HomeMy WebLinkAbout166-24 RESOLUTIONFile Number: 2024-146
113 West Mountain Street
Fayetteville , AR 72701
(479) 575-8323
Resolution: 166-24
ILLINOIS RIVER WATERSHED PARTNERSHIP (LANDOWNER AGREEMENT):
A RESOLUTION TO APPROVE A LANDOWNER AGREEMENT WITH THE ILLINOIS RIVER WATERSHED
PARTNERSHIP FOR NATURAL STREAM RESTORATION OF AN UNNAMED TRIBUTARY OF FLYNN
CREEK WITHIN ROCKY BRANCH PARK
WHEREAS, staff have received concerns from landowners around the tributary that runs through Rocky Branch Park
for several years related to the loss of fencing and property damage associated with continued stream bank erosion; and
WHEREAS, the bank erosion is also contributing to sediment loads that ultimately drain to the Illinois River and on to
the Arkansas River ; and
WHEREAS, as a response to those concerns, staff completed a Capital Improvement Project budgetary request for
2024 that was approved by City Council ; and
WHEREAS, this agreement is an extension of that approved funding to begin the design and construction process for a
natural stream restoration .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I : That the City Council of the City of Fayetteville , Arkansas hereby authorizes Mayor Jordan to sign a
landowner agreement with the Illinois River Watershed Partnership for natural stream restoration of an unnamed
tributary of Flynn Creek within Rocky Branch Park .
PASSED and APPROVED on June 18 , 2024
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-146
MEETING OF JUNE 18, 2024
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
SUBJECT: Approval of a landowner agreement with the Illinois River Watershed Partnership
(IRWP) for natural stream restoration of an unnamed tributary of Flynn Creek within
Rocky Branch Park.
RECOMMENDATION:
Staff recommends approval of a landowner agreement with the Illinois River Watershed Partnership (IRWP) for
natural stream restoration of an unnamed tributary of Flynn Creek within Rocky Branch Park.
BACKGROUND:
For several years staff have received concerns from landowners around the tributary that runs through Rocky
Branch Park. Specifically, these concerns are related to the loss of fencing and property damage associated
with continued stream bank erosion. The bank erosion is also contributing to sediment loads that ultimately
drain to the Illinois River and on to the Arkansas River.
DISCUSSION:
As a response to these concerns of bank erosion and sediment/pollutant loading, staff completed a Capital
Improvement Project budgetary request for 2024 that was ultimately approved by Council. This agreement is
an extension of that approved funding to begin the design and construction process for a natural stream
restoration. As the stream is located within the Illinois River Watershed, IRWP also has an interest in
developing a solution to reduce sediment and pollutant loading within the Illinois River basin. The City has
partnered with IRWP for years to help educate the public about water quality efforts and implement water
quality projects. To further that partnership, attached is a landowner agreement between IRWP and the City of
Fayetteville. It is proposed that IRWP will take the lead on the project and have already engaged Natural State
Streams to begin the design. The proposed agreement would allow the City of Fayetteville to reimburse IRWP
for the City's portion of the project and to implement the project on City property.
BUDGET/STAFF IMPACT:
Sales tax capital improvement project funds were allocated within the 2024 budget for the project totaling
$275,000. These funds will be combined with $149,938 provided by IRWP to complete the project.
ATTACHMENTS: SRF (#3), Rocky Branch Agreement (#4)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-146
Approval of a landowner agreement with the Illinois River Watershed Partnership (IRWP) for
natural stream restoration of an unnamed tributary of Flynn Creek within Rocky Branch Park.
A RESOLUTION TO APPROVE A LANDOWNER AGREEMENT WITH THE ILLINOIS RIVER
WATERSHED PARTNERSHIP FOR NATURAL STREAM RESTORATION OF AN UNNAMED
TRIBUTARY OF FLYNN CREEK WITHIN ROCKY BRANCH PARK
WHEREAS, staff have received concerns from landowners around the tributary that runs through
Rocky Branch Park for several years related to the loss of fencing and property damage associated with
continued stream bank erosion; and
WHEREAS, the bank erosion is also contributing to sediment loads that ultimately drain to the Illinois
River and on to the Arkansas River; and
WHEREAS, as a response to those concerns, staff completed a Capital Improvement Project budgetary
request for 2024 that was approved by City Council; and
WHEREAS, this agreement is an extension of that approved funding to begin the design and
construction process for a natural stream restoration.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a landowner agreement with the Illinois River Watershed Partnership for natural stream
restoration of an unnamed tributary of Flynn Creek within Rocky Branch Park.
5/24/2024
Submitted Date
Yes
275,000.00$
275,000.00$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
275,000.00$
-$
Yes
No -$
-$
02108.2401
Project Number
Budget Impact:
Brookbury Stream Restoration
Fund
Sales Tax Capital Improvement4470.621.8810-5817.00
Account Number
Project Title
City of Fayetteville Staff Review Form
2024-146
Item ID
6/18/2024
City Council Meeting Date - Agenda Item Only
Approval of a landowner agreement with the Illinois River Watershed Partnership (IRWP) for natural stream
restoration of an unnamed tributary of Flynn Creek within Rocky Branch Park.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Chris Brown ENGINEERING (621)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
ILLINOIS RIVER WATERSHED PARTNERSHIP
The goal of this project is to improve water quality in the Clear Creek 10-Digit HUC, a priority sub-watershed located in Washington County, AR through the implementation of conservation and restoration practices along 700 linear feet of streambank along Rocky Branch Creek. Conservation practices include:
1. Streambank and Shoreline Protection-There are approximately 700 linear feet of streambank along Rocky Branch Creek that are experiencing moderate to severe streambank erosion and geomorphic instability. This section of stream is currently threatening public and private infrastructure, as well as contributing significant amounts of sediment to the watershed. A natural channel design approach will be taken to stabilize the areas of instability, restore appropriate channel dimensions, and promote aquatic habitat in Rocky Branch Park. 2. Riparian Forest Buffer- A revegetation plan will be developed by Natural State Streams to restore the acreage within the project area from non-native invasive species back to native vegetation that would naturally thrive in Rocky Branch Park. A riparian buffer is a multi-purpose practice that is designed to help stabilize bank erosion, filter out nutrients, sediments, and other pathogens, create shade, lower water temperatures, create pollinator habitat, and improve habitat for aquatic and terrestrial wildlife.
