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HomeMy WebLinkAbout2017-04-04 - Agendas - FinalCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, April 4, 2017 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Sarah Bunch Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda - Final Agenda April 4, 2017 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2017-0177 NOMINATING COMMITTEE REPORT -A&P COMMISSION NOMINEES Attachments: 1st Quarter 2017 A&P Commissioners Appointees Agenda Additions: A. Consent: A. 1 2016-0572 APPROVAL OF THE MARCH 21, 2017 CITY COUNCIL MEETING MINUTES. A.2 2017-0150 WINGS AVIONICS, INC.: A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH WINGS AVIONICS, INC. FOR THE AIRPORT HANGAR AT 421 ERNEST LANCASTER DRIVE FOR RENT IN THE AMOUNT OF $1,606.49 PER MONTH Attachments: Wings Avionics, Inc. A.3 2017-0179 CATO SPRINGS TRAIL AIRSPACE PERMIT: A RESOLUTION TO APPROVE AN AIRSPACE PERMIT AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE CATO SPRINGS TRAIL CROSSING OF HIGHWAY 71 AND INTERSTATE 49 Attachments: Cato Springs Trail Air Space Permit B. Unfinished Business: NONE City of Fayetteville, Arkansas Page 2 Printed on 3/30/2017 City Council Meeting Meeting Agenda - Final Agenda April 4, 2017 C. New Business: C. 1 2017-0158 PROGRESSIVE TRAIL DESIGN, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC FOR THE CONSTRUCTION OF NEW TRAILS AND IMPROVEMENTS TO EXISTING TRAILS IN ACCORDANCE WITH THE KESSLER MOUNTAIN TRAILS MASTER PLAN IN THE AMOUNT OF $296,721.87, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $44,508.28 Attachments: Progressive Trail Design, C.2 2017-0165 VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RDJVILLAS AT FOREST HILLS LOT 33): AN ORDINANCE TO APPROVE VAC 17-5725 FOR PROPERTY LOCATED AT LOT 33 OF VILLAS AT FOREST HILLS, SOUTHWEST OF WEST JEWELL ROAD AND NORTH SALEM ROAD TO VACATE AN ACCESS EASEMENT Attachments: VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILL, C.3 2017-0137 AMEND §33.350 ACTIVE TRANSPORTATION ADVISORY COMMITTEE: AN ORDINANCE TO AMEND § 33.350 PURPOSE AND ESTABLISHMENT OF ARTICLE XXIII ACTIVE TRANSPORTATION ADVISORY COMMITTEE OF THE FAYETTEVILLE CODE TO EXPAND THE SCOPE OF THE COMMITTEE'S DUTIES AND TO ESTABLISH A TIME FOR THE ELECTION OF THE COMMITTEE CHAIR Attachments: Amend 33.350 Purpose and Establishment of Article XXIII Active Transportation Advi C.4 2017-0166 AMEND §72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES: AN ORDINANCE TO AMEND § 72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES OF THE CITY CODE TO PROVIDE GREATER FLEXIBILITY FOR EVENT PARKING IN CITY MANAGED PARKING FACILITIES, AND TO MAKE TECHNICAL REVISIONS Attachments: Amending72.58 City of Fayetteville, Arkansas Page 3 Printed on 3/30/2017 City Council Meeting Meeting Agenda - Final Agenda April 4, 2017 D. City Council Agenda Session Presentations: D. 1 2017-0035 AGENDA SESSION PRESENTATION - FAYETTEVILLE ENERGY ACTION PLAN BY PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. 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. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City of Fayetteville, Arkansas Page 4 Printed on 3/30/2017 City Council Meeting Meeting Agenda - Final Agenda April 4, 2017 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. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, 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's 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 Telecommunications Devise for the Deaf (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 on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 5 Printed on 3/30/2017 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0177 Agenda Date: 4/4/2017 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Report Agenda Number: 1 NOMINATING COMMITTEE REPORT -A&P COMMISSION NOMINEES At the March 20th, 2017 A&P Commission meeting, the commission recommended that the City Council approve the following: Chrissy Sanderson, Tourism Industry - One unexpired term ending 03/31/20 Robert Rhoads, Public at Large - One term ending 03/31/21 City of Fayetteville, Arkansas Page 1 Printed on 3/30/2017 From: Molly Rawn To: Ci Clerk Cc: Matthew Pettv Subject: New A&P Commissioners pending approval Date: Tuesday, March 21, 2017 4:49:58 PM Hello, Please note that at the March 20th, 2017 A&P Commission meeting, the commission recommended that the City Council approve the following: Chrissy Sanderson, Tourism Seat Robert Rhoads, Commissioner At -Large Please advise if there are other steps I need to take to have this added to the City Council agenda Thanks, Molly Molly Rawn Executive Director Experience Fayetteville m rawn&ex_periencefayettevi Ile. com Main: (479) 521-5776 ext. 300 City of Fayetteville, Arkansas Text File File Number: 2016-0572 Agenda Date: 4/4/2017 Version: 1 In Control: City Council Meeting Agenda Number: A. 1 APPROVAL OF THE MARCH 21, 2017 CITY COUNCIL MEETING MINUTES. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Agenda Ready File Type: Minutes City of Fayetteville, Arkansas Page 1 Printed on 3130/2017 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0150 Agenda Date: 4/4/2017 Version: 1 Status: Agenda Ready In Control: City Council Meeting Agenda Number: A. 2 WINGS AVIONICS, INC.: File Type: Resolution A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH WINGS AVIONICS, INC. FOR THE AIRPORT HANGAR AT 421 ERNEST LANCASTER DRIVE FOR RENT IN THE AMOUNT OF $1,606.49 PER MONTH 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 three year lease agreement with Wings Avionics, Inc., a copy of which is attached to this Resolution and made a part hereof, for the airport hangar at 421 Ernest Lancaster Drive for rent in the amount of $1,606.49 per month. City of Fayetteville, Arkansas Page 1 Printed on 3/30/2017 City of Fayetteville Staff Review Form 2017-0150 Legistar File ID 4/4/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Terry Gulley 3/16/2017 Aviation / Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement with Wings Avionics, 421 Ernest Lancaster Drive, Fayetteville, AR 72701, ph 479-587-0005. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF %! 111 -le Tay • ARKANSAS MEETING OF APRIL 4, 2017 TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Terry Gulley, Transportation Services Director DATE: March 16, 2017 SUBJECT: Wings Avionics Corporate Hangar Lease RECOMMENDATION: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and Wings Avionics. DISCUSSION: Wings Avionics has been a tenant on the airfield since 1997. BUDGET/STAFF IMPACT: This lease will provide $19,277.88 in revenue to the airport per year. Attachments: SRF SRM Corporate Hangar Lease Agreement Exhibit A -Corporate Hangar Layout Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LEASE AGREEMENT This LEASE AGREEMENT made this day of , 2017, by and between the City of Fayetteville, Arkansas, hereinafter called "City", and Wings Avionics, Inc., 421 Ernest Lancaster Drive, Fayetteville, AR 7201, 479-587-0005, hereinafter called "Wings Avionics." WHEREAS, City is the owner of an airport known as the Fayetteville Executive Airport, Drake Field, herein referred to as the "Airport"; and WHEREAS, City is the owner of an aircraft hangar at the Airport; and WHEREAS, Wings Avionics desires to lease said corporate aircraft hangar NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, hereby agree as follows: 1. City leases to Wings Avionics, and Wings leases from City, the corporate aircraft hangar located at 421 Ernest Lancaster Dr., Fayetteville, Arkansas, as reflected on "Exhibit A" attached hereto and made a part hereof. 2. Wings Avionics is granted the use, in common with others similarly authorized, of the airport, together with all facilities, equipment, improvements, and services which have been, or may hereafter, be provided at, or in connection with the Airport from time to time including, but not limited to, the landing field, and any extensions hereof or additions thereto, roadways, runways, ramps, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take -offs. 3. Wings Avionics shall have at all times the full and free right in ingress to and egress from the demised premises and facilities referred to herein for Wings Avionics, its employees, customers, passengers, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Wings Avionics. 4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for Three (3) year commencing on the 5th day of April , 2017, and ending on the 21st day of March, 2019. This Lease Agreement may be terminated by either party with a thirty (30) day written notice. 5. Rent: Wings Avionics agrees to pay the City for the use of the premises, facilities, rights, and privileges granted hereunder the sum of. Sixteen Hundred Six Dollars & Forty -Nine Cents with a CPI + I% increase beginning March 1, 2018, with the increase being contingent on the completion of the roof rehabilitation reflected in Bid 17-25 or "Exhibit B". The initial lease payment is due and payable upon execution of this Lease Agreement, and all subsequent monthly lease payments shall be payable in advance on, or before, the Pt day of each month. In addition to any remedy available to it hereunder, the City may impose as additional rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law. 6. City shall maintain and keep in good repair so much of the Airport premises as are not under the exclusive control of Wings Avionics. Wings Avionics shall, at the termination, surrender or forfeiture of this lease, return said premises in same or better condition premises were at the beginning of the lease, normal wear and tear excepted. 7. Wings Avionics shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities serving the demised premises, including, but not limited to heat, light, gas, electricity, and water, sewer and trash removal. 8. Improvements: Wings Avionics shall bear the cost of all improvements or additions made to the interior or exterior of the building on the leased premises. No improvements or additions to any part of the leased premises shall be made by Wings Avionics without the prior written approval of the Airport Manager, whose consent will not be unreasonably withheld. Any signs or antennas to be erected on or attached to the leased premises must have the prior written approval of the Airport Manager and conform to all City Ordinances. 9. Maintenance: The City shall be responsible only for major maintenance of the existing equipment, i.e. replacement of heating unit and other equipment in place in the facility which includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing of said building thereof shall become defective or damaged at any time during the term due to ordinary wear and tear and not due to negligence of Wings Avionics, or Wings Avionics `s agents or invites, upon notice from Wings Avionics, the City will immediately cause repairs to be made and restore the defective portions to good condition. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. If the demised premises are completely destroyed, City may reconstruct the hangar at the City's own cost and the rent payable hereunder shall be adjusted as set forth above, or City may, at its option, cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. Routine maintenance of the hangar doors shall remain the responsibility of the City. Wings Avionics shall not make any alterations to the controls of the hangar doors. 10. Wings Avionics agrees to observe and obey City's Ordinances and Regulations with respect to use of the demised premises and Airport; provided, however, such Ordinances and Regulations shall be consistent with safety and with all city, county, and state rules, regulations, including all 2 current fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport, and provided further, such Ordinances and Regulations shall be consistent with the provisions of this agreement or the procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to the operation of Wings Avionics's aircraft at the Airport. "The Minimum Standards for Fayetteville Executive Airport, Drake Field" herein referred to as Airport Minimum Standards are made part of this lease by reference as if included word for word. 11. Wings Avionics agrees that it shall use the premises for the implementation and conducting of an aeronautical business activity. Wings Avionics agrees that it shall use the premises only for the storage of airplanes and materials and equipment necessarily related to the operation of said aeronautical business activity and that no other vehicles, equipment or supplies shall be stored on the premises unless expressly agreed to by the City. Wings Avionics further agrees not to store any flammable material on the demised premises, other than a limited supply of oils and agents necessary for current aircraft maintenance and repair, or in any way endanger or violate the provisions of the City's standard commercially available property insurance policy or the requirements of same. Such violations shall constitute a material breach of this Agreement. 12. Hazardous Substance: Wings Avionics shall not cause or permit any Hazardous Substance to be used or stored on or in the Leased Premises without first obtaining the City's written consent. If hazardous Substances are used, stored, generated, or disposed of on or in the Leased Premises or if the Leased Premises or any other Airport property becomes contaminated in any manner for which Wings Avionics is responsible or legally liable, Wings Avionics shall indemnify and hold harmless the City, its officers, directors, agents, servants, and employees from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses including all reasonable costs for investigation and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, and without limitation, decrease in value of the Lease Premises, damages caused by loss or restriction of rentable or usable space as a part of the Leased Premises arising during or after the term hereof and arising as a result of that contamination by Wings Avionics, Wings Avionics agents, employees, and invitees. This indemnification includes, without limitation, all cost incurred because of any investigation of the Airport or any cleanup, removal, or restoration mandated by a federal, state, local agency or political subdivision. 13. If the demised premises are partially damaged by fire or other casualty which is not due to the negligence or fault of the Wings Avionics, said premises shall be repaired with due diligence by City at City's expense. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. If the demised premises are completely destroyed, City may reconstruct the hangar at the City's own cost and the rent payable hereunder shall be adjusted as set forth above, or City may, at its option, cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. 14. Wings Avionics shall maintain in force during the Term and any extended term public liability 3 and property damage insurance in comprehensive form as reasonably may be required by the City and specified in the Airport Minimum Standards. The insurance shall be issued by an insurer licensed to do business in the State of Arkansas. Concurrent with the execution of this Agreement, Wings Avionics shall provide proof of insurance coverage by providing a Certificate of Lessee's Insurance coverage, a copy of the declarations page on the insurance policy, and a copy of all endorsements. The Certificates of Insurance, or endorsements attached thereto, shall provide that; (a) insurance coverage shall not be canceled, changed in coverage, or reduced in limits without at least thirty (30) days prior written notice to the City: (b) the City and the Airport and their trustees, agents, officers, servants, and employees are named as additional insured: (c) the policy shall be considered primary as regards to any other insurance coverage the City may possess, including any self-insured retention or deductible the City may have, and any other insurance coverage the City may possess shall be considered excess insurance only; (d) the limits of liability required therein are on an occurrence basis. 