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HomeMy WebLinkAbout242-18 RESOLUTIONs xarp�r 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 242-18 File Number: 2018-0626 WOOLSEY CONSERVATION AREA: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT TO SUPPORT THE PERMANENT PRESERVATION OF APPROXIMATELY 44 ACRES OF ENVIRONMENTALLY SENSITIVE WET PRAIRIE AND OAK SAVANNAH HABITAT ON CITY -OWNED PROPERTY AT THE WESTSIDE WATER RESOURCE RECOVERY FACILITY WHEREAS, on November 19, 2013, the City Council expressed its support for an expansion of the Woolsey Wet Prairie by approximately 80 acres that could be used as mitigation credits for City projects; and WHEREAS, the City is working to establish a solar array that would provide nearly all of the power required by the Westside Water Resource Recovery Facility and staff has worked with the Northwest Arkansas Land Trust, Jacobs Engineering, Ozarks Electric Cooperative and Today's Power, Inc. to design the layout of the solar array to avoid the most sensitive lands on the property but this will require a reduced expansion of the Woolsey Wet Prairie. 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 expresses its intent to support the permanent preservation of approximately 44 acres of environmentally sensitive wet prairie and oak savannah habitat on City -owned property at the Westside Water Resource Recover Facility, as shown in the site plan attached to this Resolution. Page 1 Printed on 11121118 Resolution 242-18 File Number: 2018-0626 PASSED and APPROVED on 11/20/2018 Page 2 Attest: r iL I t �N; ..E■ K •`���: •'C'VT Y 0��gsG►. ■ FAYET-Tit ���� •'�hq �y A, Sondra E. Smith, City Clerk Treasurer Printed Printed on 11/21/18 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0626 Agenda Date: 11/20/2018 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: D. 6 WOOLSEY CONSERVATION AREA: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT TO SUPPORT THE PERMANENT PRESERVATION OF APPROXIMATELY 44 ACRES OF ENVIRONMENTALLY SENSITIVE WET PRAIRIE AND OAK SAVANNAH HABITAT ON CITY -OWNED PROPERTY AT THE WESTSIDE WATER RESOURCE RECOVERY FACILITY WHEREAS, on November 19, 2013, the City Council expressed its support for an expansion of the Woolsey Wet Prairie by approximately 80 acres that could be used as mitigation credits for City projects; and WHEREAS, the City is working to establish a solar array that would provide nearly all of the power required by the Westside Water Resource Recovery Facility and staff has worked with the Northwest Arkansas Land Trust, Jacobs Engineering, Ozarks Electric Cooperative and Today's Power, Inc. to design the layout of the solar array to avoid the most sensitive lands on the property but this will require a reduced expansion of the Woolsey Wet Prairie. 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 expresses its intent to support the permanent preservation of approximately 44 acres of environmentally sensitive wet prairie and oak savannah habitat on City -owned property at the Westside Water Resource Recover Facility, as shown in the site plan attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 11/2012018 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2018-0626 Legistar File ID 11/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/1/2018 SUSTAINABILITY/RESILIENCE (631) Submitted Date Action Recommendation: Division / Department Staff recommends approval of a resolution supporting the permanent preservation of approximately 44 acres of environmentally sensitive wet prairie and oak savannah habitat owned by the City of Fayetteville at the Westside Wastewater Treatment Plant. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance _ v� Item Cost Budget Adjustment Remaining Budget $ vzu i uvsn Previous Ordinance or Resolution # Res 235-13 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 20 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CC: Tim Nyander, Utilities Director Garner Stoll, Development Services Director FROM: Peter Nierengarten, Sustainability Director DATE: November 1, 2019 SUBJECT: Woolsey Conservation Area CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval of a resolution supporting the permanent preservation of approximately 44 acres of environmentally sensitive wet prairie and oak savannah habitat owned by the City of Fayetteville at the Westside Wastewater Treatment Plant. BACKGROUND: The Woolsey Wet Prairie was constructed in 2005 — 2008 adjacent to the Westside Wastewater