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HomeMy WebLinkAbout2014-06-17 - Agendas - Final Alderman Adela Gray Alderman Justin Tennant Ward 1 Position l Ward 3 Position l e �- Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion -_-_ � Alderman Rhonda Adams Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith Revised Final Agenda City of Fayetteville Arkansas City Council Meeting June 17, 2014 A meeting of the Fayetteville City Council will be held on June 17, 2014 at 5:30 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. Nominating Committee Report APPROVED Agenda Additions: A. Consent: 1. Approval of the June 03, 2014 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Net Neutrality: A resolution to express the City Council's support for Net Neutrality. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 110-14 3. Arkansas Historic Preservation Program: A resolution approving a grant agreement with the Arkansas Historic Preservation Program in the amount of$8,515.00 for travel and training, and for hiring a qualified consultant to research and catalog historic structures; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 111-14 4. Arkansas State Highway and Transportation Department: A resolution to authorize a payment of$3,500,000.00 to the Arkansas State Highway and Transportation Department representing an initial payment of the City's portion of construction, right of way acquisition and utility relocation costs related to the widening of Highway 112. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 112-14 5. Repeal Resolution No. 143-14& Pacific Vet Group-USA,Inc.Land Sale: A resolution to repeal Resolution No. 143-14 and to sell about 24 acres in the Fayetteville Commerce District (formerly Industrial Park) to Pacific Vet Group-USA, Inc. for $360,000.00 and other valuable consideration and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 113-14 6. Benedict Settlement—Van Ashe Drive: A resolution to authorize a settlement agreement with Dale and Martha Benedict concerning condemnation litigation filed as part of the Van Ashe Drive construction project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 114-14 B. Unfinished Business: None C. New Business: 1. Fayetteville Natural Areas Preservation Account: A resolution to establish the "Fayetteville Natural Areas Preservation Account" and to establish requirements for disbursals therefrom. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 115-14 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 2. Amended Articles of Incorporation for the Walton Arts Center Council and Foundation: An ordinance to approve the Fifth Amendment to the Articles of Incorporation of the Walton Arts Center Foundation, Inc., the Sixth Amendment of the Articles of Incorporation of the Walton Arts Center Council, Inc. and their amended Bylaws, and the Amended and Restated Interlocal Cooperation Agreement between the University of Arkansas and the City of Fayetteville. THIS ITEM WAS LEFT ON THE FIRST READING 3. Walton Arts Center Council, Inc. Lease: A resolution to approve an amended and restated lease agreement among the University of Arkansas and City of Fayetteville as landlords and the Walton Arts Center Council, Inc. as tenant. THIS ITEM WAS TABLED TO THE JULY 1, 2014 CITY COUNCIL MEETING D. City Council Agenda Session Presentations: 1. "My Fayetteville Services" Presentation by City GIS director Greg Mitchell E. City Council Tour: F. Announcements: Adjournment: 6:35 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 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 mast be silenced and may not be used within the City Council Chambers. Below is a portion of the Rales 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(479)575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain,Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 wwwfayetteville-ar.gov City Council Meeting: June 17, 2014 Adjourn: io 35 Pti` Subject: Roll Schoppmeyer Adams Long Gray Marsh Kinion v° Petty Tennant ✓ Mayor Jordan Subject: Motion To: t Motion By: M Seconded: �A r iCvJ Schoppmeyer nn Adams 4pprmaed Long ,1- Gray ✓P Marsh Kinion e� Petty e Tennant toe, Mayor Jordan F., City Council Meeting: June 17,2014 Subject: Consent Motion To: Motion By: Seconded: Schoppmeyer ✓ Adams lvl�nwt"io Long Gray Marsh Kinion Petty r/ Tennant Mayor Jordan �0 Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: June 17,2014 Subject: None Motion To: Motion By: Seconded: B 1 Schoppmeyer Unfinished Adams Business Long Gray Marsh Kinion Petty Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: June 17, 2014 Subject: Fayetteville Natural Areas Preservation Account Motion To: Motion By: Seconded: C. 1 Schoppmeyer New Adams ✓ Business Long Gray Marsh �G2u� Kinion ✓ Petty Tennant 15 I Mayor Jordan g-o Subject: Amended Articles of Incorporation for the Walton Arts Center Council and Foundation Q,iv." - r"4i 6 , 4-o Motion To: 'k la'6 11�a J 1 l Motion By: Seconded: 16-r)i In, C 2 Schoppmeyer ✓ New Adams Business Long 04,,� ftwhp, ✓ Gray bi 4�q, ✓ Marsh ./4W Kinion 4 Petty TennantIK ✓ Mayor Jordan � 8 -� City Council Meeting: June 17,2014 Subject: Walton Arts Center Council,Inc. Lease Motion To: J"" , /y Motion By: Seconded: C. 3 Schoppmeyer New Adams Business Long Gray v' J,,,W Marsh ✓ +-Q Kinion ✓ ikl�r Petty lye"� Tennant Mayor Jordan 7-d Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney l DATE: June 18,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 17,2014 1. Net Neutrality: A resolution to express the City Council's support for Net Neutrality. 