15. Wings Avionics agrees to indemnify City against any and all liabilities, losses, suits, claims, judgments, fines, penalties, demands or expenses, including all reasonable costs for investigation and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, for injuries to persons or damage to property caused by Wings Avionics s use or occupancy of the lease premises; provided, however, that Wings Avionics shall not be liable for any injury, damage or loss arising from the negligence of City or its agents or employees; and provided further, that each parry shall give prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect either party, and each party shall have the right to compromise and defend the same to the extent of its own interest. This clause shall not be construed to waive that tort immunity as set forth under Arkansas Law. 16. Wings Avionics agrees that it will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, religion, national origin, sex, marital status, or handicap in the furnishing, or by refusing to furnish, to such persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the City solely to tenants, their employees, customers, patients, client, guests, and invites. 17. Assigning, Subletting and Encumbering. Wings Avionics shall not assign this Agreement in whole or in part, nor sublease all or any part of the Leased Premises, nor permit other persons to occupy said Leased Premises or any part thereof, not grant any license or concession for all or any part of said Leased Premises, without the prior written consent of the Airport Manager, which consent shall not be unreasonably withheld. Any consent by the Airport to an assignment or subletting of this Agreement shall not constitute a waiver of the necessity of obtaining that consent as to any subsequent assignment. Any assignment for the benefit of Wings Avionics's creditors or otherwise by operation of law shall not be effective to transfer or assign Wings Avionics's interest under this Agreement unless the Airport shall have first consented thereto in writing. Neither Wings Avionics's interest in this Agreement, not any estate created hereby in Wings Avionics nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the 4 benefit of creditors or otherwise by operation of law except as may specifically be provided in the Bankruptcy Code. If any of the corporate shares of stock of Wings Avionics are transferred, or if any partnership interests of Wings Avionics are transferred, by sale, assignment, bequest, inheritance, operation of law, or otherwise, so as to result in a change of the control, assets, value, ownership, or structure of Wings Avionics, same shall be deemed an assignment for the purposes of this Section 17 and shall require the Airport's prior consent, and Wings Avionics e shall notify the Airport of any such change or proposed change. 18. On the expiration or other termination of this lease Wings Avionics's right to use the demised premises shall cease, and Wings Avionics shall vacate the premises without unreasonable delay. All property installed, erected, or placed by Wings Avionics in, on, or about the premises leased hereunder shall be deemed to be personal property and shall remain the property of Wings Avionics. Wings Avionics shall have the right at any time during the term of this agreement, or any renewal or extension hereof, and for an additional period of fourteen (14) days after the expiration or other termination of this agreement, to remove any or all of such property, subject, however, to Wings Avionics's obligation to repair all damage, if any, resulting from such removal. Any and all property not removed by Wings Avionics prior to the expiration of the aforesaid fourteen (14) day period shall thereupon become a part of the land on which it is located and title hereto shall thereupon vest in City. 19. City may enter the premises leased to Wings Avionics at any reasonable time for any purpose necessary or incidental to the performance of its obligations or Wings Avionics's obligations hereunder. 20. Wings Avionics shall maintain the demised premises in a clean and orderly fashion at all times. Wings Avionics shall be responsible for the upkeep and mowing of the leased property. 21. Wings Avionics shall not start or operate aircraft engines within the aircraft hangar leased hereby and shall not allow such operations by any other person. 22. Wings Avionics agrees that habitation of the hangar building as a residence is prohibited. 23. Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail, return receipt requested, postage paid, to the following address: CITY OF FAYETTEVILLE Airport Administration Office 4500 S. School Avenue, Suite F Fayetteville, Arkansas 72701 Phone: 718-7642 Wings Avionics, Inc. 421 Ernest Lancaster Drive Fayetteville, Arkansas 72701 Phone: (479) 587-0005 24. This agreement shall be construed under the laws of the State of Arkansas. 