The URL can be used to link to this page

Home My WebLink About2016-02-16 - Agendas - FinalFinal Agenda February 16, 2016 Page 1 of 388 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, February 16, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Call To Order Roll Call Pledge of Allegiance Meeting Agenda - Final Agenda Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: A.1 2015-0641 A.2 2016-0009 Final Agenda February 16, 2016 Page 2 of 388 February 16, 2016 APPROVAL OF THE FEBRUARY 2, 2016 CITY COUNCIL MEETING MINUTES. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO. 3: A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $25,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: NEWLY REVISED Mitchell Williams Amendment No. 3 Legistar Packet NEWLY REVISED BA - Mitchell Williams Amendment No 3 PACKET HAS BEEN REVISED Mitchell Williams Amendment No. 3 Legistar Pa B. Unfinished Business: None C. Public Hearing: City of Fayetteville, Arkansas Page 2 Printed on 211112016 City Council Meeting C. 1 2016-0059 Meeting Agenda - Final Agenda Final Agenda February 16, 2016 Page 3 of 388 February 16, 2016 RAZE AND REMOVAL AND CLEAN-UP AT 550 W. SKELTON STREET: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE AND CLEAN-UP OF UNSANITARY AND UNSIGHTLY CONDITIONS ON PROPERTY OWNED BY U.S. BANK NATIONAL ASSOCIATION LOCATED AT 550W. SKELTON STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 550 Skelton Agenda Packet BA - 550 Skelton C.2 2016-0058 RAZE AND REMOVAL 1180 E. HUNTSVILLE ROAD: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY AARON KENDALL KIRK AND JOHN PAUL KEARY LOCATED AT 1180E. HUNTSVILLE ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: 1180 Huntsville Agenda Packet BA - 1180 Huntsville D. New Business: D. 1 2016-0067 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4: A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $79,500.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS TO EXISTING RESTORATION AREAS TO ENHANCE STREAM CHANNEL STABILITY Attachments: 2016-0067 Vegetation Restoration and Stability City of Fayetteville, Arkansas Page 3 Printed on 2/11/2016 City Council Meeting D. 2 D. 3 D. 4 D. 5 vlo'sPOWSTMfeq Meeting Agenda - Final Agenda NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION ONE-YEAR CONTRACT: Final Agenda February 16, 2016 Page 4 of 388 February 16, 2016 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $40,017.86 FOR A STORMWATER EDUCATION PROGRAM FOR 2016 Attachments: 2016-0056 Stormwater Education Aqreement �n� �_nnati AMEND THE MASTER STREET PLAN: A RESOLUTION TO AMEND THE MASTER STREET PLAN BY RECLASSIFYING NORTH COLLEGE AVENUE BETWEEN MAPLE STREET AND NORTH STREET FROM FIVE LANE PRINCIPAL ARTERIAL WITH AN 87 FOOT RIGHT OF WAY TO A FOUR LANE THOROUGHFARE WITH A 63 FOOT RIGHT OF WAY Attachments: 15-5283 Full CC Packet WININirONW■T.Tev,I VAC 15-5280 (5 W. APPLEBY RD./WRMC OFFICES): AN ORDINANCE TO APPROVE VAC 15-5280 SUBMITTED BY USI CONSULTING ENGINEERS, INC. FOR PROPERTY LOCATED AT 5 W. APPLEBY ROAD TO VACATE PORTIONS OF SEWER AND DRAINAGE EASEMENTS Attachments: 15-5280 Full CC Packet 2016-0060 VAC 15-5287 (SW CORNER OF PERSIMMON & MTN.RANCH BLVD./PARK HILL MTN. RANCH): AN ORDINANCE TO APPROVE VAC 15-5287 SUBMITTED BY JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PERSIMMON AND MOUNTAIN RANCH BOULEVARD TO VACATE PORTIONS OF UTILITY EASEMENTS Attachments: 15-5287 CC reports City of Fayetteville, Arkansas Page 4 Printed on 2/11/2016 City Council Meeting D. 6 D. 7 D. 8 rizr�r.T.Tw1 Meeting Agenda - Final Agenda VAC 16-5303 (4200 W. MAHOGANY DR./BRADFORD): Final Agenda February 16, 2016 Page 5 of 388 February 16, 2016 AN ORDINANCE TO APPROVE VAC 16-5303 SUBMITTED BY REID AND ASSOCIATES, INC. FOR PROPERTY LOCATED AT 4200 WEST MAHOGANY TO VACATE A PORTION OF UTILITY EASEMENT Attachments: 16-5303 CC packet 2016-0061 RZN 15-5240 (2514 W. LORI RD./RAZORBACK GOLF COURSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5240 FOR APPROXIMATELY 128 ACRES LOCATED AT 2514 WEST LORI ROAD FROM R -A, RESIDENTIAL -AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE; AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO R -A, RESIDENTIAL -AGRICULTURAL; RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS, NEIGHBORHOOD SERVICES, SUBJECT TO A BILL OF ASSURANCE Attachments: RZN 15-5240 CC reports ')nl P,-nnti7 AMEND § 72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES: AN ORDINANCE TO AMEND § 72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES (M) TO LIMIT THE MAYOR'S AUTHORITY TO ASSIGN ANY CITY OWNED PAID PARKING LOTS OR ON -STREET PAID PARKING SPACES WITHIN THE ENTERTAINMENT DISTRICT OR THE CLOSURE OF CITY STREETS FOR THE USE OF A PERMITTED SPECIAL EVENT TO NOT MORE THAN TWO (2) DAYS PER YEAR WITHOUT EXPRESS APPROVAL OF THE CITY COUNCIL Attachments: Agenda Request Form § 72.58 Additional Amend 72.58 E. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 5 Printed on 2/11/2016 City Council Meeting Meeting Agenda - Final Agenda Final Agenda February 16, 2016 Page 6 of 388 February 16, 2016 E. 1 2015-0587 AGENDA SESSION PRESENTATION: AIRPORT UPDATE BY JOHNNY ROSCOE, AIRPORT DIRECTOR E.2 2016-0043 AGENDA SESSION PRESENTATION: QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION, CHUNG TAN F. City Council Tour: G. Announcements: H. Adjournment 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. City of Fayetteville, Arkansas Page 6 Printed on 211112016 City Council Meeting Meeting Agenda - Final Agenda Old business and new business. Final Agenda February 16, 2016 Page 7 of 388 February 16, 2016 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. City of Fayetteville, Arkansas Page 7 Printed on 211112016 Final Agenda February 16, 2016 City of Fayetteville, Arkansas 113 West Mountain l3aget8 of 388 Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2016-0009 Agenda Date: 2/16/2016 Version: 1 Status: Agenda Ready In Control: City Council Meeting Agenda Number: A. 2 File Type: Resolution MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO. 3: A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $25,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 3 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $25,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 2/11/2016 Final Agenda February 16, 2016 Page 9 of 388 City of Fayetteville Staff Review Form 2016-0009 Legistar File ID 2/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 2/5/2016 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Amendment No. 3 to the Contract with Mitchell Williams, Selig, Gates & Woodyard (Mitchell Williams) in the amount of $25,000 for additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission and approval of a budget adjustment. 5400.5700.5314.00 Account Number 11014.1102 Project Number Budget Impact: Water/Sewer Fund White River NPDES UAA and APCEC Action Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Project Title $ 33,668.00 $ 20,235.74 13,432.26 $ 25,000.00 $ 11,568.00 Remaining Budget V20140710 Previous Ordinance or Resolution # 80-14 Original Contract Number: 2182 Approval Date: Comments: CITY OF 17ayrle AS MEETING OF FEBRUARY 16, 2016 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: February 9, 2016 Final Agenda February 16, 2016 Page 10 of 388 CITY COUNCIL AGENDA MEMO SUBJECT: Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $25,000, for the White River Water Quality Standards Petition RECOMMENDATION: City Administration recommends approval of Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation by $25,000 for legal actions relating to the White River Water Quality Standards and negotiations with the ADEQ and the Arkansas Pollution Control & Ecology Commission (APCEC) and approval of a budget adjustment. BACKGROUND: The Noland WWTP National Pollutant Discharge Elimination System (NPDES) permit contains limits on Total Dissolved Solids (TDS) and minerals, specifically chloride and sulfate. In that permit, the City was required to complete a Petition to the APCEC to change the local stream standards. If the APCEC does not approve our request, we might be required to complete a very expensive modification to our wastewater treatment plant to comply with the very strict limits of chloride, 20 mg/I; sulfate, 20 mg/I; and TDS, 160 mg/I. The estimated capital cost for this modification is approximately $45 million. The City's team consists of CH2M HILL and the Mitchell Williams law firm. DISCUSSION: The contract between the City and Mitchell Williams was originally set at $48,000 and was amended in 2013 to $63,000 and again in 2014 to $83,000 to help cover un -anticipated costs due to Act 954. However, additional complications have arisen requiring the Mitchell Williams firm to spend more time on the TDS and minerals effort than the amended contract allows for. There are still several tasks to be performed. Below is the list of items that still need to be done: • Team conference(s) to deal with comments by ADEQ • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers • Prepare and file Statement of Basis and Responsiveness Summary (Response to Comments) with the APCEC Mauling Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Final Agenda February 16, 2016 Page 11 of 388 Prepare for and attend (defend) legislative review of the Third -Party Rulemaking by Joint Legislative Public Health and Welfare Committee and the Joint Legislative Rules and Regulations Committee Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same • Prepare for and attend the APC&EC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to EPA BUDGET/STAFF IMPACT: Budgeted funds are available within the project budget. Additional budgeted funds are being moved from the Phosphorus Standards Management project due to legal issues for both projects are being worked on with this amendment. Final Agenda February 16, 2016 AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVI(WS2 of 388 CONTRACT AMENDMENT NO.3 This Contract Amendment No. 3 dated January 13, 2016 shall amend the original contract between the City of Fayetteville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April 5, 2011, referred to in the following paragraphs as the original contract. This Contract Amendment No. 3: 1. Services to be Performed: Adds: Continued actions as required to obtain final approval from the Arkansas Pollution Control and Ecology Commission (APCEC) to modify site specific water quality criteria in the White River, to provide advice and guidance on what actions the City and its consultants need to take to successfully accomplish the task of receiving approval to the petition from two committees of the AR Legislature, and to assist in