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HomeMy WebLinkAbout148-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 148-20 File Number: 2020-0177 NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE: A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended (A.C.A. 25-20-101 et seg.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance; and WHEREAS, on May 8, 2020, the Arkansas Attorney General issued Opinion No. 2020-018 approving this proposed interlocal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 618120 Resolution: 148-20 File Number 2020-0177 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Northwest Arkansas Razorback Greenway Alliance Agreement and authorizes Mayor Jordan to sign the agreement attached to this Resolution. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that the Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista). PASSED and APPROVED on 6/4/2020 Attest:. 01 1 1f T RF4i, • FAYETTEVILLE Kara Paxton, City Clerk Treasure%�� .,�q�; • •Rf�ANS.. J ``�. �.,;,iyiNG; "JiGN4 Page 2 Printed on 618120 !� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 � (479)575-8323 l Text File File Number: 2020-0177 Agenda Date: 6/2/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A 2 NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE: A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended (A.C.A. 25-20-101 et seq.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance; and WHEREAS, on May 8, 2020, the Arkansas Attorney General issued Opinion No. 2020-018 approving this proposed interlocal agreement. 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 approves the Northwest Arkansas Razorback Greenway Alliance Agreement and authorizes Mayor Jordan to sign the agreement attached to this Resolution. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that the Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, City of Fayetteville, Arkansas Page 1 Printed on 61512020 File Number 2020-0177 Lowell, Rogers, Bentonville, and Bella Vista). City of Fayetteville, Arkansas Page 2 Printed on 6/5/2020 City of Fayetteville Staff Review Form 2020-0177 Legistar File ID June 2nd, 2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 5/11/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests approval of the Northwest Arkansas Razorback Greenway Alliance Agreement for joint, cooperative undertakings associated with the operations and management of the Northwest Arkansas Razorback Greenway, between the Cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Budgeted Item? NA Project Title Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 2ND, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: May 11th, 2020 CITY COUNCIL MEMO SUBJECT: 2020-0177 Northwest Arkansas Razorback Greenway Alliance Agreement RECOMMENDATION: Staff requests approval of the Northwest Arkansas Razorback Greenway Alliance Agreement for joint, cooperative undertakings associated with the operations and management of the Northwest Arkansas Razorback Greenway, between the Cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. BACKGROUND: In December of 2012 the Razorback Greenway Operations and Management Plan was approved by Resolution 227-12. This plan defines the maintenance, management and operation requirements associated with the Razorback Greenway facilities and lands that are located within the City of Fayetteville. Also included in the Operations and Management plan was a commitment from each city to participate through membership in a regional committee as is established by the proposed agreement, with the purpose of jointly and cooperatively facilitating the policies, goals, objectives, and recommendations outlined in the adopted plan. With the Razorback Greenway now 5 years old, there is renewed interest and potential funding for updates to insure the Greenway stays in the top of class. When updates including changes to the Greenway brand were brought to the attention of the individual cities along the Greenway it became apparent that there is a need for an alliance of representatives to provide consistent guidance for the operations and management of the Greenway. The Interlocal Cooperation Act requires that interlocal agreements be approved by the State Attorney General. On May 8th, 2020 the State of Arkansas Attorney General Leslie Rutledge provided a letter approving the Razorback Greenway Alliance Agreement finding that it meets all of the requirements set forth in the Interlocal Cooperation Act. DISCUSSION: The proposed Alliance Agreement would be governed by a seven -member Joint Board consisting of a representative of each city through which the Greenway traverses. A designated representative would be responsible to the Mayor and all affirmative decisions for the Board shall require unanimous approval of the entire Board. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: None Attachments: Northwest Arkansas Razorback Greenway Alliance Agreement Attorney General letter approving the Interlocal Agreement Resolution 227-12 — Razorback Greenway Operations & Management Plan NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE AGREEMENT AN AGREEMENT FOR JOINT, COOPERATIVE UNDERTAKINGS ASSOCIATED WITH THE OPERATIONS AND MANAGEMENT OF THE NORTHWEST ARKANSAS RAZORBACK GREENWAY, between the Cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. ARTICLE I — AUTHORIZATION Under provisions of the Interlocal Cooperation Act, as amended, codified as A.C.A. 25- 20-101, et seq., the cities listed above, herein called the parties to this agreement, agree to join cooperatively to insure and facilitate uniformity and consistency in the standards, operations, and management of the Northwest Arkansas Razorback Greenway (the "Greenway") consistent with the respective "Northwest Arkansas Razorback Greenway Operations and Management Plan" previously adopted by each City; and in furtherance of such joint cooperation, herewith form the Northwest Arkansas Razorback Greenway Alliance (the "Alliance"). ARTICLE II — DURATION The Alliance shall have a perpetual existence. ARTICLE III - PURPOSE The Northwest Arkansas Razorback Greenway was conceived, designed, and constructed as a world -class facility and an amenity of regional significance. During the planning phase, it was acknowledged by each city, that while each had its own operations and maintenance departments, a key to a sustainable quality Greenway over the length of the corridor would be a consistency of standards, cooperation and coordination and the building of enduring partnerships. Because of its unique regional characteristics, stewardship of the Greenway requires a non-traditional and uniquely cooperative approach to management and operations. Accordingly, each city adopted the "Northwest Arkansas Razorback Greenway Operations and Management Plan," hereafter referred to as the "Plan," which established uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements. Also included in the Plan was a commitment from each city to participate through membership in a regional committee as is established by this agreement, with the purpose of jointly and cooperatively facilitating the policies, goals, objectives, and recommendations outlined in the adopted Plan. ARTICLE IV — FINANCING Any contribution, bequest, gift or grant of funds to the work of the Alliance for Greenway associated purposes may be received and disbursed, pursuant to the budgeting direction of the Alliance, through the Northwest Arkansas Regional Planning Commission (NWARPC), of which all signatories hereto are members. In no event shall any Alliance member be financially obligated without the consent of its governing body. ARTICLE V - TERMINATION This agreement shall continue in full force subsequent to its adoption by all signatory parties. Whenever one (1) member jurisdiction shall by resolution withdraw from the Alliance, this agreement shall cease to be in effect, and the Alliance considered dissolved. Any assets or funds set aside for the Alliance shall subsequently be disbursed to each of the seven (7) members in equal shares. ARTICLE VI — MEMBERSHIP A. CONSTITUTION. The Alliance shall be governed by a seven (7) member Joint Board consisting of a representative of each city through which the Greenway traverses. The Board shall include the Mayor, or a representative designated by the Mayor of each city that is a member of the Alliance. The designated representative shall be responsible to the Mayor or to an agency of the City. All affirmative decisions of the Board shall require unanimous approval of the entire Board. B. TERMS. A Board member who is a Mayor may serve on the Board during his or her term of office as a member of the Alliance. A Board member who is the designated representative of a Mayor serves at the pleasure of the Mayor of the city. The term of such a member shall not extend beyond the term of the appointing public official. A new Mayor may designate the same person who served as the designated representative of a previous Mayor, as their designated representative to serve as a member. C. PAY AND EXPENSES. The members of the Board of the Alliance shall receive no salary or per diem. ARTICLE VII — POWERS AND DUTIES It shall be the duty of the Joint Board to cooperatively work to achieve the Purposes as set out in Article III hereof. ARTICLE VIII — OFFICERS, MEETINGS, AND RULES A. OFFICERS. At its organizational meeting and at the first regular meeting of each fiscal year, the Board shall elect one of its members as Chairman, and one as Vice -Chairman. B. MEETINGS. The Board shall meet not less than quarterly at dates, times, and places to be established by the Board. All meetings shall be open to the public as provided by Arkansas law, and shall be conducted pursuant to procedures established by the Board. A meeting may be called at the direction of the Chairman, or upon the direction of a majority of the members of the Board. C. RULES. Four (4) members of the Board shall constitute a quorum; however, decisions affecting the Greenway shall, in order to be affirmative, require unanimous approval of all Board members. The Board shall adopt rules for the transaction of business, and shall keep a complete record of its activities and business, which shall be a public record. The Board may avail itself of NWARPC services to convene meetings, provide accommodations, give appropriate public notice, keep records, and to provide needed financial services. ARTICLE IX — AMENDMENT This Agreement may be modified or amended in the samc manner as this Agreement was adopted. ARTICLE X — ENTIRE AGREEMENT This writing constitutes the entire agreement between the parties. In WITNESS WHEREOF the parties hereto have caused tW Agreeto be executed in their respective behalves on the signature dates set forth law. m n J 1. CITY OF FAYETTEVILLE, ARKANSAS, BY:/ / �-� 2. CITY OF JOHNSON, ARKANSAS, BY: 3. CITY OF SPRINGDALE, ARKANSAS, BY: 4. CITY OF LOWELL, ARKANSAS, BY: 5. CITY OF ROGERS, ARKANSAS, BY: DATE: A � �I DATE: DATE: DATE: DATE: 6. CITY OF BENTONVILLE, ARKANSAS, BY: 7. CITY OF BELLA VISTA, ARKANSAS, BY: DATE: DATE: RESOLUTION A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended (A.C.A. 25-20-101 et seq.