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Home My WebLink About2013-02-19 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting February 19, 2013 A meeting of the Fayetteville City Council will be held on February 19, 2013 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: City Council Meeting Presentations, Reports and Discussion Items: 1. City of Distinction Award - Crews and Associates Agenda Additions: A. Consent: 1. Approval of the February 5, 2013 City Council meeting minutes. APPROVED 2. Safe Routes to Schools Grant: A resolution to approve and support a grant application to the Arkansas State Highway and Transportation Department in the amount of $81,248.00 for partial funding for the Clabber Creek Trail Bridge along Salem Road as part of the Safe Routes to Schools Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Springdale Dodge: A resolution approving the purchase of one (1) 2013 Dodge Ram 1500 pickup truck from Springdale Dodge in the amount of $24,200.00, pursuant to a state procurement contract, for use by the Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-13 4. North Point Ford: A resolution approving the purchase of two (2) Ford F-150 pickup trucks from North Point Ford of North Little Rock in the total amount of $30,140.00, pursuant to a state procurement contract. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-13 5. Riggs Cat of Springdale: A resolution approving the purchase of four (4) Caterpillar 420F backhoe/loaders from Riggs Cat of Springdale in the total amount of$399,640.00, pursuant to a state procurement contract, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-13 6. Williams Tractor of Fayetteville: A resolution approving the purchase of five (5) Hustler Super Z mowers from Williams Tractor of Fayetteville in the total amount of $66,595.00, pursuant to a state procurement contract, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-13 7. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the total amount of $2,631.00 representing donation revenue to the Community Services Division Ranger's Pantry Pet Food Bank. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-13 8. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2013 when received in the estimated amount of$540,787.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 35-13 9. McClelland Consulting Engineers: A resolution approving a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges, and approving a budget adjustment recognizing federal grant revenue in the amount of$223,257.00. REMOVED FROM CONSENT FOR DISCUSSION AND TABLED TO MARCH 5, 2013 CITY COUNCIL MEETING 10. Meadow Valley Trail Airspace Permit: A resolution approving an airspace permit agreement with the Arkansas State Highway and Transportation Department for the Meadow Valley Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 36-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: None C. New Business: 1. Amend Chapter 50 Garbage and Trash: An ordinance amending Sections 50.01 Definitions, 50.20 Service Requirements and 50.40 Rates for Services of Chapter 50: Garbage and Trash of the Code of Fayetteville. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5565 D. City Council Agenda Session Presentations: 1. Economic Development Contract Quarterly Report- Chung Tan & Steve Clark E. City Council Tours: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 2. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 7:00 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: February 19,2013 Adjourn: 7!00 AN, Subject: Roll Tennant Schoppmeyer Adams ✓ Long Gray d` Marsh Kinion m Petty Mayor Jordan rf Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan City Council Meeting: February 19,2013 A. 4 Subject: Consent A'""oo'4 Motion To: Motion By: Seconded: le-it A Tennant ft". io Schoppmeyer f J�/apresUzd Adams ✓ /► , 9. Long ✓' °a .Gray �✓' Ouse"-m++ Marsh Kinion ` Petty Mayor Jordan -O Subject: , 9. M., P�A4&w&iia,lua-1 a��ibn2 !Seocto'ndedyd oon Tonn /�IMtiP.wQ, : G,r.&J tion Bi n i : Tennant01 V� Schoppmeyer w 4't Adams rvv u Long sole .5, x'0/3 GrayiF9`hs v Marsh Kinion Petty Mayor Jordan City Council Meeting: February 19,2013 Subject: None Motion To: Motion By: Seconded: B. 1 Tennant Unfinished Schoppmeyer Business Adams Long Gray Marsh Kinion Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan City Council Meeting: February 19,2013 Subject: Amend Chapter 50 Garbage and Trash Motion To: Au'" r ow s Motion By: #16AaA, Seconded: & C. 1 Tennant New Schoppmeyer ,/ '� ✓ Business Adams / R/ ✓ ✓ j Long �/ ,/ ✓ �/ PWY3 Gray ,� '✓ ✓ ,/ r Marsh Kinion ,/ ✓ ✓ ✓ Petty 5 / Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan —Fay t1i ele Departmental Correspondence Ell LEGALS DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: February 20, 2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 19, 2013 1. Safe Routes to Schools Grant: A resolution to approve and support a grant application to the Arkansas State Highway and Transportation Department in the amount of $81,248.00 for partial funding for the Clabber Creek Trail Bridge along Salem Road as part of the Safe Routes to Schools Program. 