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2005-05-03 - Agendas - Final
Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel Ci Attorney Kit WilliamsWard 2 Position I - Kyle B. Cook City YWard 2 Position 2 - Don Marr Cit Clerk Sondra Smith ayve elvi Ward 3 Position 1 - Robert K. Rhoads Y Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting - May 3, 2005 A meeting of the Fayetteville City Council will be held on May 3, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1. Approval of the Minutes: Approval of the April 5, 2005 and the April 19, 2005 City Council meeting minutes. APPROVED. 2. ADM 05-1481 (Sellers Road): A resolution approving ADM 05- 1481 amending the Master Street Plan, relocating the proposed Sellers Road, designated a minor arterial street, south to align with Woolsey Farm Road between 54d' and Rupple Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-05, 3. ADM 05-1482 (Broyles Avenue): A resolution approving ADM 05- 1482 amending the Master Street Plan, realigning the proposed Broyles Road, designated a collector street, in the manner approved by the Planning Commission for Large Scale Development (LSD) 05- 1385. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-05, 4. DBE Program Participation Goals FY2005 Approval: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) Program Participation Goals for FY2005 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-05, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 5. Exterior Restoration of Walker House: A resolution approving the use of Building Improvement Funds for the exterior restoration of the Walker House in an amount not to exceed $33,738.00; and authorizing City Staff to solicit bids for the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-05, 6. Drug Law Enforcement Grant: A resolution to approve a grant application for the 2005/2006 Drug Enforcement Grant and to approve a budget adjustment of $51 ,709.00 to offset a reduction in the grant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-05, 7. Van Scoyoc Associates Consulting Services: A resolution approving a Memorandum of Agreement with Van Scoyoc Associates in the amount of $85,000.00 to provide consulting legislative services in the amount of $75,000.00, plus expenses up to $ 10,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-05, B. UNFINISHED BUSINESS: 1 . Amend Chapter 96: Noise Control: An ordinance to add § 96.09 to the Code of Fayetteville to restrict the use of a compression release engine brake or "Jake Brake." This ordinance was left on the first reading at the April 5, 2005 City Council Meeting. This ordinance was tabled at the April 19, 2005 City Council Meeting to the May 3, 2005 City Council Meeting. THIS ITEM WAS TABLED INDEFINITELY. 2. RZN 05-1412 (Mountain Ranch/Terminella): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1412 for property located south of future Persimmon Street containing approximately 21 .05 acres from R-A, Residential Agricultural, to RSF-4, Residential Single Family, Four Units Per Acre. This ordinance was left on the second reading at the April 19, 2005 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4696. 3. RZN 05-1409 (SCB Investments, LLC): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1409 for property located at 1841 Leverett Avenue containing approximately 1 .43 acres from RSF-4, Residential Single Family, Four Units Per Acre, to RMF-24, Residential Multi-Family - 24 Units Per Acre. This Item Failed at the April 19, 2005 Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4697, C. NEW BUSINESS: 1. Amend § 96.05 Motor Vehicle and Motorcycle Sound Limit: An ordinance to amend § 96.05 Motor Vehicle and Motorcycle Sound Limit of the Code of Fayetteville. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayeacville.org THIS ITEM WAS LEFT ON THE SECOND READING OAHE ORDINANCE. 2. Madison Avenue Street Connection: A resolution approving the dedication of a 40- foot wide portion of City property as right-of-way to allow a street connection to Madison Avenue by the developer of the Hays Estates Subdivision. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-05, 3. Planning Commission Appeal: A request to appeal the Planning Commission's motion to deny a waiver for the construction of a dead-end street greater than 500' length should the City Council deny the request for dedication of a City property to the north of the subject property for a 40-foot wide right-of-way and construction of a City Street. THIS ITEM WAS WITHDRAWN BY THE PETITIONER. 4, RZN 05-1480 (Bill Eddy Motorsports): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1480 for property located at 1205 North Futrall Drive containing approximately 2.00 acres from C- 1 , Neighborhood Commercial to C-2, Thoroughfare Commercial. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4698, 5. Environmental Enterprise Group, Inc. Contract: An ordinance to waive normal competitive bidding and to award a contract in the amount of $30,855 .00 to Environmental Enterprise Group, Inc. for remediation, Demolition Project Management, and Air Monitoring. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4699, 6. Mountain Inn Demolition Contract: A resolution to approve a contract with Jimmy Patton Contractor Company in the amount of. $688, 137.95 for the demolition of the Mountain Inn Building, Courts Building, former Niblock Law Office and the Red Bird C66 as part of the Project Plan for the Highway 71 East Square Redevelopment District. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-05. 7. C-2 Projects, LLC Construction Contract: A resolution approving a construction contract with C-2 Projects, LLC in the amount of $ 1 , 169,336.25 for the Gregg Avenue Water System Improvements; approving a 10% Project Contingency in the amount of $ 116,933 .00; and approving a budget adjustment in the amount of $544,391 .00 for same. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 93-05. 8. Black & Veatch Amendment No.1 Noland Wastewater Treatment Plant: A resolution to approve Amendment No. 1 to the agreement for professional services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plant in a not to exceed amount of $ 1 ,478,000.00. THIS ITEM WAS TABLED TO MAY 10, 2005 SPECIAL MEETING. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 9. Easement Vacation Accessary - VAC 05-1455: An ordin• approving VAC 05- 1455 submitted by Buckley Blew for property located at 3187 E. Waterstone Drive vacating a utility easement as indicated on the attached map and legal description. THIS ITEM WAS ADDED AT THE MEETING BY CITY COUNCIL. IT WAS PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4700, 10. Condemnation of Feasibility Studies, Inc. property-North College Avenue Water Line Replacement Line: A resolution authorizing the city attorney to seek condemnation and possession of certain lands owned by Feasibility Studies, Inc. THIS ITEM WAS ADDED AT THE MEETING BY CITY COUNCIL. IT WAS PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 94-05, D. INFORMATIONAL: May 2, 2005 Council Tour: 4:30 PM May 2, 2005 Fire Station 7 Ribbon Cutting: 5:00 PM Meeting adjourned at 7:55 p.m. City Council Meeting May 3, 2005 • p Subject: PA �� 'L Motion To: Motion By: Seconded: Lucas Jordan Reynolds Thiel Cook Marr Rhoads Ferrell Mayor Coody Subject: A Motion To: � pp- ,, „ � Motion By: / , v &o^ Seconded: Lucas Jordan t/ Reynolds `7 Thiel Cook Marr Rhoads Ferrell Mayor Coody City Council Meeting May 3, 2005 • Subject: 1& 0-4 �vCOP&r64 Motion To: Motion By: Tt Q Seconded: Lucas r I i Jordan 1 � cynolds per► r,"`���p.\ Thiel Cook r/ I Marr ( o„ Rhoads ^ Ferrell l/�1N1 (Il Ou"I\, JV Mayor Coody Subject: � S �� T� ► v \ Qtl � �f[� l� Motion To: �� v Motion By: VD Seconded: Lucas r/ aJordani/ ' I - p Reynolds ✓ Thiel Cook Marr ( Jyu" Rhoads Ferrell l� Mayor Coody City Council Meeting May 3, 2005 • Subject: RZ A/b Motion To: 'faCekmo--) Motion By: Seconded: Lucas N Al Jordan A A I kidx�( Reynolds Thiel 1 A // V Cook Marr y ^ay Rhoads Ferrell Mayor Coody Subject: Q qt/p aS� � V l0 Motion To: C1CUl� `lAs./' Motion By: Seconded: Lucas Jordan 1I Reynolds JV Thiel i Cook Marrswwj hoads Al Ferrell Al Y` Lai I Mayor Coody �7 City Council Meeting May 3, 2005 • Subject: Motion To: Motion By: �v-e- Seconded: Lucas 6 , 95 Jordan Reynolds r/ Thiel v i Cook t/ Marr t/ J Rhoads V / Ferrell v Mayor Coody Subject: Motion To: Motion By: Seconded: Lucas Jordan J�� ) Reynolds Thiel Cook Marr Rhoads Ferrell Mayor Coody City Council Meeting May 3, 2005 • Subject: -Rz. / V Motion To: A d 31L�t Motion By: ZwIJU Seconded: Cr Lucas V r/ NJordan ,/ r✓ Reynolds LOOO� Thiel Cook ✓ i/ i/ Marr Rhoads / r/ Ferrell ✓ ✓ ✓ Mayor Coody Subject: U I JIb n G� Motion To: pLjq 0 Motion By: Seconded: Lucas ✓ Jordan ✓ �✓ Reynolds ✓ Thiel Cook ✓ ✓ Marr vl� ✓ ✓ Rhoads ✓ i✓ r/ Ferrell 4 I^qq Mayor Coody City Council Meeting May 3, 2005 Subject: Q Motion To: Motion By: Seconded: Lucas 1 Jordan �Q Reynolds Thiel ✓ j,54 Cook Marr � Rhoads ✓ Ferrell Mayor Coody �7 Subject: ftQ "; � ( � 1 ae� Motion To: Motion By: Seconded: Lucas Jordan ✓ / y Reynolds ✓ bA,6&V f Thiel ✓ n Cook � Marr Rhoads ✓ /y � ✓ �� Ferrell Mayor Coody N � rl City Council Meeting May 3, 2005 Subject: - Ci Motion To: / /) a( f Motion By: J4 tt 4 Lt �. Seconded: Lucas Jordan ✓ v ' 1� Jordan fi I n1 rJ Reynolds tiJA7� Thiel t✓ n / Cook ✓ Marr ✓ 1111av Rhoads J Ferrell Mayor Coody Subject: Q 0 /VRxGk'tY Motion To: I Motion By: Seconded: Lucas 8 . Jordan Reynolds ✓ 0 Thiel ✓ Cook ✓ Marr ✓ Rhoads ✓ l/ ( Ferrell �QN� Mayor Coody City Council Meeting May 3, 2005 • Subject: k Motion To: G1 �O Motion By: Seconded: Lucas ✓ kdA Jordan Reynolds V Thiel ©s' /`►� Cook Marr CRhoads Ferrell Mayor Coody Subject: Motion To: Motion By: Seconded: Lucas Gam"" Jordan ✓ ,/ �/ r '^^ Reynolds ✓ i/ �/ Thiel ✓ J n Cook ✓ r/ � I(Ilarr v ✓ a Rhoads ✓ C1 ' Ferrell ��JD � Mayor Coody City Council Meeting May 3, 2005 • • Subject: &(AQ eA,, A,Gj I Ar\ e &51 6 Motion To: Qd ` 0 i Motion By: Seconded: hh Lucas I ' V Jordan Q Reynolds Thiel Cook Marr ,Rhoads Ferrell Mayor Coody Subject: fJ � Q � Motion To: a/ ► n Motion By: Seconded: Lucas i/ OJordan Reynolds f Thiel �j Cook L000'G q,D Marr ✓ Rhoads Ferrell Mayor Coody Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coady Ward 1 Position 2 - Brenda Thiel Cit Attorney Kit Williams Ward 2 Position 1 - Kyle B. Cook Y Y ward 2 Position 2 - Don Marr Tayve e Ward 3 Position I - Robert K. Rhoads 4� City Clerk Sondra Smith Ward 3 Position 2 — Robes Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting May 3, 2005 A meeting of the Fayetteville City Council will be held on May 3 , 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1 . Approval of the Minutes: Approval of the April 5, 2005 and the April 19, 2005 City Council meeting minutes. 2. ADM 05- 1481 (Sellers Road): A resolution approving ADM 05- 1481 amending the Master Street Plan, relocating the proposed Sellers Road, designated a minor arterial street, south to align with Woolsey Farm Road between 54'h and Rupple Road. 3. ADM 05-1482 (Broyles Avenue): A resolution approving ADM 05- 1482 amending the Master Street Plan, realigning the proposed Broyles Road, designated a collector street, in the manner approved by the Planning Commission for Large Scale Development (LSD) 05- 1385 . 4. DBE Program Participation Goals FY2005 Approval: A resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) Program Participation Goals for FY2005. 5. Exterior Restoration of the Walker House: A resolution approving the use of Building Improvement Funds for the exterior restoration of the Walker House in an amount not to exceed $33,738.00; and authorizing City Staff to solicit bids for the project. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 6. Drug Law Enforcement Grant: A resolution to approve a grant application for the 2005/2006 Drug Enforcement Grant and to approve a budget adjustment of $51 ,709.00 to offset a reduction in the grant. 7. Van Scoyoc Associates Consulting Services: A resolution approving a Memorandum of Agreement with Van Scoyoc Associates in the amount of $85,000.00 to provide consulting legislative services in the amount of $75,000.00, plus expenses up to $ 10,000.00. B. UNFINISHED BUSINESS: 1 . Amend Chapter 96: Noise Control: An ordinance to add §96.09 to the Code of Fayetteville to restrict the use of a compression release engine brake or "Jake Brake." This ordinance was left air thefirst reading at the April 5, 2005 City Council Meeting. This ordinance was tabled at the April 19, 2005 City Council Meeting to the May 3, 2005 City Council Meeting. 2. RZN 05-1412 (Mountain Ranch/Terminella): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1412 for property located south of future Persimmon Street containing approximately 21 .05 acres from R-A, Residential Agricultural, to RSF-4, Residential Single Family, Four Units Per Acre. This ordinance Was left on the second reading at the April 19, 2005 City Council Meeting. 3. RZN 05-1409 (SCB Investments, LLC): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1409 for property located at 1841 Leverett Avenue containing approximately 1 .43 acres from RSF-4, Residential Single Family, Four Units Per Acre, to RMF-24, Residential Multi-Family — 24 Units Per Acre. This Item Failed at the April 19, 2005 Meeting. C. NEW BUSINESS: 1 . Amend §96.05 Motor Vehicle and Motorcycle Sound Limit: An ordinance to amend §96.05 Motor Vehicle and Motorcycle Sound Limit of the Code of Fayetteville. 2. Madison Avenue Street Connection: A resolution approving the dedication of a 40- foot wide portion of City property as right-of-way to allow a street connection to Madison Avenue by the developer of the Hays Estates Subdivision. 3. Planning Commission Appeal : A request to appeal the Planning Commission's motion to deny a waiver for the construction of a dead-end street greater than 500' length should the City Council deny the request for dedication of a City property to the north of the subject property for a 40-foot wide right-of-way and construction of a City Street 4. RZN 05- 1480 (Bill Eddy Motorsports): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1480 for property located at 1205 North Futrall Drive containing approximately 2.00 acres from C- 1 , Neighborhood Commercial to C-2, Thoroughfare Commercial . 