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HomeMy WebLinkAbout2009-09-01 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position I —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting September 1, 2009 A meeting of the Fayetteville City Council will be held on September 1, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: A. Consent: 1. Approval of the August 18, 2009 City Council meeting minutes. 2. 2009 Community Development Block Grant: A resolution approving a budget adjustment in the amount of $13,891.00 to recognize the revenue of an increase in the 2009 Community Development Block Grant. 3. 2009 American Recovery and Reinvestment Act: A resolution authorizing the Mayor to execute the funding approval/agreement with the U.S. Department of Housing and Urban Development to accept 2009 American Recovery and Reinvestment Act funding of Community Development Block Grant-R (CDBG-R) in the amount of $172,702.00; and approving a budget adjustment recognizing the grant revenue. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 4. Bid # 09-53 Refuse Roll-Off Truck: A resolution awarding Bid # 09-53 and approving the purchase of one (1) Peterbilt Cab and Chassis from Downing Sales & Service in the amount of $124,750.00 for use by the Solid Waste Division; approving $20,000.00 to mount the salvaged roll-off body to the chassis; and approving a budget adjustment in the amount of$144,750.00. 5. Enforcing Underage Drinking Laws Mini-Grant: A resolution accepting the Enforcing the Underage Drinking Laws Mini-Grant from the Arkansas Department of Finance & Administration in the amount of $7,000.00; and approving a budget adjustment recognizing the Grant Revenue. 6. 2009 Recovery Act Justice Assistance Grant (JAG): A resolution authorizing the Fayetteville Police Department to accept a 2009 non-matching Recovery Act Justice Assistance Grant in the amount of$456,807.00, $207,129.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with $106,765.00 to be disbursed to the City of Springdale and $88,913.00 to Washington County; and approving a budget adjustment recognizing the Grant Revenue. 7. Clear Creek Riparian Management Education & Demonstration Project: A resolution approving the City of Fayetteville's participation in the Clear Creek Riparian Management Education & Demonstration Project in association with the University of Arkansas Cooperative Extension Service. B. Unfinished Business: None. C. Public Hearing: 1. Blast From The Past Carriages: A resolution granting a Certificate of Public Convenience and Necessity to Blast from the Past Carriages for the operation of one (1) horse-drawn carriage within the City of Fayetteville, Arkansas. D. New Business: 1. Budget Adjustment For Operations: A resolution approving a budget adjustment transferring $600,000.00 from the Sales Tax Capital Fund to the General Fund for operations in order to offset revenue decline for FY2009. 2. EPA Region 6 Wetland Program Development Grant: A resolution authorizing acceptance of an EPA Region 6 Wetland Program Development Grant in the amount of $234,000.00 for a stream restoration demonstration on Niokaska Creek through Sweetbriar Park and other properties; and approving a budget adjustment recognizing the grant revenue. 3. Watershed Conservation Resource Center: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum of Understanding with the Watershed Conservation Resource Center (WCRC) in the amount of $188,000.00 for a Stream Restoration Demonstration Project on Niokaska Creek through Sweetbriar Park. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 4. VAC 09-3375 (Teresa Al-Ansari): An ordinance approving VAC 09-3375 submitted by Alan Reid for property located at 2831 North Sherwood Lane to vacate a portion of a utility easement containing approximately 497 square feet. 5. ADM 09-3256 (Fayetteville Alternative Transportation and Trails Master Plan Update): A resolution amending the Master Trail Plan Map to illustrate completed trails and to update future trail corridors and on-street bicycle facilities. 6. ADM 09-3256 (Amend City Plan 2025): A resolution amending the Master Street Plan in City Plan 2025 to add trails as a transportation component. 7. ADM 09-3256 (Amend Chapter 166 & 171): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 166: Development and Chapter 171: Streets and Sidewalks in order to codify trail easement acquisition policy and to adopt trail construction standards. 8. ADM 09-3345 (UDC Amendments): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapters 163: Use Conditions, 164: Supplementary Zoning Regulations, and 166: Development in order to resolve inaccurate cross references, eliminate unnecessary repeated information, and improve overall clarity and readability of the code. 9. Rock Quarries Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating rock quarrying facilities so that these facilities will not be nuisances. 