obtaining relevant approvals from USEPA. The following items are the currently known required actions: • Team conference(s) to deal with comments by ADEQ. • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers • Prepare and file Statement of Basis and Responsiveness Summary (Response to Comments) with the APCEC • Prepare for and attend (defend) legislative review of the Third -Party Rulemaking by Joint Legislative Public Health and Welfare Committee and the Joint Legislative Rules and Regulations Committee • Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same • Prepare for and attend the APC&EC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to EPA. 8. Compensation: Replaces not exceed compensation amount of $83,000 with not to exceed compensation amount of $108,000. WITNESS OUR HANDS THIS �`' DAY OF 2016. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC �-/� zwico�'_� BY Marcella J. Taylo ancV Allan Gates CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor 4375736_I.doc !LanknKret -+ TI& Mitchell, Williams, Selig, Gates & Woodyard, PLLC 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201 Attest: Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Final Agenda February 16, 2016 Page 13 of 388 4375736_I.doc Final Agenda City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) February 16, 2016 Budget Year Division: Utilities Director Adjustment Number 2016 Dept.: Utilities Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A BA is needed within the White River NPDES UAA and APCEC Action project. Budgeted funds need to be moved to the environmental Atty for APCEC Rule Change subproject to cover addional legal costs for the project. Additional budgeted funds are being moved from the Phosphorus Standards Management project due to the additional attorney fees are associated with both the APCEC Rule Change and the phosphorus standard management. RESOLUTION/ORDINANCE COUNCIL DATE LEGISTAR FILE ID# 2/16/2016 2016-0009 L3 GW b -O rGii FeW 2/9/2016 1:10 PM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL - - v.20150925 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 5400.5700.5314.00 12,565 - 11014 1102 EX Professional Services 5400.5700.5315.00 (997) - 11014 1101 EX Contract Services 5400.5800.5801.00 (11,568) - 10027 1001 EX Fixed Assets C:\Program Files\Granicus\Legistar5\Packet\1 108 -City Council Meeting_2_16_2016\0002_2_NEWLY REVISED BA - Mitchell Williams Amendment No 3 1 of 1 INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKET Final Agenda February 16, 2016 Page 15 of 388 City of Fayetteville Staff Review Form 2016-0009 Legistar File ID 2/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/27/2016 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Amendment No. 3 to the Contract with Mitchell Williams, Selig, Gates & Woodyard (Mitchell Williams) in the amount of $14,000 for additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission. Remaining Budget 997.57 V20140710 Previous Ordinance or Resolution # 80-14 Original Contract Number: 2182 Approval Date: Comments: Budget Impact: 5400.5700.5314.00 Water/Sewer Account Number Fund 11014.1102 White River NPDES UAA and APCEC Action Project Number Project Title Budgeted Item? Yes Current Budget $ 38,625.76 Funds Obligated $ 23,628.19 Current Balance 14,997.57 Does item have a cost? Yes Item Cost $ 14,000.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget 997.57 V20140710 Previous Ordinance or Resolution # 80-14 Original Contract Number: 2182 Approval Date: Comments: INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKVTal Agenda February 16, 2016 CITY OF Page 16 of 388 • ayCITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF FEBRUARY 16, 2016 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director 7� DATE: January 27, 2016 SUBJECT: Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $14,000, for the White River Water Quality Standards Petition RECOMMENDATION: City Administration recommends approval of Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation by $14,000 for legal actions relating to the White River Water Quality Standards and negotiations with the ADEQ and the Arkansas Pollution Control & Ecology Commission (APCEC). BACKGROUND: The Noland WWTP National Pollutant Discharge Elimination System (NPDES) permit contains limits on Total Dissolved Solids (TDS) and minerals, specifically chloride and sulfate. In that permit, the City was required to complete a Petition to the APCEC to change the local stream standards. If the APCEC does not approve our request, we might be required to complete a very expensive modification to our wastewater treatment plant to comply with the very strict limits of chloride, 20 mg/I; sulfate, 20 mg/I; and TDS, 160 mg/I. The estimated capital cost for this modification is approximately $45 million. The City's team consists of CH2M HILL, and the Mitchell, Williams law firm. DISCUSSION: The contract between the City and Mitchell, Williams was originally set at $48,000 and was amended in 2013 to $63,000 and again in 2014 to $83,000 to help cover un -anticipated costs due to Act 954. However, additional complications have arisen requiring the Mitchell, Williams firm to spend more time on the TDS and minerals effort than the amended contract allows for. There are still several tasks to be performed. Below is