb� , 2012. MYCOMMISSIONEXPIRES: Notary Public February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 40 of 48 'STlEYt;1 2y'.[NP LASP.N2N9' MM 489 AME Ytl KNOW ALL NMI BY THESE PRIiSFAUS2 _ That Ito AN Q. O"tiFo99; 14Y MrodmoN (t•a91FAA1 no, R and ,5ouizv-Nr-3adon bit aifa, hero nbY' 0r ntyYuH :-an Ord, lvnr and In oonardoAiMl WW psy'moni of One Dollar and other valoablo considerations to us in hens ppaid, do hereby ,want, cell and convey to the Oi Ey of Payotteville, a Mnicippol corporation. tashlnaton County, Arkanoaa, Its aLaa9esora and coolant, a rl ht of way and oasoment to construct, maintain, luy, romovop relay and oDorata a eager lino and appurtonancas thoroto, on, Orer, across and under ttra f011caind described I altuatt in Wasgir iton County, Arkensoo, to -nit: Commencing it a point which 1s .2641 East and 3301 North of the 6N/c of the NW/4 NS/4 Sec. 14-16N-36%:, thence running North 3301; thence Neat 2841; thence South 3301; thence East 2641 to the plane of beeinning, eieept a road or street oh the northern side, oontalnin3 2 at rea, more or leas.. TO HAVE AND TO HOLD unto the 01ty of Fayottevillo, Its auaeaseora And aaat•lna, am long at scab line and/or appurtenanaaa thoreto ahe11 tie malntainsdr Pith 103res5 to and eare9a from the premise, for tho purpose of oonotrzctli,d, Snapootinj, rapolrlmf, LfalntAtninli and oporatind dcld lira) and.eppurtecancoo, end the romoval and renenapi of s„ab line at will, in whole or In part. T°/Y, J And I, ,hA ID R• OqT°M wits Of the said �6L/AA9 �' � R far and ip cane era •San o ea cum of money psld so Aena el'a eR ar t S fovdgoind, do hereby valence and relinqulDh'unto the City Of PayettOVille aforsaal.d, all my rj_ihta of 46%mr and huedotosd in and to the abOVO dosaribad lends to the extent of the rlyhta heroine➢eve granted. All covenants and adreements heroin oontnlned she" extend to and bo binding upon the halm, Oxaoutore; admtnistraturep local VePfeaentativ04 and assl,ins of the parties horeto. 1•1 IN WITNYS3 INUNPAF no have hereunto set our hands this ?f ddy -AML0 •,', 298N,. j- Aef[newlafl.ino:,t STATE OF ARNANSAS ) _ COUNTY OF WASNINiTON) or IT RFW,,(BPAEC that on this day aono before the undoral� p•nod, a Hobart t 110, ultbin Ord far the County aforo"id, duly ooatalasloned Aiag ®a tin , ((__ P���� to ma we 11 Unto, am the drentora In thu rbfl st3 ""Yny'iruman• a, s£a`taV-filet they hod executed the acme for tha oopsidoratlan and purpodos thcrela manticndd and aot•forth. r SlITiMSB,uJy-hsdd and zeal as such Notary Public thin day of _�a1@83• ,':j•!, KILED FOR BECOR __„_•„4,,,.... 6�y col=Atiss3prt, axPl rea ;typ$RIfrSIOY ccuir. nAttA;ISA _ h=:T•m'g _ SEPS 1956 , y� C. 2 VAC 12-4203 (Halsell - _ Road Sewer Easements) Page 48 of 5k Ck� I M VAC 12-4203 Halsell Road Agenda Item 2 Page 41 of 48 C. 2 EXAMPL.�° VAC 12-4203 (Halsell Road Sewer Easements) Page 49 of 54 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE December 3, 2012 Roger & Kathryn Widder 1660 W. Markham Road Fayetteville, AR 72701 Re: 1660 W. Markham Road — water and sewer easement Mr. & Mrs. Widder, This letter is in regards to a water and sewer easement located across your property at 1660 W. Markham Road. A property owner on Halsell Road brought to our attention a large easement across their property that was obtained by the City of Fayetteville in the 1950's. During our research it was discovered that there are in fact 11 separate properties in this area that are impacted, and the casements cover the entire property (blanket easement). Because of the limitations imposed by a utility easement, we feel that the easements should be reduced to only what is necessary to allow continued service and maintenance of the existing utility lines. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easement could be replaced with a standard 20 foot easement centered on the existing sewer line. The process to vacate a utility easement is set by Arkansas state law and requires that the affected property owner agree to the vacation. Attached is a vacation application and property owner notification form. If you would like the City to replace the existing blanket easement that impacts your entire property with a standard 20 foot easement that impacts only the area where the utility line is located, then please sign the second page of the application and mark the "I do not object" box on the notification form. The attached water and sewer easement document must also be signed, but a notary needs to be present at the time. The City has several notaries on staff that can be available at a time that is convenient for you. The vacation request will be presented to the Planning Commission and City Council. However, the exact date of the meetings won't be determined until we've made contact with each of the affected property owners. We will contact each owner again once these dates have been set. This is somewhat unique situation, so please don't hesitate to contact me if you have any questions or concerns. Thank you for taking time to review this information. Sincerely, Jesse Fulcher Current Planner City of Fayetteville cc: Jeremy Pate, Development Services Director David Jurgens, Utilities Director February Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 42 of 48 C. 2 EX^MP1 ti + VAC 12-4203 (Halsell Road Sewer Easements) L �,.Z•n-.y-, *Aage 50 of 54 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE January 18, 2013 Roger & Kathryn Widder 1660 W. Markham Road Fayetteville, AR 72701 Re: 1660 W. Markham Road — water and sewer easement Mr. & Mrs. Widder, This is a follow-up to my letter dated December 3, 2012 concerning the blanket water and sewer easement on your property. In the last month I've spoken with several of your neighbors on Halsell, Oliver and Maple that are also impacted by this blanket easement. I informed them that the City would process the vacation applications for those that returned signed applications and notification forms. To date I've received four signed applications. In order to