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , ARKASNAS: SECTION 1. That the Mayor be, and is hereby authorized to execute the "Northwest Arkansas Razorback Greenway Alliance Agreement," which is herewith approved and attached hereto. SECTION 2. That said Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista). PASSED AND APPROVED THIS DAY OF .2020. ATTEST: City Clerk Mayor STATE OF ARKANSAS ATTORNEY GENERAL LESLIE RUTLEDGE Opinion No. 2020-018 May 8, 2020 Ernest B. Cate, Esq. Springdale City Attorney 201 Spring Street Springdale, AR 72764 Dear Mr. Cate: Pursuant to the Interlocal Cooperation Act,' you have requested my approval of a proposed "agreement for joint, cooperative undertakings associated with the operations and management of the Northwest Arkansas Razorback Greenway" (the "Greenway") between the cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista, Arkansas. You have submitted a copy of the Agreement. It provides for establishment of the Northwest Arkansas Razorback Greenway Alliance (the "Alliance") to facilitate the cities' joint cooperation "to [ensure] and facilitate uniformity and consistency in the standards, operations, and management" of the Greenway as outlined in the Northwest Arkansas Razorback Greenway Operations and Management Plan previously adopted by each of the above -listed cities. You seek my approval pursuant to the statutory requirement that I approve the form of any interlocal agreement.2 1 Ark. Code Ann. §§ 25-20-101 — 108 (Repl. 2014 and Supp. 2019). 1 Ark. Code Ann. § 25-20-104(f) (Repl. 2014). The cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista clearly qualify as public agencies under Ark Code Ann. § 25-20-103(1)(B) (Supp. 2019) ("Public agency means any ... [p]olitical subdivision of this state"). With respect to the range of permissible agreements under the Interlocal Cooperation Act, subsection 25-20-104(a) provides in pertinent part that "[a]ny governmental powers, privileges, or authority exercised or capable of exercise by a public agency of this state alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law ...." 323 CENTER SFRr1:T, SUITF 200 • Lf11-11 ROCK, ARKANSAs 72201 TFUPHONF. (501) 682-2007 • FAX (501) 682-8084 ARKANSASAG.GOV The Hon. Ernest B. Cate Esq. City Attorney Opinion No. 2020-018 Page 2 The Interlocal Cooperation Act requires that interlocal agreements for joint or cooperative action specify the following items: (1) The duration of the agreement; (2) The identity of any separate legal entity to conduct the undertaking; (3) The purposes of the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for it; (5) The methods of accomplishing termination of the agreement and for the disposal of property (if any) upon termination; (6) Any other necessary and proper matters.3 In addition, if the interlocal agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must specify the following items: (1) The provision for an administrator or a joint board that will be responsible for administering the joint or cooperative undertaking; and (2) The manner of acquiring, holding, and disposing of real and personal property (if any) used in the joint or cooperative undertaking.4 Having reviewed the proposed Northwest Arkansas Razorback Greenway Agreement, I find that it meets all of the requirements set forth above. Accordingly, I hereby approve the interlocal agreement as submitted. Sincerely, LESLIE RUTLEDGE Attorney General ' Ark. Code Ann. § 25-20-104(c). 4 Id. at § 25-20-104(d). RESOLUTION NO.227-12 A RESOLUTION TO APPROVE THE NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN FOR RAZORBACK GREENWAY TRAILS WITHIN FAYETTEVILLE WHEREAS, the City of Fayetteville has reviewed the Northwest Arkansas Razorback Greenway Operations and Management Plan as applicable to sections of the Greenway that extend through the City of Fayetteville's municipal jurisdiction; and WHEREAS, the purpose of this Operations and Management Plan is to define the maintenance, management and operation requirements associated with the Razorback Regional Greenway facilities and lands that are located within the City of Fayetteville; and WHEREAS, the Plan has been reviewed and approved by all City Departments that are responsible for maintaining, managing and operating the lands and facilities of the Greenway and other tails within Fayetteville; and WHEREAS, Article XI Operations of Vehicles and Use of City Trails of Title VII Traffic Code of the Code of Fayetteville regulating multi -use operations shall have precedence and supersede if there would be any conflict with this Plan. 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 approves the Northwest Arkansas Razorback Greenway Operations and Management Plan (attached as Exhibit A) as it applies to current or future Razorback Greenway trails within the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees that the Northwest Arkansas Razorback Grcenway Operations and Management Plan shall be used as a guide for maintenance and management for current and future Razorback Greenway trails within Fayetteville. PASSED and APPROVED this 4`h day of December, 2012. APPROVED: ATTEST: By: By: hoail, Z )4mx- AN rV. LIU LD JO,,AA, Mayor SONDRA E. SMITH, City Cler & ©,c'•sG�'s • •�'' v; FAYE1TEVtt.CE; :'0— i 5� •.9�Q 5 '��' •. kgNSP••ci�: its " ��`` City of Fayetteville Staff Review For City Council Agenda Items and Contracts, Leases or Agreements 12/4/2012 City Council Meeting Date Agenda Items Only Matt Mihalevich Engineering Development Services Submitted By Division Department N/A N/A N/A Cost of this request Category / Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item �x Budget Adjustment Attached &.; 11-SlAktl OepartmD en irector Date City Attorney Date Finance and Internal Services Director Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: --is-2s11 Date Received in Cit Clerk's Office Date UL/5 Received in Mayor's Office �Dat Revised January 15, 2009 ZayeCteville CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer Co From: Matt Mihalevich, Trails CoordinatorM'v`" Date: November 14, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Operations and Management Plan for the Razorback Regional Greenway RECOMMENDATION Staff recommends approval of an Operations and Management Plan for the sections of the Razorback Regional Greenway within the City of Fayetteville. PROPOSAL: To insure proper operations and management of the new 36-mile Razorback Regional Greenway, each of the Cities containing sections of the greenway have adopted similar versions of an Operations and Management Plan. Since Fayetteville already operates and maintains over 20 miles of trails, the Fayetteville version of the Operations and Management Plan has been modified to model the existing operation and maintenance procedures. The Police, Parks & Recreation and Transportation departments have reviewed and approved the attached Operations and Management Plan. BUDGET IMPACT: This Operations and Management plan formalizes the existing operation and maintenance procedures of the trail system for the Police, Parks & Recreation and Transportation departments without requesting additional funding. Current budgets within these departments will cover the responsibilities outlined within this document. RESOLUTION NO. A RESOLUTION TO APPROVE THE NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN FOR RAZORBACK GREENWAY TRAILS WITHIN FAYETTEVILLE WHEREAS, the City of Fayetteville has reviewed the Northwest Arkansas Razorback Greenway Operations and Management Plan as applicable to sections of the Greenway that extend through the City of Fayetteville's municipal jurisdiction; and WHEREAS, the purpose of this Operations and Management Plan is to define the maintenance, management and operation requirements associated with the Razorback Regional Greenway facilities and lands that are located within the City of Fayetteville; and WHEREAS, the Plan has been reviewed and approved by all City Departments that are responsible for maintaining, managing and operating the lands and facilities of the Greenway and other tails within Fayetteville; and WHEREAS, Article XI Operations of Vehicles and Use of City Trails of Title VII Traffic Code of the Code of Fayetteville regulating multi -use operations shall have precedence and supersede if there would be any conflict with this Plan. 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 approves the Northwest Arkansas Razorback Greenway Operations and Management Plan (attached as Exhibit A) as it applies to current or future Greenway trails within the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees that the Northwest Arkansas Razorback Greenway Operations and Management Plan she be used as a guide for maintenance and management for current and future Razorback Greenway trails within Fayetteville. PASSED and APPROVED this 41h day of December, 2012. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Northwest Arkansas Razorback Greenway EST 4R� O J' �0 'QegCt( GVt; Operations and Management Plan City of Fayetteville, Arkansas Prepared November 2012 Adopted by the City of Fayetteville , 2012 City of Fayetteville, Arkansas Northwest Arkansas Razorback Greenway Operations and Management Plan 1. Overview 1.1 Project Description and Objectives The mission of this Operations and Maintenance Plan is to promote a well -maintained, well-groomed, safe, secure and pleasant -to -use Razorback Greenway shared -use public trail. The Greenway corridor must be an asset to the City of Fayetteville and a good neighbor to surrounding public and private properties, businesses and landscapes. The standard of care and quality will be consistent across the multiple jurisdictional boundaries of Northwest Arkansas. Fayetteville agrees to maintain the Razorback Greenway to the regional standards defined herein. The term operations and maintenance refers to specific day-to-day tasks as well as the longer term remedial functions and programs performed to assure resources and facilities of the Greenway are kept in good usable condition. This begins with sound design, durable components, and a comprehensive management plan. In addition, community groups, residents, business owners, developers and other stakeholders will continue to be engaged in the long-term stewardship of the resources preserved and enhanced by the Razorback Greenway as it extends through the City of Fayetteville. The Razorback Greenway plan envisions a continuous multi -use, non -gas motorized corridor accommodating bikes, pedestrians, roller -skaters, wheelchairs and other human - propelled uses. The Greenway extends approximately 9 miles through Fayetteville, from Lake Fayetteville Trail to Clear Creek Trail to Scull Creek Trail to Frisco Trail. to Walker Park Trail. The Greenway corridor may include and incorporate: parks, feature areas, plazas, open spaces, streams and wetlands, as well as cultural and interpretive elements. 1.2 The Jurisdictions and Partners The Razorback Greenway will traverse six jurisdictions including: Bentonville; Rogers; Lowell; Springdale; Johnson; and Fayetteville. In addition, portions of the trail will run within, or proximate to, State of Arkansas and the United States Department of Transportation rights -of -way. Most of the trail corridor will be off-street, though some portions will be on -street, accommodating bicycles on the roadway and pedestrians on sidewalks. Because the trail and the greenway corridor includes streets, streams, parks and other spaces, multiple departments and agencies within the jurisdictions must also be engaged; including Parks and Recreation, Transportation, Planning, Engineering, Police and Fire/rescue agencies. Razorback Greenway: Fayetteville 3 DRAI~ f - Operations and Management Plan Razorback Regional Greenway Fayetteville, Arkansas 9.4 Miles within the City of Fayetteville I � _ -- I 41 To Springdale 1 1 .,k GI�k;12`�- 1 City o4 Johnson • ,� j ' 1 1 1 1 ------�. _1$ I ! 1 / � 1 see P. s • � l� Y j LL Razorback Greenway: Fayetteville 4 DRAFT - Operations and Management Plan While each major jurisdiction has its own operations and maintenance departments, a key to a sustainable quality greenway over the length of the corridor will be a consistency of standards, cooperation and coordination amongst the communities and building enduring partnerships engaging both public and private sector leadership. While some of the jurisdictions already have a history of existing trails and greenway management, for others the Razorback Greenway will represent the first major trail/greenway maintenance obligation and there will be a need for capacity building and diversification of skills and resources to meet this challenge in those communities. This report provides guidelines and strategies to help address this need of both coordination and capacity. 1.3 Guiding Principles of Quality/Cost-Effective Trail Management The trail and greenway system should be viewed and maintained as a world -class public resource. Indeed it will become infrastructure similar to the street system, park system or utility networks serving the communities for generations to come. The following guiding principals will help assure the preservation of a first class system: l . Good maintenance begins with sound planning and design. 2. Foremost protect life, property and the environment. 3. Promote and maintain a quality outdoors recreation and transportation experience. 4. Maintain quality control and standards. 5. Develop a management plan that is reviewed and updated annually with tasks, operational policies, standards, and routine and remedial maintenance goals. 6. Conduct regular inspections and keep complete records. 7. Maintain an effective, responsive public feedback system and promote public participation. 8. Be a good neighbor to adjacent properties. 9. Operate a cost effective program with sustainable funding sources. 10. The City agrees to maintain membership on a regional committee of respective agencies and jurisdictions that are situated along the length of the Razorback Greenway to establish, adopt, and implement a uniform program of trail management. The Razorback Greenway traverses three different types of environments: parkland owned by local government, urban land that is either within public ownership or will be acquired as public access and use easements, and private land where multi -use trail easements have been acquired by the City for the purpose of public access. This management and operations plan addresses lands associated with the Razorback Greenway. The operations and management plan for the Razorback Greenway provides baseline information for tasks that need to be undertaken by the City of Fayetteville and its project partners. This plan recommends a series of work items and tasks that need to be Razorback Greenway: Fayetteville 5 DRAFT - Operations and Management Plan completed in order to maintain the Razorback Greenway Trail system as an attractive, safe, and enjoyable amenity. The following defines key aspects of the Razorback Greenway management, beginning with operational policies, followed by facility management, land management, safety, security, emergency response and risk management. 2.Operations and Maintenance Functions 2.1 Overview of Functional Areas The functional landscapes that are part of the Razorback Greenway, located within the City of Fayetteville, are: 1) Fayetteville Trail Head 2) Lake Fayetteville Trail 3) Clear Creek Trail 4) Scull Creek Trail 5) Frisco Trail 6) Walker Park 2.2 Maintenance —Routine, Remedial and Seasonal Defined Routine Maintenance refers to the daily/weekly/monthly regime of trail sweeping, trash and debris removal, sign replacement, weed control, tree and shrub trimming, and other regularly scheduled activities. Routine maintenance also includes minor repairs and replacement such as fixing cracks and potholes or repairing a broken hand railing. Remedial Maintenance refers to correcting significant defects as well as repairing, replacing or restoring major components that have been destroyed, damaged, or significantly deteriorated during the life of the project. Some items ("minor repairs") may occur on a five to ten year cycle such as repainting, seal coating asphalt pavement or replacing signage. Major reconstruction items will occur over a longer period or after an event such as a flood. Examples of major reconstruction remedial maintenance include stabilization of a severely eroded hillside, repaving a significant stretch of the trail surface, repaving a street used for biking or replacing a footbridge. Remedial maintenance should be part of a long-term capital improvement plan. Longevityof Greenway Asphalt Facilities 10 to 20 years Concrete 20 years + Boardwalk 15 to 20 years Bridge/Underpass/Tunnel 50 years + Seasonal Maintenance —In addition to the routine and remedial categories, there are seasonal tasks that should be performed as needed. Designated maintenance crews should remove leaf debris, gravel and mud, etc. from all network facilities as soon as possible. Razorback Greenway: Fayetteville 6 DRAFT - Operations and Management Plan 2.3 Components That Are Maintained Following are the key components of the Razorback Greenway System: ■ Off -Street Shared -Use Trails ■ Off -Street Side Trails ■ Trail -Related Corridors (such as landscaping, vegetation and viewsheds adjacent to the trail.) ■ On -Street Bicycle and Pedestrian Facilities (such as bike lanes, cycle tracks and bike routes) ■ Associated Natural Resource Areas (such as streams,woodlands,wetiands and other natural and cultural resources proximate and associated with the trail) ■ Trailheads and Access Points ■ Trail -Related Park and Feature Areas (integral to the trail system) ■ Associated Sidewalks (interconnecting with or adjacent to trails and on -street routes.) ■ Associated Streetscapes 2.4 Typical operations and maintenance tasks include: In General • User Courtesy and Regulatory Framework/Hours of Operation • Conflict Reduction and Resolution • User Safety and Risk Management ■ Prompt graffiti and vandalism repair ■ Herbicide Management ■ Programming and Events ■ Stewardship and Enhancement ■ Coordinate volunteer and adopt-a-trail/street activities ■ Oversight and Coordination ■ User/Neighboring Property Feedback and Response Off -Street Shared -Use Trails ■ Inspection ■ Trail Surface Maintenance ■ Sweeping ■ Vegetation Management including tree and branch trimming and fallen tree removal ■ Erosion Control ■ Litter and Trash Removal ■ Repair Trail Structures ■ Fixture and Furnishings Maintenance ■ Signage and Displays, Public Art ■ Lighting and signal maintenance ■ Toilet Facility Service ■ Remedy "Social Trails" (such as shortcuts) ■ Address Detours/Disruptions (Promptly) ■ Patrol and Security Services ■ Accident and Incident Data Tracking ■ User Feedback and Follow-up Razorback Greenway: Fayetteville 7 DRAFT - Operations and Management Plan Trail -Related Corridors and Associated Resource Conservation Areas* ■ Inspection ■ Vegetation Management ■ Stream Channel/Riverbank Maintenance ■ Litter and Trash Removal ■ Pest Management ■ Vegetation Management including Weeds and Invasive Plants ■ Waterfowl and Hunting Regulation ■ Monitor Dumping and Filling ■ Fire Prevention ■ Patrol and Security Services ■ User Feedback and Follow-up * The Razorback Greenway Trail corridor includes open land immediately next to, or integral with, the trail corridor. For planning purposes this is considered to be a swath up to M-wide. This open space may include stream corridors or other open landscapes. Resource