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HomeMy WebLinkAbout2016-11-15 - Agendas - FinalCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, November 15, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I Sarah Marsh Ward I Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2016-0515 CITY COUNCIL PRESENTATION OF THE 2015 ANNUAL AUDIT REPORT PRESENTED BY PAUL BECKER Agenda Additions: A. Consent: A.1 2015-0659 APPROVAL OF THE NOVEMBER 1, 2016 CITY COUNCIL MEETING MINUTES. A.2 2016-0496 JOHN DEERE COMPANY: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE 310L BACKHOE FROM JOHN DEERE COMPANY OF MOLINE, ILLINOIS IN THE AMOUNT OF $90,316.56, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION Attachments: JOHN DEERE COMPANY City of Fayetteville, Arkansas Page 2 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 A. 3 A. 4 A. 5 Ini ti_nsnd UA PROPERTIES, LLC COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A 50150 COST SHARE AGREEMENT WITH UA PROPERTIES, LLC FOR CONSTRUCTION OF A WATER MAIN ALONG A PORTION OF SMITH AVENUE BETWEEN WEST MARKHAM ROAD AND NORTH THOMAS AVENUE AT A TOTAL COST OF $13,912.68 Attachments: UA PROPERTIES, LLC COST SHARE AGREEMENT 1►njc��L��Ti7 2016 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2016 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $10,000.00 TO CONTINUE THE E -WASTE COUPON REDEMPTION PROGRAM, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 2016 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT BA 2016 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT 2016-0513 DESTRUCTION OF CERTAIN RECORDS: A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT CODE SECTIONS OF THE ARKANSAS CODE ANNOTATED RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS Attachments: DESTRUCTION OF CERTAIN RECORDS City of Fayetteville, Arkansas Page 3 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 A.6 2016-0514 JBZ, INC. D/B/A ELLINGSON CONTRACTING CHANGE ORDER NO. 2: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $17,455.00 FOR SITE DRAINAGE IMPROVEMENTS RELATED TO THE FAYETTEVILLE SENIOR CENTER KITCHEN EXPANSION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PROJECT IN THE AMOUNT OF $95,000.00 Attachments: JBZ, INC. D/B/A ELLINGSON CONTRACTING CHANGE ORDER NO.2 BA JBZ, INC. D/B/A ELLINGSON CONTRACTING CHANGE ORDER NO. 2 A.7 2016-0512 2016 BULLETPROOF VEST PARTNERSHIP PROGRAM: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A FIFTY PERCENT (50%) MATCHING GRANT AWARD FROM THE 2016 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $13,237.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 2016 BULLETPROOF VEST PARTNERSHIP PROGRAM BA 2016 BULLETPROOF VEST PARTNERSHIP PROGRAM B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 B. 1 B. 2 B. 3 Ini ti_ndz') RZN 16-5550 (2155 N. RUPPLE RD./HAZEN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5550 FOR APPROXIMATELY 70 ACRES LOCATED EAST AND WEST OF RUPPLE ROAD AND SOUTH OF MOUNT COMFORT ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND R -A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND R -A, RESIDENTIAL AGRICULTURAL (LEFT ON THE SECOND READING) Attachments: RZN 16-5550 (2155 N. RUPPLE RD./HAZEN) ADDITIONAL RZN 16-5550 (2155 N. RUPPLE RD.HAZEN) At the October 4, 2016 City Council Meeting this ordinance was left on the first reading. At the October 18, 2016 City Council Meeting this ordinance was left on the second reading. At the November 1, 2016 City Council Meeting this ordinance was tabled to November 15, 2016 2016-0467 VAC 16-5571 (WEST JUPITER DR./JUPITER DRIVE): AN ORDINANCE TO APPROVE VAC 16-5571 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. TO VACATE A PORTION OF JUPITER DRIVE FROM MCGUIRE STREET TO THE AEP SUBSTATION (LEFT ON THE SECOND READING) Attachments: VAC 16-5571 (WEST JUPITER DR./JUPITER DRIVE) At the October 18, 2016 City Council Meeting this ordinance was left on the first reading. At the November 1, 2016 City Council Meeting this ordinance was left on the second reading. 2016-0445 APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES: A RESOLUTION TO GRANT THE APPEAL OF TIM BRISIEL OF LEGACY VENTURES AND TO APPROVE LARGE SCALE DEVELOPMENT 16-5488 MACEY DRIVE TOWNHOMES Attachments: APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES City of Fayetteville, Arkansas Page 5 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 B. 4 B. 5 At the October 18, 2016 City Council Meeting this resolution was tables to November 1, 2016. At the November 1, 2016 City Council Meeting this resolution was tabled to November 1 S, 2016. bT&FEwa W UARK CREDIT UNION REZONING APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5589 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 714 WEST MARTIN LUTHER KING BOULEVARD AND 511 HILL AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO C-1, NEIGHBORHOOD COMMERCIAL (LEFT ON THE FIRST READING) Attachments: UARK CREDIT UNION REZONING APPEAL At the November 1, 2016 City Council Meeting this ordinance was left on the first reading. 