Treatment Facility as a wetlands mitigation site for the Westside Wastewater System Improvement Project. The wetlands were required to be constructed to comply with the Army Corp of Engineers 404 permit to mitigate wetlands that were being degraded or destroyed in the construction of sewer lines, pump stations and the Westside Wastewater Treatment Plant. A deed restricted covenant was placed on the 43.8 acre constructed wetlands site as part of the Army Corp wetland mitigation permitting process. In November 2013, City Council passed Resolution 235-13, which expressed support for the expansion of the Woolsey Wet Prairie to create 80 additional acres as a wetlands bank to be used for City projects. Additionally, a $350,000 CIP was funded for the construction of the wetlands. Since that time demand for wetland credits has decreased and none of the CIP money has been expended on the wetlands expansion. Since the construction of the original 43.8 acre wetlands, the site has become quite popular with naturalists especially those in the birding community. It has also been designated as an Important Bird Area (IBA) by the Audubon Society due to the presence of over 182 species of birds reported on the site and on the surrounding City owned property. DISCUSSION: During the negotiations and siting discussion for a 5 MW solar power generation facility and associated battery storage at the Westside Wastewater Treatment Plant, it was discovered that Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the preferred siting for the solar array, located to the northwest of the existing 43.8 acre Woolsey Wet Prairie, potentially conflicted with other existing environmentally sensitive wet prairie and oak savannah habitat owned by the City at the Westside Wastewater Treatment Plant. Some of this area also potentially conflicted with the City Council supported 80 -acre wetland expansion. The City worked with the Northwest Arkansas Land Trust and Jacob Engineering, who manages the Wastewater Treatment Plant, to relocate the proposed array to avoid the most sensitive lands on the property that includes approximately 44 acres of existing natural wet prairie and pristine oak savannah habitats. In accordance with the 2013 Resolution, the Mayor requests that the City Council consider placing a permanent preservation easement on these approximately 44 acres of existing natural wet prairie and pristine oak savannah habitats. Additionally, the mayor requests that the existing unused CIP monies originally intended for wetland expansion be instead used to help fund a management plan the for preserved acreage that would help restore native habitat, remove invasive plants and open up access to the public. The Mayor and staff feel that ecological preservation and restoration of the existing habitats provide superior long-term environmental benefit to the area over the construction of additional engineered wetlands. If the City Council chooses to support this resolution, staff would then begin working to develop conservation easement documents and a habitat management plan for the property that would be brought back to City Council for approval at a later date. ZONING & MASTER STREET PLAN IMPACT Also during the initial siting work for the solar project, a conflict with the future Master Street Plan for Persimmon Street was identified. City Staff worked with the solar developer to allow adequate Right -of -Way along the existing location of Persimmon to accommodate eventual widening of the street in its existing location to the Master Street Plan specification. Additionally, 36.62 acres of the property along Persimmon Street is zoned RSF-8 with a bill of assurance specifying that only single-family houses can be built on the property. Staff is working to rezone that property to R -A which matches the balance of the City owned property at the Westside WWTP. This rezoning request has been submitted to the Planning Commission and would be brought back to the City Council after the November 26th Planning Commission Meeting. BUDGET/STAFF IMPACT: Existing CIP monies in the amount of $350,000 for the wetland expansion are available in the Water/Sewer fund for the management of the conservation area. Attachments: Westside Wastewater Treatment Plant Map Resolution No. 235-13 NWALT Letter of Support RESOLUTION NO. 235-13 A RESOLUTION TO REAFFIRM THE CITY COUNCIL'S SUPPORT FOR THE EXPANSION OF THE WOOLSEY WET PRAIRIE TO CREATE A WETLAND BANK FOR THE