keep moving forward towards a resolution for the impacted properties, staff will be presenting these four vacation requests to the Planning Commission on February 25, 2013 and the City Council on March 19, 2013. If you would like to be a part of this joint request then we must receive the signed vacation application and notification form no later than February 6, 2013. You can always submit your signed documents at a later date, either individually or with another group of property owners. There is no obligation for any property owner who returns the signed application to attend the public meetings. However, you are welcome to attend and speak at both meetings. Staff is attempting to correct this situation and limit the amount of time that the property owners have to devote to the matter. Plcase don't hesitate to contact me if you have any questions or concerns. Thank you for taking time to review this information. Sincerely, Jesse Fulcher Current Planner City of Fayetteville cc: Jeremy Pate, Development Services Director David Jurgens, Utilities Director e ruary Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 43 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) 0 200 400 800 Feet A 1 1 r N February 25, 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 44 of 48 C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 52 of 54 VAC12-4203 HALSELL RD SEWER EASEMENTS Close Up View r � RSF4 CPZD Legend p4qr,,, - - Multi -Use Trail (Existing) •••••• Future Trails �! VAC12-4203 ' Footprints 2010 _ Hillside -Hilltop C Design Overlay Design Overlay ------ Planning Area District a Aq iit F-1 o 150 300 soo 900 1.200 F hruafy 25, 2013 Feet p nning Commission Agenda Item 2 Page 46 of 48 P C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 53 of 54 VAC12-4203 HALSELL RD SEWER EASEMENTS One Agile View Nil VAOF0 lw� Jil- .................I ...... ....00 rMI-W mom SUBJECT PROPERTY Overview Legend ��`•7 Subject Property OVAC 12-0205 eeundary 0 0.25 0.5 1 Al geery 25, 2013 running commiss VAC 12-4203 Hals Agenda Item 2 Page 47 of 48 Fp C. 2 VAC 12-4203 (Halsell Road Sewer Easements) Page 54 of 54 City of Fayetteville Staff Review Form C. 3 First Community Bank of Crawford City Council Agenda Items County Cost Share Agreement and Page 1 of 10 Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only Chris Brown Engineering Development Services Submitted By Division Department Action Required: Approval of a cost -share and bid waiver in the amount of $64,000.00, with First Community Bank of Crawford County for the milling and paving of the streets within the Sunbridge Villas Development and a budget adjustment acknowledging the receipt of $64,000 from letters of credit. $ 64,000.00 Cost of this request 4470.9470.5809.00 Account Number 02116 Project Number Budgeted Item $ 432,293.31 Category / Project Budget Funds Used to Date $ 432,293.31 Remaining Balance Budget Adjustment Attached �x Date ,21 ar /3 Date pQ.li,,iy.._ z-?,S-ZO Finance and Internal) Services Director Date Chief of S Date I 33 Ma or ate Street, ROW, Int. Cost Sharing Program Category / Project Name Street Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 0 2-2 3 —1 3 A 1 0: 11 R CV D Clerk's Office Received in Mayor's Office Revised January 15, 2009 CITY COUNCIL AGENDA MEMO THE CITY To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: Chris Brown, City Engineer C� Date: February 15, 2013 Subject: Approval of a cost -share and bid waiver in the amount of $64,000.00, with First Community Bank of Crawford County for the milling and paving of the streets within the Sunbridge Villas Development and a budget adjustment acknowledging the receipt of $64,000 from letters of credit. City Administration recommends approval of an ordinance for a cost -share and bid waiver in the amount of $64,000.00 with First Community Bank of Crawford County for the milling and paving of the streets within the Sunbridge Villas Development and a budget adjustment acknowledging the receipt of $64,000 from letters of credit. Sunbridge Villas Subdivision is located north of Sunbridge Drive, just west of College Avenue. In 1970, the subject property was developed as the Villa Mobile home park. The park included 141 mobile home lots and one lot for a community laundry and playground area. All streets within the development were private asphalt paved streets with curb and gutter. A minimum amount of storm sewer was installed at that time. In 2006, the City Council approved the R-PZD for Sunbridge Villas. Sunbridge Villas is a residential subdivision with 138 lots and one community space area. This development utilized the existing street infrastructure to provide access to the lots. The storm sewer, public water and public sanitary sewer lines were all replaced or expanded to meet current code requirements and the time of development. Street lights, sidewalks and an asphalt overlay of all the private streets were required with the PZD. The developer submitted two letters of credit for a total of $64,000 for the asphalt overlay of the streets. On August 21, 2012, the Fayetteville City Council passed a resolution to accept the dedication of street right-of- way and maintenance responsibility for the streets within the Sunbridge Villas development upon completion of the required milling and overlay of the streets. At this time, the First Community Bank of Crawford County has hired a contractor to perform the milling and paving of the streets within the development to bring them up to City standards. The City has called the two letters of credit that were submitted for the guarantee and has received the $64,000 from the two banks involved. The current cost of the work required is significantly more than the original guaranteed amount. First Community Bank of Crawford will be paying for the additional expense above the $64,000 covered by the letters of credit. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 C. 3 Firc} Cnmmunity Rank of Cray.hord County Cost Share Agreement Bank's Share $ 66,752.00Page 3 of 10 City's Share $ 64,000.00 Total $130,752.00 BUDGETIMPACT A budget adjustment is required to acknowledge the receipt of the $64,000 from the letters of credit and to place the funds in the Street, ROW, and Intersection Cost Sharing account. The payment to First Community Bank of Crawford will be made from this account. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 C. 3 First Community Bank of Crawford County Cost Share Agreement Page 4 of 10 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A $64,000.00 COST -SHARE AGREEMENT WITH FIRST COMMUNITY BANK OF CRAWFORD COUNTY FOR THE MILLING AND PAVING OF STREETS WITHIN THE SUNBRIDGE VILLAS DEVELOPMENT, AND APPROVING A BUDGET ADJUSTMENT OF $64,000.00 RECOGNIZING REVENUE FROM LETTERS OF CREDIT WHEREAS, the City Council adopted a resolution accepting the dedication of street right-of-way and maintenance responsibility for previously private streets within the Sunbridge Villas development, upon completion of required milling and overlay of the said streets; and WHEREAS, two (2) letters of credit totaling $64,000.00 posted by the previous owner and developer to guarantee street improvements required as part of an R-PZD approved in 2006 were called by the City as the required improvements had not been completed; and WHEREAS, First Community Bank of Crawford County is now owner of the development and desires to enter into a cost -share agreement with the City to complete street improvements whereby the City's only financial obligation would be to contribute the $64,000.00 obtained through the letters of credit, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a $64,000.00 cost -share agreement with First Community Bank of Crawford County (marked as Exhibit "A" attached hereto and made a part hereof) for the milling and paving of streets within the Sunbridge Villas development. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit `B", recognizing revenue from letters of credit. PASSED and APPROVED this 5`h day of March, 2013. APPROVED: By: LIONELD JORDAN, Mayor II IL11MIS M C. 3 First Community Bank of Crawford County Cost Share Agreement Page 5 of 10 SONDRA E. SMITH, City Clerk/Treasurer C. 3 First Community Bank of Crawford County Cost Share Agreement Page 6 of 10 CONTRACTUAL AGREEMENT This Agreement, made and entered into this by and between the City of Fayetteville, Arkansas and First Community Bank of Crawford County, Witnesseth: WHEREAS, First Community Bank of Crawford County, has hired a contractor to mill and pave the existing streets within the Sunbridge Villas Development; and WHEREAS, the former developers of this development submitted two letters of credit for $32,000 each with the City of Fayetteville to guarantee the paving of these streets; and WHEREAS, First Community Bank of Crawford County will be paying the additional costs involved in this paving contract; and in order for the City of Fayetteville to pay First Community Bank of Crawford County the $64,000 from the letters of credit, a cost share agreement must be entered between First Community Bank of Crawford County and the City of Fayetteville NOW, THEREFORE, the City of Fayetteville and First Community Bank of Crawford Coupagree as follows: Upon the City Council and/or the Mayor approving the street paving Cost -Share, the City of Fayetteville agrees to: A. Pay for $64,000 of the construction costs for the milling and paving of the streets within the Sunbridge Villas development. B. Make all efforts to provide payment to First Community Bank of Crawford Co un within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. First Community Bank of Crawford County LP agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable pavement construction. B. Provide a copy of the invoice(s) from the Contractor and a completed lien waiver executed by the Contractor upon acceptance of the pavement installation. C. Not proceed with the proposed construction unless/until the proposed contractual agreement is approved by the City Council and/or the Mayor. It is further understood that the contract for construction is between First Community Bank of Crawford County and his Contractor and that the City has no C. 3 First Community Bank of Crawford County Cost Share Agreement Page 7 of 10 contractual obligation with the Contractor. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $64,000.00 for the street milling and paving. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE in LIONELD JORDAN, Mayor Attest: First Community Bank of Crawford County By: �t ea " �� City of Fayetteville, Arkansas Budget Adjustment Form C. 3 First Community BAVIMMord Budget Year I Division: Engineering 2013 I Department: Development Services BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Request Date 2/26/2013 Number This BA is to recognize revenue for the approval of a cost -share and bid waiver in the amount of $64,000, with First Community Bank of Crawford County for the milling and paving of the streets within the Sunbridge Villas Development. 'vision Head Date 9 Budget Director Date Departen Irec or OL.7k<?�I L Date Z-19-2b1� Date 3-/- /� - Date 3/ ate Prepared By: TandiTaylor ttaylor Reference: Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 64,000 64,000 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Miscellaneous 4470.9470.5900.00 64,000 02116 Miscellaneous revenue 4470.0947.4999.00 64,000 02116 K:\TandilBudget AdjustmentsM13 Budget Adjustments113-02-26 Sunbridge Villas Cost share 1 of 1 Requisition o.: Date: C. 3 City Of Fayetteville - Purchase Order (P 0) Request 212612018irst Community Bank of Crawford (Not a Purchase Order) Number: xpec ele Agleeineilk All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related: {Cafl x256 tivlth;4destiorls) Page 9 of 10 AM PO Request shall be scanned to the:Purchasing e-maiY Purchasing@ci.fayetfaville.ar tis Vendor#: Vendoo Name: :. Mail 23009 First Community Bank of Crawford County Yes:_ No:_ Address: Fob Point: Taxable Quotes Attached Yes:_ No: Yes:_ No:_ City: State: Zip Code: Ship to code: Divison Head Approval: PUR' Requester. Requester's Employee :#: Extension: Tandi Taylor 3062 8206 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory# Fixed Asset # 1 Cost share -First Community $64;000.00 4470.9470,56091ft- 02116s / Bank of Crawford O 2 for the milling and paving of $0.00 the streets within the 3 Sunbridge Villas $0.00 Development - 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: Subtotal: $64,000.00 Tax: Total: $64,000.