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 5. Environmental Enterprise Group, Inc. Contract: An ordinance to waive normal competitive bidding and to award a contract in the amount of $30,855.00 to Environmental Enterprise Group, Inc. for remediation, Demolition Project Management, and Air Monitoring. 6. Mountain Inn Demolition Contract: A resolution to approve a contract with Jimmy Patton Contractor Company in the amount of $688, 137.95 for the demolition of the Mountain Inn Building, Courts Building, former Niblock Law Office and the Red Bird Cafe as part of the Project Plan for the Highway 71 East Square Redevelopment District. 7. C-2 Projects, LLC Construction Contract: A resolution approving a construction contract with C-2 Projects, LLC in the amount of $ 1 , 169,336.25 for the Gregg Avenue Water System Improvements; approving a 10% Project Contingency in the amount of $ 116,933 .00; and approving a Budget Adjustment in the amount of $544,391 .00 for same. 8. Black & Veatch Amendment No. ] Noland Wastewater Treatment Plant: A resolution to approve Amendment No. 1 to the agreement for professional services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plant in a not to exceed amount of $ 1 ,478,000.00. D. INFORMATIONAL: May 2, 2005 Council Tour: 4:30 PM May 2, 2005 Fire Station 7 Ribbon Cutting: 5:00 PM 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayeaeville.org A. 6 Drug Law Enforcement Grant City of Fayetteville Page 1 of 14 Staff Review Form City Council Agenda Items or Contracts 5/312005 1 Frank Johnson Police Police Submitted By Division Department Action Required: City Council approve by resolution the application to continue the Drug Law Enforcement Grant and a budget adjustment in the amount of $51 , 709.00. $141 ,709.00 $ 90,000.00 Transfer to Drug Grant Cost of this request Category/Project Budget Program Category / Project Name 1010-2900-7601 -93 $ - Account Number Funds Used to Date Program 1 Project Category Name $ 90,000.00 General Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached O Previous Ordinance or Resolution # Department rector Date Original Contract Date: Original Contract Number. City Attorney Received in City.Clerk's Office 26 as Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: A. 6 City of Fayetteville, Arkansas Drug Law Enforcement Grant Budget Adjustment Form Page 2 of 14 Budget Year Department: Police Date Requested Adjustment Number 2005 Division: Police 4/26/2005 Program: Support Services Project or Item Added/Increased: Project or Item Deleted/Reduced: Additional funds to cover Fayetteville's local match N/A requirement for the 2005 2006 Drug Enforcement Grant. This adjustment is required due to the reduction in federal funding. Justification of this Increase: Justification of this Decrease: .. The Fourth Judicial District Drug Task Force is the N/A combined effort of all law enforcement agencies in Washington County to combat illegal drug trafficking. By creating the multi jurisdicilional task force, information is gathered and utilized more efficiently. Also, all agencies have the ability to request help of all officers who are specifically trained to enforce drug laws. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number #N/A 1010 2900 7601 93 51 ,709 Decrease Expense Budget (Increase Revenue Budget) Account Name Account Number Amount Project Number Use of fund balance 1010 0001 4999 99 51 ,709 Approval Signatures Budget Office Use Only Type: A B C ED E Requested By Date Date of Approval Budget Manager Date Initial Date 6 �S Posted to General Ledger Departure t hector Date Initial Date Z Posted to Project Accounting Finfinc'6 & Internal Services Director Date Initial Date Entered in Category Log Mayor Date Initial Dale A. 6 Drug Law Enforcement Grant Page 3 of 14 FAYE'T'TEVILLE TME CRY OF FAYMEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Membersofthe City Council FROM: Frank Johnson, Chief of Police g� DATE: April 25, 2005 RE: Request to Apply for 2005/06 Drug Enforcement Grant The application for the attached grant was received Friday, April 22, 2005 and has a submission deadline of May 9, 2005. As a result of these time restrictions our only opportunity to request approval from you and the Council will be at the April 26"' Agenda Session. We apologize for any inconvenience this may cause you and the Council. Recommendation: Council approves application for the continuation of the Edward Byrne Memorial Grant as combined with the Local Law