5 25. All the covenants, conditi the legal representative, succes IN WITNESS WHEREOF, the written. WINGS AVIONICS- r� By:`lu' Title ATTEST- Title and provisions under this agreement shall extend to and bind and assigns of the respective parties hereof. have executed this Lease on the day and year first above Lioneld Jordan, Mayor ATTEST: By: Sondra Smith, City Clerk Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0179 Agenda Date: 4/4/2017 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 CATO SPRINGS TRAIL AIRSPACE PERMIT: A RESOLUTION TO APPROVE AN AIRSPACE PERMIT AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE CATO SPRINGS TRAIL CROSSING OF HIGHWAY 71 AND INTERSTATE 49 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 the Airspace Permit Agreement with the Arkansas State Highway and Transportation Department, a copy of which is attached to this Resolution, so that the Cato Springs Trail can use Highway 71 and Interstate 49 right of way near South Razorback Road and South Cato Springs Road and authorizes Mayor Jordan to sign the agreement. City of Fayetteville, Arkansas Page 1 Printed on 3/30/2017 City of Fayetteville Staff Review Form 2017-0179 Legistar File ID April 4th 2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Matt Mihalevich 3/27/2017 Engineering Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff requests the Mayor's signature on the attached Airspace Permit with the Arkansas State Highway and Transportation Department for the Cato Springs Trail crossing of Hwy 71 and 1-49. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Budgeted Item? NA Project Title Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF %! 111 -le Tay • ARKANSAS MEETING OF APRIL 4, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: March 28th, 2017 CITY COUNCIL AGENDA MEMO SUBJECT: 2017-0179 Air Space Permit — Cato Springs Trail Staff requests walking this item on to the at the February, 28th Agenda session for the April 4th City Council meeting. The air space permit was received by the City from AHTD after the deadline and this permit is necessary for construction to begin on the Cato Springs Trail. The contractor is ready to begin construction as soon as the permit is approved. RECOMMENDATION: Staff requests the Mayor's signature on the attached Airspace Permit with the Arkansas State Highway and Transportation Department for the Cato Springs Trail crossing of Hwy 71 and 1-49. BACKGROUND: Construction of the 2.9 mile Cato Springs Trail is well under way except for the segment within the AHTD right of way of Hwy 71 and 1-49. In October of 2016, resolution 183-16 approved a contract with Boulder Construction, low bidder of Bid 16-53 for the construction of the portions of the Cato Springs trail within the AHTD right of way for a cost of $2,873,116.00. Plans for the Cato Springs Trail were submitted to the AHTD in July of 2016 requesting the air space permit for the crossing of Hwy 71 and 1-49. The attached Air Space was received by the City of Fayetteville on March 24th 2017 and is ready for the Mayor's signature to allow construction to begin on the section of the Cato Springs Trail within the AHTD right of way. DISCUSSION: The attached Air Space permit has been adapted to meet the language requested by the City Attorney regarding sovereign statutory immunity as shown in section 13. This section will require the City to take on a potential liability therefore this item has been brought before the City Council. BUDGET/STAFF IMPACT: Funding for the Cato Springs Trail was made possible by a 50:50 matching grant from the Walton Family Foundation with matching funds from the Capital Improvement Project for Trail Development. Funds have been obligated for the construction contract with Boulder Construction. Attachments: Air Space Permit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AIRSPACE PERMIT THE CATO SPRINGS MULTI -USE TRAIL CITY OF FAYETTEVILLE This Airspace Permit ("Permit") is based upon the authority granted the Arkansas State Highway Commission ("Commission") in Ark. Code Ann. § 27-67-304(b) (Rep. 1994), and the Arkansas State Highway and Transportation Department ("AHTD" or "Department"), pursuant to Commission Minute Order No. 2012-008, and is subject to the approval of the Federal Highway Administration ("FHWA"). The parties to this Permit are the Department and the City of Fayetteville, Arkansas ("City"). The City has requested use of certain lands owned by the Commission, as more particularly shown on vicinity location aerials in Exhibit "C" described in the legal descriptions contained in Attachments "A", and their corresponding construction plans contained in "B", for a multi -use trail that does not interfere with the public use of the property for highway purposes. This Permit shall supersede and replace all terms and conditions of any previous, if any, agreement between the City and the Department governing the use of the properties set forth in the Attachments hereto and made a part hereof. The City proposes to construct and assume maintenance of a 'Multi -Use Trail" crossing Interstate 49 and Hwy 71 in Washington County along Hwy 265, known as the Cato Springs Trail, to be constructed on and near the locations set forth as Attachment "C". The Department's District Engineer has made a determination that such use will not interfere with the public use of the property for highway purposes. The Commission will retain all right, title, interest, supervision, and jurisdiction in and over such lands. This Permit is a license only and does not convey or create any interest on the part of the City in the lands 1 set forth on Attachment "A-1". The City further proposes to construct and assume maintenance of the proposed Cato Springs Trail by making improvements to Hwy 265 and crossing Interstate 49 and Hwy 71 in Washington County on and near the locations set forth in Attachment "C". The Department's District Engineer has made a determination that such use will not interfere with the