2. Arkansas State Highway and Transportation Department: A resolution to authorize a payment of $3,500,000.00 to the Arkansas State Highway and Transportation Department representing an initial payment of the City's portion of construction, right of way acquisition and utility relocation costs related to the widening of Highway 112. 3. Repeal Resolution No. 143-14 & Pacific Vet Group-USA, Inc. Land Sale: A resolution to repeal Resolution No. 143-14 and to sell about 24 acres in the Fayetteville Commerce District (formerly Industrial Park) to Pacific Vet Group-USA, Inc. for $360,000.00 and other valuable consideration and to approve a budget adjustment. 4. Benedict Settlement — Van Ashe Drive: A resolution to authorize a settlement agreement with Dale and Martha Benedict concerning condemnation litigation filed as part of the Van Ashe Drive construction project. 5. Fayetteville Natural Areas Preservation Account: A resolution to establish the "Fayetteville Natural Areas Preservation Account" and to establish requirements for disbursals therefrom. Alderman Adela Gray Alderman Justin Tennant Ward 1 Position l Ward 3 Position l e �- Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion -_-_ � Alderman Rhonda Adams Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith Revised Final Agenda City of Fayetteville Arkansas City Council Meeting June 17, 2014 A meeting of the Fayetteville City Council will be held on June 17, 2014 at 5:30 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. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the June 03, 2014 City Council meeting minutes. 2. Net Neutrality: A resolution to express the City Council's support for Net Neutrality. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 3. Arkansas Historic Preservation Program: A resolution approving a grant agreement with the Arkansas Historic Preservation Program in the amount of$8,515.00 for travel and training, and for hiring a qualified consultant to research and catalog historic structures; and approving a budget adjustment recognizing the grant revenue. 4. Arkansas State Highway and Transportation Department: A resolution to authorize a payment of$3,500,000.00 to the Arkansas State Highway and Transportation Department representing an initial payment of the City's portion of construction, right of way acquisition and utility relocation costs related to the widening of Highway 112. 5. Repeal Resolution No. 143-14&Pacific Vet Group-USA,Inc.Land Sale: A resolution to repeal Resolution No. 143-14 and to sell about 24 acres in the Fayetteville Commerce District (formerly Industrial Park) to Pacific Vet Group-USA, Inc. for $360,000.00 and other valuable consideration and to approve a budget adjustment. 6. Benedict Settlement—Van Ashe Drive: A resolution to authorize a settlement agreement with Dale and Martha Benedict concerning condemnation litigation filed as part of the Van Ashe Drive construction project. B. Unfinished Business: None C. New Business: 1. Fayetteville Natural Areas Preservation Account: A resolution to establish the "Fayetteville Natural Areas Preservation Account" and to establish requirements for disbursals therefrom. 2. Amended Articles of Incorporation for the Walton Arts Center Council and Foundation: An ordinance to approve the Fifth Amendment to the Articles of Incorporation of the Walton Arts Center Foundation, Inc., the Sixth Amendment of the Articles of Incorporation of the Walton Arts Center Council, Inc. and their amended Bylaws, and the Amended and Restated Interlocal Cooperation Agreement between the University of Arkansas and the City of Fayetteville. 3. Walton Arts Center Council, Inc. Lease: A resolution to approve an amended and restated lease agreement among the University of Arkansas and City of Fayetteville as landlords and the Walton Arts Center Council, Inc. as tenant. D. City Council Agenda Session Presentations: 1. "My Fayetteville Services" Presentation by City GIS director Greg Mitchell E. City Council Tour: F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 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 mast be silenced and may not be used within the City Council Chambers. Below is a portion of the Rales 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(479)575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain,Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 wwwfayetteville-ar.gov