conservation areas include wetlands, riparian areas, woodlots and other open spaces that have been set aside along the trail system. Trail Related Park and Feature Areas ■ Inspection ■ Mowing/Vegetation Management ■ Fixture and Furnishings Maintenance • User Feedback and Follow-up Other Management Functions ■ Programming and Events ■ Oversight and Coordination Razorback Greenway: Fayetteville 8 DRAFT - Operations and Management Plan Operations and Maintenance Tasks Parks Transportation Volunteers Mowing X Trail Lighting X Sweeping X Tunnel / Underpass Cleaning X Pest & Herbicide Management X Storm Debris Removal X Snow Removal X Pavement Rehabilitation X Center Line and Bollard Striping X Trail Crossing Signal Lights X Tree & Shrub Trimming X Graffiti Removal X Trash Pickup X X Sign Maintenance X Trail Head Maintenance X • Public Art • Bollards • Benches • Trash Cans • Way Side Maps • Water Fountains • Do i Pots X Railroad Underpass Covered Walkway Painting X Fence Repair/Replacement X Trail Programs/Promotion X X Adjacent Stream Bank Restoration X X Adopt -a -trail - Trail trekkers X X Razorback Greenway: Fayetteville 9 DRAFT - Operations and Management Plan 3. Razorback Greenway Access and Use 3.1 Public Access and Use Residents and visitors shall have access to and use of the Razorback Greenway during normal hours of operation as defined herein. All access and use is governed by City of Fayetteville Ordinance. The use of the trail system is limited to non - gas motorized users, including hiking, bicycling, in -line skating, running, jogging, and wheelchair use. No horses are allowed on the Razorback Regional Greenway. The City of Fayetteville authorized motorized vehicles used for maintenance, safety and emergency purposes are permitted to use the pathway. The City of Fayetteville's Ordinance, Article XI, chapter 71 "Operation of Vehicles and Use of City Trails" defines the restrictions and regulations of the Fayetteville Trail system. 3.2 Hours of Operation The Razorback Greenway will be operated as a non -lighted (except where the City has installed'and maintains trail lighting) linear park and recreation facility, and shall be open for public use at all times, 365 days a year, except as specifically designated by the City of Fayetteville. 3.3 Care and Management of the Trails The City of Fayetteville shall be responsible for the care and upkeep of the trails and all lands, drainage features, signage, fences, bridges, trail heads, landscape plantings and trail amenities. This manual will govern management and operation roles and responsibilities. It is recommended for this Manual to be periodically reviewed and updated by all parties. 3.4 Fencing and Vegetative Screening Policy The City of Fayetteville will work with adjacent landowners on an individual basis to determine fencing and vegetative screening requirements of the Razorback Greenway. The care of fences and screening outside of the trail right-of-way or not on publicly owned lands is the responsibility of the adjacent landowner. 3.5 Drainage Management Policy The City of Fayetteville shall, within its rights -of -way and easement corridors, maintain all drainage channels, ditches and streams that bisect or intersect with the Razorback Greenway and shall ensure that all of these drainages are free flowing and unimpeded. Management of drainage channels and structures shall include the removal of vegetation, trash and debris that would serve to block the flow of surface waters. 4. Trail Lands and Facility Management Policy The Razorback Greenway should be classified under this agreement as a multi -use trail and will be maintained in a manner that is consistent with best maintenance practices of all trails within the City of Fayetteville. Razorback Greenway: Fayetteville 10 DRAFT - Operations and Management Plan Greenway maintenance shall include the removal of all debris, trash, litter, obnoxious and unsafe human -made structures, vegetation and other foreign matter. Trail heads, points of public access, rest areas, and other activity areas shall be maintained in a clean and usable condition. The primary concern for trail maintenance shall always be public safety. All trail facilities shall be maintained in a safe and usable manner during hours of operation. Rough edges, severe bumps or depressions, cracked or uneven pavement, gullies, rills and washed out tread surface shall be repaired as soon as possible. Volunteer vegetation occurring in the trail tread should be removed in such a manner so that the trail surface is maintained as a continuous, even and clean surface. S. Land Management Parkland that is owned by the City of Fayetteville and used for Razorback Greenway, shall be governed by park and recreation management and operations policies, procedures and programs. Other public rights -of -way and private property that is accessed and used for the Greenway as part of a greenway easement shall be maintained in a condition that promotes safety and security for users and adjacent property owners. Vegetation within the trail corridor should be managed to promote safety, serve as habitat for wildlife, buffer public use from private property, enhance water quality and preserve the unique aesthetic values of the natural landscape. Removal of native vegetation should be done with clear purpose and discretion. The objective in controlling growth of vegetation shall be to maintain clear and open lines of sight along the trail at all times, at intersections with roadways and driveways, and along roadways. Vegetation removal within the trail development zone should be accomplished to eliminate potential hazards that could occur from natural growth. To promote safe use of the trail, all vegetation should be clear-cut to a minimum distance of 3 feet from the edge of the trail tread. Selective clearing of vegetation should be conducted, in cooperation with appropriate management agents, within a zone that is defined as being between three to ten feet from the edge of the pathway. At any point along the trail, a user should have an unobstructed view, along the centerline of the pathway, 250 feet ahead and behind his/her position, except where the terrain, existing structures, large trees or trail curvature is a limiting factor. Removal or installation of vegetation within the trail right-of-way by an individual or agency other than the City of Fayetteville or its designee, is deemed unlawful and subject to fines and/or prosecution. 5.1 Accurate and Organized Record Keeping Good record -keeping techniques are essential to a comprehensive operations and maintenance program, particularly when multiple jurisdictions are involved. This information can be used to eliminate overlap or gaps in maintenance services provided, identify levels of use, and prioritize management needs. Handheld digital devices and Razorback Greenway: Fayetteville 11 DRAFT - Operations and Management Plan applications with GPS capability carried by field inspectors and maintenance personal may help expedite and facilitate a more effective record keeping system where data is fed into a central source —accessible on the Web not only locally but by the other jurisdictions along the entire length of the Razorback Greenway. The record keeping template could include: o Schedule of routine (and remedial) maintenance tasks o Inspection reports o List of daily activities o Observed routine and remedial maintenance items and issues o Hazards, incidents, safety issues observed and action taken o Prioritization of remedial maintenance projects o User and adjacent properties input (complaints, comments, suggestions, etc.) and follow- up o Annual maintenance budgets and costs o Projected costs for subsequent years (short term, medium term, and long-term) o Internal working database for existing, planned, or proposed projects for each system— greenway, off-street, on -street, bicycle, and pedestrian 6. Safety and Security 6.1 Security and Public Safety, Risk Management and Liability Considerations Promoting safety and security of trail users and the security of adjacent properties should be the foremost objective of this operations and management plan. The City of Fayetteville should work in cooperation with other local government agencies to develop and implement a safety and security program for the Razorback Greenway. This program should consist of well-defined safety and security policies; the identification of trail management, law enforcement, emergency and fire protection policies; and a system that offers timely response to the residents and visitors for issues or problems related to safety and security. Important components of the safety and security program may include: 1) Establishment of a safety committee and/or coordinator, 2) Preparation of a pathway safety manual, 3) Establishment of user rules and regulations, 4) Development of trail emergency procedures, 5) Preparation of a safety checklist for the pathway, 6) Preparation of a pathway -user response form, Razorback Greenway: Fayetteville 12 DRAFT - Operations and Management Plan 7) A system for trail related incident reporting and analysis, 8) Regular maintenance and inspection programs, 9) Site and facility development and review, 10) Public information programs, 11) Employee training programs for safety and emergency response, and 12) Ongoing research and evaluation of program objectives. Key considerations in promoting public safety and security may include: ■ Have good, current, data —Implement a data base management system, a crime tracking system, with police for tracking the specific locations and circumstances of all incidents, such as accidents, crime and vandalism, and create a follow-up plan to address any major, re -occurring problems that develop. ■ Monitor the condition of facilities —Schedule and document frequent inspections to determine the amount of use, location, age, type of construction, and condition of railings, bridges, trail surfaces, signage, etc. Evaluate and remove all obstacles or objects that could impede facility usage such as debris, rumble strips, etc. and provide solutions such as alternative routing, removal of obstacle, etc. Follow-up with the appropriate corrective measures in a timely manner. ■ Preventative maintenance —Identify potential safety problems such as a missing curve or stop sign, a damaged trail surface, a missing railing, leaf litter, snow and ice build-ups (especially hidden ice and snow), flash flood issue, storm water drainage and/or erosion issues. Important to check for these after events like storms or construction along the trail corridor. • Safety and security features though planning and design —This includes adhering to state -of -the -standards such as the ASSHTO Guide to the Development of Bicycle Facilities, The Manual of Uniform Traffic Control Devises, ADA, OSHA, etc. It also includes incorporating good lines of sight, trimming vegetation and other measures to avoid hiding places and other defense -through -design techniques to help reduce crime and accidents. • Multi -disciplinary plan review —All proposed plans and construction drawings should be circulated amongst the various engaged departments and staff including engineering, transportation, parks and recreation, and police and fire/rescue, including key field staff. ■ User courtesy and conflict reduction —Posting signs, equipping patrol persons, using brochures and Website to.educated public on trail etiquette including bicycle yield, equestrian courtesies, dog on leash and safe practices (See "conflict reduction" below). ■ Wayfinding and location identification —This should include, street signs at cross streets readily visible from the trail and "mile markers" located at least every 1/4 mile giving the location based on a north to south or west to east numbering staring at a single "point zero' such as a major cross street and running the entire length of the trail across jurisdictional line. ■ Patrol and enforcement —This might be a multi jurisdictional patrol with wireless communication capability and first aid training. ■ Protecting adjacent properties —Working with adjacent land owners, tenants, and businesses to assure the trail is a good neighbor. This may include (where appropriate), security barriers, do not trespass signage, and communication with impacted neighbors. Razorback Greenway: Fayetteville 13 DRAFT - Operations and Management Plan Medical emergencies and rescue, response and access —Working with police and fire/rescue for optimal emergency response including design for rescue and vehicle (to accommodate up to 6.5 tons) access, incident reporting by location, and location identification. Address system —Have in place and "address system" such as mile markers to identify locations for all off -road grecnway facilities. On -road facilities should make use of the existing street names and adjacent property addresses. Each local emergency response office/unit should have an up-to-date map of all City greenway, bicycle, and pedestrian facilities. Surveillance Technologies—Webcams and similar video technology may be advantageous to position solar powered wireless "webcams" that transmit visual images of the trail to a publicly accessible Website increasing the number of "eyes" on the trail. The City of Fayetteville will work towards the implementation of these goals and guidelines as future budget opportunities become available. 6.2 Conflict Reduction User conflicts are bound to occur along the trail especially as the trail system becomes increasingly popular and more crowded. Planning, designing and managing ahead of the curve can help reduce conflicts and promote a safer, more enjoyable trail experience. Steps to promote conflict reduction include: ■ Anticipate issues ---Including reckless and unsafe behavior; incompatible uses; trespassing; disturbances and adverse environmental impacts. Respond to illegal or disturbing activity quickly. ■ Consider diverse user goals —Recognize the different goals of different users, such as walkers and bicyclists, and separate where feasible. ■ Educate —Provide user education through signage, patrol, volunteers, brochures, and media. Promote trail etiquette and techniques such as educating bicyclists and hikers. ■ Enforce —Post user courtesy signs and speed limits for bicyclists. Cite (where allowed by law) and if necessary ticket reckless behavior including excessive bicycle speeds, dogs on leash, etc. ■ Anticipate the need for adequate capacity —Provide adequate trail mileage and bicycle, pedestrian, and greenway acreage to accommodate user populations. ■ Solicit input from user groups —Provide contact information to report problems and respond promptly and effectively to complaints, concerns, or suggestions. ■ Monitor problems —Track, document, and log problem areas and address problems through design and management. 6.3 Shared -Use Trail User Rules and Regulations (Trail Ordinance) The City of Fayetteville's Ordinance, Article Xl, chapter 71 "Operation of Vehicles and Use of City Trails" defines the restrictions and regulations of the Fayetteville Trail system. The following rules and regulations further define the use on the Razorback Regional Greenway. These following rules should be displayed in brochures and on information signs throughout the pathway. Razorback Greenway: Fayetteville 14 DRAFT - Operations and Management Plan 1) Be Courteous: All trail users, including bicyclists, joggers, and walkers should be respectful of other users regardless of their mode of travel, speed or level of skill. Respect the privacy of adjacent landowners. 2) Keep Right: Always stay to the right as you use the path. The exception to this rule occurs when you need to pass another user and should occur only when the centerline is dashed. 3) Pass on the Left: Pass others going in your direction on their left and give an audible warning. Look ahead and behind to make sure that your lane is clear before you pull out and around the other user. Pass with ample separation. Do not move back to the right until you have safely gained distance and speed on the other user. 4) Give Audible Signal When Passing: All users should give a clear warning signal before passing. This signal may be produced by voice, bell or soft horn. Voice signals might include "Passing on the Left!" or "Cyclist on the left!" Always be courteous when providing the audible signal -- profanity is unwarranted and unappreciated. 5) Be Predictable: Travel in a consistent and predictable manner. Always look behind before changing position on the trail regardless of your mode of travel. 6) Control Your Bicycle: Inattention, even for a second, can cause disaster —always stay alert! Maintain a safe and legal speed at all times. 7) Don't Block the Trail: When in a group, including your pets, use no more than half the pathway so as not to block the flow of other users. If users approach your group from both directions, form a single line or stop and move to the far right edge of the path to allow safe passage by these users. 8) Yield When Entering or Crossing Trails: When entering or crossing a path at uncontrolled intersections, yield to traffic already using the other path. 9) The Use of Lights: When using the trail during periods of low visibility each cyclist should be equipped with proper lights. Cyclists should have a white light that is visible from 500 feet to the front, and a red or amber light that is visible from 500 feet to the rear. Other path users should use white lights (bright flashlights) visible 250 feet to the front, and wear light or reflective clothing. 10) Don't Use this Path Under the Influence of Alcohol or Drugs: It is illegal to use this path if you have consumed alcohol in excess of the statutory limits, or if you have consumed illegal drugs. Persons who use a prescribed medication should check with their doctor or pharmacist to ensure that it will not impair their ability to safely operate a bicycle. Razorback Greenway: Fayetteville 15 DRAFT - Operations and Management Plan 11) Clean Up Your Litter: Leave no Trace! Please keep this path clean and neat for other users to enjoy. Do not leave glass, paper, cans or other debris on or near the path. Please clean up after your pets. Pack out what you bring in —and remember always to recycle your trash. 12) Keep Pets on Leashes: All pets must be kept on a secure and tethered leash no longer than 3 feet in length. Pet owners are responsible for removing pet waste promptly. 13) Use the Buddy System: Always use the path system with a friend! 14) Vegetation Removal: It is illegal to remove vegetation of any type, size, or species from the pathway. Please contact the City of Fayetteville should you have concerns about noxious weeds, poisonous vegetation, dying or dead vegetation or other concerns about vegetation growth in the pathway. 15) Share the Path! Always exercise due care and caution when using the pathway! 6.5 Police Patrol and Emergency Response System In order to provide effective patrol and emergency response to the needs of trail users and adjacent property owners, the Communities of Northwest Arkansas should develop a specific patrol and emergency response plan for the Razorback Greenway. This plan should define a cooperative law enforcement strategy for the trail based on the capabilities of different agencies and services typically required for the facility. The trail will go through numerous phases of development before completion. All phases should illustrate: points of access to the pathway; approved design details for making these access points safe, secure, and accessible to law enforcement officials. 6.6 Emergency Response Plan The City of Fayetteville should define an emergency response plan in conjunction with appropriate local police, fire and paramedical units in order to define which agencies should respond to 911 calls, and provides easy -to -understand routing plans and access points for emergency vehicles. Local hospitals should be notified of these routes so that they may also be familiar with the size and scope of the project. The entire pathway system should be designed and developed to support a minimum gross vehicle weight of 6 tons to allow emergency vehicle access. 