2. Springdale Dodge: A resolution approving the purchase of one 2013 Dodge Ram 1500 pickup truck from Springdale Dodge in the amount of$24,200.00, pursuant to a state procurement contract, for use by the Police Department. 3. North Point Ford: A resolution approving the purchase of two Ford F-150 pickup trucks from North Point Ford of North Little Rock in the total amount of $30,140.00, pursuant to a state procurement contract. 4. Riggs Cat of Springdale: A resolution approving the purchase of four Caterpillar 420F backhoe/loaders from Riggs Cat of Springdale in the total amount of $399,640.00, pursuant to a state procurement contract, and approving a budget adjustment. 5. Williams Tractor of Fayetteville: A resolution approving the purchase of five Hustler Super Z mowers from Williams Tractor of Fayetteville in the total amount of $66,595.00, pursuant to a state procurement contract, and approving a budget adjustment. 6. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the total amount of $2,631.00 representing donation revenue to the Community Services Division Ranger's Pantry Pet Food Bank. 7. Community Development Block Grant: A resolution authorizing the Mayor to execute the CDBG agreement for 2013 when received in the estimated amount of $540,787.00. S. Meadow Valley Trail Airspace Permit: A resolution approving an airspace permit agreement with the Arkansas State Highway and Transportation Department for the Meadow Valley Trail. 9. Amend Chapter 50 Garbage and Trash: An ordinance amending §§ 50.01 Definitions, 50.20 Service Requirements and 50.40 Rates for Services of Chapter 50: Garbage and Trash of the Code of Fayetteville. i 2 Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting February 19, 2013 A meeting of the Fayetteville City Council will be held on February 19, 2013 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: City Council Meeting Presentations, Reports and Discussion Items: 1. City of Distinction Award - Crews and Associates Agenda Additions: A. Consent: 1. Approval of the February 5, 2013 City Council meeting minutes. 2. Safe Routes to Schools Grant: A resolution to approve and support a grant application to the Arkansas State Highway and Transportation Department in the amount of $81,248.00 for partial funding for the Clabber Creek Trail Bridge along Salem Road as part of the Safe Routes to Schools Program. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Springdale Dodge: A resolution approving the purchase of one (1) 2013 Dodge Ram 1500 pickup truck from Springdale Dodge in the amount of $24,200.00, pursuant to a state procurement contract, for use by the Police Department. 4. North Point Ford: A resolution approving the purchase of two (2) Ford F-150 pickup trucks from North Point Ford of North Little Rock in the total amount of $30,140.00, pursuant to a state procurement contract. 5. Riggs Cat of Springdale: A resolution approving the purchase of four (4) Caterpillar 420F backhoe/loaders from Riggs Cat of Springdale in the total amount of$399,640.00, pursuant to a state procurement contract, and approving a budget adjustment. 6. Williams Tractor of Fayetteville: A resolution approving the purchase of five (5) Hustler Super Z mowers from Williams Tractor of Fayetteville in the total amount of $66,595.00,pursuant to a state procurement contract, and approving a budget adjustment. 7. Ranger's Pantry Pet Food Bank: A resolution approving a budget adjustment in the total amount of $2,631.00 representing donation revenue to the Community Services Division Ranger's Pantry Pet Food Bank. 8. Community Development Block Grant (CDBG): A resolution authorizing the Mayor to execute the Community Development Block Grant (CDBG) agreement for 2013 when received in the estimated amount of$540,787.00. 9. McClelland Consulting Engineers: A resolution approving a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges, and approving a budget adjustment recognizing federal grant revenue in the amount of$223,257.00. 