A.3 Arkansas Historic Preservation Program Page 1 of 10 CERTIFIED LOCAL GOVERNMENT PROGRAM GRANT AGREEMENT Grant Number 14-CLG-05 This agreement is entered into between the City of Fayetteville, Arkansas, hereinafter referred to as the City, and the Arkansas Historic Preservation Program, hereinafter referred to as AHPP. AHPP agrees to provide a grant in the amount of$8,515 for the purpose of providing training for the Historic District Commission and staff and to hire a consultant to research historic properties in Fayetteville to use on the City's website. THIS GRANT IS FOR THE ACCOMPLISHMENT OF THE PURPOSE, OBJECTIVE AND SCOPE OF WORK HEREIN DEFINED. I. SCOPE OF WORK A. The City will send one or more representatives of its Historic District Commission or staff to the National Alliance of Preservation Commission's 2014 FORUM and quarterly training meetings to be announced by AHPP. $3,510 is designated for this activity. B. The City will hire a qualified consultant to catalog, research, and verify historic structures in Fayetteville. The information will be used to update and enhance the City's website. $5,005 is designated for this activity. IL TIME FRAME of AGREEMENT This agreement will begin on July 1, 2014, and shall extend until June 30, 2015. III. SCHEDULE OF PAYMENTS One half of the full grant amount shall be paid to the City upon a request for payment to AHPP to be submitted no earlier than July 1, 2014. The remaining half shall be paid to the City upon a request for payment to AHPP to be submitted no later than May 31, 2015. IV. AHPP RESPONSIBILITIES AHPP staff agrees to make periodic reviews of the project to review practices and products. AHPP reserves the right to enforce the procedures as outlined in this contract. AHPP agrees to make available advice and counsel necessary to accomplish the objectives and to render compensation upon invoice within a reasonable time frame. 1 A.3 Arkansas Historic Preservation Program V. REPORTING REQUIREMENTS Page 2 of 10 A. The City will submit quarterly reports detailing programmatic and fiscal progress of work on forms to be provided by AHPP on: • September 30, 2014 • December 31, 2014 • March 31, 2015 • June 30, 2015 (Final) B. The City will submit a final project report detailing all completed projects and including 5 copies each of all publications no later than June 30, 2015. C. If changes in agreement- e.g.: scope of work, products, budgets, etc. - are required, then the City must submit a written request detailing proposed changes and wait for written approval from AHPP. VI. COMPLIANCE A. All policies and procedures of the Department of the Interior, the National Park Service as well as Federal regulations concerning expenditures of all Federal funds must be followed by the AHPP and all subgrant recipients. All grant projects will be administered by the AHPP in accordance with the Historic Preservation Fund Grants Manual, particularly"Chapter 9: Certified Local Governments". Separate financial records for each project will be maintained by the AHPP following Office of Management and Budget Guidelines. The City must maintain efficient and effective accountability and control of all funds received and expended under a subgrant from the AHPP. B. The City agrees to the right of the AHPP director to review and comment on art set-up, written narrative of any printed material, and audio visual material produced by the grant prior to final printing or production and distribution. C. The City must supply the State with evidence of compliance with Federal competitive procurement requirements for professional services and subcontractors prior to reimbursement. D. All products and projects must comply with the applicable Secretary of the Interior's Standards for the Rehabilitation of Historic Properties. The Standards are: 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall 2 A.3 Arkansas Historic Preservation Program be avoided. Page 3 of 10 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature,the new feature shall match the old in design, color,texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the fixture, the essential form and integrity of the historic property and its environment would be unimpaired. E. SURVEY AND NATIONAL REGISTER NOMINATIONS: All surveys and National Register Nominations (either new or those in progress) of historic structures, sites, etc. will meet the following criteria, as applicable, and will be completed by professionals who meet minimum Federal standards as specified in 36 CFR 61: CONTRACTOR'S RESPONSIBILITES Services are duties and tasks that the contractor must perform to meet the terms, conditions, and specifications of the contract. 3 A.3 Arkansas Historic Preservation Program Survey duties are: Page 4 of 10 1. It is required that the contractor complete an Arkansas Architectural Resources Form and provide site plans for each resource in the field. 