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Kehsea vvzuus C. 3 First Community Bank of Crawford County Cost Share Agreement Page 10 of 10 City of Fayetteville Staff Review Form Sarah Wrede l/p Submitted By City Council Agenda Items and Contracts, Leases or Agreements 3/19/2013 City Council Meeting Date Agenda Items Only C. 4 U.S. Geological Survey Agreement Page 1 of 6 Engineering Development Services Division Department Action Required: A Contract with the U.S. Geological Survey in the amount of $21,528.00 for the operation and maintenance of 3 rainfall -runoff stations located at Niokaska Creek at Township, College Branch at Highway 62, and Town Branch Tributary at Highway 16 in the City of Fayetteville for the 2013 calendar year. $ 21,528.00 Cost of this request 4470.9470.5817.00 Account Number 02097 Project Number Budgeted Item 77-1 228,499.99 Stormwater Duality Mgmt/Nutrient Reduct Category / Project Budget $ 53,576.86 Funds Used to Date $ 174,923.13 Remaining Balance Budget Adjustment Attached Date 3-�_ (,:;, Date +a-L I 0. . [�� 3 - y - 2613 Finance and Internal Services Director Date 34-�l— Date Date Program Category / Project Name Bridge & Drainage Improvements Program / Project Category Name Sales Tax Capital Improvement Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in E8r Mayor's Office �S Revised January 15, 2009 N RKAN CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff �p Jeremy Pate, Development Services Director�l` Chris Brown, City Engineer From: Sarah Wrede, Staff Engineer 5MO Date: March 1, 2013 C. 4 U.S. Geological Survey Agreement Page 2 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of March 19, 2013 Subject: Approval to continue a joint funding agreement with the USGS for $21,528 (City's share) for the operation and maintenance of three urban stream gauging stations in Fayetteville for the year 2013. PROPOSAL: Since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey (USGS) for three urban stream gauging stations. This agreement consists of a cost -share for maintenance and data collection for rainfall and runoff recording stations located at: Niokaska Creek at Township (in Gulley Park) College Branch at State Highway 62 Town Branch Tributary at State Highway 16 (in Walker Park) The attached agreement is for the 2013 calendar year, and requires payment of $21,528 by the City and $5,802 by the USGS. The USGS collects rainfall and runoff data at these three sites, and provides this information to the City. In addition to providing urban rainfall and streamflow data for future drainage studies, these gauges also provide valuable information for the EPA Phase 2 NPDES stormwater monitoring requirements. RECOMMENDATION: Staff recommends approval of the joint funding agreement for 2013. BUDGET IMPACT: Funding in the amount of $21,528 is available in the Stormwater Quality Management and Nutrient Reduction Plan Budget. This contract will be paid from those funds. C. 4 U.S. Geological Survey Agreement Page 3 of 6 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY (U.S. DEPARTMENT OF THE INTERIOR) IN THE AMOUNT OF $21,528.00 FOR THE OPERATION AND MAINTENANCE OF THREE (3) URBAN STREAM GUAGING STATIONS IN THE CITY FOR CALENDAR YEAR 2013 WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey (U.S. Department of the Interior) for the operation and maintenance of three urban stream gauging stations to record data concerning rainfall and runoff at Niokaska Creek in Gulley Park, College Branch at State Highway 62 and Town Branch Tributary in Walker Park; and WHEREAS, the information obtained provides urban rainfall and streamflow data for future drainage studies as well as provides information for the City's EPA Phase 2 NPDES stormwater monitoring requirements; and WHEREAS, the cost of the agreement to the City for 2013 now exceeds $20,000.00 and would otherwise require competitive bidding unless the requirement is waived. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves an agreement (marked as Exhibit "A" attached hereto and made a part hereof] between the City and the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2013. PASSED and APPROVED this I9`h day of March, 2013. C. 4 U.S. Geological Survey Agreement Page 4 of 6 By: LIONELD JORDAN, Mayor ATTEST: Un SONDRA E. SMITH, City Clerk/Treasurer C. 4 U.S. Geological Survey Agreement Page 5 of 6 Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer N: AR026 GEOLOGICAL SURVEY Agreement a: 13E4AR026AR0270 Project g: JOINT FUNDING AGREEMENT TIN x: 71-6018462 Fixed Cost YES FOR Water Resources Investigations THIS AGREEMENT is entered into as of the, 27th day of February, 2013 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF FAYETTEVILLE, party of the second 1• The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation operation and maintenance of 3 rainfall -runoff stations located at Town Branch at Business Route 62, Town Branch Tributary at Highway 16, and Mud Creek at Township Street in the City of Fayetteville herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50: and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of (a) by the party of the first part during the period Amount Date to Date $5,802.00 January 1, 2013 December 31, 2013 (b) by the party of the second part during the period Amount Date to Date $21,528.00 January 1, 2013 December 31,2013 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. S. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. A.