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Home My WebLink About100-13 RESOLUTIONRESOLUTION NO. 100-13 A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION RELATING TO THE SECOND STATEMENT OF JOINT PRINCIPLES, STRESSOR RESPONSE, AND MONITORING EVOLVING WATER QUALITY ISSUES, AUTHORIZING AN EXPENDITURE OF UP TO $40,000.00 FOR THE AGREEMENT, AND AUTHORIZING A $5,000.00 CONTINGENCY 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 an amendment to the Intergovernmental Agreement with the Northwest Arkansas Regional Planning Commission relating to the Second Statement of Joint Principles, stressor response, and monitoring evolving water quality issues, authorizes an expenditure of up to $40,000.00 for the Agreement, and authorizes a $5,000.00 contingency. PASSED and APPROVED this 7 h day of May, 2013. APPROVED: ATTEST: By: �Z4 -- -/w.,� By: 16-Rr-E-L-WZ/X D JCqAN, Nfayor SON RA E. SMITH, City Clerk/Treasurer ��unn►rrr FAYETTEVILLE; c . City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/7/2013 City Council Meeting Date Agenda Items Only David Jurgens Water/Wastewater Utilities Submitted By Division Department $ 45,000.00 $ 69,856.00 Phosphorus Reduction Cost of this request Category / Project Budget Program Category / Project Name 5400.5100.5314.00 $ - Wastewater Treatment Account Number Funds Used to Date Program / Project Category Name 10027-1001 $ 69,856.00 Water and Sewer Project Number Budgeted Item 0 Depa ��z Remaining Balance Budget Adjustment Attached Fund Name Yc I Previous Ordinance or Resolution # Date Original Resolution Date: t/—/I—a Original Contract Number: Date 73-12 99-10 4/17/2012 6/1 /2010 Q y ^ 14.2013 314-1 ;r_i 3 PO 31 R CV Finance and Internal Services Director Date Received in City Clerk's Office -7'1-13 hief of St Date Fn r Received in `�`' Mayor's Office J av Da Revised January 15, 2009 To: Thru: From Date: • ayZeev!e RKANSAS� Fayetteville City Council Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Direcl Fayetteville Water and Sewer April 17, 2013 CITY COUNCIL AGENDA MEMO MEETING DATE OF MAY 7, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Intergovernmental Agreement Amendment with Northwest Arkansas Regional Planning Relating to the Second Statement of Joint Principles, Stressor Response, and Monitoring Evolving Water Quality Issues RECOMMENDATION Staff recommends approval of an amendment to the Intergovernmental Agreement with Northwest Arkansas Regional Planning to continue the Intergovernmental Working Group (IWG) cooperative regional efforts relating to the Second Statement of Joint Principles, the Stressor Response Study contained therein, and to monitor, evaluate, and report the likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas, with an authorized expenditure of up to $40,000 for the agreement and a $5,000 contingency. BACKGROUND Coordinated through NWARPC, the Cities of Fayetteville, Springdale, Rogers, Bentonville, and Siloam Springs, and Washington and Benton Counties, have been working together in an effort to ensure our interests are fully represented in any future decisions that may be made by the Arkansas Department of Environmental Quality (ADEQ) and EPA Region 6 relating to phosphorus, future proposed changes to stream standards, and wastewater discharge requirements. Using an approved professional selection process, the group has hired several firms to conduct scientific evaluations and to facilitate the group's efforts. Siloam Springs has officially pulled out of the IWG as of September, 2012, but continues to remain active on the subjects involved. Fayetteville's focus is that we are well into many activities that protect our watersheds generally and reduce nutrients very specifically. The Nutrient Reduction Plan, stream bank protection ordinance, low impact development ordinance, aggressive public education campaigns, evaluation of the stormwater utility, and strict stormwater management are all examples of efforts completed, underway, and programmed in the future. We believe these efforts can produce better results for water quality at significantly reduced cost compared to simply reducing the wastewater treatment permit limits. DISCUSSION This amendment updates the agreement and adds in a financial commitment to support the Stressor Response Study which is agreed to within the Second Statement of Joint Principles and Actions between Arkansas and Oklahoma relating to water quality in the Illinois River. This study will produce what Arkansas agencies have been requesting for decades- a scientific based determination of what the water quality standards should be in the Illinois River. This agreement will allow the IWG, through Northwest Arkansas Regional Planning, to provide a portion of the funds needed to fund the study. The study is estimated not to exceed $600,000 total, and will be completed in approximately two years. BUDGET IMPACT $69,856 is available in project 10027. Fville-NWARP Agreement CCMemo Apr13 RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION RELATING TO THE SECOND STATEMENT OF JOINT PRINCIPLES, STRESSOR RESPONSE, AND MONITORING EVOLVING WATER QUALITY ISSUES, AUTHORIZING AN EXPENDITURE OF UP TO $40,000.00 FOR THE AGREEMENT, AND AUTHORIZING A $5,000.00 CONTINGENCY 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 an amendment to the Intergovernmental Agreement with the Northwest Arkansas Regional Planning Commission relating to the Second Statement of Joint Principles, stressor response, and monitoring evolving water quality issues, authorizes an expenditure of up to $40,000.00 for the Agreement, and authorizes a $5,000.00 contingency. PASSED and APPROVED this 7t` day of May, 2013. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION This agreement is made this 741— day of 2013 by and between the City of Fayetteville, Arkansas, hereinafter called City, and thg Northwest Arkansas Regional Planning Commission, hereinafter called NWARPC. WHEREAS, Springdale, Rogers, Fayetteville, Bentonville, Benton County, and Washington County have continued participation in a coordinated, cooperative regional effort to insure that the regior(s interests are fully represented in any future decisions that may be made regarding water quality matters, particularly as they relate to impending phosphorus standards; and Whereas, Arkansas and Oklahoma, on February 20, 2013, entered into an agreement entitled"Second Statement of Joint Principles and Actiong'conditionally extending for 3 years the original 10-year agreement associated with Oklahomas phosphorus limits; and Whereas the Second Statement of Joint Principles and Actions includes a Stressor Response Study to be funded by entities within the State of Arkansas The City of Fayetteville Agrees To: Add actions related to the Second Statement of Joint Principles and Actions, including providing an equal share of funding of up to $40,000 per year for up to two years for the Stressor Response Study and other actions, to the scope of this Intergovernmental Agreement. The Northwest Arkansas Regional Planning Commission Agrees To: Add actions related to the Second Statement of Joint Principles and Actions, including the Stressor Response Study and other actions, to the scope of this Intergovernmental Agreement. All elements of the base agreement remain in effect. IN WITNESS WHEREOF, the City of Fayetteville and the Northwest Arkansas Regional Planning Commission have executed these presents by their respective authorized representatives, having been authorized to do so by appropriate resolution. Northwest Arkansas Regional Planning Commission Witnessed By: nnrrr►►►� ,K / T,y s, \T Y FAYETTEVILLE •• 9 c. kANSPti p`)�`� City Clerk W W Agreement Fayetteville Amend 1 2013.doc