2. The contractor will take 35mm black and white print photographs and color digital photographs of each resource in the field. At the very minimum the photographs should show all facades of each building. In addition, representative streetscape photographs (both black and white prints and color digital photos)will be provided by the Contractor. 3. The contractor will also need to locate each resource on a United States Geological Survey Map and provide UTM coordinates for each property. Additional hours will be spent on proper completion of forms for submission to AHPP. 4. Any new contractor must attend a training class on the procedures required for historic site survey. This one-day class, at the offices of AHPP, will train the Contractor in the proper and thorough completion of Arkansas Architectural Resources Forms, photography requirements, mapping, and compilation of the finished product. 5. The contractor must be able to adhere to set deadlines and provide initial and completed surveys by the dates set forth by AHPP. 6. The contractor will provide own transportation. Nomination duties are: 1. It is required that the Contractor complete a National Register of Historic Places nomination form for the historic property. 2. The Contractor will take 35mm black and white print photographs and color digital photos of the historic property in the field. In the case of a proposed historic district, representative streetscape photographs (both black and white prints and color digital photos)will be provided by the Contractor. All photographs submitted must meet the National Park Service standards in National Register Bulletin 16A: How to Complete the National Register Registration Form. Photographs printed on Fujicolor Crystal Archive or equivalent papers do not meet the National Park Service standards, and will not be accepted. 3. The Contractor will label all photographs to be included with the completed National Register of Historic Places nomination according to the National Park Service instructions. 4. The Contractor will also need to locate the property on a United States Geological Survey Map and provide UTM coordinates for the historic district. 4 A.3 Arkansas Historic Preservation Program Page 5 of 10 5. The Contractor will be responsible for presenting the proposed historic district to the Arkansas State Review Committee on Historic Preservation at the earliest meeting following completion and staff approval. 6. Any new Contractor must attend a training class on completing National Register of Historic Places nomination forms. This one-day class, at the offices of AHPP, will train the Contractor in the proper and thorough completion of National Register of Historic Places nomination forms, photography requirements, mapping, and compilation of the finished product. 7. The Contractor must be able to adhere to set deadlines and provide initial and completed nominations by the dates set forth by the AHPP. 8. The Contractor will provide own transportation. 9. The Contractor must have experience in photography using black and white and color digital photos and must provide two(2)single lens reflex cameras with wide-angle lenses for use in the field. 10. The Contractor will also provide archival sleeves for storage of negatives,photographs, and CDs for the digital photos. 11. The Contractor must work outside in extreme temperatures and provide proper attire for the weather conditions. 12. It is required that the Contractor complete National Register of Historic Places nomination forms. 13. The Contractor will perform all services and provide all materials to be produced under the contract in consultation with AHPP. 14. The Contractor will understand that all procedures developed and products provided under the contract will be subject to final approval by the committee at AHPP, Little Rock,AR. 15. The Contractor will understand that all records, data, proofs, negatives and copies pertaining to the contract will remain the property of the Agency. 16. The Contractor will conduct meetings with AHPP as required,to complete the project. 17. The AHPP will provide photocopies of completed architectural resource forms for all buildings in the district. 5 A.3 Arkansas Historic Preservation Program AHPP responsibilities (as applicable for architectural surveys and National Register Page 6 of 10 Nominations) 1. The Agency will provide Arkansas Architectural Resources Forms and Ancillary Structures Forms as required by the contractor. 2. The Agency will provide access to the Agency's survey files and copies of previous survey work as required by the contractor. 3. The Agency will provide resource numbers for the contractor as required. 