10. Meadow Valley Trail Airspace Permit: A resolution approving an airspace permit agreement with the Arkansas State Highway and Transportation Department for the Meadow Valley Trail. B. Unfinished Business: None C. New Business: 1. Amend Chapter 50 Garbage and Trash: An ordinance amending Sections 50.01 Definitions, 50.20 Service Requirements and 50.40 Rates for Services of Chapter 50: Garbage and Trash of the Code of Fayetteville. D. City Council Agenda Session Presentations: 1. Economic Development Contract Quarterly Report- Chung Tan & Steve Clark 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 E. City Council Tours: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City of Fayetteville Staff Review Form A. 10 �p ry ,r i t , Meadow Valley Trail Airspace Permit 1' I ` City Council Agenda Items Page 1 of 24 ti ! / and / Contracts, Leases or Agreements 1r 4W13 City Council Meeting Date Agenda Items Only Matt Mihalevich Engineering Development Services Submitted By Division Department Action Required: Staff requests the Mayor's signature on the attached Airspace Permit with the Arkansas State Highway and Transportation Department for the Meadow Valley Trail (Formerly U of A Farm Trail)at Porter Road and 1-540. NIA NIA WA Cost of this request Category/Project Budget Program Category/Project Name N/A NIA NIA Account Number Funds Used to Date Program/Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached —AA C, pL-Q-?AI3 Previous Ordinance or Resolution# Department oliector Date Original Contract Date: tel~ -2 - I/ - Z)l 3 Original Contract Number: City Attor Date Finance and Internal Services Director Date Received in City Clerk's Office ADte /1.-- C ief of toff Date FTE. g Received in H • j Mayor's Office µ—. EIA Comments: Revised January 15,2009 A. 10 Meadow Valley Trail Airspace Permit a e evi lie Page 2 of 24 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Thru: Don Marr, Chief of Staff �p Jeremy Pate, Development Services Director(} Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator�� Date: February 8th, 2013 Subject: Airspace Permit PROPOSAL: Staff requests the Mayor's signature on the attached Airspace Permit with the Arkansas State Highway and Transportation Department for the Meadow Valley Trail (Formerly U of A Farm Trail) at Porter Road and I- 540. RECOMMENDATION: City staff has been working with the Arkansas Highway and Transportation Department (AHTD) for several years to obtain permit approval to extend the Meadow Valley Trail west and north under I-540 to connect to the bike lanes along Mt. Comfort Road and future sections of Shiloh Trail. The attached Airspace Permit is a standard requirement for AHTD when a trail crosses interstate highway property. City Attorney Kit Williams has been working with AHTD attorneys to remove language that would have required the City to keep an insurance policy to indemnify AHTD for incidents on the trail. The attached Airspace Permit represents the final language agreed upon by both Kit and the AHTD attorneys. The Meadow Valley Trail connects to Scull Creek Trail,just north of Poplar Street and extends west along the south edge of the University of Arkansas Agricultural Experiment Station toward Garland Ave. At Garland, the trail then heads northwest through the Agri Park and safely crosses under Garland Avenue through a new tunnel. From the tunnel the trail continues west along Knapp Street, then back south to connect to Porter Road at I-540. BUDGETIMPACT: None. �t rYl' x ur•.o _ a Kr xa lao edok".�a i ace Permit my� � �anvasra m WHUPIR wo I�Y¢ ez1631$vN a - �• F ��..�. e °u t $ i A A 1 r�.�. LL d 41 Wlniuc�"p It 9 p ® X41 e ltl `Yhv l NN18311p' l yyd Y Y •� y a �1i 31Vmyd - ce -�i- ooyp'.° 9e •`YS1lTIYfV!'�I3�, ry ael,ll�. f"z�,34$It HO II j_l1=,E A ..�l L1 l s p = y YSI I eqh 1 1 1 34VU; All CMW W C Ertl g de I r 1 1 x �1 • el �iA Vr k y y I 1 c - sal 1 ddWYC a W 1 I BilION @3= dp*(§ yyq ., i �, ,", f 3nvou'vilha C a 1 o�'d B --- ,4C = t..y1 F- a ,•6 Rnaa �� idl C C a� � ® l Js. f� XYN ello3n1�!1eail. . 6t 3 d I l 1 ! *'� ' � � �•J , , 1 1 f r II O x -�• i fill O l : • 3 0 �; N Y. Y .�Tm •'�t �J o N 1 r aTi .. a t > IN • ' Vft CL pp a � r�•= d. ! CL 7 nt _ pa 4r ;^I - Nl G I• z LU va/l 3 rc . i w F e (M .^Yk, m Cc) y� 0 1 E I l y 3 sa 5 a ? 91 % W nl r� T M N"Olos ak d O \ mg3y�Vp -w d r t aod_\linnanai Y ICY al J 0 a 0 i V �, 1 14 a• ¢A� _ ! Y Y Y ~-" �'� Wx I 9�I,liNial'�il - - rA �� = f N m m NR AvgQ avat,•'• . •. \ >. • A. 10 Meado Tr it Airspace Permit ARKANSAS STATE HIGHWAY Pi MVED AND FEB 7 2013 TRANSPORTATION DEPARTMENT cl M°voRAs OFFICE LE Scott E. Bennett P.O. Box 2261 Director fl�] Little Rock,Arkansas 72203-2261 Telephone(501)569-2000 1� Telefax(501)569-2400 Voice/TTY 711 www.arkansashighways.com February 6, 2013 Honorable Lioneld Jordan Mayor, City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 U of A Farm Trail Porter Road Washington County Airspace Permit Mayor Jordan: Enclosed for review and signatures are two copies of the Airspace Permit necessary for the U of A Farm Trail project. Upon approval please forward both signed copies to me at the address below. If the City of Fayetteville has any