10. Red Dirt Mining Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating red dirt mining facilities so that these facilities will not be nuisances. Agenda Additions: Announcements: 1. City Council Tour: August 31, 2009 Adjournment: 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position I —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Tentative Agenda City of Fayetteville Arkansas City Council Meeting September 1, 2009 A meeting of the Fayetteville City Council will be held on September 1, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: A. Consent: 1. Approval of the August 18, 2009 City Council meeting minutes. 2. 2009 Community Development Block Grant: A resolution approving a budget adjustment in the amount of $13,891.00 to recognize the revenue of an increase in the 2009 Community Development Block Grant. 3. 2009 American Recovery and Reinvestment Act: A resolution authorizing the Mayor to execute the funding approval/agreement with the U.S. Department of Housing and Urban Development to accept 2009 American Recovery and Reinvestment Act funding of Community Development Block Grant-R (CDBG-R) in the amount of $172,702.00; and approving a budget adjustment recognizing the grant revenue. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 4. Bid # 09-53 Refuse Roll-Off Truck: A resolution awarding Bid# 09-53 and approving the purchase of one (1) refuse roll-off truck from XXXXXXX in the amount of $XXX,XXX.XX for use by the Solid Waste Division; and approving a budget adjustment. 5. Enforcing Underage Drinking Laws Mini-Grant: A resolution accepting the Enforcing the Underage Drinking Laws Mini-Grant from the Arkansas Department of Finance & Administration in the amount of $7,000.00; and approving a budget adjustment recognizing the Grant Revenue. 6. 2009 Recovery Act Justice Assistance Grant (JAG): A resolution authorizing the Fayetteville Police Department to accept a 2009 non-matching Recovery Act Justice Assistance Grant in the amount of$456,807.00, $207,129.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with $106,765.00 to be disbursed to the City of Springdale and $88,913.00 to Washington County; and approving a budget adjustment recognizing the Grant Revenue. 7. Clear Creek Riparian Management Education & Demonstration Project: A resolution approving the City of Fayetteville's participation in the Clear Creek Riparian Management Education & Demonstration Project in association with the University of Arkansas Cooperative Extension Service. B. Unfinished Business: None. C. Public Hearing: 1. Blast From The Past Carriages: A resolution granting a Certificate of Public Convenience and Necessity to Blast From The Past Carriages for the operation of one (1) horse-drawn carriage within the City of Fayetteville, Arkansas. D. New Business: 1. Budget Adjustment For Operations: A resolution approving a budget adjustment transferring $600,000.00 from the Sales Tax Capital Fund to the General Fund for operations in order to offset revenue decline for FY2009. 2. EPA Region 6 Wetland Program Development Grant: A resolution authorizing acceptance of an EPA Region 6 Wetland Program Development Grant in the amount of $234,000.00 for a stream restoration demonstration on Niokaska Creek through Sweetbriar Park and other properties; and approving a budget adjustment recognizing the grant revenue. 3. Watershed Conservation Resource Center: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum of Understanding with the Watershed Conservation Resource Center (WCRC) in the amount of $188,000.00 for a Stream Restoration Demonstration Project on Niokaska Creek through Sweetbriar Park. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 4. VAC 09-3375 (Teresa Al-Ansari): An ordinance approving VAC 09-3375 submitted by Alan Reid for property located at 2831 North Sherwood Lane to vacate a portion of a utility easement containing approximately 497 square feet. 5. ADM 09-3256 (Fayetteville Alternative Transportation and Trails Master Plan Update): A resolution amending the Master Trail Plan Map to illustrate completed trails and to update future trail corridors and on-street bicycle facilities. 6. ADM 09-3256 (Amend City Plan 2025): A resolution amending the Master Street Plan in City Plan 2025 to add trails as a transportation component. 7. ADM 09-3256 (Amend Chapter 166 & 171): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 166: Development and Chapter 171: Streets and Sidewalks in order to codify trail easement acquisition policy and to adopt trail construction standards. 8. ADM 09-3345 (UDC Amendments): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapters 163: Use Conditions, 164: Supplementary Zoning Regulations, and 166: Development in order to resolve inaccurate cross references, eliminate unnecessary repeated information, and improve overall clarity and readability of the code. 9. Rock Quarries Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating rock quarrying facilities so that these facilities will not be nuisances. 