4. The Agency will provide a one-day training class at the AHPP offices in Little Rock on the procedures required for historic site survey. This class, at the offices of AHPP, will train the contractor in the proper and thorough completion of Arkansas Architectural Resources Forms, photography requirements, mapping, and compilation of the finished product. The Agency will provide technical assistance as needed by the contractor. F. EASEMENTS: The City will donate to AHPP a conservation easement on the property of any historic structure(s)being restored, rehabilitated, or repaired as a part of any project(s) utilizing ten thousand dollars ($10,000) or more of AHPP funds. On such projects involving private properties, it will be the City's responsibility to secure this easement for donation to AHPP before any grant funds are released. VII. MANAGEMENT AND BUDGET GUIDELINES The City must assure and certify that he will comply with the regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this federally- assisted project, as contained in attachment G of OMB circular A-102. Also the City assures and certifies that: A. The City will comply with and administer the project in conformance with the Civil Rights Act of 1964 (Public Law 88-352), as amended; as well as 43 CFR 17 and Part 506 of the Department Manual issued by the Department of the Interior; and Section 504 of the Rehabilitation Act of 1973, as amended,which prohibits discrimination against the handicapped. Title VI of the Civil Rights Act of 1964 stated that no person will, on the grounds or race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this agreement; B. In all hiring or employment made possible by or resulting from grant awards, the City (1)will not discriminate against any employee or applicant from employment because of race, color, 6 A.3 Arkansas Historic Preservation Program religion, sex, age, or national origin, and(2) will take affirmative action to ensure that Page 7 of 10 applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. This requirement applies to, but is not limited to, the following: employment promotion, demotion, or transfer; recruitment or other recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City its subgrantees will comply with all applicable statutes and Executive orders on equal employment opportunity and grant awards will be governed by the provisions, as implemented by, but not limited to, Department of the Interior policies, published in 43 CFR 17; C. The City will give AHPP and the National Park Service or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the grant; D. The City must comply with Federal competitive procurement requirements for professional services and subcontractors and will provide documentation of such compliance upon request. E. The City will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of state and local governments. F. Upon completion of the project, the Secretary of the Interior, the Comptroller General of the United States, the AHPP, and/or any of their duly authorized representatives shall have access for the purpose of financial or programmatic audit and examination any books, documents, papers and records of the City that are pertinent to the grant at all reasonable times during the period of retention provided in OMB Circular A 102, attachment C, for at least three (3) years or until all claims or audit findings have been resolved. G. Lobbying with appropriated funds. Historic Preservation Fund grants must conform to provisions of 18 USC 1913: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress be used directly or indirectly to pay for any personal services, advertisement, telegram, telephone, letter,printed or written matter, or other device, intended or designed to influence in any manner a Member or Congress,through the proper official channels, requests for legislation OPR appropriation which they deem necessary for the efficient conduct of the public business." Thus, costs associated with activities to influence legislation pending before the Congress, commonly referred to as "lobbying," are unallowable as charges to NPS assisted grants. H. The City must submit acceptable Federal and non-Federal share supporting documentation prior to reimbursement. I. In addition to the terms detailed in this grant agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-87 or A-122, A-102 or A-110, and A- 128) are applicable. 7 A.3 Arkansas Historic Preservation Program Page 8 of 10 VIII. PUBLICATIONS AND PUBLIC INFORMATION An acknowledgment of National Park Service and Arkansas Historic Preservation Program support must be made in connection with the publication of any material based on, or developed under, any activity supported by Historic Preservation Fund grant funds. This acknowledgment shall be in the form of a statement as follows: The activity which is the subject of this (type ofpublication) has been financed(in part/entirely) with Federal funds from the National Park Service, Department of the Interior, administered through the Arkansas Historic Preservation Program, an agency of the Department of Arkansas Heritage. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the Arkansas Historic Preservation Program. Press releases, publications, and other public dissemination of information by the City made possible by a grant shall acknowledge National Park Service, Department of the Interior and Arkansas Historic Preservation Program, Department of Arkansas Heritage grant support. A minimum of eight copies of any publication will be furnished by the Preservation Program will transmit three copies to the Department of the Interior Library, one copy to the National Park Service, Divisions of Personnel and Management, and one copy to the Office of Communications. The remainder will be placed in the Arkansas Historic Preservation Program files. All printed material (publications, brochures, etc.) will be printed on recycled paper using soybean ink in accordance with Executive Proclamation Order#90-1. IX. LIMITATION OF LIABILITY The AHPP assumes no responsibility with respect to accidents, illness or claims arising out of any work performed under a subgrant supported project. The City is expected to take necessary steps to insure itself and its personnel and students and to comply with the applicable local, State, or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 SFR 1910). X. PROJECT CANCELLATION Approved projects may be canceled for one or more of the following reasons: A. The City requests project cancellation. B. The City fails to initiate project work. C. The City initiates work prior to receipt of written notification of project approval. 8 A.3 Arkansas Historic Preservation Program Page 9 of 10 D. Project work is found not to be in conformance with conditions as stated in the grant agreement. XI. AMENDMENTS This agreement may be amended upon written request and approval by both parties XII. APPROVAL OF AHPP The City of Fayetteville is aware that this grant is contingent upon approval of the AHPP and the availability of funds; and agrees that no work will begin on the project until written approval from the AHPP is received. SIGNATURES J Frances McSwain City of Fayetteville Signature Director, Arkansas Historic Preservation Program Deputy State Historic Preservation Officer Name (printed) (� Title Date Date 9 A.3 Arkansas Historic Preservation Program Page 10 of 10 Repeal Resolution No. 143-14&Pacific Vet Group-USA,Inc.Land Sale City of Fayetteville Item Review Form Page 1 of 38 2014-0241 Legistar File Number 06/17/2014 City Council Meeting Date-Agenda Item Only NIA for Non-Agenda Item Jeremy Patel Development Services Submitted By Department Action Required: Approval of a contract with Pacific Vet Group - USA, Inc. (PVG) for the sale of approximately 24 acres of land owned by the City of Fayetteville water and sewer utility on Industrial Drive in the Fayetteville Commerce District, for $360,000. Does this item have a cost? NO Cost of this request Category or Project Budget Program or Project Name Account Number Funds Used to Date Program or Project Category $0.00 Project Number Remaining Balance Fund Name Budgeted Item? No Budget Adjustment Attached? Yes V20130812 EN EQ Previous Ordinance or Resolution# 143-13 3 � Original Contract Number: Comments: L � ��� '� �� A.5 Repeal Resolution No. 143-14&Pacific CITY OF Vet Group-USA,Inc.Land Sale Tayv1qePe-vVi* le Page 2 of 38 CITY COUNCIL AGENDA MEMO RKANSAS MEETING OF JUNE 17, 2014 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Jeremy Pate, Development Services Director DATE: May 29, 2014 SUBJECT: Sale of 24 acres of Land in the Commerce District to Pacific Vet Group-USA, Inc. RECOMMENDATION: City Staff recommends approval of a contract with Pacific Vet Group-USA (PVG) for the sale of approximately 24 acres of land owned by the City of Fayetteville on Industrial Drive in the Fayetteville Commerce Park, for a purchase price of$360,000. BACKGROUND: In June of 2013, the City Council approved a contract with PVG to sell approximately 14.9 acres of land along City Lake Road in the Commerce Park for the construction of a facility for research, development and manufacturing of animal health products. PVG is a privately held bioscience company specializing in the development and commercialization of science-based probiotic products for the poultry industry. PVG has indicated this $6.7 million investment to construct and occupy a new facility in Fayetteville would result in at least 47 new jobs within 60 months at an average annual salary of$66,000. After geotechnical studies were completed on the City Lake Road property, the soil conditions were found to be less than ideal for this particular development, resulting in significant cost increases in construction. The City decided to conduct geotechnical studies for other city-owned properties within the Commerce District to understand overall suitability for development, and discussed with PVG the potential of another property on which they could construct their facility. PVG has identified Tract#14 on Industrial Drive, a 37.1 acre property, as suitable for their long- term needs. This land is adjacent to the City's Water and Sewer Operations Center. However, PVG does not need the entire 37 acres, approximately 13 of which at the rear of the property is located