questions or needs any additional information about this Airspace Permit please contact me. Sine rely, CZJames F. Braden Assistant Division Head Right of Way Division AHTD Right of Way Division 10324 Interstate 30 Little Rock, AR 72209 501-569-2314 iames.braden cr ahtd.ar.eov A. 10 Meadow Valley Trail Airspace Permit Page 5 of 24 RESOLUTION NO. A RESOLUTION APPROVING AN AIRSPACE PERMIT AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE MEADOW VALLEY TRAIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Airspace Permit Agreement with the Arkansas State Highway and Transportation Department so that the Meadow Valley Trail can use highway right of way at the Porter Road exit to cross I540 and authorizes Mayor Jordan to sign this agreement. A copy of the Airspace Permit Agreement, marked Exhibit"A," is attached hereto and made a part hereof. PASSED and APPROVED this 19th day of February, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A. 10 Meadow Valley Trail Airspace Permit Page 6 of 24 AIRSPACE PERMIT CITY OF FAYETTEVILLE U of A Farm Trail Porter Road This Airspace Permit ("Permit") is based upon the authority granted the Arkansas State Highway Commission ("Commission") in Ark. Code Ann. § 27-67-304(b) (Repl. 1994), and the Arkansas State Highway and Transportation Department ("AHTD" or "Department"), pursuant to Commission Minute Order No. 2012-008, and is subject to the approval of the Federal Highway Administration ("FHWA"). The parties to this Permit are the Department and the City of Fayetteville, Arkansas ("City"). The City has requested use of certain lands owned by the Commission, more fully set forth on Attachment "A", for a purpose that does not interfere with the public use of the property for highway purposes. This Permit shall supersede and replace all terms and conditions of any previous, if any, agreement between the City and the Department governing the use of the property set forth on Attachment "A", ("Property"). See Attachment "A" Legal Description and Right of Way Maps attached hereto and made a part hereof. And also See Exhibit "A" U of A Farm Trail attached hereto and made a part hereof. The City proposes to construct a "multi-purpose pedestrian trail", known as the U of A Farm Trail, along Interstate 540 right of way and have the trail to the City to be constructed on and near the locations set forth on Job Number 4706-4- U of A Farm Trail as Exhibit "A". The Department's District Engineer has made a preliminary determination that such use will not interfere with the public use of the property for highway purposes. However, any final determination of such issue will not be made until detailed plans and specifications of the improvements the City proposes to make have been submitted to the District Engineer for final approval. The Commission will retain all right, title, interest, supervision, and jurisdiction in and P:\Commission\AirSpacePermit-Fayetteville 1540.doc A. 10 Meadow Valley Trail Airspace Permit Page 7 of 24 over such lands. This Permit is a license only and does not convey or create any interest on the part of the City in the lands set forth on Exhibit"A". In addition to the foregoing plans to construct a "multi-purpose pedestrian trail' along Interstate 540 right of way and have the trail known as the U of A Farm Trail, which was requested by the City of Fayetteville, Arkansas, this Permit is for the City of Fayetteville to construct and assume maintenance of the area of the "multi-purpose pedestrian trail' specified on the attachment as Porter Road at Interstate 540 and Arkansas Highway 16 — Highway 112 in Washington County for the purpose of providing a "multi-purpose pedestrian trail' to the City with the U of A Farm Trail to the city. In addition, the City understands and agrees that all costs will be borne by the City, that it will be responsible for all Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (Corps), if any, permits and construction will be in accordance with the requirements contained in and on Attachment "A". The Commission will retain all right, title and interest in and to such lands. This Permit is a license only and does not convey or create any interest on the part of the City in the lands described herein. The Department hereby authorizes, subject to final approval and concurrence by the FHWA, the Commission, the District Engineer and the City to use the property set forth on Attachment"A", ('Property") for the terms, purposes and conditions herein set forth. 