the list of items that still need to be done: • Team conference(s) to deal with comments by ADEQ • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers • Prepare and file Statement of Basis and Responsiveness Summary (Response to Comments) with the APCEC Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKFETAgenda February 16, 2016 Page 17 of 388 • Prepare for and attend (defend) legislative review of the Third -Party Rulemaking by Joint Legislative Public Health and Welfare Committee and the Joint Legislative Rules and Regulations Committee Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same . Prepare for and attend the APC&EC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to EPA BUDGET/STAFF IMPACT: Funds are available within the project budget. INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA P4gda February 16, 2016 Page 18 of 388 AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO.3 This Contract Amendment No. 3 dated January 13, 2016 shall amend the original contract between the City of Fayetteville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April 5, 2011, referred to in the following paragraphs as the original contract. This Contract Amendment No. 3: 1. Services to be Performed: Adds: Continued actions as required to obtain final approval from the Arkansas Pollution Control and Ecology Commission (APCEC) to modify site specific water quality criteria in the White River, to provide advice and guidance on what actions the City and its consultants need to take to successfully accomplish the task of receiving approval to the petition from two committees of the AR Legislature, and to assist in obtaining relevant approvals from USEPA. The following items are the currently known required actions: • Team conference(s) to deal with comments by ADEQ. • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers • Prepare and file Statement of Basis and Responsiveness Summary (Response to Comments) with the APCEC • Prepare for and attend (defend) legislative review of the Third -Party Rulemaking by Joint Legislative Public Health and Welfare Committee and the Joint Legislative Rules and Regulations Committee • Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same • Prepare for and attend the APC&EC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to LPA. 8. Compensation: Replaces not exceed compensation amount of $83,000 with not to exceed compensation amount of $97,000. WITNESS OUR HANDS THIS MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC BY LMarcella J. Tayl r a Allan Gates DAY OF ., 2016, CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor 437i736 I doc INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PAG1a February 16, 2016 Page 19 of 388 5Alt Attest: 1x- nn Kret Sondra Smith, City Clerk Mitchell, Williams, Selig, Gates & Woodyard, PLLC City of Fayetteville 425 West Capitol Avenue, Suite 1800 113 West Mountain Street Little Rock, AR 72201 Fayetteville, AR 72701 4375736 1 doc Final Agenda February 16, 2016 City of Fayetteville, Arkansas 113 West Mountaid?SgedO of 388 Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2016-0059 Agenda Date: 2/16/2016 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 RAZE AND REMOVAL AND CLEAN-UP AT 550 W. SKELTON STREET: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE AND CLEAN-UP OF UNSANITARY AND UNSIGHTLY CONDITIONS ON PROPERTY OWNED BY U.S. BANK NATIONAL ASSOCIATION LOCATED AT 550 W. SKELTON STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, U.S. Bank National Association is the record owner of the real property located at 550 W. Skelton Street, City of Fayetteville, Washington County, Arkansas, legally described as follows: The East Half of Lot 23, all of Lots 24, 25, 26 and part of Lot Number 27, thence North 210 feet, thence West 175 feet, thence South 210 feet, thence East 175 feet, to the point of beginning, all in J.W. Skelton's Subdivision of the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section Twenty -Eight (28) in Township Sixteen (16) North of Range Thirty (30) West, as per plat on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; and WHEREAS, the City Council has determined that the structure located on said property is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and WHEREAS, the City Council has determined that the said property is unsightly and unsanitary because of the presence of garbage, trash, rubbish, abandoned furniture and appliances, junk and debris which are harmful to the health of the community; and WHEREAS, U.S. Bank National Association, having been properly served with Violation Notices via Certified Mail, Return Receipt Requested, and given thirty (30) days to correct said violations, has refused to repair, or raze and remove said dilapidated, unsightly, and unsafe structure or remove the garbage, rubbish and other unsanitary and unsightly articles from the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That, by the authority granted pursuant to A.C.A. §14-56-203, and in accordance with the provisions of Section 173.09 of the Fayetteville Code of Ordinances, U.S. Bank National Association is hereby ordered to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property. The manner of removing said structure shall be: dismantle by hand or City of Fayetteville, Arkansas Page 1 Printed on 211112016