within floodplain and streamside buffer areas. Rather, they prefer to only purchase the developable area of land outside of the designated floodplain. DISCUSSION: The attached land sale agreement is intended to reflect the same basic terms reached between PVG and the City of Fayetteville in our previous contractual arrangement. The proposal is to sell 24 of the 37.1 acres in Tract 14 of the Commerce Park for $15,000 per acre, resulting in a $360,000 purchase price. Payment for the cost of the land will be amortized over 20 years with the first 5 years fixed at an interest rate of the Federal Reserve Rate plus one percent (1%). At the end of the 5'1 year, the interest rate will be modified annually based on the Federal Reserve Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A.5 Repeal Resolution No. 143-14&Pacific Vet Group-USA,Inc.Land Sale Page 3 of 38 Rate plus one percent (1%) on each anniversary date. The AEDC has committed to providing economic development assistance in a manner similar to the previous development site, on this new property. In order for the project to be eligible for AEDC funding support, the City must contribute to the economic development project as well. As with the previous proposal, the City proposes to contribute by offering a discounted purchase price of$15,000 per acre (compared to a normal $20,000 asking price for similarly situated land in the Commerce District), as well as assistance with up to $200,000 of infrastructure investment, which could include water and/or sewer line extensions and other work within public easements or rights-of-way. The City will retain the remaining 13.1 acres, granting PVG a Right of First Refusal to acquire the balance of the land in the future, if the City ever decides to sell. Please see the attached maps for reference. City Code §34.27 establishes requirements regarding public notice and procedure for the sale of real property owned by the City of Fayetteville. City Staff has performed all necessary public notification procedures in compliance with this city ordinance, including mailing adjacent property owners, posting a sign and publishing the agenda item in the local newspaper. Additionally, the City Council must establish that this land is no longer needed for municipal purposes. As a purpose of the Commerce District is to encourage economic development that generates revenue for the City by providing new and expanded services, and finding that there is no identified use for the subject property for municipal purposes, staff requests that the Council establish that this land is no longer needed for municipal purposes. BUDGET/STAFF IMPACT: $360,000 in sale revenue will be paid to the Water/Sewer fund and General Fund, since both funds have ownership on portions of the subject property. Based upon a $360,000 purchase price, the General Fund would receive 70.8% of the proceeds for a total of$254,880. The Water/Sewer Fund would receive 29.2% for a total of $105,120. Up to $200,000 in City staff time and materials may be utilized to provide public infrastructure work for economic development assistance, under the same terms of agreement approved with the previous contract for sale. Attachments: • Draft resolution • Proposal Letter and Land Sale Agreement • Location Map(s) • Tentative Site Layout • Previous Council Resolutions of Support 2 A.5 Repeal Resolution No. 143-14&Pacific Vet Group-USA,Inc.Land Sale Page 4 of 38 Fayetteville • Chamber of Commerce MEMORANDUM TO: Don Marr, Chief of Staff ' City of Fayetteville I FROM: Steve Clark,Chamber President& CEO SUBJECT: Pacific Vet Group-USA's (PVG) purchase of City's land in the Fayetteville Commerce District DATE: May 22nd, 2014 ----------------------------------------------------------------------------------------------•--------------------------------- The Chamber has been coordinating the sale of city owned land in the Fayetteville Commerce District between the City and PVG. The City Council had originally approved to sell 15 acres of city land located at the City Lake Road at the Fayetteville Commerce District for$15,000 an acre. Geo technical studies conducted at the site(Parcel # 765-16574-000) showed soil conditions that made the site not optimum for PVG's development. The City has been a great partner in carrying out additional geotechnical studies on other city-owned sites in the Commerce District to find a replacement site. PVG has now identified Tract 14 (Parcel#765-16578-000) as the site suitable for their development. This is a 37.1 acres tract located at Industrial Drive in the Commerce District. 1) PVG proposes to buy 24 of the 37.1 acres from the City at the same price of$15,000 per acre and same financial terms and conditions as the original parcel. 2) PVG looks forward to working on obtaining city's approval as soon as convenient so that they may start their development. This $6.7 million project is expected to create 47 new jobs within 60 months with an annual salary of$66,000 each. Attached are a draft Land Sale Agreement for Tract 14. 