7. Risk Management and Liability The design, development, management and operation of the Razorback Greenway must be carefully and accurately executed in order to provide a resource that protects the health, welfare, and safety of the public. The City of Fayetteville has adopted the Fayetteville Alternative Transportation and Trail Master Plan that includes the following: Razorback Greenway: Fayetteville 16 DRAFT - Operations and Management Plan 1) A complete maintenance program that provides the appropriate duty or level of care to greenway users, 2) A risk management plan that appropriately covers all aspects of the trail, and 3) A comprehensive working knowledge of public use laws. Public use of the Razorback Greenway should be covered under existing City of Fayetteville policies for the use of park and public spaces. City of Fayetteville is charged with the care of the Razorback Greenway and should exercise reasonable care in the managing all Greenway facilities to reduce hazardous, public nuisance and life threatening situations. 8. Anticipated Needs Administrative Considerations and Costs 8.1 Coordinating a Level of Excellence Existing functions, capacities, trail maintenance experience and structure differ from jurisdiction to jurisdiction just as priorities and emphasis on existing streets, parks and drainage maintenance departments differ. To assure the Razorback Greenway sustains a level of excellence over the long term, it is important to have an agreed -upon, effective multi -jurisdictional structure. To that end, we are assuming that, while the City of Fayetteville is directly responsible for maintaining its respective greenway segments —to overall standards —there is specific method for cooperative oversight and resource sharing that transcends jurisdictional and local agency boundaries. This could include having: o A Trail Ranger Patrol —(Trail Trekker) This consists of a bicycle -mounted volunteer that routinely rides the Razorback Greenway providing regular inspection and reporting, minor clean-up and repairs, assisting trail users directions, fixing flats, etc. and serving as ambassadors of the program. It would be ideal to select or provide rangers with first aid and CPR training. Rangers would hold no official capacity for enforcement unless also employed as local law enforcement agents. Departmental Liaisons —The City of Fayetteville will designate the Trails Coordinator to coordinate construction standards such as assuring that the Razorback Greenway is built, to the standards defined in this O&M Plan. o Shared Equipment —City of Fayetteville maintenance staff should have access to a work vehicle such as a pick-up truck to haul materials, visit work sites, etc. In certain circumstances, Trail Trekkers may also have access to wireless communication devices (i.e. handheld radios or cell phones), bicycles and bike trailers. Razorback Greenway: Fayetteville 17 DRAFT - Operations and Management Plan 8.3 Operations and Maintenance in Each Municipality Ultimately, both routine and remedial maintenance is the responsibility of the City of Fayetteville for the segments of the Razorback Greenway located within Fayetteville. The City of Fayetteville has a Trails Coordinator who is authorized to work with the key operational staffs of the planning, transportation, parks and recreation and other departments to assure a coordinated effort and meeting standards of quality the Razorback Regional Greenway. Coordination among and commitment of departments in Fayetteville responsible for trail, bicycle, and pedestrian facilities is crucial to carry out maintenance tasks. In addition, department managers, planners, designers and engineers, police and fire/rescue and field maintenance personnel should be consulted both in the design review process and on a regular basis to assure standards continue to be met. The Fayetteville Trails Coordinator as well as the Active Transportation Advisory Committee that is appointed by the City Council may help facilitate this. 9. Labor and Equipment Needs With phased development of the Razorback Greenway, new personnel and equipment will be needed to undertake the day-to-day management of the trail. The City of Fayetteville currently has an expanding trail system that has a crew devoted through the Parks and Recreations Trails and Urban Forestery. 9.1 Trail Manager A trail manager (currently employed by the City of Fayetteville within the parks and recreation department as a Forestry and Trails Crewleader) should oversee, coordinate and direct the day-to-day land and facility management operations associated with the Razorback Greenway in Fayetteville. A dedicated Trail Manager staff member will likely need to be included in future budges as the network of trails in Fayetteville continues to expand. The trail manager will be responsible for managing a trail crew, and ensuring that a daily work program is carried out to properly steward the Greenway, other city trails, trailheads, signage systems, facility amenities, landscape and vegetation, and other trail facilities. The trail manager is expected to assist in preparing an annual budget and to implement this budget on a monthly basis. The trail manager could be required to prepare and file an annual report that describes the activities associated with stewarding Razorback Greenway lands and facilities. Monthly progress and resource management reports may also need to be filed with the appropriate department head that contain important information about management, operations, cooperation and coordination activities. 9.2. Trail Crew Razorback Greenway: Fayetteville 18 DRAFT - Operations and Management Plan The City of Fayetteville may need to add additional employees to the existing trail crew. It is recommended that a three -person trail crew be employed by the City of Fayetteville to carry out daily maintenance, management and stewardship of the trail development zone, trailhead facilities, signage systems, landscape and vegetation, and other elements of the Razorback Greenway. The trail crew will report directly to the Trail Manager (or department designee), who will establish daily work schedules and priorities. Trail crew will be furnished with equipment, supplies, tools, machinery and other operations needs to carry out their responsibilities. 9.3. Trail Management Equipment The City of Fayetteville may also need to supplement its existing equipment to support the work of the trail manager and trail crew. The following is a list of recommended equipment: 1 Ford F-350 with extended crew cab for 3-person trail crew 1 Hustler Super Z 60" with Trailer 2 Gasoline powered trimmers 2 Gasoline powered blowers 1 Debris and Leaf Vacuum Hand shovels, pick axe, rakes, pruning shears 9.4 Annual Maintenance Costs In addition to labor and equipment, an annual budget is needed for fuel, materials, repair to equipment, and other miscellaneous charges and costs for completing the maintenance and management of the trail development zone along the entire length of the Razorback Greenway corridor as well as other city trails. Currently, these funds come out of the existing Park and Recreation Department's Maintenance budget. As the overall trail system in Fayetteville expands, as well as the development of the Razorback Greenway, additional permanent funding will be required. 9.5 Use of Volunteers Trail managers often use volunteers for routine trail maintenance and special trail projects and events. The Federal Volunteer Protection Act of 1997 protects the volunteer workers. This act protects volunteers of nonprofit organizations or governmental entities. The Act states that such volunteers are not liable for harm caused by their acts of commission or omission provided the acts are in good faith. 9.6 Adopt -A -Trail Program The City of Fayetteville's Adopt -A -Trail Program is an excellent way for the City to engage local citizens in the care and maintenance of the Razorback Greenway. The Adopt -a -Trail Program is operated by the City of Fayetteville Department of Parks with the goal of maintaining the environmental and aesthetic quality of the Razorback Greenway by generating a strong sense of ownership among the citizens of the City. Through the Adopt - a -Trail program residents, businesses, greenway users, and various community groups can Razorback Greenway: Fayetteville 19 DRAFT - Operations and Management Plan have an active role in maintaining the lands and facilities of the Razorback Greenway. Volunteers will work with Parks and Recreation Department staff to participate in various projects, which may include: o Litter Pickup o Removal of exotic invasive plants o Planting flowers o Reporting of safety hazards, illegal dumping, injured or dead animals, storm damage, and other issues Sample forms are included below. 9.7 Trail Watch Program A Trail Watch (Trail Trekker) program has been established for the Fayetteville sections of the Razorback Greenway will help to promote safety and appropriate trail use by providing information and assistance to all trail users. The Trail Trekker has a training program that is required to review the duties and to learn safety and first aid techniques. A volunteer wavier form is required if the volunteers assist with a project that requires the usage of a chainsaw or other types of equipment as deemed necessary. These forms are reviewed annually and updated on the City of Fayetteville website. Trail Trekker Volunteers and Trail -Trekkers observe and document safety issues requiring attention, serve as a positive presence on the trail and would assist the City of Fayetteville Parks and Police departments to keep the Razorback Greenway trail safe and well maintained. Razorback Greenway: Fayetteville 20 DRAFT - Operations and Management Plan NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE AGREEMENT AN AGREEMENT FOR JOINT, COOPERATIVE UNDERTAKINGS ASSOCIATED WITH THE OPERATIONS AND MANAGEMENT OF THE NORTHWEST ARKANSAS RAZORBACK GREENWAY, between the Cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. ARTICLE I — AUTHORIZATION Under provisions of the Interlocal Cooperation Act, as amended, codified as A.C.A. 25- 20-101, et seq., the cities listed above, herein called the parties to this agreement, agree to join cooperatively to insure and facilitate uniformity and consistency in the standards, operations, and management of the Northwest Arkansas Razorback Greenway (the "Greenway") consistent with the respective "Northwest Arkansas Razorback Greenway Operations and Management Plan" previously adopted by each City; and in furtherance of such joint cooperation, herewith form the Northwest Arkansas Razorback Greenway Alliance (the "Alliance"). ARTICLE II —DURATION The Alliance shall have a perpetual existence. ARTICLE III - PURPOSE The Northwest Arkansas Razorback Greenway was conceived, designed, and constructed as a world -class facility and an amenity of regional significance. During the planning phase, it was acknowledged by each city, that while each had its own operations and maintenance departments, a key to a sustainable quality Greenway over the length of the corridor would be a consistency of standards, cooperation and coordination and the building of enduring partnerships. Because of its unique regional characteristics, stewardship of the Greenway requires a non-traditional and uniquely cooperative approach to management and operations. Accordingly, each city adopted the "Northwest Arkansas Razorback Greenway Operations and Management Plan," hereafter referred to as the "Plan," which established uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements. Also included in the Plan was a commitment from each city to participate through membership in a regional committee as is established by this agreement, with the purpose of jointly and cooperatively facilitating the policies, goals, objectives, and recommendations outlined in the adopted Plan. ARTICLE IV — FINANCING Any contribution, bequest, gift or grant of funds to the work of the Alliance for Greenway associated purposes may be received and disbursed, pursuant to the budgeting direction of the Alliance, through the Northwest Arkansas Regional Planning Commission (NWARPC), of which all signatories hereto are members. In no event shall any Alliance member be financially obligated without the consent of its governing body. ARTICLE V - TERMINATION This agreement shall continue in full force subsequent to its adoption by all signatory parties. Whenever one (1) member jurisdiction shall by resolution withdraw from the Alliance, this agreement shall cease to be in effect, and the Alliance considered dissolved. Any assets or funds set aside for the Alliance shall subsequently be disbursed to each of the seven (7) members in equal shares. ARTICLE VI — MEMBERSHIP A. CONSTITUTION. The Alliance shall be governed by a seven (7) member Joint Board consisting of a representative of each city through which the Greenway traverses. The Board shall include the Mayor, or a representative designated by the Mayor of each city that is a member of the Alliance. The designated representative shall be responsible to the Mayor or to an agency of the City. All affirmative decisions of the Board shall require unanimous approval of the entire Board. B. TERMS. A Board member who is a Mayor may serve on the Board during his or her term of office as a member of the Alliance. A Board member who is the designated representative of a Mayor serves at the pleasure of the Mayor of the city. The term of such a member shall not extend beyond the term of the appointing public official. A new Mayor may designate the same person who served as the designated representative of a previous Mayor, as their designated representative to serve as a member. C. PAY AND EXPENSES. The members of the Board of the Alliance shall receive no salary or per diem. ARTICLE VII — POWERS AND DUTIES It shall be the duty of the Joint Board to cooperatively work to achieve the Purposes as set out in Article III hereof. ARTICLE VIII — OFFICERS, MEETINGS, AND RULES A. OFFICERS. At its organizational meeting and at the first regular meeting of each fiscal year, the Board shall elect one of its members as Chairman, and one as Vice -Chairman. B. MEETINGS. The Board shall meet not less than quarterly at dates, times, and places to be established by the Board. All meetings shall be open to the public as provided by Arkansas law, and shall be conducted pursuant to procedures established by the Board. A meeting may be called at the direction of the Chairman, or upon the direction of a majority of the members of the Board. C. RULES. Four (4) members of the Board shall constitute a quorum; however, decisions affecting the Greenway shall, in order to be affirmative, require unanimous approval of all Board members. The Board shall adopt rules for the transaction of business, and shall keep a complete record of its activities and business, which shall be a public record. The Board may avail itself of NWARPC services to convene meetings, provide accommodations, give appropriate public notice, keep records, and to provide needed financial services. ARTICLE IX - AMENDMENT This Agreement may be modified or amended in the same manner as this Agreement was adopted. ARTICLE X - ENTIRE AGREEMENT This writing constitutes the entire agreement between the parties. In WITNESS WHEREOF the parties hereto have caused in their respective behalves on the signature dates set f� 1. CITY OF FAYETTEVILLE, ARKANSAS, 2. CITY OF JOHNSON, ARKANSAS, BY: 3. CITY OF SPRINGDALE, ARKANSAS, BY: 4. CITY OF LOWELL, ARKANSAS, BY: 5. CITY OF ROGERS, ARKANSAS, BY: to be executed DATE: i DA" U U v DATE: S DATE: b 11(e � D-0 DATE: ' - P - 20O 6. CITY OF BENTONVILLE, ARKANSAS, BY: Ji, I k.'l, Q-mw DATE• 7. CITY OF BELLA VISTA, ARKANSAS, BY: DATE: 6Aa��o xo CD/2� j boo RESOLUTION NO. R2020-32 CITY OF BELLA VISTA, ARKANSAS AUTHORIZING THE CITY OF BELLA VISTA TO ENTER INTO THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE AGREEMENT, AN INTERLOCAL COOPERATIVE AGREEMENT PURSUANT TO ARK. CODE ANN. § 25-20-101, ET SEQ. WHEREAS, it is proposed that the City of Bella Vista enter into an agreement for joint, cooperative undertakings associated with the operations and management of the Northwest Arkansas Razorback Greenway with the Cities of Fayetteville, Johnson, Springdale, Lowell, Rogers, and Bentonville; and WHEREAS, the Arkansas Attorney General has reviewed and approved the proposed agreement pursuant to the Interloca) Cooperation Act, Ark. Code Ann. § 25-20-101, e1 seq.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLA VISTA, ARKANSAS: SECTION 1: The City Council of the City of Bella Vista hereby authorizes the City of Bella Vista to enter into the Northwest Arkansas Razorback Greenway Alliance Agreement. Motion to approve by Wozniak, second by Wilms, Voting aye: Wozniak, Flynn, Wilms, Lloyd and Fowler. Voting nay: Bourke ADOPTED THIS 22ND DAY OF JUNE, 2020. APPROVED: Mayor Peter Christie Attest: City Clerld Wayr* Jertson Requested by Mayor Christie Prepared by Jason Kelley, Staff Attorney RESOLUTION 5 - 16 - 10 H A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended (A.C.A. 25-20-101 et seq.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BENTONVILLE, ARKANSAS: SECTION 1. That the Mayor be, and is hereby authorized to execute the "Northwest Arkansas Razorback Greenway Alliance Agreement," which is herewith approved and attached hereto. SECTION 2. That said Agreement sliall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista). PASSED AND APPROVED THIS Wit'^ DAY OF , 2020. :,E j• f' . . n, Cify,Clerk k 113 West Mountain Street Fayetteville. AR 72701 (479)575-8323 Resolution: 148-20 File Number: 2020-0177 NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE: A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics. stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, unifonn and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended (A.C.A. 25-20-101 et seq.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance; and WHEREAS, on May 8, 2020, the Arkansas Attorney General issued Opinion No. 2020-018 approving this proposed interlocal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 618120 Resolution: 148-20 File Number. 2020-0177 FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby approves the Northwest Arkansas Razorback Greenway Alliance Agreement and authorizes Mayor Jordan to sign the agreement attached to this Resolution. Section 2: That the City Council of the City of Fayetteville. Arkansas hereby acknowledges that the Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville. Johnson, Springdale. Lowell. Rogers. Bentonville, and Bella Vista). PASSED and APPROVED on 6/4/2020 ����nrr►r Attest: ���� f T ►�,,� .`� G 1 Y OF • G �'� FAYETTEVILLE Kara Paxton, City Clerk Treasurei�.,�' 9'. ,9�KA�Pg • dill TO #116N0%� Page 2 Printed on 618120 �UtJ RESOLUTION 2020-06 CITY OF JOHNSON, WASHINGTON COUNTY, ARKANSAS A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE. WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through the Interlocal Cooperation Act, codified at A.C.A. 25-20-101 et seq., through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance. NOW, THE, BE IT RESOLVED by the City Council of the City of Johnson as fellows: Section 1. That the Mayor be and is hereby authorized to execute the "Northwest Arkansas Razorback Greenway Alliance Agreement," which is herewith approved and attached hereto. Section 2. That said Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista), and upon approval by the Arkansas Attorney General's Office. PASSED AND APPROVED this day , 2020. APPROVED: CHRIS EENEY, ayor ATTEST: AL/LLcN. Ck6rk Treasurer RESOLUTION NO. 20-09 A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through the Interlocal Cooperation Act, codified at A.C.A. 25-20-101 et seq., through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOWELL, ARKANSAS: SECTION 1. That the Mayor be, and is hereby authorized to execute the "Northwest Arkansas Razorback Greenway Alliance Agreement," which is herewith approved and attached hereto. SECTION 2. That said Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista), and upon approval by the Arkansas Attorney General's Office. PASSED AND APPROVED THIS 16TH DAY OF JUNE, 2020. .N+ryCC1 .''HIHA Vryry r Mayor ATTEST: � SEAL, City Clerk I -1 RESOLUTION NO. R20-_a A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE, NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE; AND FOR OTHER PURPOSES. WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan" hereafter referred to as "Plan'; WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended (Ark. Code Ann. § 25-20-101, el seq.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS: Section 1: That the Mayor is hereby authorized to execute the "Northwest Arkansas Razorback Greenway Alliance Agreement," which is hereby approved; Section 2: That said Agreement shall only become operative and considered in effect upon approval of all cities involved, Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista, and upon submission and approval by the Arkansas Attorney General, as stated in Ark. Code Ann. § 25-20-104(0(1)-(3); Section 3: Severability Provision: If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed; and Section 4: Repeal of Conflicting Resolutions: All Resolutions or orders of the City Council, or parts of Resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict. RESOLVED this 2-4 day off 020. To EST:. J S ICA RUSH, City Clerk OF Rod, SEA., Requested by: Jim White, Parks & Recreation Director Prepared by: Bonnie Bridges, Staff Attorney RESOLUTION NO.28-20 A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE. WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the "Northwest Arkansas Razorback Greenway Operations and Management Plan;" and WHEREAS, the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through the Interlocal Cooperation Act, codified at Ark. Code Ann. §25-20-101 et seq., through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, ARKANSAS: SECTION 1. That the Mayor be, and is hereby authorized to execute the "Northwest Arkansas Razorback Greenway Alliance Agreement," which is herewith approved and attached hereto. SECTION 2. That said Agreement shall only become operative and in effect upon approval of all cities involved (Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista), and upon approval by the Arkansas Attorney General's Office. PASSED AND APPROVED this 10'' day of March, 2020. 7 Jeff , PAi ent Pro Tempore ATTEST: LIAIA-L ill" Denise Pearce, City Clerk APPROVED AS TO FORM: Emest B. Cate, City Attorney Enxsc✓7020nw&aEs08m-ww.y 7/17/2023 Submitted Date Yes 89,507.14$  13,750.00$  V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 89,507.14$  ‐$  Yes No ‐$  75,757.14$  02016.1301 Project Number Budget Impact: Trail Maintenance Fund Trail Improvements4470.800.8830 Account Number Project Title City of Fayetteville Staff Review Form 2023‐0790 Item ID N/A City Council Meeting Date ‐ Agenda Item Only Staff requests Mayor’s approval of an annual fee starting in 2024 to the Razorback Greenway Alliance in the  amount of $13,750 to provide services to the Razorback Greenway in accordance with the Northwest Arkansas  Razorback Greenway Alliance interlocal agreement established by Resolution 148‐20.   N/A for Non‐Agenda Item  Action Recommendation: Submitted By Matt Mihalevich ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #148‐20 Approval Date: Original Contract Number: 07/18/2023 TO: Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Active Transportation Manager DATE: July 17th, 2023 SUBJECT: 2023-0790 Razorback Greenway Alliance Annual Fee RECOMMENDATION: Staff requests Mayor’s approval of an annual fee starting in 2024 to the Razorback Greenway Alliance in the amount of $13,750 to provide services to the Razorback Greenway in accordance with the Northwest Arkansas Razorback Greenway Alliance interlocal agreement established by Resolution 148-20. BACKGROUND: The Razorback Greenway Alliance was created in May of 2020 through an interlocal agreement and designates one staff member from each of the 7 cities that the Greenway traverses. The purpose of the Razorback Greenway Alliance is to provide uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the “Northwest Arkansas Razorback Greenway Operations and Management Plan. DISCUSSION: In the three years of establishment, The Razorback Greenway Alliance has been responsible for updating the Razorback Greenway Operations and Management plan, creating a Razorback Greenway website with new brand identity and is nearly complete with the Razorback Greenway signage update. These accomplishments have been funded through a grant from the Walton Family Foundation that will come to an end. Going forward the Razorback Greenway Alliance will work to raise funds through merchandise sales but needs an annual contribution from each city to continue the successful efforts to enhance the Razorback Greenway and maintain one full time staff member. BUDGET/STAFF IMPACT: The annual fee for the Razorback Greenway Alliance is $50,000 and established by the number Greenway miles each city has. Fayetteville has the largest number of miles and largest contribution of $13,750. Funding has been budgeted through the trails CIP for the Razorback Greenway Alliance annual fee. Attachments: Res. 148-50 – Razorback Greenway Alliance Established, Annual Due Policy, Invoice 0006 F FAYElT 0 , f , µ /. gpK4N5 113 West Mountain Street Fayetteville,AR 72701 479) 575-8323 Resolution: 148-20 File Number: 2020-0177 NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE: A RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE NORTHWEST ARKANSAS RAZORBACK GREEN WAY ALLIANCE WHEREAS, during the planning phase of the Northwest Arkansas Razorback Greenway, it was acknowledged that because of its unique regional characteristics, stewardship of the facility would require a non-traditional and uniquely cooperative approach to management and operations with integral involvement of all cities through which the Greenway traversed; and WHEREAS, uniform and consistent guiding principles of quality for maintenance, operational standards, management, signage, public information, promotion, and future improvements were outlined in the `Northwest Arkansas Razorback Greenway Operations and Management Plan;"and WHEREAS,the Plan, which was adopted by all cities in the corridor, included a commitment from each city to participate through membership in a regional committee with the purpose of jointly and cooperatively facilitating uniformity and consistency in the standards, operations, and management of the Greenway; and WHEREAS, such joint cooperation is best achieved through provisions of the Interlocal Cooperation Act, as amended(A.C.A. 25-20-101 et seq.), through an agreement to create and participate in the Northwest Arkansas Razorback Greenway Alliance; and WHEREAS, on May 8, 2020,the Arkansas Attorney General issued Opinion No. 2020-018 approving this proposed interlocal agreement. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 6/8/20 Resolution: 148-20 File Number 2020-0177 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby approves the Northwest Arkansas Razorback Greenway Alliance Agreement and authorizes Mayor Jordan to sign the agreement attached to this Resolution. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that the Agreement shall only become operative and in effect upon approval of all cities involved(Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista). PASSED and APPROVED on 6/4/2020 Approve Attest:RK' TRF N 77 FAYETTEVILLE 173 Lioneld .rdan ayor Kara Paxton, City Clerk Treasures: 5 .• Page 2 Printed on 6/8/20 Northwest Arkansas Razorback Greenway Alliance Member City Yearly Dues Policy *DRAFT* 1. Purpose - In order to maintain stable, consistent funding for the Razorback Greenway Alliance and encourage engagement among member cities, Northwest Arkansas Razorback Greenway Alliance (NWARGA) representatives have agreed to enact a requirement for yearly membership dues from each city - the workings of which shall be outlined in this policy. 2. Funding Distribution - Each city’s yearly dues shall be proportional to the percentage of Greenway mileage contained within that city in order to ensure equitable contribution from each member, regardless of size, population or budget restrictions. Dollar amounts shall be based on the trail mileage percentage chart outlined below. This distribution may be reworked or reevaluated on an as-needed basis. City Miles Percentage Fayetteville 11 27.50% Johnson 2 5.00% Springdale 8 20.00% Lowell 2 5.00% Rogers 8 20.00% Bentonville 8 20.00% Bella Vista 1 2.50% 3. Amounts and Payments - Payments shall be made to the Razorback Greenway Alliance at the beginning of each city’s budget year. The cumulative dollar amount as well as individual city contributions shall be determined by the NWARGA Budget Committee and proposed to the Board of Directors each July in advance of the upcoming budget year in order to give the Board ample opportunity to discuss and vote on the proposal ahead of time for the upcoming year’s city budgets. All board members must vote unanimously in favor of the year’s membership budget proposal, per the requirements in the NWARGA bylaws. 1 Northwest Arkansas Razorback Greenway Alliance Member City Yearly Dues Policy 4. Records and Documentation - The Razorback Greenway Manager shall be responsible for keeping and maintaining all necessary records and documentation relating to the Member City Yearly Dues Policy as well as making those records accessible to representatives and stakeholders when applicable. Yearly Budget Committee proposals must be documented and presented to the board of directors by the Razorback Greenway Manager at each year’s July NWARGA meeting. 5. Modifications - Any changes to this policy must adhere to the requirements outlined in the NWARGA bylaws, be approved by the NWARGA Board of Directors and be updated by the Razorback Greenway Manager. The contents of this policy have been agreed upon and passed by the Northwest Arkansas Razorback Greenway Alliance Board of Directors. _________________________________ Patsy Christie, Chair 2 2024 Membership Dues Proposal Cumulative Membership Budget: $50,0000 City Percentage Dollar Amount Fayetteville 27.50% $13,750 Johnson 5.00% $2,500 Springdale 20.00% $10,000 Lowell 5.00% $2,500 Rogers 20.00% $10,000 Bentonville 20.00% $10,000 Bella Vista 2.50% $1,250 $50,000 Northwest Arkansas Razorback Greenway Alliance 1113 Clayton St. Springdale, AR 72762 (479) 957-2159 Invoice Submitted on 07/17/2023 Invoice for Matt Mihalevich Project Invoice # Public Works Department 2024 Yearly Membership 0006 125 W. Mountain St. Fayetteville, AR 72701 Description Qty Unit price Total price Fayetteville 2024 Membership Dues - 27.50% of total Greenway mileage 1 $13,750.00 $13,750.00 $0.00 $0.00 $0.00 Notes:Subtotal $13,750.00 Adjustments N/A $13,750.00