2016-0490 WG LAND COMPANY APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5590 FOR APPROXIMATELY 23 ACRES LOCATED NORTHEAST OF MCGUIRE STREET AND VAN ASCHE DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND C-3, CENTRAL COMMERCIAL TO C-3, CENTRAL COMMERCIAL (LEFT ON THE FIRST READING) Attachments: WG LAND COMPANY APPEAL At the November 1, 2016 City Council Meeting this ordinance was left on the first reading. C. New Business: City of Fayetteville, Arkansas Page 6 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 C. 1 2016-0495 BID NO. 16-59 TRUCK CENTERS OF ARKANSAS: A RESOLUTION TO AWARD BID NO. 16-59 AND AUTHORIZE THE PURCHASE OF THREE (3) FREIGHTLINER DUMP TRUCKS FROM TRUCK CENTERS OF ARKANSAS IN THE TOTAL AMOUNT OF $404,865.00 FOR USE BY THE TRANSPORTATION SERVICES DEPARTMENT Attachments: BID #16-59 TRUCK CENTERS OF ARKANSAS C.2 2016-0526 BID NO. 16-62 AMERICAN FIRE TRAINING CENTERS, INC.: A RESOLUTION TO AWARD BID NO. 16-62 AND AUTHORIZE THE PURCHASE OF A MOBILE FIRE TRAINING SIMULATOR FROM AMERICAN FIRE TRAINING CENTERS, INC. OF LOCKPORT, ILLINOIS IN THE AMOUNT OF $609,000.00 PLUS APPLICABLE SALES TAXES FOR USE BY THE FIRE DEPARTMENT Attachments: SRF SRM Bid Tab Sheet C.3 2016-0521 RZN 16-5609 (1764 N. STARR RD./HAYS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5609 FOR APPROXIMATELY 26.83 ACRES LOCATED AT 1764 NORTH STARR ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE Attachments: RZN 16-5609 (1764 N. STARR RWHAYS) C.4 2016-0517 RZN 16-5633 (2350 W. WEDINGTON DR./UPTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5633 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 2350 WEST WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS, NEIGHBORHOOD SERVICES Attachments: RZN 16-5633 (2350 W. WEDINGTON DRJUPTON) City of Fayetteville, Arkansas Paye 7 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 C.5 2016-0523 RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5598 FOR APPROXIMATELY 3.74 ACRES LOCATED AT 1777 SOUTH SMOKEHOUSE TRAIL FROM R -A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE Attachments: RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUS C.6 2016-0508 AMEND § 31.18 DISTRICT JUDGE COMPENSATION: AN ORDINANCE TO AMEND § 31.18 DISTRICT JUDGE COMPENSATION BECAUSE THE DISTRICT JUDGE OF WASHINGTON COUNTY DISTRICT COURT, FAYETTEVILLE DEPARTMENT WILL ON JANUARY 1, 2017 BECOME A FULL TIME STATE EMPLOYEE Attachments: AMEND § 31.18 DISTRICT JUDGE COMPENSATION C.7 2016-0520 AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351 COMPOSITION: AN ORDINANCE TO AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351 COMPOSITION OF ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE OF THE FAYETTEVILLE CITY CODE TO EXPAND THE SCOPE OF THE COMMITTEE'S DUTIES, TO RECOMMEND THAT THE CITY COUNCIL APPOINTEE SHOULD ALSO SERVE ON THE TRANSPORTATION COMMITTEE, AND TO ESTABLISH A TIME FOR THE ELECTION OF THE COMMITTEE CHAIR Attachments: AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351 COMPOSITIC City of Fayetteville, Arkansas Paye 8 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 C.8 2016-0505 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.1 LIMITS OF AUTHORITY; 1.2.2 WARRANTLESS DETENTION, SEARCH AND SEIZURE; 1.3.1 USE OF FORCE; 1.3.4 LESS LETHAL WEAPONS AND DEFENSIVE TACTICS; 1.3.6 OFFICER -INVOLVED SHOOTING; AND 22.3 SECONDARY EMPLOYMENT Attachments: FAYETTEVILLE POLICE DEPARTMENT POLICIES ADDITIONAL FAYETTEVILLE POLICE DEPARTMENT POLICIES D. City Council Agenda Session Presentations: D. 1 2016-0497 AGENDA SESSION PRESENTATION - ECONOMIC DEVELOPMENT QUARTERLY PRESENTATION - CHAMBER OF COMMERCE E. City Council Tour: F. Announcements: G. Adjournment 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. City of Fayetteville, Arkansas Paye 9 Printed on 1111412016 City Council Meeting Meeting Agenda - Final Agenda November 15, 2016 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 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville, Arkansas Page 10 Printed on 11/14/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2016-0515 Agenda Date: 11/15/2016 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Presentation Agenda Number: 1. CITY COUNCIL PRESENTATION OF THE 2015 ANNUAL AUDIT REPORT PRESENTED BY PAUL BECKER City of Fayetteville, Arkansas Page 1 Printed on 11114/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2015-0659 Agenda Date: 11/15/2016 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Minutes Agenda Number: A. 1 APPROVAL OF THE NOVEMBER 1, 2016 CITY COUNCIL MEETING MINUTES. City of Fayetteville, Arkansas Page 1 Printed on 11114/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2016-0496 