1) This Permit is expressly contingent upon the approval and concurrence of the FHWA and submission of final plans and specification of the proposed improvements to the District Engineer and his issuance of a permit to the City approving its plans and authorizing it to proceed with construction of such permitted improvements. P:\Commission\AirspacePermit-Fayetteville 1540.doc A. 10 Meadow Valley Trail Airspace Permit Page 8 of 24 2) This Permit shall be effective immediately upon its execution by the parties and is intended to be perpetual, beginning immediately upon its execution and subject to the terms and conditions contained herein; provided however, that either party shall have the right to terminate this Permit, with or without cause, upon sixty (60) days written notice to the other party. 3) The City shall use the Property only to construct a "multi-purpose pedestrian trail" along Interstate 540 and Porter Road right of ways, known as the U of A Farm Trail, which landscaping, irrigation, lighting and signage shall be shown on plans submitted to, and approved by the District Engineer, by his issuance of a permit therefore, or such other use as is expressly approved in advance and in writing by the District Engineer. Facilities and improvements presently in place and approved under previous agreements between the Department and the City shall be deemed approved. The City shall not use the Property in any way that interferes with the Property's use for highway purposes. 4) Notwithstanding any other provision regarding termination of this Permit, this Permit shall terminate upon five (5) days written notice to the City of Fayetteville, Arkansas, in the event that the City's use of the Property is changed without the prior written consent of the FHWA and the Department. 5) All improvements, excavation, construction, and any other condition on the Property shall comply with the then-current AHTD Standard Specifications where applicable, including those related to maintaining traffic flow and signs, and shall be subject to the approval of the AHTD District Engineer for the area. All such improvements, excavation, construction, and other conditions shall also be subject to FHWA concurrence where and if applicable. 6) No permanent or temporary improvements or alterations shall be made in, on, or upon the site without the written consent and approval of the FHWA and the District Engineer. P:1Commission\AirSpacePermit-Fayetteville 1540 doe A. 10 Meadow Valley Trail Airspace Permit Page 9 of 24 7) The City shall be solely and exclusively responsible for all costs associated with the removal, modification, or relocation of any utility within the Property, which is caused by the City's use of the Property. 8) The City shall be solely and exclusively responsible for payment of all taxes and assessments that may be legally assessed on the Property as a result of any Permit issued hereunder. 9) No signs, displays, or devices, may be placed within the right of way without the written consent of the District Engineer. No signs, displays, or devices, other than traffic control signs complying with the FHWA Manual on Uniform Traffic Control Devices, shall be erected on the Property unless specifically permitted by the District Engineer. All signs during the construction and maintenance on the Property shall conform to the FHWA Manual oil Uniform Traffic Control Devices, as amended. This paragraph shall not be construed to allow the placement of any signs without the permission of the District Engineer. 10) The City, at its sole expense, shall keep and maintain the "multi-purpose pedestrian trail" at all times in an orderly, clean, safe, and sanitary condition. The City shall comply with all applicable federal, state, and local laws, ordinances and regulations while using, or in possession of the Property, including without limitation all environmental laws and regulations and FHWA regulations regarding the Property's use. 11) The City shall submit all construction plans for any proposed improvements on the Property for approval by the District Engineer prior to commencing any work. Any work performed by the City on the Property shall not unduly interfere with the flow of traffic. 12) The City agrees to occupy and use the Property at its own risk and expense, P:\CommissionWirSpacePemiit-Fayetteville 1540 doc A. 10 Meadow Valley Trail Airspace Permit Page 10 of 24 13) The City of Fayetteville does not waive its sovereign statutory immunity, but acknowledges that the City has full legal responsibility for the proper design, construction, maintenance and operation of this trail within the Arkansas Highway and Transportation Department's right-of-way for I-540. The City acknowledges that the Highway Department and Highway Commission have no duty or responsibility to users of this City trail, and therefore can have no liability related to the design, construction, maintenance or operation of this City trail. If the Arkansas Claims Commission ever grants a claim against the Highway Department or Highway Commission for an injury or other damage to a person using this Fayetteville City Trail within this Air Space Permit area, the City of Fayetteville agrees to pay this claim for the Highway Department or Highway Commission. 