Enforcement Block Grant, (renamed Justice Assistance Grant or JAG), in the amount of$ 152,500. The application also requests funds from the State of Arkansas in the amount of $45,764. These grants total $ 198,314 for the support of the Fourth Judicial District Drug Task Force. The local share for the City of Fayetteville Police Department will be $ 134,500.00. Approval of a budget adjustment in the amount of $51,709 will be necessary to offset the reduction in grant funds (see discussion). Background: The Edward Byrne Memorial Grant has supported the Fourth Judicial District Drug Task Force since 1991 by providing 75% funding of all allowable costs. The City of Fayetteville Police Department has served as the lead agency and is responsible for grant administration. The 4fh Judicial Drug Task Force is comprised of Fayetteville, Springdale, Johnson, Prairie Grove, Lincoln, Farmington, West Fork, Greenland, Elm Springs, Elkins and Goshen Police Departments and the Washington County Sheriffs Department. The Fourth Judicial Prosecutor, Madison County Sheriff's Department and the University of Arkansas Police Department actively support the Task Force without being represented on the Control Group. Discussion: The federal funding contribution for this grant has been dramatically cut from 75% to 37.5% due to the State of Arkansas receiving a 50% reduction in pass-through funding for this year. To off-set part of these cuts, this application includes a request to the State of Arkansas for support totaling 15% of one sergeant, five officers, and one secretary, as well as, the necessary operating expenses. The remaining 47.5% and the non-allowable costs are supplied by participating agencies. A. 6 Drug Law Enforcement Grant Page 4 of 14 The Task Force is responsible for investigating drug related activities within Washington and Madison Counties with the above listed personnel. During the first nine months of the current grant period, investigators opened 603 separate drug cases and made 628 arrests. Included in these cases are the investigation and hazardous cleanup and disposal of eighty-three methamphetamine labs, seizure of 15 pounds of methamphetamine, 2 pounds of cocaine, 12 ounces of crack cocaine, 84 pounds of marijuana and 602 marijuana plants. Drug trafficking and the cost to combat it increases each year while grant funding has been continuously cut to a current level of 50%. Budget Impact: The funding provided by these grants along with matching funds and funding for ineligible costs (e.g. transportation cost, covert funds, personnel expenses, etc,) are provided by participating agencies to support the Drug Task Force. The General Fund's portion of this expense for July '05 through July '06 is $ 141 ,709 and a budget adjustment of $51 ,709 utilizing fund balance is attached. A. 6 Drug Law Enforcement Grant Page 5 of 14 APPLICATION FOR version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED May 5, 2005 Applicant Identifier 1. TYPE OF SUBMISSIONJ-01rNon-Construction 3. DATE RECEIVED BY STATE State Application Identifier Application e-application t� Construction Cnstruction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 91 Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Cit of Fayetteville Department Y Y Fourth Judicial District Drug Task Force Organizational DUNS: 07-160-768$ Division: Address: Name and telephone number of Person to be contacted on matters Street 113 West Mountain Street involving this application (give area code) Prefix: Mrs. First Name: Judy Cly. Fayetteville Middle Name County: Washington County Last Name Cohea State: Arkansas Zip Code 72791 Suffix: Country: Unite States Email: jcohea@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) ❑71❑—©RO [J[ R[W2 (479)587-3581 (479)587-3570 8. TYPE OF APPLICATION: 7. TYPE OF APPUCANT: (See back of form for Application Types) I. ' New Continuation '):` Revision C. Municipal If Revision, enter appropriate lettet(s) in box(es) (See back of form for description or letters.) ❑ Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Justice Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: TITLE (Name of Program): ❑1 ©-M�®m): Multijurisdictional Drug Task Force 12. AREAS AFFECTED BY PROJECT (Cities, Counties, Srafes, etc): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project 7/01/05 6/30/05 Third Congressional District, I Third Congressional District 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE a. Federal RDER 12372 PROCESS? 