Agenda Date: 11/15/2016 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 2 mill if Ion 13 04 114 'j XV -1111310V 16r.1101111T File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE 310L BACKHOE FROM JOHN DEERE COMPANY OF MOLINE, ILLINOIS IN THE AMOUNT OF $90,316.56, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, FOR USE BY THE RECYCLING AND TRASH COLLECTION 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 a John Deere 310L backhoe from John Deere Company of Moline, Illinois in the amount of $90,316.56, pursuant to a National Joint Powers Alliance cooperative purchasing agreement, for use by the Recycling and Trash Collection Division. City of Fayetteville, Arkansas Page 1 Printed on 1111412016 City of Fayetteville Staff Review Form 2016-0496 Legistar File ID 11/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Jesse Beeks/Sara Glenn 10/18/2016 Fleet Operations Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of one John Deere 310L Backhoe available off of the NJPA Cooperative Contract in the amount of $90,316.56 through John Deere of Moline, IL for use in the Recycling and Trash Collection. Budget Impact: 9700.770.1920-5802.00 Account Number 02076.2016 Shop Fund Fund Backhoes/Loaders Project Number Project Title Budgeted Item? Yes Current Budget $ 415,380.00 Funds Obligated $ - Current Balance $ 415,380.00 Does item have a cost? Yes Item Cost $ 90,316.56 Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF %! I -le Tay • ARKANSAS MEETING OF NOVEMBER 15, 2016 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Terry Gulley, Director of Transportation FROM: Jesse Beeks, Fleet Operations Superintendent DATE: October 18, 2016 SUBJECT: Purchase of one Backhoe for Recycling and Trash Collection RECOMMENDATION: That City Council approve the purchase of one John Deere 310L Backhoe available off of the NJPA Cooperative Contract in the amount of $90,316.56 through John Deere of Moline, IL for use in the Recycling and Trash Collection. BACKGROUND: Unit 693 was a 2010 John Deere Backhoe that was approaching its 7 year life expectancy. This backhoe is used for adjusting the loads for the transfer trailers and is essential to the day to day operations of Recycling and Trash. They do not have another piece of equipment that is capable of performing this duty. The boom broke on unit 693 during a regular work day recently. This unit already had 88% of its original purchase price in life to date maintenance cost. Based on the cost of repair and the age of this backhoe, Fleet believes it would be uneconomical to repair this unit. DISCUSSION: Fleet recommends the purchase of one John Deere 310L Backhoe available off of the NJPA Cooperative Contract in the amount of $90,316.56 through John Deere of Moline, IL for use in the Recycling and Trash Collection. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted for this purchase. There is a shortfall in the collection that should be made up with the sale of the old unit. This purchase was approved by the Equipment Committee on October 11, 2016 with a preliminary dollar amount. Attachments: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 National Joint Powers Alliance :: John Deere - Tractors/Ag Implements Home > Cooperative Purchasing >Contracts - Fleet >Construction & Agricultural Equipment > John Deere - Tractors/Ag Implements JOHN DEERE Overview Contract Documentation Pricing Marketing Materials NJPA Contact Information HOW TO PURCHASE Our step-by-step gulde Vendor Contact Info Bill Frank Direct Phone: 972-974-0984 FrankWilliamD@JohnDeere.com www..mohndeere.com John Deere - Tractors/Ag Implements Contract#: 021815 -DAC Category: Construction & Agricultural Equipment Description: Ag Tractors & Associated Equipment and Implements Maturity Date: 03/17/2019 10/18/2016 9:37:53 AM 7C ���JPA AWARDED As a world leader in agriculture, construction and turf care, we're proud to offer value and real service to the NJPA membership through contract 021815 -DAC. We spend over $2 million a day on R&D, and build customer feedback into every machine. 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Page 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0504 Agenda Date: 11/15/2016 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 3 UA PROPERTIES, LLC COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A 50150 COST SHARE AGREEMENT WITH UA PROPERTIES, LLC FOR CONSTRUCTION OF A WATER MAIN ALONG A PORTION OF SMITH AVENUE BETWEEN WEST MARKHAM ROAD AND NORTH THOMAS AVENUE AT A TOTAL COST OF $13,912.68 WHEREAS, UA Properties, LLC has requested that the City construct and share in the cost of constructing a 2 -inch water main along a portion of Smith Avenue between West Markham Road and North Thomas Avenue, a distance of approximately 800 feet, to upgrade the old line, facilitate a lot split and increase population density; and WHEREAS, construction of the water main will provide water service to a project which is increasing the population density in this area, upgrade the old line, and eliminate a dead-end line by creating a looped system; and WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." 