14) The Commission, the Department, and the FHWA, and any officer, employee or agent thereof, retain and shall have the right to enter the Property at any time without notice to the City. 15) The Commission and Department reserve, and shall have the right, at their sole discretion, to take immediate possession of the Property in case of any national or other emergency (including temporary emergencies such as weather emergencies, traffic accidents, hazardous material spills and other such events that may be hazardous or obstruct traffic), and for the protection and maintenance of the highway facility, in which event the terms of this Permit shall be suspended. 16) If the City violates any of the conditions contained in this Permit, or if the City discontinues use of the Property for more than sixty (60) days, the Department may, without notice, declare any Permit issued hereunder terminated. P:\Commission\AirSpacePermit-Fayetteville 1540.doc A. 10 Meadow Valley Trail Airspace Permit Page 11 of 24 17) Upon termination of this Permit (or any permit issued hereunder) for any reason, the City shall peaceably surrender the Property to the Commission in good order and repair, excepting reasonable use and wear thereof, damage by earthquake, fire, public calamity, the elements, or other unavoidable casualty. The Property shall be restored to its previous condition at the expense of the City; provided, if any improvements are not removed after thirty (30) days written notice from the Department to the City, the Department may: (a) proceed to remove the improvements and restore the Property, and the City shall pay the Department upon demand the reasonable cost of removal and restoration; or, (b) the Commission may, in its sole and absolute discretion, elect to declare the improvements property of the Commission, whereupon all right, title and interest of the City therein shall forthwith terminate and vest in the Commission. No cost shall be attributed to the FHWA under any part of this Permit. 18) This Permit may not be assigned and all obligations and duties of the City hereunder shall be considered non-delegable. 19) The City, as a part of the consideration hereof, does hereby covenant and agree that no person shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the facilities on account of race, color, sex, national origin, or disability, and that in the construction of any improvements on, over, and under the Property, and the furnishing of services thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on account of race, color, sex, national origin, or disability. The City further covenants that it shall use the Property in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Effectuation of Title VI of the Civil Rights Act of 1964, as amended. In P:\Commission\P.irSpacePermit-Fayetteville 1540.doc A. 10 Meadow Valley Trail Airspace Permit Page 12 of 24 the event of breach of any of the nondiscrimination covenants, the Department shall have the right to terminate this Permit or any permit issued hereunder without further notice. 20) The Property shall retain its character as a public right of way and the City may not charge any person a fee of any kind whatsoever to enter or use the Property, nor permit or sublease the exclusive use of the Property to any individual, entity, association, or organization of any kind whatsoever. No vending shall be allowed within the area of the Property. 21) It is understood that granting of this Permit to the City of Fayetteville, Arkansas, does not impair or relinquish the Commission's right to use the Property for right of way purposes for the construction, maintenance, or reconstruction of the traffic facility, nor shall use of the land under this Permit ever be construed as abandonment by the Commission of land acquired for highway purposes. The permitted use by the City shall remain subordinate to the Commission's ownership and use of the property for highway purposes. 