10. Red Dirt Mining Facilities: An ordinance to prevent injury or annoyance within the corporate limits of Fayetteville by regulating red dirt mining facilities so that these facilities will not be nuisances. Agenda Additions: Announcements: 1. City Council Tour: August 31, 2009 Adjournment: 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City of Fayetteville Staff Review Form A.2 2009 Community Council Agenda Items Development Block Grant City 9 Page 1 of 10 and Contracts, Leases or Agreements 9/1/2009 City Council Meeting Date Agenda Items Only Yolanda Fields Community Services Development Services Submitted By Division Department Action Required: Approval of budget adjustment to recognize grant revenue incease of$13,891.00 to 2009 Community Development Block Grant. Cost of this request Category/Project Budget Program Category/Project Name 21800918432000 $ - Account Number Funds Used to Date Program/Project Category Name $ CDBG Project Number Remaining Balance Fund Name- Budgeted Item. Budget Adjustment Attached �JANk,C Previous Ordinance or Resolution# Dep— a>��nt for ' �D f Original Contract Date: /7 Original Contract Number: City Attorney Date in n e and Internal Mrvices Director - D to Received in Cityt Clerk's Of fce -0n Chief of taff Date EN ERED Received in Mayor's Office Mayor ate Staff recommends approval of the budget adjustment. Revised January 15,2009 '.. A.2 2009 Community Development Block Grant Page 2 of 10 CITY COUNCIL AGENDA MEMO To: Mayor and Council Thru: Jeremy Pate, Director of Devel ment Servicesly From: Yolanda Fields, CS Dir Date: August 5, 2009 Subject: 2009 Community Development Block Grant(CD-BG) Increase RECOMMENDATION Staff recommends approval of a budget adjustment to recognize grant revenue increase of $13,891.00 to 2009 Community Development Block Grant. BACKGROUND Fayetteville has been a Community Development Block Grant(CDBG) Entitlement city since 1975. Funding is based on a formula allocation that takes into account such factors as population,percent of low/moderate income persons, and the number of housing units. This process sets aside CDBG for the City of Fayetteville each year the Community Resources Division submits an annual "Action Plan" outlining the proposed used for the funds to the U.S. Department of Housing &Urban Development(HUD) for CDBG funding. If the Action Plan meets HUD requirements an agreement is received. This agreement must be executed,returned to the HUD field office in Little Rock then sent to Washington D.C. for the release of funds. Grant amounts vary each year dependent upon funding levels authorized by Congress through the annual federal budget process. The estimated award for the 2009 budget was $635,930.00—the actual grant award amount was $649,821.00. This change resulted in an increased grant revenue amount of$13,891.00. Increase has been added to the Housing Rehabilitation Program budget as detailed below. Grant funding detail: Administration $121,359 Housing Rehabilitation $293,889 Fayetteville Public Library $ 3,000 LifeSource $ 11,248 NWAEDD $ 7,604 Ozark Guidance $ 5,000 Peace at Home $ 14,915 Parks & Recreation(YRCC) $ 28,233 Taxi Program $ 11,000 Transportation Program $ 9,000 A.2 2009 Community Development Block Grant Page 3 of 10 Code Compliance $ 44,573 YouCan! $ 15,501 Youth Bridge $ 62,651 Parks & Recreation(YRCC) $ 21,848 Grant Total $649,821 DISCUSSION Grant increase amount will assist in the Housing Rehabilitation Program for the year. BUDGETIMPACT Increase to CDBG Grant Revenue of$13,891.00. A.2 2009 Community Development Block Grant Page 4 of 10 _ RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $13,891 TO RECOGNIZE THE REVENUE OF AN INCREASE IN THE 2009 COMMUNITY DEVELOPMENT BLOCK GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of$13,891 to recognize the revenue of an increase in the 2009 Community Development Block Grant. PASSED and APPROVED this 1st day of September, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.2 City of Fayetteville,Arkansas 2009 Community Budget Adjustment Form Development Block Grant Budget Year Department: Operations Date Requested Adjustment Number Division: Community Resources 2009 8/3/2009 Program: Housing Services Project or Item Added/Increased: Project or Item Deleted/Reduced: Increase CDBG Housing Contract Services by$13,891 None- Revenue increased to reflect increase in 2009 CDBG funding Justification of this Increase: Justification of this Decrease: 2009 CDBG funding increased by$13,891. Increase Budget Account Name Account Number Amount Project Number Contract Services 2180 4940 5315 00 13,891 Decrease Budget Account Name Account Number Amount Project Number Grant Funding 2180 0918 4320 00 13,891 V.090403 Di isio / Date' Budget&Research Use Only J Type: A B C 'T E Budget ectEor7 Date / �// Requested By /'�De et Date General Ledger Date Finance Director Date Posted to General Ledger Chief of Staff Date Initial Date A.2 2009 Community ent Block Grant Development° �) j��" ISS.Ut l uumlrOl or BoAND L�als+v nx;$��eentim-1, l;lllc Rock I i^Id Office, Rtgson ioo A VI I g o Opiu of the Field Office Director 425 Nest Capitol Awnne,Suite 1000 a� WSS $9 Little Rock 1R 72201 g�1Noizsewo Phone l%h918-5700 - Fax (501)3'_4-6142 wiruthud.gar esyanol.hnd.gov JUN ? 