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 cost share agreement with UA Properties, LLC for construction of a water main along a portion of Smith Avenue between West Markham Road and North Thomas Avenue, a distance of approximately 800 feet, with the total project cost of $13,912.68 to be shared equally between the City and UA Properties, LLC. City of Fayetteville, Arkansas Page 1 Printed on 1111412016 City of Fayetteville Staff Review Form 2016-0504 Legistar File ID 11/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 10/20/2016 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost -share agreement between the City of Fayetteville and UA Properties, LLC, to share the costs of installing an upgraded watermain in the area of Smith Avenue, west of Razorback Road. The cost share is $6,956.34, which represents 50% of the labor, equipment, and construction materials. Budget Impact: 5400.720.5600-5808.00 Water/Sewer Account Number Fund 02067.1 Water and Sewer Cost Sharing Project Project Number Project Title Budgeted Item? Yes Current Budget $ 96,796.00 Funds Obligated $ 4,510.00 Current Balance I $ 92,286.00 Does item have a cost? Yes Item Cost $ 6,956.34 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 85,329.66 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF rye ARKANSAS MEETING OF NOVEMBER 15# 2016 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director__- DATE: October 20, 2016 CITY COUNCIL AGENDA MEMO SUBJECT: Resolution Approving a Cost -Share Agreement between the City of Fayetteville and the UA Properties, LLC RECOMMENDATION: Staff recommends approval of a cost -share agreement between the City of Fayetteville and the UA Properties, to share the costs of installing an upgraded water main in the area Smith Avenue, west of Razorback Road. The cost share is $6,956.34, which represents 50% of the labor, equipment and construction materials. BACKGROUND: UA Properties, LLC has requested that the City construct and share in the cost of constructing a 2 -inch water main on a portion of Smith Avenue west of Razorback Road. Installing this segment of line will upgrade the old line, and also eliminate two dead-end lines by creating a looped system. A distance of approximately 800 feet, the 1.5- and 2 -inch water main to be upgraded is located on Smith Avenue, W. Markham Road and N. Thomas Avenue. DISCUSSION: Section 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." Since the 2 -inch line will provide a loop and remove 2 dead end lines, as well as replace some older pipe that is prone to leaks, the Utility Staff feels it is fair and equitable to cost share toward the upgrade. Additionally, this project will create an additional water service on Smith Avenue. BUDGET/STAFF IMPACT: The Water & Sewer Division will be able to provide the labor, equipment and materials needed without impeding upon the overall mission of the Utilities Department. Funds are available in the Water & Sewer Cost Sharing Project. Attachments: Staff Review Form Cost -Share Agreement Map of Area Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN UPGRADE COSTS This Agreement, made and entered into on this day of November, 2016, by and between the City of Fayetteville, Arkansas ("City") and the UA Properties, LLC, witnesseth: WHEREAS, UA Properties, LLC has requested that the City construct and share in the cost of constructing a 2 -inch water main along a portion of Smith Avenue west of Razorback Road, a distance of approximately 800 feet, to facilitate a lot split and increase population density. WHEREAS, installing this segment of line will upgrade the old line, and also eliminate a dead-end line by creating a looped system. WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." NOW, THEREFORE, the City of Fayetteville, Arkansas and UA Properties, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Furnish the labor, materials, and equipment to upgrade approximately 800 linear feet of 1.5- and 2 -inch water main on Smith Avenue, W. Markham Road and N. Thomas Avenue to 2 -inch main. B. Bear any costs associated with the water main installation that exceed the amount UA Properties, LLC agrees to pay below. 2. UA Properties, LLC agrees to: A. Reimburse the City for 50% of the cost of the water main installation up to a maximum -not -to -exceed amount of $6956.34, which represents one-half of the cost estimated by Fayetteville (13,912.68). B. Make payment to Fayetteville within thirty (30) days after receipt of valid invoices. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: Page 1 of 2