- _ Page 1 of 2 C. 4 U.S. Geological Survey Agreement Page 6 of 6 JOINT FUNDING AGREEMENT (CONTINUATION) Customer Number Agreement Number Project Number AR026 13E4AR026AR0270 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. B. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9• USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered annually. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983). U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR USGS POINT OF CONTACT Name: David A. Freiwald, Director Name: Address: USGS Arkansas Water Science Center Address: Telephone: (501) 228-3618 Telephone: Email: freiwald@usgs.gov Email: SIGNATURE AND DATE (// Signature: \ Signature: Date: Z) 3 Date: Name: David A. Freiwald Name: Title: Director, USGS AR Water Science Center Title: CITY OF FAYETTEVILLE CUSTOMER POINT OF CONTACT Lioneld Jordan, Mayor City of Fayetteville (479)575-8330 mayor@ci.fayetteville.ar.us SIGNATURE AND DATE Lioneld Jordan Mayor, City of Fayetteville Page 2 of 2 Kristina Jones Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3-11A City Council Meeting Date Agenda Items Only Division I LIVII C. 5 ADM 13-4331 Local Foods Ordinance Review Page 1 of 8 Sustainability & Strategic Planning Department promote residents' ability to grow and sell plant and animal based food products and provide greater food N/A NIA N/A Cost of this request Category / Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A NIA NIA Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached &U= Previous Ordinance or Resolution # Departinent it clor D e Original Contrail Date: Original Contract Number: City Attorney Date 4La Pam, Q,w_ 3- t-zo► Finance and Internal Services Director Date Received in City Clerk's Office J12t- A, 3 -13 Chief of Staff Date F1, rp Received in '(]� xk. ?— Mayor's Office May1fr Date Revised January 15, 2009 C. 5 ADM 13-4331 Local Foods Ordinance Review Page 2 of 8 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Peter Nierengarten, Sustainability & Strategic Planning Director From: Kristin Jones, Sustainability & Strategic Planning Project Designer and Coordinator Date: March 1, 2013 Subject: ADM 13-4331 Local Foods Ordinance Review PURPOSE Mayor Lioneld Jordan is sponsoring a resolution requesting City Council support for his request to have city staff examine the Unified Development Code and recommend amendments for City Council consideration that will make it easier for residents to grow and sell plant and animal based food products. This item has Alderman Matthew Petty's endorsement. BACKGROUND Along with timber resources and wild game, the grasslands of this region initially attracted settlers to Washington County who grew wheat, oats, corn, hay, strawberries, beans, tomatoes, tobacco, and eventually apples and other fruit crops, as well as chickens, pigs, oxen and dairy cattle. This began to change however, starting with Great Depression of the 1930s and the subsequent decline in rural population, coupled with the advent of modem -day conveniences and rising land costs. Today much of the agricultural tradition that sustained families in this area in the past has disappeared. However, the last few decades have seen a rebirth of interest in locally produced foods and products. A local foods movement strives to build a locally based, sustainable food economy where production, processing and distribution are integrated with an emphasis on social health benefits and environmentally sustainable local food crops and products. Additionally, supporting a strong local foods system is essential to addressing the issues of hunger and nutrition. When an individual or family can easily grow food, more residents have access to affordable, high -quality nutrition. Nationally, one in six Americans is fighting hunger; in Fayetteville, the statistic is one in four, and Arkansas leads the nation with 19% of our population who are "food insecure," lacking consistent access to enough food for active healthy living. Feeding America has determined that 15% of Washington County's residents are food insecure, and according to the Arkansas Department of Human Services, Washington County also has the second highest SNAP (food stamp) enrollment rate in Arkansas. And these problems appear to be increasing. A 2009 study by the Arkansas Hunger Relief Alliance shows that the number of people in Northwest Arkansas served weekly by the Northwest Arkansas Food Bank rose from 6,200 in 2005 to 25,900 in 2009 - - a 318% increase in families receiving food assistance in only four years. Recent activity and interest in the realm of local foods has been demonstrated by local organizations, programs, and initiatives including the following: C. 5 ADM 13-4331 Local Foods Ordinance Review THE CITY OF FAYETTg®92L1,0h§KAN5A5 • Apple Seeds Inc., established in 2007, provides outreach and programs that help students and their families establish sustainable, lifelong, healthy eating habits. • SNAP -Ed, a program administered through the Washington County Extension Service in partnership with Arkansas DHS and the U of A, is focused on educating food stamp recipients and low income families about healthy diet and exercise choices. • The Fayetteville Community Garden Coalition was founded in 2009. Fayetteville currently boasts 20 community and school gardens and urban farms. • Fayetteville Public Schools (FPS) educational gardens at ten schools demonstrate a local commitment to food and agriculture knowledge from the ground up. FPS is also currently introducing students to local foods and agriculture through their newly formed Farm to School program, with emphasis on local food procurement and healthy food education. • Feed Fayetteville, formed in 2011, is an organization committed to alleviating hunger and cultivating a sustainable food network through strategic partnerships and making connections between organizations working on opposite ends of food issues to extend their reach and amplify their effectiveness. • University of Arkansas Community Design Center was awarded $15,000 in seed money in 2012 from the American Institute of Arkansas to begin developing "Fayetteville: 2030 Food City Scenario," a plan for "healthy and safe food systems at a local scale ... to build agrarian urbanism, where everything is designed around food production and how people live." The plan is one response to Fayetteville's increasing population, subsequent sprawl and the strain it places on the land, as well as a disconnect from food sources and a need for access to nutritious, sustainable food. In the fall of 2009 Alderman Matthew Petty requested that the City begin looking at Fayetteville's capacity for growing food in publicly owned open space. He met with the Sustainability Department in the spring of 2011, and staff began researching local foods movements in other cities and how city governments can have effective involvement. In October 2012, Feed Fayetteville solicited a community food survey including a question soliciting suggestions for Mayor Jordan about how to improve Fayetteville's community food system, urban agriculture, and access to fresh food. The following are the most frequent comments that the Sustainability and Strategic Planning Department felt could be evaluated through City policy: • use leftover space, such as in parks and excess rights -of -way, to plant food bearing vegetation; • establish more community gardens and expand the animals and fowl ordinance; • modify the zoning code to ease restrictions on farming and selling produce in town; • provide and/or expand food composting services; and • secure more partnerships with and support for local organizations and non -profits. Through a second survey, the Fayetteville Forward Local Foods group ranked these priorities, the top three being: 1) Unified Development Code review and modification; 2) expanded ability to sell food onsite where grown; and 3) review of the Animals and Fowl ordinance for possible expansion. Mayor Jordan has requested that staff assemble a group of stakeholders to review these priorities. Staff will meet with a small group consisting of farmers, agricultural law students, and food security professionals to study Fayetteville's Unified Development Code and recommend amendments that will promote residents' ability to grow and sell locally produced plant and animal based food products. BUDGETIMPACT None. C. 5 ADM 13-4331 Local Foods Ordinance Review Page 4 of 8 RESOLUTION NO. A RESOLUTION TO REQUEST CITY STAFF REVIEW THE UNIFIED DEVELOPMENT CODE AND PREPARE AMENDMENTS TO ALLOW RESIDENTS TO RAISE FARM ANIMALS AND SELL CROPS, ANIMALS AND ANIMAL PRODUCTS IN NON -AGRICULTURALLY ZONED AREAS TO PROVIDE GREATER FOOD SECURITY FOR FAYETTEVILLE RESIDENTS WHEREAS, 15% of Washington County's population is food insecure, which means lacking consistent access to enough food for active healthy living, and Arkansas ranks number nine in the nation in child food insecurity at 28%, while only 0.1 % of Arkansas's food is sold in state directly to consumers; and WHEREAS, expanding access to healthy food, reducing hunger, and encouraging healthier diets are of critical importance to our community's health and the reduction of our food insecurity rate; and WHEREAS, a sustainable local food system requires community support for buying local and promoting sustainable agriculture, and working together through partnerships is important and necessary to reach the goal of a strong and sustainable local food system; and WHEREAS, the many recent community programs and initiatives including Fayetteville Public Schools Farm to School program, the Fayetteville Community Garden Coalition, the creation of the Nation's first SNAP garden and the success of and demand for more Fayetteville Farmers' Market locations from citizens and farmers alike, all illustrate Fayetteville's support for local agriculture; and WHEREAS, the Fayetteville Forward Local Food Group and Feed Fayetteville conducted community surveys gathering information on food priorities for Fayetteville; and WHEREAS, the Unified Development Code should be studied to possibly authorize residents to practice animal husbandry and to sell crops, animals and animal products in non - agriculturally zoned areas. 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 hereby recognizes that a robust local food system will provide accessible, affordable nutrition for our citizens and economic stability for our community, and hereby requests the Sustainability and Strategic Planning Division work with local stakeholders to study Fayetteville's Unified Development Code and recommend changes that will promote citizens' ability to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. C. 5 ADM 13-4331 Local Foods Ordinance Review Page 5 of 8 PASSED and APPROVED this 19th clay of March, 2013. 0 ' We"T 11 LIN ATITST; By: LIONELD JORDAN, Mayor SONDRA L. SMITH, 1, City Clerk/'treasurer Iibl qn cc m1p gal?kc WS 1.19.1 Mn for uss of IxA rouds 2.28.1].dot C. 5 ADM 13-4331 Local Fayetteville CommunityFood Survey: Foods ordinance Review Y Y Page 6 of 8 What suggestions do you have for Mayor Jordan about how to improve our community food system, urban agriculture, and access to fresh food? ,Gardens/Public Space Use leftovers ace(City Lands/ Parks/ROW/Schools/POA properties) to plant food bearing vegetation in, accessible to all. 14 More Community Gardens and promotion of 8 City encourage/require planting food bearing landscape plants & trees as part of landscape re s/miti ation 3 City position dedicated to Community Gardens 2 Make community gardens easier to establish and access. 1 Offer SNAP in all community gardens 1 'City Ordinances/Policies/Programs Amend chicken ordinance to allow for more and expand to goats and other animals. 9 Create/moM zoniEQ for UrbanAgriculture/Conservation- make it easier to farm in town 5 Tax incentives for donated garden land/ sustainable garden set ups 2 City Composting 1 Overturn POA rules stating that residents cannot grow vegetables in front flower beds 1 Research and implement a more wholistic local food shed scenario. 