5 2009 %ECEI VE® Honorable Lioneld Jordan JUN Mayor, City of Fayetteville 2 9 2009 C1OF 113 West Mountain MgyoRs OFFICE Fayetteville, AR 72701 Dear Mayor Jordan: I am pleased to inform you that the City of Fayetteville's Consolidated Plan/Annual Action Plan has been approved for Fiscal Year 2009 for the formula allocation of$649,821 for the Community Development Block Grant (CDBG) program. The Program Year for these funds began on January 1, 2009. It is noted that the Consolidated Plan/Annual Action Plan submitted for the use of these funds used a planning figure of$635,930, which is less than the actual funding amount. Accordingly, please make the necessary corrections in your proposed budget and activities to reflect the actual funding received. Also, please provide this office with a copy of your revised budget within 15 days of the date of this letter. Enclosed are four copies of the Grant Agreement and Funding Approval form that have been executed by this office. This document constitutes the contract between the U. S. Department of Housing and Urban Development (HUD) and the City of Fayetteville for the CDBG program. Please sign all copies. After execution, please return three copies to this office as soon as possible. The third copy should be retained in the City's files. HUD Form 7015.15, Request for Release of Funds and Certification (RROF), under the provision of 24 CFR Part 58 (Environmental Review Procedures for the Community Development Block Grant Program) for program year 2009 activities was received in this office on November 18, 2008. It appears that activities scheduled for 2009 do not require the preparation and dissemination of an environmental impact statement. An executed Form HUD 7015.16, Notice of Removal of Grant Conditions, is enclosed. Funds for these activities may be obligated/expended upon receipt of this form. The special condition in your Grant Agreement and Funding Approval concerning the review procedures under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs and HUD's implementing regulations at 24 CFR Part 52, restricts the obligation or expenditure of funds for the planning or construction of water or sewer facilities until the completion of the review process and receipt of written notification of release of funds from HUD. Since you have not submitted your Consolidated Action Plan (CP) for review under E.O. 12372, we assume you do not propose to use funds for activities subject to review. However, the condition requires that in the event you amend or otherwise revise your CP to use funds for the planning or construction of water or sewer facilities, you must receive written release of funds from HUD before obligating or expending funds for such activities. A.2 2009 Community Development Block Grant Page 7 of 1(, We have enclosed information relative to compliance with Section 3 of the Housing and Urban Development Act of 1968. This is a reminder of the priority the Department places on ensuring that employment opportunities are made available to local residents as required. On behalf of the Department, I wish the City of Fayetteville much success in the use of these resources to implement the City's community development initiatives. If you have any questions or if we may be of any assistance to the City in the implementation of its CDBG program, please contact me at (501) 918-5700, or Rhonda Shannon, Community Planning and Development Representative, at (501) 918-5732. Sincerely, wr-,� Alice Rufus Field Office Director Enclosures cc: Ms. Yolanda Fields A.2 2009 Community Development Block Grant Page 8 of 10 Section 3 is a provision of the Housing and Urban Development Act of 1968, which recognizes that HUD funds are typically one of the largest sources of federal funding expended in communities through the form of grants, loans, entitlement allocations and other forms of financial assistance.Section 3 is intended to ensure that when employment or contracting opportunities are generated because a covered project or activity necessities the employment of additional persons or the awarding of contracts for work,preference must be given to low- and very low-income persons. A"section 3 resident'is: 1) a public housing resident; or 2) a low-or very low-income person residing in the metropolitan area or Non-metropolitan County in which the Section 3 covered assistance is expended. Section 3 business concerns are