CITY AND POSSIBLY OTHER AGENCIES IF ALLOWED BY THE CORPS OF ENGINEERS WHEREAS, during the construction for the West Side Wastewater Treatment Facility, the Woolsey Wet Prairie was constructed to create an historical wetlands and to mitigate the wetlands loss caused by the construction of the treatment plant, new lift stations, and miles of new sewer mains; and WHEREAS, the Woolsey Wet Prairie did not even need to be planted with historical wetland prairie plants which instead sprouted from long dormant seeds once the wetland prairie was restored with berming and water controls; and WHEREAS, after the great success in restoring about 44 acres of wet prairie, the Mayor, City Council and City Staff determined in 2009 to expand the Woolsey Wet Prairie to about another 80 acres and funded this construction through the CIP for $350,000.00 in 2011; and WHEREAS, the Corps of Engineers has finally granted the City the approval to use credits from the expanded Woolsey Wet Prairie as mitigation credits for City projects (but will not now allow sale of these credits to outside agencies). 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 reaffirms the City Council's support for the expansion of the Woolsey Wet Prairie for about 80 additional acres to create a wetlands bank to be used for City projects and, if later approved by the Corps of Engineers, to be sold to other agencies to recover the costs of construction of this addition to the Woolsey Wet Prairie. PASSED and APPROVED this 19" day of November, 2013. APPROVED: ATTEST: ���tK l T,��� f�J, .rn FAYEi-fEVILLE1 ~ fff� I �i ti TON J, <<�1111Sf1IS By: �ci SONDRA E. SMITH, City Clerk/Treasurer AGENDA REQUEST FOR: COUNCIL MEETING OF November 19, 2013 FROM: CITY COUNCIL MEMBER ALAN LONG ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REAFFIRM THE CITY COUNCIL'S SUPPORT FOR THE EXPANSION OF THE WOOLSEY WET PRAIRIE TO CREATE A WETLAND BANK FOR THE CITY AND POSSIBLY OTHER AGENCIES IF ALLOWED BY THE CORPS OF ENGINEERS APPROVED FOR AGENDA: CC ci ber Alan Long Date YL 0 , �fAAPAOA-A 9,N 0 0 ]3 UUtili i s D*ctor David Jurgens (as t orm) City Attorney Lit Williams (as to form) Date I1 -Z -i3 Date 4 111 so From Date: Z.e eville �ARKANSAS� Kit Williams, City Attorney David Jurgens, Utilities Director November 5, 2013 Subject: Water/Sewer Committee's Request for Wetlands Resolution of Intent THE CITY OF FAYETTEVILLE, ARKANSAS UTILITIES DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 575-8330 F (479) 575-8257 The Fayetteville Water and Sewer Committee, by unanimous vote, has requested the City Attorney draft a resolution of intent regarding the wetlands known as the Woolsey Wet Prairie and surrounding acreage. The Committee requests the resolution state the following: The Woolsey Wet Prairie and the lands surrounding the Prairie as a valuable natural resource; The Committee wishes to request that the administration: ➢ expand the wetlands into the areas to the west and [forth, creating a deed restricted wetlands area; ➢ constructed the expansion as a wetlands bank, with the credits available for sale under requirements from the Corps of Engineers; ➢ employ the bank as a revenue source for the Water/Sewer fund; and ➢ pay for the construction of expanded wetlands by the sale of credits from the wetlands bank. Bac k round The wetlands north of and adjacent to the West Side Wastewater Treatment Facility (WWTF), now known as the Woolsey Wet Prairie, was constructed in 2005 — 2008 as a wetlands mitigation site as part of the Wastewater System Improvement Project. The wetlands was required to be constructed to comply with the Corps of Engineers 404 permit for the WSIP to mitigate wetlands that were being degraded or destroyed in the construction of sewer lines, pump stations, and the West Side WWTF. All of the construction costs were borne by the WSIP project fund. Per to the Corps of Engineers permit, 43.8 acres were deed restricted for the site. After the berms were constructed but before any wetlands plants were planted, species counts showed that the wetlands was blossoming without any plantings. There were dormant seeds in the soil that germinated now that the wetlands environment was created (or recreated) through the berming and water controls. As a result, a $143,000 contract to plant wetlands plants in the area was cancelled. The wetlands has continued to blossom to where 423 species of plants have been identified in an area where, from 2001-2005 when plans were under