1 Carbon tax on non local foods 1 Encourage and make rooftop gardens the norm 1 Farmers' Market More, easily accessible(pedestrians and outskirts of town), and larger Farmers' Markets, at different times of day 8 Support Local: Local Farmers and local food in restaurants/ roce stores 7 Su ort/Promote Farmers' Market 3 More eveningmarkets 2 More education on SNAP Benefits at Markel and follow through on program 2 Market at U of A 1 Farmers' market vouchers for Cityemployees 1 More value added products at Farmers' Market 7 Create opportunities for selling of food outside of Farmers' Market- difficult to get in 1 Support partnerships btwn Farmer's market and local stores 1 Education Cam ai n/educate promoting the benefits of local foods/gardening- make it popular 8 Local food & gardening education in school 4 Food Preservation Classes/Cannin ro rams 3 Encourage healthy good food in schools 2 Seed saving /food growing classes 2 Gardening assistance/ garden planning education 1 Organizations & Partnerships Partnerships- University, Fayetteville Schools, Surrounding area 5 Support local food non profits 1 Support/Promote Botanical Garden 1 Online Resources Website with local foods resources 1 Create a space to advertise available gardening land 1 Provide links to gardening resources and provide garden related donations 1 'Community exchange program forgoods- produce.compost etc. 1 Food & Local Food- General More local/health foods stores- need lower prices 4 Encourage City facilities and businesses to source food locally 2 Push for accurate food labeling 1 Encourage local restaurants to donate leftover foods 1 Facilitate food donations and distribution 1 Other Community building - neighborhood community kitchens/block parties 2 Create a place that houses emergency food stores for those in need. 1 Hire a row to condauct a regional local food assessment 1 O en a food preservation center 1 Short Term, City of Fayetteville Sustainabtiity & Strategic Planning Department feed Fayetteville LongTerm, Other City of Fayetteville Departments / f \ E ` ;I IC:ƒ7 �\ ! \| }� 2E c, ADM , eLoca , Foods Ordinance Review Page a, C. 5 ADM 13-4331 Local Foods Ordinance Review Page 8 of 8 Q A . 3 -/ 2 -13 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith aye ev.,,;le Tentative Agenda City of Fayetteville Arkansas City Council Meeting March 19, 2013 Aldermen Ward 1 Position 1 — AdellaGray Ward 1 Position 2 — Sarah Marsh Ward 2 Position 1 — Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position 1 — Justin Tennant Ward 3 Position 2—Martin W. Schoppmeyer, Jr. Ward 4 Position 1 — Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council will be held on March 19, 2013 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: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the March 05, 2013 City Council meeting minutes. 2. Portable Changeable Message Sign: A resolution approving a budget adjustment in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. 11.3 West Mountain Fayetteville, AR 727W (479) 575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDDrrTY (479) 521-1316 3. Bid 413-12 North Point Ford: A resolution awarding Bid 413-12 and authorizing the purchase of three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. 4. Bid #13-13 North Point Ford: A resolution awarding Bid 413-13 and authorizing the purchase of one (1) Ford F-250 utility truck from North Point Ford of North Little Rock in the amount of $32,969.00 for use by the Transportation Department. 5. North Point Ford — Information Technology Division: A resolution authorizing the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the Information Technology Division, and approving a budget adjustment. 6. Bale Chevrolet — Transportation Department: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department, and approving a budget adjustment. 7. Bale Chevrolet — Solid Waste Division: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. 8. Mountain Street and College Avenue Sidewalk Improvements: A resolution approving a budget adjustment in the amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. 9. Crafton Tull: A resolution approving a contract with Crafton Tull in an amount not to exceed $42,430.00 for architectural and bidding services related to renovations of pool buildings at Wilson Park. 10. Rupple Road Improvements: A resolution expressing the willingness of the City of Fayetteville to utilize federal -aid funds for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road. B. Unfinished Business: 1. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. This Item was tabled at the March 05, 2013 City Council meeting to the March 19, 2013 City Council meeting. C. New Business: 1. Amend 33.108 Compensation: An ordinance to amend §33.108 Compensation relating to the Planning Commissioners and to approve a budget adjustment. 2. VAC 12-4203 (Halsell Road Sewer Easements): An ordinance approving VAC 12- 4203 submitted by the City of Fayetteville for several blanket easements along Halsell Road, Maple Street and Oliver Avenue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 access`ayetleviae.org Telecommunications Device for the Deaf TDDf1 fY (479) 521-1316 3. First Community Bank of Crawford County Cost Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a $64,000.00 cost -share agreement with First Community Bank of Crawford County for the milling and paving of streets within the Sunbridge Villas Development, and approving a budget adjustment of $64,000.00 recognizing revenue from letters of credit. 4. U.S. Geological Survey Agreement: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year 2013. 5. ADM 13-4331 Local Foods Ordinance Review: A resolution to request city staff review the Unified Development Code and prepare amendments to allow residents to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. D. City Council Agenda Session Presentations: 1. Entertainment District Parking Deck Update and Public Input Session — David Jurgens, Utilities Director and Team E. City Council Tour: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 2. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: AD CP6 94t " l4"e,cy- 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD7fTY 479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other,than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 1 i 3 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayettevile.org I elecominunications Device for the Deaf TDDITTY (.479) 521-1316 �ra_ ' Io, M,_ -Yt 31b/j3 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Tentative Agenda City of Fayetteville Arkansas City Council Meeting March 19, 2013 Aldermen Ward 1 Position I —Adella Gray Ward i Position 2 — Sarah Marsh Ward 2 Position 1 — Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position 1 —Justin Tennant Ward 3 Position 2 — Martin W. Schoppmeyer, Jr - Ward 4 Position 1 — Rhonda Adams Ward 4 Position 2 — Alan T. Long A meeting of the Fayetteville City Council will be held on March 19, 2013 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: 1. Nominating Committee Report Agenda Additions: A. Consent: :,//Aorroval of the March 05, 2013 City Council meeting minutes. table Changeable Message Sign: A resolution approving a budget adjustment in the total amount of $14,500.00 to provide funding for the purchase of a portable changeable message sign for the Transportation Department. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDITTY (479) 521-1316 Bid #13-12 North Point Ford: A resolution awarding Bid 913-12 and authorizing the purchase of three (3) Ford F-550 service body trucks from North Point Ford of North Little Rock in the total amount of $121,812.00 for use by the Water and Sewer Division. ,Bid 413-13 North Point Ford: A resolution awarding Bid #13-13 and authorizing the purchase of one (1) Ford F-250 utility truck from North Point Ford of North Little Rock .n the amount of $32,969.00 for use by the Transportation Department. 6: North Point Ford — Information Technology Division: A resolution authorizing the purchase of one (1) Ford F-150 pickup truck in the amount of $18,492.00, pursuant to a state procurement contract, from North Point Ford of North Little Rock for use by the /Information Technology Division, and approving a budget adjustment. ff Bale Chevrolet — Transportation Department: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Transportation Department, /and approving a budget adjustment. �Bale Chevrolet — Solid Waste Division: A resolution authorizing the purchase of one (1) Chevrolet Tahoe in the amount of $28,789.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Solid Waste Division. Mountain Street and College Avenue Sidewalk Improvements: A resolution approving a budget adjustment in the amount of $60,600.00 recognizing revenue for improvements to sidewalks on Mountain Street and College Avenue. �Crafton Tull: A resolution approving a contract with Crafton Tull in an amount not to exceed $42,430.00 for architectural and bidding services related to renovations of pool ildings at Wilson Park. Rupple Road Improvements: A resolution expressing the willingness of the City of Fayetteville to utilize federal -aid funds for reconstruction and relocation of Rupple Road from Wedington Drive to Mount Comfort Road. p 11 ADM 13-4331 Local Foods Ordinance Review: A resolution to request city staff Nreview the Unified Development Code and prepare amendments to allow residents to raise farm animals and sell crops, animals and animal products in non -agriculturally zoned areas to provide greater food security for Fayetteville residents. B. U mished Business: Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. This item was tabled at the March 05, 2013 City Council meeting to the March 19, 2013 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDffTY (479) 521-1316 C. New Business: V/ VAC 12-4203 (Halsell Road Sewer Easements): An ordinance approving VAC 12- 4203 submitted by the City of Fayetteville for several blanket easements along Halsell /Road, Maple Street and Oliver Avenue. First Community Bank of Crawford County Cost Share Agreement: An ordinance waiving the requirements of formal competitive bidding and approving a $64,000.00 cost -share agreement with First Community Bank of Crawford County for the milling and paving of streets within the Sunbridge Villas Development, and approving a budget adjustment of $64,000.00 recognizing revenue from letters of credit. q. U.S. Geological Survey Agreement: An ordinance waiving the requirements of formal competitive bidding and approving an agreement with the U.S. Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the operation and maintenance of three (3) urban stream gauging stations in the City for calendar year t 2013. Amend 33:108 Compensation: An ordinance to amend the Planning Commission Compensation. "In route for -signatures; D. City Council Agenda Session Presentations: E. City Count our: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 2. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 113 West Mountain Fayetteville- AR 72701 r479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDMY (479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. 1 13 West Mountain Fayettevifle, AR 72701 (479) 575-6323 accessfayetteville.org Telecommunications Device for the Deaf TDDrrTY (479) 521-1316 (3/6/2013) City Clerk - Parking Deck Update after City Council Agenda Session- March 12 Seite 1 From: David Jurgens To: Branson, Lisa; City Clerk CC: Parking Deck Team Date: 3/6/2013 12:45 PM Subject: Parking Deck Update after City Council Agenda Session- March 12 Lisa, Please add the following onto the March 12 agenda session as the last item: Entertainment District Parking Deck Update and Public Input Session. This has been staffed through Don Marr and the Mayor. We are providing an update to the Council, immediately followed by the public input session at the same location (room 326). Thank you, David