businesses that can provide evidence that they meet one of the following: • 51 percent or more owned by Section 3 residents • At least 30 percent of its full-time employees include persons that are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents • Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in the above two paragraphs Each recipient of Section 3 covered HUD financial assistance shall submit an annual report to the Assistant Secretary for the purpose of determining the effectiveness of Section 3 (HUD form 60002). Section 3 summary reports are required even if the recipient agency did not undertake any activities that triggered the requirements. The Section 3 summary reports must be submitted to the following address or online at www.hud.2ov/offices/fheo/section3/section3.cfm: A.2 2009 Community Development Block Grant Page 9 of 10 2009 Consolidated Action Plan Project Listing/Budget REVISED Community Development Block Grant 12009 Project Listing/Budget ADMINISTRATION $ 121,359.00 HOUSING $ 293,889.00 REDEVELOPMENT $ 44,573.00 PUBLIC SERVICES $ 90,000.00 Fayetteville Public Library $ 3,000.00 LifeSource $ 11,248.00 NWAEDD $ 7,604.00 Ozark Guidance $ 5,000.00 Peace at Home $ 14,915.00 Taxi Program $ 11,000.00 Transit Program $ 9,000.00 Yvonne Richardson Center $ 28,233.00 PUBLIC FACILITIES $ 100,000.00 YouCAN! $ 15,501.00 Youth Bridge $ 62,651.00 - Yvonne Richardson Center $ 21,848.00 TOTAL $ 649,821.00 Revised Project Listing/Budget to reflect increase in actual allocation above the planning figure used in the submitted 2009 Action Plan. The planning figure was$635,930.00,the actual allocation is$649,821.00 which is an increase of $13,891.00. The entire increase is being allocated to the Housing Program increasing the 2009 Housing budget from$279,998.00 to$293,889.00. A.2 2009 Community Development Block Grant Page 10 of 10 City of Fayetteville Staff Review Form A.3 2009 American Recovery and Reinvestment Act City Council Agenda Items Page I of 14 and Contracts, Leases or Agreements September 1 2009 City Council Meeting Date Agenda Items Only Yolanda Fields Community Services Development Services Submitted By Division Department Action Required: Approval of Mayor's authority to execute the agreement for the 2009 American Recovery and Reinvestment Act 2009 funding for Community Development Block Grant-R(CDBG-R). Cost of this request Category/Project Budget Program Category/Project Name 2180.0915.4320.00 $ - Account Number Funds Used to Date Program/Project Category Name $ CDBG Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �x Oo.U9•Jg Previous Ordinance or Resolution# De rtmen hector Date Original Contract Date: • Original Contract Number: City Attorne Da e Anancend Internal Services Director Date Received in City Clerk's Office Chief of S Date t Received inOIL / , �I Mayor's Office Ma or Date Comments:Staff recommends approval of Mayor's authority to execute the 2009 CDBG-R agreement. Revised January 15,2009 A.3 2009 American Recovery and Reinvestment Act Page 2 of 14 CITY COUNCIL AGENDA MEMO To: Mayor and Council Thru: Jeremy Pate, Director of Development Services d` From: Yolanda Fields, CS Dir Date: August 5, 2009 Subject: American Recovery and Reinvestment Act of 2009 Community Development Block Grant Recovery(CDBG-R) RECOMMENDATION Staff recommends approval of Mayor's authority to execute the American Recovery and Reinvestment Act of 2009 Community Development Block Grant Recovery(CDBG-R). BACKGROUND The American Recovery and Reinvestment Act of 2009 (Recovery Act), was signed into law on February 17, 2009, appropriated Community Development Block Grant(CDBG) funds to states and local governments to carry out, on an expedited basis eligible activities under the CDBG program. The Recovery Act is an effort to jumpstart the American economy, save and create jobs, and address long-neglected challenges. The City of Fayetteville has been awarded $172,702.00 in CDBG-R funds. Funding will be used to provide energy efficiency rehabilitation for buildings in the CDBG Public Facility Program. Grant funding detail: 818 N. Sang $ 60,000 1932 S. Garland $ 65,000 2052 S. Garland $47.702 Grant Total $172,702 DISCUSSION Projects will provide jobs for our community as well as improving the energy efficiency of the public facilities provided to local non-profits. BUDGETIMPACT Grant revenue- $172,702. A.3 2009 American Recovery and Reinvestment Act Page 3 of 14 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FUNDING APPROVAL/AGREEMENT WITH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ACCEPT 2009 AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING OF COMMUNITY DEVELOPMENT BLOCK GRANT-R (CDBG-R) IN THE AMOUNT OF $172,702.00; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute the Funding Approval/Agreement with the U.S. Department of Housing and Urban Development to accept 2009 American Recovery and Reinvestment Act funding of Community Development Block Grant-R (CDBG-R) in the amount of$172,702.