public use of the property for highway purposes. The Commission will retain all right, title, interest, supervision, and jurisdiction in and over such lands. This Permit is a license only and does not convey or create any interest on the part of the City in the lands set forth on Attachment "A". In addition, the City proposes to construct and assume maintenance of the proposed Cato Springs Trail on and near the locations set forth in Attachment "C". The Department's District Engineer has made a determination that such use will not interfere with the public use of the property for highway purposes. The Commission will retain all right, title, interest, supervision, and jurisdiction in and over such lands. This Permit is a license only and does not convey or create any interest on the part of the City in the lands set forth on Attachment "A". The City understands and agrees that all costs will be borne by the City, that it will be responsible for all Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (Corps), if any, permits and construction will be in accordance with the requirements contained in and on Attachment "B". The Commission will retain all right, title and interest in and to such lands. This Permit is a license only and does not convey or create any interest on the part of the City in the lands described herein. The Department hereby authorizes, subject to final approval and concurrence by the 2 FHWA, the Commission, the District Engineer and the City to use the property set forth on Attaclunent "A" ("Property") for the terms, purposes and conditions herein set forth: 1) This Permit is expressly contingent upon the approval and concurrence of the FHWA. 2) This Permit shall be effective immediately upon its execution by the parties and is intended to be perpetual, beginning immediately upon its execution and subject to the terms and conditions contained herein; provided however, that either parry shall have the right to terminate this Permit, with or without cause, upon sixty (60) days written notice to the other parry. 3) The City shall use the Property only to construct a multi -use trail along Hwy 265 and crossing Interstate 49 and Hwy 71, which landscaping, irrigation, lighting and signage shall be shown on plans submitted to, and approved by the District Engineer, by issuance of a permit therefore, or such other use as is expressly approved in advance and in writing by the District Engineer. Facilities and improvements presently in place and approved under previous agreements between the Department and the City shall be deemed approved. The City shall not use the Property in any way that interferes with the Property's use for highway purposes. The City shall not access the property for maintenance from the shoulders or embankments of Interstate 49 and Hwy 71. 4) Notwithstanding any other provision regarding termination of this Permit, this Permit shall terminate upon five (5) days written notice to the City of Fayetteville, Arkansas, in the event that the City's use of the Property is changed without the prior written consent of the FHWA and the Department. 5) All improvements, excavation, construction, and any other condition on the Property shall comply with the then -current AHTD Standard Specifications where applicable, including those related to maintaining traffic flow and signs, and shall be subject to the approval of the AHTD District Engineer for the area. All such improvements, excavation, construction, and K, other conditions shall also be subject to FHWA concurrence where and if applicable. 6) No permanent or temporary improvements or alterations shall be made in, on, or upon the site without the written consent and approval of the FHWA and the District Engineer. 7) The City shall be solely and exclusively responsible for all costs associated with the removal, modification, or relocation of any utility within the Property, which is caused by the City's use ofthe Property. 8) The City shall be solely and exclusively responsible for payment of all taxes and assessments that may be legally assessed on the Property as a result of any Permit issued hereunder. 9) No signs, displays, or devices, may be placed within the right of way without the written consent of the District Engineer. No signs, displays, or devices, other than traffic control signs complying with the FHWA Manual on Uniform Traffic Control Devices, shall be erected on the Property unless specifically permitted by the District Engineer. All signs during the construction and maintenance on the Property shall conform to the FHWA Manual on Uniform Traffic Control Devices, as amended. This paragraph shall not be construed to allow the placement of any signs without the permission of the District Engineer. 10) The City, at its sole expense, shall keep and maintain the greenway at all times in an orderly, clean, safe, and sanitary condition. The City shall comply with all applicable federal, state, and local laws, ordinances and regulations while using, or in possession of the Property, including without limitation all environmental laws and regulations and FHWA regulations regarding the Property's use. 11) The City shall submit all construction plans for any proposed improvements on the Property for approval by the District Engineer prior to commencing any work. Any work performed by the City on the Property shall not unduly interfere with the flow of traffic. 11