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HomeMy WebLinkAbout2025-02-18 - Agendas - ArchiveCouncil Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Molly A. Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting February 18, 2025 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 18, 2025 at 5:30 p.m. in Room 111 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Rawn Called the Meeting to Order. Roll Call. Pledge of Allegiance. Mayor' s Announcements, Proclamations and Recognitions. City Council Meeting Presentations, Reports and Discussion Items 1. Nominating Committee Report - Committee Chair Proposed APPROVED A. Consent 1. Approval of the February 4, 2025 City Council Meeting Minutes APPROVED. 2. United States Postal Service (Lease Renewal): A Resolution to approve a five-year lease agreement with the United States Postal Service for space in the airport terminal building at 4500 South School Avenue for rent in the amount of $36,500.00 per year, to approve a commission agreement with Jones Lang Lasalle Americas, INC. in the amount of $7,300.00, and to approve a budget adjustment. (2025-106) PASSED AND SHALL BE RECORDED AS RESOLUTION 55-25. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 3. Greater Productions, LLC. (Cost Share Agreement): A Resolution to approve a cost share agreement with Greater Productions, LLC. in the amount of $1,056,513.00 for the installation of sanitary sewer upgrades to serve the park hotel and other downtown developments, to approve a project contingency in the amount of $100,000.00, and to approve a budget adjustment. (2025-177) PASSED AND SHALL BE RECORDED AS RESOLUTION 56-25. 4. On Call Materials Testing Services (RFQ 25-01): A Resolution to award RFQ #25- 01, Selection #1 and approve Mcclelland Consulting Engineers, INC., Olsson, INC., and GTS, INC. as primary providers of on -call materials testing services as needed through April 30, 2026. (2025-134) PASSED AND SHALL BE RECORDED AS RESOLUTION 57-25. 5. On Call Surveying Services (RFQ 25-01): A Resolution to award RFQ #25-01 Selection #2 and authorize the purchase of on -call surveying services from Mcclelland Consulting Engineers, INC., Hawkins -Weir Engineers, INC., and Olsson Associates, INC as needed through April 30, 2026. (2025-135) PASSED AND SHALL BE RECORDED AS RESOLUTION 58-25. 6. Fayetteville Public School (Cost Share Agreement): A Resolution to approve a cost share agreement with Fayetteville Public Schools in the amount of $400,000.00 for the extension of East Joyce Boulevard, and to approve a budget adjustment. (2025-169) PASSED AND SHALL BE RECORDED AS RESOLUTION 59-25. 7. 2025 Transportation Federal Aid (Grant Application): A Resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid funds for the Rupple Road Lighting, Drake Street Trail Connection, Transit Stop Enhancements, Mission Boulevard Trail, Razorback Greenway Asphalt Replacement, Garland Avenue, and North Street Corridor Projects. (2025-171) PASSED AND SHALL BE RECORDED AS RESOLUTION 60-25. B. Unfinished Business 1. Rezoning-2024-0060: (818 S. Wood Ave.Belasco, 563): An Ordinance to rezone the property described in Rezoning Petition RZN 2024-60 for approximately 0.37 acres located at 818 South Wood Avenue in Ward I from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. At the February 4, 2025 City Council Meeting this Ordinance was left on the Second Reading. (2025-88) PASSED AND SHALL BE RECORDED AS ORDINANCE 6841. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. Repeal Ordinance 6800 (Ordinance): An Ordinance to repeal Ordinance 6800 as amended. At the February 4, 2025 City Council Meeting this Ordinance was left on the First Reading. (2025-136) AT THE FEBRUARY 18, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE SECOND READING. C. New Business 1. Vacation-2024-0027: (903 W. North St./Jordan Group, LLC, 444): An Ordinance to approve VAC-24-27 for property located at 903 West North Street in Ward 2 to vacate 0.24 acres of street right-of-way. (2025-150) PASSED AND SHALL BE RECORDED AS ORDINANCE 6842. 2. Planned Zoning District-2024-0008: (19 E.19th ST./The Farm at South School, 602): An Ordinance to approve a Residential Planned Zoning District entitled PZD- 2024-008 for approximately 22.67 acres located 19 East 19th Street in Ward 1. (2025-151) PASSED AND SHALL BE RECORDED AS ORDINANCE 6843. 3. Appeal: PZD-2024-0005: (N. Rupple RD. & W. Salem RD./Foxtail Meadows, 205): An Ordinance to approve a Residential Planned Zoning District entitled PZD-2024-005 for approximately 44.0 acres located on North Rupple Road and West Salem Road in Ward 4. (2025-152) AT THE FEBRUARY 18, 2025 THIS ORDINANCE WAS LEFT ON THE FIRST READING. 4. Administrative Item (Amend Chapter 51 — Water and Sewers): An Ordinance to amend Chapter 51, Water and Sewers of the Fayetteville Code of Ordinances to provide for increases in Water and Sewer tap connection fees. (2025-102) PASSED AND SHALL BE RECORDED AS ORDINANCE 6844. 5. Administrative Item (Amend Chapters 110, 116 & 118): An Ordinance to Amend § 110.03 small cell facilities and networks; § 116.02 door to door solicitation; and § 118.02 entry upon business registry and issuance of business license to implement fee changes recommended by the City's recent user fee study. (2025-104) PASSED AND SHALL BE RECORDED AS ORDINANCE 6845. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 6. Administrative Item (Amend Chapter 159 — Fees & Chapter 178 - Mobile Vendors): An Ordinance to amend Chapter 159, fees and Chapter 178 Mobile Vendors of the Unified Development Code to implement fee changes recommended by the City's recent user fee study. (2025-105) PASSED AND SHALL BE RECORDED AS ORDINANCE 6846. 7. Request for Additional Positions in the Development Services Department (Resolution): A Resolution to authorize the addition of four full-time equivalent positions in the Engineering Division of the Public Works Department and three fiill- time equivalent positions in the Development Services Department, and to approve a budget adjustment. (2025-175) PASSED AND SHALL BE RECORDED AS RESOLUTION 61-25. 8. Suspension of the Rules for Ordinance Reading Requirement (Resolution): A Resolution to amend Rule A.7.D. Unfinished Business and New Business by adding a new (3) Suspension of the Rules places the Ordinance on its Third and Final Reading. (2025-176) PASSED AND SHALL BE RECORDED AS RESOLUTION 62-25. 9. Ensuring Health and Fire Safety for Short -Term Renters (Resolution): A Resolution to request the Arkansas legislature allow cities to ensure health and fire safety for short-term renters and compatibility for single family residential neighborhoods (2025-202) PASSED AND SHALL BE RECORDED AS RESOLUTION 63-25. D. City Council Tour. E. Announcements. F. Adjournment: 9:13 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: February 18, 2025 nAdjourn: 1� Res: 55-25 Ord: 6841 `mil 1M, V Subject: ROLL CALL City Council Members: Present Absent Ms. Turk (W4P1) Min. Jones / (W4P2) J Mr. Stafford (W1P1) Dr. Jones (W1P2) Ms. Moore / jr✓ (W2P1) J' Mr. Wiederkehr / a (W2P2) Mr. Berna / (W3P1) J Ms. Bunch (W3P2) Mayor Rawn / / City Council Meeting: February 18, 2025 Subject: City Council Members: Present Absent Ms. Turk (W4P1) Min. Jones (W4P2) Mr. Stafford (W1P1) Dr. Jones (W1P2) Ms. Moore (W2P1) Mr. Wiederkehr (W2P2) Mr. Berna (W3P1) Ms. Bunch (W3P2) Mayor Rawn VIA City Council Meeting: February 18, 2025 Subject: NOMINATING COMMITTEE ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd / / (W4P2) Mr. Stafford �'st ❑ 2nd / (W1P1) j"� vvv Dr. Jones ❑ 1st ❑ 2nd (W1P2) Ms. Moore ❑ 1st VQ 2nd / (W2P1) i� Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd / / (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn ------ Vote Tally: L - Motion Result: kr.ssed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Subject: ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk El 1st ❑ 2nd 4P1 Min. Jones ❑ 1st ❑ 2nd 4P2 Mr. Stafford El 1st ❑ 2nd (W1P Dr. Jones ❑ 1st ❑ 2nd 1P2 Ms. Moore ❑ 1st ❑ 2nd 2Pl Mr. Wiederkehr ❑ 1st ❑ 2nd JW 2P2) Mr. Berna ❑ 1st ❑ 2nd Pl Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: 0 Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolutions: — O 5 Subject: CONSENT ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read - Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4P1 Min. Jones ❑ 1st ❑ 2nd 4P2 Mr. Stafford El1st 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W1P2) Ms. Moore st ❑ 2nd Pl Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd 3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn ---""---------- Vote Tally: — O Motion Result: XPassed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolutions: Subject: ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ ]s[ ❑ 2nd Min. Jones ❑ 15[ ❑ 2nd Mr. Stafford ❑ ]st ❑ 2nd Dr. Jones ❑ 1st ❑ 2nd Ms. Moore ❑ 1st ❑ 2nd Mr. Wiederkehr ❑ 1st ❑ 2nd Mr. Berna ❑ 1st ❑ 2nd Ms. Bunch ❑ 1st ❑ 2nd Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed A. 1: v (ram A.2: A. 3:_�rYS) A. is_��/ A.5: A. 6: r — V" A.7: bo-a5 City Council Meeting: February 18, 2025 Ordinance: Unfinished Business: B. 1 (2025-88) Subject: REZONING-2024-0060: (818 S. WOOD AVE./BELASCO, 563) ❑ Amend: ❑ Table to the: ❑ Suspend Rules Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore El1st 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna 1st ❑ 2nd (W3Pi ) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn Vote Tally: IS91 Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: g I Unfinished Business: B. 1 (2025-88) Subject: REZONING-2024-0060: (818 S. WOOD AVE./BELASCO, 563) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd J (W4P1 Min. Jones El 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd (W1P1 Dr. Jones ❑ 1st ❑ 2nd W1P2 Ms. Moore ❑ 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd 3P1 Ms. Bunch El 1st ❑ 2nd 3P2 41Mayor Rawn Vote Tally: -O Motion Result: Passed ❑ Tabled 0 Failed City Council Meeting: February 18, 2025 Ordinance: Unfinished Business: B. 2 (2025-136) Subject: C REPEAL ORDINANCE ORDINANCE 6800 (ORDINANCE) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (wlP2) Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn Vote Tally: — Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: Unfinished Business: B. 2 (2025-136) Subject: REPEAL ORDINANCE 6800 (ORDINANCE) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk El ❑ 2nd PI) 4P1 Min. Jones El 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd fWlP2) Ms. Moore ❑ 1st ❑ 2nd (W2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 1 (2025-150) Subject: VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP, LLC, 444) ❑ Amend: ❑ Table to the: tiuspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & o to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd / (W4P1) Min. Jones ❑ 1st ❑ 2nd / (W 4P2) vvv Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd / (W 1P2) JJJ/ Ms. Moore El 1st 2nd / (W2P1) v Mr. Wiederkehr Ist ❑ 2nd (W2P2) Mr. Berns ❑ 1st ❑ 2nd (W3P1) Ms. Bunch El 1st ❑ 2nd / (W3P2) J Mayor Rawn Vote Tally: is-0 Motion Result: Xyassed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 1 (2025-150) Subject: VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP, LLC, 444) ❑ Amend: ❑ Table to the: ❑ Suspend Rules tiuspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1 Min. Jones El 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr.(W Jones El 1st 1st 2nd 1P2) Ms. Moore ❑ 1st W2nd 2P1 Mr. Wiederkehr 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd 3P1 Ms. Bunch ❑ 1st ❑ 2nd (W3P2 Mayor Rawn Vote Tally: 8 Motion Result: XPassed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 1 (2025-150) Subject: VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP, LLC, 444) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd / (W4P1) J Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd / (W1P1) ✓ Dr. Jones ❑ 1st ❑ 2nd / (W1P2) Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd / / (W2P2) VVV Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn�— Vote Tally: D Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 1 (2025-150) Subject: VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP, LLC, 444) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk El 1st ❑ 2nd (W PI) Min. Jones El 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd W1Pl Dr. Jones ❑ 1st ❑ 2nd 1P2 Ms. Moore ❑ 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna El 1st ❑ 2nd 3Pl Ms. Bunch ❑ 1st ❑ 2nd tW3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 2 (2025-151) Subject: PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT SOUTH SCHOOL, 602) Suspend Rules E] Suspend Rules E] Amend: Table to the: E] Approve ❑Other Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk E] 1st ❑ 2nd (W4P1) f Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford 1st E]2nd / (W1P1) Dr. Jones E] 1st E] 2nd / (W1P2) ✓ Ms. Moore E] 1st E] 2nd (W2P1) Mr. Wiederkehr El 1st 2nd / J (W2P2) Mr. Berna E] 1st E] 2nd (W3P1) Ms. Bunch ❑ 1st E]2nd (W3P2) Mayor Rawn —� Vote Tally: —� Motion Result: Passcd ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 2 (2025-151) Subject: PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT SOUTH SCHOOL, 602) 11 ❑ Amend: ❑ Table to the: ❑ Suspend Rules Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk El 1st ❑ 2nd / tVV4Pl v Min. Jones ❑ 1st ❑ 2nd 4P2 Mr. Stafford st ❑ 2nd fW1P11 Dr.Jones El PC2nd fW fW 1P2 Ms. Moore ❑ 1st ❑ 2nd (W2P1 Mr. Wiederkehr El 1st E]2nd 2P2 Mr3P11 na ❑ 1st E] 2nd Ms. Bunch ❑ 1st ❑ 2nd W3P2 Mayor Rawn Vote Tally: — Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 2 (2025-151) Subject: PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT SOUTH SCHOOL, 602) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones E] 1st E]2nd / (W4P2) V/ Mr. Stafford ❑ 1st ❑ 2nd / (W1P1) VVV Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr E] 1st E] 2nd (W2P2) Mr. Berna E] 1st E] 2nd % (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn Vote Tally: -O Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 2 (2025-151) Subject: PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT SOUTH SCHOOL, 602) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd fW4P1 Min. Jones ❑ 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd 1P] Dr. Jones ❑ 1st ❑ 2nd W1P2 Ms. Moore ❑ 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd fW2P21 Mr. Berna ❑ 1st ❑ 2nd 3P1 Ms. Bunch ❑ 1st ❑ 2nd W3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 3 (2025-152) & V C ryl � � Subject: APPEAL: PZD-2024-0005: (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones El 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 3 (2025-152) Subject: APPEAL: PZD-2024-0005: (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (AV4PI) Min. Jones ❑ 1st ❑ 2nd 4P2 Mr. Stafford El 1st ❑ 2nd 1P1 Dr. Jones El 1st ❑ 2nd 1P2 Ms. Moore ❑ 1st ❑ 2nd (W2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd 3P1 Ms. Bunch El 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 4 (2025-102) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 51— WATER AND SEWERS) ❑ Amend: ❑ Table to the: Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd (W4P2) V Mr. Stafford El 1st 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd / / (W 1P2) Ms. Moore ❑ 1st ❑ 2nd / (W2P1) VVV Mr. Wiederkehr 1st ❑ 2nd (W2P2) VVV Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn �— Vote Tally: Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 4 (2025-102) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 51— WATER AND SEWERS) ❑ Amend: ❑ Table to the: ❑ Suspend Rules Pq Suspend Rules ❑ Approve ❑ Other to & Go to 2nd Read & to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4Pl Min. Jones El 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd 1P1 Dr. Jones El1st 2nd 1P2 Ms. Moore Ist ❑ 2nd W2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd (W3P1 Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn _�� / ------ Vote Tally: Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 4 (2025-102) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 51— WATER AND SEWERS) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules / (�'�pprove ❑ Other & Go to 2nd Read & Go to 3rd Read }� Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd / (W4P1) J Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore ❑ 1st ❑ 2nd (WMI) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd / / (W3P2) Mayor Rawn -�--'• Vote Tally: —O Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 4 (2025-102) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 51— WATER AND SEWERS) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4Pl Min. Jones ❑ 1st ❑ 2nd (V14P2 Mr. Stafford ❑ 1st ❑ 2nd 1P1 Dr. Jones ❑ 1st ❑ 2nd iP2 Ms. Moore ❑ 1st ❑ 2nd 2PI) Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd 3Pl Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 5 (2025-104) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTERS 110,116 & 118) ❑ Amend: ❑ Table to the: Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd / / (W4P2) Mr. Stafford ❑ 1st ❑ 2nd / / (W1P1) V/ Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore st ❑ 2nd / (W2P1) �`'tl_, vvv Mr. Wiederkehr ❑ 1st 2nd ❑ (W2P2) Mr. Berna ❑ 1st 2nd / (W3P1) J Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn Vote Tally: — Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 5 (2025-104) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTERS 110, 116 & 118) ❑ Amend: ❑ Table to the: ❑ Suspend Rules Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & co to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk El 1st ❑ 2nd 4P1 Min. Jones ❑ 1st ❑ 2nd 4P21 _ Mr. Stafford ❑ 1st ❑ 2nd 1PI) Dr. Jones ❑ 1st ❑ 2nd (W1P2) J Ms. Moore ❑ 1st ❑ 2nd W2Pl Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd 3P1 Ms. Bunch El 1st ❑ 2nd 3P2 Mayor Rawn—' Vote Tally: —O Motion Result: kPassed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: b New Business: C. 5 (2025-104) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTERS 110, 116 & 118) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd / (W4P1) Min. Jones ❑ Ist El2nd (W4P2) Mr. Stafford ❑ Ist ❑ 2nd / / (W1P1) V Dr. Jones ❑ Ist ❑ 2nd (W1P2) Ms. Moore ❑ Ist ❑ 2nd (W2P1) J Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ Ist ❑ 2nd / / (W3P1) VVV Ms. Bunch ❑ Ist ❑ 2nd (W3P2) Mayor Rawn ------- Vote Tally: ! —O Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 5 (2025-104) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTERS 110,116 & 118) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4PI) Min. Jones ❑ Ist ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd 1Pl Dr. Jones ❑ Ist ❑ 2nd 1P2) Ms. Moore ❑ 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ Ist ❑ 2nd W2P2) Mr. Berna ❑ Ist ❑ 2nd 3P1) Ms. Bunch ❑ 1st ❑ 2nd 3P21 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 6 (2025-105) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 159 — FEES & CHAPTER 178 - MOBILE VENDORS) ❑ Amend: ❑ Table to the: Suspend Rules ❑ Suspend Rules El Approve ❑ Other A& Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk El �/ pq 2nd / (W4P1) �` VV Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd / / (W2P2) ✓✓✓ Mr. Berna Ist ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn Vote Tally: —O Motion Result: 1kassed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 6 (2025-105) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 159 — FEES & CHAPTER 178 - MOBILE VENDORS) ❑ Amend: ❑ Table to the: ❑ Suspend Rules uspend Rules ❑ Approve ❑ Other & Go to 2nd Read I& Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st X2nd Min. Jones ❑ 1st ❑ 2nd / 4P2 VV Mr. Stafford ❑ 1st ❑ 2nd (W1P11 Dr. Jones ❑ 1st ❑ 2nd 1P2 Ms. Moore El 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna Ist ❑ 2nd W3Pl Ms. Bunch ❑ 1st ❑ 2nd 3P2) Mayor Rawn Vote Tally: — Motion Result: Xpassed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 6 (2025-105) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 159 - FEES & CHAPTER 178 - MOBILE VENDORS) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules %pprm e ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd / (W4P1) ✓ Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W1P2) Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd / (W3P2) J Mayor Rawnr-- i Vote Tally: Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Ordinance: New Business: C. 6 (2025-105) Subject: ADMINISTRATIVE ITEM (AMEND CHAPTER 159 - FEES & CHAPTER 178 - MOBILE VENDORS) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4P1 Min. Jones ❑ 1st ❑ 2nd W4P2 Mr. Stafford ❑ 1st ❑ 2nd 1P1 Dr. Jones ❑ 1st ❑ 2nd 1P2 Ms. Moore ❑ 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd W3P1 Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolution: New Business: C. 7 (2025-175) Subject: REQUEST FOR ADDITIONAL POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT (RESOLUTION) ❑ Amend: ❑Table to the: ❑ Suspend Rules ❑ Suspend Rules Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote:/s Motion By: Ye No Abstain Absent IN9s. Turk ❑ 1st 2nd 9 / (W4P1) VVV Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd / / (W 1P2) JJJ Ms. Moore ❑ 1st ❑ 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd / (W2P2) ✓ Mr. Berna 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn ------ Vote Tally: — Motion Result: Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolution: New Business: C. 7 (2025-175) Subject: REQUEST FOR ADDITIONAL POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT (RESOLUTION) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones El 1st ❑ 2nd W4P2 Mr. Stafford El 1st ❑ 2nd W1Pl Dr. Jones ❑ 1st ❑ 2nd lP2 Ms. Moore ❑ 1st ❑ 2nd 2Pl Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd W3P1 Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolution: New Business: C. 8 (2025-176) Subject: SUSPENSION OF THE RULES FOR ORDINANCE READING REQUIREMENT (RESOLUTION) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules %pprove ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd / (W4P2) ✓ Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones ❑ 1st ❑ 2nd (W 1P2) Ms. Moore El 1st 2nd / / (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd / (W2P2) Mr. Berna 1st ❑ 2nd (W3P1) Bunch ❑ 1st ❑ 2nd % 3P2 ✓ Mayor Rawn �^ ------ Vote Tally: ? Motion Result: I';3sscd ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolution: New Business: C. 8 (2025-176) Subject: SUSPENSION OF THE RULES FOR ORDINANCE READING REQUIREMENT (RESOLUTION) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4P1 Min. Jones ❑ 1st ❑ 2nd (W4PQ Mr. Stafford ❑ 1st ❑ 2nd 1Pl Dr. Jones ❑ 1st ❑ 2nd (W1P21 Ms. Moore ❑ 1st ❑ 2nd 2Pi) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 2nd Pi)El1st Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolution: — v New Business: C. 9 (2025-202) Subject: ENSURING HEALTH AND FIRE SAFETY FOR SHORT-TERM RENTERS (RESOLUTION) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules Xlil,ro%c ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes I No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd (W4P1) Min. Jones ❑ 1st ❑ 2nd (W4P2) Mr. Stafford ❑ 2nd (W1P1)lst Dr. Jones ❑ 1st ❑ 2nd (W1P2) Ms. Moore El Is 2nd (W2P1) Mr. Wiederkehr ❑ 1st ❑ 2nd (W2P2) Mr. Berna ❑ 1st ❑ 2nd (W3P1) Ms. Bunch ❑ 1st ❑ 2nd (W3P2) Mayor Rawn '�— Vote Tally: —� Motion Result: j Pa%scd ❑ Tabled ❑ Failed City Council Meeting: February 18, 2025 Resolution: New Business: C. 9 (2025-202) Subject: ENSURING HEALTH AND FIRE SAFETY FOR SHORT-TERM RENTERS (RESOLUTION) ❑ Amend: ❑ Table to the: ❑ Suspend Rules ❑ Suspend Rules ❑ Approve ❑ Other & Go to 2nd Read & Go to 3rd Read Motion To: Roll Call Vote: Motion By: Yes No Abstain Absent Ms. Turk ❑ 1st ❑ 2nd 4P1 Min. Jones ❑ 1st ❑ 2nd 4P2 Mr. Stafford ❑ 1st ❑ 2nd (W1P1) Dr. Jones El 1st ❑ 2nd 1P2 Ms. Moore ❑ 1st ❑ 2nd 2P1 Mr. Wiederkehr ❑ 1st ❑ 2nd 2P2 Mr. Berna ❑ 1st ❑ 2nd 3P1 Ms. Bunch ❑ 1st ❑ 2nd 3P2 Mayor Rawn Vote Tally: Motion Result: ❑ Passed ❑ Tabled ❑ Failed aI<<laog"E? City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 11, 2025 4:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton Citv Council Meeting Tentative Aeenda February 11. 2025 MEETING INFORMATION: WEBINAR ID: 862 5336 2161 PUBLIC REGISTRATION LINK:HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN KYBSY9JHT1AP8OYOQDCW W AGENDAITEMCOMMENT(&-FAYETTEVILLE-AR.GOV CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT '/A.1. APPROVAL OF THE FEBRUARY 4, 2025 CITY COUNCIL MEETING MINUTES /A.2. UNITED STATES POSTAL SERVICE (LEASE RENEWAL): A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025- 106) /A.3. GREATER PRODUCTIONS, LLC. (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC. IN THE AMOUNT OF $1,056,513.00 FOR THE INSTALLATION OF SANITARY SEWER UPGRADES TO SERVE THE PARK HOTEL AND OTHER DOWNTOWN DEVELOPMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025-177) fA.4. ON CALL MATERIALS TESTING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01, SELECTION #1 AND APPROVE MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC., AND GTS, INC. AS PRIMARY PROVIDERS OF ON -CALL MATERIALS TESTING City of Fayetteville, Arkansas page 2 City Council Meeting Tentative Agenda February 11, 2025 /A.5. SERVICES AS NEEDED THROUGH APRIL 30, 2026 (2025-134) ON CALL SURVEYING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH APRIL 30, 2026 (2025- 135) A.6. FAYETTEVILLE PUBLIC SCHOOL (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS IN THE AMOUNT OF $400,000.00 FOR THE EXTENSION OF EAST JOYCE BOULEVARD, AND TO APPROVE A BUDGET ADJUSTMENT (2025-169) , A.7. 2025 TRANSPORTATION FEDERAL AID (GRANT APPLICATION): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS (2025-171) B. UNFINISHED BUSINESS 113.1. REZONING-2024-0060: (818 S. WOOD AVE./BELASCO, 563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2025-88) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE / WAS LEFT ON THE SECOND READING J B.2. REPEAL ORDINANCE 6800 (ORDINANCE): AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED (2025-136) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING -QLrna�-C. NEW BUSINESS C.1. RECOGNIZING BLACK HISTORY MONTH AND TRAILBLAZERS (RESOLUTION): il1j' of Fayetteville, Arkansas page 3 City Council Meetine Tentative Agenda February 11, 2025 A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH AND OFFICIALLY RECOGNIZING CERTAIN INDIVIDUALS AS BLACK HISTORY MONTH TRAILBLAZERS (2025-170) �C-2. VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP LLC, 444): AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF % / STREET RIGHT-OF-WAY (2025-150) `J J C.3. PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT r✓L�/ SOUTH SCHOOL, 602): ct- N ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-008 FOR APPROXIMATELY 22.67 ACRES OCATED 19 EAST 19TH STREET IN WARD 1 (2025-151) /C.4. APPEAL: PZD-2024-0005: (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-005 FOR APPROXIMATELY 44.0 ACRES LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD IN WARD 4 / (2025-152) ✓ C.S. ADMINISTRATIVE ITEM (AMEND CHAPTER 51 - WATER AND SEWERS): AN ORDINANCE TO AMEND CHAPTER 51, WATER AND SEWERS OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR INCREASES IN WATER AND SEWER TAP CONNECTION FEES (2025-102) C.6. ADMINISTRATIVE ITEM (AMEND CHAPTERS 110, 116 & 118): AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND NETWORKS; § 116.02 DOOR TO DOOR SOLICITATION; AND § 118.02 ENTRY UPON BUSINESS REGISTRY AND ISSUANCE OF BUSINESS LICENSE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-104) /C.7. ADMINISTRATIVE ITEM (AMEND CHAPTER 159 - FEES & CHAPTER 178 - MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-105) C.B. REQUEST FOR ADDITIONAL POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT (RESOLUTION): City of Fayetteville, Arkansas page 4 Citv Council Meeting Tentative Agenda February 11, 2025 A RESOLUTION TO AUTHORIZE THE ADDITION OF FOUR FULL-TIME EQUIVALENT POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THREE FULL-TIME EQUIVALENT POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT (2025-175) /C.9. SUSPENSION OF THE RULES FOR ORDINANCE READING REQUIREMENT (RESOLUTION): A RESOLUTION TO AMEND RULE A.7.D. UNFINISHED BUSINESS AND NEW BUSINESS BY ADDING A NEW (3) SUSPENSION OF THE RULES PLACES THE ORDINANCE ON ITS THIRD AND FINAL READING (2025-176) C► O PROPOSED AGENDA ADDITIONS.; D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR CC 7/ c­'� ` a- F. ANNOUNCEMENTS C , 5 k�Z a.q 000C� CaOa.5- G. ADJOURNMENT City of Fayetteville, Arkansas page 5 m ' .&---. 111116 iviccunb 1VUMN kV/-/ 1 1/GVGJ 1 eivanve Ap-encta) City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 J City Council Tentative Agenda Tuesday, February 11, 2025 4:30 PM City Hall Room 219 City Council Members_ Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton Cite Council Meeting Tentatii e agenda February 11, 2025 MEETING INFORMATION: WEBINAR ID: 862 5336 2161 PUBLIC REGISTRATION LINK:HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN KYBSY9JHT1AP80YOQDCW W AGE NDAITEMCOMMENT(c)FAYETTEVILLE-AR.GOV CALL TO ORDER ROLL CALL / PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT �r A.1. APPROVAL OF THE FEBRUARY 4, 2025 CITY COUNCIL MEETING MINUTES ,f A.2. GREATER PRODUCTIONS, LLC. (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC. IN THE AMOUNT OF $1,056,513.00 FOR THE INSTALLATION OF SANITARY SEWER UPGRADES TO SERVE THE PARK HOTEL AND OTHER DOWNTOWN DEVELOPMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025-177) ,/`/A.3. ON CALL MATERIALS TESTING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01, SELECTION #1 AND APPROVE MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC., AND GTS, INC. AS PRIMARY PROVIDERS OF ON -CALL MATERIALS TESTING SERVICES AS NEEDED THROUGH APRIL 30, 2026 (2025-134) i A.4. ON CALL SURVEYING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH APRIL 30, 2026 (2025- 135) , A.5. FAYETTEVILLE PUBLIC SGHOOL (COST SHARE AGREEMENT): City of Fayetteville, Arkansas Page 2 City Council Meeting Tentative Agenda February 11 2025 A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS IN THE AMOUNT OF $400,000.00 FOR THE EXTENSION OF EAST JOYCE BOULEVARD, AND TO APPROVE A BUDGET ADJUSTMENT (2025-169) JA.6. 2025 TRANSPORTATION FEDERAL AID (GRANT APPLICATION): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS (2025-171) B. UNFINISHED BUSINESS B.I. REZONING-2024-0060: (818 S. WOOD AVE./BELASCO, 563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2025-88) AT THE FEBRUARY 4, 2025 CITY COUNCI MEETING THIS ORDINANCE iB.2. WAS LEFT ON THE SECOND READING V REPEAL ORDINANCE 6800 (ORDINANCE): AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED (2025-136) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING vl C. NEW BUSINESS iC.l. RECOGNIZING BLACK HISTORY MONTH AND TRAILBLAZERS (RESOLUTION): A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH AND OFFICIALLY RECOGNIZING CERTAIN INDIVIDUALS AS BLACK HISTORY MONTH TRAILBLAZERS (2025-170) C.2. UNITED STATES POSTAL SERVICE (LEASE RENEWAL): A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE City of Fayetteville, Arhansas page 3 City Council Meeting Tentative Agenda February 11, 2025 AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025- 106) / ADMINISTRATIVE ITEM (AMEND CHAPTER 51 -WATER AND SEWERS): /b AN ORDINANCE TO AMEND CHAPTER 51, WATER AND SEWERS OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR INCREASES IN WATER AND SEWER TAP CONNECTION FEES (2025-102) ADMINISTRATIVE ITEM (AMEND CHAPTERS 110, 116 & 118): I AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND (NETWORKS; § 116.02 DOOR TO DOOR SOLICITATION; AND § 118.02 ENTRY UPON BUSINESS REGISTRY AND ISSUANCE OF BUSINESS LICENSE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-104) ADMINISTRATIVE ITEM (AMEND CHAPTER 159 - FEES & CHAPTER 178 - MOBILE VENDORS): C. AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-105) VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP LLC, 444): JC .� AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET RIGHT-OF-WAY (2025-150) '!!. PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT J�,q SOUTH SCHOOL, 602): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-008 FOR APPROXIMATELY 22.67 ACRES LOCATED 19 EAST 19TH STREET IN WARD 1 (2025-151) APPEAL: PZD-2024-0005: (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): JC • AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-005 FOR APPROXIMATELY 44.0 ACRES LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD IN WARD 4 (2025-152) /�C.9. REQUEST FOR ADDITIONAL POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT (RESOLUTION): A RESOLUTION TO AUTHORIZE THE ADDITION OF FOUR FULL-TIME City of Fayetteville, Arkansas page 4 City Council Meeting Tentative Agenda February 11, 2025 EQUIVALENT POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THREE FULL-TIME EQUIVALENT POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT (2025-175) VC.10. SUSPENSION OF THE RULES FOR ORDINANCE READING REQUIREMENT (RESOLUTION): A RESOLUTION TO AMEND RULE A.7.D. UNFINISHED BUSINESS AND NEW BUSINESS BY ADDING A NEW (3) SUSPENSION OF THE RULES PLACES THE ORDINANCE ON ITS THIRD AND FINAL READING (2025-176) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT 04 of Fayetteville, Arkansas page 5 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Rawn THRU: Kara Paxton, City Clerk -Treasurer FROM: Kit Williams, Fayetteville City Attorney DATE: February 21, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of February 18, 2025 1. A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT 2. A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC. IN THE AMOUNT OF $1,056,513.00 FOR THE INSTALLATION OF SANITARY SEWER UPGRADES TO SERVE THE PARK HOTEL AND OTHER DOWNTOWN DEVELOPMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 3. A RESOLUTION TO AWARD RFQ #25-01, SELECTION #1 AND APPROVE MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC., AND GTS, INC. AS PRIMARY PROVIDERS OF ON -CALL MATERIALS TESTING SERVICES AS NEEDED THROUGH APRIL 30, 2026 4. A RESOLUTION TO AWARD RFQ #25-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH APRIL 30, 2026 5. A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS IN THE AMOUNT OF $400,000.00 FOR THE EXTENSION OF EAST JOYCE BOULEVARD, AND TO APPROVE A BUDGET ADJUSTMENT 6. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS 7. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 8. AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET RIGHT-OF-WAY 9. AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-008 FOR APPROXIMATELY 22.67 ACRES LOCATED 19 EAST 19TH STREET IN WARD 1 10. AN ORDINANCE TO AMEND CHAPTER 51, WATER AND SEWERS OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR INCREASES IN WATER AND SEWER TAP CONNECTION FEES 11. AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND NETWORKS; § 116.02 DOOR TO DOOR SOLICITATION; AND § 118.02 ENTRY UPON BUSINESS REGISTRY AND ISSUANCE OF BUSINESS LICENSE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY 12. AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY 13. A RESOLUTION TO AUTHORIZE THE ADDITION OF FOUR FULL-TIME EQUIVALENT POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THREE FULL-TIME EQUIVALENT POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT 14. A RESOLUTION TO AMEND RULE A.7.D. UNFINISHED BUSINESS AND NEW BUSINESS BY ADDING A NEW (3) SUSPENSION OF THE RULES PLACES THE ORDINANCE ON ITS THIRD AND FINAL READING 15. A RESOLUTION TO REQUEST THE ARKANSAS LEGISLATURE ALLOW CITIES TO ENSURE HEALTH AND FIRE SAFETY FOR SHORT-TERM RENTERS AND COMPATIBILITY FOR SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, February 18, 2025 5:30 PM City Hall Room 111 & Online via Zoom City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Final Agenda February 18, 2025 MEETING INFORMATION: 1. WEBINAR ID: 873 1482 4928 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN SK7OMHUOTHOGMH5WCLXNMQ AGENDAITEMCOMMENT(c)-FAYETTEVILLE-AR.GOV CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS 1. NOMINATING COMMITTEE REPORT - COMMITTEE CHAIR PROPOSED AGENDA ADDITIONS A. CONSENT A.1. APPROVAL OF THE FEBRUARY 4, 2025 CITY COUNCIL MEETING MINUTES A.2. UNITED STATES POSTAL SERVICE (LEASE RENEWAL): A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025- 106) A.3. GREATER PRODUCTIONS, LLC. (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC. IN THE AMOUNT OF $1,056,513.00 FOR THE INSTALLATION OF SANITARY SEWER UPGRADES TO SERVE THE PARK HOTEL AND OTHER DOWNTOWN DEVELOPMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025-177) A.4. ON CALL MATERIALS TESTING SERVICES (RFQ 25-01): City of Fayetteville, Arkansas page 2 City Council Meeting Final Agenda February 18, 2025 A RESOLUTION TO AWARD RFQ #25-01, SELECTION #1 AND APPROVE MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC., AND GTS, INC. AS PRIMARY PROVIDERS OF ON -CALL MATERIALS TESTING SERVICES AS NEEDED THROUGH APRIL 30, 2026 (2025-134) A.S. ON CALL SURVEYING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH APRIL 30, 2026 (2025- 135) A.6. FAYETTEVILLE PUBLIC SCHOOL (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS IN THE AMOUNT OF $400,000.00 FOR THE EXTENSION OF EAST JOYCE BOULEVARD, AND TO APPROVE A BUDGET ADJUSTMENT (2025-169) A.7. 2025 TRANSPORTATION FEDERAL AID (GRANT APPLICATION): FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS (2025-171) B. UNFINISHED BUSINESS B.1. REZONING-2024-0060: (818 S. WOOD AVE./BELASCO, 563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2025-88) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE SECOND READING B.2. REPEAL ORDINANCE 6800 (ORDINANCE): AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED (2025-136) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING C. NEW BUSINESS City of Fayetteville, Arkansas page 3 City Council Meeting Final Agenda February 18, 2025 C.1. VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP, LLC, 444): AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET RIGHT-OF-WAY (2025-150) C.2. PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT SOUTH SCHOOL, 602): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-008 FOR APPROXIMATELY 22.67 ACRES LOCATED 19 EAST 19TH STREET IN WARD 1 (2025-151) C.3. APPEAL: PZD-2024-0005: (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-005 FOR APPROXIMATELY 44.0 ACRES LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD IN WARD 4 (2025-152) CA. ADMINISTRATIVE ITEM (AMEND CHAPTER 51 —WATER AND SEWERS): AN ORDINANCE TO AMEND CHAPTER 51, WATER AND SEWERS OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR INCREASES IN WATER AND SEWER TAP CONNECTION FEES (2025-102) C.5. ADMINISTRATIVE ITEM (AMEND CHAPTERS 110, 116 & 118): AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND NETWORKS; § 116.02 DOOR TO DOOR SOLICITATION; AND § 118.02 ENTRY UPON BUSINESS REGISTRY AND ISSUANCE OF BUSINESS LICENSE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-104) C.6. ADMINISTRATIVE ITEM (AMEND CHAPTER 159 — FEES & CHAPTER 178 - MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-105) C.7. REQUEST FOR ADDITIONAL POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT (RESOLUTION): A RESOLUTION TO AUTHORIZE THE ADDITION OF FOUR FULL-TIME EQUIVALENT POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THREE FULL-TIME EQUIVALENT POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT, AND TO APPROVE A City of Fayetteville, Arkansas page 4 City Council Meeting Final Agenda February 18, 2025 BUDGET ADJUSTMENT (2025-175) C.8. SUSPENSION OF THE RULES FOR ORDINANCE READING REQUIREMENT (RESOLUTION): A RESOLUTION TO AMEND RULE A.7.D. UNFINISHED BUSINESS AND NEW BUSINESS BY ADDING A NEW (3) SUSPENSION OF THE RULES PLACES THE ORDINANCE ON ITS THIRD AND FINAL READING (2025-176) C.9. ENSURING HEALTH AND FIRE SAFETY FOR SHORT-TERM RENTERS (RESOLUTION): A RESOLUTION TO REQUEST THE ARKANSAS LEGISLATURE ALLOW CITIES TO ENSURE HEALTH AND FIRE SAFETY FOR SHORT-TERM RENTERS AND COMPATIBILITY FOR SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS (2025-202) D. CITY COUNCIL TOUR E. ANNOUNCEMENTS F. ADJOURNMENT NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. City of Fayetteville, Arkansas page 5 City Council Meeting Final Agenda February 18, 2025 Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, appellant from a final decision of the Planning Commission or City Staff, etc.) may present its proposal only during this presentation period but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff's presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed on all items of unfinished and new business and subjects of public hearings. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. Speakers present in the City Council Chambers shall be recognized before speakers participating by electronic means. Speakers shall be limited to a maximum of three (3) minutes to discuss the agenda item or amendment being considered by the City Council. The City Council may allow a speaker additional time by unanimous consent or majority vote. As part of a person's public comments allowed above, the speaker may use electronic visual aids during their three (3) minutes presentation period concerning the agenda item being considered by the City Council. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from comments that are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Cell Phones and Pagers: Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. Smoking Prohibited: There will be no smoking allowed in the City Council Chambers during City Council meetings. Virtual City Council Meetings Authorized: After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings. Interpreters or Telecommunications Devices for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. City of Fayetteville, Arkansas page 6 Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting February 4, 2025 City Council Meeting Minutes February 4, 2025 Page 1 of 19 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 4, 2025 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Rawn called the meeting to order. PRESENT: Council Members Robert B. Stafford, Doctor D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Minister Monique Jones, Mayor Molly Rawn, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Interim Chief of Staff Keith Macedo, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief description of the monthly financial report. He stated that in total, the City was down approximately $2.4 million in revenue for the year. He then went on to state the Street Fund was down approximately 2%, parking fees were down roughly 7%, HMR fees were up 1%, Water and Sewer fees were flat, Recycling and Trash Collection was up around 1 %, Airport flights were up 2.4% and gasoline sales were up approximately 2.2%. He would be available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 2 of 19 Agenda Additions: None Consent: Approval of the January 21, 2025 City Council Meeting Minutes APPROVED Ozark Natural Science Center (Lease Agreement): A resolution to approve one-year lease and operations agreements with the Ozark Natural Science Center to operate in the Lake Fayetteville Environmental Study Center with automatic renewals for four additional years. Resolution 43-25 as recorded in the office of the City Clerk Grant Writing & Drainage Design Services (Service Contract): A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01, in the amount of $70,900.00 to perform a drainage analysis of the Hamestring Creek Watershed, and to authorize the development and submission of applications for state and federal grants to address flooding. Resolution 44-25 as recorded in the office of the City Clerk Forvis Mazars, LLP. (Service Contract): A resolution to approve the third one year contract with Forvis, LLP. for auditing services for the 2024 Audit in an amount not to exceed $165,000.00, with an option to renew for up to two additional one year terms. Resolution 45-25 as recorded in the office of the City Clerk 2025 Adopted Budget (Re -Appropriation Request): A resolution to amend the 2025 adopted budget by re -appropriating $218,930,000.00 in bonded or ongoing capital projects, outstanding obligations and grant funded items. Resolution 46-25 as recorded in the office of the City Clerk Quality Collision & Bruckner's Truck and Equipment (Service Contracts): A resolution to award RFP 24-13 and authorize one year contracts with Roy Lovell dba Quality Collision of Fayetteville and Bruckner's Truck and Equipment of Lowell for collision repair services, with automatic renewals for four additional one year terms. Resolution 47-25 as recorded in the office of the City Clerk Nixon Power, Inc. (Service Contract): A resolution to authorize a generator maintenance contract with Nixon Power Inc. in the annual amount of $47,952.00, plus the cost of non-scheduled service calls within the approved budget, through November 22, 2026 and any future renewal periods, pursuant to a Sourcewell Cooperative Purchasing Contract. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 3 of 19 Resolution 48-25 as recorded in the office of the City Clerk National Auto Fleet Group (Purchase Agreement): A resolution to approve the purchase of a Mack Roll Off Truck from National Auto Fleet Group in the amount of $251,400.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 49-25 as recorded in the office of the City Clerk LPS Material Handling (Purchase Agreement): A resolution to approve the purchase of a Hyundai Forklift from LPS Material Handling in the amount of $50,052.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 50-25 as recorded in the office of the City Clerk Premier Trailer Sales, LLC. (Purchase Agreement): A resolution to approve the purchase of a Tandem Axle Trailer from Premier Trailer Sales, LLC. in the amount of $15,840.00, plus any applicable freight charges and taxes up to 10% of the original purchase price, and to approve a budget adjustment. Resolution 51-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Public Hearing: Sidecar Cocktail Lounge (Private Club Application): An ordinance to approve the application of Corey McCain, on behalf of Epizudix Inc., for a permit to operate Sidecar Cocktail Lounge as a private club in the City of Fayetteville at 1150 North College Avenue, Suite #100. City Attorney Kit Williams read the ordinance. Police Chief Mike Reynolds gave a brief description of the ordinance. He stated the applicant worked at an existing establishment within Fayetteville and that staff had a great relationship with them and expected that to continue. There was a brief discussion between Council Member Moore and Corey McCain, the applicant, regarding what policies and procedures were in place for safe drinking at the establishment. Corey McCain went on to explain how they had several experienced staff members and numerous security cameras. He then spoke of the potential to take training with the City of Fayetteville or the Police Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 4 of 19 Council Member Dr. Jones questioned if they would be selling food and then asked where the establishment would be located. Corey McCain stated they would not be selling food, but that there would be small bags of snacks available. He then stated they would be located in the basement of where Cafe Rue Orleans was. Mayor Rawn opened the public hearing for public comment. No one came forward to speak. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6835 as Recorded in the office of the City Clerk Unfinished Business: None New Business: Administrative-2024-0048: (South of 2861 N. Raven Ln./Raven Lane Extension, 285): A resolution to amend the Master Street Plan by removing a 0.20-mile section of a planned residential link street, extending from Raven Lane to just south of Clabber Creek. Jonathan Curth, Development Services Director gave a brief description of the resolution and of the City's Master Street Plan. He then went into detail around the factors that had been considered with the request in regard to floodplain, bridge costs and connectivity. He stated staff recommended in favor of the amendment to remove the street connection from the Master Street Plan and the Planning Commission forwarded the request to the City Council recommending approval by a vote of six to three. He noted the item had also been heard by the Transportation Committee where it had been forwarded to the City Council as well. Robert Rhoads, Attorney with Hall Estill Attorneys at Law stated he was representing Craig and Laura Underwood, as well as the Northwest Arkansas Land Trust. He then went on to explain the reasoning for why the City should take the portion of Raven Lane off of the City's Master Street Plan. He continued on to describe the environmentally sensitive area and protected species which 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 5 of 19 resided there. He stated the removal of the street was support not only by staff, but by the Planning Commission and the Transportation Committee as well. He would be available for questions. There was a brief discussion between Council Member Turk and Jonathan Curth regarding what portions of the property were owned by the Northwest Arkansas Land Trust. Jonathan Curth displayed an image to the City Council and explained which portions of property were owned by Craig and Laura Underwood and the Northwest Arkansas Land Trust. Council Member Moore questioned what the estimate was for the number of units that could potentially be built in the area. Jonathan Curth stated the area outside of the Northwest Arkansas Land Trust was 33 acres and it was zoned Residential Single Family, Four Units Per Acre, which could allow approximately 120 to 140 units. Council Member Moore questioned what the name of the neighborhood to the south was. Jonathan Curth stated that neighborhood was known as Crystal Springs. Council Member Moore referenced the Crystal Springs neighborhood and questioned if the only way that neighborhood could access Clabber Creek Trail or Holcomb Elementary was through Mount Comfort Road and Salem Road. Jonathan Curth stated that was correct, and would be the quickest route to reach Holcomb Elementary. Council Member Moore questioned if it would then be correct for the Master Street Plan to stay in place with the roadway, which would allow that neighborhood to have ability to drive north and access Holcomb Elementary. Jonathan Curth spoke of how that was not assured. He then went on to explain how if the intervening property were to be developed, staff would have more authority to require some public street connection to be acknowledged and the potential for the bridge to be built. He continued on to describe traffic studies and how the amount the City could request from a developer had to be commiserate to the amount of traffic they would be sending in a certain direction. He then went into the cost of the bridge connection. Council Member Moore spoke of the City's goals towards increasing density, creating connectivity and walkability. She questioned if the City planned anything outside of the street connection that could be used by pedestrians on bike or foot to access the trail. Jonathan Curth stated that he did not believe there was anything else that could assure that kind of connectivity from the subdivision to Clabber Breek if the street connection was removed from the Master Street Plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 6 of 19 The City Council received 2 public comments regarding this resolution. There was then a brief discussion between Council Member Min. Jones and Jonathan Curth regarding the potential for flooding in the area. Council Member Moore spoke of how the area was sensitive and questioned what considerations had been made to create non -automobile transportation such as a bike pedestrian route. Jonathan Curth stated that if the Underwood property were to be developed, there could be the potential for public streets and connectivity. He then went on to explain how the potential alternative to amending the Master Street Plan to remove the street connection would be a two step process and that the Active Transportation Plan would need to be amended to add a trail connection. He was unsure of how that could procedurally be done at this time. Council Member Moore questioned whether removing the street connection from the Master Street Plan and adding alternative transportation connection through the area could be achieved tonight, or if that would have to be brought forward in the future. City Attorney Kit Williams stated that it should probably not be amended tonight, due to different committees needing to be consulted before the plans were amended. Council Member Moore requested clarification that removing the street connection from the Master Street Plan would still allow the City Council the ability to create the connection with Active Transportation. City Attorney Kit Williams stated that streets had a stronger power for the cities than trails did. He could not guarantee that a trail, or even a master trail plan, would mean that the property owner would be required to dedicate or build said trail. Council Member Berna stated that in considering the location of the request and the cost of building the bridge that would be required for the connection, he would make a motion to approve the request to remove it from the Master Street Plan. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed 6-2. Council Member Turk, Min. Jones, Stafford, Dr. Jones, Wiederkehr and Berna voted yes. Council Member Bunch and Moore voted no. Resolution 52-25 as recorded in the office of the City Clerk Rezoning-2024-0059: (2015 E Huntsville Rd./ Sexton, LLC, 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-59 for approximately 0.54 acres located at 2015 East Huntsville Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre to CS, Community Services. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 7 of 19 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He went on to explain how staff found the request to be consistent with the area and complimentary of the City's future land use map designation of city neighborhood area. He stated the area had an infill score of six. He went on to speak of how the request would reduce the tree preservation requirements on the property from 25% to 20%. He stated staff recommended approval of the request and the Planning Commission forwarded it unanimously to the City Council, and that there had been no public comment received on the item. He noted Will Kellstrom was present as the applicant for the request. Catelyn Gibbs, Associate with Watkins Boyer Gray & Curry PLLC stated Will Kellstrom was not currently available to answer questions, but that he was on his way to the meeting. Council Member Turk questioned if the applicant would need to have a variance from the City's current access code if they chose to build on the property. Jonathan Curth stated that under the current zoning probably not, he then referenced the current driveway on the property and stated staff had not done a full review of what moving that driveway might look like. Council Member Turk questioned if a variance would be needed if the property were rezoned and homes were developed on it. Jonathan Curth stated almost certainly. He then briefly spoke of the City's access management ordinance and standards. Brooke Fulcher, Property Owner stated they had bought the property a few months ago. She then went on to speak of how they wanted to make better use of the land and build additional housing. The City Council received 2 public comments regarding this ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6836 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 8 of 19 Rezoning-2024-0060: (818 S. Wood Ave.Belasco, 563): An ordinance to rezone the property described in Rezoning Petition RZN 2024-60 for approximately 0.37 acres located at 818 South Wood Avenue in Ward 1 from NC, Neighborhood Conservation to RI-U, Residential Intermediate - Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use standpoint and complimentary. He then went on to explain how the property was an appropriate infill location. He stated the tree preservation requirements on the property would reduce from 20% to 15%. He then went on to state that after reviewing the request, the City's engineers had identified that there was a sewer capacity issue downstream, but that the size of the property had not merited a significant amount of concern and therefore staff felt comfortable evaluating it at the time of development. He stated there had been public comment received on the request, with some expressing concerns. He stated staff recommended approval and the Planning Commission forwarded it to the City Council unanimously. He noted Catelyn Gibbs was present as the applicant for the request. Catelyn Gibbs, Associate with Watkins Boyer Gray & Curry PLLC stated she did not have much to say on the matter due to staffs and the Planning Commissions recommendations of approval. She would be available for questions. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk requested that the City Council not go to a final vote on the item tonight due to concerns from the neighbors regarding the request. She mentioned the possibility of a tour taking place or of the City Council members looking at the property and considering it further. She felt the neighborhood was very single family oriented and had concerns with the tree canopy requirements being reduced. Council Member Stafford stated he was very familiar with the area and that there was actually a lot of multifamily housing there already. He would be in support of the request and recognized that the City was in a housing crisis still. Council Member Dr. Jones asked how long Council Member Turk wanted the item to be held. Council Member Turk answered just until the next City Council meeting. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion failed 3-5. Council Member Bunch, Stafford and Moore voted yes. Council Member Turk, Min. Jones, Dr. Jones, Wiederkehr and Berna voted no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 9 of 19 This ordinance was left on the second reading. Rezoning-2024-0061: (114 W. 5th St./ Morris, 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-61 for approximately 0.20 acres located at 114 West 5th Street in Ward 1 from NC, Neighborhood Conservation to RI-U, Residential Intermediate - Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible and consistent with the City's long range planning goals. He noted the tree preservation requirements on the property would drop from 20% to 15% and that there was a sewer capacity concern, but given the size of the property, that concern was limited and staff felt it could be addressed during the development process. He stated there had been a statement in favor of the item and that staff recommended approval of the request and the Planning Commission forwarded it to City Council unanimously. He noted Sean Morris was the applicant for the item. Sean Morris, Applicant gave a brief explanation for their reasoning on requesting the property be rezoned. He hoped that if the request were approved, they would be able to do a lot split, which would allow them to build further on their property. Council Member Min. Jones referenced the sewer issues that had been brought up earlier. She questioned if that would be addressed during development. Sean Morris stated they were open to addressing those issues when developing the property. The City Council received 1 public comment regarding this ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Min. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6837 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 10 of 19 Rezoning-2024-0062: (2691 E. Huntsville Rd./ NWA Property Holdings, LLC, 566): An ordinance to rezone the property described in Rezoning Petition RZN 2024-62 for approximately 0.90 acres located at 2691 East Huntsville Road in Ward 1 from R-A, Residential -Agricultural to NS-G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible with surrounding land uses and an appropriate zoning designation for the property. He then went on to describe how staff s finding were mixed when reviewing the request from a long range plan standpoint. He noted the request would reduce the tree preservation requirements from 25% to 20% and that developing the property would open discussion further on what accessing Huntsville Road would ultimately look like. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council unanimously. He stated there had been no public comment received on the topic and that Ben Dykes was present as the applicant online. There was then a brief discussion between Council Member Min. Jones and Jonathan Curth regarding the infill attributes of the property and how staff evaluated those. Jonathan Curth went on to clarify that the request was in alignment with the City's Future Land Use Map. Council Member Turk had reviewed the staff report and noticed a future plan listed to take out a large curve and realign a portion of Dead Horse Mountain Road. She requested clarification on that. Jonathan Curth stated that it had been included in the City's Master Street Plan but had not been placed within any of the City's capital or transportation plans at the moment. There was then a brief discussion between Council Member Dr. Jones and Jonathan Curth regarding what the Planning Commission had supported the request by. Jonathan Curth clarified they had supported the request by a unanimous vote of seven to zero. Ben Dykes, Applicant stated they were trying to get the rezoning done so they could use the property as a business. The City Council received 1 public comment regarding this ordinance. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 11 of 19 City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6838 as Recorded in the office of the City Clerk Rezoning-2024-0063: (245 S. Happy Hollow Rd./Crist, 526): An ordinance to rezone the property described in Rezoning Petition RZN 2024-63 for approximately 2.47 acres located at 245 South Happy Hollow Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre to RSF-8, Residential Single -Family, Eight Units Per Acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible with the surrounding area and consistent from a land use planning standpoint. He noted that the existing tree canopy requirement on the request would reduce from 25% to 20% and went on to speak of how some portions of the property were in the Hillside Hilltop Overlay District. He stated there was sewer within close proximity of the property but accessing it would require an extension of about 100 feet. He stated there had been public comment received on the request, with concerns regarding the environment and development on the slope and the potential for causing issues with the topography and tree canopy removal. He stated there had also been comments with concerns regarding traffic speed. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council by a vote of seven to one. He noted Dylan Bentley was present as the applicant. Council Member Min. Jones questioned if there were any issues with the natural water runoff on the property with its slope. Jonathan Curth stated the City had received videos in the area that residents had sent showing the large amounts of water during heavy rainfalls that the area experienced, but that the City did not have any documentation of any property damage. There was a brief discussion between Council Member Min. Jones and Jonathan Curth regarding whether this area was the access point to the Links Apartments. Jonathan Curth clarified it was the Cliffs Apartments. Dillon Bentley, Applicant with Hope Consulting stated they were seeking to rezone the property to reduce its lot frontage. He went on to explain how he had talked with the property owner, and they were looking at preserving as much tree canopy as possible on the west side of the property. Council Member Turk questioned if there had been any consideration in having a different zoning type for the steep grade on the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 12 of 19 Dillon Bentley stated that would cause them to split zone one piece of property and then went on to explain how they felt the request achieved what they needed on the property. Council Member Turk requested clarification from Jonathan Curth regarding if the property could be split zoned or if the Unified Development Code prohibited that. Jonathan Curth stated it was not prohibited and then spoke of the difficulties around split zoning the property. Council Member Min. Jones questioned if the property owner understood the responsibility of the need for sewer extensions. Dillon Bentley answered yes and stated they were in their preliminary layout and feasibility study phase regarding the sewer main extension. Council Member Stafford asked what the zoning was for the neighborhood in Paddock Loop. Jonathan Curth stated that it was a mixed zoned subdivision, with some being zoned Neighborhood Conservation and others zoned Residential Single Family, Eight Units Per Acre. Council Member Stafford requested that a map be displayed of the area. Jonathan Curth displayed the map and stated it had also been included in the City Council's agenda packet. Council Member Turk stated she was very concerned with the request due to it being an upzone within a Hillside Hilltop Overlay District and having a steep slope. She went on to speak of her additional concerns regarding losing tree canopy coverage and water runoff and felt it would make more sense to split zone the property. She would not be in support. There was a brief discussion between Council Member Bunch and Jonathan Curth regarding what could potentially be developed on the property with the request. They then discussed tandem lots, and Jonathan Curth went on to explain how that was not something the City Council would review, it would be a by right allowance for any conforming lot to put a tandem lot behind it so long as they met certain requirements. Council Member Wiederkehr stated he could envision the applicant avoiding the Hillside Hilltop Overlay District due to its slope, soil conditions and preserving the trees. He then went on to explain how he believed the request was rational and reasonable and would be in support. Council Member Stafford agreed with Council Member Wiederkehr and questioned if the Acacia Crossing development to the north had similar slopes. Jonathan Curth stated he was not familiar with those offhand. Council Member Stafford stated he was familiar with the area and that the slope was similar. He believed the difficulty to build on the slope would be what kept the request from being too big of a development and he would be in support. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 13 of 19 Council Member Dr. Jones stated he did not believe he had heard any concerns from the neighbors and would be supportive. Council Member Dr. Jones moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Bunch, Min. Jones, Stafford, Dr. Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk voted no. Ordinance 6839 as Recorded in the office of the City Clerk Appeal: Large Scale Development-2024-0029:(Southwest of W. Treadwell St. and S. Hill Ave.Nerve, 522): A resolution to grant the appeal of Subtext Acquisitions, LLC and approve Large Scale Development LSD-2024-0029 located at 191 South Hill Avenue in Ward 2. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated that the project was proposing to acknowledge the City's Master Street Plan by incorporating wider sidewalks, on street parking, street trees, green spaces and ground floor dwelling units for a majority of the site. He then went into a brief description of the building being proposed and the project details. He stated that while evaluating the request, staff found two portions of ordinance that the project was not complying with relating to the City's street standards and pedestrian circulation standards and gave a brief explanation of the variances. He stated staff was recommending that an existing eight inch water line in Duncan Avenue be upgraded to a 12 inch water line as part of the project. He stated that at the Planning Commission meeting, the developer had an interest in contributing an asset for it, rather than performing the work. He stated that after the item had failed at the Planning Commission by a vote of four to four, the applicant appealed the item to the City Council and proposed their payment in lieu of construction to $200,000. He stated staff recommended acceptance of the proposal, and that the resolution did not preclude City staff from working with the developer further to potentially pursue a cost share for the project to build the water line. He noted Will Kellstrom was present as the applicant. Will Kellstrom, Attorney with Watkins Boyer Gray & Curry PLLC gave a brief description of the request and the items history. He stated that they had met with City staff and figured out the $200,000 that they were now offering based off their contractors' estimate and other impact fees, and he believed staff was happy with the fee in lieu as well. He stated he was under the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 14 of 19 understanding that the Planning Commission was not opposed to the project, that it was just denied on the issue regarding the amount. He noted Mitch Cordy was present to speak on the item as well. Mitch Cordy stated he appreciated the help that staff had put into the project and that it had been great to work together. He went on to explain how they had put the new proposal together based on feedback they had received. He stated they wanted to be a good community developer and wanted to help promote future development in the area. There was then a brief discussion between Council Member Moore and Chris Baribeau, Principal Architect with Modus Studio, regarding access points around the development. Chris Baribeau went on to explain how there would be access points on all sides of the development. He briefly explained how the tenants would have access to the patio and green spaces, but that the landscape and everything would be managed by the property. Council Member Wiederkehr and Jonathan Curth briefly spoke of the factors the City Council could consider when reviewing the request. Jonathan Curth went on to explain how the City Council was now sitting as the Planning Commission. He stated that staff s recommendation was that, with the exception of the two variances outlined, the project met the City's standards. Council Member Wiederkehr questioned if the water line was going to be a cost share and if the development was not paying the full cost anticipated for installing the new line. Jonathan Curth stated the developer was not proposing to install the water line, they were proposing to pay a payment in lieu of $200,000. He went on to clarify how staff and the applicant could still discuss what a cost share might look like so that the work could be done prior to the street working being done. There was then a brief discussion between Council Member Turk and Jonathan Curth regarding cost shares. The City Council received 4 public comments regarding this resolution. Council Member Min. Jones requested that a picture be displayed to show parking in the area. Mayor Rawn requested that City Attorney Kit Williams remind the City Council of what they were considering and voting on. City Attorney Kit Williams stated the request was a build by right, and apart from the two variances being requested, the developer had checked basically all of the boxes they needed to check and had complied with the City's minimum requirements. He stated that so long as the developer had complied with the City Code, the City must basically approve the request. He then went on to speak of how the Supreme Court had stated that the City could only make the developer pay for their reasonable impact of their development upon the City's infrastructure. He believed the pipeline would be good for the area and was very important, but that the developer was not the sole cause for the need of the pipeline, and therefore the City couldn't make them pay for it all. He stated that the developers' latest offer would be paying their fair share. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 15 of 19 Jonathan Curth displayed the image that Council Member Min. Jones had requested of parking. Council Member Min. Jones questioned if the parking would support the number of residents that would be residing at the development. Jonathan Curth stated the project was proposed to include 272 units, which would be 827 beds. He then went on to explain how 548 parking spaces were being proposed for the project. Council Member Berna requested clarification, because he believed parking was not something the City Council could consider on the request. Jonathan Curth stated that was correct due to the parking being by right reductions. Council Member Stafford spoke of how the applicant offering $200,000 was a very fair amount. He believed the sewer line would benefit the whole neighborhood, and that the developer had met all of the City's requirements. Council Member Berna moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 53-25 as recorded in the office of the City Clerk Ordinance § 155.03 & 155.06 (Chapter 155 - Appeals Amendments): An ordinance to amend § 155.06 Appeals from Staff Interpretations and Actions (A) Appeals to City Council to add (3) Stormwater Management Utility Fee Decision and to amend § 155.03 Stay of the Unified Development Code. City Attorney Kit Williams read the ordinance. He referenced the storm water management utility fee the City Council had enacted and how it spoke to an appeals section. Therefore, he felt there needed to be an update to the Appeals section in City Code so that citizens could be aware of the proper procedure for appeals to ensure they were handled correctly. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 16 of 19 Ordinance 6840 as Recorded in the office of the City Clerk Repeal Ordinance 6800 (Ordinance): An ordinance to repeal Ordinance 6800 as amended. City Attorney Kit Williams read the ordinance. He provided a brief history of Ordinance 6800 and how the Attorney General had reviewed the law and sent a memo outlining how the ordinance violated State Statute 14-43-608. He stated therefore, since Ordinance 6800 was likely in violation of that statute, it should be repealed. The City Council received 11 public comments regarding this ordinance. Council Member Dr. Jones appreciated those who had come forth and commented on the request. He stated they were worth fighting for and went on to acknowledge how there was a possibility that the City could end up in the Supreme Court, but that was a risk he was willing to take. He believed the renters within the City needed support and he was prepared to do that. Council Member Moore thanked everyone who had come forth to speak. She went on to express how she had concerns and reservations. She understood the request had gone to the Attorney General and felt it had been very interesting that wording such as likely had been included in their opinion, which she felt did not shut the door fully, and that there was no case law and that an assumption was being made. She went on to explain how she did not feel that decisions should be rushed, and felt it did the community a disservice to repeal the ordinance without something to replace it. She felt that if the ordinance were repealed and the door closed on the conversation, that it would also close the door to possibility. She agreed that the Fayetteville residents were worth fighting for and having hard conversations for. She hoped tonight that her fellow colleagues would consider taking a pause and saying no to repealing the ordinance tonight, and work toward doing diligence and coming up with other solutions that could create some protections for the residents. Council Member Stafford spoke of how renters' rights mattered. He went on to reference a public comment that had been spoken regarding homeowners. He appreciated the comments of Council Member Moore and Dr. Jones, and went on to speak of how he was unsure of how he would vote. He stated that at some point, the ordinance would have to be repealed, whether that was tonight or later on. He stated they could try to work on alternatives and referenced the Housing Crisis Task Force and how they were working on suggestions as well. He believed everyone wanted to help the renters, but he did not want to throw money at a losing battle and waste taxpayer funds. He was committed to helping the City's renters and believed everyone on the City Council was as well. Council Member Turk responded to the public comment received regarding homeownership as well. She appreciated everyone coming to the meeting and expressing their concerns. She stated she would love to hear some creative solutions and ideas and believed there needed to be some habitability standards in Arkansas. She stated she would like to honor Council Member Moore and not take a vote on the request tonight, and to leave it on the first reading to see what could be done within the next few weeks. She felt it was very clear that if the topic was taken to the Supreme Court, the City would lose and waste a lot of time, energy and funds into fighting it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 17 of 19 Council Member Min. Jones appreciated those who had come forth and spoke on the request. She spoke of her personal experience in working with individuals who needed housing and how the cost of paying fees could get to be very expensive. She applauded Council Member Moore for bringing the ordinance forward and wanted to look at different alternatives because she understood how application fees impacted community members. Council Member Bunch stated she had heard a lot of good comments from the public tonight. She felt very conscientious about taxpayer dollars and was unsure if she could support going to court because she felt that might be a waste of taxpayer funds over something the City would not win. She went on to speak of how if the item were repealed tonight, or left on its current reading, the City could continue to work toward a new solution. Council Member Berna addressed the public comment that had been made in reference of homeownership to the City Council. He stated that the ordinance had been paused two weeks ago with the assumption that the Attorney General would give his interpretation, which the City Council now had. He stated that if the City Council repealed the ordinance, it would not stop them from trying to work towards something else. He felt that it was clear that the state would view the ordinance as illegal and that if the City were to fight it, it would be a waste of taxpayer funds. Council Member Wiederkehr appreciated those who had come out and voiced their opinion on the topic. He stated the ordinance had been passed in good faith, but felt there had been a pattern in Fayetteville succeeding in getting the attention of numerous state legislators. He felt it would take some brilliant, logistical insight to come up with something that could survive the City's current state legislature. He had no opposition to the item being held on its current reading. Council Member Dr. Jones stated he was not a fan of being frivolous with taxpayers' funds and wanted the citizens to know that he had their back, but he was conflicted due to whatever the City passed related to housing, there was the possibility of the state not supporting it. He stated he would support what Council Member Moore had suggested and hold the item on its current reading in an attempt to come up with different solutions. He felt that if the City Council repealed the ordinance tonight, what kind of message that would send to the citizens. Council Member Moore felt that having these types of conversations were helpful for the community and thanked her colleagues for being willing to let the item sit. She then spoke of state legislature and how she was frequently in Little Rock having conversations. She stated that citizens and anyone else in the state could reach out to the legislators to express their concerns and create additional conversation around the topic. City Attorney Kit Williams stated he was the sponsor of the request and felt that the item did not need to be passed tonight due to Ordinance 6800 not becoming effective until late March. He went on to explain how his goal as City Attorney was to not have the City break state law. He then referenced how himself and the Attorney General had not said the ordinance was illegal, due to judges being the only ones able to say something was illegal. He explained how he did not back away from litigation when there was a good chance and referenced how he had fought for the civil rights ordinance. He did not feel that a decision needed to be made tonight, he wanted everyone to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 18 of 19 think on the topic further and believed that eventually they were all going to have to come to the realization that the ordinance was almost certainly in violation of the state law. Council Member Stafford stated he supported leaving the item on its current reading. Mayor Rawn thanked those who had come forth to speak on the topic. She knew how much the matter impacted the community's livelihood and ability to live in Fayetteville. This ordinance was left on the first reading. Affirming Fayetteville as a Welcoming and Inclusive Community (Resolution): A resolution affirming Fayetteville as a welcoming and inclusive community for all residents. Mayor Rawn spoke of how she felt compelled to let the City Council know that she was very supportive of the item and believed it was important, particularly in today's climate. Council Member Moore requested that City Attorney Kit Williams read the resolution. City Attorney Kit Williams read the language of the resolution. Council Member Moore thanked City Attorney Kit Williams and Mayor Rawn. She spoke of the conversations she had had with the community and how it had been questioned where Fayetteville stood in these tumultuous times. She felt it was important that the City reaffirm what it knew to be true by saying yes to the resolution. She appreciated everyone for coming out and was happy to take any questions. Council Member Stafford stated he would like to make an amendment to the resolution. He spoke of how recent events had affected him personally to the point he had left the country. He stated that as of last Friday, transgender people, intersex people, non -binary people and queer people no longer existed to the federal government. He would like to amend the resolution to add transgender, non -binary, intersex and queer people to the first and sixth whereas clauses after immigrants and refugees, and after Section Two of the therefore' s after immigrant and refugee. There was a brief discussion amongst the City Council and City Attorney Kit Williams regarding the proper procedure for amendments and the motion currently on the floor. Council Member Stafford moved to amend the resolution to add language "transgender, nonbinary, intersex and queer people" to the first and sixth whereas clauses as well as in Section 2. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. The City Council received 24 public comments regarding this resolution. Mayor Rawn referenced a question that had been brought up regarding the Police Department. She clarified that the Police Departments responsibility was to enforce federal and state criminal 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 4, 2025 Page 19 of 19 laws, whereas immigration was a civil matter. The Fayetteville Police Department had stated they do not coordinate with ICE to enforce federal immigration law. Council Member Bunch moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 54-25 as recorded in the office of the City Clerk Announcements Keith Macedo, Interim Chief of Staff stated the City would be hosting a blood drive tomorrow on the Downtown Square and that the City's Recycling and Trash Department would be offering free wood chip mulch on Tuesdays and Thursdays. He then went on to state Mayor Rawn had issued a proclamation that February was Black History Month. Council Member Moore announced that the City currently had open vacancies for its Boards, Committees and Commissions. City Council Agenda Session Presentations: Sales Tax Report - Chief Financial Officer Energy Report - Environmental Director City Council Tour: None Adjournment: 9:40 p.m. Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 11, 2025 4:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Tentative Agenda February 11, 2025 MEETING INFORMATION: 1. WEBINAR ID: 862 5336 2161 PUBLIC REGISTRATION LINK:HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN KYBSY9JHT1AP8OYOQDCW W AGENDAITEMCOMMENT(c)-FAYETTEVILLE-AR.GOV CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT A.1. APPROVAL OF THE FEBRUARY 4, 2025 CITY COUNCIL MEETING MINUTES A.2. UNITED STATES POSTAL SERVICE (LEASE RENEWAL): A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025- 106) A.3. GREATER PRODUCTIONS, LLC. (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC. IN THE AMOUNT OF $1,056,513.00 FOR THE INSTALLATION OF SANITARY SEWER UPGRADES TO SERVE THE PARK HOTEL AND OTHER DOWNTOWN DEVELOPMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2025-177) A.4. ON CALL MATERIALS TESTING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01, SELECTION #1 AND APPROVE MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC., AND GTS, INC. AS PRIMARY PROVIDERS OF ON -CALL MATERIALS TESTING City of Fayetteville, Arkansas page 2 City Council Meeting Tentative Agenda February 11, 2025 SERVICES AS NEEDED THROUGH APRIL 30, 2026 (2025-134) A.S. ON CALL SURVEYING SERVICES (RFQ 25-01): A RESOLUTION TO AWARD RFQ #25-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH APRIL 30, 2026 (2025- 135) A.6. FAYETTEVILLE PUBLIC SCHOOL (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS IN THE AMOUNT OF $400,000.00 FOR THE EXTENSION OF EAST JOYCE BOULEVARD, AND TO APPROVE A BUDGET ADJUSTMENT (2025-169) A.7. 