152,552 a. Yes. . THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON c. State 669562 DATE: d. Local 234,648 b. No. l;y PROGRAM IS NOT COVERED BY E- 0, 12372 e. Other t OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW I- Program Income W 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL 453,762 Yes If -Yes- attach an explanation. N No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Dan Middle Name Last Name COOdy uRx Title . Telephone Number (give area code Mayor ) (479)575-8330 . Signature of Authorized Representative . Date Signed Previous Edition Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reoroduction Prescribed by OMB Circular A-102 A. 6 Drug Law Enforcement Grant Page 6 of 14 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION OFFICE OF INTERGOVERNMENTAL SERVICES GENERAL PROJECT INFORMATION (Form IGS 1) 1 . Applicant Agency: City of Fayetteville Address: 113 W. Mountain Street 2. Project Director: Tracey Risley Tele # (a7Ql .sa7_:rsnnFax # (d7Ql rFt7-:AS77 Address: 100 A. West Rock Street, Fayetteville, AR 72701 E-Mail Address: trisley@ci.fayetteville. ar.us 3. Fiscal Officer: 11 iriv ( r has Tele #(479) 587-3581 Fax # ,A... C07 1c7n Address: 100 A. West Rock Street, Fayetteville, AR 72701 E-Mail Address: jcohea@ci.fayetteville.ar. us 4. Project Period: From July 1 , 2005 To June 30, 2006 5. Federal Purpose Number: #2 Program Title Multijurisdictional Task Force 6. Identify Counties and/or Cities in Which Program Will Operate: Washington and Madison Counties 7. If the Project is Multi-County/City indicate the Contracting Applicant Agency City of Fayetteville as , m on oun a ispn oun�Y em , i ies nn e, , os en Other Involved Agencies rairie rove, Lincyoln, armington, 1Nest Fork, Green�anr , Elm prin s 9 Elkins, Johnson, 4th Judicial Prosecutor and U of A Police Departmer>r 8. Population or Clients to be Served 1713958 9. This Program will be a New Activity, Enhancement of Existing Activities, or X Continuation of Project # 04-014 Ending Date 6/30/2005 10. Federal Funds Requested $ 152,552.00 State Match $ 66, 562.00 Local Match $ 234,648.00 Total $ 453,762.00 11 . Prior 12-Month Budget for the Service or Activity 439, 157.00 Program income, Washington and Madison County Sherrif, FourthJudicial 12. Source of Matching Funds -Prosecutor, Cities of Fayet eviller Spr,ingdale, i-ncoln,'Prairie Grove, ' Greenland, Johnson, Elm Springs, West Fork, and Farmington. 13. Project Summary Continue the multi-jurisdictional task force with a four member Control Group representing el law enfofcement agencies in Washington and Madison Counties. Continue to tar et narcotics distributors wit an emphasis on methamphetamine dealers and manufacturers. Also, continue t� maintain a database o rug re a em orma ion received froma aw enforcement agencies in Washington and Madison Counties. The data base will help prevent law;enforcement"agencies from spending resources working the same cases. 9 Id A. 6 Drug Law Enforcement Grant Page 7 of 14 CER-1 Assurances CERTIFIED ASSURANCES Page 1 of 3 1 . The applicant assures that federal justice assistance funds made available under the Anti-Drug Abuse Act will not be used to supplant slate and local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for justice assistance activities; 2. The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Bureau of Justice Assistance and the Department of Finance and Administration shall prescribe shall be provided to assure fiscal control, proper management, and effective disbursement of funds received under the Act; 3. The applicant assures that it shall maintain such data and information and submit the prescribed reports in the prescribed formats at the prescribed times as the Bureau of Justice Assistance and the Department of Finance and Administration may require; 4. The applicant assures that at the end of each federal fiscal year that the project is in force, and at the end of the project period, it will submit a performance report to the Department of Finance and Administration in a manner to be prescribed; _. 5. The applicant certifies that the program contained in this application meets all the requirements, and that all the information is correct, and that the applicant will comply with all provisions of the Anti-Drug Abuse Act of 1986 and all other applicable state and federal laws; 6. The applicant assures that before any budgetary or programmatic amendment is made to an approved program, it will submit such an amendment to the Department of Finance and Administration for review; 7. The applicant assures that it will comply, and all its subgrantees and contractors will compty, with any applicable statutorily-imposed non-discrimination requirements, which may include the Omnibus Crime Control and Safe ' Streets AG of 1968 (42 U.S.C. § 3789(d); the Victims of Crime Act (42 U.S.C. § 10604(e); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672 (b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the American with Disabilities Act of 1990 (42 U.S.C. § 12131- 34); the Education Amendments of 1972 (20 U.S.C. § 1681 , 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 8. The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC) of the Office of Justice Programs; 9. The applicant assures that if it is required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. seq., it should submit a certification to the state that it has a current EEOP on file which meets the requirements therein; 10. The applicant assures that it will comply with the provisions of the Department of Finance and Administration's "Justice Assistance Subgrant Procedures and Financial Management Guidelines'; 11 . The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part Il, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part-22, 29 A. 6 Drug Law Enforcement Grant Page B of 14 CER-1 Assurances CERTIFIED ASSURANCES Page 2 of 3 Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61 , Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures; 12. The applicant assures that in addition to all other audit requirements, it will allow the Division of Legislative Audit or any other independent or internal auditors of the Department of Finance and Administration to have access to the applicant's records and financial statements; (A) as may be necessary for the Department of Finance and Administration to comply with the 1996 Single Audit Act Amendments and Circular A-133, and other rules and/or regulations governing financial accounting and auditing guidelines, principles, and procedures; and (B) as may be requested by the Department of Finance and Administration to comply with any State or local government rules and/or regulations; 13. The applicant assures that it will fully participate in the compilation of statistical information as required by state agencies, i.e., providing complete finger print arrest information; 14. The applicant assures that both federal and matching funds used for this project will be used exclusively to support defined drug law enforcement activities, and will not be used to support any general purpose law enforcement or other activity maintained by the applicant; 15. The applicant assures that if the grant funds are used to support a Task Force, the Task Force Board of Directors or 'Control Group' will hold regularly scheduled meetings at least monthly, and will provide the State Drug Director with copies of the agenda and minutes of each meeting; 16. The applicant assures that if grant funds are used to support a Task Force, the Task Force Administrator and the Board of Directors will develop and/or maintain a detailed policy and procedures manual for the guidance of task force operations. 17. The applicant assures that all proposals for out of state travel for conference and' training will be submitted to the Arkansas Law Enforcement Committee for approval prior to any expense being incurred. 18. The applicant agrees to comply with the provisions of the federal Fair Labor Standards Act regarding the preparation and retention of time and attendance records affecting persons employed through financial assistance provided by the grant. The applicant also agrees to accept full responsibility for any compensatory time allowance or overtime pay obligations for persons employed within the project not funded by the grant. 30 A. 6 Drug Law Enforcement Grant Page 9 of 14 CER-1 Assurances CERTIFIED ASSURANCES Page 3 of 3 19. The applicant agrees that no officer or employee of its agency shall be involved in a decision that affects the applicant during the time of employment with the knowledge that there is an opportunity to further their interest as set forth in the Department of Justice, Office of Justice Programs Financial Guide. CERTIFICATION I certify that the program proposed in this application meets applicable requirements of the Anti-Drug Abuse Act, that all the information presented is correct, and that the applicant will comply with the provisions of the Act and all other applicable federal laws and applicable state laws and regulations. (Signature of Contracting Official) (Date) Dan Coody Mayor (Typed Name) (Title) 113 West Mountain Fayetteville , AR, 72701 (Address) (479) 575-8330 ( 479) 57548257 (Area Code/Telephone Number) (Area Code/Fax Number) 31 A. 6 Drug Law Enforcement Grant Page 10 of 14 CER-2 Audit Cost CERTIFICATION OF AUDIT COST As the Contracting Official for a Justice Assistance Program subgrant to the organization listed below, I certify that the OMB Circular A-133 audit status is an accurate projection of federal fund_expenditures for the fiscal year impacted by this grant, based on information presently available to me. Based on these projections, the audit status of the referenced organization will be as indicated below. AUDIT STATUS ONE: PROJECT AUDIT COST The applicant agency will expend less than $500,000 from all federal sources during its fiscal year. The Department of Finance and Administration will contract for audit services applicable to the Justice Assistance Program subgrant. The applicant will not budget audit funds. x AUDIT STATUS TWO: OVERALL SINGLE AUDIT COST A single audit must be procured by the applicant agency when the applicant agency expends $500,000 or more in federal funds from all sources during its fiscal year. Under these circumstances, the applicant agency may take one of two courses in paying for single audit costs. Check either (A) or (B) below to show your intent. (A) x The applicant agency will pay for the cost of the single audit from its own resources. (B) _ The applicant agency will develop an equitable formula for assigning single audit cost to each federal program from which grants are received. If you checked item (B), complete the grants listing below for your most recent fiscal year, even if you must use estimated data. This information will serve to verify the need for a single audit of yourfinances during the fiscal year this grant will be active. FEDERAL FUNDS EXPENDITURES Name of Most Recent Federal Apencv Fiscal Year Federal Dollars Expended (Use supplementary listing if needed) 32 A. 6 Drug Law Enforcement Grant Page 11 of 14 CER-2, Page 2 ESTIMATED TOTAL COST OF SINGLE AUDIT $ ESTIMATED SHARE OF SINGLE AUDIT COST TO BE PAID WITH JAG GRANT FUNDS $ Dan Coody Mayor Printed Name of Contracting Official Title and Organization Signature Date 33 A. 6 Drug Law Enforcement Grant Page 12 of U CER-3 Regarding Lobbying; Debarment and Drug-Free Workplace . CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under CFR Part 69, "New Restriction on Lobbying' and 28 CFR Part 67, 'Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1 . LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and Implemented at 28 CFR Part 69, for person entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with. the making of any Federal grant, the entering into of any cooperative agreement , and the extension, continuation, renewal , amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instruction: 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBLITIY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any other offenses enumerated in paragraph (1 ) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify any of the statements in this certification, he or she shall attach an explanation to this application. 34 A. 6 Drug Law Enforcement Grant Page 13 of 14 CER-3 Regarding Lobbying; Debarment and Drug-Free Workplace 3. DRUG-FREE WORKPLACE (SUBGRANTEES OTHER THAN INDIVIDUALS) The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with the Drug-Free Workplace Act of 1988, as implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. As the duly authorized representative of the agency, I hereby certify that the applicant will comply with the above certifications. (Signature of Contracting Officer) (Date) Dan Coody Mayor (Typed Name) (Title) 113 West Mountain Street Fayetteville , AR 72701 (Address) (479 ) 575-8330 (479) 575-5257 (Area Code/Telephone Number) (Area Code/Fax Number) 35 A. 6 Drug Law Enfor�cej�mpentq Grant CER-5 Employment of Qualified h ef5�flflel4 CERTIFICATION OF EMPLOYMENT OF QUALIFIED PERSONNEL By acceptance of this grant provided through the Edward Byrne Memorial Justice Assistance Grant Program (Justice Assistance Program) I certify the following: 1 ) All personnel employed on a salaried or contractual basis, and who function as law enforcement personnel under my authority for the purposes identified in this grant will be currently certified by the Arkansas Law Enforcement Training Academy, are in training at the Arkansas Law Enforcement Training Academy, or have applied and are awaiting admission to the Academy. For those personnel who are not certified and who are awaiting admission to the Academy, I agree to their participation in training activities designated as mandatory pre-Academy training by the Law Enforcement Committee of the Arkansas Alcohol and Drug Abuse Coordinating Council. 2) All personnel other than attomeys and law enforcement officers who are employed for purposes identified in this grant and who are paid from grant or grant matching funds have been determined to be qualified for the position they hold, based on my review of their education, training and experience. Dan Coody Printed Name Mayor Title Signature of Contracting Official Date 38