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. PASSED and APPROVED this 1st day of September, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer A.3 Funding Approval/Agreement U.S. Department of Housing and Urban Developmer{009 American Recovery Title I of the Housing and Community Office of Community Planning and Development and Reinvestment Act Development Act(Public Law 930383) Community Development Block Grant Program Page 4 of 14 HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3.Grantee's 9-digit Tax ID Number 4.Date use of funds may begin City of Fayetteville 71-6018462 (mm/dd/yyyy) 06/03/2009 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 113 West Mountain B-09-MY-05-0001 $172,702 Fayetteville,AR 72701 51b.Project/Grant No.2 6b.Amount Approved 5c.Project/Grant No.3 Be.Amount Approveds,` Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pmsuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title aagsjst;f%e•tae, HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time), and this Funding Approval, including any spUrarebn ' ons • •'• constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to 41111 op',',' execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date S&i£ad $em• 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may Tobe funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the , diag• The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulatioirs�, tNe'.'.' - Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agree HE sub-recipient entities to which it makes funding assistance hereunder available. , U.S.Department of Housing and Urban Development (By Name) Grantee Name James E.Slater Honorable Lioneld Jordan Title Title Director,Comrrknity Planning and Development Mayor Signature Date(mm/cid") Signature Date(mmld*M) 7.Category isle I Assistance for this Funding Action B.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) (mm/dd/yyyy) 06/03/2009 ®a.Ong.Funding ®a.Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) ®Attached (mm/dd/yyyy) 7/30/2009 ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (mm/dd/yyyy) ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑f.Special Purpose Grants,Sec 107 Block Grant FY( ) FY( ) FY(2009) (. ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $172,702 b.Funds now being Approved $172,702 c.Reservation to be Cancelled 0- H 1 a _11a minus llb 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency - Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount hrmldd/yyyy) F ® 176 ® DOOM = = 0 D 0 YY Project Number Amount I DY Protect Number Amount Date Entered PAS(mm/dd/yyyy) Date Entered LOOCS(mm/ddtyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) A.3 2009 American Recovery and Reinvestment Act Page 5.of 14 E.O. 12372 SPECIAL CONTRACT CONDITION ` WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expanded for the planning or construction of water or sewer facilities until receipt of written notification from BUD of the release of funds on completion of the review procedures required under E..Wcutive Order (B.O. ) 123720 Intergovernmental Review of Federal Programs, and BUD's implementing regulations at 24. CPR Part 52. The recipient *hall also complete the review procedures required under R.O. 12372 and 24 CPR Part 52 and receive written notification from 80D of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under B.O. 12372 and ,implementing regulationy. A.3 Funding Approval/Agreement U.S. Department of Housing and Urban Developmert 009 American Recovery Title I of the Housing and Community Office of Community Planning and Development and Reinvestment 1Act Development Act(Public Law 930383) Community Development Block Grant Program g O HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3.Grantee's 9-digit Tax ID Number 4.Date use of funds may begin City of Fayetteville 71-6018462 (mm/dd/yyyy) 06/03/2009 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 113 West Mountain B-09-MY-05-0001 $172,702 Fayetteville,AR 72701 5b.Project/Grant No.2 61b.Amount Approved 5c.Project/Grant No.3 6c.Amount Approd'G1 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is¢,ad Al CRthe authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time), and this Funding Approval, including any'sPW C • • 'icytg,{ constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available t;•T e0d ba execution of the Agreement by the parties, The funding assistance specified in the Funding Approval may be used to pay costs incurred after the di to sli i •ijt�tejtt} 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may Wt b Sidwitfi.• funding assistance specified here unless they me authorized in HUD regulations or approved by waiver and listed in the special conditions to thg•Qep& 9L•. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regul3titxM •(Fie Secretary pursuant to Section 104(8)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence tX'4 r1B •'yf,•. sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development (By Name) Grantee Name James E. Slater Honorable Lioneld Jordan Title Title Director,Community Planning and Development Mayor Signatur Date( m/dd/ ) Signature Date(mm/dd/yyyy) VVV� 7.Category of Title I Assistance for this Funding Action 8.Special Conditions I 9a.Date HUD Received Submission 10.check one (check only one) (check one) (mmlddyyyy) 06/03/2009 ®a.Orig.Funding ®a.Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) ®Attached (mmlddlyyyy) 7/30/2009 ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (mraddlyyyy) ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑I.Special Purpose Grants,Sec 107 Block Grant FY( ) FY( ) FY(2009) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $172,702 b.Funds now being Approved $172,702 c.Reservation to be Cancelled 1 to minus 11 b 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with '.. respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/ddyyyy) F ® 176 ® DO0m = � = 0 D 0 Y Project Number Amount U UY Project Number Amount Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd(yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) A.3 2009 American Recovery and Reinvestment Act Page 7 of 14 B.O. 1237? SPECIAL CONTRACT CONDITION ` WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expanded for the planning or construction of water or sewer iacilitie• until receipt of written notification from BUD of the release of funds on completion, of the review procedures required under Eascutive Order P.O. ) 12372, Intergovernmental Review of Federal Programs, and nun's implementing regulations at 24, CFR Part 52. The recipient *hall also complete the review procedures required under B.O. 12372 and 24 CPR Part 52 and receive written notification from BUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under B.O. 12372 and implementing regulationle. A.3 Funding Approval/Agreement U.S. Department of Housing and Urban Developmen7too9 American Recovery Title I of the Housing and Community Office of Community Planning and Development pad Reinvestment81Act Development Act(Public Law 930383) Community Development Block Grant Program g HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3.Grantee's 9-digit Tax ID Number 4.Date use of funds may begin City of Fayetteville 71-6018462 (mm/dd/yyyy) 06/03/2009 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 Be.Amount Approved 113 West Mountain B-09-MY-05-0001 $172,702 Fayetteville,AR 72701 51b.Project/Grant No.2 6b.Amount Approved 5c.Project/Grant No.3 6c.Amount Approvte '� Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made�,u77Ruan� [Po tree authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et sect.).The Grantee's submissions for Title I assistance,Ihg, HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time), and this Funding Approval, including any,cpetyd[ Ruts,"" constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to itiaG.n •tjpgn: execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs inured after the dat�spb¢ld it2rR.".• 4 above provided the activities to which such costs me related are carried out in compliance with all applicable requirements. Pre-agreement costs may"44, oijtili-X funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the FRnt5 A sd W. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulai—' ,t17e:" Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to'd[aN hibX•:•• sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development (By Name) Grantee Name James E.Slater Honorable Lioneld Jordan Title Title Director,Comma n lanning and Development Mayor Signature Date(mm/dd/ ) Signature Date(mmlddlyyyy) nil 7.Category of Title I Assistance for this unding Action B.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) mm/ddl a. ®a.Entitlement,Sec 106(b) ❑None ( Grantee 06tified 09 Approval n nding 9b.Date Grantee Notified ❑b.State-Administered,Sec 106(d)(1) ®Attached (mm/dd/yyyy) 7/30/2009 ❑b.Amendment ❑c.HUD-Administered Small Cities,See 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (nmlddlyyyy) ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑ I.Special Purpose Grants,Sec 107 Block Grant FY( ) FY( ) FY(2009) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $172,702 b.Funds now being Approved $172,702 c.Reservation to be Cancelled 1 to minus 11 b 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terns and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature - HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F M 1 5 3 FMOM11 = 17 g6 �Y Project Number Amount �Y Pra'ec__.I. tNumberAmount Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mmldd/yy7y) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) A.3 2009 American Recovery and Reinvestment Act . Page 9 of 14 B.O. 12372 SPECIAL CONTRACT