3. Invasive Species Management- There are multiple invasive species
throughout Rocky Branch Park such as Chinese Privet, Bush Honeysuckle,
Wintercreeper Euonymus, and others that need to be controlled. Most of
these species are tolerant of shade and disease, and are adaptable, aggressive
spreaders that form dense thickets and can often create monoculture. These
invasive species are detrimental to our native species, often providing little
food, cover, or habitat for wildlife. Treatment could include mechanical and/or
chemical applications.
LANDOWNER AGREEMENT
RIPARIAN RESTORATION PROGRAM
CONTRACTING PARTIES
This agreement is made by and between:
ILLINOIS RIVER WATERSHED PARTNERSHIP, whose address is 221 S. Main Street, Cave Springs, AR 72718, hereafter referred to as IRWP, LANDOWNER, whose name is City of Fayetteville, AR whose mailing address is 113 West Mountain Street, Fayetteville, AR 72701. This Agreement is effective beginning on the date it is signed by all parties and ends October 31, 2024.
All work will be performed on parcel(s) 765-19938-010 belonging to the City of Fayetteville, AR, described in maps in Exhibit A.
LANDOWNER
LANDOWNER grants IRWP and its contractors authority to complete the project described in Exhibit A. Any donation of supplies, equipment, or direct payment from IRWP to LANDOWNER for carrying out the projects or practices is included in Exhibit A. The activities conducted pursuant to this Agreement are not to replace, supplement or otherwise contribute to any mitigation or compensation that may be required of the LANDOWNER, IRWP, or other parties, as a result of any mandated requirements.
LANDOWNER guarantees ownership of the land described in Exhibit A and warrants that there are no outstanding rights that interfere with this Landowner Agreement.
LANDOWNER agrees to allow access (with advance notice) to IRWP and other contractors or cooperating partners to implement the project described in Exhibit A, and to monitor project success.
LANDOWNER retains all rights to control access and retains all responsibility for taxes, assessments, and damage claims.
LANDOWNER shall be under no obligation to IRWP after the term of the Agreement has expired on October 31, 2024 accept as described elsewhere in this agreement.
LANDOWNER agrees to maintain, and not destroy the project area for the total lifespan of the project (15 years), after IRWP’s initial establishment period has ended as described in Exhibit A.
LANDOWNER will NOT be responsible for replacing conservation practices that are damaged or destroyed by severe acts of nature.
LANDOWNER agrees to provide 65% match ($275,000) of the total project cost of ($424,938) via financial contribution. The City of Fayetteville’s financial obligation of approximately 65% of all eligible project costs, shall not exceed $275,000. IRWP will submit an invoice to the City of Fayetteville for up to, but not greater than $275,000 upon completion of the project.
IRWP
IRWP will work with LANDOWNER, contractors, and Cooperating Partners throughout the entire Agreement term to support actions needed to ensure that the project is designed and constructed per the Agreement.
IRWP, its agents, or assignees will provide advanced notice prior to accessing LANDOWNER’S property to implement the project described in the work plan, and to monitor project success.
IRWP assumes no liability for damage or injury on the above acreage. IRWP does not assume jurisdiction over the premises by this Agreement.
IRWP agrees to provide project management as well as 35% of all project costs, or up to $149,938 of the total project costs.
MODIFICATIONS TO AGREEMENT
This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party. However, if LANDOWNER terminates the Agreement before its expiration, or if LANDOWNER should materially default on these commitments, then LANDOWNER agrees to reimburse IRWP prior to final termination for the prorated costs of all riparian restoration activities placed on the land through this Agreement.
6/18/2024
Date
5/23/24
Date
5, '21 '21
IR Date
Exhibit A
Project Location Map
Narrative of Conservation Activities
May-July 2024
• Natural State Streams will finalize the survey and design process, providing
30% and 90% designs to IRWP and City of Fayetteville upon completion.
• Natural State Streams will apply for any necessary permitting required in
order to complete in-stream construction at Rocky Branch Park.
August-October 2024
• Natural State Streams will implement natural channel design streambank
stabilization, invasive species management, and revegetation of native
species in the project area.
Payment and Invoicing
IRWP Program Manager will track all project-related expenses and in-kind contributions.
IRWP will invoice City of Fayetteville for their match portion, not to exceed
$275,000, upon completion of restoration practices in October of 2024.
Proposed Project Budget
Project Element Proposed Cost/Bids
Survey, Planning, 100% Design, Permitting $42,250
Mobilization $10,000
Completed Construction and Revegetation $372,688
Total Project Cost $424,938
City of Fayetteville 65% Match $275,000
IRWP 35% Match $149,938