22) It is understood by the parties that this Permit may be executed in any number of copies, each of which shall be deemed an original. P:\Commission\AirSpacePermit-Fayetteville 1540.doc A. 10 Meadow Valley Trail Airspace Permit Page 13 of 24 Executed on this day of , 2013. ARKANSAS STATE HIGHWAY AND CITY OF FAYETTEVILLE,ARKANSAS, TRANSPORTATION DEPARTMENT, PERMITEE PERMITOR By: By: Scott E. Bennett Lioneld Jordan, Mayor Director of Highways and Transportation By: Sondra Smith, City Clerk P:\Commission\AirSpacePermit-Fayetteville 1540-2.doc A. 10 Meadow Valley Trail Airspace Permit Page 14 of 24 ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, Scott E. Bennett, to me well known as the Director of Highways and Transportation, who stated that he had executed the foregoing Airspace Permit for and on behalf of the Arkansas State Highway Commission, for the consideration and purposes therein mentioned and set forth and was authorized so to act by proper resolution of the Commission in Minute Order No. 2012-008, dated the 8a'day of February, 2012. WITNESS my hand and seal as such Notary Public on this day of , 2013. Notary Public My Commission Expires: P:\Commission\AirSpacePermit-Fayetteville I 540-2.doc A. 10 Meadow Valley Trail Airspace Permit Page 15 of 24 ACKNOWLEDGMENT STATE OF ARKANSAS) ) ss COUNTY OF WASHINGTON) BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, duly commissioned, qualified and acting within and for said County and State aforesaid, the within named Lioneld Jordon and Sondra Smith, to me well personally known, who stated that they were the Mayor and the City Clerk, respectively, of the City of Fayetteville, Arkansas, and were duly authorized in their capacities to execute the foregoing instrument for and in the name of and on the behalf of said City of Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of , 2013. Notary Public My Commission Expires: P:\Commission\AirSpacePemi4Fayetteville 1540-2.doc A. 10 Meadow Valley Trail Airspace Permit Page 16 of 24 MMU-PURPOSE PEDESTRUN TnM CENTERLINE DESCRIPTION ARID JOB 4706-SEC.4 FED.AID PROJECT Fi?D-011-3(45) RW- 112 WHBRBAS,the City ofFayetteville,Washiml fon County,Arkansas,has requested an Airspace Permit to use certain highway right nF way,located in the City of Fayetteville,and owned by the .4rkansasStatellighwayand 1lausportafionLlepartmenf,a22' wideeasement for the purposoof . constructing a 12'wide MultiPurpose PedestrianTrail under the 1-540 bridge at Porter Road,the centerline ofsaid Pedestrian Trail described ast follows: A part of the Bast half(E r/)of the Southeast Quarter(SE r/4)of section Six(6)and a part of the Southwest Quarter(SW Y4) of the Southwest Quarter(SW 1/4) of Section Five (5), all being in Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commenciag at a found aluminum AHTD right of way monument(stamped 2012 P.S.#I201)on the l�Iorthwesterly right-of-way tine of 1-540 at Construction Centerline Station 403+80.00,offset 344.76 feet lest as Per ARM.J'OB NO. 4706, Sec.4;thence along sold right-of-way line Nodh 66059'07"Bask 91.80 feet to the POINT OF B]3G]NNING being at centerline Station 2+03.61 of said Multi-Purpose Pedestrian Trail, said point being at said ConstrucEion Centerline Station 404+57.11,296.05 teak left of said Interstate 540;thence leaving said right of-way line along said centerline ofsaid trail on a 159009'18"degree of curve right an arc length of32.to feet to Station 2+35.71; thence continuing along said centerline South 0000648" Bast 113A1 feet to station 3+49.12; thence continuing along said centerline South 04°16'15" West 56.16 feet to Station 4+05.28, thence continuing along said centerline South 02°34' 1" West 240.35 feet to Station 6+45.62; thence continuing along said centerline South 03048'15" Bast 39.63 feet to Station 6+85.26; thence continuing along said centerline South 02959928" Bast 63.77 feet to Station 7+49.02, thence•continuing along said centerline South 01053'03" West 123.32 feet to Station 8+72.34; thence continuing along said centerline South 04030213" West 93.76 feet to Station 9+66.11; thence continuing along said centerline South 03026122" West 91.99 feet to Station 10+58.10; thence continuing along said centerline South 08°37'06"West 22.84 feet to Station 10+80.94; thence continuing along said centerline South Ol°32'15" West 81.70 feet to Station 11+62.63;thence along said centerline on a 1145°54'56"degrae of curve left an arc length of 7.99 feet to Station 11+70.62; thence continuing along said centerline North 89059942" Bast 38.03 feet to Station 12+08.65;thence along said centerline on a 286°28'44"degree carve to the right an are length of 36.15 feet to Station 12+44.80; thence continuing along said centerline South 13°34'02"West 11.79 feet to Station 12+56.59;thence continuing along said centerline on a 103°14'08" curve to the left an arc length of 46.01 feet•to the terminus at Station 13+02.57, being on the AHTD Control-of Access right-of-way line of 1-540 at Construction Centerline Station 396+30.33,offset 334.88 right per said AIM,1013 NO.4706, Sec.4,said terminus also being distant south 01°51'54"West 20.08 feet from a found iron pin with an AHTD right-of-way sign,said pin being at said Construction Centerline Station 396+47.05,offset 324.33 right. Attachment"A" P:ICommissionlAirSpacePermil-Fayetteville 154011-26-2012.dac