CONDITION WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expanded for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under z;-ecutive Order (B.O. ) 12372, Intergovernmental Review of Federal Programs, and BUD's implementing. regulations at 24• CFR Part 52. The recipient shall also complete the review procedures required under B.O. 12372 and 24 CPR Part 32 and receive written notification from BUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under N.D. 12372 and implementing regulationb. A.3 City of Fayetteville,Arkansas 2009 American Recovery Budget Adjustment Form and Reinvestment Act Budget Year Department: Operations Date Requested Adjustment Number 2009 Division: Community Resources $/3/2009 Program: Public Facilities & Improvements Project or Item Added/Increased: Project or Item Deleted/Reduced: Increase Sang Avenue account by$60,000. Increase None-increase in revenue from CDBG-R grant Head Start Rehab account by$47,702. Increase Domestic Violence Shelter account by $65,000. Justification of this Increase: Justification of this Decrease: Allocation of CDBG-R grant amount Increase Budget Account Name Account Number Amount Project Number 5cz a-H-a�l-�eo1 �e� Decrease Budget Account Name Account Number Amount Project Number i� V.090403 visio Date s Budget&Research Use Only Type: A B C D E Budget Direc or Date 0�tGoll Requested By _LZ �eCdS ire or Date _ General Ledger Date Finance Director Date Posted to General Ledger Chief of Staff Date Initial Date A.3 2009 American Recovery and Reinvestment Act Budget Adjustment Detail Backup Page I I of 14 S��,rtae Qawnve. Increase t@Grease Account Name Account Number Budget -Budget Project# Sub# Project Description Sang Ave Senior Center X2180.4990.5390.16 60,000 Head Start Rehab 2180A990l5390.23 47,702 Domestic Violence Shelter 2180.4990.5390.27 ' 65,000 Grant Funding 2180.0918.4320.00 172,702 Page 1 of 5 C:\Documents and Settings\rafields\Desktop\Budget Adjustments\BA Form A.3 2009 American Recovery pn R inv stment Act 7'0A U'S.DEPARTMENT OF HOUSING AND URBAN DEVE age 'o 1 14 Little Rock field Office Region VI Office of the field Office Director 425 West Capitol Avenue.Suite 1000 Little Rock,AR 72201 Phone (501)918-5700 - Fax (501)324-6142 - wtvw.hud.gov espunol.had.gov July 30, 2009 Honorable Lioneld Jordan Mayor, City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Jordan: The American Recovery and Reinvestment Act of 2009 (Recovery Act), signed into law on February 17, 2009, appropriated $1 billion in CDBG funds to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG program. The Recovery Act is an unprecedented effort to jumpstart the American economy, save and create millions of jobs, and address long-neglected challenges so our country can thrive in the 21" century. The CDBG program is a key component in state and local efforts to stabilize neighborhoods and create jobs. The Department is pleased to announce that the Substantial Amendment to your jurisdiction's Fiscal Year 2008 Action Plan has been approved. The city of Fayetteville has been authorized to receive$172,702 in Community Development Block Grant Recovery(CDBG-R) Program funding. Please note that all CDBG-R funds must be spent not later than September 30, 2012. Please be advised that HUD establishes a cut-off date for submission of draw requests several days before the end of a fiscal year because of systems and disbursing related issues. You will be notified of the expenditure cut-off date for the CDBG-R grant funds in 2012. Enclosed are three copies of the Grant Agreement(including the Funding Approval (Form HUD-7082) and Special Conditions)between the U. S. Department of Housing and Urban Development(HUD) and the city of Fayetteville for the CDBG-R Program. Please return two copies of the executed grant agreement to this office. In order to establish a Line of Credit for your CDBG-R grant, it will be necessary to execute and return two copies of the Grant Agreement,retaining one copy for your files. Failure to execute and return the grant agreements within 30 days of the transmittal date may be deemed to constitute rejection of the grant and cause for HUD to determine that the funds are available for reallocation to other grantees. If there is a need to delete or add individuals authorized to access the Integrated Disbursement and Information System (IDIS), an IDIS Security Access Authorization Form (February 1999) must be prepared, notarized, and returned to this office with the Grant Agreement. Program progress must be recorded in IDIS on a regular basis. HUD will use this system to obtain beneficiary data and monitor your jurisdiction's program implementation and performance. If there is need to establish or change the depository account to which these grant funds are to be wired, a Direct Deposit Sign-Up Form (SF-1199A) must be completed by you and your financial institution and mailed to this office.