123 W.Mountain/PO Box 4216,Fayetteville,AR 72702 Tel:(479)521-1710;Fax:(479)521-1791; www.fayetteviIlear.com - s�co�u,fi0n (r -10-IN A.5 Repeal Resolution No. 143-14&Pacific Vet Group-USA,Inc.Land Sale Page 5 of 38 RESOLUTION NO. A RESOLUTION TO REPEAL RESOLUTION NO. 143-14 AND TO SELL ABOUT 24 ACRES IN THE FAYETTEVILLE COMMERCE DISTRICT (FORMERLY INDUSTRIAL PARK) TO PACIFIC VET GROUP-USA, INC. FOR $360,000.00 AND OTHER VALUABLE CONSIDERATION AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the initial site in the Industrial Park which the City through Resolution No. 143-14 agreed to sell Pacific Vet Group-USA, Inc. for $223,500.00 was later determined to be geologically unusable for its proposed development; and WHEREAS, another 24 acre site in the Industrial Park has been examined and found acceptable by Pacific Vet Group-USA, Inc. for its new facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to sell about twenty four (24) acres of Tract 14 on Industrial Drive in the Fayetteville Commerce District (formerly the Industrial Park) for $360,000.00 and other valuable consideration as specified and pursuant to the attached Land Sale Agreement. Mayor Jordan is hereby authorized to sign the Land Sale Agreement and all necessary documents (including deeds) that are necessary to effectuate the Land Sale Agreement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment. PASSED and APPROVED this 17"1'day of June 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.5 City of Fayetteville,Arkansas- Budget Adjustment Form (Legistar) Repeal Resolution No. 143-14&Pacific Budget Year Division: Development Services Adjustment um9�9e s of 3a 2014 Dept.: Development Services Requestor: Jeremy Pate BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION: $30,620 in the Transfer to Water&Sewer account to reimburse the Water&Sewer Fund for market value of the sale of 24 acres of Industrial Park Property. $74,500 has already been budgeted back from June 18, 2013 (BA#13-227)for reimbursement of the sale of 14.9 acres. It is estimated that Water/Sewer will receive 29.2%for a total of$105,120. COUNCIL DATE: 6/17/2014 LEGISTAR FILE ID#: 2014-0241 K PiV%W Spr-Ln0e r 5/29/2014 10:40 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL 30,620 30,620 v.20140428 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 1010.6600.7602.40 30,620 - 57018 5400 EX Transfer to Water&Sewer Fund 1010.0001.4999.99 - 30,620 RE Use of Fund Balance C:\Users\jpate\AppData\Roaming\L5\Temp\d298705e-7d4b-4cbe-bdf0-oala52bl75fo I of 1 A.5 Repeal Resolution No. 143-14&Pacific Vet Group-USA,Inc.Land Sale Page 7 of 38 LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas (hereinafter "City" or "Fayetteville") and Pacific Vet Group-USA, Inc. The City owns a parcel of real estate of approximately 37,1 acres, identified as Tract 14, on Industrial Drive in the Fayetteville Commerce District (formerly known as the Industrial Park). Approximately 13.1 acres of Tract 14 are located within the floodplain (hereinafter "Floodplain Portion"); the remaining 24 acres of Tract 14 are above the floodplain (hereinafter"Development Site"). The City of Fayetteville agrees to sell the Development Site of Tract 14 to Pacific Vet Group-USA, Inc. for THREE HUNDRED SIXTY THOUSAND DOLLARS ($360,000.00) and Pacific Vet Group-USA, Inc.'s performance of all of the terms, conditions and promises set forth later in this Agreement. The City will also grant Pacific Vet Group USA, Inc. a Right of First Refusal to acquire the Floodplain Portion of Tract 14. Pacific Vet Group-USA, Inc. agrees to pay to the City of Fayetteville THREE HUNDRED SIXTY THOUSAND DOLLARS ($360,000.00) for the Development Site of Tract 14 and for the Right of First Refusal to acquire the Floodplain Portion, and to perform all of the terms, conditions and promises set forth later in this Agreement TERMS AND CONDITIONS 1. Sale Subject to existing easements and rights of way and subject to the terns and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to sell a parcel of about 24 acres (hereinafter "Development Site") located at Industrial Drive in the Fayetteville Commerce District by warranty deed to Pacific Vet Group-USA, Inc. for the amount of THREE HUNDRED SIXTY THOUSAND DOLLARS ($360,000.00). This Development Site shall be as shown on the plat attached at Exhibit A and as more particularly described below. Exhibit A identifies the Development Site as Parcel `A" and the Floodplain Portion as Parcel `B." Tractl4, Fayetteville Industrial Park West, Fayetteville,Arkansas, as per plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, containing 24 acres, more or less. 2. Purchase Subject to the terms and conditions, mutual promises and covenants of this Agreement, Pacific Vet Group-USA, Inc. agrees to buy the Development Site for THREE HUNDRED SIXTY THOUSAND DOLLARS ($360,000.00) to be paid to the City of Fayetteville on or before the Closing Date as follows: