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HomeMy WebLinkAboutOrdinance 6393OF FAY ETTF.
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4RKANS PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6393
File Number: 2020-0414
ARKANSAS AND MISSOURI RAILROAD FUTRALL DRIVE AND GREGG AVENUE -
2019 TRANSPORTATION BOND PROJECT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT
AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW
RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $30,820.86, AND TO APPROVE A
BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $550,000.00
WHEREAS, the extension of Futrall Drive has long be a part of the Master Street Plan to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad tracks, east
of Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one
for the construction and maintenance of a new railroad crossing and the second an easement
agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement,
the City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing
signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be
$519,179.14; the City agrees to close the existing unimproved crossing at Jocelyn Lane and Gregg
Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2.5% per annum or by
the yearly increase in the Consumer Price Index (whichever is greater), for basic maintenance and
wear and tear; and the City and AMRR agree to equally share the cost of repairs or major
maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR
Page 1 Printed on 12117120
Ordinance. 6393
File Number: 2020-0414
property for the crossing inCluding a requirement that the City maintain an insurance policy in the
amount of $15 million; and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land over
which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which
has the sole power to authorize and construct new crossings; and
WHEREAS, AMRR has requested an amendment to the Railroad Crossing Cost and Maintenance
Agreement for the new crossing at Shiloh Drive and Gregg Avenue, which was authorized by
Ordinance 6348 on August 18, 2020, to change the maintenance fee adjustment from 2% per year to
2.5% per year or the annual increase in the Consumer Price Index, whichever is greater.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives
the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad
Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri
Railroad for a new railroad crossing, and further approves a project contingency in the amount of
$30,820.86 for a total estimated project cost of $550,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a
preliminary plan or large scale development for the first phase of development with a minimum of
100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an amendment to the Railroad Crossing Cost and Maintenance Agreement for the new crossing
at Shiloh Drive and Gregg Avenue, which was authorized by Ordinance 6348 on August 18, 2020, to
change the maintenance fee adjustment from 2% per year to 2.5% per year or the annual increase in
the Consumer Price Index, whichever is greater.
PASSED and APPROVED on 12/15/2020
Page 2 Printed on 12117120
Ordinance: 6393
File Number.' 2020-0414
Page 3
Attest:
rrrrrrrrr�
ERK /
cJY
Kara Paxton, City Clerk Treasu►-rr ; FAYE7?EV��LE;
•9
9sy •. ;INSPs •' •-
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Printed on 12117120
CityClerk
From: Brown, Chris
Sent: Wednesday, February 23, 2022 12:59 PM
To: CityClerk
Cc: Mulford, Patti
Subject: Railroad Agreements to go with Ord 6534
Attachments: Futrall Drive - Easement Agreement.pdf; Futrall Drive - Maintenance Agreement.pdf
Categories: Follow Up
Hi all,
Ordinance 6534 modified Ordinance 6393, and allows the Mayor to sign the attached agreements. Can you please get
the Mayors signature on these and send me a copy? I think 6393 may be in the holding file waiting on the Mayor's
signature...
Thanks,
Chris
Chris Brown, P.E.
Public Works Director/City Engineer
Public Works Department
City of Fayetteville, Arkansas
(479) 575-8207
Website I Facebook I Twitter I Instagram I YouTube I Linkedln
CITY OF
WiS FAYETTEVILLE
ARKANSAS
1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
—��A% (479) 575-8323
Text File
File Number: 2020-0414
Agenda Date: 12/15/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B.1
ARKANSAS AND MISSOURI RAILROAD FUTRALL DRIVE AND GREGG AVENUE - 2019
TRANSPORTATION BOND PROJECT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW RAILROAD
CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT
WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT
FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $30,820.86, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED
TOTAL PROJECT COST OF $550,000.00
WHEREAS, the extension of Futrall Drive has long be a part of the Master Street Plan to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad tracks, east of
Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the
construction and maintenance of a new railroad crossing and the second an easement agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement, the City
will reimburse the AMRR for the full cost of labor and materials for installation of the crossing signal, panels,
and appurtenances necessary for a fully operational crossing, which is estimated to be $519,179.14; the City
agrees to close the existing unimproved crossing at Jocelyn Lane and Gregg Avenue; the City will pay a yearly
maintenance fee of $7,500.00, increasing by 2.5% per annum or by the yearly increase in the Consumer Price
Index (whichever is greater), for basic maintenance and wear and tear; and the City and AMRR agree to
equally share the cost of repairs or major maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR property
for the crossing including a requirement that the City maintain an insurance policy in the amount of $15 million;
and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the
crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole
power -to authorize and construct new crossings; and
WHEREAS, AMRR has requested an amendment to the Railroad Crossing Cost and Maintenance
Agreement for the new crossing at Shiloh Drive and Gregg Avenue, which was authorized by Ordinance 6348
City of Fayetteville, Arkansas Page 1 Printed on 1211612020
File Number: 2020-0414
on August 18, 2020, to change the maintenance fee adjustment from 2% per year to 2.5% per year or the
annual increase in the Consumer Price Index, whichever is greater.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists
in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal
competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance
Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and
further approves a project contingency in the amount of $30,820.86 for a total estimated project cost of
$550,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a preliminary plan
or large scale development for the first phase of development with a minimum of 100,000 square feet of
commercial employment space, with posting of a bond to secure the construction of a connecting roadway to
railroad crossing.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
an amendment to the Railroad Crossing Cost and Maintenance Agreement for the new crossing at Shiloh Drive
and Gregg Avenue, which was authorized by Ordinance 6348 on August 18, 2020, to change the maintenance
fee adjustment from 2% per year to 2.5% per year or the annual increase in the Consumer Price Index,
whichever is greater.
City of Fayetteville, Arkansas Page 2 Printed on 1211612020
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF DECEMBER 15, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Chris Brown, City Engineer
DATE: December 3, 2020
CITY COUNCIL MEMO
SUBJECT: Update of Item 2020-0414 Approval of a Railroad Crossing and Maintenance
Agreement and an Easement Agreement with the Arkansas and Missouri
Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue,
Approval of a Budget Adjustment for Costs Related to the New Crossing,
Approval of a Project Contingency of $ 30,820.86, for a Total Budget of
$550,000, and Approval of an amendment to the agreement with AMRR for
the New Crossing at Shiloh Drive
RECOMMENDATION:
Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and
an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad
crossing near Futrall Drive and Gregg Avenue, with a construction cost of 519,179.14, and
approval of the budget adjustment to fund the cost of the railroad crossing agreement including a
contingency of $30,820.86. Total project cost including contingency is $550,000.
Staff also recommends approval of an amendment to the agreement with AMRR for the crossing
at Shiloh Drive, to change the yearly increase in maintenance fees from 2% to 2.5% or in
accordance with the Consumer Price Index increase.
The Transportation Committee reviewed the agreement at the November 24", 2020 meeting. The
Committee recommended approval by a 4-0 vote; the agreement has been slightly modified from
the version the Committee reviewed to reduce the maintenance fee increase from 3% yearly (or
per the Consumer Price Index) to 2.5% yearly or the CPI. (The change to the Shiloh Agreement
noted above is also new).
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. This project was identified as a
priority project in the 2019 bond program, as opportunities to partner with developers of the
property arose. The connection will provide a more direct access from the property to the
Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the
railroad and Gregg Avenue.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
AMRR has presented two agreements to the City. The first, a New Railroad Crossing and
Maintenance Agreement, addresses terms of the construction and maintenance of the crossing.
including:
• The City will reimburse the AMRR for the full cost of labor and materials for installation of
the crossing signal, panels, and appurtenances necessary for a fully operational
crossing. The estimated cost of the crossing installation is $519,179.14.
• The City agrees to close the existing unimproved crossing at Jocelyn Lane (This is a
change from the previous agreement that included a closing of the crossing at
Garrett Drive)
• Additional stipulations around safety improvements to other crossings in the City,
and commitments to partner with AMRR, including:
c The City agrees to, in concert with AMRR, make good faith efforts to secure City
sourced funding (including federal aid or other grant funding) for safety
improvements at Frisco Ave./Douglas St within 5 years of the date of this
contract, unless mutually agreed otherwise, and to construct said improvements
when funding is available.
o The City also agrees, in concert with AMRR, to make good faith efforts in
pursuing other rail infrastructure and safety improvements grants in the greater
Fayetteville area such as a CRISI Grant. The intent would be for the City of
Fayetteville to sponsor and work with the AMRR to leverage City sourced funding
for Frisco Ave/Douglas and/or a potential pedestrian underpass at University
Avenue as a match to a larger grant encompassing several other rail
infrastructure projects. The details of the entire scope would need to be
agreeable by both parties and will be determined at a later date.
o Improvements at Garrett Drive will also be considered when additional
development, street connections, or other factors that cause an increase in the
crossing usage such as vehicle, pedestrian or rail traffic frequency; however,
improvements at this crossing are not required prior to completion of the Futrall
Crossing.
• The City will pay a yearly maintenance fee of $7,500, increasing by 2.5% per annum, or
by the yearly increase in the Consumer Price Index (whichever is greater), for basic
maintenance and wear and tear.
• The City and the AMRR agree to equally share the cost of repairs or major maintenance.
The second, an Easement Agreement, establishes the terms of the City's perpetual use of the
AMRR property for the crossing. The most significant item in this contract is a requirement to
maintain insurance in the amount of $15 million.
Finally, the agreement for the new crossing at Shiloh Drive, which was approved by the City
Council on August 18'h, included increases in yearly maintenance fees of 2% per year. AMRR
has requested that this agreement match the proposed Futrall agreement; therefore, approval of
an amendment to that agreement from 2% per year to 2.5% per year or per the Consumer Price
Index is part of this proposal.
The property developer has provided conceptual plans totaling over $150 Million in construction
for phase 1 of their development, including a mixture of residential, restaurant/retail, and
anchored by Washington Regional Medical Center who would employ almost 1,000 employees.
If these plans are developed to completion as proposed, the cost of the railroad crossing would
be recovered by tax receipts from the construction alone, resulting in net profit to the City's tax
base beginning in the first year post construction.
BUDGET/STAFF IMPACT:
As noted above, the total project estimate is:
Agreement with AMRR: $519,179.14
Contingency: $30,820.86
Total: $550,000
Funding for this work will come from the 2019 Transportation Bond Program.
There will be additional costs to construct a new access to the property at 2633 Gregg Avenue
(as shown in the attached drawing) to mitigate the loss of access across the railroad, along with
additional costs for safety improvements at the Frisco crossing and for partnering with AMRR on
other safety improvements. Funding sources for these items have not been identified, but may
include bond, CIP, and grant funding. Additional City Council approval will be sought for these
projects as costs are developed and funding sources identified.
Attachments:
New Railroad Crossing Cost and Maintenance Agreement-Futrall Drive
Easement Agreement-Futrall Drive
Shiloh Drive Crossing Contract Amendment
Project Vicinity Map
Concept Drawing for Jocelyn Ln Access
FUTIOLL DR. CROSSING AGR&MENT
NEW RAILROAD CROSSING COST
AND MAINTENANCE AGREEMENT
This Agreement, made and entered into this ! day of , 2020, by and between the City of
Fayetteville, Arkansas (hereinafter "City") and The Arkansas & Missouri Railroad Company,(hereinafter
"AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning a new crossing at Futrall Drive within the City limits at
railroad milepost 349.45. The City proposes, for the benefit of the public, to add this crossing, pursuant to the
Site Layout attached as Exhibit 1, and remove in its entirety, existing crossing at Jocelyn Lane; and
WHEREAS, it is understood that the contemplated crossing will be financed solely from funds
appropriated by City and expended under its regulations.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this agreement,
subject to the provisions of the recitals above, it is agreed by and between the parties hereto as follows:
1. AMRR has provided an estimate for the cost of the crossing upgrade which is attached as
Exhibit 2. This estimate does not include any track or railroad work required during utility installation- which
is not subject to estimation at this time. The parties understand that the estimate is $519,179.14 and the parties
acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both parties further
acknowledge that any materials or crossing equipment supplied by the City shall be considered a part of the
consideration of this agreement. Upon final completion of the project, all said materials and crossing equipment
shall become the property of AMRR.
2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for
installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered
by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging Services
Agreement for railroad track protection, including, but not limited to, railroad flagging. A Flagging Services
Agreement will be executed simultaneously with the execution of this Agreement.
3. Insurance. During upgrade construction, City shall ensure that any contractors they employ
to perform work on the project in question will maintain a general liability insurance policy, the limits of
which will be not less than Three Million Dollars ($3,000,000) per person, Five Million Dollars ($5,000,000)
per accident and Three Million Dollars ($3,000,000) for property damage. The policy shall name AMRR,
its successor or assigns and City as insureds. Such policy shall contain a clause that the insurer will not
cancel or change the insurance without giving AMRR, City, or their successors or assigns ten (10) days prior
written notice, and a certificate of such insurance shall be delivered to AMRR prior to the inception of the
construction of the crossing.
4. Maintenance and Repairs. The parties acknowledge that the crossing and equipment will
require maintenance and repairs due to normal wear and tear and possibly damage from accidents, negligence
or acts of nature. The City will not be liable for any damages caused solely by the negligence of AMRR. If
damages are caused to the crossing and/or equipment by the acts of 3`d parties, AMRR and the City will
coordinate to pursue any cause of action against said 3`d parties to recover the costs of repairs and any amount
recovered will be applied accordingly. City will pay an annual crossing maintenance fee of $7,500 effective
upon execution of this Agreement and on each anniversary date thereafter for so long as the crossing remains
open. On each anniversary date, the annual maintenance fee will increase by 2.5 % or the CPI, whichever is
greater. The annual maintenance fee will cover regulatory testing, basic maintenance and general wear and
tear. Otherwise, City and AMRR will each be responsible for 50% of any capital expenditures for the
equipment and the crossing surface. Except for emergency repairs, AMRR will give the City one hundred
eighty (180) day written notice of any needed repairs or maintenance and the amount thereof. The crossing
shall be maintained as specified above until such time as the parties mutually agree otherwise or upon a date
certain that the crossing should be closed.
The City agrees to, in concert with AMRR, make good faith efforts to secure City sourced
funding (including federal aid or other grant funding) for safety improvements at Frisco Ave./Douglas St
within 5 years of the date of this contract, unless mutually agreed otherwise, and to construct said
improvements when funding is available.
6. The City also agrees, in concert with AMRR to make good faith efforts in pursuing other rail
infrastructure and safety improvements grants in the greater Fayetteville area such as a CRISI Grant. The
intent would be for the City of Fayetteville to sponsor and work with the AMRR to leverage City sourced
funding for Frisco Ave/Douglas and/or a potential pedestrian underpass at University Avenue as a match to
a larger grant encompassing several other rail infrastructure projects. The details of the entire scope would
need to be agreeable by both parties and will be determined at a later date.
7. Improvements at Garrett Drive will also be considered when additional development, street
connections, or other factors that cause an increase in the crossing usage such as vehicle, pedestrian or rail
traffic frequency; however, improvements at this crossing are not required prior to completion of the Futrall
Crossing.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to its subject matter and may not be modified or amended orally.
9. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Arkansas.
10. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective heirs, successors and assigns.
11. Both parties acknowledge that the signatories below have the appropriate authority to sign
on behalf of the party they represent.
2020.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this k� day of 10&er4ber,
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
01111111f fell
`%.�A, jTy ;`q�':A I F FA T L , ARKANSAS
q4'
Signature —VILL '_�ignatur
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Print Name ��N�����Print Name
C;�
Title Title
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OFO
On this day of , 2020, before me, the undersigned, a Notary Public,
duly commissioned, qualified, and acting, within and for said County and State, appeared in person,
_Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are the Mayor and
City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly
authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of the
City of Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed, and
delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
My Commission Expires:
vo Notary Public
ARKANSAS & MISSOURI RAILROAD COMPANY
Approved by:
Signature
CAREN L. KRASKA
Print Name
prPcident
Title
4
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF )
On this day of , 2020, before me, the undersigned, a Notary Public,
duly commissioned, qualified, and acting, within and for said County and State, appeared in person,
CAREN L. KRASKA, to me personally well-known who stated that she is the President of ARKANSAS
& MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to execute the foregoing
instrument and for and in the name and behalf of Arkansas & Missouri Railroad Company, and further
stated and acknowledged that she had so signed, executed, and delivered said foregoing instrument for the
consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
Commission Expires:
Notary Public My
5
DISTANCE FROM SHUNT TO F
UIJIANCt tKUM �IHUNI IU tUINALL IKALA WIKL
ti 1100'
.120' MIN -
MIN.
50' MIN.
FUTRALL DRIVE
F"I
T
tl
a' .
_(_
GAT ssmmtE G h
2'-3-
TE
GFAR�
12w:c—r-12 - -
T2
r1
FSS-1E FSS-2C I
430 HZ 630 HZ `--`---T--- ----+1-7- - - - - - ---
12'
tY-8• i�'(.w:C(2)T iG�l
zr GATE di_A
I NEAR
ATE 2'-1
SHIIOH ORNE
600AM.
AC POWER Off
�•-
�6X6 r
BUNGALOW
APPROACH AND WARNING XP4 TRACK 1
TIME CALCULATION
MINIMUM TIME
20 SEC
PLUS CLEARANCE TIME
0 SEC
MINIMUM WARNING TIME (MW7)
20 SEC
PLUS BUFFER TIME
5 SEC
TOTAL WARNING TIME (TWT)
25 SEC
PLUS EOLKPMENT RESPONSE TIME
5 SEC
'PLUS ADVANCE PRE-EMPTION TIME
APPROACH TIME (TAT)
N3ASECCTOTAL
MAXIMUM TRAIN SPEED 25 MPH
TIMES RATIO OF FT/SEC TO MPH t.4667
TOTAL (MINIMUM) APPROACH DISTANCE 1,100 FT
XP4
R2
430 HZ/4.0 KHZ Rt gg
- cf L----------------- i 285 HZ
15'
1 2J'
.•-3• GATE �2 �VAN ASCHE
FAR SI E 191 40" APPR
vow— vow— vow— vxr— row— aow— aaw vow— var— vow—
SIGNALS:
ALL LIGHTS BE I.E.D.
���jjuj�TjRTTT
EXHIBIT I
GATE �1 = 26'
2
CABLE RUNS:
GATE #2 = 18'
G = 7C#'6/7C#14 U.G.
PED GATE #1A = 12'
= 5C#6 U.G
PED GATE j2A = 12'"
CANTILEVER #1 = 21•
P = 3C#6 U.G
T = 2C#6 TWISTED PAIR U.G.
GREGG STREET
s'CTa
1601 CAMP BOWIE W BLV
FORT WORTH, TX 76116
(817) 886-8210
WWW.CTCINC.COM
\rkansaas & Missouri Railroad Date: September 18, 2019
;06 E. Emma Ave
pringdale, AR 72764
o: City of Fayetteville
Atnn: Chris Brown
Job: Futrall Dr Fayetteville AR.
Item # Qty Description Unit Unit Price Line Total
Material
1
50
1 151b Concrete Panel Material
Ft
$200.81
$10,040.50
2
40
10' Crosstie
Each
$90.50
$3,620.00
3
160
115# Relay Rail
Linear Foot
$1,100.00
$176,000.00
4
80
5.5" Base Pandrol Tie Plate
Each
$24.00
$1,920.00
5
160
Pandrol Clips
Each
$2.95
$472.00
6
3
Railroad Spikes
Keg
$75.00
$225.00
7
160
5.5" Anchors
Each
$2.95
$472.00
8
4
115 New / 1 /4 worn Trans Rails
Each
$970.00
$3,880.00
9
8
115# Thermite Welds
Each
$198.10
$1,584.80
10
100
Ballast Truck Load
Truckload
$17.00
$1,700.00
$199,914.30
_.__.
Freight
$1,250.00
10% O/H
$19,991.43
Tax @ 9.75%
$19,491.64
Labor
Subtotal (material)
$240,647.37
1
1
CWS - CTC Quote (Material. & Labor)
Lump Sum
$239,731.77
$239,731.77
2
1
Contractor Labor (Track Contractor)
Lump Sum
$15,500.00
$15,500.00
3
1
Project Management/Admistrative
Lump Sum
$5,000.00
$5,000.00
4
100
MOW EIC of Track Protection
Hour
$95.00
$9,500.00
5
20
Surfacing Crew
Hour
$200.00
$4,000.00
6
16
1-10-Ton Truck
Hour
$150.00
$2,400.00
7
16
1- Dump Truck w/Driver
Hour
$150.00
$2,400.00
'repared by:
Jeromy Houchin
Subtotal (labor)
$278,531.77
EXHIBIT 2
Total
$519,179.14
UTRALL DR. RAII AD CROSSING EASEMENT AC EMENT
=SMT AGREEMENT
This Agreement, made and entered into this L_ day of YZ , 2020,
by and between the City of Fayetteville, Arkansas (hereinafter "City") and
The Arkansas and Missouri Railroad Company, (hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning the construction of an extension of
Futrall Drive within the City limits that would cross AMRR's tracks. The City proposes, for
the benefit of the public, to install a new crossing at said location, pursuant to particular
plans and specifications to be agreed upon by the parties; and
WHEREAS, the Easement is defined on Exhibit 1 and incorporated herein by
reference; and
WHEREAS, it is understood that the contemplated crossing will be financed from
funds appropriated by City and expended under its regulations as established under the
terms of a Crossing Agreement executed separately by the parties.
NOW, THEREFORE, in consideration of the covenants and agreements contained
and subject to the provisions of the recitals above, it is agreed by and between the parties
hereto as follows:
1. The City and AMRR have caused to be prepared plans and specifications for
the project. Attached as Exhibit 1 is the proposed plan. The parties acknowledge that
this schematic drawing contains certain requirements and restrictions with regard to the
construction in, near and around the Railroad and the City agrees to be bound by all of
these requirements and restrictions contained in the plans, specifications, coordination
notes and the separate Crossing Cost Agreement.
2. AMRR has provided an estimate for the cost of the crossing. The parties
understand that the estimate is $519,179.14 and the parties acknowledge that the
ultimate cost of the crossing could be under or over this estimate.
3. The cost (labor and material) for installing the new crossing will be born by the
City pursuant to the Crossing Cost Agreement.
4. The City is responsible for constructing street connections to the railroad
crossing panels, either by City forces, or through a contract with a third party. The City
agrees to provide construction plans for these connections within AMRR right of way to
AMRR for review, and to construct said improvements in accordance with AMRR,
Arkansas Dept. of Transportation, or other local, state, or federal requirements. This
includes drainage improvements as necessary within the easement area.
Page 1 of 5
5. After completion of the project, the Parties shall bear the expense of the
maintenance, inspection, capital costs and operation of the crossing per the terms of the
separate Crossing Agreement or any amendment thereto, so long as it is to be
maintained as a crossing over the railroad or until it is mutually agreed between the
parties that the project is no longer needed at the crossing or until the crossing is
abandoned by AMRR or City, or other legal requirements making it necessary to cease
operations and maintenance of the project. At that time, materials purchased and
installed for the project may be moved to other locations on AMRR's lines within the
States of Arkansas or Missouri or otherwise disposed of or sold by AMRR.
6. Limitation on Grant. This Easement does not grant to City the subsurface of
any easement area, all such rights and privileges being reserved to AMRR.
7. Indemnification. The CITY OF FAYETTEVILLE shall cause any contractor
employed by it or engaged by it to construct the improvements contemplated by this
agreement to assume any and all liability for injury to or death of persons, all loss or
damage to property, in any manner arising from or during the construction of the
improvements contemplated by this agreement, however, such injury, death, loss,
damage or destruction as aforesaid may occur or be caused. The CITY OF
FAYETTEVILLE shall further cause any contractor engaged by it to construct the
improvements contemplated by this agreement to indemnify and save and hold harmless
the ARKANSAS & MISSOUR RAILROAD COMPANY from any and all claims, demands,
suits, actions, damages, recoveries, judgments, costs and expenses arising or growing
out of or in connection with such injury, death, loss, damage or destruction as aforesaid,
which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY
incurs defending itself, including attorney fees and expenses.
8. Insurance. In further consideration for the grant of this Easement, City shall
acquire a policy of liability insurance which shall insure AMRR in the amount of fifteen
million dollars ($15,000,000) from liability for injury or death to persons or damage to
property arising from any persons using the crossing described on Exhibit 1, whether
injuries are caused by the operation of the trains by AMRR or otherwise. At the option of
AMRR such policy shall either name AMRR as a named insured or an additional insured
of such policy. Said policy will be kept in full force and effect during the existence of this
Easement and shall continue to insure AMRR for incidents arising during the existence of
this Easement and until the crossing is terminated or abandoned per the terms of
paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to
approval of AMRR and shall provide for notice to AMRR not less than 30 days of
cancellation of such policy.
9. If any portion of this Easement or any provision in this Easement shall be found
to be invalid or unenforceable, the remaining provisions shall continue to be fully effective
and enforceable, and h parties consent to the modificatic )f this Easement in any
manner as a court may aeem necessary to preserve the grant of easement contained
herein.
Page 2 of 5
10. Entire Agre ement. This Agreement constitutes the entire agreement between
the parties w ith respect to its subject matter and may not be modified or amended orally.
11. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Arkansas.
12. Binding Effect. The provisions of this Agreement shall be binding upon and
inure to the benefit of each of the parties and their respective heirs, successors and
assigns.
13. Both parties acknowledge that the signatories below have the appropriate
authority to sign on behalf of the party they represent.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this/15-
day of 1 -P L, 2020.
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Title
STATE OF ARKANSAS )
Page of 5
CITY,F F ETT vi
)ignature
Print Name
ACKNOWLEDGMENT
Yle
ARKANSAS
COUNTY OF WASHINGTON
On this day of ba Qy, 2020, before me, the undersigned, a Notary Public,
duly commissioned, qualified, and acting, within and for said County and State, appeared in person,
Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are the Mayor
and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly authorized in their
capacity to execute the foregoing instrument and for and in the name and behalf of the City of
Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed, and
delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and
set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
Notary Public
My Commission Expires:Lp
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Wiz: •��
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Page 4 of 5
ARKANSAS & MISSOURI RAILROAD
Approved by:
Signature
Caren L. Kraska Print
Name
Presi Pnt
Title
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF )
On this day of , 2020, before me, the undersigned, a Notary
Public, duly commissioned, qualified, and acting, within and for said County and State, appeared
in person, CAREN L. KRASKA, to me personally well-known who stated that she is the President
of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to
execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri
Railroad Company, and further stated and acknowledged that she had so signed, executed, and
delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated
above.
Commission Expires:
Notary Public My
Page 5 of 5
DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE
—,"v1100,
50' MIN.
,,,--- Row---- =uw _ �Ow ROW— ROW— ROW— ROW—r— ROW— ROW— ROw ROW— ROW— R1,
47' CANT #1 4'-:3"
NEAR SIDE
GATE # 1 c 4 ' E
NEAR SIDE
2 3GATE
FAR SIDE 4-1
1 s' c c F- G
(2)c;c-F 12
T2
® T1 i 430
FSS-1E FSS-2C
430 HZ 630 HZ L—?_—_ i ___(4)G;C;T 12 I _
c:r
17'-8' :--(4)c;C;(2)r c--I
27' i GATE 11 A
NEAR IDE 2'-3"
SHILOH DRIVE
600' APPR.
AC POWER 40'
.. �5w--- ROW— Row— ROW PSV� — w— w Row -- -
6X6
BUNGALOW
APPROACH AND WARNING XP4
TIME CALCULATION
TRACK 1
MINIMUM TIME
20 SEC
PLUS CLEARANCE TIME
0 SEC
MINIMUM WARNING TIME (MWT)
20 SEC
PLUS BUFFER TIME
5 SEC
TOTAL WARNING TIME (TWT)
25 SEC
PLUS EQUIPMENT RESPONSE TIME
5 SEC
PLUS ADVANCE PRE-EMPTION TIME
N/A SEC
TOTAL APPROACH TIME (TAT)
30 SEC
MAXIMUM TRAIN SPEED 25 MPH
TIMES RATIO OF FT/SEC TO MPH 1.4667
TOTAL (MINIMUM) APPROACH DISTANCE 1,100 FT
SIGNALS:
ALL LIGHTS TO BE
L.E.D.
GATE # 1 = 26'
GATE #2 = 18'
PED GATE #1A =
12'
PED GATE #2A =
12'
CANTILEVER #1 =
21'
CABLE RUNS:
G = 7C#6/7C#14 U.G.
C = 5C#6 U.G
P = 3C#6 U.G
T = 2C#6 TWISTED PAIR U.G.
REVISION
BLOCK
SHILOH DRIVE AMENDED LANGUAGE
NEW RAILROAD CROSSING COST
AND MAINTENANCE AGREEMENT
This Agreement, made and entered into this L5_ day of , 2020, by and between the City
of Fayetteville, Arkansas (hereinafter "City") and The Arkansas & Missouri Railroad Company,
(hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning a new crossing at Shiloh Drive within the City
limits at railroad milepost 349.30. The City proposes, for the benefit of the public, to add this
crossing, pursuant to the Site Layout attached as Exhibit 1, and remove in its entirety, existing
crossing at University Avenue; and
WHEREAS, it is understood that the contemplated crossing will be financed solely from funds
appropriated by City and expended under its regulations.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
agreement, subject to the provisions of the recitals above, it is agreed by and between the parties hereto as
follows:
1. AMRR has provided an estimate for the cost of the crossing upgrade which is attached as Exhibit
2. This estimate does not include any track or railroad work required during utility installation -
which is not subject to estimation at this time. The parties understand that the estimate is $558,082.57 and
the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both
parties further acknowledge that any materials or crossing equipment supplied by the City shall be
considered a part of the consideration of this agreement. Upon final completion of the project, all said
materials and crossing equipment shall become the property of AMRR.
2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for
installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered
by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging
Services Agreement for railroad track protection, including, but not limited to, railroad flagging which is
charged at the rate of $95 per hour. A Flagging Services Agreement will be executed
simultaneously with the execution of this Agreement.
3. Insurance. During upgrade construction, City shall ensure that any contractors they
employ to perform work on the project in question will maintain a general liability insurance policy, the
limits of which will be not less than Three Million Dollars ($3,000,000) per person, Five Million
Dollars ($5,000,000) per accident and Three Million Dollars ($3,000,000) for property damage. The
policy shall name AMRR, its successor or assigns and City as insureds. Such policy shall contain a
clause that the insurer will not cancel or change the insurance without giving AMRR, City, or their
successors or assigns ten (10) days prior written notice, and a certificate of such insurance shall be
delivered to AMRR prior to the inception of the construction of the crossing.
4. Maintenance and Repairs. The parties acknowledge that the crossing and equipment will
require maintenance and repairs due to normal wear and tear and possibly damage from accidents,
negligence or acts of nature. The City will not be liable for any damages caused solely by the negligence
of AMRR. If damages are caused to the crossing and/or equipment by the acts of 3`d parties, AMRR and
the City will coordinate to pursue any cause of action against said 3`d parties to recover the costs of repairs
and any amount recovered will be applied accordingly. City will pay an annual crossing maintenance fee
of $7,500 effective upon execution of this Agreement and on each anniversary date thereafter for so long as
the crossing remains open. On each anniversary date, the annual maintenance fee will increase by 2.5% or
the Consumer Priced Indexed whichever is greater. The annual maintenance fee will cover regulatory
testing, basic maintenance and general wear and tear. Otherwise, City and AMRR will each be responsible
for 50% of any capital expenditures for the equipment and the crossing surface. Except for emergency
repairs, AMRR will give the City one hundred eighty (180) day written notice of any needed repairs or
maintenance and the amount thereof. The crossing shall be maintained as specified above until such time as
the parties mutually agree otherwise or upon a date certain that the crossing should be closed.
S.Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to its subject matter and may not be modified or amended orally.
6.Governing Law. This Agreement shall be construed in accordance with and governed by the laws
of the State of Arkansas.
7.13inding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit
of each of the parties and their respective heirs, successors and assigns.
8.Both parties acknowledge that the signatories below have the appropriate authority to sign on
behalf of the party they represent.
2020
-tk
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of gri Qr ,
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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VICINITY MAP
CITY OF
.� FAYETTEVILLE
ARKANSAS
www.fayetteville-ar.gov
ENGINEERING DIVISION
PHONE: (479) 575-8206 FAX NO: (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126
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City of Fayetteville, Arkansa! fidget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, approval of a budget adjustment for
costs related to the new crossing, and approval of a project contingency of $30,820.86 for a total budget of $550,000.
COUNCIL DATE:
LEGISTAR FILE ID#:
12/15/2020
2020-0414
xevLwspr
121412020 9:39 AM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
GLDATE:
CHKD/POSTED:
12/15/2020
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20200528
Account Name
4602.860.7220-5809.00
519,180 -
46020
7220 EX
Improvements - Street
4602.860.7220-5911.99
4602.860.7999-5899.00
30,820 -
(550,000) -
46020
46020
7220 EX
7999 EX
Contingency - Capital Project
Unallocated - Budget
H:\Budget Adjustments\2020-Budget\City Council\ 1 2-15-2020\2020-0414 BA Futrall Railroad Crossing.xlsm
CITY OF
W4WFAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 4, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Chris Brown, City Engineer
DATE: July 21, 2020
CITY COUNCIL MEMO
SUBJECT: Item 2020-0414 Approval of a Railroad Crossing and Maintenance
Agreement and an Easement Agreement with the Arkansas and Missouri
Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue,
Approval of a Budget Adjustment for Costs Related to the New Crossing,
and Approval of a Project Contingency of $ 28,344.86, for a Total Budget of
$750,000.
RECOMMENDATION:
This item was tabled indefinitely at the June 41h, 2020 City Council Meeting pending resolution of
questions from the City Council regarding the economic benefit of the proposed crossing These
questions were researched by staff; responses to the questions are detailed in the discussion
section below. Staff recommends placing this item back on the City Council for the August 4,
2020 meeting.
Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and
an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad
crossing near Shiloh Drive and Gregg Avenue. Staff also recommends approval of the budget
adjustment to fund the cost of the railroad crossing agreement and associated costs of roadway
and traffic signal modifications to complete the railroad crossing, including a contingency of
$28,344.86. Total project cost including contingency is $750,000.
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. This project was identified as a
priority project in the 2019 bond program, as opportunities to partner with developers of the
property arose. The connection will provide a more direct access from the property to the
Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the
railroad and Gregg Avenue.
DISCUSSION:
AMRR has presented two agreements to the City. The first, a New Railroad Crossing and
Maintenance Agreement, addresses terms of the construction and maintenance of the crossing,
including:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• The City will reimburse the AMRR for the full cost of labor and materials for installation of
the crossing signal, panels, and appurtenances necessary for a fully operational
crossing. The estimated cost of the crossing installation is $519,179.14.
• The City agrees to close the existing unimproved crossing at Garrett Dr. and Gregg
Avenue.
• The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for
basic maintenance and wear and tear.
• The City and the AMRR agree to equally share the cost of repairs or major maintenance.
The second, an Easement Agreement, establishes the terms of the City's perpetual use of the
AMRR property for the crossing. The most significant item in this contract is a requirement to
maintain insurance in the amount of $15 million.
In addition to these agreements, construction of the roadway connection from the railroad to
Gregg Avenue and modification of the traffic signal to accommodate the 4tn leg of the
intersection and connect to the railroad signal are the responsibility of the City. The estimated
cost of these improvements is $202,476. Finally, a contingency of $28,344.86 is recommended
for unforeseen costs of the railroad crossing and/or the roadway/signal work.
The property developer was not prepared to share details of their development plan when this
item was last presented, but has since provided conceptual plans totaling over $150 Million in
construction for phase 1 of their development, including a mixture of residential,
restaurant/retail, and an anchor employer that would employ almost 1,000 employees. If these
plans are developed to completion as proposed, the cost of the railroad crossing would be
recovered by tax receipts from the construction alone, resulting in net profit to the City's tax
base beginning in the first year post construction.
BUDGET/STAFF IMPACT:
As noted above, the total project estimate is
Agreement with AMRR: $519,179.14
Roadway/signal work: $202,476
Contingency: $28,344.86
Total: $750,000
Funding for this work will come from the 2019 Transportation Bond Program. The original
allocation in Phase 1 was $1 million for two proposed signal crossings; the total for the two is
now estimated at $1.5 million; the additional $1.5 million will come from contingency funds set
aside in Phase 1 of the Bond Program.
Attachments:
New Railroad Crossing Cost and Maintenance Agreement
Easement Agreement
Estimate for Roadway and Signal Improvements
Project Vicinity Map
Vicinity Map of Crossing to be Closed
City of Fayetteville, Arkansas fidget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020 �
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement ' h the Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval f a Budget Adjustment for
Costs Related to the New Crossing, and Approval of a Project Contingency of $ 28,344.8 , for a Total Budget of
$750,000.
RESOLUTION/ORDINANCE
COUNCIL DAT : 6/2/2020
LEGISTAR FILE #: 2020-0414
Mattl,ww Maddo-w
5/14/2020 12:24 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 6/2/2020
CHKD/POSTED: /
TOTAL - _ v.20200324
Increase / (Decr ase) Project.Sub#
Account Number Expense venue Project Sub.Detl AT Account Name
4602.860.7220-5809.00 721,656 - 46020 7220 EX Improvements - Street
4602.860.7220-5911.99
28,344
- 46020
7220
EX
Contingency - Capital Project
4602.860.7999-5899.00
(750,0 )
- 46020
7999
EX
Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\06-02-2020\BA 2020-0414 Futrall Railroad Crossing 1 of 1
CITY OF
FAYETTEVILLE
P4W ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Devin Howland, Director of Economic Vitality
DATE: August 4, 2020
STAFF MEMO
SUBJECT: Estimate for full recapture of the costs of both railroad crossings and
annual costs
DISCUSSION:
Item
Cost
Shiloh Railroad Crossing
$750,000
Futrall Railroad Crossing
$750,000
Annual Cost for both crossings for three years
$61,208
Grade seperated University pedestrian crossing
$500,000
,Total
$2, 061, 208
While the University crossing is attached to the agreement for the railroad crossing at Shiloh,
there is no specific reason for its association other than how the agreements were drafted. As
such, this memo aims to show full recapture of all costs, including the grade separated
pedestrian crossing at University, using sales tax revenue from both projects (Shiloh and
Futrall).
Item
Time Period
Running Balance
Initial Cost two crossings and underpass
Construction Complete
Annual Cost for three years
Three years
S7 "
Revenue from phase 1 construction (both)
Year 1
$ (619,500.00)
Revenue from first year of phase 1 operation (both)
Year 2
$ (605,432.00)
Revenue phase 2 construction (both)
Year 2-3
$ (644, 00G 00)
Revenue from second year of phase Ioperat ion (both)
Year
$ (192,276.00)
Year three net revenue (remaining from year of phase 1) (both)
lYear3-3.5
$ 426,476.32
Estimated tax
revenue
paying back
crossing costs
This exercise continues to show the many ways recapture can be calculated and realized by the
City -and the many moving variables which could influence it. Costs of construction materials,
continued escalation of e-commerce sales, and the addition of additional developments are just
a few examples. The table above outlines one such scenario where the developments could
fully pay for the costs by the end of year 2 of operation of phase. And generate a profit for the
City of $426,476 that same year.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Devin Howland, Director of Economic Vitality
DATE: August 4, 2020
SUBJECT
DISCUSSION:
STAFF MEMO
Revenue Estimations: Washington Regional Expansion and Drake Farms
The Futrall Drive railroad crossing which was identified as a phase one bond project is not being
built as a speculative connection. While the connection is a part of the City's Master Street Plan,
is purpose is the help facilitate a major expansion of one of the City of Fayetteville's anchor
employers, Washington Regional. The connection also plays an integral role in the street
network of Drake Farms, a walkable urban community which will be anchored by Washington
Regional to the north.
The following report aims to provide a conservative view of the direct and indirect sales tax from
the mix of uses developed through two separate phases. The revenue estimations do not
include revenue from building permit fees, impact fees, or other uses likely to be developed as
the property is carefully developed. The report outlines only developments that have been
confirmed by the property owner and Washington Regional.
Base Item
Units
Washington Regional Sq. Ft.
3S0,000.00
Washington Regional Full Time Employees
7S0.00
Other Full Time Jobs on Site
240.00
Living Units/Residents
115/144
Total Investment
$ 151,625,000.00
Restaurant Square Feet
18,000.00
Office Developments
2
Economic Benefits: The project offers significant economic benefits through tax revenue to the
City of Fayetteville. While the revenue estimations below primarily annotate sales tax revenue, it
is important to note the projects boast significant employment opportunities and increased
payroll in one of Fayetteville's targeted industry sectors. While Drake Farms will be built out
carefully over the coming years, the first few phases set the tone for careful and detailed
development on such an important parcel. This report outlines the first two phases of
development on the property and only reviews known projects. Additional developments may be
constructed during the following phases.
Phase One:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Washington Regional: 100,000 square foot building with 150 new full-time employees.
Estimated capital investment of $35,000,000 including fixtures.
• Multi -Family Apartments: 115 apartment units with an estimated 144 residents.
Estimated investment of $20,125,000.
• Two Office Buildings with 240 on -site full-time employees. Estimated Investment of
$17,500,000.
• Multiple Restaurants totaling 18,000 square feet. Sales per foot estimated at $350.
Annual Compounding Sales Tax Collection
PHASE ONE: 100K Sq h Washington Regional with
YEAR 2 of full
150 FTE. 18,000 Sq ft of Restaurant. 115 Apartment
Units at $175K per unit and 144 residents. $17.5M
phase 1 build
YEAR 3
YEAR 4
YEAR 5
Office Development(s) with 240 other onsite FTES.
out
$ 420,372.80
5 429,621.00
$ 439,072.66
$ 448,732.26
$ 459,604.37
2.2% Inflation Annually
S 9,248.20
5 9,451.66
S 9,6S9 60
S 9,872 '_
Soles Tax from Construction phase I: $452,500
Figure 1: Sales tax from construction is not included in the green bar.
Phase Two:
Washington Regional: 250,000 square feet of buildings with at least 600 new full-time
employees. Estimated investment of $85,000,000 including fixtures.
Annual Compounding Sales Tax Collection
PHASE TWO: 3-5 years Additional 250,000
sq. ft Washington Regional, multiple
YEAR 2 of full
buildings plus at least 600 new FTE.
phase 2 build
YEAR 3
YEAR 4
YEAR 5
Additional developments not currently
out
known but will likely take place.
$ 653,453.67
$ 667,829.6S
$ 682,521.90
$ 697,537.38
$ 712,883.21
2.2% Inflation Annually
$ 14,375.98
$ 14,692.25
$ 15,015.48
$ 15,345.82
Sales Tax from Construction phase 2: $476,000
Figure 2: Sales tax from construction is not included in the green bar.
Sales Estimates
Municipal Sales Tax Estimates
Estimated Internet Sales from (Residential)
Estimated Taxes from Internet Sales
432,WD.00
5
- I40.00
Estimated Grocery Sales from (Residential)
Estimated Tax from Grocery Sales
433,440.00
5
8,668.80
Estimated Entertainment Sales from (Residential)
Estimated Taxes from Entertainment Sales
360,000, CC
5
7.200.00
Estimated Eating Out Sales from (Residential)
Estimated Taxes from Eating Out
288,000.00
5
11,s20.00
Estimated Property Taxes to Fayetteville
5
35,000.00
Estimated Retail Sales on site brick and mortar (Site}
Estimated Taxes from Retail Sales (Site)
Estimated Restaurant Sales on site brick and mortar (Site)
Estimates Taxes from Restaurant Sales (Site)
6.3CC G�
5
252,000 00
Estimated Employee Retail Spend
Estimated Taxes from Employee Retail Spend
6,177,600.00
5
123552.00
Estimated Restaurant Sales from (Employee Spend)
Estimates Taxes from Restaurant Sales from (EmployeeSpend)
3,088,SW0 00
1 5
123,552-00
Recapture of the cost for the Futrall railroad crossing:
Item
Time Period
Running Balance
Initial Cost
Construction Complete
$ 750,000.00
Annual Cost for two years
Year 1-2
$ 20,200.00
Phase 1 Construction revenue
Year 1
$ (451,500.00)
Phase 1 Year 1 operation
Year 2
$ (318,700.00)
Year 2 net revenue
Year 2
$ 101,672.00
Estimated tax revenue paying
back crossing
Conservatively, the crossing would likely pay for itself by the first year of operation of phase 1,
estimated to begin in year 2 in the table above. However, it could be paid off sooner depending
on the pace of development and continued escalation in areas such as internet sales tax. As
additional developments are announced and spending patterns shift, staff will continue the
monitor the recapture of the costs to install and operate the crossings.
Methodology and References:
Base Item
Unit
Restaurant Sales per foot
$
350.00
Internet Sales Per Person
$
3,000.00
Grocery Sales per resident
$
3,010.00
Annual Entertainment per resident
$
2,500.00
Eating out per resident
$
2,000.00
Weekly Retail Spend Per Employee
$
120.00
Weekly Restaurant spend per employee
$
60.00
The estimations for sales pe foot, as well as employee spend per week were derived from
reports prepared by Gibbs Planning Group for the project. The estimations for housing units
were derived from reports prepared by Zimmerman/Volk Associates Inc. and the project
developer. Internet sales tax per resident was derived using City of Fayetteville internet sales
tax collection data and is consistent with other estimates shown to the City Council. Residential
grocery, entertainment, and eating out sales per resident were derived from the Bureau of Labor
Statistics data for the Fayetteville MSA.
Final Notes:
The development is consistent with the City's Future Land Use plan designated in City Plan
2040. The project holds many other benefits, such as tree preservation of historic one of a kind
black walnut tree's planted by Noah Drake and serves as a major catalyst for future investment
aligned with the City's growth concept map. Sales tax has also not been estimated for taxable
materials purchased by on site employers or other businesses. Lastly, the economic revenue
estimations do not include payroll, or other induced economic benefits the City and surrounding
area will see in wake of the project(s).
ATTACHMENTS:
• Letter from Larry Shackleford, Chief Executive Officer of Washington Regional Medical
Center
4
July 21, 2020
Dear Mayor Jordan,
In the period before the COVID-19 public health emergency, Washington Regional had
embarked on an ambitious plan to further expand healthcare services to serve the growing
Northwest Arkansas population and attract patients from surrounding areas. Our Board
remains committed to the plan to realize that vision. Our organizational plan is aligned with the
objectives outlined in a recent report commissioned by the Northwest Arkansas Council, which
Is to make our area a regional healthcare destination. We have long been concerned that area
residents travel outside our region to seek specialty services that can and should be offered
locally. According to the report, Northwest Arkansas loses $950 million annually as a result of
residents traveling to providers In other regions. Among other recommendations, the report
calls for the region invest In the expansion of services to keep patients at home and attract new
patients from other areas. The report concludes that such an Investment will result in 6,000
new jobs and add $3.4 billion to the local economy by 2040.
Washington Regional is the region's only locally owned and governed health system. Our board
members live and work In Washington County and we believe our reputation as the region's
leading healthcare provider has been attained as a direct function of our local governance
which, In turn, makes our organization responsive to the needs of our community —not a
corporate office located in another state. Washington Regional currently employs over 3,300
Individuals In our community with an average annual wage in excess of $70,000.
The original North Hills campus of Washington Regional was built In 2002 with a total of
340,641 sq. ft. Over the past decade our campus has experienced significant growth. Today,
our campus consists of 707,731 sq. feet of space with the recent completion of our core
hospital expansion. That growth has enabled us to offer cutting edge services that are on par
with what might be found In much larger cities. For Instance, we operate the region's only
Comprehensive Stroke Program, a comprehensive neuroscience center, and a Level II Trauma
Center, to name but a few. However, Washington Regional has reached the limits of physical
capacity at the current North Hills campus. We must expand our foot print, and Ideally that
expansion would be adjacent to our current campus. We need to Increase the clinical capacity
available at our current campus, and for complex regulatory reasons, our ability to do that will
largely be determined by our ability to secure additional real estate that abuts our current
campus. The preliminary plans I have mentioned all point to that expansion occurring toward
the North and West. The construction of our new business office at Gregg and Drake Streets
demonstrate that commitment. Our significant growth opportunity, however, rests with the
3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 . 479.713.1000 - wregional.com
:"' , ashinigt n Regional
Drake Farms development. There simply is no other land of sufficient size available to
Washington Regional that adjoins our campus.
My point In writing Is to voice the support of Washington Regional and its Board for the Drake
Farms project and the efforts of the City to develop the necessary Infrastructure to bring that
planned development to fruition. We believe Drake Farms will serve Fayetteville well Into the
future, bringing the type of mixed use development that the City favors to our community. This
Is an Important project for Fayetteville, Washington Regional and the Northwest Arkansas
region.
Sincerely,
Greg Lee J. Larry Shackelford
Board Chair Presldent & CEO
3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 • 479.713.1000 • wregional.corn -w& f�}y'10° + r.
ORDINANCE NO.
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT
AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW
RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $28,344.86, AND TO APPROVE A
BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $750,000.00
WHEREAS, the extension of Futrall Drive has long be a part of the Master Street Plan to provide
an additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one
for the construction and maintenance of a new railroad crossing and the second an easement
agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance
Agreement, the City will reimburse the AMRR for the full cost of labor and materials for
installation of the crossing signal, panels, and appurtenances necessary for a fully operational
crossing, which is estimated to be $519,179.14; the City agrees to close the existing unimproved
crossing at Garrett Drive and Gregg Avenue; the City will pay a yearly maintenance fee of
$7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City
and AMRR agree to equally share the cost of repairs or major maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the
AMRR property for the crossing including a requirement that the City maintain an insurance policy
in the amount of $15 million; and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land
over which the crossing is proposed is owned and controlled by the Arkansas and Missouri
Railroad, which has the sole power to authorize and construct new crossings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore
waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the
New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with
Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project
contingency in the amount of $28,344.86 for a total estimated project cost of $750,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a
preliminary plan or large scale development for the first phase of development with a minimum
of 100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
PASSED and APPROVED this 2"d day of June, 2020.
APPROVED:
IN
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk/Treasurer
CityClerk
From:
Sent:
To:
Cc:
Subject:
Attachments:
Categories:
Good morning,
CityClerk
Thursday, August 6, 2020 9:17 AM
Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads, Gail; Roberts,
Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld;
Mathis, Jeana; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh,
Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle
Jerry Hogan
FW: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan
Closing Railroad Crossing on University Avenue to Vehicular Traffic.docx
Forwarded
Please see the attached document from Jerry Hogan.
Thank you,
Xcwal Paxto-vv
City Clerk Treasurer
City of Fayetteville, Arkansas
kapaxton (a.fayetteville-ar. gov
T 479.575.8323
CITY O'
i PAYSTrIVI LL■
RIF ARMANIAS
From: Jerry Hogan <jbhogan22@hotmail.com>
Sent: Thursday, August 6, 2020 8:20 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Fw: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hi, Kara,
I think I originally sent this email to the wrong email address. Sorry.
Jerry
From: Jerry Hogan <ibhogan22@hotmail.com>
Sent: Wednesday, August 5, 2020 8:50 AM
To: kapaxton@fayetteville-ar.gov <kapaxton@fayetteville-ar.gov>
Subject: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan
Good Morning, Kara,
Each time I send one of my "positions" or "objections" to you for the mayor and city council I intend it to be my
last but something always seems to come up.
The attached file is the standard cover letter and a very brief objection to closing off University Avenue at the
railroad crossing to vehicular traffic. Would you please distribute this information to the mayor and city
council?
Thank you,
Jerry Hogan
1984 N. East Oaks Dr. #2
Fayetteville, AR 72703
479-521-5314
ibho ag_n22 a,hotmail.com
For: Mayor Lioneld Jordan and the Fayetteville, AR City Council — Thursday, August 6, 2020
From: Jerry B. Hogan, 1984 N. East Oaks Dr. #2, Fayetteville, AR, 479-521-5314,
jbhogan22@hotmail.com
Topic: Closing of railroad crossing on University Avenue to vehicular traffic
Summary: I oppose closing the railroad crossing to vehicular traffic
Contents: Two points in opposition to the closing of University Avenue — 1 page
Please note: these notes reflect my personal opinion as a citizen of Fayetteville. I do not speak
for anyone else or any organization.
Thank you
Jerry B. Hogan
I oppose closing University Avenue at the train crossing to vehicular traffic for the following
reasons:
1) The people living on University south of Center will be deprived of a convenient and direct
outlet to Prairie Ave and MLK Blvd. This would cut them off from the Neighborhood Market at
MLK and Government Avenue and to the businesses along Prairie as well shutting them off from
a back way to the expanding FPL. Also, I assume some day we will need a light at Govt. and
MLK and this would allow a direct line of traffic from Prairie down Government to the National
Cemetery.
2) From a historical perspective — this sort of jogging road runs from Dickson Street all the way
to 15th Street (given the current difficulty of crossing MLK there at Government) — it connects
our historical Evergreen Cemetery with the National Cemetery and the entire length of the road
from Dickson to the National Cemetery was once known as Cemetery Road.
I would advocate for leaving this crossing open to vehicles so that the potential flow of traffic is
not impeded by making this a dead end.
City of Fayetteville, Arkansa udget Adjustment Form (Legistarl
Budget Year Division Adj tment Number
2020
/Org2 ENGINEERING (621)
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a Railroad Crossing and Maintenance Agreement and an Easement/Agreent with the Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenuel of a Budget Adjustment for
Costs Related to the New Crossing, and Approval of a Project Contingency of $ , for a Total Budget of
$750,000.
RESOLUTION/ORDINANCE
COUNCIL ATE: 6/2/2020
LEGISTAR F E ID#: 2020-0414
M atthe,,w Maddo-
5/14/2020 12:24 PM
/ Budget Director Date
TYPE: D " (City Council)
JOURNAL #:
GLDATE: 6/2/2020
CHKD/POSTED:
TOTAL
- -
v.20200324
Increase / (De ease)
Project.Sub#
Account Number
Expense evenue
Project
Sub.Detl
AT Account Name
4602.860.7220-5809.00
721,656 -
46020
7220
EX Improvements - Street
4602.860.7220-5911.99
28,344 -
46020
7220
EX Contingency - Capital Project
460.2.860.7999-5899.00
(750,0 ) -
46020
7999
EX Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\06-02-2020\B.4, 2020-0414 Futrall Railroad Crossing 1 of 1
City of Fayetteville Staff Review Form
2020-0414
Legistar File ID
6/2/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 5/14/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget Adjustment
for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 28,344.86, for a Total Budget of
$750,000.
4602.860.7220-5809.00
Account Number
46020.7220
Project Number
Budget Impact:
Streets Project 2019 Bonds/Street Improvements
Fund
Futrall/Gregg and Shiloh/Gregg RR Xngs
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Project Title
$ 20,000.00
�$ 1,734.96
Does item have a cost? Yes Item Cost $ 750,000.00
Budget Adjustment Attached? Yes Budget Adjustment $ 750,000.00
Remaining Budget $ 18,265.04
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF JUNE 2, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Chris Brown, City Engineer
DATE: May 13, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a Railroad Crossing and Maintenance Agreement and an
Easement Agreement with the Arkansas and Missouri Railroad for a new
railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget
Adjustment for Costs Related to the New Crossing, and Approval of a
Project Contingency of $ 28,344.86, for a Total Budget of $750,000.
RECOMMENDATION:
Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and
an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad
crossing near Shiloh Drive and Gregg Avenue. Staff also recommends approval of the budget
adjustment to fund the cost of the railroad crossing agreement and associated costs of roadway
and traffic signal modifications to complete the railroad crossing, including a contingency of
$28,344.86. Total project cost including contingency is $750,000.
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. This project was identified as a
priority project in the 2019 bond program, as opportunities to partner with developers of the
property arose. The connection will provide a more direct access from the property to the
Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the
railroad and Gregg Avenue.
DISCUSSION:
AMRR has presented two agreements to the City. The first, a New Railroad Crossing and
Maintenance Agreement, addresses terms of the construction and maintenance of the crossing.
including:
• The City will reimburse the AMRR for the full cost of labor and materials for installation of
the crossing signal, panels, and appurtenances necessary for a fully operational
crossing. The estimated cost of the crossing installation is $519,179.14.
• The City agrees to close the existing unimproved crossing at Garrett Dr. and Gregg
Avenue.
• The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for
basic maintenance and wear and tear.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• The City and the AMRR agree to equally share the cost of repairs or major maintenance.
The second. an Easement Agreement, establishes the terms of the City's perpetual use of the
AMRR property for the crossing. The most significant item in this contract is a requirement to
maintain insurance in the amount of $15 million.
In addition to these agreements, construction of the roadway connection from the railroad to
Gregg Avenue and modification of the traffic signal to accommodate the 4th leg of the
intersection and connect to the railroad signal are the responsibility of the City. The estimated
cost of these improvements is $202,476. Finally, a contingency of $28,344.86 is recommended
for unforeseen costs of the railroad crossing and/or the roadway/signal work.
BUDGET/STAFF IMPACT:
As noted above, the total project estimate is:
Agreement with AMRR: $519,179.14
Roadway/signal work: $202,476
Contingency: $28,344.86
Total: $750,000
Funding for this work will come from the 2019 Transportation Bond Program. The original
allocation in Phase 1 was $1 million for two proposed signal crossings; the total for the two is
now estimated at $1.5 million; the additional $1.5 million will come from contingency funds set
aside in Phase 1 of the Bond Program.
Attachments:
New Railroad Crossing Cost and Maintenance Agreement
Easement Agreement
Estimate for Roadway and Signal Improvements
Project Vicinity Map
Vicinity Map of Crossing to be Closed
NEW RAILROAD CROSSING COST
AND MAINTENANCE AGREEMENT
This Agreement, made and entered into this day of , 2020. by and between the City
of Fayetteville, Arkansas (hereinafter "City") and The Arkansas & Missouri Railroad
Company,(hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning a new crossing at Futrall Drive within the City
limits at railroad milepost 349.45. The City proposes, for the benefit of the public, to add this
crossing, pursuant to the Site Layout attached as Exhibit 1, and remove in its entirety, existing crossing
at Garrett Drive; and
WHEREAS, it is understood that the contemplated crossing will be financed solely from funds
appropriated by City and expended under its regulations.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
agreement, subject to the provisions of the recitals above, it is agreed by and between the parties hereto as
follows:
i. AMRR has provided an estimate for the cost of the crossing upgrade which is attached as
Exhibit 2. This estimate does not include any track or railroad work required during utility installation -
which is not subject to estimation at this time. The parties understand that the estimate is $519,179.14 and
the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both
parties further acknowledge that any materials or crossing equipment supplied by the City shall be
considered a part of the consideration of this agreement. Upon final completion of the project, all said
materials and crossing equipment shall become the property of AMRR.
2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for
installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered
by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging
Services Agreement for railroad track protection, including, but not limited to, railroad flagging which is
charged at the rate of $95 per hour. A Flagging Services Agreement will be executed
simultaneously with the execution of this Agreement.
3. Insurance. During upgrade construction, City shall ensure that any contractors they
employ to perform work on the project in question will maintain a general liability insurance policy, the
limits of which will be not less than Three Million Dollars ($3,000,000) per person, Five Million
Dollars ($5,000,000) per accident and Three Million Dollars ($3,000,000) for property damage. The
policy shall name AMRR, its successor or assigns and City as insureds. Such policy shall contain a
clause that the insurer will not cancel or change the insurance without giving AMRR, City, or their
successors or assigns ten (10) days prior written notice, and a certificate of such insurance shall be
delivered to AMRR prior to the inception of the construction of the crossing.
4. Maintenance and Repairs. The parties acknowledge that the crossing and equipment will
require maintenance and repairs due to normal wear and tear and possibly damage from accidents,
negligence or acts of nature. The City will not be liable for any damages caused solely by the negligence
of AMRR. If damages are caused to the crossing and/or equipment by the acts of 3`a parties, AMRR and
the City will coordinate to pursue any cause of action against said 3`d parties to recover the costs of repairs
and any amount recovered will be applied accordingly. City will pay an annual crossing maintenance fee
of $7,500 effective upon execution of this Agreement and on each anniversary date thereafter for so long
as the crossing remains open. On each anniversary date, the annual maintenance fee will increase by 2%.
The annual maintenance fee will cover regulatory testing, basic maintenance and general wear and tear.
Otherwise, City and AMRR will each be responsible for 50% of any capital expenditures for the
equipment and the crossing surface. Except for emergency repairs, AMRR will give the City one hundred
eighty (180) day written notice of any needed repairs or maintenance and the amount thereof. The
crossing shall be maintained as specified above until such time as the parties mutually agree otherwise or
upon a date certain that the crossing should be closed.
5. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to its subject matter and may not be modified or amended orally.
6. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Arkansas.
7. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective heirs, successors and assigns.
8. Both parties acknowledge that the signatories below have the appropriate authority to sign
on behalf of the party they represent.
2020.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _ day of
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Signature
Print Name
Title
STATE OF ARKANSAS )
COUNTY OF )
CITY OF FAYETTEVILLE, ARKANSAS
Signature
Print Name
Title
ACKNOWLEDGMENT
On this day of , 2020, before me, the undersigned, allotary Public, duly
commissioned, qualified, and acting, within and for said County and State, appeared in person,
_Lioneid Jordan and Kara Paxton, to me personally well-known who stated that they are
the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly
authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of
the City of Fayetteville, Arkansas, and further stated and acknowledged that they had so
signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
My Commission Expires:
Notary Public
ARKANSAS & MISSOURI RAILROAD COMPANY
Approved by:
Signature
CAREN L. KRASKA
Print Name
President
Title
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)H
COUNTY OF %J AS Z`5- )
-rh
On this 1 s day of M a.-t , 2020, before me, the undersigned, a Notary Public,
duly commissioned, qualified, and acting, within and for said County and State, appeared in person,
CAREN L. KRASKA, to me personally well-known who stated that she is the President of
ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to
execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad
Company, and further stated and acknowledged that she had so signed, executed, and delivered said
foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
My Commission Expires:
CV)C,2.c-I�4 1-41 so ae
`'YIQLA.L4 � 0VV1,, .,L-
Notary Public
` %1111110, `P$ ANDRFgO/si.
NOTARY PUBLIC _
Comm. # 12365395 —
My Comm Expires
Mar 17, 2028
���� 0 ; ARK;N�0
DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE
loo.
DISTANCE FROM SHUNT TO FUYRALL TRACK WIRE
—121, MIN
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FUTRALI. DRUE
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SHILOH DRIVE
630 HZ
TE'w
Ft2
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M"MUM TIME
20 SEC
PLUS CL~E TIME
a SEC
MINIMUM WARNING TIME (WWT)
20 SEC
IPLUS BUFFER TIME 1 5 SEC I
[TOTAL APPROACH TIME (TAT)
SPEED
TIMES RATIO OF F7/SEC TO MPH
ITOT_ (MINIMUM) APPROACH OIST"E
r 7
SIGNALS:
ALL LIGHTS TO BE LE.D.
EXHIBIT I
GATE 0 1 26:
CABLE RUNS-
:
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PED GATE #IA - 1 2:
PED GATE J12A - 12
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GREGG STREET
,*\I,CT
a
1601 CAMP BOWIE W bl.V(
FORT WORTH, Ix 76116
(817) 886-8210
WWW.CTClNC.COM
- ARKANSAS& MISSOURI
RAILROAD
,.-IIHALL OR[Vf
(AYETTUVILLE., ARKANSA,
A
08-w-19
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AiPXANSASGM/SSUUITI
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Arkansaas & Missouri Railroad
306 E. Emma Ave
Springdale, AR 72764
To: City of Fayetteville
Atnn: Chris Brown
Job:
Futrall Dr Fayetteville AR.
Item #
Qty
Description
Material
1
50
1 151b Concrete Panel Material
2
40
10' Crosstie
3
160
1 15# Relay Rail
4
80
5.5" Base Pandroi Tie Plate
5
160
Pandrol Clips
6
3
Railroad Spikes
7
160
5.5" Anchors
8
4
115 New / 1 /4 worn Trans Rails
9
8
1 15# Thermite Welds
10
100
Ballast Truck Load
Labor
1 1 CWS - CTC Quote (Material & Labor)
2 1 Contractor Labor (Track Contractor)
3 1 Project Management/Admistrative
4 100 MOW EIC of Track Protection
5 20 Surfacing Crew
6 16 1-10-Ton Truck
7 16 1- Dump Truck w/Driver
Prepared by: Jeromy Houchin
Date: September 18, 2019
Unit
Unit Price
Line Total
Ft
$200.81
$10,040.50
Each
$90.50
$3,620.00
Linear Foot
$1,100.00
$176,000.00
Each
$24.00
$1,920.00
Each
$2.95
$472.00
Keg
$75.00
$225.00
Each
$2.95
$472.00
Each
$970.00
$3,880.00
Each
$198.10
$1,584.80
Truckload
$17.00
$1,700.00
$199,914.30
Freight
$1,250.00
10% 0/H
$19,991.43
Tax @ 9.75%
$19, 491.64
Subtotal (material)
$240,647.37
Lump Sum
$239,731.77
$239,731.77
Lump Sum
$15,500.00
$15,500.00
Lump Sum
$5,000.00
$5,000.00
Hour
$95.00
$9,500.00
Hour
$200.00
$4,000.00
Hour
$150.00
$2,400.00
Hour
$150.00
$2,400.00
EXHIBIT 2
Subtotal (labo
Totl
$278,531.77
$519,179.14
RAILROAD CROSSING EASEMENT AGREEMENT
This Agreement, made and entered into this day of
2020, by and between the City of Fayetteville, Arkansas (hereinafter "City") and
The Arkansas and Missouri Railroad Company, (hereinafter "AMRR").
WITNESSETH:
WHEREAS, City is in the process of planning the construction of an extension of
Futrall Drive within the City limits that would cross AMRR's tracks. The City proposes,
for the benefit of the public, to install a new crossing at said location. pursuant to particular
plans and specifications to be agreed upon by the parties, and
WHEREAS, the Easement is defined on Exhibit 1 and incorporated herein by
reference; and
WHEREAS, it is understood that the contemplated crossing will be financed from
funds appropriated by City and expended under its regulations as established under the
terms of a Crossing Agreement executed separately by the parties.
NOW, THEREFORE, in consideration of the covenants and agreements contained
and subject to the provisions of the recitals above, it is agreed by and between the parties
hereto as follows:
1. The City and AMRR have caused to be prepared plans and specifications
for the project. Attached as Exhibit 1 is the proposed plan. The parties acknowledge
that this schematic drawing contains certain requirements and restrictions with regard to
the construction in, near and around the Railroad and the City agrees to be bound by all of
these requirements and restrictions contained in the plans, specifications, coordination
notes and the separate Crossing Cost Agreement.
2. AMRR has provided an estimate for the cost of the crossing. The parties
understand that the estimate is $519,179.14 and the parties acknowledge that the
ultimate cost of the crossing could be under or over this estimate.
3. The cost (labor and material) for installing the new crossing will be born by
the City pursuant to the Crossing Cost Agreement.
Page 1 of 5
4. After con., -.-.,ion of the project, the Parties shal, --ar the expense of the
maintenance, inspection, capital costs and operation of the crossing per the terms of the
separate Crossing Agreement or any amendment thereto, so long as it is to be
maintained as a crossing over the railroad or until it is mutually agreed between the
parties that the project is no longer needed at the crossing or until the crossing is
abandoned by AMRR or City, or other legal requirements making it necessary to cease
operations and maintenance of the project. At that time, materials purchased and
installed for the project may be moved to other locations on AMRR's lines within the
States of Arkansas or Missouri or otherwise disposed of or sold by AMRR.
5. Limitation on Grant. This Easement does not grant to City the subsurface
of any easement area, all such rights and privileges being reserved to AMRR.
6. Indemnification. The CITY OF FAYETTEVILLE shall cause any contractor
employed by it or engaged by it to construct the improvements contemplated by this
agreement to assume any and all liability for injury to or death of persons, all loss or
damage to property, in any manner arising from or during the construction of the
improvements contemplated by this agreement, however, such injury, death, loss,
damage or destruction as aforesaid may occur or be caused. The CITY OF
FAYETTEVILLE shall further cause any contractor engaged by it to construct the
improvements contemplated by this agreement to indemnify and save and hold harmless
the ARKANSAS & MISSOURI RAILROAD COMPANY from any and all claims, demands,
suits, actions, damages, recoveries, judgments, costs and expenses arising or growing
out of or in connection with such injury, death, loss. damage or destruction as aforesaid,
which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY
incurs defending itself, including attorney fees and expenses.
7. Insurance. In further consideration for the grant of this Easement, City shall
acquire a policy of liability insurance which shall insure AMRR in the amount of fifteen
million dollars ($15,000,000) from liability for injury or death to persons or damage to
property arising from any persons using the crossing described on Exhibit 1, whether
injuries are caused by the operation of the trains by AMRR or otherwise. At the option of
AMRR such policy shall either name AMRR as a named insured or an additional insured
of such policy. Said policy will be kept in full force and effect during the existence of this
Easement and shall continue to insure AMRR for incidents arising during the existence of
this Easement and until the crossing is terminated or abandoned per the terms of
paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to
approval of AMRR and shall provide for notice to AMRR not less than 30 days of
cancellation of such policy.
8. If any portion of this Easement or any provision in this Easement shall be
found to be invalid or unenforceable, the remaining provisions shall continue to be fully
effective and enforceable, and both parties consent to the modifications of this Easement
in any manner as a court may deem necessary to preserve the grant of easement
contained herein.
Page 2 of 5
9. Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to its subject matter and may not be modified or
amended orally.
10. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Arkansas.
11. Binding Effect. The provisions of this Agreement shall be binding upon and
inure to the benefit of each of the parties and their respective heirs, successors and
assigns.
12. Both parties acknowledge that the signatories below have the appropriate
authority to sign on behalf of the party they represent.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of 2020.
Page 3 of 5
CITY OF FAYETTEVILLE, ARKANSAS
i,,nature -Signature
Print Name Print Name
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this day of , 2020, before me, the undersigned. a
Notary Public, duly commissioned, qualified, and acting, within and for said County and State,
appeared in person, Lioneld Jordan and Kara Paxton, to me personally well-known who
stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS,
and are duly authorized in their capacity to execute the foregoing instrument and for and in the
name and behalf of the City of Fayetteville. Arkansas, and further stated and acknowledged that
they had so signed, executed, and delivered said foregoing instrument for the consideration,
uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
My Commission Expires:
Notary Public
Page 4 of 5
ARKANSAS & MISSOU)RI RAILROAD
2�
Approved by:
Signature
Caren L. Kraska
Print Narne
President
Ti tte
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OFI3AS"'Ytfaton) §§
On this 15 day of m t , 2020, before me, the undersigned a
Notary Public, duly commissioned, qualified, and acting, within and for said County and State,
appeared in person. CAREN L. KRASKA, to me personally well-known who stated that she is
the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in
her capacity to execute the foregoing instrument and for and in the name and behalf of
Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had
so signed, executed, and delivered said foregoing instrument for the consideration, uses, and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated
above.
My Commission Expires.
(vAa,-,) , 1 qI 2 Oa ,�
Notary Public
Page 5 of 5
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NOTARY PUBLIC
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My Comm Expires
Mar 17, 2028 `
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DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE
WIN
MIN
FUTRALL DRIVE
CANT
NEAR 11
GAT11
WARE SIX
GATE
DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE
SHILOH DRIVE I
6w fo7t]
SHILOH DRIVE
630 HZ
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MINIMUM TIML
20 SEC
PLUS CLEARANCE TIME
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MINIMUM WARNING TIME {YWf) .
20 SEC
IPLUS BUFFER TIME
5 SEC
[TOTAL WARNING TIME (TW
EQUIPMENT RESPONSE LIME
�PLII,
PLUS ADVANCE PRE-EMP110N RME
N/A SEC
TOTAL APPROACH TIME (TAT)
,10`.x_ f
MAXIMUM TRAIN SPEED 25 MPMI
TIMES WTIO OF Ff/SEC TO MPH
[TOTAL (MIMMUM) APPROACH DWANCE T� 00 F-t]
SIGNALS
ALL LIGHTS TO BE L.E.D.GATE
EXHIBIT I
#1 - 26 .
CABLE RUNS:
GATE #2 - 18'
G = 7C#6/7C#14 U.G.
PED GATE IIA 12:
c - 5c#6 U.C.
PED GATE #2A 1 2
CANTILEVER #1 21'
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I - 2C#6 TWISTED PAIR U.G,
GREGG STREET
Wl CAMP BOWIE W BLVC
FORT WORTH, TX 76116 n"or
(817) 886-8210 Tr"-Mrl•
www,ciuN(;.cum p
ARKANSAS & MISSOURI
RAILROAD
FUTRALL URIVL
FAYETTEVILLE. ARKANSAS
City of Fayetteville
►� Futrall Drive Railroad Crossing
CITY OF
FAYETTEVILLE Preliminary Cost Estimate
AR KANSAS
10/10/2019
ITEM
DESCRIPTION
QTY.
UNIT
UNIT COST
EXTENDED COST
1
Mobilization
1
LS
x
S 7,000.00
=
$ 7.000.00
2
Insurance and Bonding
1
LS
x
$ 10,000.00
=
$ 10,000.00
3
Construction Control (Staking)
1
LS
x
$ 3,000.00
=
$ 3,000.00
4
Traffic Control & Maintenance
1
LS
x
$ 5,000.00
=
$ 5,000.00
5
Erosion Control
1
LS
x
$ 4,500.00
=
$ 4.500.00
6
Clearing. Grubbing. & Demolition
1
LS
x
$ 6,000.00
=
$ 6,000.00
7
R&D Existing Curb and Gutter
125
LF
x
$ 10.00
=
$ 1,250.00
8
Unclassified Excavation
200
CY
x
$ 18.00
=
$ 3.600.00
9
Select Embankment
175
CY
x
$ 25.00
=
$ 4,375.00
10
Embankment
50
CY
x
$ 20.00
=
$ 1.000.00
11
Subgrade Preparation
260
SY
x
$ 5.00
=
$ 1.300.00
12
4" Topsoil Placement
280
SY
x
$ 6.00
=
$ 1.680.00
13
Solid Sod
305
SY
x
$ 5.00
=
$ 1.525.00
14
Class 7 Aggregate Base Course
120
TON
x
$ 40.00
=
$ 4,800.00
15
HMAC Surface Course (PG70-22)
40
TON
x
$ 100.00
=
$ 4,000.00
16
HMAC Binder Course (PG70-22)
40
TON
x
$ 100.00
=
S 4.000.00
17
18" Concrete Curb & Gutter
160
LF
x
$ 20.00
=
S 3.200.00
18
6" Concrete Trail w/Class 7 Base
140
SY
x
$ 65.00
=
$ 9.100.00
19
Striping
1
LS
x
$ 10,000.00
=
$ 10,000.00
20
Traffic Signs
1
LS
x
$ 2,500.00
=
$ 2,500.00
21
Traffic Signal Modifications
1
LS
x
$ 75,000.00
=
$ 75,000.00
22
24" Flared End Section
2
EA
x
$ 1,000.00
=
$ 2,000.00
23
24" RCP
60
LF
x
$ 65.00
=
S 3.900.00
Total Estimated Construction Costs
$ 168,730.00
Contingency (20%)
$ 33,746.00
Sub -Total
$ 202,476.00
Railroad Costs
$ 519,179.14
Total Estimated Project Cost
$ 721,655.14
Page 1 of 1
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CITY OF
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ARKANSAS
www.fayetteville-ar.gov
ENGINEERING DIVISION
PHONE: (479) 575-8206 FAX NO. (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR, No. 8126
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CITY OF
FAYETTEVILLE
ARKANSAS
www.fayetteviIIe-ar.gov
ENGINEERING DIVISION
PHONE: (479) 575-8206 FAX NO (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126
� 81
CITY OF
FAYETTEVILLE
14'W ARKANSAS
MEETING OF AUGUST 18, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Chris Brown, City Engineer
DATE: August 12, 2020
CITY COUNCIL MEMO
SUBJECT: Item 2020-0414 Approval of a Railroad Crossing and Maintenance
Agreement and an Easement Agreement with the Arkansas and Missouri
Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue,
Approval of a Budget Adjustment for Costs Related to the New Crossing,
and Approval of a Project Contingency of $ 30,820.86, for a Total Budget of
$550,000.
RECOMMENDATION:
This item was tabled indefinitely at the June 4th, 2020 City Council Meeting pending resolution of
questions from the City Council regarding the economic benefit of the proposed crossing These
questions were researched by staff; responses to the questions are detailed in the discussion
section below.
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. This project was identified as a
priority project in the 2019 bond program, as opportunities to partner with developers of the
property arose. The connection will provide a more direct access from the property to the
Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the
railroad and Gregg Avenue.
DISCUSSION:
AMRR has presented two agreements to the City. The first. a New Railroad Crossing and
Maintenance Agreement, addresses terms of the construction and maintenance of the crossing,
including:
• The City will reimburse the AMRR for the full cost of labor and materials for installation of
the crossing signal, panels, and appurtenances necessary for a fully operational
crossing. The estimated cost of the crossing installation is $519,179.14.
• The City agrees to close the existing unimproved crossing at Garrett Dr. and Gregg
Avenue. (This item is under discussion with the railroad).
• The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for
basic maintenance and wear and tear.
• The City and the AMRR agree to equally share the cost of repairs or major maintenance.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The second, an Easement Agreement, establishes the terms of the City's perpetual use of the
AMRR property for the crossing. The most significant item in this contract is a requirement to
maintain insurance in the amount of $15 million.
Previous versions of this ordinance included approval of additional funding for roadway and
signal installation by the City. These items have been removed from the budget and will be
deferred until the time of development. A determination of appropriate contributions by the
developers for the cost of the roadway and signal work will be made by the Planning
Commission, and a cost share agreement for any portion of the work to be paid by the City will
then be brought forward to the City Council.
The property developer was not prepared to share details of their development plan when this
item was originally presented, but has since provided conceptual plans totaling over $150
Million in construction for phase 1 of their development, including a mixture of residential,
restaurant/retail, and anchored by Washington Regional Medical Center who would employ
almost 1,000 employees. If these plans are developed to completion as proposed, the cost of
the railroad crossing would be recovered by tax receipts from the construction alone, resulting in
net profit to the City's tax base beginning in the first year post construction.
BUDGET/STAFF IMPACT:
As noted above, the total project estimate is:
Agreement with AMRR: $519,179.14
Contingency: $30,820.86
Total: $550,000
Funding for this work will come from the 2019 Transportation Bond Program.
Attachments:
New Railroad Crossing Cost and Maintenance Agreement
Easement Agreement
Estimate for Roadway and Signal Improvements
Project Vicinity Map
Vicinity Map of Crossing to be Closed
ORDINANCE NO.
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT
AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW
RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF$30,820.86, AND TO APPROVE A
BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $550,000.00
WHEREAS, the extension of Futrall Drive has long been a part of the Master Street Plan to
provide an additional access to approximately 150 acres of undeveloped property west of the
railroad tracks, east of Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one
for the construction and maintenance of a new railroad crossing and the second an easement
agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance
Agreement, the City will reimburse the AMRR for the full cost of labor and materials for
installation of the crossing signal, panels, and appurtenances necessary for a fully operational
crossing, which is estimated to be $519,179.14; the City agrees to close the existing unimproved
crossing at Garrett Drive and Gregg Avenue; the City will pay a yearly maintenance fee of
$7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City
and AMRR agree to equally share the cost of repairs or major maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the
AMRR property for the crossing including a requirement that the City maintain an insurance policy
in the amount of $15 million; and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land
over which the crossing is proposed is owned and controlled by the Arkansas and Missouri
Railroad, which has the sole power to authorize and construct new crossings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore
waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the
New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with
Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project
contingency in the amount of $30,820.86 for a total estimated project cost of $550,000.
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Devin Howland, Director of Economic Vitality
DATE: August 18, 2020
STAFF MEMO
SUBJECT: Estimate for full recapture of the costs of both railroad crossings and
annual costs
DISCUSSION:
Item
Cost
Shiloh Railroad Crossing
$600,000
Futrall Railroad Crossing
$550,000
Annual Cost for both crossings for three years
$61,208
Grade seperated University pedestrian crossing
$500,000
Total
$l, 711, 208
While the University crossing is attached to the agreement for the railroad crossing at Shiloh,
there is no specific reason for its association other than how the agreements were drafted. As
such, this memo aims to show full recapture of all costs, including the grade separated
pedestrian crossing at University, using sales tax revenue from both projects (Shiloh and
Futrall).
Item
Time Period
Running Balance
Initial Cost two crossings and underpass
Construction Complete
Annual Cost for three years
Three years
$ ;
Revenue from phase 1 construction (both)
Year 1
$ (619,500.00)
Revenue from first year of phase 1 operation (both)
Year 2
$ (582,163.40)
Revenue from second year of phase 1 operation (both)
Year 3
$ (9,544.60)
Revenue from second year of phase 1 operation (both)
Year 3
$ 585,427.21
Estimated tax
revenue
paying back
This exercise continues to show the many ways recapture can be calculated and realized by the
City -and the many moving variables which could influence it. Costs of construction materials,
continued escalation of e-commerce sales, and the addition of additional developments are just
a few examples. The table above outlines one such scenario where the developments could
nearly pay for the costs by the end of the first year of operation and produce a large amount of
revenue the second year of operation.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
va-"> Washington Regional
Drake Farms development. There simply is no other land of sufficient size available to
Washington Regional that adjoins our campus.
My point In writing Is to voice the support of Washington Regional and its Board for the Drake
Farms project and the efforts of the City to develop the necessary Infrastructure to bring that
planned development to fruition. We believe Drake Farms will serve Fayetteville well Into the
future, bringing the type of mixed use development that the City favors to our community. This
Is an Important project for Fayetteville, Washington Regional and the Northwest Arkansas
region.
Sincerely,
Greg Lee J. Larry Shackelford
Board Chair President & CEO
3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 - 479.713.1000 • wregional.corn Hiwe- ftr 1;t+s;fI
Washilt-igtonRegional
July 21, 2020
Dear Mayor Jordan,
In the period before the COVID-29 public health emergency, Washington Regional had
embarked on an ambitious plan to further expand healthcare services to serve the growing
Northwest Arkansas population and attract patients from surrounding areas. Our Board
remains committed to the plan to realize that vision. Our organizational plan Is aligned with the
objectives outlined in a recent report commissioned by the Northwest Arkansas Council, which
Is to make our area a regional healthcare destination. We have long been concerned that area
residents travel outside our region to seek specialty services that can and should be offered
locally. According to the report, Northwest Arkansas loses $950 million annually as a result of
residents traveling to providers in other regions. Among other recommendations, the report
calls for the region invest In the expansion of services to keep patients at home and attract new
patients from other areas. The report concludes that such an Investment will result in 6,000
new jobs and add $3.4 billion to the local economy by 2040.
Washington Regional is the region's only locally owned and governed health system. Our board
members live and work In Washington County and we believe our reputation as the region's
leading healthcare provider has been attained as a direct function of our local governance
which, In turn, makes our organization responsive to the needs of our community — not a
corporate office located in another state. Washington Regional currently employs over 3,300
Individuals in our community with an average annual wage in excess of $70,000.
The original North Hills campus of Washington Regional was built In 2002 with a total of
340,641 sq. ft. Over the past decade our campus has experienced signlflcant growth, Today,
our campus consists of 707,731 sq. feet of space with the recent completion of our core
hospital expansion. That growth has enabled us to offer cutting edge services that are on par
with what might be found In much larger cities. For Instance, we operate the region's only
Comprehensive Stroke Program, a comprehensive neuroscience center, and a Level 11 Trauma
Center, to name but a few. However, Washington Regional has reached the limits of physical
capacity at the current North Hills campus. We must expand our foot print, and Ideally that
expansion would be adjacent to our current campus. We need to Increase the clinical capacity
available at our current campus, and for complex regulatory reasons, our ability to do that will
largely be determined by our ability to secure additional real estate that abuts our current
campus. The preliminary plans I have mentioned all point to that expansion occurring toward
the North and West. The construction of our new business office at Gregg and Drake Streets
demonstrate that commitment, Our significant growth opportunity, however, rests with the
3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 • 479.713.1000 • wreglonal.com
The estimations for sales per foot, as well as employee spend per week were derived from
reports prepared by Gibbs Planning Group for the project. The estimations for housing units
were derived from reports prepared by Zimmerman/Volk Associates Inc. and the project
developer. Internet sales tax per resident was derived using City of Fayetteville internet sales
tax collection data and is consistent with other estimates shown to the City Council. Residential
grocery, entertainment, and eating out sales per resident were derived from the Bureau of Labor
Statistics data for the Fayetteville MSA.
Final Notes:
The development is consistent with the City's Future Land Use plan designated in City Plan
2040. The project holds many other benefits, such as tree preservation of historic one of a kind
black walnut tree's planted by Noah Drake and serves as a major catalyst for future investment
aligned with the City's growth concept map. Sales tax has also not been estimated for taxable
materials purchased by on site employers or other businesses. Lastly, the economic revenue
estimations do not include payroll, or other induced economic benefits the City and surrounding
area will see in wake of the project(s).
ATTACHMENTS:
• Letter from Larry Shackleford, Chief Executive Officer of Washington Regional Medical
Center
N
Sales Estimates
Municipal Sales Tax Estimates
Estimated Internet Sales from (Residential)
Estimated Taxes from Internet Sales
5
8,640.00
Estimated Grocery Sales from (Residential)
Estimated Tax from Grocery Sales
433,440, X
8,668, 80
Estimated Entertainment Sales from (Residential)
Estimated Taxes from Entertainment Sales
360,000.00
5
7,200.00
Estimated Eating Out Sales from (Residential]
Estimated Taxes from Eating Out
288,000.00
5
11,S20 00
Estimated Property Taxes to Fayetteville
S
35,000.00
Estimated Retail Safes on site brick and mortar (Site)
Estimated Taxes from Retail Sales (Site)
Estimated Restaurant Sales on site brick and mortar (Site)
Estimates Taxes from Restaurant Sales (Site)
6,300,000.00
5
2' 000 00
Estimated Employee Retail Spend
Estimated Taxes from Employee Retail Spend
6 177,600.00
-23 552 CO
Estimated Restaurant Sates from (Employee Spend)
Estimates Taxes from Restaurant Sales from (Employee Spend)
3,088,800.00
S
123,552 00
Recapture of the cost for the Futrall railroad crossing:
Item
Time Period
Running Balance
Initial Cost
Construction Complete
$ 550,000.00
Annual Cost for two years
Year 1-2
$ 20,200.00
Phase 1 Construction revenue
Year 1
$ (451,500.00)
Phase 1 Year 1 operation
Year 2
$ (118,700.00)
Year 2 net revenue
Year 2
$ 301,672.00
Estimated tax revenue paying
back crossing
Conservatively, the crossing would likely pay for itself by the first year of operation of phase 1,
estimated to begin in year 2 in the table above. However, it could be paid off sooner depending
on the pace of development and continued escalation in areas such as internet sales tax. As
additional developments are announced and spending patterns shift, staff will continue the
monitor the recapture of the costs to install and operate the crossings.
Methodology and References:
Base Item
Unit
Restaurant Sales per foot
$
350.00
Internet Sales Per Person
$
3,000.00
Grocery Sales per resident
$
3,010.00
Annual Entertainment per resident
$
2,500.00
Eating out per resident
$
2,000.00
Weekly Retail Spend Per Employee
$
120.00
Weekly Restaurant spend per employee
$
60.00
• Washington Regional: 100,000 square foot building with 150 new full-time employees.
Estimated capital investment of $35,000,000 including fixtures.
• Multi -Family Apartments: 115 apartment units with an estimated 144 residents.
Estimated investment of $20,125,000.
• Two Office Buildings with 240 on -site full-time employees. Estimated Investment of
$17,500,000.
• Multiple Restaurants totaling 18,000 square feet. Sales per foot estimated at $350.
Annual Compounding Sales Tax Collection
PHASE ONE: 100K Sq ft Washington Regional with
YEAR 2 of full
150 FTE. 18,000 Sq ft of Restaurant. 115 Apartment
Units at $175K per unit and 144 residents. $17.5M
phase 1 build
YEAR 3
YEAR 4
YEAR 5
Office Development(s) with 240 other onsite FEES.
out
$ 420,372.80
5 429,621A0
$ 439,072.66
5 448,732.26
5 458,604.37
2.2°� Inflation Annually
5 9,248.20
5 3,4,' 6
9,E59 r {
5 7 87 '
Sales Tax from Construction phase 1: $451,SW
Figure 1: Sales tax from construction is not included in the green bar.
Phase Two:
• Washington Regional: 250,000 square feet of buildings with at least 600 new full-time
employees. Estimated investment of $85,000,000 including fixtures.
Annual Compounding Sales Tax Collection
PHASE TWO: 3-5 years Additional 250,000
sq. ft Washington Regional, multiple
YEAR 2 of full
buildings plus at least 600 new FTE.
phase 2 build
YEAR 3
YEAR 4
YEAR 5
Additional developments not currently
out
known but will likely take place.
$ 653,453.67
$ 667,829.65
$ 682,521.90
$ 697,537.38
$ 712,883.21
2.2% Inflation Annually
$ 14,375.98
$ 14,692.25
$ 15,015.48
$ 15,345.82
Sales Tax from Construction phase 2: $476,000
Figure 2: Sales tax from construction is not included in the green bar.
CITY OF
FAYETTEVILLE
W4V ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Devin Howland, Director of Economic Vitality
DATE: August 18, 2020
STAFF MEMO
SUBJECT: Revenue Estimations: Washington Regional Expansion and Drake Farms
DISCUSSION:
The Futrall Drive railroad crossing which was identified as a phase one bond project is not being
built as a speculative connection. While the connection is a part of the City's Master Street Plan,
its purpose is the help facilitate a major expansion of one of the City of Fayetteville's anchor
employers, Washington Regional. The connection also plays an integral role in the street
network of Drake Farms, a walkable urban community which will be anchored by Washington
Regional to the north.
The following report aims to provide a conservative view of the direct and indirect sales tax from
the mix of uses developed through two separate phases. The revenue estimations do not
include revenue from building permit fees, impact fees, or other uses likely to be developed as
the property is carefully developed. The report outlines only developments that have been
confirmed by the property owner and Washington Regional.
Base Item
Units
Washington Regional Sq. Ft.
350,000.00
Washington Regional Full Time Employees
750.00
Other Full Time Jobs on Site
240.00
Living Units/Residents
115/144
Total Investment
$ 151,625,000.00
Restaurant Square Feet
18,000.00
Office Developments
2
Economic Benefits: The project offers significant economic benefits through tax revenue to the
City of Fayetteville. While the revenue estimations below primarily annotate sales tax revenue, it
is important to note the projects boast significant employment opportunities and increased
payroll in one of Fayetteville's targeted industry sectors. While Drake Farms will be built out
carefully over the coming years, the first few phases set the tone for careful and detailed
development on such an important parcel. This report outlines the first two phases of
development on the property and only reviews known protects. Additional developments may be
constructed during the following phases.
Phase One:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ORDINANCE NO.
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT
AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW
RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $2 ,344.86$30,820.86, AND TO
APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF
$750, 004. 00$ 5 5 0, 000.00
WHEREAS, the extension of Futrall Drive has long been a part of the Master Street Plan to
provide an additional access to approximately 150 acres of undeveloped property west of the
railroad tracks, east of Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one
for the construction and maintenance of a new railroad crossing and the second an easement
agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance
Agreement, the City will reimburse the AMRR for the full cost of labor and materials for
installation of the crossing signal, panels, and appurtenances necessary for a fully operational
crossing, which is estimated to be $519,179.14; the City agrees to close the existing unimproved
crossing at Garrett Drive and Gregg Avenue; the City will pay a yearly maintenance fee of
$7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City
and AMRR agree to equally share the cost of repairs or major maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the
AMRR property for the crossing including a requirement that the City maintain an insurance policy
in the amount of $15 million; and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land
over which the crossing is proposed is owned and controlled by the Arkansas and Missouri
Railroad, which has the sole power to authorize and construct new crossings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore
waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the
New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with
Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a
preliminary plat or large scale development for the first phase of development with a minimum
of 100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
PASSED and APPROVED this 2nd day of June, 2020.
APPROVED:
LIN
ATTEST:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
contingency in the amount of $28,344 30.820.86 for a total estimated project cost of
$7-50,000-.0.0$550,000.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a
preliminary plat or large scale development for the first phase of development with a
minimum of 100,000 square feet of commercial employment space, with posting of a bond to
secure the construction of a connecting roadway to railroad crossing.
PASSED and APPROVED this 2"d day of June, 2020.
APPROVED:
15
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk/Treasurer
Ross N. Ridout
President - General Counsel
rnridout@ridoutlumber.com
i"dout
Lumber Company
Arkansas DWholesale
Lumber, LLC
125 Henry Farrar Drive • Searcy, Arkansas 72143
Tel: 501-268-3929 Fax: 501-268-0678
August 12, 2020
Mr. Chris Brown, P.E.
City Engineer, Fayetteville
125 W. Mountain St.
Fayetteville, Arkansas 72701
RE. Closing ofAMRR Crossing at Garrett Dr. and Gregg Ave.
Mr. Brown:
Jennifer Cook
Collections Manager
jennifercook@ridoutlumber.com
As you are aware, approximately one week ago, you reached out to the store manager at Ridout
Contractor Outlet of Fayetteville to discuss City of Fayetteville Project No. 46020-7220, which
allows for the creation of an AMRR crossing at Futrall Drive in Fayetteville. The memo
regarding the project suggests that one of the "'requirements" for the City obtaining this crossing
is that the crossing at Garrett Dr. and Gregg St. be closed.
Ridout Contractor Outlet, which is part of Arkansas' largest lumber company chain, has been
located at 2195 North Gregg since 1995 (25 years). Garrett Drive, I think we can all agree is
basically like a small access road with little attention paid to it by the City. We do not typically
use it a great deal except to access the rail spur shared with Meeks. The crossing you are
referring to is basically the entrance to our lumberyard. Certainly, we would not have chosen
that location if that crossing had not existed, which would put our business at the dead-end of a
small, hardly maintained street. Additionally, Meeks Lumber is located at the other end of the
street, where it meets Township. Closing the crossing would funnel all of Ridout's customers
directly in front of (basically through the parking lot of) a direct competitor. For those who do
not know, Meeks and Ridout service exactly the same clientele, professional contractors.
Clearly, we would not have located there had that been the case in 1995, and it creates a
tremendous hardship on a business which has paid a great deal of taxes into the City of
Fayetteville and Washington County over the years. I've listed just the numbers for 2019 and
2020 YTD below:
Washington County City of Fayetteville Total
2019 170,330 163,178 $ 333,508
2020 YTD 132,719 132,594 $ 265 13
*Totals include taxes paid to City and County by all Ridout entities.
Certainly, the only hardships are not those mentioned above, but also, logistically speaking, all
large trucks delivering to the Gregg St. Ridout location are now able to make the loop on Garrett
Dr. stopping in the Ridout front lot to be unloaded before proceeding onward. This change
would cause all trucks to have to turn around in the Ridout business, causing hardship and
creating a situation which is many times more dangerous than the current one.
It's disheartening that Ridout was not approached by the City of Fayetteville to discuss this move
prior to investing so much time and money into the plan. I understand the problems with trying
to make a change to said plan at this point. It is more disheartening that the City did not seem to
push back against the AMRR on what appears to be such an arbitrary and asinine decision.
Of course, Ridout wants to support the City of Fayetteville and its master plan. We are 100% in
favor of development for obvious reasons. We would not want to do anything to jeopardize the
City's acquiring of a crossing at a desired location like Futrall Drive. We only hate that our
business has to be compromised when we have been such a good member of the community in
order for others to go forward.
One other aspect of this that is also troubling is the fact that Ridout is substantial customer of the
AMRR, bringing in about 100 rail cars in a good year. They may not be aware that this move
would affect us, but I have made them aware as of the date of this letter by email, and they will
be copied hereon.
It is our hope that the City of Fayetteville and the AMRR would get together and decide to leave
the Garrett Drive crossing open. It is a decision that would seem to affect no one negatively, and
would certainly help a longtime business member of the City and a customer of the AMRR. If
that is not possible, then Ridout would hope that the City would push back on the AMRR's
requirement of closing said crossing to support a business that has certainly supported the City.
With highest regards,
Ross N. Ridout
President & General Counsel
Ridout Lumber Companies\
CC: Caren Kraska
President, Arkansas & Missouri Railroad
Ross N. Ridout
President - General Counsel
rnridout@ridoutiumber.com
'kidout
Lumber Company
Arkansas OWholesale
Lumber, LLC
125 Henry Farrar Drive • Searcy, Arkansas 72143
Tel: 501-268-3929 Fax: 501-268-0678
August 13, 2020
Mr. Chris Brown, P.E.
City Engineer, Fayetteville
125 W. Mountain St.
Fayetteville, Arkansas 72701
RE: Closing of AMRR Crossing at Garrett Dr. and Gregg Ave.
Mr. Brown:
Jennifer Cook
Collections Manager
jennifercook@ridoutlumber.com
This is a follow up to my letter of August 12, 2020. I wanted to let you know I have done some
further research on this situation with the AMRR crossings. I have discovered who some of the
persons are behind the requests for the new crossings, and I can certainly give my endorsement
on behalf of the one that is not tied in this matter to our crossing (Shiloh). I'm sure Keith
Richardson and his team have nothing but the best intentions in mind for the City of Fayetteville,
as that has been my experience with them in all municipalities.
In addition, I'm writing because I have had time to take a closer look at the situation regarding
our crossing on Garrett Street, and I have spoken at length with our Fayetteville store manager,
as well as our neighbor, Billy Sweetser, about the activities on that street, and the effect that
closing the crossing would have. If you examine that road, and the entrance thereto at Township,
you will note that the road in its current condition would certainly not be safe for an increased
traffic load. The road is very narrow, contains no markings whatsoever, and is adjacent to an
active rail spur used by both Meeks and Ridout. As you are aware, unloading rail cars is a
dangerous activity, and it has to be done basically in the street and on the shoulder there. For
safety reasons, the road would clearly need to be widened and perhaps moved west slightly to
accommodate this activity which is critical to each business.
In addition, Ridout of Fayetteville does approximately 120 transactions a day which are either
delivered on our own trucks or are picked up by customers in our yard. All of that traffic would
be diverted down that inadequate road, and into that intersection which is basically in the Meeks
parking lot. Also, we receive numerous truckloads of inventory on 18 wheelers each day, all of
which would be diverted to that route.
Finally, that street is currently used by Meeks for parking trucks adjacent to their fence, by large
trucks entering the ministorage with their items, and even by the Fayetteville PD as a place to
park while pursuing speeders on Gregg St. In other words, it is used less like a through street,
and more like a private drive. Diverting all of the Ridout and ministorage traffic through there
would require a re -working of the street. It would need serious upgrades, but would also require
changes in behavior, much of which is going to cause considerable inconvenience for those
currently using it.
Mr. Brown, I know that you and the other city officials want what is best for Fayetteville and
Washington County. In this case, certainly that would involve following through with the
proposed new crossings to boost development in the area. Take it from someone who has had
businesses in towns that do not seek such opportunities. The benefit it brings cannot be taken for
granted. It is why Fayetteville is a top place to live in the country and many other Arkansas
towns are not. But also, doing what is best in this case would also include leaving the crossing at
Garrett Street open. Closing it would cause hardship on existing businesses, and even more
importantly, shift traffic onto a street which is not prepared to handle it, making it, for a number
of reasons, more dangerous than having the crossing as it sits. It is my sincere hope that you will
push for all of these things to happen which are all best for the City, and not let the railroad limit
the benefits the City can derive from its opportunities.
I appreciate your consideration.
With highest regards,
Ross N. Ridout
President & General Counsel
Ridout Lumber Companies
City of Fayetteville, Arkansas --dget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, approval of a budget adjustment for
costs related to the new crossing, and approval of a project contingency of $30,820.86 for a total budget of $550,000.
COUNCIL DATE
LEGISTAR FILE ID#
9/1/2020
2020-0414
Matthav Maddox,
811312020 2:51 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
GLDATE:
CHKD/POSTED:
9/1/2020
/
TOTAL
Account Number
- _
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20200528
Account Name
4602.860.7220-5809.00
519,180 -
46020
7220 EX
Improvements - Street
4602.860.7220-5911.99
4602.860.7999-5899.00
30,820 -
(550,000) -
46020
46020
7220 EX
7999 EX
Contingency -Capital Project
Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\09-01-2020\2020-0414 BA Futrall Railrood Crossing 1 of I
CityClerk
From: Brown, Chris
Sent: Tuesday, August 18, 2020 6:51 PM
To: CityClerk
Cc: Paxton, Kara
Subject: FW: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR
Attachments: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR
Categories: Forwarded
Also got this one.
From: Mayor <Mayor@fayetteville-ar.gov>
Sent: Tuesday, August 18, 2020 4:01 PM
To: Jordan, Lioneld <Ijordan@fayetteville-ar.gov>
Cc: Brown, Chris <cbrown@fayetteville-ar.gov>
Subject: FW: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR
fyi
From: Steve Clark <sclark@favettevillear.com>
Sent: Tuesday, August 18, 2020 3:39 PM
To: Gutierrez, Sonia <wardl poll@fayetteville-ar.gov>; wardl post@favvetteville-ar.gov; Kinion, Mark
<ward2 posl@fayetteville-ar.gov>; Petty, Matthew <ward2 pos2@fayetteville-ar.gov>; Bunch, Sarah
<ward3 pos2@fayetteville-ar.gov>; Scroggin, Sloan <ward3 posl@fayetteville-ar.gov>; Turk, Teresa
<ward4 posl@fayetteville-ar.gov>; Smith, Kyle <ward4 pos2@fayetteville-ar.gov>; Mayor <Mayor@fayetteville-
ar.gov>; Stoll, Garner <gstoll@fayetteville-ar.gov>; Howland, Devin <dhowland@favetteville-ar.gov>; City_Attorney
<city attorney@fayetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov>
Cc: accounting@sweetserconstruction.com; Steve Clark <sclark@fayetteviIlea r.com>
Subject: FW: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR
CAUTION. This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Members of the City Council, Mr. Mayor, Mr. City Attorney, Director of Economic Vitality, and Director of Development
Services,
The Chamber would ask that you read the attached letter from William G. Sweetser. This letter was received just over
an hour ago. Mr. Sweetser clearly has a concern about whether the closing of the West Garrett Avenue railroad crossing
would impact his business, Arkansas Self Storage, located adjacent to Gregg Street. Mr. Sweetser mentions no one
from the city nor anyone else has contacted him about the city's recommendation. He states he learned of this
proposed action from one of his neighbors. His exact words are, "So, the Powers to Be in the City (not sure who)
decided to stomp on existing businesses to provide other developers enhanced projects".
The Chamber would request that before the City Council acts to change the means of ingress and egress to a lawful
operating business in Fayetteville that at a minimum those businesses affected get actual notice of the proposed change
and have the opportunity to be heard before a decision is made.
The Chamber joins Mr. Sweeten in his excitement about the new investment projects in Fayetteville currently being
developed and proposed adjacent to Gregg Avenue. The two railroad crossings proposed by the Mayor at Futrall Drive
and Shiloh are having an immediate impact on investment in Fayetteville. It is equally clear that when each crossing
becomes active they will continue to serve as a catalyst for others to invest in our city.
The Chamber asks that the City Council take no action on the West Garrett Avenue railroad crossing until all impacted
businesses owners are given personal and written notice of the change and the opportunity to be heard. The Chamber
further asks that the City Council approve the railroad crossing proposed at Futrall Drive and Shiloh.
The City Council taking these actions together we submit makes the statement to all investors watching that Fayetteville
is open for business and Fayetteville believes in and supports our existing businesses. We assert that is a good
reputation for our City to have.
Respectfully submitted,
Steve Clark, IOM
President & CEO
Fayetteville Chamber of Commerce
21 W. Mountain Ste. 300 / P.O. Box 4216
Fayetteville, AR 72702-4216
o: 479.521.1710 / f: 479.521.1791
www.fayettevillear.com
Fayetteville
• d.••••••�� ®0®
Note: Please consider the environment before printing this email. Disclaimer., This email is conf.;dentiol and may be privileged. If you have received it
by mistake, please notify the sender by return email and delete it from your system. }ou should not copy, disclose or use it for any purpose. The sender
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CityClerk
From:
Sent:
To:
Subject:
Attachments:
Hello,
accounting@sweetserconstruction.com
Tuesday, August 18, 2020 1:07 PM
Steve Clark
W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR
Railroad Closure Satellite View.pdf
thaw IWrQ, LU
Flywilbe, ARM
My name is William G. Sweetser. I am the developer & Co-owner of Arkansas Self Storage, Fayetteville, AR 23
Gregg Avenue, Fayetteville, 72703, I received a phone call last week from a neighbor property owner that the City of
Fayetteville has made a deal with other developers (North of our location) to provide each of those projects with a SE(
access to their property for new development. Both developers have very nice improved railroad crossings now to ac(
property. The hidden agenda for me is the city also agreed to dispose of 2 existing railroad crossings. One of those cra
closures would have a massive financial impact on my business at Arkansas Self Storage. I am pro development for Fa,
I am very happy for the other developers for investing in Fayetteville. We invested in our property 20 years aE
not writing this to represent other property owner's, but I cannot fathom the financial impact to Ridout Lumber. I am
how much sales tax they produce for Fayetteville, but I would bet it is huge. I have never been notified in any way abc
and no other business owners have been notified either. City of Fayetteville Planning has a protocol to notify all prop(
owners where anything is happening in their area. So, the Powers to Be in the City (not sure who) decided to stomp o
business to provide other developers enhanced projects.
Please do not close W. Garrett Drive railroad crossing. We have always taken pride in our investment and hav
maintained City of Fayetteville Right -of -Way for 20 years (mowing, trash pick-up, trimming, & tree maintenance). Plei
our business anytime 24/7. Our property makes our community better!
William G. Sweetser
Owner)
Arkansas Self Storage — Fayetteville
2325 North Gregg Ave.
Fayetteville, AR
1
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MEEK'S LUMBER T
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i
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor and City Council
THRU: Susan Norton Chief of Staff
Garner Stoll Development Services Director
FROM: Chris Brown, City Engineer
DATE: September 1, 2020
STAFF MEMO
SUBJECT: Futrall Drive Railroad Crossing -Alternatives to Closure of Garrett Dr.
Crossing
The proposed agreement with the Arkansas and Missouri Railroad for a new railroad crossing at
Futrall Drive includes a stipulation that the crossing at Garrett Drive, just north of Ridout
Lumber, be closed to vehicular traffic.
Ridout Lumber and other businesses impacted by the closing have expressed concern about
the loss of this crossing. Alternatives to simply closing this location were presented to the
Transportation Committee, as follows:
Installing safety improvements (lights and gates) at this crossing. Installation costs
would be expected to be in the range of $500,000 to $600,000. Ongoing maintenance
and insurance costs would be expected as well.
2. Construction of a connector street along the railroad, to connect the Township St.
crossing and the Poplar Street Crossing. This cost is estimated to be in the range of
$650,000 to $950,000 depending on the alignment, but would have less operating cost
than option 1. 3 alignment alternatives are attached for this option.
3. Closure of the Douglas Street/Frisco Avenue crossing in lieu of the Garrett Drive
crossing. This closure would provide a safety benefit for the Razorback Greenway by
also eliminating the trail crossing. Bicycle and pedestrian crossings 650 feet to the north
and 1350 to the south are available, but the loss of the vehicular connection would likely
result in more traffic on Wilson Avenue and Maple Street as traffic enters and exits the
University of Arkansas campus.
The Transportation Committee voted 3-0 to recommend pursuing the closure of the Frisco
Avenue crossing, pending input from the Active Transportation Advisory Committee. The ATAC
met on Monday, August 31 to discuss this closure vs. the other options considered, and
unanimously approved the following recommendations:
1. That the Douglas/Frisco crossing remain open to all traffic.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
2. That improvements to the Douglas/Frisco crossing be considered as a concession to the
railroad in lieu of closing the Garrett Avenue crossing.
In summary, the agreement that is currently up for consideration includes simply closing the
Garrett Avenue crossing in exchange for the new crossing at Futrall Drive. The Council may
approve the agreement as is, with no revisions to the contract. If the Council wishes to pursue a
revision to the contract, staff and the Active Transportation Advisory Committee recommends
offering improvements to the Douglas/Frisco crossing as a concession for new Futrall crossing.
Attachments:
Connector Road -Township to Poplar (3 alternatives)
Frisco Avenue Railroad Crossing Overview
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Public Comments. Public comr it a Citv Council meeting shall be allowed for embers of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
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respect to each other at all times. All shall refrain from rude or derogatory remarks; reflections as to integrity, abusive
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be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
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Agenda Item 1 2020-0414 Railroad crossings
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Position Comment Only
Comments It is my understanding that both the City Council and Railroad company are hesitant
to close the railroad crossing at Garrett. It is also my understanding that the City
Council is exploring the closing of Frisco/Douglas instead. As a member of the
Active Transportation Committee, I want to emphasize that we agreed unanimously
last night on not only keeping Frisco/Douglas open; but creating improvements there
as well. It is a well used pedestrian, cycling; and motorist crossroads, and to close it
would be detrimental to Loth neighborhoods and areas on either side of the tracks.
We want to ease east west flow city wide; especially near downtown; rather than
decrease flow. Garrett could also use some improvements in the future, but is
currently mainly used for a couple of businesses near there and little other traffic. As
Fayetteville continues to grow, we want to allow as much foot and bike traffic as
possible to mitigate increased motor congestion. Also, rerouting motorists would
only increase congestion in other places.
Attachments ;" r?411,'ed
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
BIRCH AVENUE
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ROADWAY - $80,000
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$870,001
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6534
File Number: 2022-0086
AMEND ORDINANCE NO. 6393:
AN ORDINANCE TO AMEND ORDINANCE NO. 6393 BY REMOVING SECTION 3,
WHICH REQUIRES DEVELOPMENT APPROVAL AND THE POSTING OF A BOND
BEFORE THE MAYOR CAN SIGN THE AGREEMENTS FOR THE NEW RAILROAD
CROSSING AT FUTRALL DRIVE AND GREGG AVENUE
WHEREAS, on December 15, 2020, the City Council approved Ordinance No. 6393 authorizing
and agreement with Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and
Gregg Avenue; and
WHEREAS, Section 3 of this ordinance provides: "Execution of these agreements shall be authorized
upon development approval of a preliminary plan or large scale development for the first phase of
development with a minimum of 100,000 square feet of commercial employment space, with posting of
a bond to secure the construction of a connecting roadway to railroad crossing"; and
WHEREAS, Washington Regional Medical System has purchased 15.22 acres adjacent to this
proposed new crossing with the option to purchase an additional 25 acres in that area but it will be
several months before plans will be ready to submit for development review; and
WHEREAS, Washington Regional has requested that the City Council remove the requirements of
Section 3 of this ordinance to allow the City to move forward with the permitting and construction of
the new railroad crossing prior to the development approval of the hospital expansion and without the
posting of any bond.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 2116122
Ordinance: 6534
File Number: 2022-0086
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No.
6393 by removing Section 3.
PASSED and APPROVED on 2/15/2022
Attest:
RK
rn
Kara Paxton, City Clerk Treasure
�I� • �`1' �fy • ti
;)vj i�N6 ` QPo� ►
Page 2 Printed on 2116122
ARAM, Washington Regional
January 25, 2022
Dear Mayor Jordan,
Washington Regional Medical System is preparing to meet the growing health care needs of Northwest
Arkansas. On September 17, 2021, Washington Regional closed on the purchase of 15.22 acres of
unimproved real property that lies immediately to the west of the Gregg Street and Futrall Road
intersection. This property lies directly across Gregg Avenue from the western boundary of the current
Washington Regional Medical Center campus. In addition, Washington Regional also acquired the
option to purchase two additional parcels within the Drake Farms development consisting of
approximately 25 acres of land. The property will allow for future expansion of hospital and related
medical services. Plans for the property are currently being developed by our architectural firm, HKS,
Inc. of Dallas, Texas, and will include facilities for expanded inpatient hospital services, outpatient
surgical services, to include overnight stay capabilities, ambulatory care services, and a center for
wellness focused on whole person care.
Our medical center campus at North Hills opened in 2002 with 345,000 square feet of space. In less
than 20 years, it has grown to over 724,000 square feet and are unable to expand any further on our
main campus. Purchasing this property adjacent to our campus will allow Washington Regional to plan
for the next 20 years of growth by optimizing our medical center campus for higher acuity services and
offering outpatient and lower acuity services at our expanded campus at the Drake Farms property.
As we have discussed with the City Planning staff, our architects have indicated that the final plans and
specifications will provide for improvements that meet the square footage requirements discussed in
ordinance 6393. Of concern, Section 3 of Ordinance 6393 requires "approval of a preliminary plan or
large scale development for the first phase of development with a minimum of 100,000 square feet of
commercial employment space, with posting of a bond to secure the construction of a connecting
roadway to railroad crossing." Washington Regional is diligently working to finalize initial design plans
for its portion of the property, but it is simply not feasible or in the best interests of our community to
require delay in the commencement of the railroad improvements until a large scale development plan
is finalized and approved. We have been advised that the railroad will not start work until this
requirement is met. The current pandemic environment where rising material costs, labor shortages
and inflationary concerns already impose significant costs and delays on projects, coupled with our
need to develop additional healthcare resources, makes the necessity for timely commencing these two
projects on a parallel course of critical importance.
We respectfully ask that that the City consider amending the ordinance so the City of Fayetteville, the
railroad and Washington Regional can begin construction of the connecting roadway and railroad
crossing.
Sincerely,
Birch G. Wright, MPA
Chief Operating Officer and Administrator
Washington Regional Medical System
3215 N. Northhills Blvd. I Fayetteville, AR 72703 1 479.463.1000 1 wregional.com
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0086
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.10
AMEND ORDINANCE NO. 6393:
AN ORDINANCE TO AMEND ORDINANCE NO. 6393 BY REMOVING SECTION 3, WHICH
REQUIRES DEVELOPMENT APPROVAL AND THE POSTING OF A BOND BEFORE THE MAYOR
CAN SIGN THE AGREEMENTS FOR THE NEW RAILROAD CROSSING AT FUTRALL DRIVE
AND GREGG AVENUE
WHEREAS, on December 15, 2020, the City Council approved Ordinance No. 6393 authorizing and
agreement with Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue;
and
WHEREAS, Section 3 of this ordinance provides: "Execution of these agreements shall be authorized upon
development approval of a preliminary plan or large scale development for the first phase of development with
a minimum of 100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing"; and
WHEREAS, Washington Regional Medical System has purchased 15.22 acres adjacent to this proposed new
crossing with the option to purchase an additional 25 acres in that area but it will be several months before
plans will be ready to submit for development review; and
WHEREAS, Washington Regional has requested that the City Council remove the requirements of Section 3
of this ordinance to allow the City to move forward with the permitting and construction of the new railroad
crossing prior to the development approval of the hospital expansion and without the posting of any bond.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No. 6393 by
removing Section 3.
City of Fayetteville, Arkansas Page 1 Printed on 211612022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-0086
Legistar File ID
2/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/27/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Amending Ordinance 6393, authorizing an agreement with Arkansas and Missouri Railroad for a new railroad
crossing at Futrall Drive and Gregg Avenue.
Budget Impact:
4602.860.7220-5809.00 2019 Transportation Bond
Account Number Fund
46020.7220 Futrall/Gregg and Shiloh/Gregg RR Xings
Project Number Project Title
Budgeted Item? Yes Current Budget $ 1,154,578.00
Funds Obligated $ 2,806.00
Current Balance I 1,151,772.00
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget $ 1,151,772.00
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20210527
Previous Ordinance or Resolution # 6393
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 15, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
CITY COUNCIL MEMO
DATE: January 27, 2022
SUBJECT: Amendment to Ordinance 6393 authorizing an agreement with Arkansas
and Missouri Railroad for a new railroad crossing at Futrall Drive and
Gregg Avenue
RECOMMENDATION:
Staff recommends amending Ordinance 6393, authorizing an agreement with Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue.
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. This project was identified as a
priority project in the 2019 bond program, as opportunities to partner with developers of the
property arose. The connection will provide a more direct access from the property to the
Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the
railroad and Gregg Avenue.
Agreements with the Arkansas and Missouri Railroad for the construction of the railroad
crossing equipment were approved by the City Council on 12/15/2020 by Ordinance 6393..
DISCUSSION:
Section 3 of Ordinance 6393 states the following:
Section 3: Execution of these agreements shall be authorized upon development approval of
a preliminary plan or large scale development for the first phase of development with a minimum
of 100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
Washington Regional Medical System has purchased 15.22 acres adjacent to this crossing and
has the option to purchase an additional 25 acres in that area. Washington Regional is
currently developing the plans for expansion of their medical facilities onto this property, that will
meet the stipulations noted in the ordinance, but it will be several months before their plans will
be ready to submit for development review. Washington Regional has requested that the City
Council remove the requirement of Section 3 of this ordinance to allow the City to move forward
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
with the permitting and construction of the new railroad crossing prior to the development
approval of the hospital expansion.
BUDGET/STAFF IMPACT:
None. The remaining terms of the ordinance and agreement are unchanged.
Attachments:
Washington Regional Letter
Ordinance 6393
m�,- Washington Regional
January25, 2022
Dear Mayor Jordan,
Washington Regional Medical System is preparing to meet the growing health care needs of Northwest
Arkansas. On September 17, 2021, Washington Regional closed on the purchase of 15.22 acres of
unimproved real property that lies immediately to the west of the Gregg Street and Futrall Road
intersection. This property lies directly across Gregg Avenue from the western boundary of the current
Washington Regional Medical Center campus. In addition, Washington Regional also acquired the
option to purchase two additional parcels within the Drake Farms development consisting of
approximately 25 acres of land. The property will allow for future expansion of hospital and related
medical services. Plans for the property are currently being developed by our architectural firm, HKS,
Inc. of Dallas, Texas, and will include facilities for expanded inpatient hospital services, outpatient
surgical services, to include overnight stay capabilities, ambulatory care services, and a center for
wellness focused on whole person care.
Our medical center campus at North Hills opened in 2002 with 345,000 square feet of space. In less
than 20 years, it has grown to over 724,000 square feet and are unable to expand any further on our
main campus. Purchasing this property adjacent to our campus will allow Washington Regional to plan
for the next 20 years of growth by optimizing our medical center campus for higher acuity services and
offering outpatient and lower acuity services at our expanded campus at the Drake Farms property.
As we have discussed with the City Planning staff, our architects have indicated that the final plans and
specifications will provide for improvements that meet the square footage requirements discussed in
ordinance 6393. Of concern, Section 3 of Ordinance 6393 requires "approval of a preliminary plan or
large scale development for the first phase of development with a minimum of 100,000 square feet of
commercial employment space, with posting of a bond to secure the construction of a connecting
roadway to railroad crossing." Washington Regional is diligently working to finalize initial design plans
for its portion of the property, but it is simply not feasible or in the best interests of our community to
require delay in the commencement of the railroad improvements until a large scale development plan
is finalized and approved. We have been advised that the railroad will not start work until this
requirement is met. The current pandemic environment where rising material costs, labor shortages
and inflationary concerns already impose significant costs and delays on projects, coupled with our
need to develop additional healthcare resources, makes the necessity for timely commencing these two
projects on a parallel course of critical importance.
We respectfully ask that that the City consider amending the ordinance so the City of Fayetteville, the
railroad and Washington Regional can begin construction of the connecting roadway and railroad
crossing.
Sincerely,
Birch G. Wright, MPA
Chief Operating Officer and Administrator
Washington Regional Medical System
3215 N. Northhills Blvd. I Fayetteville, AR 72703 1479.463.1000 1 vregional.com
n4 f�rerrs
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6393
File Number: 2020-0414
ARKANSAS AND MISSOURI RAILROAD FUTRALL DRIVE AND GREGG AVENUE -
2019 TRANSPORTATION BOND PROJECT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT
AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW
RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $30,820.86, AND TO APPROVE A
BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $550,000.00
WHEREAS, the extension of Futrall Drive has long be a part of the Master Street Plan to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad tracks, east
of Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one
for the construction and maintenance of a new railroad crossing and the second an easement
agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement,
the City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing
signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be
$519,179.14; the City agrees to close the existing unimproved crossing at Jocelyn Lane and Gregg
Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2.5% per annum or by
the yearly increase in the Consumer Price Index (whichever is greater), for basic maintenance and
wear and tear; and the City and AMRR agree to equally share the cost of repairs or major
maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR
Page 1 Printed on 12117/20
Ordinance: 6393
File Number: 2020-0414
property for the crossing including a requirement that the City maintain an insurance policy in the
amount of $15 million; and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land over
which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which
has the sole power to authorize and construct new crossings; and
WHEREAS, AMRR has requested an amendment to the Railroad Crossing Cost and Maintenance
Agreement for the new crossing at Shiloh Drive and Gregg Avenue, which was authorized by
Ordinance 6348 on August 18, 2020, to change the maintenance fee adjustment from 2% per year to
2.5% per year or the annual increase in the Consumer Price Index, whichever is greater.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives
the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad
Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri
Railroad for a new railroad crossing, and further approves a project contingency in the amount of
$30,820.86 for a total estimated project cost of $550,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a
preliminary plan or large scale development for the first phase of development with a minimum of
100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an amendment to the Railroad Crossing Cost and Maintenance Agreement for the new crossing
at Shiloh Drive and Gregg Avenue, which was authorized by Ordinance 6348 on August 18, 2020, to
change the maintenance fee adjustment from 2% per year to 2.5% per year or the annual increase in
the Consumer Price Index, whichever is greater.
PASSED and APPROVED on 12/15/2020
Page 2 Printed on 12117120
Ordinance: 6393
File Number.' 2020-0414
Page 3
Attest: If
Kara Paxton, City Clerk Treasurer
ING h)N� .00►%�"*
Printed an 12/17/20
RAILROAD CROSSING EASEMENT AGREEMENT
� This Agreement, made and entered into this & day of
20K by and between the City of Fayetteville, Arkansas (hereinafter "Ci ) and
The Arkansas and Missouri Railroad Company, (hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning the construction of an extension of
Futrall Drive within the City limits that would cross AMRR's tracks. The City proposes,
for the benefit of the public, to install a new crossing at said location, pursuant to particular
plans and specifications to be agreed upon by the parties; and
WHEREAS, the Easement is defined on Exhibit 1 and incorporated herein by
reference; and
WHEREAS, it is understood that the contemplated crossing will be financed from
funds appropriated by City and expended under its regulations as established under the
terms of a Crossing Agreement executed separately by the parties.
NOW, THEREFORE, in consideration of the covenants and agreements contained
and subject to the provisions of the recitals above, it is agreed by and between the parties
hereto as follows:
1. The City and AMRR have caused to be prepared plans and specifications
for the project. Attached as Exhibit 1 is the proposed plan. The parties acknowledge
that this schematic drawing contains certain requirements and restrictions with regard to
the construction in, near and around the Railroad and the City agrees to be bound by all of
these requirements and restrictions contained in the plans, specifications, coordination
notes and the separate Crossing Cost Agreement.
2. AMRR has provided an estimate for the cost of the crossing. The parties
understand that the estimate is $519,179.14 and the parties acknowledge that the
ultimate cost of the crossing could be under or over this estimate.
3. The cost (labor and material) for installing the new crossing will be born by
the City pursuant to the Crossing Cost Agreement.
Page 1 of 5
4. After completion of the project, the Parties shall bear the expense of the
maintenance, inspection, capital costs and operation of the crossing per the terms of the
separate Crossing Agreement or any amendment thereto, so long as it is to be
maintained as a crossing over the railroad or until it is mutually agreed between the
parties that the project is no longer needed at the crossing or until the crossing is
abandoned by AMRR or City, or other legal requirements making it necessary to cease
operations and maintenance of the project. At that time, materials purchased and
installed for the project may be moved to other locations on AMRR's lines within the
States of Arkansas or Missouri or otherwise disposed of or sold by AMRR.
5. Limitation on Grant. This Easement does not grant to City the subsurface
of any easement area, all such rights and privileges being reserved to AMRR.
6. Indemnification. The CITY OF FAYETTEVILLE shall cause any contractor
employed by it or engaged by it to construct the improvements contemplated by this
agreement to assume any and all liability for injury to or death of persons, all loss or
damage to property, in any manner arising from or during the construction of the
improvements contemplated by this agreement, however, such injury, death, loss,
damage or destruction as aforesaid may occur or be caused. The CITY OF
FAYETTEVILLE shall further cause any contractor engaged by it to construct the
improvements contemplated by this agreement to indemnify and save and hold harmless
the ARKANSAS & MISSOURI RAILROAD COMPANY from any and all claims, demands,
suits, actions, damages, recoveries, judgments, costs and expenses arising or growing
out of or in connection with such injury, death, loss, damage or destruction as aforesaid,
which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY
incurs defending itself, including attorney fees and expenses.
7. Insurance. In further consideration for the grant of this Easement, City shall
acquire a policy of liability insurance which shall insure AMRR in the amount of fifteen
million dollars ($15,000,000) from liability for injury or death to persons or damage to
property arising from any persons using the crossing described on Exhibit 1, whether
injuries are caused by the operation of the trains by AMRR or otherwise. At the option of
AMRR such policy shall either name AMRR as a named insured or an additional insured
of such policy. Said policy will be kept in full force and effect during the existence of this
Easement and shall continue to insure AMRR for incidents arising during the existence of
this Easement and until the crossing is terminated or abandoned per the terms of
paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to
approval of AMRR and shall provide for notice to AMRR not less than 30 days of
cancellation of such policy.
8. If any portion of this Easement or any provision in this Easement shall be
found to be invalid or unenforceable, the remaining provisions shall continue to be fully
effective and enforceable, and both parties consent to the modifications of this Easement
in any manner as a court may deem necessary to preserve the grant of easement
contained herein.
Page 2 of 5
9. Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to its subject matter and may not be modified or
amended orally.
10. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Arkansas.
11. Binding Effect. The provisions of this Agreement shall be binding upon and
inure to the benefit of each of the parties and their respective heirs, successors and
assigns.
12. Both parties acknowledge that the signatories below have the appropriate
authority to sign on behalf of the party they represent.
IN WITrJE§S WHEREOF. the parties have hereunto set their hands and seals this La -
day of , 2Q2ff o't;L-
Page 3 of 5
CITY OFA A
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ACKNOWLEDGMENT
STATE OF ARKANSAS
LLE, AFKANSAS
COUNTY OF WASHINGTON )
On this day of j e4r
20 before me, the undersigned, a
Notary Public, duly commissioned, qualified, and a i g, within and for said County and State,
appeared in person, Lioneld Jordan and Kara Paxton, to me personally well-known who
stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS,
and are duly authorized in their capacity to execute the foregoing instrument and for and in the
name and behalf of the City of Fayetteville, Arkansas, and further stated and acknowledged that
they had so signed, executed, and delivered said foregoing instrument for the consideration,
uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
Mum
Notary Public
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Page 4 of 5
ARKANSAS & MISSOU]RI RAILROAD
f
Approved by;
Signature
Caren L. Kraska
Print Name
President
Title
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF QAAS+%%h 1k;m V% §§
r '}-k
On this l5 day of m 2020, before me, the undersigned, a
Notary Public, duly commissioned, qualified, and acting, within and for said County and State,
appeared in person, CAREN L. KRASKA, to me personally well-known who stated that she is
the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in
her capacity to execute the foregoing instrument and for and in the name and behalf of
Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had
so signed, executed, and delivered said foregoing instrument for the consideration, uses, and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated
above.
My Commission Expires:
oaf'
Notary Public
Page 5 of 5
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NEW RAILROAD CROSSING COST
AND MAINTENANCE AGREEMENT
This Agreement. made and entered into this day of . 2020. by and between the City
of Fayetteville, Arkansas (hereinafter "City") and The Arkansa & Missouri Railroad
Company.(hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning a new crossing at Futrall Drive within the City
limits at railroad milepost 349.45. The City proposes, for the benefit of the public, to add this
crossing, pursuant to the Site Layout attached as Exhibit 1. and remove in its entirety, existing crossing
at Garrett Drive; and
WHEREAS, it is understood that the contemplated crossing will be financed solely from funds
appropriated by City and expended under its regulations.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
agreement, subject to the provisions of the recitals above, it is agreed by and between the parties hereto as
follows:
1. AMRR has provided an estimate for the cost of the crossing upgrade which is attached as
Exhibit 2. This estimate does not include any track or railroad work required during utility installation -
which is not subject to estimation at this time. The parties understand that the estimate is $519,179.14 and
the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both
parties further acknowledge that any materials or crossing equipment supplied by the City shall be
considered a part of the consideration of this agreement. Upon final completion of the project, all said
materials and crossing equipment shall become the property of AMRR.
2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for
installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered
by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging
Services Agreement for railroad track protection, including, but not limited to, railroad flagging which is
charged at the rate of S95 per hour. A Flagging Services Agreement will be executed
simultaneously with the execution of this Agreement.
3. Insurance. During upgrade construction, City shall ensure that any contractors they
employ to perform work on the project in question will maintain a general liability insurance policy, the
limits of which will be not less than Three Million Dollars ($3.000,000) per person, Five Million
Dollars ($5,000,000) per accident and Three Million Dollars ($3.000,000) for property damage. The
policy shall name AMRR, its successor or assigns and City as insureds. Such policy shall contain a
clause that the insurer will not cancel or change the insurance without giving AMRR, City, or their
successors or assigns ten (10) days prior written notice, and a certificate of such insurance shall be
delivered to AMRR prior to the inception of the construction of the crossing.
4. Maintenance and Repairs. The parties acknowledge that the crossing and equipment will
require maintenance and repairs due to normal wear and tear and possibly damage from accidents,
negligence or acts of nature. The City will not be liable for any damages caused solely by the negligence
of AMRR. If damages are caused to the crossing and/or equipment by the acts of 3rd parties, AMRR and
the City will coordinate to pursue any cause of action against said 3`d parties to recover the costs of repairs
and any amount recovered will be applied accordingly. City will pay an annual crossing maintenance fee
of $7,500 effective upon execution of this Agreement and on each anniversary date thereafter for so long
as the crossing remains open. On each anniversary date, the annual maintenance fee will increase by 2%.
The annual maintenance fee will cover regulatory testing, basic maintenance and general wear and tear.
Otherwise, City and AMRR will each be responsible for 50% of any capital expenditures for the
equipment and the crossing surface. Except for emergency repairs, .AMRR will give the City one hundred
eighty (180) day written notice of any needed repairs or maintenance and the amount thereof. The
crossing shall be maintained as specified above until such time as the parties mutually agree otherwise or
upon a date certain that the crossing should be closed.
5. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to its subject matter and may not be modified or amended orally.
6. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Arkansas.
7. Bindr�n. g Effect. The provisions of this Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective heirs, successors and assigns.
8. Both parties acknowledge that the signatories below have the appropriate authority to sign
on behalf of the party they represent.
Z2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this �ay of n"J
2029.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Signature ;v
1 r FAYETTEVILLE :
C, n_n f
T
Print Name•
A
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)H
COUNTY OF )
2y
On this day ofJt&W&j,,.'-0?W before me, the undersigned, allotary Public, duly
commissioned, qualified, and acting. within0and for said County and State, appeared in person,
_Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are
the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly
authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of
the City of Fayetteville, Arkansas, and further stated and acknowledged that they had so
signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
My Commission Expires:
S + 1
0 Notary Public 0
3
ARKANSAS & MISSOURI RAILROAD COMPANY
Approved by:
Signature
CAREN L. KRASKA
Print Name
President
Title
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)H
COUNTY OF 0 A3''J79- )
th
On this 15 day of f'l e± j , 2020, before me, the undersigned, a Notary Public,
duly commissioned, qualified, and acting, within and for said County and State, appeared in person,
CAREN L. KRASKA, to me personally well-known who stated that she is the President of
ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to
execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad
Company, and further stated and acknowledged that she had so signed, executed, and delivered said
foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
Notary Public
My Commission Expires:
ANDR �/1'
• 10 �0/19
NOTARY PUBLIC
Comm. N 12365395
My Lamm Expires
Mir 17.2028
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RAILROAD
Arkansaas 8, Missouri Railroad
306 E. Emma Ave
Springdale, AR 72764
To: City of Fayetteville
Atnn: Chris Brown
Job: Futrall Dr Fayetteville AR.
Item #
Qty
Description
Material
1
50
1 151b Concrete Panel Material
2
40
10' Crosstie
3
160
1 15# Relay Rail
4
80
5.5" Base Pandrol Tie Plate
5
160
Pandrol Clips
6
3
Railroad Spikes
7
160
5.5" Anchors
8
4
115 New / 1 /4 worn Trans Rails
9
8
115# Thermite Welds
10
100
Ballast Truck Load
Labor
1 1 CWS - CTC Quote (Material & Labor)
2 1 Contractor Labor (Track Contractor)
3 1 Project Management/Admistrative
4 100 MOW EIC of Track Protection
5 20 Surfacing Crew
6 16 1-10-Ton Truck
7 16 1- Dump Truck w/Driver
Prepared by: _lernmy Houchin
Date: September 18, 2019
Unit
Unit Price
Line Total
Ft
$200.81
$10,040.50
Each
$90.50
$3,620.00
Linear Foot
$1,100.00
$176,000.00
Each
$24.00
$1,920.00
Each
$2.95
$472.00
Keg
$75.00
$225.00
Each
$2.95
$472.00
Each
$970.00
$3,880.00
Each
$198.10
$1,584.80
Truckload
$17.00
$1,700.00
$199,914.30
Freight
$1,250.00
10% O/H
$19,991.43
Tax @ 9.75%
$19,491.64
Subtotal (material)
$240,647.37
Lump Sum
$239,731.77
$239,731.77
Lump Sum
$15,500.00
$15,500.00
Lump Sum
$5,000.00
$5,000.00
Hour
$95.00
$9,500.00
Hour
$200.00
$4,000.00
Hour
$150.00
$2,400.00
Hour
$150.00
$2,400.00
EXHIBIT
Subtotal
$278,531.77
$519,179.14
Mathis, Jeana
From: Brown, Chris
Sent: Thursday, November 4, 2021 4:23 PM
To: Mathis, Jeana
Subject: RE: Legistar 2020-0414
The stipulations in the ordinance have still not been met, so the agreement can't be fully executed.
From: Mathis, Jeana <jmathis@fayetteville-ar.gov>
Sent: Thursday, November 4, 2021 11:58 AM
To: Brown, Chris <cbrown@fayetteville-ar.gov>
Subject: Legistar 2020-0414
Hey Chris
I'm going through our holding file and was wondering if you had the attached document signed that goes with Legistar
2020-0414 so I can take it out of our holding file.
Thanks,
Jeana Mathis
Customer & Information Records Specialist
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
i math i s (d fa yettev i t le -a r. cloy
479.575.8323
Website I Facebook I Twitter I Instaeram I YouTube
Aft CITY OF
FAYETTEVILLE
ARKANSAS
RFC IVE®
Demo= a tut
P.C. BOX 1607, FAYETTEVILLE, AR, 72702. 479.442-UOG - 1':7x: 479-05-1118 - WWW14WADG.COM
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6534
Was inserted in the Regular Edition on:
February 20, 2022
Publication Charges: $144.40
&Wk
Brittany Smith
Subscribed and sworn to before me
This 2t day of QL , 2022.
IN�iJ
Notary Public _ I_ ��
My Commission Expires: Z
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC-ARKANSAS
My Commission Expires 02-20-2024
Commission No.12397118
FEB 2022
CCIT CLERK'S OFFICE
Ordinance: 6534
File Number: 2022-0086
AMEND ORDINANCE NO. 6393:
AN ORDINANCE TO AMEND
ORDINANCE NO. 6393 BY
REMOVING SECTION 3. WHICH
REQUIRES DEVELOPMENT
APPROVAL AND THE POSTING OF
A BOND BEFORE THE MAYOR CAN
SIGN THE AGREEMENTS FOR THE
NEW RAILROAD CROSSING AT
FUTRALL DRIVE AND GREGG
AVENUE
WHEREAS, on December 15, 2020, the
City Council approved Ordinance No.
6393 authorizing and agreement with
Arkansas and Missouri Railroad for a
new railroad crossing at Futrall Drive
and Gregg Avenue; and
WHEREAS, Section 3 of this ordinance
provides: "Execution of these
agreements shall be authorized upon
development approval of a preliminary
plan or large scale development for the
First phase of development with a
minimum of 100,000 square feet of
commercial employment space, with
posting of a bond to secure the
construction of a connecting roadway to
railroad crossing"; and
WHEREAS, Washington Regional
Medical System has purchased 15.22
acres adjacent to this proposed new
crossing with the option to purchase an
additional 25 acres in that area but it will
be several months before plans will be
ready to submit for development review;
and
WHEREAS, Washington Regional has
requested that the City Council remove
the requirements of Section 3 of this
ordinance to allow the City to move
forward with the permitting and
construction of the new railroad crossing
prior to the development approval of the
hospital expansion and without the
posting of any bond.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
amends Ordinance No. 6393 by
removing Section 3.
PASSED and APPROVED on
2/15/2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by The City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: S 144.40.75521183 Feb. 20, 2022
Futrall/Gregg RR Crossing Project
City of Fayetteville Staff Review Form
2024-0216
Item ID
NA
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Matt Casey 4/2/2024 ENGINEERING (621)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends approval of the Traffic Control Device Permit and Agreement for the improvements proposed for
the Futrall/Gregg RR Crossing Project.
Budget Impact:
2022 Transportation Bond Funds
Account Number Fund
46020.7220 Futrall/Gregg and Shiloh/Gregg RR Crossings
Project Number Project Title
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution# 6393
Change Order Number: Approval Date: 04/18/2024
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Chris Brown, P.E., Public Works Director
FROM: Matt Casey, P.E., Engineering Design Manager
DATE: April 2, 2024
SUBJECT: TCD Permit for the Futall/Gregg RR Crossing Project
RECOMMENDATION:
Staff recommends approval of the Traffic Control Device Permit and Agreement for the
improvements proposed for the Futrall/Gregg RR Crossing Project.
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. The connection will provide a more
direct access from the property to the Fulbright Expressway and will include pedestrian facilities
to allow for safe crossings at the railroad and Gregg Avenue.
On December 15, 2020, the City Council approved an agreement with the Arkansas Missouri
Railroad for the construction of a new railroad crossing at North Futrall Drive and North Gregg
Ave.
DISCUSSION:
City Staff completed the design for this project and submitted the design to ArDOT for
permitting since part of the project is within ArDOT right of way. Whenever a signal is modified
or added on a state highway, then ArDOT requires a Traffic Control Device permit and
agreement to be signed by the city for the work. The proposed work has been approved and
is contingent upon the TCD being signed and returned to ArDOT.
BUDGET/STAFF IMPACT:
The design and construction of this project is funded by the 2019 Transportation Bond Fund.
This request does not have a budget impact.
Attachments:
ArDOT TCD Permit
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ARKANSAS DEPARTMENT OF TRANSPORTATION
TRAFFIC CONTROL DEITIICM
PERMIT AND AGREEMENT
PERMIT NO: 1795 Date Issued: 4/1/2024
Expiration Date: 4/1/2025
To: Fayetteville DISTRICT NUMBER: 4
(Maintenance Authority Name) COUNTY NAME: WASHINGTON
Highway Number(s): Hwy. section number(s):
Corrridor Name: N. Gregg Avenue
The authority listed above is hereby authorized to install or modify a traffic control
device at the location(s) specified below:
Replace the existing traffic signal at the intersection of N. Gregg Avenue and
Futrall Drive.
in accordance with the following:
Modification to existing intersection?: ❑
I. Type of Equipment:
Control Device: Detection: ❑ Loop
❑ Remote
Intersection Control Signal © Video
II. Operation
Closed Loop Coordinated © Prempt-RR
III Design ❑ Prempt-EV
Design By: City/County Time settings by: City/County
Other comments or stipulations:
All work shall be complaint with the current MUTCD.
WHEREAS, authority for the control, location, and selection of traffic control devices on State Highways has been
delegated to the State Highway Commission by Section 109(d), Title 23, U.S. Code, and Ark. Code Ann. §27-52-104, 105,
and 106.
WHEREAS, the State Highway Commission officially adopted a manual for a uniform system of traffic control
devices, and by Minute Order 2001-141 of July 11, 2001, has implemented these regulations relative to the control, location,
and selection of traffic control devices by local governments on State highways.
Form: 3-23-2012 brb Permit No.: 1795 Page 1 of 2
ZURBILATESALISDEPgRT71CIENT OF TRgNBPORTgTION
TR A FFICJ CJONTROL DEYICIE
PERMIT gATD gGiREEUVIDENT
NOW THEREFORE, in accordance with these authorizations, the following Permit & Agreement is made and
entered into between the Department and the local government, hereinafter"Applicant", to install, operate and maintain the
traffic signals at the location requested.
The Applicant may proceed with work in accordance with the approved plans and specifications when both parties
sign this Permit& Agreement. Acceptance of this Permit& Agreement signifies the Department and Applicant agree to the
following conditions:
1) The Applicant and Applicant's contractor shall safeguard the traffic on the highway and/or intersection during
construction covered hereunder by placement and maintenance of proper traffic control devices in accordance with
the Manual on Uniform Traffic Control Devices. Applicant hereby agrees to hold harmless and indemnify the State
Highway Commission, the Department, and its duly appointed agents, officers and employees, from all expenses,
claims, liability, or damages of any kind or nature whatsoever due to the construction, performance or lack of
performance of the work or that may arise during the periods the devices are being installed or in effect.
2) Applicant hereby agrees to be responsible for safeguarding all utilities in the work area(s)and to hold harmless and
indemnify the State Highway Commission, the Department and its duly appointed agents, officers and employees,
from all expenses, claims, liability, or damages of any kind or nature whatsoever due to the construction,
performance or lack of performance of the work or that may arise during the periods the devices are being installed
or in effect. Applicant shall notify Arkansas One-Call, at 1-800-482-8998, and have utility services located in this
area prior to beginning work.
3) All work performed by the Applicant and Applicant's contractor shall comply with the Americans With Disabilities
Act. The Department will not inspect the work for compliance; assurance of compliance shall be the responsibility
of the Applicant. If required,Applicant shall correct any deficiencies found by others.
4) NPDES Phase I1 Storm Water Construction Permits shall be required on all projects that have a"disturbed soil area"
of one acre or more. The Applicant may be required to obtain a Storm Water Construction Permit from the
Arkansas Department of Environmental Quality (ADEQ) at 501-682-0627 or 501-682-0621. Regardless of any
existing or future ADEQ requirements, all areas of disturbed soil, of any size, on the right of way shall be
revegetated in accordance with the Standard Specifications for Highway Construction,Edition of 2003.
5) The Applicant hereby agrees that any change from the plan as submitted and approved must be reviewed by the
Department before starting work. No changes will be made in the controller dial settings,cycle length and operation
of the signals as noted in this Permit&Agreement without approval of the Department.
6) The Applicant hereby agrees that all work will be done at no cost to the Arkansas Department of Transportation.
7) The Applicant hereby agrees that the work and all materials used will be in conformance with the Institute of
Transportation Engineers Specifications, the Manual on Uniform Traffic Control Devices (current edition), the
Standard Specifications for Highway Construction, Edition of 2014 and any specifications or design standards
supplied by the Department for this installation.
The Applicant shall contact the District Engineer listed below to schedule a preconstruction conference before beginning
work and to provide information to the District Engineer prior to placing the traffic control device into flashing or full
operation.
Dist.Eng.: .lason Hughey Dist. Phone: (-179)484-53(16
THE NDERSIGNED IS DULY AUTHORIZED TO ENTER INTO THIS PERMIT AGREEMENT AND
AGREES TO THE TERMS AND CONDITIONS THEREOF
j04/18/2024 /444144., 04-02-2024
pplica 'e Date Dept Signature Date
_ tteVllle Trinity D. Smith
Mayor Engineer of Roadway
Design
Form 3-23-2012 brb Permit No.. 1795 Page 2 of 2