development, only 47 were found. Recognizing the enormous potential of the site, in 2009 the City staff, the Mayor and the City Council approved a capital project in the Capital Improvements Program, Number 11013, Wetlands Bank Construction, funding it with $350,000 in 2011. The project description from the 2010 CIP reads: ,This project is for the construction of an 80+ acre wetlands bank at the Woolsey Wet Prairie area at the west side wastewater treatment plant site. This wetlands bank is adjacent to the existing wetlands mitigation site developed for the Wastewater System Improvement Project. The project will include development of a prospectus to be presented to the Corps of Engineers and for the construction and ongoing maintenance. The credits created in the bank can then be sold to customers within the Illinois River Watershed and other areas as approved by the Corps. The project is expected to be a net revenue generator for the City, with initial funding to be provided from the sale of four acres of the Water & Sewer wastewater treatment plant site to Ozarks Electric and the sale of credits from the existing mitigation site. In October, 2013, the Corps of Engineers granted the City approval to use credits from Woolsey Wet Prairie as mitigation credits for City owned projects, but will not allow the sale of the credits to outside agencies. Wetlands Resolution Memo to Cly Anny 5No) RESOLUTION NO. A RESOLUTION TO REAFFIRM THE CITY COUNCIL'S SUPPORT FOR THE EXPANSION OF THE WOOLSEY WET PRAIRIE TO CREATE A WETLAND BANK FOR THE CITY AND POSSIBLY OTHER AGENCIES IF ALLOWED BY THE CORPS OF ENGINEERS WHEREAS, during the construction for the West Side Wastewater Treatment Facility, the Woolsey Wet Prairie was constructed to create an historical wetlands and to mitigate the wetlands loss caused by the construction of the treatment plant, new lift stations, and miles of new sewer mains; and WHEREAS, the Woolsey Wet Prairie did not even need to be planted with historical wetland prairie plants which instead sprouted from long dormant seeds once the wetland prairie was restored with berming and water controls; and WHEREAS, after the great success in restoring about 44 acres of wet prairie, the Mayor, City Council and City Staff determined in 2009 to expand the Woolsey Wet Prairie to about another 80 acres and funded this construction through the CIP for $350,000.00 in 2011; and WHEREAS, the Corps of Engineers has finally granted the City the approval to use credits from the expanded Woolsey Wet Prairie as mitigation credits for City projects (but will not now allow sale of these credits to outside agencies). 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 reaffirms the City Council's support for the expansion of the Woolsey Wet Prairie for about 80 additional acres to create a wetlands bank to be used for City projects and, if later approved by the Corps of Engineers, to be sold to other agencies to recover the costs of construction of this addition to the Woolsey Wet Prairie. PASSED and APPROVED this 19th day of November, 2013. APPROVED: ATTEST: By: By:__ - LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 1 oAT7TLi rsr ARK tylsAs LANA] TRUST City Hall 113 W. Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan, October 29, 2018 I write on behalf of the Northwest Arkansas Land Trust (NWALT), an Arkansas non-profit corporation, in support of the City of Fayetteville's plan to conserve +/- 44 acres of City owned property adjacent to and northwest of the Woolsey Wet Prairie mitigation site in Fayetteville, Arkansas. NWALT strongly supports the preservation and permanent protection of this acreage, which has a high conservation value being a last vestige of unplowed prairie in the area. As an organization that has collaborated with the City of Fayetteville on important conservation projects in the past, NWALT is excited about the possibility of permanently protecting this land, and is encouraged by the City's continued commitment to conservation of open space in our region. NWALT looks forward to assisting the City of Fayetteville in this conservation effort and collaboration on future projects. Please call us at 479-966-4666 if you have any questions. Sincerely, JAZI� Terri Lane Executive Director tlane@nwalandtrust.org P: 479-966-4666 • F: 479-966-4668 www.nwalandtrust.org 1725 Smokehouse Trail Fayetteville, AR 72701 Preserving quality of life in Northwest Arkansas through the permanent protection of land.