2025 TRANSPORTATION FEDERAL AID (GRANT APPLICATION): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS (2025-171) B. UNFINISHED BUSINESS B.1. REZONING-2024-0060: (818 S. WOOD AVE./BELASCO, 563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2025-88) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE SECOND READING B.2. REPEAL ORDINANCE 6800 (ORDINANCE): AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED (2025-136) AT THE FEBRUARY 4, 2025 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING C. NEW BUSINESS C.1. RECOGNIZING BLACK HISTORY MONTH AND TRAILBLAZERS (RESOLUTION): City of Fayetteville, Arkansas page 3 City Council Meeting Tentative Agenda February 11, 2025 A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH AND OFFICIALLY RECOGNIZING CERTAIN INDIVIDUALS AS BLACK HISTORY MONTH TRAILBLAZERS (2025-170) C.2. VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP LLC, 444): AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET RIGHT-OF-WAY (2025-150) C.3. PLANNED ZONING DISTRICT-2024-0008: (19 E. 19TH ST./THE FARM AT SOUTH SCHOOL, 602): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-008 FOR APPROXIMATELY 22.67 ACRES LOCATED 19 EAST 19TH STREET IN WARD 1 (2025-151) CA. APPEAL: PZD-2024-0005: (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-005 FOR APPROXIMATELY 44.0 ACRES LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD IN WARD 4 (2025-152) C.5. ADMINISTRATIVE ITEM (AMEND CHAPTER 51 —WATER AND SEWERS): AN ORDINANCE TO AMEND CHAPTER 51, WATER AND SEWERS OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR INCREASES IN WATER AND SEWER TAP CONNECTION FEES (2025-102) C.6. ADMINISTRATIVE ITEM (AMEND CHAPTERS 110, 116 & 118): AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND NETWORKS; § 116.02 DOOR TO DOOR SOLICITATION; AND § 118.02 ENTRY UPON BUSINESS REGISTRY AND ISSUANCE OF BUSINESS LICENSE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-104) C.7. ADMINISTRATIVE ITEM (AMEND CHAPTER 159 — FEES & CHAPTER 178 - MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY (2025-105) C.8. REQUEST FOR ADDITIONAL POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT (RESOLUTION): City of Fayetteville, Arkansas page 4 City Council Meeting Tentative Agenda February 11, 2025 A RESOLUTION TO AUTHORIZE THE ADDITION OF FOUR FULL-TIME EQUIVALENT POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THREE FULL-TIME EQUIVALENT POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT (2025-175) C.9. SUSPENSION OF THE RULES FOR ORDINANCE READING REQUIREMENT (RESOLUTION): A RESOLUTION TO AMEND RULE A.7.D. UNFINISHED BUSINESS AND NEW BUSINESS BY ADDING A NEW (3) SUSPENSION OF THE RULES PLACES THE ORDINANCE ON ITS THIRD AND FINAL READING (2025-176) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 5 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-106 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jared Rabren, Airport Director SUBJECT: Post Office Renewal and Commission Agreement and Approval of a Budget Adjustment RECOMMENDATION: The Aviation Division requests approval and signature of the Mayor for the renewal of a Lease agreement between City of Fayetteville and the United States Postal Service (USPS) and approval and signature of the Commission Agreement between City of Fayetteville and Jones Lang LaSalle Americas, Inc. (JLL), acting broker for USPS which includes a brokers fee to be paid by Drake Field and approval of a budget adjustment. BACKGROUND: Drake Field and the Postal Service have enjoyed a mutually beneficial relationship for the last twenty years. With the expiration of their most recent lease agreement, Airport Staff have negotiated a new agreement. DISCUSSION: The new five-year lease agreement remains largely unchanged from the previous arrangement, but includes a 36% increase in rent, and offers one additional five-year extension with a 5% increase, available in 2030. The Postal Service utilizes a 3rd Party broker to handle real estate transactions, as such all USPS contracts now include a contract with the broker and a commission fee, payable by the Lessor. BUDGET/STAFF IMPACT: UNITED STATES POSTAL SERVICE will pay $36,500 per year for five years, with the option to renew for an additional five years at $38,325 per year. Drake Field will pay a one-time commission fee of $7,300 — which has been built into the rental price — to JONES LANG LASALLE AMERICAS, INC. for brokering the agreement. ATTACHMENTS: SRF (#3) , BA (#4), USPS Lease - Greenland, AR (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-106 Post Office Renewal and Commission Agreement and Approval of a Budget Adjustment A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE.) ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a five-year lease agreement with the United States Postal Service., a copy of which is attached to this Resolution and made a part hereof, for space in the Airport Terminal Building located at 4500 South School Avenue for rent in the amount of $36,500.00 per year with an option to renew for an additional five year term for rent in the amount of $38,325.00 per year. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a commission agreement with Jones Lang Lasalle Americas, Inc. in the amount of $7,300.00 for brokering the lease, the cost of which has been offset by the increased rental rate. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Jared Rabren Submitted By City of Fayetteville Staff Review Form 2025-106 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/27/2025 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: The Aviation Division requests approval and signature of the Mayor for the renewal of a Lease agreement between City of Fayetteville and the United States Postal Service (USPS) and approval and signature of the Commission Agreement between City of Fayetteville and Jones Lang LaSalle Americas, Inc. (JLL), acting broker for USPS which includes a brokers fee to be paid by Drake Field and approval of a budget adjustment. 5550.760.3940-5314.00 Account Number Project Number Budgeted Item? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget Airport Fund Project Title I' $ 7,300.00 $ 7,300.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number AIRPORT SERVICES (760) /Org2 2025 Requestor: Dee Simpson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff requests a BA to cover cost of the Jones Lang LaSalle Americas, Inc. brokers fee in the amount of $7,300.00. COUNCIL DATE: 2/18/2025 ITEM ID#: 2025-106 Holly Black 713712025 10:11 ANI Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 7,300 7,300 v.202513 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5550.760.3940-4450.02 - 7,300 RE Rent/Lease - Rent - Terminal 5550.760.3940-5314.00 7,300 - EX Professional Services I of 1 (()0)JLL SUBJECT: GREENLAND - MAIN OFFICE (043663-002) Dear United States Postal Service Landlord, On behalf of the United States Postal Service ("Postal Service"), JLL is pleased to present the enclosed Lease Agreement for the above referenced property. Should you have feedback to the enclosed Lease Agreement, please contact me at 720-774-1626 or doug.smith@jll.com. The following instructions have been added for your convenience to help expedite lease execution: ■ Lease Agreement: o Sign each copy of the agreement where indicated. o Date each copy of the agreement on the designated line. o Signature(s) must be witnessed by two parties OR notarized. • Real Estate Conflict of Interest (COI) Certification Form: o Complete one COI form for each per person who signs the lease. Sign and date where indicated. ■ IRS Form W-9: o Complete items 1-7 where applicable, Part I, Part II, sign, and date where indicated. ■ Commission Agreement: o Sign name, print name, and date where indicated. ■ Entity Documentation: Provide documentation affirming the signator(ies) who have the authority to execute the lease. The names and official titles of the members/officers who are authorized to sign the lease must be written in the document provided. This information is required by the Postal Service. ■ Evidence of Title: Provide Deed/Certificate of Transfer of Title. **PLEASE SIGN AND RETURN THIS LEASE PACKET** Using the enclosed envelope, please mail all requested forms with original signatures. Please note that postage is required. Upon acceptance and execution by the Postal Service, an original executed Lease will be returned to you. Notice: All owners of record are advised to read the Lease thoroughly to ensure that each party is in agreement with the terms and conditions of this contract. Respectfully, Doug i W, 4 7 M//W/ Douglas Smith Transaction Management Jones Lang LaSalle (JLL) 1225 Seventeenth Street, Suite 1850 Denver, Colorado 80202 Mobile (720) 774-1626 Fax (312) 416-5184 Doug. Smith ONLL.corn www.JLL.com FACILITIES HEADQUARTERS JUUNITEDSTATES POSTAL SERVICE October 1, 2022 Dear Postal Service Landlord: The Postal Service awarded a National Contract for Real Estate Services to Jones Lang LaSalle Americas, Inc. (JLL) in April 2017. JLL has experience and expertise in real property transactions and will be providing real estate support services, including lease management and brokerage services. The contract with JLL became effective on April 21, 2017. This National Contract for our Real Estate Services Provider (RESP) entitles JLL to serve as the Tenant Representative on the behalf of the Postal Service for your leasing transaction. The Postal Service expects that you will pay a commission to the JLL representative for leasing services pursuant to a separate agreement between you and the JLL representative. The Postal Service understands that the rental rate may reflect this commission payment, along with other market -based factors. The Postal Service expects that the JLL representative will be respectful and professional in representing the Postal Service's interests and that you will work cooperatively with the JLL representative on the leasing transaction. We appreciate your cooperation in working with the Postal Service's Tenant Representative. If you have any questions, please contact Tim Kastens, JLL Contract Executive at 202-719-5749 or at Tim.Kastens@am.jll.com. Sincerely yours, Donald L. Mackey Director, Facilities Leasing (A) 7029 ALBERT PICK RD SUITE 300 GREENSBORO, NC 27409-0300 WVWV.USPS.COM Jan 27, 2025 COMMISSION AGREEMENT This Commission Agreement (this "Agreement"), made as of the last date written below, is between CITY OF FAYETTEVILLE ("Lessor"), and Jones Lana LaSalle Americas, Inc. ("Broker") as co -broker to Jones Lang LaSalle Americas, Inc. ("Agreement"), ("Agreement"), and confirms the terms under which Lessor will pay a real estate brokerage commission to Broker if a lease ("Lease") is executed by Lessor and the United States Postal Service ("Tenant") for that certain real property described as: GREENLAND MAIN OFFICE, 4500 S SCHOOL AVE STE P, GREENLAND, AR USPS Property ID 043663-002 Hereinafter, the "Property" 1. Lessor will pay Broker, and Broker will accept as its compensation for representing Tenant in connection with the Lease a commission equal to: Annual Rent Aggregate Lease Value Commission Rate Commission Amount Due $36,500.00 $182,500.00 4.00% $7,300.00 2. The commission will be earned 100% upon full execution of the Lease and will be paid to Broker within thirty (30) days. 3. The Aggregate Lease Value will include the initial rental to be paid by Tenant on all space leased by the Tenant and any fixed annual or other periodic bumps and/or fixed annual other periodic rent escalations occurring during the initial term of the Lease. The Aggregate Lease Value will not include any rental abatement, operating expenses and/or real estate taxes, any additional amounts paid by Tenant for services over and above those furnished by Lessor as part of the Lease, and option periods and/or lease terms beyond the initial term of the Lease. In no event shall the foregoing preclude Broker from receiving a commission for any extension, renewal, expansion or additional leasing in the event Tenant has engaged Broker to represent it. 4. Lessor agrees that it will not modify or in any way reduce the amount of Broker's commission hereunder. 5. This Agreement shall be construed under and in accordance with the laws of the state in which the Property is located. If either party institutes any action or proceeding against the other relating to the provisions of this Agreement, the unsuccessful party in the action or proceeding will reimburse the prevailing party all reasonable expenses, attorneys' fees, and disbursements. THE PARTIES HEREBY WAIVE TRIAL BY JURY. Delinquent payments hereunder shall earn interest at the rate of one -and - a -half percent (1.5%) per month from the date due until paid. Section 5. of the Commission Agreement is deleted in its entirety. 6. In the event of a sale or other conveyance of the Property by Lessor, any portion of the commission which has not yet been paid to Broker pursuant to this Agreement shall thereupon become due and payable by Lessor in full upon closing of the sale or conveyance of the Property, unless the buyer or new owner of the Property executes and delivers to Broker an agreement, reasonably acceptable to Broker, which assumes the obligation to pay the unpaid portion of the commission to Broker. If the foregoing occurs, then Lessor shall have no further liability for the unpaid portion of the commission. 7. This Agreement will continue to be in effect until the first anniversary of its full execution. If on the first anniversary the Lessor and Tenant are still negotiating for the Lease of the Property, to the extent not prohibited by law, this Agreement will be automatically extended until such negotiations cease, or a lease is fully executed. 8. Pursuant to applicable state code or statute, Broker reserves the right to file a lien on the Property to secure the commission due to Broker hereunder. 9. This Agreement constitutes the entire agreement between Lessor and Broker and supersedes all prior discussions, negotiations, and agreements, whether oral or written. No amendment, alteration, or withdrawal of this Agreement will be valid or binding unless made in writing and signed by both Lessor and Broker. This Agreement will be binding upon the successors and assignees of the parties. 10. Lessor acknowledges that a client fee share may be payable by Broker to Tenant, if allowed by applicable law. 11. Each signatory to this Agreement represents and warrants that it has full authority to sign this Agreement on behalf of the party for whom it signs, and that this Agreement binds such party. BROKER: Jones Lang LaSalle Americas, Inc. By: Name and Title LESSOR: CITY OF FAYETTEVILLE By: MOLLY RAWN, MAYOR Name and Title Dated: Dated: Listed below is the W-9 information currently on file. Please enter this same information into the new W-9, unless there is new/ updated information to be added instead. Form W-9 I Request for Taxpayer I Give form to the (Rev. March 2024) Identification Number and Certification requester. Do not Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. Internal Revenue Service Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) 2 Business name/disregarded entity name, if different from above. M 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to 0 only one of the following seven boxes. certain entities, not individuals; 0- c ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate see instructions on page 3): 0 _ ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Exempt payee code (if any) C 4-� Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax v classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o yi box for the tax classification of its owner. Compliance Act (FATCA) reporting a❑ Other (see instructions) code (if any) a� 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, �= v (Applies to accounts maintainedoutside and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if have foreign beneficiaries. See instructions ❑ the United States.) y you any partners, owners, or . . w5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other _ - M entities, it is your employer identification number (EIN). If you do not have a number, see How to get a or TIN, later. Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and m Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) UNITED STATES POSTAL SERVICE-mi Lease GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Lease (Multi -Tenant Form) County: Washington Lease: Q00000774563 This Lease, by and between CITY OF FAYETTEVILLE, ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the "Premises") located in a building having a street address of 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 (the "Building") situated upon the real property with an Assessor's Parcel Number of 765-13310-000 (the "Property"). The Premises consists of approximately 2,100 square feet of net interior space as shown cross -hatched on Exhibit A and additional space,if any, as shown on Exhibit C, each of which is attached hereto and incorporated herein by this reference. The Postal Service shall have the non-exclusive right in common with other tenants, if any, of the Building to use any and all stairways, halls, toilets and sanitary facilities, and all other general common facilities in the Building as well as appurtenances and easements benefiting the Premises and the Property, and all common sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, parking and other common areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon, the common areas, including, without limitation the sidewalks and parking areas, of the Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and/or its customers, as reasonably determined by the Postal Service. The Landlord has supplied the following systems and equipment: 1. Heating System 2. Air Conditioning System 3. Electrical Distribution System 4. Light Fixtures 5. Water Distribution System including hot water supply 6. Sewer or Septic System The maintenance of these items is governed by the Maintenance Rider USPS Responsibility -Partial attached to this Lease (the "Maintenance Rider"). 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall be for a period of 4 years, 11 months, and 15 days commencing on February 17, 2025 ("Commencement Date") and ending on January 31, 2030, unless sooner terminated or extended as provided herein. If this Lease is extended, then such extended period shall also be referred to herein as the "term." 3. RENT: The Postal Service will pay Landlord an annual rent of: $36,500.00 ("Rent"), payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: CITY OF FAYETTEVILLE March 2021 Page 1 of 2 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 % AVIATION & ECONOMIC DEV 4500 S SCHOOL AVE STE F FAYETTEVILLE, AR 72701-8016 Lease (Multi -Tenant Form) County: Washington Lease: Q00000774563 4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Period Annual Rent 02/01 /2030 01 /31 /2035 $38,325.00 provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 0 days before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term "lease" or "Lease" includes all of the following additional provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part of this Lease. • General Conditions to USPS Lease • Exhibit A (Legal Description of Property) • Exhibit B (Parking Area) • Exhibit C (Premises Area) • Utilities and Services Rider • Maintenance Rider Underground Storage Tanks Landlord Responsibility • Maintenance Rider USPS Responsibility (Partial) 6. TERMINATION: There shall be no early termination rights, except as otherwise provided in this Lease. 7. CONFLICT OF INTEREST. To avoid actual or apparent conflicts of interest, the Postal Service requires the certification set forth on the signature page from Landlord. The Postal Service will be relying on the accuracy of the statements made by you in this certification. If Landlord's certifications below are false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided below, then the Postal Service may exercise any or all of the following remedies: (i) withhold Rent and all other payments and reimbursements due or to become due under this Lease until Landlord remedies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. [Conflict of Interest/Signature Page Follows] March 2021 Page 2 of 2 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Conflict of Interest/Signature Page County: Washington Lease: Q00000774563 CONFLICT OF INTEREST CERTIFICATION BY LANDLORD LANDLORD: Please check all that apply in item A below and complete item B below if necessary. The undersigned certifies to the Postal Service as follows: A. (Check all that apply) Landlord is: (i) _ A Postal Service employee or a business organization owned or controlled by a Postal Service employee; (ii) The spouse of a Postal Service employee or a business organization owned or controlled by a spouse of a Postal Service employee; (iii) A family member of a Postal Service employee or a business organization owned or controlled by a family member of a Postal Service employee; (Relationship) (iv) An individual residing in the same household as a Postal Service employee or a business organization owned or controlled by an individual residing in the same house as a Postal Service employee; (v) _ None of the above. B. If you checked any of A (i) through (iv) above complete as applicable: (i) Postal Service Employee: (Name) (Title) (Location) (ii) Spouse who works for the Postal Service: (Name) (Title) (Location) (iii) Family member who works for the Postal Service: (Name) (Title) (Location) (iv) Household Member who works for the Postal Service: (Name) (Title) (Location) C. If you have checked "none of the above" and during the lease term or any renewal term, you do fall into any of the categories listed in A (i) through (iv) above, you must notify the Postal Service's Contracting Officer in writing within 30 days of the date you fall into any of the categories and shall include an explanation of which of the above categories now applies. The person signing this Lease certifies under penalty of perjury that he/she/they has full power and authority to bind the Landlord named below. Name: Witness Name: Witness LANDLORD NAME: CITY OF FAYETTEVILLE Signature: Print Name: MOLLY RAWN Title: MAYOR Date: Landlord's signature must be witnessed by two individuals, which shall sign where indicated above Telephone No: 479-718-7642 Office Email Address: jrabren@fayetteville-ar.gov & tkesner@fayetteville-ar.gov (Official notices under the Lease are delivered pursuant to Section 10(n) of the General Conditions to USPS Lease) POSTAL SERVICE: Signature: Print Name: TERRENCE BRENNAN Title: Contracting Officer Date: March 2021 Page 1 of 1 UNITED STATES `: POSTAL SERVICE. Exhibits Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 Exhibit A (Page 1 of 2) [Legal Description of Property] A portion of: The northern portion of the Fayetteville Municipal Airport Terminal Building, Drake Field, Highway 71 South, Fayetteville, AR. Q USPS Premises March 2021 Page 1 of 4 UNITED STATES `: POSTAL SERVICE. Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Exhibit A (Page 2 of 2) n, 70 2737 JNICIPAL AL Exhibits Page 2 (a) March 2021 Page 2 of 4 UNITED STATES POSTAL SERVICE: Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Exhibit B Parking Area (If Applicable) Intentionally Left Blank Exhibits March 2021 Page 3 of 4 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 Lease Defined Space Measurements Rentable SF: Total USPS Leased SF: Total Property Site SF: Exterior, Platform and Ramp: County: Washington Lease: Q00000774563 Exhibit C Premises Area Sq ft 2,100 2,100 2,100 70 Area Comments Intentionally Left Blank Common/Joint Use Area Parking and Maneuvering: Entrance, ext. walks: Exhibits Sq ft 5,000 500 March 2021 Page 4 of 4 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 1. APPLICABLE CODES AND ORDINANCES General Conditions to USPS Lease County: Washington Lease: Q00000774563 The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i) to comply with all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent enforceable against the Postal Service, and (ii) when the Postal Service or one of its contractors (other than Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements, or covenants in effect that would materially interfere with the Postal Service's ability to operate its operations, materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special assessments or other adverse physical conditions relating to the Property (provided that if the Premises has been previously occupied by the Postal Service, then Landlord's representation regarding adverse physical conditions relating to the Property is limited to conditions that Landlord is responsible to maintain, repair, replace or remediate under this Lease). The term "Landlord" as used herein shall mean only the owner or owners, at the time in question, of the fee title (or a tenant's interest in a ground lease) of the Property. b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at a time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment and other reasonable documentation, including without limitation, a W-9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and March 2021 Page 1 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the Postal Service and the successor landlord shall provide other reasonable documentation, including without limitation, a W-9 and the standard Conflict of Interest Certification form. If a transfer occurs due to the death or dissolution of the Landlord, the Postal Service may reasonably request such other documentation to evidence the transfer to, and ownership by,the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless the Postal Service with respect to any claims by other parties of ownership interest in the Premises or entitlement to the Rent. The Postal Service shall be entitled to continue to pay rent and give all notices to Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder, Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations occurring or accruing up to and including the date of such assumption by Landlord's successor, and the Postal Service shall be free to exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new leased space projects, this Lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 3. ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to a written request to sublease or assign from the Postal Service within 30 days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the Property); which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term, subject to the provisions of Section 4b below. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the March 2021 Page 2 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 Lease, remove any or all of its alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. [RESERVED] 6. INSURANCE a. Postal Service's Insurance. Landlord acknowledges that the Postal Service does not routinely purchase commercial insurance or maintain a separate account for potential claims, as is required to technically be considered "self -insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. §§1346(b), 2401(b), and 2671-2680. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §1005(c), the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non -governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the assignee and/or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. b. Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following insurance from an insurance company with a Best's rating of at least A- and a Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as "Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of insurance and either a premium bill evidencing Landlord's Insurance or a statement signed by Landlord's insurer confirming the date to which the premium has been paid in full, together with the appropriate form stating Landlord's insurance policy(ies) has been endorsed. (i) Liability Insurance. Bodily injury, personal injury and property damage insurance, naming the Postal Service as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage, arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000. Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at Landlord's option, carry insurance required under this Section under an umbrella policy or policies for coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with the requirements of this Section. (ii) Property Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire (extended coverage) and those perils included within the classification of "Special Form Causes of Loss" March 2021 Page 3 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 insurance (with other appropriate endorsements), which insurance shall be in the amount of at least 90% of the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined by insurance company appraisers or Landlord's insurance broker. (iii) Flood. Earthquake. and Tornado Insurance. Insurance covering loss or damage to the Premises and the Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with insurance carried by comparable property owners of comparable properties within the vicinity of the Property. 7. HAZARDOUS/TOXIC CONDITIONS CLAUSE a. Definitions. As used in this Lease, the following terms have the following meanings: "Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to protection of human health or the environment, including but not limited to (i) all laws relating to the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees; and (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. "Hazardous Materials" mean (i) any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. "Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response action (s) under applicable Environmental Laws. "Asbestos -Containing Material" (ACM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its knowledge and excluding any written disclosures made to the Postal Service: (i) the Property and Premises are free of Environmental Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the Premises or Property; (iii) there are no ACMs, radon, lead -based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or other communication from any party concerning any environmental condition, or violation or potential violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Laws regarding the Property or its March 2021 Page 4 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 vicinity defined herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after first becoming aware. c. Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, if after the Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal Service, the Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval from the Postal Service Contracting Officer of the Landlord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding, the Postal Service shall pay that portion of the costs of remediation of Environmental Contamination caused directly by the negligence of the Postal Service. (ii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants (" Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work, including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the seven business days after receipt. In addition, if requested by Postal Service, Landlord and Landlords Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents shall provide to Postal Service samples, copies of the results of on -site testing and visual inspections, and complete access to all samples and tests taken or conducted. (iii) If the Landlord fails to remove Environmental Contamination to the extent required by Environmental Law, or otherwise respond in accordance with Environmental Law, to any Environmental Contamination, with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the work (by contract or otherwise), and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the Rent and other payments and reimbursements due or to become due under this Lease for any period the Premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal Service determines that the Premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. If non -friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal March 2021 Page 5 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Landlord's sole cost and expense. (iv) Without limiting the foregoing, regardless of whether Landlord is required by this Lease to provide fuel for a heating system as set forth in the Utilities and Services Rider, any investigative and remediation cost associated with a release or suspected release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused by the negligence of the Postal Service, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's negligence. d. Landlord Indemnification of Postal Service. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses, damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of Environmental Contamination caused directly by the negligence of the Postal Service. e. Landlord Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. 8. FORCE MAJEURE In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a "Required Act"), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the weather for the March 2021 Page 6 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 time of performance of the Required Act with the average of the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the "Act"). b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or March 2021 Page 7 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting Officer. k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord shall in all events have an affirmative obligation to use reasonable efforts to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, if any, provided for in any workletter or other rider or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. In the event of substantial, material or unreasonable interference with the Postal Service's tenancy by Landlord or its agents or contractors, the Rent and other payments and reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move as well as the actual reasonable costs incurred in connection with the Postal Service's move back to the Premises after the interference ceases. b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Recording. Not Applicable d. Subordination, Non -Disturbance and Attornment Agreement. Not Applicable e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they March 2021 Page 8 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder. h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by a person with authority to bind each party i. [RESERVED] j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing inspections, maintenance or repairs that are the responsibility of Landlord under this Lease; provided that no inspections may occur during the Postal Service's peak season (November 1 of each year through January 31 of the following year) other than those necessitated by the sale or refinance of the Property. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any inspection, repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. I. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is an electronic signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required under this Lease, or any March 2021 Page 9 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 amendments, addendums, assignments, or other records associated therewith, may be transmitted by email or by fax and, once received by the party to whom such signatures were transmitted, shall be binding on the party transmitting its signatures as though they were an original signature of such party. n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (ii) by Priority Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). To Landlord at: With a copy to: CITY OF FAYETTEVILLE % AVIATION & ECONOMIC DEV 4500 S SCHOOL AVE STE F FAYETTEVILLE, AR 72701-8016 To the Postal Service at: Contracting Officer USPS Facilities Leasing West PO Box 5527 Denver, CO 80217-5527 With a copy to: Postmaster/Installation Head 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord. o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non -tax debts owed to the United States and the states and for delinquent child support payments. 11. FACILITIES NONDISCRIMINATION March 2021 Page 10 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http://about.usps.com/manuals/spp/html/spp10.htm or by searching www.usps.com. Clause 1-5, Gratuities or Gifts Clause 1-6, Contingent Fees Clause 9-3, Davis -Bacon Act' Clause 9-7, Equal Opportunity2 Clause 9-13, Equal Opportunity for Workers with Disabilities3 Clause 9-14, Equal Opportunity for VEVRAA Protected Veterans4 Clause 9-16, Employer Reports on Employment of Protected Veterans4 Clause B-25, Advertising of Contract Awards Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." ' For premises with net interior space in excess of 6,500 SF. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. March 2021 Page 11 of 11 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Maintenance Rider USPS Responsibility (Partial) County: Washington Lease: QU0000774563 Postal Service Responsibilities. The Postal Service shall maintain the Premises (including repair and replacement of items, if necessary), except for those items specifically made the responsibility of Landlord in Paragraph 3 below and damage resulting from, and to the extent of, the negligence of the Landlord's agents or employees (which portion of the damage arising directly from Landlord's negligence shall be the responsibility of the Landlord). The responsibility of the Postal Service as stated herein will be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep the Premises in proper condition during the Lease term. 2. Premises. The term "Premises" as used in this rider includes the Premises described in the Lease, the improvements and appurtenances to such Premises exclusively used by the Postal Service (including parking lots, driveways, sidewalks, and fencing), and all equipment and fixtures furnished, or to be furnished, by Landlord under this Lease. 3. Landlord Responsibilities. Landlord, except for damage resulting from, and to the extent of, the negligence of the Postal Service's agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), is responsible for maintenance of, repairs to, and, if necessary, replacement of: a. Common Areas. All common or joint use interior and exterior areas (including exterior painting), and common or joint use equipment and systems that may be included as part of this Lease. b. Structural Elements. All structural elements, exterior or interior wherever located on the Property, including but not limited to: the foundation; column supports; bearing walls; retaining walls; bridges; floors (but not including floor covering); and similar structural elements or features. c. Lighting Systems. All lighting systems, including all components thereof, such as, by way of example and not in limitation, ballasts, poles, and light fixture covers (but not light bulbs). d. Roof. All parts of the roof system including, but not limited to: the roof covering; flashing and insulation (including around any roof -top equipment); roof beams, joists, and deck; soffit and fascia; and gutters and downspouts. Landlord shall be responsible for the timely removal of snow and ice from the roof. Landlord will also be responsible for regular cleaning of all gutters, downspouts, troughs, scuppers, roof drains, etc. e. Pest Control. Inspection, prevention and eradication of termites and other wood -eating insects and any damage resulting therefrom. f. Construction Defects. Defects in building construction or installation of equipment, fixtures, or appurtenances furnished by Landlord. g. Casualty. Damage from Acts of God; acts of public enemy, riot or insurrection; and vandalism, and damages resulting from fire or other casualties. h. Well and Septic Systems. Any necessary replacement of any part or all of the well and septic systems, including lateral fields. If replacement of either system becomes necessary as a result of the failure of that system, Landlord remains responsible for providing an operating well system and septic system. Landlord is also responsible for any inspections of these systems required by governing bodies. Landlord is responsible for the permitting and routine maintenance of the well system and septic system, including any necessary pumping and cleaning of the septic system. While all or any part of such well or septic system is not functioning, Landlord shall provide, at Landlord's sole cost, risk and expense, potable water and sanitary facilities at the Premises and shall maintain the same in good working order until the well and septic system are functioning as required by the Postal Service. i. Utilities. All utilities, including all systems and structures and the components thereof which deliver such March 2021 Pagel of 3 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Maintenance Rider USPS Responsibility (Partial) County: Washington Lease: QU0000774563 utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, under floors and inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment needs. This also excludes interior sinks, toilets, electrical panels, electrical outlets, and HVAC units. j. Water Remediation. Inspection and remediation of recurring pooling and ponding water (interior and exterior) that interferes with the use and occupancy of the Premises or that is required under applicable codes and ordinances. k. Retention Ponds. Any retention ponds. I. Sink holes. Any sink holes and any damage resulting therefrom. m. Exterior Site Related Issues. All site related issues at the exterior of the Property, including but not limited to, damage caused by trees, overhanging branches, and roots (whether such items cause damage either on or off the Property) that interferes with the use and occupancy of the Premises or that is required under applicable codes and ordinances (but not including landscaping). 4. Completion of Maintenance, Repair, or Replacement by Landlord. a. If the Landlord is required to maintain, repair or replace something under this Lease, including, without limitation, this Rider, Landlord must perform all maintenance, repairs and replacements promptly and in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in the Postal Service's notice. If Landlord does not finish the maintenance, repairs or replacements within the time period set forth in the Postal Service's notice, then unless the Landlord requests more time, and the Postal Service grants more time using its reasonable judgment, then the Postal Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government, or (ii) terminate the Lease on a date specified by the Postal Service in the notice to Landlord. b. In the case of an emergency (as reasonably determined by the Postal Service), then notwithstanding the above provision, the Postal Service may give Landlord notice by phone or other method and may give such shorter notice as is practicable under the circumstances. Upon notice, Landlord must immediately start the maintenance, repairs or replacements and if Landlord fails to start such maintenance, repairs or replacements immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. c. In addition to any other remedies of the Postal Service, the Postal Service may abate Rent and all other payments or reimbursements due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use as a result of Landlord's failure to maintain, repair or replace as required by this Lease. Rent and all other payments and reimbursements due or to become due under this Lease will be abated in proportion to the impairment or loss of use as determined by the Postal Service. No exercise by the Postal Service of its right to rent abatement as stated above is intended to extend the time periods for the completion of any maintenance, repair or March 2021 Page 2 of 3 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Maintenance Rider USPS Responsibility (Partial) County: Washington Lease: Q00000774563 replacement set forth above. The remedies provided in this section are cumulative, non-exclusive, and in addition to any remedies available to the Postal Service under applicable law. 5. Health and Safety. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor. March 2021 Page 3 of 3 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Utilities and Services Rider County: Washington Lease: Q00000774563 Unless otherwise indicated below, the responsibilities of Landlord identified in this Utilities and Services Rider are a part of the Rent paid under the Lease and are not subject to reimbursement by the Postal Service. 1. HEAT Landlord pays all costs of fuel charges to the Premises. 2. ELECTRICITY Landlord pays all recurring electric bills. 3. WATER At all times, Landlord must ensure that there is potable water serving the Premises. If at any time the water provided to the Premises is not potable, then the Landlord shall furnish potable water in a quantity sufficient to serve the maximum number of postal employees located at the Premises on a regular basis, and shall ensure such potable water is available at all times. Landlord must pay for all recurring charges related to the provision of such potable water. The Premises are hooked up to a public water system. Landlord must pay for all recurring charges for such water services. EARM ATM 4:1 The Premises are hooked up to a public sewer system. Landlord must pay for all recurring charges for such sewer services. 5.TRASH Landlord is responsible for providing an appropriately sized (as determined by the Postal Service) exterior trash receptacle or receptacles for the Postal Service to use to dispose of trash from the Premises and for the emptying of such receptacle or receptacles used by the Postal Service. The receptacle or receptacles must be placed in a location acceptable to the Postal Service in its sole discretion, all at Landlord's cost. rem Men, Landlord is responsible for the timely (but in no event later than as required for owners of property in the local jurisdiction under local law) removal of snow and ice from the roof, the sidewalks, driveways, drive aisles, entrances, exits, parking and maneuvering areas, and any other areas providing access to the Premises for use by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.), all at Landlord's cost. 7. CUSTODIAL SERVICES Custodial Services for purposes of this Lease means the following: all duties considered necessary or desirable by the Postal Service to maintain cleanliness at the Premises and the Property. Custodial services include, but are not limited to the following tasks: vacuum and mop floors, empty trash containers, clean windows, sanitize bathroom fixtures and carry out any other tasks related to cleaning dirt and debris from the inside or the outside of a particular March 2021 Page 1 of 2 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Utilities and Services Rider County: Washington Lease: QU0000774563 building, including the parking areas, driveways, drive aisles, entrances, exits, sidewalks, lighting, and other exterior features. Custodial services do not include landscaping, or roof or gutter cleaning. The Postal Service is responsible for and payment of the costs of custodial services for the interior of the Premises and any exterior areas used exclusively by the Postal Service at such time and in such manner as the Postal Service considers necessary. Landlord is responsible for custodial services for any areas not exclusively used by the Postal Service at Landlord's cost. 8. LANDSCAPING Landscaping for purposes of this Lease means an exterior area devoted to or developed and maintained with plantings, decorative outdoor landscape elements, sculptures, benches, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding sidewalks, driveways, parking, loading or storage areas). The Landlord has responsibility for all landscaping, grass cutting or shrub trimming at its cost. March 2021 Page 2 of 2 Maintenance Rider UNITED STATES POSTAL SERVICE. Underground Storage Tanks Landlord Responsibility Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 a. The term "Underground Storage Tank" (UST) as used in this Lease rider, is defined as a tank system, including ancillary equipment (pipings and flanges, valves, pumps) connected to it, with ten percent or more of the USTs volume (including the volume of underground pipes connected thereto) below ground. USTs include underground heating oil tanks (where regulated by law) and all USTs associated with fleet vehicle operations. b. The Landlord is responsible for: (1) UST system maintenance, initial tank registration, applicable fees, reporting, tank and pipeline tightness testing, testing for soil and groundwater contamination, removal, replacement, upgrades, and closure. If the Postal Service requests tests additional to those required by federal, state, and/or local law, these tests will be completed, by the Landlord, at Postal Service expense. (2) Repairs or replacement resulting from any cause including, but not limited to, acts of God or a public enemy, or fires or other casualty, except to the extent such damage or casualty was caused by the negligence of the Postal Service agents or employees, in which event, a portion of the repairs or replacement required as a direct result of the negligence of the Postal Service agents or employees will be the responsibility of the Postal Service. (3) Any UST upgrades resulting from changes in federal, state, and/or local law, whichever is more stringent, except where additional upgrades are required by the Postal Service which exceed those required by the applicable federal, state, and/or local law. Such additional upgrades will be at Postal Service expense. (4) Any investigative or remediation cost associated with a release or suspected release of fuel from the UST system, except to the extent the release was caused by the negligence of the Postal Service agents or employees, in which event the portion of such costs directly arising from such negligence will be the responsibility of the Postal Service. (5) Expenses incurred by the Postal Service due to the failure of any element for which the Landlord is responsible. (6) Providing the Postal Service with copies of all UST system documents (including, but not limited to, test results and permits) within thirty (30) days of Landlord's receipt thereof. c. The Postal Service shall be responsible for UST system daily product input/output monitoring. d. If requested by the Landlord, the Postal Service will provide the Landlord with necessary documents (emergency action plan, etc.) which may be required by federal, state and/or local law for tank registration. e. When the Postal Service becomes aware of the need for effecting repairs, maintenance, upgrades, replacement, removal, closure, and/or clean-up activities for which the Landlord is responsible, the Postal Service will, except in emergencies (as reasonably determined by the Postal Service), give the Landlord a written notice thereof, specifying a time for completion of the work which is reasonable and commensurate with the nature of the work required. If the Landlord (or the mortgagee or the assignee, on behalf of the Landlord) fails to prosecute the work with such diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be granted at the sole discretion of the Postal Service) or fails to complete the work within said time, the Postal Service shall have the right to perform the work (by contract or otherwise) and recover the cost plus any March 2021 Page 1 of 2 Maintenance Rider UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Underground Storage Tanks Landlord Responsibility County: Washington Lease: Q00000774563 administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. In addition, the Postal Service, acting through the Postal Service Contracting Officer, may proportionally abate the Rent for any period the Premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable by reason of such condition. Alternatively, the Postal Service Contracting Officer may, if the Premises are determined to be unfit for occupancy, with reasonable discretion, cancel this Lease, without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to Postal Service under applicable law. March 2021 Page 2 of 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-177 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Greater Productions, LLC - Sewer Cost Share for Park Hotel and Other Downtown Developments RECOMMENDATION: Staff recommends approval of a Cost Share Agreement in the amount of $1,056,513.00 with Greater Productions, LLC for the installation of sanitary sewer upgrades to serve the Park Hotel and other downtown developments, approval of a project contingency in the amount of $100,000.00, and approval of a budget adjustment. BACKGROUND: A recent sewer study in the downtown area that was developed in response to multiple large development projects has identified a sewer capacity issue on the segment of line that runs west of West Avenue along Spring Street and then south to an existing line that was recently upsized and relocated as part of the development located at 612 W Center Street. (See Exhibit attached) The city's share of the cost of upgrades is recommended to be 50% in total; this percentage share represents roughly the ratio of existing flows to proposed flows once developments that are currently under review in the area are all contributing to the sewer main to be upgraded. The remaining 50% of this cost will be collected through this cost share and through the collection of development assessments relative to the proportional share of flow that each development contributes. DISCUSSION: The total cost of this sewer upgrade, including design, construction, and construction administration, is $1,176,518. The Park Hotel's proportional share has been calculated to be 10.2% of this cost, or $120,005. Under this agreement, Greater Productions, LLC, through its contractors, will design and install the sewer line upgrades, with reimbursement by the city at 89.8% of the costs. A contingency in the amount of $100,000 is also requested. This contingency will be used in the event that unforeseen site conditions require changes or additions to the work that increase the cost of the project and are deemed by staff to be the responsibility of the City. BUDGET/STAFF IMPACT: A budget adjustment is attached to move funds into the Water/Sewer Impact Fee Cost Sharing account. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3) , BA (#4), Greater Productions, LLC. (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-177 Greater Productions, LLC - Sewer Cost Share for Park Hotel and Other Downtown Developments A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC. IN THE AMOUNT OF $1,056,513.00 FOR THE INSTALLATION OF SANITARY SEWER UPGRADES TO SERVE THE PARK HOTEL AND OTHER DOWNTOWN DEVELOPMENTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, a recent sewer study in the downtown area that was developed in response to multiple planned large development projects has identified a sewer capacity issue on the segment of line that runs west of West Avenue along Spring Street and then south to an existing line that was recently upsized and relocated as part of the development located at 612 W Center Street; and WHEREAS, the City's share of the cost of upgrades is recommended to be 50% in total, which represents roughly the ratio of existing flows to proposed flows once developments that are currently under review in the area are all contributing to the sewer main being upgraded; and WHEREAS, the remaining 50% of this cost will be collected through this cost share and through the collection of development assessments relative to the proportional share of flow that each development contributes; and WHEREAS, Greater Productions, LLC has agreed to pay 10.2% of the total cost, which represents its proportional share of the upgrade impact, and has also agreed to be responsible for construction of the main. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a cost share agreement with Greater Productions, LLC with the amount of $1,056,513.00 to be paid by the City for the installation of sanitary sewer upgrades to serve the Park Hotel and other planned downtown developments, and further approves a project contingency in the amount of $100,000.00. 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 Resolution. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2025-177 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2025 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Cost Share Agreement in the amount of $1,056,513.00 with Greater Productions, LLC for the installation of sanitary sewer upgrades to serve the Park Hotel and other downtown developments, and approval of a project contingency in the amount of $100,000.00, and approval of a budget adjustment. Budget Impact: 5400.7 20.5 700-5815.00 Water & Sewer Account Number Fund 04039.2501 Water & Sewer Impact Fee Cost Sharing - Greater Productions Cost Share Project Number Budgeted Item? Yes Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 2,325,957.00 $ 2,325,957.00 $ 1,156,513.00 $ 1,156,513.00 2,325,957.00 V20221130 Previous Ordinance or Resolution # Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 WATER SEWER (720) 2025 Requestor: Tim Nyander BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a Cost Share Agreement in the amount of $1,056,513.00 with Greater Productions, LLC for the installation of sanitary sewer upgrades to serve the Park Hotel and other downtown developments, and approval of a project contingency in the amount of $100,000.00. COUNCIL DATE: 2/18/2025 ITEM ID#: 2025-177 Nolly Black 21312025 77:02 R171 Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 1,156,513 1,156,513 v.202513 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.720.5700-6602.30 - 1,156,513 04039 2501 RE Transfer from Fund - Impact Fee 5400.720.5700-6602.30 - (600,000) 04039 1 RE Transfer from Fund - Impact Fee 5400.720.5600-6602.30 - (464,000) 04039 1 RE Transfer from Fund - Impact Fee 5400.720.5700-5815.00 1,056,513 - 04039 2501 EX Improvements - Sewer 5400.720.5700-5911.99 100,000 - 04039 2501 EX Contingency - Capital Project 5400.720.4000-4999.99 - 1,064,000 RE Use Fund Balance - Current 2300.730.9300-7602.40 1,156,513 - 07004 4039.2501 EX Transfers To Funds - Water & Sewer Fund 2300.730.9300-7602.40 (1,156,513) - 07004 2 EX Transfers To Funds - Water & Sewer Fund I of 1 AGREEMENT FOR COST SHARE OF SANITARY SEWER IMPROVEMENT COSTS This Agreement, made and entered into on this 31 day of January 2025, by and between the City of Fayetteville, Arkansas ("City") and Greater Productions, LLC (with related entities The Park Hotel, LLC, and Reindl Properties, Inc) ("Owner"), witnesseth: WHEREAS, Owner is currently constructing the rerouting of the Greenway trail, parking for the Metro District and a hotel at 215 W. Spring Street; and WHEREAS, Owner's development partially requires the increase size of a sanitary sewer line on site and downstream of the development; and WHEREAS, Owner will be constructing these improvements through a grading permit issued by the City and the quote for construction of the sewer line is attached hereto as Exhibit A and made a part hereof, and WHEREAS, Owner's proportional impact on the City's sewer infrastructure, and therefore its responsibility for the cost of upsizing the sewer line, has been calculated at 10.2% of the total cost which is estimated to be $1,176,518; and WHEREAS, upsizing the line is necessary to provide sanitary sewer service to this and three other large projects in the area and the City will seek reimbursement as those projects proceed to development. The City will not delay inspections, approvals, or acceptance of the work or withhold payment pending agreements or development progress from other projects. NOW, THEREFORE, the City of Fayetteville, Arkansas and Greater Production, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Owner an estimated $1,056,513 which represents 89.8% of the cost of the work describe in Exhibit "A", attached. B. Reimbursement is an estimate and does not include unforeseen scope that could be encounter during the construction of this work. The City of Fayetteville will consider, on a case -by -case basis, reimbursement for any additional costs to rectify the unforeseen or out of scope additions to the project within any project contingency approved by the Fayetteville City Council. C. Payments due to Owner, shall be remitted within thirty (30) days after receipt of valid invoices, and pending successful inspection and acceptance of the phased completed work by the City of Fayetteville Engineering Division. The milestone phases include: Page 1 of 3 a. Payment in the amount of 20% at the time of completion of the first (north) section North South underground (sanitary and storm sewer) scope of work that goes from Reindl Properties property line to the new turning circle on the east. b. Payment in the amount of 30% at the time of completion of the East West underground (sanitary and storm sewer) scope of work that goes from West Avenue to the new turning circle on the east. c. Payment in the amount of 20% at the time of completion of the second (south) section North South underground (sanitary and storm sewer) scope of work that goes from that goes from Reindl Properties property line, south through the adjacent property to the point of connection. d. Final remaining amount of 30% upon completion of the North South backfill, paving, and other repairs do to the scope of work that goes from the new turning circle on the east, south through the adjacent property to the point of connection. D. Authorize the construction of the sewer line for the Phase 1 — B ("offsite sewer replacement') in the current location within the existing utility easement or right of way on the adjacent property owned by the Metro Lofts Homeowner's association. 2. Owner agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary to complete the work shown on Exhibit "A", in accordance with the City of Fayetteville Standard Specifications, and City Standard Details, both of which are available at http://www.fUetteville-ar.gov/445/En ing eering- Specs-Details. B. Provide a copy of the invoices from the Contractor(s) upon completion and City approval of the street improvements described in Exhibit "A". C. Pay for the sewer improvements (with reimbursement of 89.8% of the cost by the City of Fayetteville). 3. It is further understood that the contract for construction is between Owner and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for Owner. The City's only obligation shall be to participate in this agreement and pay 89.8% of the cost with a not -to -exceed amount of $1,056,513, plus any project contingency approved by the Fayetteville City Council, for the sewer improvements. Page 2 of 3 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: Greater Productions, LLC By: 75v,�', i4%4-kt. Brian Reindl, Manager ATTEST: Lm CITY OF FAYETTEVILLE, ARKANSAS I0 MOLLY A. RAWN, Mayor ATTEST: m. Kara Paxton, City Clerk -Treasurer Page 3 of 3 EXHIBIT A Vicinity Map Not to Scale si 4► �,�± f, -4 R->- r r I > �v a V Poo 220 . 1 406 a�vcP ® t VCP 86' 0 30' eAp.� I A % .N > i s 41 --'� ,. 146 r A i 'A/ EXHIBIT B Cost Model Development Budget Date: 10 December 2024 - revised 30 January 2025 Cost Code Hard Costs 80% 20-10 Construction Contract Scope A - Off -site underground sanitary sewer upgrade 20-30 Offsite Engineering, inspections and testing - Olsson Engineering Sanitary Sewer Main Upgrade Demolition of existing aspault Excavation Pump around existing sewer flow Remove existing sanitary sewer main Provide and install with 24" sanitary sewer main 344 if Replace existing manholes with 5' manholes 2 units Survey Erosion Control Backfill Repair paving and curb Scope B - Metro & Park Hotel underground sanitary sewer upgrade Sanitary Sewer Main Upgrade Demolition of existing aspault Excavation Flowfill existing 12" sanitary sewer main Provide and install with 18" SDR sanitary sewer main from existing manhole to new cast inplace manhole 262 if Provide and install 36" steel encasement with anodes 134 if Stormwater Sewer Replacement Remove existing 4 8 " RCP and replace with 4 8 " HP 164 if SUBTOTAL HARD COSTS Soft Costs 20% Design and Construction Administration - 20-30 Onsite Engineering 140 Development and Management 40-10 Developer Fee 40-15 Insurance 40-50 Project Administration 40-60 Development Expenses Underground Utility Cost Sharing USES TOTAL COSTS SOURCES W W Metro / Park Hotel (South Hotel) City of Fayetteville Cost of Work $ 51,755 $ 441,855 $ 28,500 $ 6,800 $ 4,200 $ 310,837 $ 97,267 $ 941,214 SUBTOTAL SOFT COSTS $ 235,304 $ 1,176,518 10.2% $ 120,005 89.8% $ 1,056,513 Two Trout, LLC Project Development 1of1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-134 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager SUBJECT: Approval of a resolution to award RFQ 25-01, Selection #1 to McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2026 RECOMMENDATION: Approval of a resolution to award RFQ 25-01, Selection #1 to McClelland Consulting Engineers, Inc Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2026. BACKGROUND: As part of each of the City's street, drainage, water and sewer projects, a materials testing lab is contracted to perform materials testing for the design and construction. The testing includes asphalt, gravel base, concrete and various other materials used during the construction of these projects. The testing is done to ensure that the materials and the installation meet the City requirements and the project's specifications. DISCUSSION: An engineering selection committee selected McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. to be used for on -call materials testing services for street, drainage and utilities projects through April 30, 2026. BUDGET/STAFF IMPACT: Funds for the material testing have been budgeted in various capital projects with the Sales Tax Capital Improvements Fund, the Transportation Bond Fund, Drainage Bond Fund and the Water and Sewer Fund. ATTACHMENTS: SRF (#3) , FY Construction Materials Laboratory Fee Schedule - 2025 (#4), GTS Unit Rate Sheets (#5), Field Rate Services (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-134 Approval of a resolution to award RFQ 25-01, Selection #1 to McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2026 A RESOLUTION TO AWARD RFQ #25-01, SELECTION #1 AND APPROVE MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC., AND GTS, INC. AS PRIMARY PROVIDERS OF ON -CALL MATERIALS TESTING SERVICES AS NEEDED THROUGH APRIL 30, 2026 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01, Selection #1 and approves McClelland Consulting Engineers, Inc., Olsson, Inc., and GTS, Inc. as primary providers of on -call materials testing services for the rates attached to this Resolution and based on availability as needed through April 30, 2026. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2025-134 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/23/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a resolution to award RFQ 25-01, Selection #1 to McClelland Consulting Engineers, Inc Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2026. Budget Impact: Account Number Project Number Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Does item have a direct cost? Is a Budget Adjustment attached? Available Budget No Item Cost No Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: 1580 East Stearns Street McCLELLAND Fayetteville, Arkansas 72703 ffl"CE� CONSULTING 479-443-2377 a, mun-mr-wrim ENGINEERS, INC. CTTP Lab No. 914810 www.mce.us.com CONSTRUCTION MATERIALS LABORATORY FEE SCHEDULE 2025 GENERAL: CMT Technician $ 65.00 per hour Senior CMT Technician 75.00 per hour CMT Supervisor 155.00 per hour Geotechnical/CMT Specialist 130.00 per hour Engineering Technician/EIT 130.00 per hour Laboratory Supervisor 85.00 per hour Geotechnical Engineer 140.00 per hour Construction Observation 100.00 per hour Project Engineer 135.00 per hour Geotechnical Project Manager 115.00 per hour Principal Geotechnical Engineer 175.00 per hour Administrative Assistant 77.00 per hour Mileage 0.75 per mile SOILS: CMT Technician Field Testing* 65.00 per hour Senior CMT Technician Field Testing* 75.00 per hour *Density Testing -Nuclear Gauge (ASTM D 2922/ AASHTO T310), Sample Pickup, or Stand-by Time Nuclear Density Gauge Fee: (per Density Test); [Minimum $15.00 per trip, per project] 18.00 each Atterberg Limits Test (3-point) (ASTM D 4318 / AASHTO T89, T90) 65.00 each Soil Sieve Analysis w/ No. 200 Wash (ASTM D 422, D 1140 / AASHTO T88) 100.00 each Soils Classification: Atterberg Limits & Sieve Analysis 155.00 each Standard Proctor Test ASTM D 698 or AASHTO T 99(includes Soils Classification) 415.00 each Modified Proctor Test ASTM D 1557 or AASHTO T 180(includes soils Classification) 465.00 each California Bearing Ratio (CBR) ASTM D 1883/ AASHTO T193 400.00 each ***Additional Soil Testing Procedures Available On Request*** CONCRETE/AGGREGATE Concrete Mix Design Price on Request Review Concrete Mix Design Submittal 155.00 per hour CMT Technician Concrete Field Testing* 65.00 per hour Senior CMT Technician Concrete Field Testing* 75.00 per hour *(1-hour minimum): [For any of the following 6 items:] • Concrete Cylinder, Grout, Mortar or Beam Molding • Concrete Cylinder or Beam Pickup • Concrete Slump Test ASTM C143 / AASHTO T119 • Concrete AirContent Test ASTM C 231 orC 173 / AASHTO T 152 • Cement Mortar or Grout Sampling • Stand-byTime • Unit Weight and Yield of Freshly Mixed Concrete ASTM C 138 / AASHTO T121 • Sample Pickup, Transporting, and Processing/Placement Into Curing Compressive Strength of Concrete Test Cylinders C 39/T22 (pad capped) 25.00 each Compressive Strength of Concrete Test Cylinders C 39/T22 (sulfur capped) 35.00 each Spare Cylinders Specimens Processed, Stored & Cured but not Tested 25.00 each Schmidt Hammer Testing (Engineering Technician) 130.00 per hour *ACI Grade I Concrete Field Testing Technician Page 1 of 2 1580 East Stearns Street McCLELLAND Fayetteville, Arkansas 72703 ffl"CE� CONSULTING 479-443-2377 a, mun-mr-wrim ENGINEERS, INC. CTTP Lab No. 914810 www.mce.us.com CONSTRUCTION MATERIALS LABORATORY FEE SCHEDULE 2025 CONCRETE/AGGREGATE (Continued) Flexural Strength of Concrete Beams ASTM C 78 or C 293 50.00 each Spare Beam Specimens Processed, Stored & Cured but not Tested 40.00 each Compressive Strength of Grout Cubes/Prisms 40.00 each Compressive Strength of Cement Mortar Cubes 25.00 each Concrete Coring (4" diameter): Core Machine & CMT Technician 115.00 per hour Compressive Strength of Concrete Cores (4" diameter) 40.00 each Other Core Sizes (sampling and testing) Price on Request Concrete Fine Aggregate Gradation (AASHTO T11 and T27) 125.00 each Concrete Coarse Aggregate Gradation (AASHTO T11 and T27) 125.00 each Aggregate Specific Gravity Testing ASTM C 127,C 128 / AASHTO T84, T85 150.00 each Class 7 Aggregate Gradation (AASHTO T11 and T27) 250.00 each ARDOT Class 7 Sounding 25.00 each 'Additional Concrete/Aggregate Testing Procedures Available On Request*** ASPHALT: Asphalt Mix Design (Marshall Design Method) Price on Request Review Asphalt Mix Design 155.00 per hour CMT Technician Asphalt Field Testing* 65.00 per hour Senior CMT Technician Asphalt Field Testing* 75.00 per hour *In -place Spot Check Density Testing, Sample Pickup, or Stand-by Time Superpave Laboratory Analysis (Gmm, Gmb, AC Content, Air Voids, Gradation) 650.00 each Marshall Laboratory Analysis (Gmm, Gmb, AC Content, Air Voids, Gradation) 750.00 each Laboratory Density of Cored Samples including Thickness Measurement** 35.00 each Asphalt Coring Machine & CMT Technician** 140.00 per hour **Testing and Sampling of 4" or 6" diameter cores SPECIAL INSPECTIONS: Spray -Applied Fire Resistant Material/Intumescent Coating Testing 130.00 per hour Structural Steel/Welding Inspection by CWI 100.00 per hour Non-destructive Testing on Welds (UT, MT, or Radiographic) 110.00 per hour Post -Tension Inspection 140.00 per hour Firestop/Fire Penetration Inspection 135.00 per hour Services Not Listed are Available on Request All prices are subject to revision each year Page 2 of 2 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Arkansas Office GTS, Inc. Fayetteville, Effective January 2025 Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) Moisture - Density Standard Proctor AASHTO T99, $160.00 Relationship ASTM D698 Moisture - Density Modified Proctor AASHTO T180, $185.00 Relationship ASTM D1557 Moisture Content Moisture Content of soils ASTM D2216 $10.00 AASHTO T-89, Atterberg Limits Atterberg Limits 3 Point Wet Preparation AASHTO T-90, $75.00 ASTM D 4318 ASTM C136 ASTM Washed and dried sieve used for soil classification C117 Sieve Analysis $75.00 determination (< 5 Ibs) AASHTO T27 AASHTO T11 ASTM C136 ASTM Washed and dried oversized sieve (greater than 5 C117 Sieve Analysis $150.00 Ibs) AASHTO T27 AASHTO T11 Sieve Analysis Fine Particle Size Distribution Using the AASHTO T 88 (Hydrometer) Sedimentation (Hydrometer) Analysis ASTM D 422 $130.00 ASTM D 7928 Specific Gravity and Determination of Specific Gravity and Absorption ASTM C127 AASHTO T84 / $60.00 Absorption of Fine or Coarse Aggregate ASTM C128 California Bearing Evaluating the potential strength of subgrade, Ratio (CBR) 3-point subbase, and base course material, for use in ASTM D 1883, $300.00 method road and airfield pavements. AASHTO T 193 Page 1 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Arkansas Office GTS, In Fayetteville, Effective . January 2025 Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) Obtain a measure of compressive strength for ' Unconfined Compressive soils that possess sufficient cohesion to permit ASTM D 2166, $100.00 Strength Testing testing in the unconfined state AASHTO T 208 Triaxial testing** Unconsolidated - Undrained (UU) AASHTO T 296, $375.00 ASTM D 2850 Triaxial testing** Consolidated - Undrained (CU) AASHTO T 297, $500.00 ASTM D 4767 Triaxial testing** Consolidated - Drained (CD) ASTM WK 3821 $750.00 Soil Consolidation Determining the magnitude and rate of ** (One- consolidation of soil when it is restrained laterally ASTM D 2435, $300.00 Dimensional, and drained axially while subjected to AASHTO T 216 Interval Loading) incrementally applied controlled -stress loading. Permeability Laboratory Measurement of Hydraulic Testing (Flexible Conductivity ASTM D5084 $300.00 Wall)** ** sample prep or remolding NA $75.00 Page 2 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Arkansas Office GTS, In Fayetteville, Effective . January 2025 Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) Cr This test assigns an empirical value to the relative amount, fineness, and character of claylike Sand Equivalency material present in the specimen. ASTM D 2419, $450.00 Test AASHTO T 176 Soundness of Standard Test Method for Soundness of ASTM C 88, $500.00 Aggregates Aggregates by Use of Sodium Sulfate AASHTO T 104 Coring and sampling of in plae asphalt including backfilling with grout ASTM C 131 LA Abrasion $650.00 AASHTO T 96 I Deleterious determination of friable particles, clay lumps, Material and soft fragments in an aggregate NA $50.00 Determination Standard Test Method for One -Dimensional Swell Swell Test ** (One- or Settlement Potential of Cohesive Soils ASTM D 4546, $300.00 Dimensional) AASHTO T 216 Soil Stabilization using fly ash, cement and lime to stabilize soils NA call for quote ***For any soils and aggregate lab testing not listed please call for quote*** Laboratory . . Compressive Curing, Storing and Testing (Pad Capping) 6" x 12" ASTM C 39, ASTM $25.00 Strength of cylinders C1231, ASTM C511 Cylinders Laboratory Compressive Curing, Storing and Testing (Pad Capping) 4" x 8" ASTM C 39, ASTM $15.00 Strength of cylinders C1231, ASTM C511 Cylinders Page 3 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Arkansas Office GTS, In Fayetteville, Effective . January 2025 Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) Laboratory Flexural Strength of Beams Curing, Storing, Measuring and Testing ASTM C 78, ASTM $45.00 (per beam) C511, ASTM C1542 Laboratory Compressive Curing, Storing and Testing (sulfur Capping) ASTM C 42, ASTM $50.00 Strength of drilled C 39, ASTM C617 cores Saw cutting Saw cutting ends of contractor formed cylinders cylinders and to achieve a perpendicular surface (per end) NA $10.00 drilled cores Petrographic Microscopic analysis of hardened concrete ASTM C 457 Call for Quote Analysis Laboratory Compressive Curing, Storing and Testing (Pad Capping) 6" x 3" Strength of Grout x 3" prisms ASTM C 1019 $30.00 Prisms Laboratory Compressive Curing, Storing and Testing (Pad Capping) 2" x 2" ASTM C 109 $20.00 Strength of mortar x 2" cubes cubes This test methods provides various testing Laboratory testing procedures of concrete commonly used for evaluating characteristics of ASTM C 140 Call for Quote masonry units concrete masonry units and related concrete units. • = Laboratory testing Laboratory Testing of asphalt cores for specific AASHTO T-166 $35.00 . of Asphalt Cores gravity (density) Laboratory Density - • • • of Fireproofing Laboratory determination of SUM density ASTM E 605 $150.00 each density) Page 4 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office Effective January 2025 Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Materials Testing Technician performing in AASHTO T310, Soil Density Testing $65.00 place soil densities I ASTM D6938 Soil/Aggregate On site sampling of soils and aggregates AASHTO T2, 1 $65.00 Sample Pickup for laboratory testing I ASTM D 75 $15 Gauge Fee Per Trip NA Proofroll and Engineering observation of on site soils Undercut prior to placement of fill material or after NA $125.00 NA Observation undercut has been completed AASHTO T23, • T119, T141, Field Concrete T152, T309, Atterberg Limits 3 Point Wet Preparation $65.00 NA Testing ASTM C31, C143, C172, C231, C1064 Concrete Cylinder Retrieving concrete test specimens made Pick up (per set NA $35.00 NA charge) by GTS or by the client Concrete Rebound Assess the in -place uniformity of concrete Hammer (Schmidt ASTM C805 $125.00 $15.00 and to estimate in -place strength Hammer) Page 5 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office Effective January 2025 Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Concrete Coring Coring and sampling of hardened concrete AASHTO T24 and Sampling I including backfilling with grout I ASTM C42 $65.00 $250.00 Concrete maturity Placement and downloading of maturity $50.00 per site and temperature and temperature information and ASTM C1074 $125.00 visit testing equipment Concrete maturity and temperature Field Sensors ASTM C1074 $125.00 $50.00 Per Test sensors (per sensor fee) Evaluating and providing statistical (and Floor Flatness .02 per square graphical) information concerning floor ASTM E1155 $125.00 Determination foot surface profiles Concrete Floor Obtaining a quantitative value indicating Vapor Emission the rate or moisture vapor emission from ASTM F1869 $125.00 $35 per kit Testing a concrete floor Concrete Ph testing Evaluating the Ph of concrete floors ASTM F710 $125.00 $10 per kit Concrete mortar Time of setting concrete by means of time of setting ASTM C403 $125.00 $150.00 penetration resistance method testing Concrete Floor $50.00 per site Quantitative determination of percent Relative Humidity ASTM F2170 $125.00 visit and $50.00 relative humidity in concrete slabs Insitu Testing per Sensor Test Page 6 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office Effective January 2025 Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services AASHTO T23, On site sampling, testing and making grout T119, T309, Field Grout Testing test specimens of freshly mixed grout ASTM C1019, $65.00 NA C143, C1064 Field Observation Visual observation of CMU reinforcing, of CMU Block Wall NA $125.00 NA Construction joint placement, bond beams etc. This test assigns an empirical value to the relative amount, fineness, and character Field Mortar of claylike material present in the ASTM C1714 $65.00 NA Testing specimen. Asphalt Rolling Evaluation of density with passes of Pattern compaction equipment of fresh hot mix ASTM D2950 $75.00 $15 Gauge Fee asphalt Coring and sampling of in plae asphalt ASTM D979, including backfilling with grout AASHTO T168 Asphalt coring and $65.00 $100.00 Per Site sampling Visit Observation of straight shaft Observation of soil type, depth, drilled piers reinforcing bars, bearing capacity, etc. NA 1 $125.00 1 NA Page 7 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 GTS, Inc. Fayetteville, Arkansas Office Effective Geotechnical & Testing Services January 2025 Field Materials Testing Services (please call for unlisted items) Observation of Geopier Observation of soil type, depth, NA $125.00 NA compactive effort, bearing capacity, etc. foundations Observation of retaining wall Observation of retaining wall construction NA $125.00 NA installation Observation of soil bearing capacity for Observation of soil types and bearing NA $125.00 NA foundation capacity elements Observation of reinforcing bars for Observation of size, number and NA $125.00 NA foundation and placement of reinforcing bars structural elements Observation of driven pile Observation of driven piles, number of NA $125.00 NA blows, pile size, etc. foundations Observation of soil Observation of soil nails, bar size, bar NA $125.00 NA nail reinforcement length, grout type and strength, etc. Observation of observation of micropiles, bar size, bar micropile NA $125.00 NA length, grout type and strength, etc. foundations Observation of Post observation of installation and tensioning Tension concrete NA $125.00 NA of post tension cables systems Page 8 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 GTS, Inc. Fayetteville, Arkansas Office Effective Geotechnical & Testing Services January 2025 Field Materials Testing Services (please call for unlisted items) Paint Thickness Gauge per day Fireproofing observation of fireproofing for thickness, ASTM E605 $125.00 $100.00 / Observation density and cohesion Adhesions $40.00 per Test / Density 60.00 per Test Principal Professional Professional Engineer services in the field NA $175.00 NA or report writing Engineer Staff Professional Professional Engineer services in the field NA $150.00 NA Engineer or report writing Intern -Engineer Intern engineer services in the field or NA $125.00 NA report writing Certified Welding Code compliance, visual and ultrasonic Varies $150.00 NA Inspector (CWI) weld inspection, bolt inspection, impact wrench calibration, etc. Reinforcing Bar Varies $150.00 $250 per half day Locating Locating reinforcing bars, conduits, post tension cables, etc. in concrete slabs Skidmore Wilhelm Tension Calibrator Varies $150.00 $40.00 Torque Multiplier Used in conjunction with torque wrench NA $150.00 $100.00 for high strength bolt testing Torque Wrench Used for testing torque of high strength Varies $150.00 $20.00 bolts Page 9 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office Effective January 2025 Field Materials Testing Services (please call for unlisted items) Ultra Sonic Testing I Phased UT Machine Mag Particle Mag Particle Yoke Testing x-ray services I x-ray of structural welds GTS, Inc. Geotechnical & Testing Services Varies 1 $150.00 1 $300.00 Varies $150.00 $100.00 Call for Varies Quote upon request Used to check the suitability and allowable Bolt Pulling Test loads of an anchor type and check they Varies $150.00 Varies by Project have been installed correctly Impact Echo Using sound waves to determine flaws NA $175.00 $250.00 Services I and/or thicknesses in concrete structures Using radar to locate, reinforcing bars or Ground Penetrating conduits in concrete, underground NA $150.00 $250 per half day Radar utilities, underground structures or tanks, etc. Sonic Echo Impulse Non -Destructive method of determining Response length and integrity of concrete NA $175.00 $1,000.00 foundations Page 10 of 11 1915 N. Shiloh Drive Fayetteville, Arkansas 72704 Fayetteville, Arkansas Office January 2025 office 479-521-7645 fax 479-521-6232 Effective Field Materials Testing Services (please call for unlisted items) FUR Infrared Infrared imaging of building components NA Camera Imaging using a Flir E60 camera Portal to portal rates to and from the GTS, Mileage Inc. office to the jobsite. Based on current NA g IRS Rate plus 5% (minimum $40.00 fee per trip). GTS, Inc. Geotechnical & Testing Services $150.00 1 $400.00 Based on published current IRS government mileage rates plus 5% (minimum $40 fee) Report Preparation and Review (Per Report) Administative costs for distribution. (Technician reports and Associated Lab field reports only) NA $20.00 NA 10% Will be added to all invoice subtotals Project for Project Management, Dispatch, and NA 10% NA Management Fee Administation Work requested to be performed on Saturdays or prior to 6:00am and after 6:00pm Monday through Friday will be billed 1.5 times the normal hourly rates listed above. Overtime, Sunday testing will be Double and Holiday will be Triple the normal hourly rates. Weekend, and Any test scheduled between 6:00pm to 5:00am but not performed by no fault of GTS Holiday Rates will be charged a premium charge of $200.00 for the cancellation (in addition to Mileage and Travel Time if onsite). Minimum Time There is a Minimum charge of 1 hour on site time and .5 hour travel time Charge Page 11 of 11 olsson 2025 Field Operations Services Unit Rate Schedule Special Inspections and Construction Materials Testing Services Testing Services (3-Hour Minimum) FieldTechnician................................................................................................Hour $75.00 Senior Technician..............................................................................................Hour $85.00 Steel Technician................................................................................................Hour $105.00 FieldManager....................................................................................................Hour $100.00 Project Manager / Project Engineer...................................................................Hour $160.00 Senior Project Manager / Senior Engineer .........................................................Hour $220.00 Administrative Coordinator.................................................................................Hour $75.00 Mileage..............................................................................................................Mile $0.85 Laboratory Testing Services Aggregate Testing Abrasion - LA Machine......................................................................................Each $500.00 Atterberg Limit (Plasticity Index).......................................................................Each $125.00 Bulk Density (Unit Weight) and Voids...............................................................Each $110.00 Deleterious - Clay Lumps and Friable Particles ................................................Each $190.00 Deleterious - Flat & Elongated Particles............................................................Each $375.00 Deleterious - Lightweight Particles....................................................................Each $230.00 Deleterious - Organic Impurities........................................................................Each $140.00 Material Finer than No. 200 Sieve.....................................................................Each $85.00 Minimum & Maximum Index Density (Vibratory Table) ......................................Each $260.00 Moisture Content..............................................................................................Each $21.00 Oversize Particle Correction.............................................................................Each $125.00 Particle Size (Gradation) - Sieve Analysis <3/4" ...............................................Each $135.00 Particle Size (Gradation) - Sieve Analysis >3/4" ...............................................Each $220.00 Percent Fractured Particles in Coarse Aggregate .............................................Each $280.00 Proctor - Modified.............................................................................................Each $260.00 Proctor - Standard............................................................................................Each $220.00 Sand Equivalent of Fine Aggregate..................................................................Each $245.00 Soundness Aggregates (Sodium or Magnesium)...............................................Each $305.00 Specific Gravity of Aggregate Coarse or Fine Aggregate...................................Each $200.00 Uncompacted Void Content of Fine Aggregate ..................................................Each $80.00 Asphalt Testing Asphalt Binder Content by Ignition.....................................................................Each $150.00 Gradation of Extracted Aggregates (Includes Binder by Ignition) .......................Each $200.00 Bulk Specific Gravity/ Pavement Cores (1 pt) .....................................................Each $70.00 Marshall Density(3pt)........................................................................................Each $240.00 Marshall Stability and Flow(3pt)........................................................................Each $350.00 Percent Air Voids in Compacted Paving Mix......................................................Each $45.00 Preparation & Density of Superpave Gyratory Compaction Specimens (2pt)..... Each $320.00 Theoretical Maximum Specific Gravity (Rice) (Gmm).........................................Each $155.00 Cement. Concrete. & Masonry Testing ChlorideIon.......................................................................................................Each $200.00 Compressive Strength - Block or Block Prism...................................................Each $230.00 Compressive Strength - Concrete Cores...........................................................Each $95.00 Compressive Strength - Cube (Grout & Mortar).................................................Each $45.00 Compressive Strength - Cylinders.....................................................................Each $25.00 Density, Absorption & Voids of Hardened Concrete...........................................Each $630.00 Flexural Strength of Concrete............................................................................Each $75.00 Length Change of Hardened Hydraulic -Cement Mortar and Concrete ...............Each $400.00 Measuring Thickness of Concrete Elements (Drilled Cores) ..............................Each $70.00 Potential Alkali Silica Reactivity(ASR)...............................................................Each $830.00 Equipment Core Machine/Sampling...................................................................................Day $300.00 Dynamic Cone Penetrometer (DCP).................................................................Day $200.00 Electrical Resistivity - Field (AEMC Gauge) ......................................................Day $100.00 Floor Flatness Equipment.................................................................................Day $300.00 Relative Humidity Probe/Sensor.......................................................................Each $80.00 Settlement Monitoring Plate..............................................................................Each $300.00 Standard Field Equipment................................................................................Each $25.00 Vapor Emission Test Kit...................................................................................Each $60.00 Soil Testing Atterberg Limits (Plasticity Index)......................................................................Each $125.00 CBR Laboratory Compacted (3pt).....................................................................Each $630.00 CBR Laboratory Compacted (1pt).....................................................................Each $230.00 Density (Wet/Dry).............................................................................................Each $30.00 Direct Shear Test of Soils (Consolidated Drained) (3pt) ....................................Each $1,600.00 Dispersion - Crumb...........................................................................................Each $95.00 Dispersion - Pinhole..........................................................................................Each $190.00 Material Finer than No. 200 Sieve.....................................................................Each $85.00 Moisture Content..............................................................................................Each $21.00 Moisture Content - Microwave..........................................................................Each $50.00 One -Dimensional Consolidation Test................................................................Each Organic Content - Soils.....................................................................................Each Oversize Particle Correction.............................................................................Each Particle Size (Gradation) - Hydrometer.............................................................Each Particle Size (Gradation) - Sieve Analysis ..........................................................Each Permeability - Flexible Wall Permeameter (Intact) ............................................Each Permeability - Flexible Wall Permeameter (Remold)..........................................Each Proctor- Modified.............................................................................................Each Proctor - Modified w/Additive............................................................................Each Proctor - Standard............................................................................................Each Proctor - Standard w/Chem Additive.................................................................Each Swell or Collapse (One Dimensional)................................................................Each Triaxial Compression — Consolidated Drained (Intact) ......................................Each Triaxial Compression — Consolidated Drained (Remold)....................................Each Triaxial Compression — Consolidated Undrained (Intact) ..................................Each Triaxial Compression — Consolidated Undrained (Remold)................................Each Triaxial Compression — Unconsolidated Undrained ...........................................Each Unconfined Compressive Strength - Intact Rock ...............................................Each Unconfined Compressive Strength - Soils .........................................................Each Sprayed Fire Resistive Materials (SFRM) Adhesion of SFRM to Structural Members (Field)..............................................Each Thickness and Density of SFRM to Structural Members ....................................Each General Terms and Conditions $440.00 $105.00 $125.00 $250.00 $135.00 $550.00 $650.00 $260.00 $340.00 $220.00 $290.00 $315.00 $1,730.00 $1,930.00 $1,575.00 $1,775.00 $180.00 $125.00 $85.00 $25.00 $90.00 1. These Unit Fees are in effect until January 1, 2026. Services and fees not listed above will be quoted upon request. 2. All services charged are portal-to-portal. 3. Services provided on Saturday, Sunday, Holidays, or in excess of 8-hours/day will be charged at 1.5 times the unit fee. 4. Services provided before 6:00 a.m. and after 6:00 p.m. will be charged at 1.5 times the unit fee. 5. Mileage Rate subject to change based on Federal and IRS rate changes. 6. Subcontracted services and expenses will be invoiced at our cost plus 20% 7. Project Manager time will be included for project coordination and report review. 8. Per Diem will be billed at actual cost + 15% unless otherwise specified. CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-135 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager SUBJECT: Approval of a resolution to award RFQ 25-01, Selection #2 to McClelland Consulting Engineers, Inc, Hawkins -Weir Engineers, Inc. and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2026. RECOMMENDATION: Approval of a resolution to award RFQ 25-01, Selection #2 to McClelland Consulting Engineers, Inc, Hawkins - Weir Engineers, Inc. and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2026. BACKGROUND: The Engineering Division has a two -person survey crew as part of the design team. The survey crew provides surveying services to multiple City Divisions in addition to the surveys needed for the in-house projects designed by the City engineers. As a result, the current workload for the survey crew is quite large. With the potential for many projects to begin in 2025, additional surveying services may be required. DISCUSSION: An engineering selection committee selected McClelland Consulting Engineers, Inc., Hawkins -Weir Engineers, Inc. and Olsson Associates, Inc. to be used for on -call surveying services for various city projects until April 30, 2026. BUDGET/STAFF IMPACT: Funds for the material testing have been budgeted in various capital projects with the Sales Tax Capital Improvements Fund, the Transportation Bond Fund, Drainage Bond Fund and the Water and Sewer Fund. ATTACHMENTS: SRF (#3) , Billing Rate Schedule (#4), 2025 Billing Rates (#5), Standard Hourly Rates as of 10-16-24 (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-135 Approval of a resolution to award RFQ 25-01, Selection #2 to McClelland Consulting Engineers, Inc, Hawkins -Weir Engineers, Inc. and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2026. A RESOLUTION TO AWARD RFQ #25-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH APRIL 30, 2026 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01 Selection #2 and authorizes the purchase of on -call surveying services from McClelland Consulting Engineers, Inc., Hawkings-Weir Engineers, Inc., and Olsson Associates, Inc., as primary suppliers for the rates attached to this Resolution and based on availability as needed through April 30, 2026. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2025-135 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/23/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a resolution to award RFQ 25-01, Selection #2 to McClelland Consulting Engineers, Inc, Hawkins -Weir Engineers, Inc. and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2026. Account Number Project Number Budgeted Item? No Budget Impact: Fund Project Title 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 # Change Order Number: Approval Date: Original Contract Number: Comments: olsson 2025 Springfield/Joplin/Fayetteville Survey Billing Rate Schedule rinccifirntinn Group Leader Technical Leader Senior Surveyor Surveyor Associate Surveyor Senior Technician Associate Technician Assistant Technician 1 Man Field Crew 2 Man Field Crew Equipment Boat ATV HD Scanner Photogrammetry Drone Lidar Drone Mobile Drone Travel Mileage (Portal to Portal) Hotel Meals Hourly Rate $210.00 $185.00 $160.00 $125.00 $95.00 $110.00 $85.00 $72.00 $130.00 $185.00 Daily Rate $100.00 $100.00 $500.00 $250.00 - $500.00 $2,500.00 $15,000.00 Additional Notes Mile $0.75 Daily $140.00 Daily $60.00 1. These Unit Fees are in effect until January 1, 2026. 2. Services and fees not listed above will be quoted upon request. 3. Services on weekends, holidays, and in excess of 8-hours/day will be charged 1.5 times the unit fee. 4. Mileage is subject to change based on Federal and IRS rate changes. 5. Subcontracted services will be invoiced at our cost plus 20% Hawkins -Weir Engineers, Inc. Hourly Rate Schedule: 2025 Description Billing Rate/Hour Engineer VII $275 Engineer VI $250 Engineer V $225 Engineer IV $200 Engineer III $175 Engineer II $150 Engineer I $125 Environmental Specialist II $130 Environmental Specialist 1 $110 Designer II $135 Designer 1 $100 Civil Eng Assistant 11 $90 Civil Eng. Assistant 1 $80 CAD/BIM Modeler 11 $135 CAD/BIM Modeler 1 $100 CAD/GIS Technician 111 $120 CAD/GIS Technician 11 $95 CAD/GIS Technician 1 $75 Construction Manager 11 $140 Construction Manager 1 $125 Construction Observer IV $135 Construction Observer 111 $115 Construction Observer 11 $95 Construction Observer 1 $85 Surveyor $175 GPS Survey $200 Survey Technician $50 Business Manager $100 Graphic Designer $100 Document Processor $75 Reimbursable Expenses Mileage $0.77/mile Printing @ Cost Travel @ Cost Expert Witness Rate x 2.0 Other Direct Costs @ Cost Notes: 1. Hourly rates may be equitably adjusted 2. Adjustment to rate schedule will not change contract lump sum or NTE amounts 3. If a conflict exists, hourly rates & reimbursable expenses will be invoiced per terms of Agreement. ffrCMCCLELLAN m=iCONSULTINGDNGINEERS, INC. 10/16/2024 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $120 - $130 Clerical $55 - $85 Construction Observer $85 - $165 Draftsman $70 - $125 Environmental Scientist/Designer $125 - $150 Geotech Engineer $130 - $210 GIS Technician $80 - $140 HR/Payroll Admin $75-$100 Landscape Architect $90 - $170 Media Specialist $80 - $105 Principal $215 - $280 Project Accountant $70 - $155 Project Designer - Intern $50 - $60 Project Designer $80 - $155 Project Engineer $125- $180 Project Manager $140 - $210 Registered Land Surveyor $115 - $165 Soils Lab Technician $50 - $140 Specification Writer $50 - $90 Sr. Project Manager $185 - $270 Structural Engineer $200 - $270 Survey (2 man or Robotic) Crew $145 - $165 Survey (3 man) Crew $165 - $195 Survey Field (1 Man or Rodman) $75 - $130 Survey GPS $75 - $130 Survey Technician $65 - $95 Expenses @ Cost Mileage .655/mi * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-169 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director Keith Macedo, Interim Chief of Staff FROM: Matt Casey, Engineering Design Manager SUBJECT: Approval of a cost share agreement with Fayetteville Public Schools for the extension of E Joyce Blvd. RECOMMENDATION: Staff and the City Council Transportation Committee recommend that the City Council authorize the Mayor to enter into a cost share agreement with Fayetteville Public Schools for a portion of the cost of the relocation of E. Joyce Blvd and approval of a Budget Adjustment. BACKGROUND: Fayetteville Public Schools (FPS) has recently purchased property located on the northeast side of the intersection of E Joyce Blvd and N Crossover Road. FPS is proposing the construction of a Junior High School on the property. The City's Master Street Plan includes a new location for Joyce Blvd across this property, and FPS is proposing to construct this street connection in advance of the construction of the school. DISCUSSION: FPS has provided an estimate of $3.12 million in total for the project and has requested that the city share in the amount of 1/3 of the project cost, or $1,039,092. As noted in the request letter, this roadway project will improve traffic flow along Joyce and will increase the capacity of the intersection at the intersection with Crossover Road. The new route will serve the general public traffic flow and will allow existing Joyce to serve primarily as an access point for the school, which will help prevent any congestion issues caused by school traffic. After review of this request, and consideration of the request versus available funding, staff recommends a contribution in the amount of $400,000. At its January 28,2025 meeting, the Transportation Committee voted to forward this cost share agreement to the city council with a recommendation for approval of $400,000. BUDGET/STAFF IMPACT: Funding for this request will come from the general fund reserve balance. ATTACHMENTS: SRF (#3) , BA (#4), MSP Map (#5), C1.00 - Overall LSD 11x17 (#6), E Joyce Cost Share Request (#7), Fayetteville Public Schools Cost Share (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-169 Approval of a cost share agreement with Fayetteville Public Schools for the extension of E Joyce Blvd. A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS IN THE AMOUNT OF $400,000.00 FOR THE EXTENSION OF EAST JOYCE BOULEVARD, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Fayetteville Public Schools has recently purchased property located on the northeast side of the intersection of East Joyce Boulevard and North Crossover Road and is proposing the construction of a Junior High School on the property; and WHEREAS, the City's Master Street Plan includes a new location for Joyce Boulevard across this property, and Fayetteville Public Schools is proposing to construct this street connection in advance of the construction of the school; and WHEREAS, this roadway project will improve traffic flow along Joyce and will increase the capacity of the intersection at the intersection with Crossover Road and will serve the general public traffic flow and will allow existing Joyce to serve primarily as an access point for the school, which will help prevent any congestion issues caused by school traffic; and WHEREAS, on January 25, 2025, the Transportation Committee voted to forward this cost share with a recommendation of approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a cost share agreement with Fayetteville Public Schools in the amount of $400,000.00 for the extension of East Joyce Boulevard. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2025-169 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/29/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends that the City Council authorize the Mayor to enter into a cost share agreement with Fayetteville Public Schools for a portion of the cost of the relocation of E. Joyce Blvd and approval of a Budget Adjustment 1010.090.6600-5809.00 Account Number 25003.1 Project Number Budgeted Item? Yes Budget Impact: General Fund Joyce Blvd Cost Share Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget $ 400, 000.00 $ 400,000.00 $ 400,000.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2025 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Cost share agreement with Fayetteville Public Schools for a portion of the cost of the relocation of E. Joyce Blvd. COUNCIL DATE: 2/18/2025 ITEM ID#: 2025-169 Holly Black 113012025 7: q3 Nn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: 2/18/2025 CHKD/POSTED: TOTAL Account Number 400,000 400,000 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202513 Account Name 1010.090.6600-5809.00 400,000 - 25003 1 EX Improvements - Street 1010.001.0001-4999.99 400,000 RE Use Fund Balance - Current I of 1 i [CC' D -C C IN C L! It 0, fall 9 a - flip' ; _ 1 . 2 5 cc U Center 2 0 0.02 0.04 0'09 0.14 0:18 mi The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Neihborhood Link gg Reional Link Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify Master Street Plan the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, Residential Link Neighborhood Link phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Fayetteville, AR Created: 1128/2025 Regional Link -High Activity Credits: City of Fayetteville, AR, 2024 Imagery I EagleView Technologies I Surdex Corporation Map Author: � � I 3 3 i btl `3l1IA3113Atld � w U I J OAl8 33AOf 3 StIM �ti�TIONia�s� w Z � S86L Pagsilq e1s3 6UTA@A3nS + buijaauibu3 IiAID W Oa'a0552U a5Ua6JOI'MMM z=_ _ _ - V - - l w o NOIltlOOI 103f 021d Q r5 1O 'g m p r �o z o w w «w W *m �O J Q 2 A r Q i O O C` ��/,r C`C`��//3= LZL6Zbb 6Lb :aay�p J V I O J J V+ £oLZL?JV'911IAa]]aRej WU' z- w wr, ¢ o �+ o o o a- a a p z „�w�, -Ed z ¢ F x u w 4 3 o N w o <� "N z *` O 7<U' z#z �t y 6 W W O W W W, 7 W T S aainS 'anuQ a6puqunS MbZL N3sN3E)80r w _> - 3 m- _ - 33 m gw - 'o NOISN31X3 w° w W rim��w� ? Z 0e W �`�' r$ zrzW 6`" "' Q>u _ <I OA18 30AOP '3 w a r n ' FF d '3� w� \ ny P e Y3� - W o �0x@4e®0ozx wl :31111103roMd 9' Mw W '3s ���r�ru ru�3y Sao N�Nw�m - �yy N emu-- �s�y"����=zwn��ezgwoz�so� w Ee Ee LuaNeNmo�swLL�.-��am �3N zS'm�`N^�eo��MomEd m3—om¢¢w� w aoowc+r mrc �..mmz�wLLNoazwmwxzr3�a3 O — I =a�N N1 N019NMTW — I rE4 17 .1 ,a v, i �Yo o� P�eo�m� w�ww�www a - - r x a p r Jed 3w Ntiw�'Sm �m FQ�o� \oo — — — — — — — � 13 14 �aM doe I \ I 3 \ I �< I —- ti S3dseuu,�� . S3INVA AVM dO1HNIN yIOnd) NN3839NVN'J N �J o o a�ea�l Im II II II s�3 �i I m 5 I, I I I i I I I o 6 �— L 3�9 JORGENSEN +ASSOCIATES v Civil Engineering Surveying City of Fayetteville Development Services LSD-2024-0031 J+A:2024006 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 wwwjorgensenassoccom Established 1985 Please accept this request for a cost share for the E. Joyce Blvd Extension. While this roadway will serve the new Woodland Junior High School, it will also serve as a crucial upgrade of the Master Street Plan for E. Joyce Blvd. This extension will alleviate heavy congestion at the existing 265/Joyce intersection and serve as the gateway from the County into the City of Fayetteville. Much thought and consideration has gone into the design of this new roadway, which will have two roundabouts, a 12' trail on the west side of the roadway, portions will have on -street parking, and a new water and sewer main will be extended along this new corridor. This new roadway will safely move cars and pedestrians east and west and we kindly request that the City help participate in a cost share for this project. Below is a cost estimate that we have developed and we are hopeful that the city can pay 1/3 of the overall cost: Street & Drainage Item # Description Quantity Unit Unit Price Amount 101 Clearing, grubbing, and mobilization 1 L.S. $50,000.00 $50,000.00 102 Scrape 6" Topsoil (Stockpile) 1,652 C.Y. $9.00 $14,868.00 103 Undercut for Streets (keep onsite for fill) 4,959 C.Y. $9.00 $44,631.00 104 Unclassified Cut for whole site (Excludes Detention Ponds) 6,714 C.Y. $8.00 $53,712.00 105 Unclassified Fill for whole site 16,123 C.Y. $8.00 $128,984.00 106 Import Select Hillside for Streets 13,480 C.Y. $22.00 $296,560.00 107 Install Standard 6" Curb & Gutter 5,394 L.F. $26.00 $140,244.00 108 Installed 2" Modified Curb & Gutter 1,118 L.F. $28.00 $31,304.00 109 Patterned Concrete 5,323 SF $25.00 $133,075.00 110 Rumblecrete 412 SF $25.00 $10,300.00 111 Stained Concrete 660 SF $25.00 $16,500.00 112 Sidewalk 26,337 SF $12.00 $316,044.00 113 2/3/6 Asphalt 7,675 S.Y. $55.00 $422,125.00 114 Fine Grade Base 7,675 S.Y. $1.00 $7,675.00 115 Back Fill Curb 1 L.S. $25,000.00 $25,000.00 116 Curb Inlet Extension 26 EA $1,650.00 $42,900.00 117 5'x5' Curb Inlet 13 EA $8,000.00 $104,000.00 118 5'x5' Junction Box 2 EA $8,000.00 $16,000.00 119 18" RCP 650 L.F. $95.00 $61,750.00 120 24" RCP 250 L.F. $125.00 $31,250.00 121 48" RCP 60 L.F. $135.00 $8,100.00 122 Detention Pond 1 1 L.S. $65,000.00 $65,000.00 123 Detention Pond 2 1 L.S. $35,000.00 $35,000.00 124 Detention Pond 3 1 L.S. $75,000.00 $75,000.00 125 18" RCP FES 1 EA $1,228.00 $1,228.00 126 48" RCP FES 2 EA $6,443.00 $12,886.00 127 Construction Exit 1 L.S. $3,500.00 $3,500.00 128 Erosion Control 1 L.S. $14,455.00 $14,455.00 129 Tree Preservation Fence 1 L.S. $15,000.00 $15,000.00 130 Street Trees 171 EA $250.00 $42,750.00 131 Hay/Seed 1 L.S. $25,000.00 $25,000.00 132 Install Street Signage 1 L.S. $14,500.00 $14,500.00 133 265 + Joyce Traffic Signal Improvements 1 L.S. $150,000.00 $150,000.00 134 Bond on Street/Drainage 1 L.S. $27,500.00 $27,500.00 Total $2,436,841.00 Water & Sewer Unit Price Amount Item # Description Quantity Unit 201 8" Sanitary Sewerline (SDR-26 PVC) w/ backfill 1,738 L. F. $80.00 $139,040.00 202 Manhole 11 EA $9,200.00 $101,200.00 203 Core Drill Existing Manhole 1 EA $3,500.00 $3,500.00 204 8" Waterline w/ backfill 2,582 L.F. $75.00 $193,650.00 205 8"x8" Tapping Sleeve w. GV 1 EA $6,781.00 $6,781.00 206 6"x6" Tapping Sleeve & 6" Gate Valve 1 EA $3,750.00 $3,750.00 207 8"x6" Reducer 1 EA $2,964.00 $2,964.00 208 8" Gate Valve 3 EA $3,000.00 $9,000.00 209 8" - 45° Bend and Thrust Block 8 EA $1,950.00 $15,600.00 210 Fire Hydrant Assembly 4 EA $7,900.00 $31,600.00 211 Clean & Test WTR & SWR 1 L.S. $23,350.00 $23,350.00 212 Bond Water & Sewer 1 L.S. $25,000.00 $25,000.00 213 16" Steel Encasement 100 L.F. $600.00 $60,000.00 214 Bore under creek 100 L.F. $500.00 $50,000.00 215 Rock Excavation 150 C.Y. $100.00 $15,000.00 Total $680,435.00 Total For All: $3,117,276.00 This cost share request for one-third amounts to roughly $1,039,092 (or 1/3 of the actual cost of construction). i rwe rely. Bak Jorgensen, PE CONTRACTUAL AGREEMENT FOR COST SHARE OF STREET IMPROVEMENT COSTS This Agreement, made and entered into on this day of February 2025, by and between the City of Fayetteville, Arkansas ("City") and Fayetteville Public School District ("FPS"), witnesseth: WHEREAS, FPS has a planned development on the East side of N Crossover Road which requires the re -alignment of E Joyce Blvd through their property; and WHEREAS, it would benefit the City to have this portion of E. Joyce Blvd. constructed in the proposed location along with the other proposed improvements for this development. NOW, THEREFORE, the City of Fayetteville, Arkansas and Fayetteville Public School District agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse FPS for $400,000 of the cost of construction of E. Joyce Blvd. as approved with the school development. B. Payments due to FPS, shall be remitted within sixty (60) days after receipt of valid invoices. 2. Fayetteville Public School District agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary to complete the work in accordance with the City of Fayetteville Minimum Street Standards, and City Standard Details, both of which are available at hqp://www.fayetteville-ar.gov/445/En ing eering-Specs-Details B. Provide a copy of the invoices from the Contractor upon completion and City approval of the improvements. C. Pay for the street improvements with a not to exceed reimbursement of $400,00.00 of the cost by the City of Fayetteville. 3. It is further understood that the contract for construction is between FPS and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for FPS The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $400,000.00 for the associated street improvements. Page 1 of 2 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: FAYETTEVILLE PUBLIC SCHOOL DISTRICT By: JOHN MULFORD, Superintendent ATTEST: CITY OF FAYETTEVILLE, ARKANSAS IN MOLLY A. RAWN Mayor ATTEST: By: By: KARA PAXTON, City Clerk Page 2 of 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director Keith Macedo, Interim Chief of Staff FROM: Matt Casey, Engineering Design Manager SUBJECT: 2025 Federal Aid Transportation Grant Application RECOMMENDATION: CITY COUNCIL MEMO 2025-171 Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission. Grant projects include the Rupple Road Lighting, Drake Street Trail Connection, Transit Stop Enhancements, Mission Blvd. Trail (Phase 3), Razorback Greenway Asphalt Replacement, Garland Ave. (Hwy 112), and North Street Corridor (Garland Ave. to College Ave.) BACKGROUND: The passage of the Bipartisan Infrastructure Bill is providing more opportunities for Federal funding assistance. Grant programs administered regionally through the Northwest Arkansas Regional Planning Commission include the Carbon Reduction Program (CRP), the Surface Transportation Block Grant -Attributable (STBGP-A) Program, and the Transportation Alternatives Program (TAP). In total, these programs will provide over $13 million in funding for the Northwest Arkansas Region. Additionally, the State Department of Transportation offers a statewide grant opportunity through their Transportation Alternatives Program. DISCUSSION: Seven projects have been identified for application for federal funding as shown below. rant Program TBGP-A TBGP-A Existing/New Project Existing Existing New New New New New Project Description Amount Requested Rupple Road Lighting — Persimmon to MILK (Hwy 62)$500,000 Drake Street Trail Connections $300,000 Transit Stop Enhancements $150,000 Mission Blvd Trail Phase 3 $600,000 Razorback Greenway Asphalt Replacement $250,000 Garland Ave. (Hwy 112) $2,000,000 North Street Corridor (Garland to College) $500,000 BUDGET/STAFF IMPACT: If the grants are approved, the City of Fayetteville will be responsible for 20% of the total project cost while Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Federal funding will provide 80%. Matching funding has been budgeted through various accounts in anticipation of award of grant funding. On January 28th, 2025, the Transportation Committee reviewed the grant project proposals and voted unanimously to forward the request to apply to the full City Council for approval to apply. The grant programs require a resolution be included with the application. ATTACHMENTS: SRF (#3) , Public Notice of NWARPC (#4), Drake St. Residential and Business Density 8.5 x 11 (#5), Mission Blvd Trail Map - Phases (#6), North Street Corridor (#7), Rupple Trail Lighting Location Map 1-29-25 (#8), Garland Ave - Hwy 112 (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-171 2025 Federal Aid Transportation Grant Application A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS WHEREAS, the passage of the Bipartisan Infrastructure Bill is providing more opportunities for Federal funding assistance; and WHEREAS, grant programs administered regionally through the Northwest Arkansas Regional Planning Commission include the Carbon Reduction Program (CRP), the Surface Transportation Bock Grant -Attributable Program (STBGP-A), and the Transportation Alternatives Program (TAP) that will provide over $13 million in funding for the Northwest Arkansas Region; and WHEREAS, the funding for selected projects will be at an 80/20 Federal and Local participating ratio, up to the maximum Federal -aid available; and WHEREAS, seven projects have been identified for application for federal funding: Grant Program Existing/New Project Description Amount Project CRP Existing Rupple Road Lighting — Persimmon to MLK $500,000 AP Existing Drake Street Trail Connections $300,000 AP New Transit Stop Enhancements $150,000 AP New Mission Blvd Trail Phase 3 $600,000 TP New Razorback Greenway Asphalt Replacement $250,000 STBGP-A New Garland Ave. (Hwy 112) $2,000,000 STBGP-A New North Street Corridor Garland to College) $500,000 WHEREAS, on January 28, 2025, the Transportation Committee reviewed the grant project proposals and voted unanimously to forward the request to apply to the full City Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Resolution: File Number: 2025-171 Section 1: That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Rawn to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission for the above identified projects. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to participate in accordance with its designated responsibilities in these projects, including providing the local match requirement. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute all appropriate agreements and contracts necessary to expedite the construction of these projects. Section 4: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas Department of Transportation and Northwest Arkansas Regional Planning Commission to initiate action to implement these projects. Page 2 Matt Casey Submitted By City of Fayetteville Staff Review Form 2025-171 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/30/2025 Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission. Grant projects include the Rupple Road Lighting, Drake Street Trail Connection, Transit Stop Enhancements, Mission Blvd. Trail (Phase 3), Razorback Greenway Asphalt Replacement, Garland Ave. (Hwy 112), and North Street Corridor (Garland Ave. to College Ave.) Budget Impact: Various Various Account Number Fund Various Various Project Number Project Title Budgeted Item? Yes Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget $ Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: NWA Regional Planning Commission PUBLIC NOTICE OF NWARPC FFY 2026 CALL FOR PROJECTS FOR STBGP-A, TAP, & CRP FUNDING The Northwest Arkansas Regional Planning Commission (NWARPC), serving as the NWA Metropolitan Planning Organization (MPO), announces the availability of approximately $11.7 million in NWARPC Surface Transportation Block Grant Program — Attributable (STBGP-A) funding, $1.3 million in NWARPC Transportation Alternatives Program (TAP) funding and $1.4 million in NWARPC Carbon Reduction Program (CRP) funding for Federal Fiscal Year (FFY) 2026. Availability of FFY 2026 funding is subject to Congressional action. The Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act(IIJA), Pub. L. 117-58 (Nov. 15, 2021) provides federal suballocated funding to the Fayetteville - Springdale -Rogers AR -MO Urban Area. STBGP-A, TAP, and CRP are federally funded, 80% Federal / 20% Local, reimbursable programs and projects must meet and follow the ARDOT Local Public Agency (LPA) federal -aid process for reimbursement. Funds must be used for eligible projects that are submitted by eligible entities and chosen through a competitive process. Additional information on the programs can be found at: STBG Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/stbg.cfm TAP Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/ta.cfm CRP Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/crp fact sheet.cfm APPLICATION INFORMATION: The FFY 2026 STBGP-A, TAP, and CRP Funding Request Applications are available at the NWARPC office located at 1311 Clayton Street, Springdale, AR 72762 and online at www.nwarpc.org/funding-programs/. APPLICATIONS MUST BE RECEIVED NO LATER THAN 11:59 P.M. (CT), THURSDAY, APRIL 3, 2025. Any funding request submitted after this deadline will not be considered. For information on this program or questions related to the application process, please contact Nicole Gibbs, Transportation Programs Manager/Regional Planner, NWARPC, 1311 Clayton, Springdale, AR 72762, (479) 751-7125 x105. FFY 2026 NWARPC STBGP-A, TAP, and CRP Project Application Timeline: Call for Projects Notice —January 5, 2025 Project Funding Request Deadline —April 3, 2025 at 11:59 P.M. CT NWARPC NOTICE OF NONDISCRIMINATION POLICY: The NWARPC complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the NWARPC does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in NWARPC's programs and activities, as well as the NWARPC's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the NWARPC's nondiscrimination policies may be directed to Nicole Gibbs, AICP, Regional Planner— EEO/DBE (ADA/504/Title VI Coordinator), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voice/TTY 711 or 1-800-285-1131) or ngibbs@nwarpc.org; Para Ilamadas en espanol, marques el 866-656-1842; para Ilamadas en ingles, marques el 711 o directamente al 800-285-1131 o ngibbs@nwarpc.org. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. If information is needed in another language, contact NWARPC at least 48 hours before the meeting. Si necesita informacion en otro idioma, comunigese NWARPC cuando menos 48 horas antes de la junta. NWA Regional Planning Commission AVISO PUBLICO DE LA CONVOCATORIA NWARPC FFY 2026 PARA PROYECTOS PARA LA FINANCIACION STBGP-A, TAP Y CRP La Comision de Planificacion Regional del Noroeste de Arkansas (NWARPC), que actua como Organizacion de Planificacion Metropolitana (MPO) de NWA, anuncia la disponibilidad de aproximadamente $11.7 millones en fondos del Programa de Subvenciones en Bloque para el Transporte de Superficie - Atribuible (STBGP-A), $1.3 millones en fondos del Programa de Alternativas de Transporte (TAP) y $1.4 millones en fondos del Programa de Reduccion de Carbono (CRP) para el Ano Fiscal Federal (FFY) 2026. La disponibilidad de fondos para el ano fiscal 2026 esta sujeta a la accion del Congreso. La Ley de Infraestructura Bipartidista (BIL), promulgada como la Ley de Inversion en Infraestructura y Empleos (IIJA), Pub. L. 117-58 (15 de noviembre de 2021) proporciona fondos federales subasignados al area urbana de Fayetteville -Springdale -Rogers AR -MO. STBGP-A, TAP, y CRP son programas reembolsables financiados por el gobierno federal, 80% federal/20% local, y los proyectos deben cumplir y seguir el proceso de ayuda federal de la Agencia Publica Local (LPA) de ARDOT para el reembolso. Los fondos deben utilizarse para proyectos elegibles que Sean presentados por entidades elegibles y elegidos a traves de un proceso competitivo. Puede encontrar informacion adicional sobre los programas en: STBG: www.fhwa.dot.gov/bipartisan-infrastructure-law/stbg.cfm TAP: www.fhwa.dot.gov/bipartisan-infrastructure-law/ta.cfm CRP: www.fhwa.dot.gov/bipartisan-infrastructure-law/crp fact sheet.cfm INFORMACION DE LA SOLICITUD: Las solicitudes de solicitud de financiamiento FFY 2026 STBGP-A, TAP y CRP estan disponibles en la oficina de NWARPC ubicada en 1311 Clayton Street, Springdale, AR 72762 y en linea en www.nwarpc.org/funding-programs/. LAS SOLICITUDES DEBEN RECIBIRSE A MAS TARDAR A LAS 11:59 P.M. (CT) DEL JUEVES 3 DE ABRIL DE 2025. Las solicitudes de financiacion presentadas despues de esta fecha limite no se tomaran en cuenta. Para obtener informacion sobre este programa o preguntas relacionadas con el proceso de solicitud, comuniquese con Nicole Gibbs, Gerente de Programas de Transporte/Planificadora Regional, NWARPC, 1311 Clayton, Springdale, AR 72762, (479) 751-7125 x105. CRONOGRAMA DE SOLICITUD DE PROYECTOS FFY 2026 NWARPC STBGP-A, TAP Y CRP: Aviso de convocatoria de proyectos — 5 de enero de 2025 Fecha limite de solicitud de financiamiento del proyecto — 3 de abril de 2025 a las 11:59 p. m. CT. AVISO DE POLITICA DE NO DISCRIMINACION DEL NWARPC: El NWARPC cumple con todas las disposiciones de derechos civiles de los estatutos federales y las autoridades relacionadas que prohiben la discriminacion en programas y actividades que reciben asistencia financiera federal. Por to tanto, el NWARPC no discrimina por motivos de raza, sexo, color, edad, origen nacional, religion o discapacidad, en la admision, el acceso y el tratamiento en los programas y actividades del NWARPC, asi como en las practicas de contratacion o empleo del NWARPC. Las quejas de presunta discriminacion y las consultas con respecto a las political de no discriminacion de NWARPC pueden dirigirse a Nicole Gibbs, AICP, Planificadora Regional — EEO/DBE (ADA/504/Coordinadora del Titulo VI), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voz/TTY 7-1-1 o 1-800-285-1131); Para Ilamadas en espanol, marque el 866-656-1842; para Ilamadas en ingles, marque el 711, directamente al 800-285-1131 o mande un correo electronico a ngibbs@nwarpc.org. Este aviso esta disponible con la coordinadora ADA/504/Titulo VI en letra grande, grabacion audio y braille. Si necesita informacion en otro idioma, pdngase en contacto con Nicole Gibbs. n=� - f RA!,1P A' KENRAY ST LONGVIEW ST ' 40 �R!• ti T \ONTEPAINTER DR _. �.�PV : ��(S, HAROLD ST rx eK : t Ci � : iy�:, s • • • • • • • z ••x•••••• ••• • ¢ ww lF r�94'.` • O a .1,pf • • •� • ••• • • ••• °. `Yc }Ir ■ •• 5• •�• 7*7 • tf CVDNEE ST • • • - _ ¢ • • Q - ¢ > � 1 L7 �¢ - - • • • •rW • • • - a .a _ • • z BISHOP DR ¢ • • • iz z ••o••• �.. m • •G�� 1p Razorback Greenway �, p • •¢ m • ' . • • • m Uzi z • •z• I=•••••yi••••N• O REOBUD LN • A • •••• . : •Z - : D-• w • • •¢• • •�• MIMOSA LN �,�_ ��"� •• � �_ • •_ • _ _ • • • • • • • • EVERGREEN LN • Q' �-: , • - - ••�� •• • ••••• • O� • OAK; �AUGUSTA DR >w_•m_ _ _ N •• v son PRIVATE 511 � � w ,.:R N ■■x •w• • • � � S !r ~ •N••w •w••w ' • • • • • • N - 11E ST Y J � .Q O • • •• M » • � cv • < w w w O ��=¢btANADA S•T•<i U` w • O • • •izii •� - _j PRINCE 5 _. ..� VILLAGE LAKE DR •Z p • i • �• _• f o CA$SATT$L c'� C s'D•eek Trail �� O •�• •�' ==G+ FIADRID ST (r • • • w • • •••• •• ••••y m•i • • • WESTVIEW OR EYNOLDS S7 STRANGE DR O -- G SUNBRIDGE DR p i RO J w > N • w • • • ¢ O Gj C • ,,p i\ Q • • • O w • •� q••Y • •� • _ KNAPP ST WISE ST ,1 2 • • �' • • `n ry > ¢ e 'Y' j w %• •a11� • • • • �• o - r _ y w •• O TOWNSHIP ST • • a • f O • • • G'9 m _ OIL OtT DR 0.�00. x • • •• • O 9! .�-- „I e OJP 2 i • J Z TOR y • ••S •• p O yy a. cOJi rye\� 2 . • • FE �T 00 �O LN Z UNNY HILL D, p • a a z E McBdOty Va�eY Trail GARRETT DR z ¢o m _ yt C O PRIVATE 2200 P 7 � e OB P L PRIVATE 2 t43 • Residential Unit (1.958 units) - - - Drake -Street -Trail Drake street Trail Connection and Cycietrack 0 400 800 1,600 Business (266 Businesses) Trails (Multi -Use) Feet 2,696Full-Time _.Streams Proposed 2015 TAP Funding Project if 1,156 Part -Time 1 inch = 800 feet 0 1C2 Mile Distance from Trail Document Path: G:%GIS2\Propcts\2013\Trails--Drake Street Trail ConnectionWaps\Drake Street Trail Connection mxd N W+ E S u "Wooidland-_ v r Ash St o Y FHealth St V ry k New 12 foot wide Shared Use Q Paved Trail (South Side) s �� are �0 Evelyn Hills of ks Lake North St Razorback- Mission Connector UCi grYan fin. 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T 1"=40' 20-2179 t , •r it - ■r V j J t - 'rt A& - -, - EX 4 Sloan Brook Village Neighborhood (Under Construction) Walnut Crossing 1 Neighborhood 1 I I Norrh Fo,N rarntiny ro t+ i �i J Z 1 � xss ----- naE* i7W owl cre �•N "-' --�__ nd Owl ere a _ Scnoor _ m = c a O _ O. ���'xtue 165 N ` w din W° °` ,s Rupple Road Trail La yette St V B�Jd �� hvxll � rte 16 a n" Lean M c \ � 15t St ry Fayetteville Vicinity Map aat oearee: - _ _ I m Of I-PFPPPW a) X Rupple Road Trail w Proposed Trail lighting Along 1.8 Miles of Existing Trail I Pa Or c - '2 lidl _ at L'1 s S%V c cork er pr.0 f owe'S 1 ar�n Legend Proposed Trail Lighting (1.8 Miles) O � Existing 12' Wide Concrete Trail CITY OF FAYETTEVILLE ARKANS ARKANSAS Rupple Road Trail o zso soo ,,000 ,,soo 2,00 eet Proposed Trail Lighting CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-88 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner SUBJECT: RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: City Planning Staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in south Fayetteville on the east side of Wood Avenue, about one -sixth of a mile south of the street's intersection with Martin Luther King Jr Boulevard. The property contains one parcel totaling 0.37 acres which is zoned NC, Neighborhood Conservation, and developed with a single-family dwelling that Washington County records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and it received its current zoning designation as a result of that plan in 2008. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff received public comment from two neighbors who expressed their opposition to this request. They stated that, when they purchased their property, they were under the impression that the neighborhood would remain single-family. Their concerns centered around the proposed zoning allowing a development style that may be incompatible with the character and scale of development in the surrounding area. Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form and density. When compared to the property's current zoning designation of NC, Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right. Where NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four - family dwellings by right with no stated density limitation. Since the subject property is directly adjacent to single-family dwellings, and in close proximity to duplexes and multi -family dwellings, staff finds that the land uses allowed by right in RI-U would be directly compatible with the surrounding area. Uses allowed Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 conditionally in RI-U, including cultural and recreational facilities, limited businesses, and multi -family dwellings, may also be suitable at this site, though any land uses allowed conditionally would be subject to further review to determine full compatibility. Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use Map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI- U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close to the street and by reducing the visual impact of parking areas. The property has a moderate infill score of 7, which indicates that it's a suitable location for infill. Since hydric soils are present on site, more information will be needed at the time of development to determine whether wetlands are present. Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would enable residents to remain in the Walker Park neighborhood as their housing needs change. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Water Main (12-inchmain, Wood Avenue) • Near Sewer Main (6-inch main, Wood Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Waxflower — Wood Connector and E. MILK Jr. Blvd.) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood Master Plan) DISCUSSION: At the January 13, 2025 Planning Commission meeting, a motion to forward this item with a recommendation of approval passed with a unanimous vote of 7-0-0. Commissioners offered little comment on the item and no members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-88 RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD I FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-88 Item ID 2/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/17/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: RZN-2024-0060 Close Up View W a 0 J W Q W O L. \ 10 x m r RSF-18 m 11TH ST Neighborhood Link Unclassified Residential Link Trail (Proposed) Planning Area ! - - Fayetteville City Limits 818 S. WOOD AVE Subject Property RI-U Proposed RNI F-18 IRZN-2024-0060 EXHIBIT 'A' RPZD O MIR I C , N J W ,kFAIRL-ANE ST Q MCCLIN' Feet 0 75 150 300 450 600 1:2,400 ErIMENORTH Zone Current Proposed NC 0.6 0.0 RI-U 0.0 0.7 Total 0.7 ac RZN-2024-0060 EXHIBITS' LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING ATA POINT WHICH IS S02026'07"W 442.45' (DEED 441') FROM THE NORTHWEST CORNER OF SAID FORTY AND RUNNING THENCE S87007'36"E 151.28'; THENCE S02°34'03"W 105.10' (DEED 105'), THENCE N87°13'13"W 151.04' TO THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE ALONG SAID WEST LINE N02026'07"E 105.34' (DEED 105.00') TO THE POINT OF BEGINNING, CONTAINING 0.37 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH WOOD AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS - OF -WAY OF RECORD. CITY OF FAYETTEVILLE ftw ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: January 13, 2025 (updated with results) SUBJECT: RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2024-0060 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2024-0060 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville on the east side of Wood Avenue, about one -sixth of a mile south of the street's intersection with Martin Luther King Jr Boulevard. The property contains one parcel totaling 0.37 acres which is zoned NC, Neighborhood Conservation, and developed with a single-family dwelling that Washington County records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and it received its current zoning designation as a result of that plan in 2008. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential NC, Neighborhood Conservation South Single -Family Residential NC, Neighborhood Conservation East Single -Family Residential NC, Neighborhood Conservation West Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff received public comment from two neighbors who expressed their opposition to this request. They stated that, when they purchased their property, they were under the impression that the neighborhood would remain single-family. Their concerns centered around the proposed zoning allowing a development style that may be incompatible with the character and scale of development in the surrounding area. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: This property has frontage along Wood Avenue, an unimproved Residential Link Street with asphalt paving and open ditches. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing 12-inch water main present along Wood Avenue that can serve this property. Sewer: Sanitary sewer is available to the subject property. There is an existing six-inch sanitary sewer main present along Wood Avenue. There are also known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 990 feet downstream of this property. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams are present on site. However, hydric soils appear to be present on the west side of the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits are issued for the property, a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Any improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate -Urban, requires 15% minimum canopy preservation. The current zoning district, NC, Neighborhood Conservation, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area within the Walker Park Neighborhood Master Plan area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in the plan which include maintaining a balance of uses and housing, emphasizing connectivity and walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible greenspace throughout the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Water Main (12-inch main, Wood Avenue) • Near Sewer Main (6-inch main, Wood Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Waxflower — Wood Connector and E. MLK Jr. Blvd.) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood Master Plan) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form and density. When compared to the property's current zoning designation of NC, Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right. Where NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four -family dwellings by right with no stated density limitation. Since the subject property is directly adjacent to single-family dwellings, and in close proximity to duplexes and multi -family dwellings, staff finds that the land uses allowed by right in RI-U would be directly compatible with the surrounding area. Uses allowed conditionally in RI-U, including cultural and recreational facilities, limited businesses, and multi -family dwellings, may also be suitable at this site, though any land uses allowed conditionally would be subject to further review to determine full compatibility. Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use Map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI-U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close to the street and by reducing the visual impact of parking areas. The property has a moderate infill score of 7, which indicates that it's a suitable location for infill. Since hydric soils are present on site, more information will be needed at the time of development to determine whether wetlands are present. Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would enable residents to remain in the Walker Park neighborhood as their housing needs change. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning from NC to RI-U is justified. Rezoning to RI-U would allow for housing types and densities that are comparable to the existing development pattern in the area and consistent with the City's planning policies and objectives. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U has the potential to increase traffic along Wood Avenue. However, the size of the property will naturally limit the scale of any future development and thus reduce any possible impacts on traffic danger or congestion. Any street improvements required in this area would be determined at the time of development proposal. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from NC to RI-U has the potential to increase population density when considering there is no density limitation associated with the RI-U zoning district. However, staff finds that a rezoning is not likely to undesirably increase the load on public services. The property is near existing water and sanitary sewer infrastructure and is close to other public services. There are, however, known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 990 feet downstream of this property. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0060 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 13, 2025 Motion: Werner Second: Payne Vote: 7-0-0 BUDGET/STAFF IMPACT: None O Tabled ® Forwarded with a recommendation of approval ATTACHMENTS: • Unified Development Code o §161.12 District RI-U, Residential Intermediate - Urban o §161.29 Neighborhood Conservation • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map O Denied 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (11 Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals rN]=17.T.8 .(T REIF"M Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l (Exh. C), 2, 4-20-21) 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) WILLIAM P. WATKINS, in, P.A. RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM * ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com October 21, 2024 DELYNN BALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-15111-001 from NC — Neighborhood Conservation to RI-U—Residential Intermediate —Urban Dear Planning Staff: This letter is intended to accompany a rezone request for Parcel No. 765-15111-001, located at 818 S. Wood Avenue in South Fayetteville. The parcel is currently zoned NC, Neighborhood Conservation. The applicant is requesting that it be rezoned to RI-U, Residential Intermediate —Urban. This property is surrounded on three sides by property zoned NC. However, there are several precedent rezonings in the area. A large parcel of land was rezoned to RI-U on Waxflower Ave for the Homes at Willow Bend earlier this year. Likewise, there is a parcel nearby to the South which is zoned RMF-18 and another which was zoned to RI-U in 2023. RI-U zoning promotes creative infill projects by allowing a diversity of unit types with flexible lot widths. It is particularly effective in doing so when the subject property is on a small lot with existing infrastructure at the street, such as the subject property in this request. The proposed rezoning would allow for infill development in a variety of housing types, and the flexibility of RI-U's lot dimensions would help to add additional housing on a small lot. This would be compatible with the new and old development pattern, and would continue to disallow multi -family development in the same way that the current zoning does. Lastly, the property has access to water and sewer, with existing lines for both being located on S. Wood Ave. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479- 636-2168 or at wkellstrom(cr�,watkinslawofflce.com. Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom WK: PC: 1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT FX: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION WWW.WATKINSLAWOFFICE.COM CrvrL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION RZN-2024-0060 One Mile View 19I F 818 S. WOOD AVE 0 0.13 0.25 0.5 Miles J - o_ LU a Subject Property � III RPZD 41 I I HUNTSVILLE RD Ics NC -4 ORTH �11DG �I � P- r 0 15TH rST MSC ; Z t- Z R-A RSF-8 01 UC Neighborhood Link --- Zoning � I-2 Generel Industrial RESIDENTIAL SINGLE-FAMILY EXTRACTION I� Regional Link -Hi High 9 9 Y -----' - - - - _ - �rvs-c �E-I RI-U COMMERCIAL Urban Center � RI- Residential-0r. NI C-1 -Unclassified _ _ �Reemennal-Agneeneral mc-z RSF-.5 C-3 Alley RSF-1 FORM BASED DISTRICTS Downtown Gore -Residential Link RSF' turban moroaghI RSF-� Shared -Use Paved Trail „ Maln Sbeet Centerenerel RSFA Downtmm G RSF-1e Cammanly Se — — Trail (Proposed) Design Overlay District p RESIDENTIAL MULTI -FAMILY Neighborhood Sery RMFE Neighborhood Conserredon RM113 PLANNED ZONING DISTRICTS Fayetteville City Limits _ _ _ _ _ _ Planning Area �- - - = �- _ _ ! RMF-13 Comme,cial. IntlusNal. ResitleMial RMF-2a INSTITUTIONAL RMF- i � Planning Area - - - - Fayetteville City Limits - -- g-, _ R 1 INDUSTRIAL Heavy CemmarclalaM Light lnduattlal RZN-2024-0060 Close Up View W Q W O L. \ 10 x m r RSF-18 m 11TH ST Neighborhood Link Unclassified Residential Link Trail (Proposed) Planning Area ! - - Fayetteville City Limits 818 S. WOOD AVE W Q G Subject Property RI-U Proposed R NI F-18 ,kFAIRL-ANE ST Q MCCLIN' Feet 0 75 150 300 450 600 1:2,400 MrIMENORTH Zone Current Proposed NC 0.6 0.0 RI-U 0.0 0.7 Total 0.7 ac RZN-2024-0060 Current Land Use Single -Family Residential and Undeveloped i roam 818 S. WOOD AVE nARTIN I LUTHER KING WB VD FS and Multi -Family Residential Subject Property Single-Family Residential and Commercial Single -Family and Multi -Family Residential - :«LZ1226.E Neighborhood Link FEMA Flood Hazard Data Unclassified too -Year Floocioain Residential Link Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 1:3,600 Fayetteville City Limits RZN-2024-0060 Future Land Use _ai 818 S. WOOD AVE �l WW _J 0�h v ROCK T .I J', Jr 1 MARTIN LUTHE Subject Property JKING:JR,BLVD IVI Civic and Private 44 Open Space Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link r Planning Area Fayetteville City Limits — — Trail (Proposed) Design Overlay District Industrial Natural 5TH ORTH Residential Neighborhoi i I I I I - - - HUNTSVILLE RD City Neighborh od 1 � w 0 0 z z w City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 305 610 1,220 1,830 2,440 Residential Neighborhood 1:10,000 Rural Residential Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-136 AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED WHEREAS, Ordinance 6800 has been determined by both the Arkansas Attorney General and the Fayetteville City Attorney to likely violate A.C.A. § 14-43-608. 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 repeals Ordinance 6800 as previously amended. Page 1 CivicClerk No.: 2025- AGENDA REQUEST FORM FOR: Council Meeting of February 4, 2025 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REPEAL ORDINANCE 6800 AS AMENDED APPROVED FOR AGENDA: Kit i iams 1 Date DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk/Treasurer Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes CC: Keith Macedo, Chief of Staff paralegal Paul Becker, Chief Financial Officer Jonathan Curth, Development Services Directo FROM: Kit Williams, City Attorney -- DATE: January 23, 2025 RE: Ordinance To Repeal Ordinance 6800 Which Was To Enact § 120.03 Limitation On Rental Applications And Background Check Fees I just received Opinion No. 2024-093 from Arkansas Attorney General Tim Griffin (attached). As you can see, the Attorney General completely agreed with my legal analysis of the application of both state statutes upon your ordinance to limit the allowed amount charged for rental applications and background check fees. The Attorney General states Ordinance 6800 "likely does not violate this statute (A.C.A. § 14-54-1409)." He then opines that Ordinance 6800 "likely violates" A.C.A. § 14-43-608. As I informed you in my memo of December 12, 2024, A.C.A. § 14-43-608 Regulation of Prices "would likely invalidate Ordinance 6800." The Arkansas Attorney General's Opinion confirms this and so I recommend again that you now pass an ordinance to repeal Ordinance 6800. I do appreciate that you agreed to amend Ordinance 6800 to provide time for the Arkansas Attorney General to render his Opinion and to ensure this questionable Ordinance would no go into effect in possible violation of state law. I have attached a proposed Ordinance to repeal Ordinance 6800. We also just learned that a bill has been filed to amend A.C.A. § 14-54-1409 Rent Control Preemption to expressly include application fees and even deposit fees so in future that code section would also invalidate and prohibit a city regulating ordinance. Both the Attorney General and I believe that this statute's current wording would not have invalidated your regulating ordinance. (Attached is Senate Bill 91.) TIM GRIFFIN ATTORNEY GENERAL Opinion No 2024-093 January 22, 2025 The Honorable Robin Lundstrum State Representative Post Office Box 14 Elm Springs, Arkansas 72728 Dear Representative Lundstrum: I am writing in response to your request for an opinion regarding an ordinance passed by the Fayetteville City Council on October 15, 2024, which caps the fees landlords may charge prospective tenants for rental applications and background checks. You state that "the ordinance limits background fees to an amount not to exceed $40, and if no background check is done, the maximum rental application fee is limited to $20. If a landlord charges a background check fee and then does not obtain the background check, the fee must be returned in full to the potential tenant." You report that numerous constituents have raised concerns about this ordinance. Against this background, you ask the following question: Can a city propose, pass, and enact an ordinance, like the aforementioned, that limits, restricts, or hinders what private business may charge for its services, goods, or contracts? RESPONSE A city cannot enact an ordinance that regulates what private individuals or businesses may charge for goods, rentals, or services sold or performed within the city. 323 CENTER STREET, SUITE 200 LITTLE ROCK, ARKANSAS 72201 The Honorable Robin Lundstrum State Representative Opinion No. 2024-093 Page 2 DISCUSSION Because cities only have the power given to them by statute or the Arkansas Constitution,' local ordinances that conflict with state law are invalid .2 There are two State laws that could potentially prohibit Fayetteville from enacting Ordinance 6800. First, A.C.A. § 14-54-1409 prohibits local governments from enacting or enforcing rent control ordinances.3 The ordinance you describe likely does not violate this statute because it caps the fees associated with an application to rent, rather than "the amount of rent charged" itself. Second, A.C.A. § 14-43-608 bars municipalities from regulating "prices for goods, rentals, or services sold or performed within the municipality by individuals or firms."4 The ordinance likely violates this statute. While there are no appellate court cases construing § he ordinance it likely my opinion that the statute's broad wording, which clearly includes "services," prevents a city from passing an ordinance to cap the fees a private entity charges to process a rental application or to conduct a background check. Senior Assistant Attorney General Kelly Summerside prepared this opinion, which I hereby approve. Sincerely, TIM GRIFFIN Attorney General 'Protect Fayetteville v. City of Fayetteville, 2019 Ark. 30, 3, 565 S. W.3d 477, 480. 2 Ark. Const. art. 12, § 4 ("No municipal corporation shall be authorized to pass any laws contrary to the general laws of the state...."); Protect Fayetteville, 2019 Ark. at 3, 565 S.W.3d at 480. 3 See A.C.A. § 14-54-1409(b) ("A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property."). An exception exists, however, for local governments "to manage and control residential property in which the local governmental unit has a property interest." A.C.A. § 14-54-1409(c). 4 A.C.A. § 14-43-608(a). As with A.C.A. § 14-54-1409, there is an exception that allows a municipality to establish the price for goods, rentals, or services furnished by, or performed by, the municipality. See A.C.A. § 14-43-608(b). I 2 3 4 5 6 r1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WA 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 95th General Assembly A Bill Regular Session, 2025 SENATE BILL 91 By: Senators C. Penzo, J. Bryant By: Representatives Ray, B. McKenzie For An Act To Be Entitled AN ACT TO PROVIDE THAT LOCAL GOVERNMENTAL UNITS SHALL HAVE NO AUTHORITY TO REGULATE OR CONTROL THE AMOUNT CHARGED FOR A RENTAL APPLICATION FEE OR RENTAL DEPOSIT FOR PRIVATE RESIDENTIAL OR COMMERCIAL PROPERTY; AND FOR OTHER PURPOSES. Subtitle TO PROVIDE THAT LOCAL GOVERNMENTAL UNITS SHALL HAVE NO AUTHORITY TO REGULATE OR CONTROL THE AMOUNT CHARGED FOR A RENTAL APPLICATION FEE OR RENTAL DEPOSIT FOR PRIVATE RESIDENTIAL OR COMMERCIAL PROPERTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code § 14-16-601 is amended to read as follows: 14-16-601. Rent, rental application fee, and rental deposit control preemption — Definition. (a) As used in this section, "local governmental unit" means a political subdivision of this state, including but net limited ter without limitation a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area. (b)(1) A As to leasing private residential or commercial property, a local governmental unit shall not enact, maintain, or enforce an ordinance or O1/23/2025 8:48:54 AM LJH008 SB91 1 resolution that would have the effect of controlling the amount e€ rent 2 charged for: leasing private aP:R#ig1 l property 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (A) Rent; (B) Rental application fees; or (C) Rental deposits. (2) The preemption against rent, rental application fees, and rental deposit control in subdivision (b)(1) of this section applies to all: (A) Landlords: (B) Property owners; (C) Property managers; (D) Tenants; (E) Prospective tenants; and (F) Real estate companies doing business in the State of Arkansas. (c) This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest. SECTION 2. Arkansas Code § 14-54-1409 is amended to read as follows: 14-54-1409. Rent, rental application fee, and rental deposit control preemption — Definition. (a) As used in this section, "local governmental unit" means a political subdivision of this state, including, bat net limited tee without limitation a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area. (b)(1) A As to leasing private residential or commercial property, a local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of reRt charged for: leasing ing private residential er-esal property (A) Rent; (B) Rental application fees; or (C) Rental deposits. (2) The preemption against rent, rental application fees, and rental deposit control in subdivision (b)(1) of this section applies to all: 2 01/23/2025 8:48:54 AM LJH008 SB91 1 (A) Landlords; 2 (B) Property owners; 3 (C) Property managers; 4 (D) Tenants; 5 (E) Prospective tenants; and 6 (F) Real estate companies doing business in the 7 State of Arkansas. 8 (c) This section does not impair the right of any local governmental 9 unit to manage and control residential property in which the local 10 governmental unit has a property interest. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3 01/23/2025 8:48:54 AM LJH008 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 TO: Mayor Rawn and City Council CITY COUNCIL MEMO 2025-170 THRU: Kit Williams, City Attorney FROM: D'Andre Jones, Ward 1, Position 2 SUBJECT: A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH RECOMMENDATION: Council Member D'Andre Jones is sponsoring a resolution recognizing Black History Month and also recognizing Black History Month Trailblazers. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Agenda Packet - Council Member Jones - Recognizing February as Black History Month (#3) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-170 A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH AND OFFICIALLY RECOGNIZING CERTAIN INDIVIDUALS AS BLACK HISTORY MONTH TRAILBLAZERS WHEREAS, Black History Month is a time to celebrate the far-reaching contributions made by Black Americans throughout our country's history that have shaped our nation and our City for the better; and WHEREAS, the origin of Black History Month can be traced back to 1926 when Dr. Carter G. Woodson and the Association for the Study of Negro Life and History, which he co-founded, declared the second week of February "Negro History Week' ; and WHEREAS, expounding upon the work of Dr. Carter G. Woodson, Black History Month was first proposed by Black educators, students, and the Black United Students group at Kent State University in 1969; and WHEREAS, in 1970, the first celebration of Black History Month took place at Kent State and six years later, in 1976, was recognized by President Gerald Ford urging Americans to "honor the too -often neglected accomplishments of Black Americans in every area of endeavor throughout our history"; and WHEREAS, contributions by Black Americans have influenced all facets of society, from culture to religion, from education to business and public service, and more; and WHEREAS, it would be the City of Fayetteville's honor to acknowledge and celebrate the heritage, perseverance, and achievements of Black Americans in our nation's history; and WHEREAS, the City of Fayetteville recognizes Black leaders, inventors, artists, musicians, and creators on both a national level such as Dr. Martin Luther King Jr., Rosa Parks, George Washington Carver, Jackie Robinson, Billie Holiday, and many more, and those locally who have contributed to the rich history of our community; and WHEREAS, the City of Fayetteville has many heroes to look up to and learn from including Dr. Charles Robinson, the first African American Chancellor at our beloved University of Arkansas; Dean Cynthia Nance, the first African American dean of the University of Arkansas School of Law; Preston Lackey, Virginia Denton, Mary Mae Blackburn, Laverne Cook, Elnora Lackey, Roberta Lackey, and Peggy Taylor, the first Black students to graduate from Fayetteville High School in 1954; and Thelma Page 1 Resolution: File Number: 2025-170 Thomason, the first African American teacher in the Fayetteville Public Schools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the month of February as Black History Month and further recognizes Dr. Charles Robinson, Dean Cynthia Nance, Preston Lackey, Virginia Denton, Mary Mae Blackburn, Laverne Cook, Elnora Lackey, Roberta Lackey, Peggy Taylor, and Thelma Thomason as Black History Month Trailblazers as they have contributed to the rich history of the City and the present commitment to dismantling racial inequity while advancing equity and justice for all. Page 2 Civic Clerk Item No.: 2025-170 AGENDA REQUEST FORM FOR: Council Meeting of February 18, 2024 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH AND OFFICIALLY RECOGNIZING CERTAIN INDIVIDUALS AS BLACK HISTORY MONTH TRAILBLAZERS APPROVED FOR AGENDA: Approved by email 1/30/2025 Council Member D'Andre Jones Date Blake Pennington Senior Assistant City Attorney Approved as to form 1 /30/2025 Date RESOLUTION NO. A RESOLUTION RECOGNIZING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH AND OFFICIALLY RECOGNIZING CERTAIN INDIVIDUALS AS BLACK HISTORY MONTH TRAILBLAZERS WHEREAS, Black History Month is a time to celebrate the far-reaching contributions made by Black Americans throughout our country's history that have shaped our nation and our City for the better; and WHEREAS, the origin of Black History Month can be traced back to 1926 when Dr. Carter G. Woodson and the Association for the Study of Negro Life and History, which he co-founded, declared the second week of February "Negro History Week"; and WHEREAS, expounding upon the work of Dr. Carter G. Woodson, Black History Month was first proposed by Black educators, students, and the Black United Students group at Kent State University in 1969; and WHEREAS, in 1970, the first celebration of Black History Month took place at Kent State and six years later, in 1976, was recognized by President Gerald Ford urging Americans to "honor the too -often neglected accomplishments of Black Americans in every area of endeavor throughout our history"; and WHEREAS, contributions by Black Americans have influenced all facets of society, from culture to religion, from education to business and public service, and more; and WHEREAS, it would be the City of Fayetteville's honor to acknowledge and celebrate the heritage, perseverance, and achievements of Black Americans in our nation's history; and WHEREAS, the City of Fayetteville recognizes Black leaders, inventors, artists, musicians, and creators on both a national level such as Dr. Martin Luther King Jr., Rosa Parks, George Washington Carver, Jackie Robinson, Billie Holiday, and many more, and those locally who have contributed to the rich history of our community; and WHEREAS, the City of Fayetteville has many heroes to look up to and learn from including Dr. Charles Robinson, the first African American Chancellor at our beloved University of Arkansas; Dean Cynthia Nance, the first African American dean of the University of Arkansas School of Law; Preston Lackey, Virginia Denton, Mary Mae Blackburn, Laverne Cook, Elnora Lackey, Roberta Lackey, and Peggy Taylor, the first Black students to graduate from Fayetteville High School in 1954; and Thelma Thomason, the first African American teacher in the Fayetteville Public Schools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the month of February as Black History Month and further recognizes Dr. Charles Robinson, Dean Cynthia Nance, Preston Lackey, Virginia Denton, Mary Mae Blackburn, Laverne Cook, Elnora Lackey, Roberta Lackey, Peggy Taylor, and Thelma Thomason as Black History Month Trailblazers as they have contributed to the rich history of the City and the present commitment to dismantling racial inequity while advancing equity and justice for all. PASSED and APPROVED this 18th day of February, 2025. APPROVED: ATTEST: MOLLY RAWN, Mayor KARA PAXTON, City Clerk/Treasurer CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-150 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. in WARD 2. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2024-0027 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained; 3. Applicant and/or property owner shall coordinate with AT&T to identify dimension and location of necessary easement to cover existing lines and maintenance, to a minimum width of 10 feet on either side of the existing lines; and 4. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right-of-way to the W. North Street right-of-way as shown in the attached exhibit. BACKGROUND: The subject property is in central Fayetteville on W. North Street, approximately 500 feet east of the intersection with N. Garland Avenue. The property is right-of-way abutting parcels zoned R-O, Residential Office and RMF-24, Residential Multi -family, 24 Units per Acre, which overall contain approximately 0.50 acres. The parcel east of the property is developed with a 1700 sq. ft. vacant structure that County records indicate was used as a veterinary hospital. No overlay districts or other natural features are present on site, but there is an approximately 20% downward change in grade from north to south towards W. North Street, and there is significant tree canopy on the undeveloped portions of the site. Request: The applicant proposes to vacate a 0.24 acre portion of street right-of-way. The applicant intends to redevelop the site with a multi -family housing development. DISCUSSION: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Staff and the Commission support the applicant's request to vacate a portion of right-of-way. The right-of-way is 0.24 acres, and the proposed vacation would still provide the necessary right-of-way for W. North Street to meet the Master Street Plan for a Regional High -Activity Link Street. Any necessary street improvements will be fully determined at the time of the development proposal and may be required to be accommodated within the remaining right-of-way not affected by this vacation. However, in order to maintain consistency with City Plan 2040 goals of making compact, complete, and connected development the standard, staff recommends that an access easement is maintained to provide the opportunity for pedestrian connection from Oakland to W. North Street in the future. At the January 27, 2025 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval as part of the consent agenda by a vote of 7-0-0. Staff received comments from members of the public who had general concerns about the associated residential development on the site, particularly regarding the availability of parking in the area. No opposition was received related to the vacation itself, and no public comment was heard at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Planning Commission Staff Report (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-150 VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. in WARD 2. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of-way. AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of street right-of-way is not required for corporate purposes. 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 vacates the portion of street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation shall not be effective until the following conditions have been satisfied: 1. The applicant and/or property owner shall coordinate with AT&T to dedicate an easement to cover existing lines and necessary maintenance of those lines, to a minimum width of 10 feet on either side of the existing lines. 2. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right- of-way to the W. North Street right-of-way as shown in the survey attached as Exhibit C. Section 4: This vacation approval is subject to the following ongoing conditions: Page 1 Ordinance: File Number: 2025-150 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained. Page 2 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-150 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. in WARD 2. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of-way. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: VAC-2024-0027 Close Up View W Q J J W C z J Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 903 W. NORTH ST U HAZEL-ST NORTH'ST— HUGHES'ST W a G z a J Y a O -BERRY-ST- Feet 0 75 150 300 450 600 1:2,400 EXHIBIT A W W J 1-1 ■R 'J& NORTH RW RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 C-2 Community Services R A Mprj E. Surveyors - Engineers En ors Y g Y 7230 S Pleasant Ridge Dr I Fayetteville, AR 72704 PH: (479) 442-93501 batesnwa.com LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION (NORTH STREET & OAKLAND AVENUE): A PART OF LOTS 1-4, BLOCK 2 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, A PART OF LOTS I AND 2, BLOCK 3 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE AND A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE EAST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE WHICH IS N02055'56"E 112.47' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2 OF ROSE HILL ADDITION AND RUNNING THENCE N86050'37"W 50.00' TO THE WEST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N02055'56"E 49.5 PTO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY N88019'38"W 149.55', THENCE LEAVING SAID RIGHT- OF-WAY N03006'21 "E 19.30', THENCE S89003'07"E 185.37', THENCE N88045'09"E 187.60, TO THE SOUTH MASTER STREET PLAN RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY S89021'46"E 48.20' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY NORTH STORER, THENCE ALONG SAID RIGHT-OF- WAY S03002'44"W 19.80' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°07'22"W 17.32' TO AN EXISTING REBAR, S83029'04"W 199.93' TO AN EXISTING REBAR, SO1025'59"W 35.00', N89013'57"W 18.52' TO THE EAST PLATED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02055'56"W 15.60' TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. _ 3liVN03Ltl l3V 5 NOLL OUtl Z�N�OIB W —a b �� aa.ty° ♦v = _ _ = ts'aro'snwoo[at sesueysyaaina �aneio aBpia rve .Od=.l 31WJ6 IS 60 dl N a 38 ps avder Nd a' sao�tana ng • s�aaulliu3 %ds•d mwls�xa�awanavaNnoa - SIDBMs avxano aae :f y :aN3031 Srr .I-i �M �.....il l`.V3S_.f � Z1tlO/N3HW f1N DNIQNO'J9N _dOlAi'dNZe t7Ntl 96f1 aOd STAFF EXHIBIT Exhibit C I �O1S H=NON_ � GWMOHS'XtlW)'d'S'W N3d M/N'XtlW ZS "NIW 54-.L'ItlHdStl Z'IZ n (NW11tlllN3QI53tt)-dHN3Atl NNNOiS H.LNON .yz--------- -M/N-— I I " I I = I `I 1 u I I I ! I I Ig P W w �om�o I M.�- �a n I I I �uoseMssszalos s - L—m —I — — — .Lb'ZI I N.9SSfieZO N 8 3 g o 0 3 41 ..1 .ao+.. 61 z�'oaz°o3z aumo �FyQf oa 3-zF V I :aa�� 31 'dswaadMiaavW.zs"Nrws4 °m°x�Pgz 8 .l > ¢ .C1tlydStl Hd,OrM 31flYINtlA J ,WHO NO v .O ixVl'I'ItliLNdN6� NON3Ad ONtl1Ny0 H NON Z Z O y Z ,-q^„ O I-.— i t ..I 3���9 eZO N. � K kz< Cu�iO v. oA.i ---_— 3o1z MVd°wdSlxa koQm�¢��z �r l m�Fo�� ONN-o l °ao spa°o I oy�o� 3z3o " I aaw29o�gFoa �fo N zmo ovazsEn HP8,aooa o af0i Im zz z w �z Q N IP _ �0=3amx� U) " Ho rz-o =y : o°��h � I Izcu zffi 4 � °z fn co 3 ° 3a ow6a3�ao I H� oaz�d�mo^O�m I Fi=F �"m33x�a zw II I I I adFz��uP�4"zo oam x�o os�3og�r�az¢o I L-- 55'ES N„IZ,9peE0N"�,� ° I az6o^3°^yy�°� pay-m�z�Fzsoa I f � ockiQ°m„��3z��o� a �i'anmo�us�': �" o �<d�y�o�wia�< � y�JO'x=a°�3mz o�rx�r°Q M o4aT��'a3o�z Planning Commission January VAC-2024-0027 (JORDAN GROUP LLC) Page 10 of 13 CITY OF FAYETTEVILLE WO-11111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: January 13, 2025 Updated with final results SUBJECT: VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF- 24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of- way. RECOMMENDATION: Staff recommends forwarding VAC-2024-0027 to City Council with a recommendation of approval and with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2024-0027 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in central Fayetteville on W. North Street, approximately 500 feet east of the intersection with N. Garland Avenue. The property is zoned R-O, Residential Office and RMF- 24, Residential Multi -family, 24 Units per Acre, and overall contains approximately 0.50 acres. The eastern portion of the property is developed with a 1700 sq. ft. vacant structure that County records indicate was used as a veterinary hospital. No overlay districts or other natural features are present on site, but there is an approximately 20% change in grade moving as the property moves south from W. North Street, and there is significant tree canopy on the undeveloped portions of the site. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial/Mixed-Density Residential C-1, Neighborhood Commercial; C-2, Thoroughfare Commercial; CS, Community Services; RMF-24, Residential Multi -Family, 24 Units Per Acre South Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre West Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre Proposal: The applicant proposes to vacate a portion of street right-of-way adjacent to the north side of the subject property which totals approximately 0.24 acres. The applicant intends to redevelop the site with a multi -family housing development. DISCUSSION: Staff supports the applicant's request to vacate a portion of right-of-way. The right-of-way is 0.24 acres, and the proposed vacation would still provide the necessary right-of-way for W. North Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 1 of 13 Street to meet the master street plan for a Regional High -Activity Link Street. Any necessary street improvements will be fully determined at the time of the development proposal and may be required to be accommodated within the remaining right-of-way not affected by this vacation. However, in order to maintain consistency with City Plan 2024 goals of making compact, complete, and connected development the standard, staff recommends that an access easement is maintained to provide the opportunity for pedestrian connection from Oakland to W. North Street in the future. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. Utility Response Cox Communications No objections, provided that any damage or relocation of any Cox facilities will be at the applicant's expense. AEP/SWEPCO No objections, provided that the developer/builder ensures that equipment and construction personnel maintain minimum 10-foot clearance from overhead power lines at all times per OSHA rules. Black Hills Energy No objections and no comments. AT&T No objections, provided that the existing buried facilities need to be provided easements with a width of 10-feet on either side to cover their existence and AT&T maintenance. The aerial facilities that are going to need to be moved into the new right-of-way will require a "custom work order" to cover the costs of the AT&T relocations of existing to the new AEP poles. Ozarks Electric Citv of Favetteville Water/Sewer Solid Waste & Recycling Transportation No objections and no comments. Response No objections and no comments. No objections and no comments. No objections and no comments. Public Comment: Staff received comments from members of the public who had general concerns about the associated residential development on the site, the primary of which were centered around availability of parking in the area. No opposition was received related to the vacation itself. RECOMMENDATION: Staff recommends forwarding VAC-2024-0027 with the following conditions: Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained; Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 2 of 13 3. Applicant and/or property owner shall coordinate with AT&T to identify dimension and location of necessary easement to cover existing lines and maintenance, to a minimum width of 10 feet on either side of the existing lines; and 4. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right-of-way to the W. North Street right-of-way as shown in the attached exhibit. PLANNING COMMISSION ACTION: Required YES Date: January 27, 2025 O Tabled Forwarded O Denied Motion: Castin With all conditions as recommended by staff. Second: Werner 7-0-0 (on consent agenda BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • Applicant Petition to Vacate • Survey • Staff Exhibit • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 3 of 13 HALBERT LAW OFFICES ATTORNEYS AT LAW PO BOX 1272 FAYETTEVILLE AR 72702 PHONE (870) 572-3351 FAX (877) 450-0781 tripp@halbertlaw.net December 4, 2024 Dear Members of the Planning Commission and City Council, I am writing to formally present a request on behalf of the applicants/owners regarding the vacation of a street right-of-way and alley located at 903 W North St, Fayetteville, Arkansas. This request involves the right-of-way to the north of Parcel ID 765-10316-000 along W. North Street and the alley situated at the northernmost point of N. Oakland Ave. The intent of this request is to vacate these areas due to the City's lack of future use or need for the property. The abutting real estate, specifically PT LOT 1 BLOCK 2, ROSE HILL ADDITION, has been utilized by the public for many year. By vacating these areas, we aim to enhance the utility of the property for the benefit of the owners while ensuring compliance with existing rules and regulations. We appreciate your consideration of this request and look forward to your support in this matter. Should you require any further information or clarification, please do not hesitate to contact me. CEH/hdc Charles E. Halbert, Jr. Halbert Law Offices Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 4 of 13 HALBERT LAW OFFICES ATTORNEYS AT LAW PO BOX 2720 WEST HELENA AR 72390 PHONE (870) 572-3351 FAX (877) 450-0781 tripp@halbertlaw.net December 23, 2024 PETITION TO VACATE A STREET RIGHT-OF-WAY/ALLEY The Fayetteville City Planning Commission The Fayetteville City Council Attn: Jessie Masters 125 W Mountain St, Fayetteville, AR 72701 Email: jmasterskfUetteville-ar.gov RE: PT LOT 1 BLOCK 2, ROSE HILL ADDITION We, the Halbert Law Offices, on behalf the undersigned, Jordan Group, LLC, hereby petition to vacate the street right-of-way to the north of Parcel ID 765-10316-000, along W. North Street in the City of Fayetteville, Washington County, Arkansas, and the alley located at the northernmost point of N. Oakland Ave. The right-of-way and alley sought to be abandoned and vacated is more particularly described in Exhibit A. The abutting real estate affected by said abandonment of the street right-of-way is as follows: A PART OF LOTS 1-4, BLOCK 2 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, A PART OF LOTS 1 AND 2, BLOCK 3 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE AND A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE EAST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE WHICH IS N02055'56"E 112.47' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2 OF ROSE HILL ADDITION AND RUNNING THENCE N86050'37"W 50.00' TO THE WEST PLATTED RIGHT -OF - Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 5 of 13 WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N02055'56"E 49.51' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY N88019'38"W 149.55', THENCE LEAVING SAID RIGHTOF-WAY N03006'21"E 19.30', THENCE S89003'07"E 185.37', THENCE N88045'09"E 187.60' TO THE SOUTH MASTER STREET PLAN RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY S89021'46"E 48.20' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY NORTH STORER, THENCE ALONG SAID RIGHT-OFWAY S03002'44"W 19.80' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N1800712211W 17.32' TO AN EXISTING REBAR, S83029'04"W 199.93' TO AN EXISTING REBAR, S01025'59"W 35.00', N89013'57"W 18.52' TO THE EAST PLATED RIGHT- OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02055'56"W 15.60' TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. SUBJECT TOALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above -described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above -described real estate be vested in the abutting property owners as provided by law. Property Owner Information: Name: Jordan Group, LLC, Henry Jordan Mailing Address: 2532 E Ridgely Dr, Fayetteville, AR 72701 Type: Commercial Improvement Tax District: (011) Fayetteville School District Millage Rate: 57.00 Physical Address: 903 W North St Subdivision: Rose Hill Addition Block/Lot: 002 / N/A Size (Acres): 0.24 WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to 2 Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 6 of 13 that particular land the owners be free from the easements of the public for the use of said street. Dated this 23rd day of December, 2024 Q&tdl2'�&� Jorda Gr p, LLC Henry Jordon Authorized Agent 3 Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 7 of 13 R A Mprj E. -Surveyors Engineers En ors Y g Y 7230 S Pleasant Ridge Dr I Fayetteville, AR 72704 PH: (479) 442-93501 batesnwa.com LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION (NORTH STREET & OAKLAND AVENUE): A PART OF LOTS 1-4, BLOCK 2 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, A PART OF LOTS I AND 2, BLOCK 3 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE AND A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE EAST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE WHICH IS N02055'56"E 112.47' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2 OF ROSE HILL ADDITION AND RUNNING THENCE N86050'37"W 50.00' TO THE WEST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N02055'56"E 49.5 PTO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY N88019'38"W 149.55', THENCE LEAVING SAID RIGHT- OF-WAY N03006'21 "E 19.30', THENCE S89003'07"E 185.37', THENCE N88045'09"E 187.60, TO THE SOUTH MASTER STREET PLAN RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY S89021'46"E 48.20' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY NORTH STORER, THENCE ALONG SAID RIGHT-OF- WAY S03002'44"W 19.80' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°07'22"W 17.32' TO AN EXISTING REBAR, S83029'04"W 199.93' TO AN EXISTING REBAR, S01025'59"W 35.00', N89013'57"W 18.52' TO THE EAST PLATED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02055'56"W 15.60' TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 8 of 13 siohnmg • sjaau., u3 mwis�xa�awxxavaxnoa - S10Br�s aH rxl�asno�axe °xx�avxw,9w.xvx�� �aN391� �S---rrftz: ILIMS I �O1S N=aON_ (NMOHS'Xtlf+il'd'S'W aid MM',yyfN,ZS "NIW ,sb -1-Rds' nz (JI W'I'ryI1N301S31U - 3ON2ny a3aO.L5 H1aON I I I I I i I i- I I I I I I I I I I I I I I I I I I I I I I I I I L— r —' I I I I I I I I I I I I I I I I I I I I I L-- ---------t-M/a'd'S'W �g y I I I � 1 00'SE M�.65,SZa I05 � 8 9 a a > a a . i�vxasv Hiavn a7an ron Nnai n'71Naalsa� aHNanv aNvnrvo �I H1aoN I I 7 - —_ _Issb a;»s,ssezoN zl I I I I I 'I I I I I I --M/tI0NI1S4Ya a IP o I I Iz o =_- I I I I o 0 o 03 FO. tU'z}m �_ z �'z °o 3aumo b ��4F xgb o madF„z4F„o o mxmO°'a �w y�yZ= 3m ��zoym�J,F„ro 0 onoaya�^e a Kzf,m uFio"- } m��040 S�3 T.F 3°�h!j FUt,. 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I ym �� z zNH z, g cD It Q N CD " rzy odyF3o°��h i Izcu oz , fn (6,331 °3aow6a3�ao ..n'i �Oo �a�3oo3a Pz� I HI oaz�d�mo^O�m I �I o zy„oy I Fi=F �"�33x�a zw II I I l adFz��uP�4"zo oam x�o os�3og�r�az¢o 5S'E53-M9NION �yt•.pF O i az6o 3omyyo� pay_m�z�Fzsoa oro¢�'��aao�a'n a�manm z �" o < �om'xo^o Qap�o o p.aT��'a3o�z 000���„���ao� o�z�a z�mm Planning Commission January VAC-2024-0027 (JORDAN GROUP LLC) Page 10 of 13 VAC-2024-0027 One Mile View RSF Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center Unclassified Alley — Residential Link m Shared Use Paved Trail — Trail(Proposed) Design Overlay District 1 Fayetteville City Limits l Planning Area 903 W. NORTH ST 0 0.13 0.25 0.5 Miles �r i - - - - SYCAMORE T Subject Property �F�♦NG, TQH, ( %0L.L_. l P-� 1 Q MAPLE'S' m WE l`­Planning Area---------- Fayetteville City Limits ---- J- 1 zoning = I-2 General Ind-rial RESIDENTIAL SINGLE-FAMILY EXTRACTION NSG = E-1 !• RI-U COMMERCIAL RI-iz Residenlial-OFne NS-L C-1 �—den Ya Agrlcunurel C-2 RSF-.a C-3 RSF-1 FORM BASED DISTRICTS RRSF-2 Downtown Core S Urban Tlwroughhre an s—Center RSFA Down —General RSF-1a Community Servi.a RESIDENTIALMULTI-FAMILY Neighborhood Servkes RMF. Neighborhood ConserreYan RM112 PLANNED ZONING DISTRICTS RMF-1a Commercial. Industrial. Residential RMF-sa INSTITUTIONAL RMF- _ R 1 INDUSTRIAL I-1 Heavy Cemmarclal aM Light Induatdal annlnn .nmmlcslnn January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 11 of 13 VAC-2024-0027 Close Up View W Q J J W C z J Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 903 W. NORTH ST U HAZEL-ST NORTH'ST— HUGHES'ST W a G z a J Y a O -BERRY-ST- Feet 0 75 150 300 450 600 1:2,400 W W J 1-1 ■R 'J& NORTH RW RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 C-2 Community Services January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 12 of 13 vac-2024-0027 Current Land Use 903 W. NORTH ST NORTH y c Mixed Residential r ell ! Zone AE A'J Opp,$ I w Q � � � �'- �t` TCO Subject Property �" � 1FOR . a Zone AE I LULL.,t !� � % WEDINGTON D'Ra . - NORTH ST of Multi -Family Residential and Commercial Two -Family Residential 3 + -- - and Commercial N; 'S m ' k _ Mixed Residential and Undeveloped ,I 11 - it - i. Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity Unclassified ■ 100-Year Floodplain Alley Feet Floodway Residential Link — — — Trail (Proposed) 0 112.5 225 450 675 900 yPlanning Area 1:3 600 Fayetteville City Limits anninq Uommission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 13 of 13 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-151 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: PZD-2024-0008: Planned Zoning District (19 E. 19TH ST/THE FARM AT SOUTH SCHOOL, 602): Submitted by ECOLOGICAL DESIGN GROUP for property located at 19 E. 19TH ST. in WARD 1. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 22.67 acres. The request is to rezone the property to a planned zoning district. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in south Fayetteville at the east end of E. 19th Street and is approximately 3/10ths of a mile east of S. School Avenue. Currently developed with a residential structure and associated outbuildings, the property has recently applied for and received a business license for a small brewery. The property contains a total of six parcels that are zoned 1-1, Heavy Commercial & Light Industrial, RI-12, Residential Intermediate, 12 Units Per Acre, and RMF-24, Residential Multi -Family, 24 Units Per Acre. The southern portion of the property is within the Hillside/Hilltop Overlay District. Proposal: The applicant requests to rezone the property to a Planned Zoning District with three planning areas, as described below: • Planning Area 1 — 7.27 acres: The intention of this area is to provide commercial and agricultural uses, with a proposed microbrewery, event space, and small pasture areas for grazing animals. • Planning Area 2 — 8.54 acres: This planning area is intended to be a recreational and commercial area that incorporates uses such as a small stage for acoustic events, walking trails, and a pavilion. • Planning Area 3 — 6.86 acres: This planning area is intended to protect natural areas on the site and allow for passive recreational uses such as cabins for overnight stays. Public Comment: Staff received one inquiry about the proposal from an adjacent neighbor prior to the Planning Commission meeting. After viewing the proposed plans, the individual expressed little concern with the proposal. Two members of the public spoke in favor of the request at the meeting, but had concerns generally about the 19th Street extension on the master street plan. Land Use Compatibility: Staff finds the applicant's request to be compatible with the surrounding area. The proposed planned zoning district would marry a combination of agricultural, commercial, and passive outdoor Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 recreational space into one site at a scale that is compatible with surrounding land uses. The area in question is just over a mile away from the Fayetteville Square, but is surrounded by low -density residential, former industrial sites, and undeveloped land. The applicant has taken care to provide three separate planning areas for consideration, to reflect the existing land uses on the site, the existing topography, and the natural landscape. Planning Area 1, which is the highest intensity use, incorporates a microbrewery, restaurant, event space, and pasture spaces for grazing animals. Planning Area 2 proposes the potential for outdoor music, walking trails, and is more passive, recreational in nature. Planning Area 3 features the lowest intensity uses, with a few cabins for overnight stays, and primarily outdoor recreational uses. Staff finds that given the topography, surrounding uses, and natural features on site, the proposed uses are compatible. The proposed height allowances and building setbacks are also in line with what might be permitted under a more rural zoning district and will not overpower surrounding properties. Land Use Plan Analysis: Staff finds that the proposed planned zoning district is consistent with the intent of planned zoning districts and the City's adopted land use plans. City Plan 2040's Future Land Use Map designates this property as Rural Residential and those areas are intended to promote and encourage the conservation of woodlands, grasslands, and agricultural lands that are sparsely settled. Staff finds that the proposed plans are in line with the suggestions in the future land use map. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 4_5 for this site. Elements contributing to the highest score include the following: • Adequate Fire Response (Station 9, S. School Avenue) • Near Water Main (6" in E. 19th Street) • Near City Park (Walker Park) • Near Paved Trail (Town Branch Trail) • Near ORT Bus Stop (Route 20, School and 19th) DISCUSSION: At the January 27, 2025 Planning Commission meeting, a motion to forward with a recommendation of approval passed unanimously (7-0-0). Commissioners Werner and Castin offered the motion and second respectively. Commissioners inquired about future property management and asked staff for clarification regarding the master street plan connection after public comment. They generally viewed the request as a low - impact development, acknowledging necessary infrastructure improvements, and found the request compatible with current and future land use considerations. Two members of the public supported the request but expressed concerns about the 19th Street Neighborhood Link connection on the master street plan, urging its removal. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-151 PZD-2024-0008: Planned Zoning District (19 E. 19TH ST/THE FARM AT SOUTH SCHOOL, 602): Submitted by ECOLOGICAL DESIGN GROUP for property located at 19 E. 19TH ST. in WARD 1. The property is zoned I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 22.67 acres. The request is to rezone the property to a planned zoning district. AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-008 FOR APPROXIMATELY 22.67 ACRES LOCATED 19 EAST 19TH STREET IN WARD 1 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 approves PZD-2024-08 as described in Exhibits "A" and `B" attached to the Planning Division's Agenda Memo and the PZD booklet attached to the Planning Commission Memo which allows the development of 22.67 acres, which includes 7.27 acres of commercial and agricultural uses, 8.54 acres of recreational and commercial uses, and 6.86 acres of natural areas. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning criteria change provided in Section 1 above. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-151 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: PZD-2024-0008: Planned Zoning District (19 E. 19TH ST/THE FARM AT SOUTH SCHOOL, 602): Submitted by ECOLOGICAL DESIGN GROUP for property located at 19 E. 19TH ST. in WARD 1. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 22.67 acres. The request is to rezone the property to a planned zoning district. Budget Impact: Account Number Fund 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 # Change Order Number: Approval Date: Original Contract Number: Comments: EXHIBIT A PZD-2024-0008 19 E. 19TH ST One Mile View UC 0 0.13 0.25 0.5 Miles 1 1 1 1 P-1 o, 1 ST 1 I +1 MSC 1 �, 1 0 1 Subject Property _ _ _ - - - -O 1 19TH ST - W t > ) Q RMF-)A RI-12 t J t � t Regional Link Neighborhood Link Regional Link - High Activity - Unclassified - Alley - Residential Link ■ I Planned Neighborhood Link Shared -Use Paved Trail Trail (Proposed) Fayetteville City Limits iPlanning Area RSF-4 0 Planning Area _ Fayetteville City Limits _--- I I I I 0 LU R-A ` Q ■ ORTH RSF-8 `������� Zoning =I-2 General Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI-12 Residential-oFce NS-L C-1 �Residendal-Agricunural C-2 RSF-.5 C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Gore RSF< Urban TW,ughhre RSF-� Main Street Center RSFA Downlmm Generel RSF-18 ommunity Servi.s RESIDENTIALMULTI-FAMILY Neighborhood Se — RMF. Neighborhood Cons i—J. RM112 PLANNED ZONING DISTRICTS RMF-18 =Commercial. Indu—l. Residential RMF-sa INSTITUTIONAL RMF-Cg _ R 1 INDUSTRIAL I-1 Heavy Cemmerclal aM Light Induathal E I D I G EXHIBIT B PROPERTY LEGAL DESCRIPTIONS PROJECT: The Farm at South School DATE: December 13th, 2024 PARCEL: 765-15169-001 PT SW SW 1.65 AC DESCRIBED PER FILE 2010-3568: A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING IRON PIPE; THENCE N01°29'41 "E 902.00 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO AN EXISTING IRON REBAR AT THE NORTHWEST CORNER OF A TRACT OF LAND BELONGING TO DONALD F. ENGLAND AND RECORDED AS LAND DOCUMENT 2005-36652 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE S88°28'32"E 30.00 FEET ALONG THE NORTH LINE OF ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM Alum SAID TRACT OF LAND TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND ADVERSELY POSSESSED BY DONALD F ENGLAND AS REFERENCED IN 102 ARK.APP.1 54,283 S.W. 3D 228; THENCE N01°29'41"E 82.40 FEET ALONG THE WEST BOUNDARY OF SAID TRACT TO A POINT IN THE CENTER OF AN EXISTING PRIVATE DRIVE; THENCE S89°48' 14"E 181.17 FEET ALONG THE CENTERLINE OF SAID DRIVE TO A POINT; THENCE N88°57'48"E 397.15 FEET ALONG THE CENTERLINE OF SAID DRIVE TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF A ONE HUNDRED (100) FOOT WIDE RAILROAD RIGHT-OF-WAY; THENCE S72°37'45"E 210.82 FEET ALONG SAID RAILROAD RIGHT-OF-WAY LINE TO A POINT; THENCE S69°49'32"E 146.29 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY LINE, N88°28'32"W 919.25 FEET TO THE POINT OF BEGINNING, CONTAINING 1.65 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. PARCEL: 765-15168-000 PT W/2 SW 3.51 AC FURTHER DESCRIBED FROM 2016-26620 AS: PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS 902 FEET NORTH OF THE SOUTHWEST CORNER OF THE SAID FORTY ACRE TRACT AND RUNNING THENCE EAST 450 FEET THENCE SOUTH 350 FEET; THENCE WEST 450 FEET THENCE NORTH 350 FEET TO THE POINT OF BEGINNING. LESS & EXCEPT FROM 2021-40130: PART OF THE SOUTHWEST QUARTER (SW'/a) OF THE SOUTHWEST QUARTER (SW'/4) OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING #4 REBAR PLS #1005 ON THE WEST LINE OF SAID SW'/4 SW'/4 WHICH IS N01033'58"E 551.99 FEET FROM AN EXISTING 3/4" PIPE MARKING THE SW CORNER OF SAID SW 1/4 SW 1/4AND RUNNING THENCE ALONG SAID WEST LINE N01 031'29"E 61.54 FEET TO THE INTERSECTION OF SAID WEST LINE AND AN EXISTING FENCE LINE, THENCE LEAVING SAID WEST LINE AND ALONG SAID FENCE LINE THE FOLLOWING: S77055'45"E 45.75 feet, S74034'32"E 52.00 FEET TO AN EXISTING FENCE CORNER POST, S20019'32"W 43.06 FEET, THENCE LEAVING SAID FENCE LINE N88024'47"W 81.58 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES, MORE OR LESS. PARCEL: 765-15168-001 PT SW SW 0.11 AC FURTHER DESCRIBED IN 2021-40130 AS: Part of the SW/4 of the SW/4 of Section 22, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing #4 rebar PLS #1005 on the West line of said SW/4 SW/4 which is N01°33'58"E 551.99 feet from an existing 3/4" pipe marking the SW corner of said SW/4, SW/4 and running thence along said West line N01 °31'29"E 61.54 feet to the intersection of said West line and an existing fence line, thence leaving said West line and along said fence line the following: S77°55'45"E 45.75 feet, S74°34'32"E 52.00 feet to an existing fence corner post, S20°19'32"W 43.06 feet, thence leaving said fence line N88°24'47"W 81.58 feet to the point of beginning, containing 0.11 acres, more or less. PARCEL: 765-14990-001 PT SE SE 0.54 AC FURTHER DESCRIBED IN 2021-40128 AS: A PART OF THE SE/4 OF THE SE/4 OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN; WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING 3/4 INCH PIPE MARKING THE SE CORNER OF SAID SE/4, SE/4 AND RUNNING THENCE N32°01'47"W 6.22 FEET TO AN EXISTING TREE FENCE REMNANT CORNER, THENCE ALONG SAID FENCE REMNANTS THE FOLLOWING: N21°01'31"W 117.95 FEET, N04°18'16"E 138.82 FEET, NO2°27'22"E 131.68 FEET, N01°58'52"E 219.05 FEET, THENCE LEAVING SAID FENCE REMNANTS N11° 59'52"E 16.92 FEET, THENCE S77°55'45"E 35.98 FEET ALONG AN EXISTING FENCE LINE TO THE INTERSECTION OF SAID FENCE LINE AND THE EAST LINE OF SAID SE/4, SE/4, THENCE LEAVING SAID FENCE LINE AND ALONG SAID EAST LINE S01°31'29"W 61.54 FEET TO AN EXISTING #4 REBAR PLS #1005, THENCE CONTINUING ALONG SAID EAST LINE S01°33'58"W 551.99 FEET TO THE POINT OF BEGINNING. CONTAINING 0.54 ACRES, MORE OR LESS. ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM Alum PARCEL: 765-15175-000 PT SW SW 3.48 AC FURTHER DESCRIBED IN 2024-518 AS: Part of the SW/4 of the SW/4 of Section 22, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing 3/4" pipe marking the SW corner of said SW/4 SW/4 and running thence along the West line of said SW/4 SW/4 N01 °33'58"E 551.99 feet to an existing #4 rebar PLS #1005, thence leaving said West line S88°24'47"E 274.88 feet to an existing #4 rebar PLS #1005, thence S01°33'10"W 551.97 feet to an existing #4 rebar PLS #1005 on the South line of said SW 1/4 SWI/4, thence along said South line N88°24'58"W 275.01 feet to the point of beginning, containing 3.48 acres, more or less. PARCEL: 765-15167-000 PT W/2 SW 12.81 AC FURTHER DESCRIBED FROM 2016-26620 AS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP SIXTEEN NORTH, RANGE THIRTY (30) WEST, THENCE EAST ALONG THE BOUNDARY LINE OF THE LAST DESCRIBED TRACT 990 FEET THENCE NORTH 902 FEET, THENCE WEST 540 FEET, THENCE SOUTH 350 FEET, THENCE WEST 175 FEET, THENCE SOUTH 552 FEET TO THE POINT OF BEGINNING. ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO qpo-� ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING: January 27, 2025 Updated with final results SUBJECT: PZD-2024-0008: Planned Zoning District (19 E. 19TH ST/THE FARM AT SOUTH SCHOOL, 602): Submitted by ECOLOGICAL DESIGN GROUP for property located at 19 E. 19TH ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 22.67 acres. The request is to rezone the property to a planned zoning district. RECOMMENDATION: Staff recommends forwarding PZD-2024-0008 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward PZD-2024-0008 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in south Fayetteville at the end of E. 19th Street and is approximately 3/10 mile east of S. School Avenue. Currently developed with a residential structure and associated outbuildings, the property has recently applied for and received a business license for a small brewery. The property contains a total of six parcels that are zoned 1-1, Heavy Commercial & Light Industrial, RI-12, Residential Intermediate, 12 Units Per Acre, and RMF-24, Residential Multi -Family, 24 Units Per Acre. The southern portion of the property is within the Hillside/Hilltop Overlay District. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Industrial 1-1, Heavy Commercial and Light Industrial South Low -Density Single -Family RSF-4, Residential Single -Family, 4 Units per Acre Residential East Single -Family Residential 1-1, Heavy Commercial and Light Industrial Undeveloped West Undeveloped (University of RMF-24, Residential Multi -Family, 24 Units per Acre Arkansas) Proposal: The applicant requests to rezone the property to a Planned Zoning District with three planning areas, as described below: Planning Area 1 — 7.27 acres: The intention of this area is to provide commercial and agricultural uses, with a proposed microbrewery, event space, and small pasture areas for grazing animals. Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 1 of 39 • Planning Area 2 — 8.54 acres: This planning area is intended to be a recreational and commercial area that incorporates uses such as a small stage for acoustic events, walking trails, and a pavilion. • Planning Area 3 — 6.86 acres: This planning area is intended to protect natural areas on the site and allow for passive recreational uses such as cabins for overnight stays. Public Comment: To date, staff has received one inquiry about the proposal from an adjacent neighbor. After viewing the proposed plans, the individual expressed little concern with the proposal. INFRASTRUCTURE: Streets: This property has frontage to E. 19th Street at the northwest corner. From S. School Avenue to this property, E. 19th Street is an unimproved residential link with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. There is an existing dead end 6-inch watermain present in E. 19th Street at the northwest corner of this property. There is also a 24-inch water transmission main present along the south property line, but no connections shall be made to this line to protect the City's water distribution system. For fire protection purposes, the minimum waterline size is a looped 6- inch line or a dead end 8-inch line. The developer shall upgrade the 6-inch watermain in E. 19th Street to its connection with the 8-inch watermain along S. School Avenue at time of development, approximately 1,980 linear feet offsite. Sewer: Sanitary sewer is not available to the subject area. Due to surrounding topography and other natural features, it is not feasible to provide gravity sewer to this property. To provide sanitary sewer service, the developer will have to install a private lift station on their property. The force main from this lift station shall run along E.19th Street within a 20-foot-wide private sewer service line easement, not overlapping any public utility easements or right-of-way, then connect to a new public manhole on the east side of S. School Avenue. Gravity sewer shall then extend across S. School Avenue to connect to the existing 8-inch sewer line on the west side of the street. This will include approximately 1,980 linear feet of offsite private force main and 100 linear feet of public gravity sewer main. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 2,680 linear feet downstream of this property. Drainage: No portion of the subject property lies within a FEMA floodplain, nor is there a protected stream or hydric soils on the property. However, the approximate southern half of the property lies within the Hillside -Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Fire: Station 9, located at 2250 S. School Avenue, protects this site. The property is located approximately 0.7 miles from the fire station with an anticipated drive time Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 2 of 39 of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. The fire department has met with the development designers and has expressed some concerns about this project. Some of the issues are as follows: • 19th Street is a street in poor condition and does not meet the requirements for a fire access due to the width. • The street is a dead end and there are no current plans to extend the street through to another access point, this requires the street to be widened per the fire code. The water supply for fire hydrants is not sufficient for what is proposed to be built in the area; the water supply must be improved to meet the fire code requirements. Police: The Police Department did not comment on this request. Tree Preservation: The existing zoning districts of 1-1, Heavy Commercial and Light Industrial, RI-12, Residential Intermediate, 12 Units per Acre, and RMF-24, Residential Multi - Family, 24 Units per Acre, require 15%, 20%, and 20% minimum canopy preservation, respectively. The proposed PZD will require 25% minimum canopy preservation, and 30% canopy preservation in areas within the Hillside -Hilltop Overlay District. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Rural Residential. Rural Residential Areas recognize existing low -density large lot development but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled. These areas may or may not have adequate street and water infrastructure or public services, such as police and fire protection to support urban or suburban densities and development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 4-5 for this site with a weighted score of 5.5 at the highest level. Elements contributing to the highest score include the following: • Adequate Fire Response (Station 9, S. School Avenue) • Near Water Main (6" in E. 19' Street) • Near City Park (Walker Park) • Near Paved Trail (Town Branch Trail) • Near ORT Bus Stop (Route 20, School and 19t") FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility. Staff finds the applicant's request to be compatible with the surrounding area. The proposed planned zoning district would Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 3 of 39 marry a combination of agricultural, commercial, and passive outdoor recreational space into one site at a scale that is compatible with surrounding land uses. The area is question is just over a mile away from the Fayetteville Square, but is surrounded by low -density residential, former industrial sites, and undeveloped land. The applicant has taken care to provide three separate planning areas for consideration, to reflect the existing land uses on the site, the existing topography, and the natural landscape. Planning Area 1, which is the highest intensity use, incorporates a microbrewery, restaurant, event space, and pasture spaces for grazing animals. Planning Area 2 proposes the potential for outdoor music, walking trails, and is more passive, recreational in nature. Planning Area 3 features the lowest intensity uses, with a few cabins for overnight stays, and primarily outdoor recreational uses. Staff finds that given the topography, surrounding uses, and natural features on site, the proposed uses are compatible. The proposed height allowances and building setbacks are also in line with what might be permitted under a more rural zoning district and will not overpower any existing surrounding property. Land Use Plan Analysis: Staff finds that the proposed planned zoning district is consistent with the City's adopted land use plans. City Plan 2O4O's Future Land Use Map designates this property as Rural Residential and those areas are intended to promote and encourage the conservation of woodlands, grasslands, and agricultural lands that are sparsely settled. Staff finds that the proposed plans are in line with the suggestions in the future land use map. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning is justified at this time. The planned zoning district would allow for development that is compatible with existing, current land use surroundings as well as future land use goals of creating a rural residential area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning district may impact traffic and congestion, but likely less than the current zoning, which could allow up to 12 units per acre and industrial uses. Few traffic incidents have been reported at the W. 19th Street and S. School intersection. Any required street improvements to 19th Street will be evaluated during development, including at least some widening to meet fire code and construction of a portion of the W. 19th Street master street plan extension. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed PZD has the potential to increase the load on public services when considering that the property has limited access to water and sewer at this time, and several upgrades and extensions to water and sewer mains Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 4 of 39 would be required. The applicant has been working with City of Engineering staff to find a solution to water and sewer provision, which is indicated above. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A 4161.35. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Specia/ Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 5 of 39 Findings: Staff finds the proposed PZD meets the criteria in 161.35 for Planning Zoning Districts. The proposal offers a flexible approach to land use for a unique property, considering the natural landscape and surrounding area. It also provides ample open space, exceeding standard zoning requirements, while minimizing disruption to existing features. By placing certain uses conditionally, such as outdoor music and campgrounds, staff also recognizes that the applicant does not violate any other recognized zoning consideration. RECOMMENDATION: Staff recommends forwarding PZD-2024-0008 to City Council with a recommendation of approval and with the following conditions: Conditions of Approval: 1. Associated development will be required to provide adequate access for water, sewer, and emergency services; and 2. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes. Planning Commission Action Meeting Date: January 27, 2025 Motion: Werner Second: Castin Vote: 7-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • PZD Booklet • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map I--] Forwarded O Tabled with a recommendation of approval; with all conditions as recommended by staff. O Denied Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 6 of 39 ECOLOGICAL DESIGN GROUP 120 South Izard Street 216 W Birch Street Little Rock, AR 72201 Rogers, AR 72756 E D G From: Shannon Norman Date: December 13, 2024 Re: The Farm at South School Ecological Design Group, (EDG) is submitting this cover letter for the City of Fayetteville to describe The Farm at South School Development project. Owner Information: Owner: Wes Mickel Address : 19 East 191" Street, Fayetteville, AR 72701 Project Description: The Farm at South School master plan seeks to create a unique development that offers nature -based hospitality, event hosting, and agricultural experiences while being in close proximity to the heart of downtown Fayetteville and trail networks. The character of the buildings and offerings are influenced by the culture and natural beauty of the Ozarks and the vibrant and varied community of Fayetteville. The intention of applying for a PZD is to allow flexibility during the development process due to the nature of the master plan programming, the patchwork of current property zoning regulations across all parcels, and existing non -conforming infrastructure. These three situations are all current barriers to the development of the property, and would be alleviated with a PZD zoning. If you need any additional information or have any questions, please do not hesitate to contact me by phone at (501) 282.2567 or by email at snorman@ecologicaldg.com. Sincerely, Ecological Design Group Shannon Norman Planning Commission January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Pace 7 of 39 • Th 16 Q. 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I ZO ZO nning Commission aq - p i'a9zn z3�b o � 5 Z. €a 90 Z Oz= 5 � y o J i o o o t�� a� 92 5 s _ E 5 � i k �z zz3i� -�� E z � � 5 N� sEy � i oJ$i W - ozz3o4 q p m � z_� 8 Vo ��`��'�� sz - 5� �o �O�Wx m 2 �� 5 p s s?= o t =aozz�F� � o PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paae 34 of 39 sesue1AV alliAa11a(ej s� s o dE uedia�sew looN�s NjnoS le uuaej aWl g ; Z Q Lu Ln 5Q L J O O U H D 0 Q G LL Lu F— — N a w a w a w a < a < a o0 oU oU zz Zz Zz z9 Z-7 Z-7 d I � o� 13 I 00o0C o ►I o oo00 c��I 43 � Iy I d i s m Planning Commission PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paae 35 of 39 PZD-2024-0008 19 E. 19TH ST One Mile View 0 0.13 0.25 0.5 Miles 1 � 1 1 P-1 1 --.r MILO., 15T4d ST ORTH MSC 1 1 0 UC --_ 1 — — — �Z RSF-8 \ \ -O Subject Property _ _ - - - 1 _ I 19TH ST - I I Q � RMF-')A RI-12 t t t IN W I N --_ ♦ - I ST _i/I 0 I I t I I 0 J:R-A W Q ` ■ Regional Link Neighborhood Link Regional Link - High Activity - Unclassified - Alley - Residential Link I Planned Neighborhood Link Shared -Use Paved Trail Trail (Proposed) Fayetteville City Limits iPlanning Area RSF-4 0 Planning Area _ Fayetteville City Limits _--- `�___��� Zoning= I-2 Ganaml Indoatrial RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI-12 Rasidenlial-oFca NS-L C-1 ResmanYaI Agrlcu - IIIIIIII C-2 RSF-.s = C-3 RSP 1 FORM BASED DISTRICTS RSF-2 Downtown Core RSF< Urban Tlwrooghhm RSF' Maln Street Center RSFA Down— General RSF-1S Community S.—. RESIDENTIALMULTI-FAMILY Neighborhood Se — RMFE Neighborhood Conse J. RM112 PLANNED ZONING DISTRICTS RMF-13 I♦ Commercial. --I. Residential RMF-sa INSTITUTIONAL RMF-Cg _ R 1 INDUSTRIAL I-1 Heavy Cemmarclal aM Lbht Indoathal January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Paqe 36 of 39 PZD-2024-0008 Close Up View i TH ST � ii ♦♦ Neighborhood Link Planned Neighborhood Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits 19 E. 19TH ST -1 Subject Propery] RI-12 RSF-4 Feet 0 75 150 300 450 600 1:2,400 ,J& NORTH RSF-4 RI-12 RMF-24 1-1 Heavy Commercial and Light Industrial January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Page 37 of 39 January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Page 38 of 39 January 27, 2025 PZD-2024-0008 (THE FARM AT SOUTH SCHOOL) Page 39 of 39 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-152 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner SUBJECT: Appeal: PZD-2024-0005: Planned Zoning District (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. in WARD 4. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and located in the FAYETTEVILLE PLANNING AREA and contains approximately 44.00 acres. The request is to rezone the property to a PZD, PLANNED ZONING DISTRICT. RECOMMENDATION: City Planning staff recommends approval and the Planning Commission recommends denial of a request to rezone the subject property as described and shown below. BACKGROUND: The subject property is located in northwest Fayetteville just north of the intersection of Rupple Road and Weir Road. The property contains a total of nine parcels, eight of which are located in city limits and zoned RSF-4, Residential Single -Family, Four Units per Acre, and one of which is located outside of city limits in unincorporated Washington County. A request to annex the parcel in Washington County has been submitted concurrently with this request (ANX-2024-0001). The parcels in city limits were annexed in 2006. All parcels included in the project boundary are currently undeveloped and those on the east side of Rupple Road are largely covered by mature tree canopy. A protected stream is present on the west side of the site, though no portions of the property lie within a floodplain or the Hillside/Hilltop Overlay District and no hydric soils are present. This item was previously heard and denied by the Planning Commission and then appealed by the applicant to the City Council. The applicant's appeal was approved by City Council at their meeting on November 19, 2024. However, it was recently brought to city staff's attention that public notification was not performed for the appeal, so the appeal's approval is effectively invalid. This item is being brought back to City Council, with proper notification, for reconsideration. Request: The applicant requests to rezone the property to a planned zoning district with three planning areas, as described below: Planning Area A — 13.60 acres: The intention of this area is to provide single- and two-family dwellings with no density limitation. The allowable uses are similar to those allowed in other single- family and intermediate residential zoning districts. Planning Area B — 14.20 acres: This planning area is intended to be a residential area that Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 accommodates a wider range of building types, ranging from single- to multi -family dwellings. No density limitation is proposed in this planning area. • Planning Area C — 16.20 acres: This planning area is intended to protect natural areas and open space, includes more than one-third of the overall property, and has regulations that are identical to the City's R-A, Residential -Agricultural zoning district. Public Comment: Staff received public comment on this item following the publication of the Planning Commission staff report and at the Planning Commission meeting on October 14, 2024. Concerns were raised about the proposal for increased density near rural areas and low -density single-family residences, potential impacts on existing drainage issues, and compatibility with the City's future land use plans. Land Use Compatibility. On the balance of considerations, staff finds the applicant's request to be compatible with the surrounding area. As proposed, the planned zoning district would allow for a compact and complete residential development near low -density subdivisions. While no density maximums are proposed in the residential planning areas, the subsequent development associated with this PZD is intended to have a density of 3.7 units per acre based on the information provided, which is less than the maximum allowed by RSF-4 zoning. Staff finds that the applicant's request would allow for a compact residential development that promotes a wide range of housing types, encourages pedestrian -oriented design, and preserves natural features on site. Necessary street improvements and extensions and upgrades of water and sewer mains would be determined and required at the time of development. Land Use Plan Analysis: Staff finds that the proposed planned zoning district is somewhat consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates this property as Residential Neighborhood Area and those areas are intended to encourage a wide range of housing types which this PZD would allow. While the site has a low infill score range of 1-5, is located just within city limits, and has limited access to utilities, staff finds that it would not be encouraging suburban sprawl. Staff finds that the proposed PZD would be aligned with several goals of City Plan 2040 including Goal 2 (discouraging suburban sprawl) by allowing for a compact residential development with urban zoning standards that is compatible with the surrounding area, Goal 3 (making compact, complete, and connected development the standard), and Goal 6 (creating opportunities for housing). City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range of 11-55 for this site. Elements contributing to the highest score include the following: • Near Sewer Main (8" main, Ika Lane) • New Water Main (various mains, Rupple Road and Salem Road) • Near Public School (Holcomb Elementary School) • Near City Park (Gary Hampton Softball Complex) • Near Paved Trail (Rupple Road, Clabber Creek Trail) DISCUSSION: At the October 14, 2024 Planning Commission meeting, this item was denied by a vote of 4-5-0. Commissioners Madden, McGetrick, Brink, and Castin voted in favor of the request while Commissioners Gulley, Cabe, Werner, Garlock, and Payne voted against it. Commissioners in favor of the request found the PZD to be more favorable than the property's current zoning, RSF-4, since it would allow for compact development and the preservation of large natural areas. Commissioners opposed to the request expressed concerns about the property's low infill score, compatibility with the surrounding area, and limited access to Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 public infrastructure. Nine members of the public spoke at the meeting. Concerns were raised about the PZD's allowance for increased density near rural areas and low -density single-family residences, potential impacts on existing drainage issues, and compatibility with the City's future land use plans. After the project was denied by the Planning Commission, the applicant appealed their decision to the City Council. The appeal was heard and approved by Council at their November 19, 2024 meeting. However, it was recently brought to city staff's attention that public notification was not performed for the appeal, so the appeal's approval is effectively invalid. This item is being brought back to City Council, with proper notification, for reconsideration. Please see the attached Legal Department memo for additional detail. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6), Appeal Request Letter (#7), Legal Department Memo (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-152 Appeal: PZD-2024-0005: Planned Zoning District (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and located in the FAYETTEVILLE PLANNING AREA and contains approximately 44.00 acres. The request is to rezone the property to a PZD, PLANNED ZONING DISTRICT. AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2024-005 FOR APPROXIMATELY 44.0 ACRES LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD IN WARD 4 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 approves PZD-2024-05 as described in Exhibits "A", `B", and "C" attached to the Planning Division's Agenda Memo which allows the development of 44.0 acres of mixed residential units. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning criteria change provided in Section 1 above. Page 1 City of Fayetteville Staff Review Form 2024-152 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 1/31/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: Appeal: PZD-2024-0005: Planned Zoning District (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and located in the FAYETTEVILLE PLANNING AREA and contains approximately 44.00 acres. The request is to rezone the property to a PZD, PLANNED ZONING DISTRICT. Budget Impact: Account Number Fund 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 # Change Order Number: Approval Date: Original Contract Number: Comments: PZD-2024-0005 N. RUPPLE RD & W. SALEM Close Up View RD 010 CEDAR RIDGE L•N—Y O� U DQ Z � V � U HAYFIE\%P O 2 Regional Link Neighborhood Link Unclassified Residential Link fy Planned Residential Link Hillside -Hilltop Overlay District Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail(Proposed) PZD-2024-0005 EXHIBIT 'A' n j I ; IKA LN- � 1 CI i � 1 J I � 1 � 1 WEIR RD j l 1 I iAk ------.♦� ' "R RSF-8 NORTH 1 .,- Feet 0 137.5 275 550 825 1,100 1:4,500 IL Residential -Agricultural RSF-4 RSF-8 Neighborhood Services - Gen. Neighborhood Conservation FROM COUNTY ASSESSOR DATA - SURVEYOR LEGAL DESCRIPTION TO REPLACE THESE DESCRIPTIONS 001-16726-000 PT N/2 SW SW 8.06 AC FURTHER DESCRIBED IN 2021-48725 AS: A PART OF THE SW/4 OF THE SW/4 OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID 40 ACRE TRACT, THENCE N00°17'49"E ALONG THE WEST LINE OF SAID 40 ACRE TRACT 659.59 FEET TO THE TRUE POINT OF BEGINNING AND FROM WHICH A SET REFERENCE IRON ON THE EAST RIGHT-OF-WAY OF COUNTY ROAD 894 BEARS S89° 53'03"E 28.08 FEET, THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT S89°53'03"E 775.09 FEET TO A SET IRON; THENCE N00°29'33"E 290.00 FEET TO A SET IRON; THENCE S89° 53'03"E 19.70 FEET TO A SET IRON IN AN EXISTING FENCE; THENCE NO2°07'40"E ALONG SAID FENCE 160.10 FEET TO A SET IRON; THENCE LEAVING SAID FENCE N89°53'03"W 800.90 FEET TO A POINT ON THE WEST LINE OF SAID 40 ACRE TRACT AND FROM WHICH A SET REFERENCE IRON ON THE EAST RIGHT-OF-WAY OF COUNTY ROAD 894 BEARS S89°53103"E 27.99 FEET, THENCE S00°17'49"W 449.98 FEET TO THE POINT OF BEGINNING, CONTAINING 8.09 ACRES, MORE OR LESS. THE ABOVE DESCRIBED 8.09 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF COUNTY ROAD 894 ALONG THE ENTIRE WEST BOUNDARY, AND ALL OTHER EASEMENTS AND RESTRICTIONS, IF ANY. LESS AND EXCEPT: A PART OF THE SW/4 OF THE SW/4 OF SECTION TWENTY-NINE (29), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, THENCE N00°19'34"E 659.59 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO A POINT IN N. RUPPLE ROAD AND FROM WHICH AN EXISTING REFERENCE IRON SET IN 1998 BY LICENSED SURVEYOR #1005 BEARS S89°52'36"E 28.07 FEET, THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT, S89° 52'36"E 771.91 FEET TO THE TRUE POINT OF BEGINNING AND FROM WHICH AN EXISTING IRON REBAR BEARS N00°16'06"E 1.09 FEET, THENCE N00°16'06"E 263.08 FEET ALONG A LINE SURVEYED BY LICENSED SURVEYOR #1642 AND FILED AS DOCUMENT 2015-3183 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS TO AN EXISTING IRON AT A WOOD PRIVACY FENCE CORNER; THENCE N00°27'51"E 42.81 FEET ALONG SAID WOOD FENCE TO AN EXISTING IRON REBAR AT A FENCE CORNER; THENCE S89°01'51"E 24.76 FEET ALONG SAID WOOD FENCE TO AN EXISTING IRON REBAR; THENCE S02°40'22"W 15.70 FEET TO A POINT, THENCE N89°25'49"W 19.94 FEET TO A POINT; THENCE S00°29'33"W 290.00 FEET TO AN EXISTING IRON REBAR SET IN 1998 BY LICENSED SURVEYOR #1005; THENCE N89° 52'36"W 3.17 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. 765-21244-200 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SE SE 14.11 AC 765-21244-100 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SE SE 4.00 AC FURTHER DESCRIBED FROM 2023-9566 AS: A part of the SEI/4 of the SEI/4 of Section 30, T-17-N, R•30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW corner of said 40 acre tract, said point being an existing stone monument; thence S 00°16'33" E, 653.55 feet along the West line of said 40 acre tract to an existing Iron; thence N 89°50'16" E, 972.02 feet to a set 1/2" iron rebar for the true point of beginning; thence North 579.93 feet to a set 1/2" iron rebar; thence East 302.17 feet to an existing iron rebar on the West right-of-way line of West Salem Road, said point being on a 149.95 feet radius curve concave to the SE; thence Southwesterly along said curve and right-of-way line 24.78 feet, the chord for which being S 04°38'04" W, 24.75 feet to an existing iron rebar at the point of tangency of said curve; thence S 0° 05'59" E, along said right-of-way line 554.40 feet to an existing iron; thence leaving said right-of-way line, S 19°50'16" W, 301.14 feet to the point of beginning, containing 4,00 acres, more or less. 765-21244-300 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SW SW 2.00 AC 765-21244-400 PT SW SW 0.99 AC ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 765-21244-500 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SW SW 3.20 AC 765-21244-600 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SW SW 8.00 AC 765-21244-700 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SW SW 1.50 AC 765-21244-800 ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC 2005-40 PT SW SW 3.29 AC CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO qpo-� ARKANSAS TO: Fayetteville Planning Commission FROM: Gretchen Harrison, Senior Planner MEETING: October 14, 2024 (updated with results) SUBJECT: PZD-2024-0005: Planned Zoning District (N. RUPPLE RD. & W. SALEM RD./FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and located in the FAYETTEVILLE PLANNING AREA and contains approximately 44.00 acres. The request is to rezone the property, once fully annexed, to a PZD, PLANNED ZONING DISTRICT. RECOMMENDATION: Staff recommends forwarding PZD-2024-0005 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward PZD-2024-0005 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is located in northwest Fayetteville just north of the intersection of Rupple Road and Weir Road. The property contains a total of nine parcels, eight of which are located in city limits and zoned RSF-4, Residential Single -Family, Four Units per Acre, and one of which is located outside of city limits in unincorporated Washington County. A request to annex the parcel in Washington County has been submitted concurrently with this request (ANX-2024-0001). The parcels in city limits were annexed in 2006. All parcels included in the project boundary are current undeveloped and those on the east side of Rupple Road are largely covered by mature tree canopy. A protected stream is present on the west side of the site, though no portions of the property lie within a floodplain or the Hillside/Hilltop Overlay District and no hydric soils are present. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential Washington County: AG/SF Res 1, Agricultural Single-family Undeveloped Residential (1 Unit per Acre) Washington County: AG/SF Res 1, Agricultural Single-family South Rural Residential Residential (1 Unit per Acre) RSF-4, Residential Single -Family, Four Units per Acre East Single -Family Residential Washington County: AG/SF Res 1, Agricultural Single-family Undeveloped Residential (1 Unit per Acre) West Rural Residential Washington County: AG/SF Res 1, Agricultural Single-family Undeveloped Residential 1 Unit per Acre Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with three planning areas, as described below: Planning Area A — 13.60 acres: The intention of this area is to provide single- and two- family dwellings with no density limitation. The allowable uses are similar to those allowed in other single-family and intermediate residential zoning districts. Planning Area B — 14.20 acres: This planning area is intended to be a residential area that accommodates a wider range of building types, ranging from single- to multi -family dwellings. No density limitation is proposed in this planning area. Planning Area C — 16.20 acres: This planning area is intended to protect natural areas and open space and has regulations that are identical to the City's R-A, Residential - Agricultural zoning district. Public Comment. To date, staff has received no public comment on this item. INFRASTRUCTURE: Streets: The subject property has access to two public streets: Rupple Road and Salem Road. Both streets are unimproved with no curb and gutter or sidewalk. Any street improvements required in the area would be determined at the time of development proposal. Water: Public water is available to the site. There are existing lines differing in size along Rupple and Salem. This site does not have adequate water capacity for the typical requirement for fire flow. From the north, the lines in Rupple and Salem are fed by a single six-inch main. The utility department has designed plans for a pressure reduction project that will restrict connection to the south. In order to have hydrants in a development in the PZD area, a minimum line size of eight inches must be provided and it must tie into a line that is eight inches or larger. Sewer: Sanitary sewer is not available to the site. Main extensions will be required to provide sewer to future development. A downstream capacity study for sewer must be provided to determine if there are sewer capacity issues. Any capacity issues will have to be addressed prior to occupancy or final plat of a development. Drainage: No portion of the subject property lies within a FEMA floodplain or the Hillside/Hilltop Overlay District and there are no hydric soils on site. However, a protected stream is present. Streamside protection zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50 feet wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 7, located at 835 N. Rupple Road, protects this site. The property is located approximately 2.6 miles from the fire station with an anticipated drive time of approximately six minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request Tree Preservation: The proposed PZD and the existing RSF-4 zoning require 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 1-5 for this site with a weighted score of 5_5 at the highest level. Elements contributing to the highest score include the following: • Near Sewer Main (8" main, Ika Lane) • New Water Main (various mains, Rupple Road and Salem Road) • Near Public School (Holcomb Elementary School) • Near City Park (Gary Hampton Softball Complex) • Near Paved Trail (Rupple Road, Clabber Creek Trail) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: On the balance of considerations, staff finds the applicant's request to be compatible with the surrounding area. As proposed, the planned zoning district would allow for a compact and complete residential development in close proximity to low -density subdivisions. While no density maximums are proposed in the residential planning areas, the subsequent development associated with this PZD is intended to have a density of 3.7 units per acre based on the information provided, which is less than the maximum allowed by RSF-4 zoning. Staff finds that the applicant's request would allow for a compact residential development that promotes a wide range of housing types, encourages pedestrian -oriented design, and preserves natural features on site. Necessary street improvements and extensions and upgrades of water and sewer mains would be determined and required at the time of development. Land Use Plan Analysis: Staff finds that the proposed planned zoning district is somewhat consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates this property as Residential Neighborhood Area and those areas are intended to encourage a wide range of housing types which this PZD would allow. While the site has a low infill score range of 1-5, is located just within city limits, and has limited access to utilities, staff finds that it would not be encouraging suburban sprawl. Staff finds that the proposed PZD would be aligned with several goals of City Plan 2040 including Goal 2 (discouraging suburban sprawl) by allowing for a compact residential development with urban zoning standards that is compatible with the surrounding area, Goal 3 (making compact, complete, and connected development the standard), and Goal 6 (creating opportunities for housing). 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning is justified at this time. The planned zoning district would allow for development similar in density to the current zoning while allow for smaller lot sizes, attached units, and the preservation of natural areas. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The planned zoning district has the potential to impact traffic danger and/or congestion in this area, though traffic impacts would be comparable to those generated by development under the current zoning. Two traffic crashes have been reported along the property's frontage with one at the intersection of Weir Road and Rupple Road and one along Salem to the east. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed PZD has the potential to undesirably increase the load on public services when considering that the property has limited access to water and sewer at this time, and several upgrades and extensions to water and sewer mains would be required. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A 4161.35. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: Staff finds that the proposed PZD would provide flexibility with regard to the variety of housing types, the size of lots, and the density of development permitted on site. Staff also finds it to be compatible with surrounding land uses, which are largely residential. The applicant is coordinating with city staff on required improvements tied to the associated development. More usable and suitably located open space and other common facilities are proposed that would not otherwise be required or could be provided under the property's current zoning. Staff finds that the proposed PZD would allow for minimal disruption of existing natural features and be compatible with the goals of the City's future land use plans regarding providing opportunities for housing, discouraging sprawl, and promoting complete and compact development. RECOMMENDATION: Staff recommends forwarding PZD-2024-0005 to City Council with a recommendation of approval and with the following conditions: Conditions of Approval: 1. Any proposed lots without street frontage shall provide adequate access for water, sewer, and emergency services; and 2. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes. Planning Commission Action Meeting Date: October 14, 2024 Motion: Payne Second: Madden Vote: 4-5-0 BUDGET/STAFF IMPACT: None O Forwarded O Tabled O Denied (Motion to forward the item to City Council with a recommendation of approval) ATTACHMENTS: • Applicant Request Letter • PZD Booklet • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map - Public Comment Received After Publication of PC Staff Report flintlock ♦RCHITECTURE &LANDSCAPE ATTENTION: Fayetteville Planning Commission Planning Staff Development Services Staff 14 May, 2024 FOXTAIL MEADOWS PLANNED ZONING DISTRICT SUBMISSION Dear Commissioners and Staff, Flintlock LTD Co on behalf of United Built Homes respectfully submits this Planned Zoning District (PZD) application for your consideration. The proposed +/-160 residential unit development aims to provide a mix of housing types in a walkable neighborhood format that prioritizes common green space and natural drainage. This proposed development achieves City goals by sensitively transitioning density through a mixture of unit types; providing great connectivity; and offering abundant green space, walkability, and community potential. The proposed development is wholly in line with the City Plan 2040's primary goals of compact, complete, and connected growth which is intentional, sustainable, and mixed use. Transit ready and commercial supportive densities are provided, and housing is centered on low impact development stormwater features. We believe, and hope you agree, that this development will contribute to the community of Fayetteville and its aspirations for the future. Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect Foxtail Meadows Planned Zoning District Foxtail Meadows Planned Zoning District SEPTEMBER 23, 2024 A Ownership Pitts Revocable Trust 18836 Heads Ford Rd, Springdale AR 72764 PREPARED BY FLINTLOCK LTD CO Page 1 of 32 Foxtail Meadows Planned Zoning District A B C D E F G H I J K L M N U Ownership TABLE OF CONTENTS ProjectSummary.......................................................................................................................... GeneralProject Concept............................................................................................................... ProposedPlanning Areas.............................................................................................................. ProposedZoning Standards........................................................................................................... Planning Area A: Neighborhood Zone.................................................................................. Planning Area B: Missing Middle Zone................................................................................. Planning Area C: Open Space............................................................................................... Existing Property Zoning Standards............................................................................................... Zoning Comparison Chart..................................................................................................... Analysis of Site Characteristics...................................................................................................... RecreationalFacilities................................................................................................................... Reasons a Zoning Change is Required............................................................................................ Relation to Existing and Surrounding Properties............................................................................ Project Compliance with Fayetteville Comprehensive Land Use Plan + City Plan 2040.................... TrafficStudy................................................................................................................................. Impactson City Services................................................................................................................ Development Standards, Conditions, and Review Guidelines......................................................... Proposed Architectural Design Standards............................................................................. Proposed Landscape Standards............................................................................................ Planned Zoning District Intent Fulfillment...................................................................................... .1 .3 .5 .7 .8 .8 10 12 14 16 17 18 19 20 21 25 25 26 26 30 31 Page 2 of 32 Foxtail Meadows Planned Zoning District B Project Summary The proposed +/- 160 unit residential development aims to provide achievable housing options for our City's demographic needs structured in a walkable neighborhood format, with a series of storm parks lined by homes. The development will include nine parcels (765-21244-200, 765-21244-100, 765-21244-300, 765-21244-400, 765- 21244-500, 765-21244-600, 765-21244-700, 765-21244-800, 001-16726-000) totaling +/- 44 acres and sensitively preserves over one-third of the planning area as open green space. The entire site is shown as Residential Neighborhood on the Future Land Use Map and sits directly adjacent a City Neighborhood area to the south. At +/- 3.6 units per acre, the overall unit density of the proposed development falls below the current allowable four units per acre, yet this zoning district will allow that density to be gathered together in a pattern that promotes walkable community and utilizes natural drainages as green stormwater amenities. This proposed development patterns supports City goals in the housing it offers, the green space it preserves, and its development pattern that exemplifies City recommendations. WEM RD i M.w . Page 3 of 32 Foxtail Meadows Planned Zoning District Site Location Approximate location as seen aerially from the southeast. Page 4 of 32 Foxtail Meadows Planned Zoning District C General Project Concept Street and The project aims to continue the addition of single family home neighborhoods on the northwest Lot Layout edge of the City yet with a pattern of streets and lots that preserves more green space, respects natural drainages and their stormwater management performance, and reduces the City's long term infrastructure management costs. Smaller lots sizes will provide much needed smaller footprint homes for our dominantly 1-2 person household demographics and walkable age -in - place homes that are deed restricted for buyers age 55 and over. The lots and their street connections work with the existing topography to direct stormwater downhill towards places reserved for tree preservation, landscape buffer, streamside protection, and green amenity space. The proposed streets plan for and provide future interconnectivity with stub outs to potential developments to the north, west, and east. The layout also incorporates an existing home in the northwest corner into the new neighborhood. Because of the restricted geometry of the site, alleys are utilized throughout to provide rear -loaded access to units. This allows homes to more attractively face the street and reduces the higher costs of additional fully built out public streets. The resulting street layout is compliant with block length standards and ensures accessible access of greenspace and enjoyable and safe pedestrian avenues for all future residents. Smaller lots with less street frontage allow for lower overall street lengths than conventional neighborhood development, thereby requiring lower long term costs to maintain paving, sewer, and water infrastructure. Site Plan L--- --�- w. Salem rd. w.c. 894 SALEMRD — a o Oak e eeleeeeeeie WESTERN PORTION '"" s-_;...._.__.i...........:.... a _stamwdc a ...... ...... ..... .,v e... a C ee,aiere:e e:.e:.e a e' e e e` B' B C Ui UJ e 9 Q Prewrwd V) d `•, g .. fa Wd �vQsinim � � cala W ntpak 2 EASTERN PORTION Buffer Areas The proposed development provides a consistent landscape buffer along Rupple across the western portion of the planned development, including retention of a large natural draw for stormwater management. In the eastern portion of the proposed development, a large forested ravine is preserved along with a continuous strip of existing tree canopy along the southern edge. Single family homes otherwise line the edge of the planned zoning district and abut other single Page 5 of 32 Foxtail Meadows Planned Zoning District family homes on adjacent lots. In the northeast corner, an east -west linear storm park catches off -site drainage onto the development while acting as a landscape buffer to existing adjacent single-family homes. PRESERVE + GREEN AREAS r STORMWATER FLOW LINES Tree The bulk of the property has long been dominantly pastureland or unshaded meadow, yet in the Preservation past thirty years the patches of trees in the southeast -most portion have spread slowly into Areas broader coverage through the eastern portion of the planned development. The masterplan and planning areas preserve the largest portion of this vegetation (a +/- 10-acre area). Initial estimates promise retention of up to 43% of existing tree canopy, well above the 25% preservation required by PZDs. This figure does not include the central linear storm park running east -west on the eastern portion of the site that is likely to require regrading. Storm Water The masterplan responds to the existing landform and drainage patterns and reserves those and Detention areas to manage stormwater. On the western portion of the site, these patterns form a "V" Areas down through the middle of the site and up to the northeast. On the eastern portion of the site, a large "M" of ridges along the south and southeastern property line is reserved for stormwater management, and an east -west linear storm park captures additional stormwater across a more consistently sloped table in the northwest section. Those vegetated areas double as green amenity spaces. Undisturbed The southeastern portion of the site is a forested ravine. This approximately 7-acre portion Natural of the property will be left undeveloped as natural amenity space, hopefully as a public Areas recreational area. The existing topography suggests that most of site's stormwater will most efficiently run to the proposed storm park on the western portion of the site, allowing minimal impact to the more vegetated southeastern portion of the overall site. Existing and A waterline is proposed to be extended along Howard Nickell Road to the intersection of Hwy Proposed Utility 112, to provide adequate fire flows to the site while respecting the city's planned low pressure Connections zone to the south of the property. Sewer access is planned to be provided directly south via and Extensions easement through to Magnolia Crossings property. Existing utilities are further discussed in Section M: Impacts to City Services Page 6 of 32 Foxtail Meadows Planned Zoning District D Proposed Planning Areas The proposed Neighborhood Zones would replace existing Residential Single -Family - Four (4) Units Per Acre Zoning on the entire +/- 44.0 acres of the site. Neighborhood Zone A accounts of approximately 13.6 acres of the site, Neighborhood Zone B accounts for approximately 14.2 acres of the site, and Residential - Agriculture makes up the remaining and largest portion with +/- 16.2 acres. The half west of Rupple is planned to be age -in -place single -story cottages that are deed restricted for owners 55+. The same units will be built on the portion between Salem and Rupple but will be open to all buyers for a larger age striation. Unit sizes range from 1,220 sf to 2,050 sf. w O �. M LEGEND uuu w sal em rd w a f i� 4 B � . V O m! �kC (R-A1- 0 U III ......................... If �• X � U� O� i � C)�C1 B ni .y- :IR-A1-t7 �4� Q C t: 1 Ci Cl L C i) 0 G U 10 0004 •. a C UC0C)Q00C O i !� vOC;p,O0 v C`40UQUO0U0 S U 0 C> 0 C``OU _Q O_G - — C U Page 7 of 32 Foxtail Meadows Planned Zoning District E Proposed Zoning Standards Planning Area A: Neighborhood Zone (A) Purpose. • Provide an appropriately flexible neighborhood buffer to commercial, institutional, and single family residential uses • Create a flexible neighborhood pattern with a variety of adaptable building types limited by mass and height rather than use or unit numbers; • Promote and maintain the development of diverse housing types at a range of sizes and price points for a range of household arrangements to meet the needs of all citizens in all phases of life; • Allow more efficient and flexible use of existing and new housing stock at appropriate densities to support the long term maintenance of required infrastructure; (B) Intent. Planning staff shall evaluate the following criteria for suitability of uses in the Neighborhood Zone A: (1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standard, in the minimum easements and land encumbrances to ensure practical maintainability and access to all units without restricting future adaptations of site usage; (2) The form and massing of buildings should be scaled and detailed to create an inviting and timeless neighborhood pattern; (3) Block structure should be compact and connected, with a preference for alleys and pedestrian pathways creating additional mid -block connectivity and flexibility; (4) Buildings should address the street appropriately with visible pedestrian entries on the primary fagade connected to pedestrian pathways; (5) Parking and car connectivity should be secondary to safe, walkable, adaptable block structure and building usage (6) Building setbacks from the street should be minimized wherever possible to shorten the length of utility service lines and minimize maintenance and leakage potential; (7) Side yards are encouraged to be minimized unless functionally useful for building occupants or necessary for services like trash, stormwater, and utility pedestals. This allows additional units to be provided and reduces the length of infrastructure required to serve each unit, creating more financially sustainable neighborhoods; Proposed Zoning Standards (C) Uses. (1) Permitted Uses Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 24 Home occupations Page 8 of 32 Foxtail Meadows Planned Zoning District Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business Unit 12b General business Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 45 Small scale production (D) Density. None. (E) Bulk and Area Regulations. (1) Lot Width Minimum. 24 feet * Legal lots may meet their minimum lot width with frontage onto a private or public right of way, public or private open space, or pedestrian access (sidewalk or trail) as long as adequate utility easements and access and safe and convenient access for fire protection and sanitation vehicles exists. (2) Lot Area Minimum. None. (F) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 1 12 feet (G) Building Height Maximum. 3 stories (H) Minimum Buildable Street Frontage. 50% of the lot width. Page 9 of 32 Foxtail Meadows Planned Zoning District Planning Area B: Missing Middle Zone (A) Purpose. Create a flexible neighborhood pattern with a variety of adaptable building types limited by mass and height rather than use or unit numbers; Promote and maintain the development of diverse housing types at a range of sizes and price points for a range of household arrangements to meet the needs of all citizens in all phases of life; Allow more efficient and flexible use of existing and new housing stock at appropriate densities to support the long term maintenance of required infrastructure; (B) Intent. Planning staff shall evaluate the following criteria for suitability of uses in the Neighborhood Zone B: (1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standard, in the minimum easements and land encumbrances to ensure practical maintainability and access to all units without restricting future adaptations of site usage; (2) The form and massing of buildings should be scaled and detailed to create an inviting and timeless neighborhood pattern; (3) Block structure should be compact and connected, with a preference for alleys and pedestrian pathways creating additional mid -block connectivity and flexibility; (4) Buildings should address the street appropriately with visible pedestrian entries on the primary fagade connected to pedestrian pathways; (5) Parking and car connectivity should be secondary to safe, walkable, adaptable block structure and building usage (6) Building setbacks from the street should be minimized wherever possible to shorten the length of utility service lines and minimize maintenance and leakage potential; (7) Side yards are encouraged to be minimized unless functionally useful for building occupants or necessary for services like trash, stormwater, and utility pedestals. This allows additional units to be provided and reduces the length of infrastructure required to serve each unit, creating more financially sustainable neighborhoods; Proposed Zoning Standards (C) Uses. (1) Permitted Uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Page 10 of 32 Foxtail Meadows Planned Zoning District Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 5 Government facilities Unit 12a Limited business Unit 12b I General business Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 45 Small scale production (D) Density. None. (E) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 24 feet All other uses None * Legal lots may meet their minimum lot width with frontage onto a private or public right of way, public or private open space, or pedestrian access (sidewalk or trail) as long as adequate utility easements and access and safe and convenient access for fire protection and sanitation vehicles exists. (2) Lot Area Minimum. None. (F) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 1 12 feet (G) Building Height Maximum. 3 stories (H) Minimum Buildable Street Frontage. 50% of the lot width. Page 11 of 32 Foxtail Meadows Planned Zoning District Planning Area C: Open Space Planning Area C rezones existing RSF-4 area within the PZD extent to an area with regulations identical to R-A Residential Agriculture for the purpose of protecting natural areas and open space while minimizing the administrative burden on the City's staff to administrate an additional PZD zone when unnecessary to planning use. This planning area has regulations that are identical to R-A Residential Agriculture. (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (%) Page 12 of 32 Foxtail Meadows Planned Zoning District (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. Page 13 of 32 Foxtail Meadows Planned Zoning District F Existing Property Zoning Standards 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum ndarea per Fd 8,000 square feet 6,000 square feet elling unit Page 14 of 32 Foxtail Meadows Planned Zoning District (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. Page 15 of 32 Foxtail Meadows Planned Zoning District PERMITTED DENSITY LOT WIDTH MIN. (FT) LOT AREA MIN. (SF) FRONT SETBACK (FT) SIDE SETBACK (Fr) REAR SETBACK (FT) BUILDING HEIGHT MAX. BUILDING AREA(%) _ CURRENT RSF-4: Residential Single -Family- Four (4) Units Per Acre City-wide uses by right Single-family dwellings . Accessory dwellings . Short-term rentals City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Two-family dwellings 'a. Limited business I. Home occupations i. Wireless communications facilities 1. Cluster Housing Development 3 stories : 4 or less units per acre 7 units per acre or less : 70' 80' Zoning Comparison Chart PROPOSED Planning Area A: Planning Area B: eighborhood Zone Missing Middle Zone 1. City-wide uses by right 8. Single-family dwellings 9. Two-family dwellings 24. Home occupations 41. Accessory dwelling units 44. Cluster housing development 2. City-wide uses by conditional use permit 3. Public protection and utility facilities 4. Cultural and recreational facilities 5. Government facilities 10. Thre (3) and four (4) family dwellings 12a. Limited business 12b. General business 13. Eating places 16. Shopping goods 19. Commercial recreation, small sites 25. Offices, studios and related services 26. Multi -family dwellings 45. Small scale production 46. Short-term rentals 1. City-wide uses by right 4. Cultural and recreational facilities 8. Single-family dwellings 9. Two-family dwellings 10. Three (3) and four (4) family dwellings 24. Home occupations 26. Multi -family dwellings 41. Accessory dwelling units 44. Cluster housing development 2. City-wide uses by conditional use permit 3. Public protection and utility facilities 5. Government facilities 12a. Limited business 12b. General business 13. Eating places 16. Shopping goods 19. Commercial recreation, small sites 25. Offices, studios and related services 45. Small scale production 46. Short-term rentals None 24 (Single-family) 24 (Single-family) * Legal lots may meet their minimum lot width None (all others) with frontage onto a private or public right of * Legal lots may meet their minimum lot width way, public or private open space, or with frontage onto a private or public right of way, pedestrian access (sidewalk or trail) as long as public or private open space, or pedestrian access adequate utility easements and access and safe (sidewalk or trail) as long as adequate utility and convenient access for fire protection and easements and access and safe and convenient sanitation vehicles exists. access for fire protection and sanitation vehicles exists. None Planning Area C: R-A: Residential Agric 1. City-wide uses by right 3. Public protection and utility facilities 6. Agriculture 7. Animal husbandry 8. Single-family dwellings 9. Two-family dwellings 37. Manufactured homes 41. Accessory dwellings 43. Animal boarding and training 46. Short-term rentals 2. City-wide uses by conditional use permit 4. Cultural and recreational facilities 5. Government facilities 20. Commercial recreation, large sites 24. Home occupations 35. Outdoor Music Establishments 36. Wireless communications facilities 42. Clean technologies One-half (1/2) 200 8,000 None None 2 acres 12,000 _ A build -to zone that is located between the A build -to zone that is located between the front 35 front property line and a line 25 feet from the property line and a line 25 feet from the front front property line. property line. 5 None 20 5 5 12 (from center line of an alley) 12 (from center line of an alley) 3 Stories 3 Stories of lot width 50% of lot width There shall be no maximum height limits in the R- A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. None Page 16 of 32 Foxtail Meadows Planned Zoning District G Analysis of Site Characteristics The existing site comprises of large gentle ridges with mild to significant slopes into four valleys. The two southeastern valleys drain south to Clabber Creek, while the northern and western portions meander to the southwest, eventually draining west-northwest into Clear Creek. Based on historic aerial imagery, since 1965 the bulk of the property has been and remains clear of woody vegetation, excepting the southeasternmost portion of the site from which pioneer woody species have spread north over the past two decades. The site does not include hydric soils, historic wet prairie, or other sensitive ecologies. It is also outside the floodway of Clabber Creek to the south. IF Page 17 of 32 Foxtail Meadows Planned Zoning District H Recreational Facilities The proposed development includes considerate preserve areas along drainage lines, three linear storm parks for passive recreation, a +/- 7 acre preserved forested ravine, one neighborhood clubhouse and another smaller amenity space, and two pocket parks interspersed with single family lots. The site is walkable via existing sidewalks to the extensive Clabber Creek park and the future Underwood Park facilities and to Holcomb Elementary % mile to the south-southeast and Holt Middle School 1 mile to the south. The proposed development also sits on a main artery of the future planned trail extension up Rupple and curving around Howard Nickell to connect to the NWA Greenway and Mall area. Page 18 of 32 Foxtail Meadows Planned Zoning District Reasons a Zoning Change is Required The current zoning of Residential Single Family — 4 units per acre is not suitable to meet the City's needs for housing its rapidly increasing population while creating and protecting an enduring green network. Nor does it facilitate the compact, complete, and connected development of attainable and appropriately sized housing to which the City aspires, especially adjacent the Tier 3 center directly to the south on Fayetteville's Growth Concept Map. The compact, walkable, and deliberate development proposed here is the kind of development described in the City Plan 2040 that creates livable communities that require less investment in infrastructure by the City. Refer to Sections J and K following this section for more discussion of these elements. Page 19 of 32 Foxtail Meadows Planned Zoning District i Relation to Existing and Surrounding Properties The surrounding properties to the north outside City limits are larger lot single family residences and estate residential strips tucked into the forested hills. Patterned southeast towards Holcomb Elementary are RSF-8 and RSF-4 neighborhoods with minimal to no green space. Catty -corner to the southwest down Rupple is a +/- 4.7 acre Neighborhood Services — General site that may soon provide some of the commercial services and feel desired by its City Neighborhood designation in the Future Land Use plan. This proposed neighborhood development compatibly blends the compact footprints of attainable and age -in -place neighborhoods with the more rural natural setting of the County properties to the northwest through its intentional preservation of green space and provides a natural variety of housing product and price points with a walkable community structure. 'jca•'� em S.oaas •'d , • • • * N! li i7w live r Page 20 of 32 Foxtail Meadows Planned Zoning District K Project Compliance with Fayetteville Comprehensive Land Use Plan + City Plan 2040 --- -- ------- SITE LOCATION 12 wec., 4............. _ Paved Trail -, City =Limits iF'I •Tier 1 Center •Tier 2 Center • Special District Tier 3 Center , 49 High -activity Corridor Transit Corridor 66 G�oenlend Park ----- Planning Area j Enduring Green Network 7' Figure 2.0 - Growth Concept Map _ W 1 e i6 2rtyY 74 ----------------------- u P i 1:120,000 0 1 2 Miles :`.. 0 1 2 4 Kilometers The project site is part of a planned Tier 3 Center at N Rupple Road and W Weir Road. Tier Three Centers are intended to serve the immediately surrounding residential areas and will cater to the specific needs of a small market. As a result, no two will be the same. Some may be characterized by one or two commercial and/or multi- family buildings located on a single intersection while others develop into a mixed -use core extending over multiple blocks and serving a broad mix of housing. The nodal nature of Tier Three Centers are important for providing a unique sense of place to a neighborhood. Tier Three Centers shown on The Growth Concept Map are not intended to be inclusive of all non-residential services that may be identified at a neighborhood -scale analysis. Neighborhood -scale and micro -retail locations are embedded within the general land use policies discussed throughout City Plan, not on the Growth Concept Map. The project site is also located with frontage on a Regional Link along Rupple Road. The proposed development is wholly in line with the City Plan 2040's primary goals of compact, complete, and connected growth which is intentional, sustainable, and mixed use. Transit ready and commercial supportive densities are provided, and housing is centered on low impact development stormwater features and attainable age -in -place homes. The retention of green space and the compact walkable neighborhood design promotes this area as a peaceful community on the shoulder of the City Neighborhood Tier 3 hub. Page 21 of 32 Foxtail Meadows Planned Zoning District Figure 3.4 - Rural Goal 3 Objectives 3.3.1 Require new growth that results in neighborhoods, districts and corridors that are: • Compact — via denser housing; meaningful open spaces and preserves; small blocks • Complete — via housing; mixed uses; civic uses; jobs -housing mix in the neighborhoods • Connected — via street -oriented buildings; interconnected streets; interconnected greenways and trails 3.3.2 Prepare a transit -worthy community: increase density in highly walkable areas along logical future transit routes, and anticipate rail, street cars and other alternative transit modes. The 71B College Avenue Corridor Plan provides a framework for incrementally re- developing this major thoroughfare into a series of inter -connected and livable mixed -use districts. The City can provide redevelopment catalyst by making capital investments in increased street, sidewalk and trail connectivity. 3.3.3 Increase the viability of businesses by leveraging the economic performance of appealing environments that are mixed -use, walkable, and integrated with green space. The Razorback Regional Greenway illustrates the ability of the City to leverage capital investments in trail infrastructure to drive economic development. The City created the Fayetteville Alternative Transportation and Trail Plan in 2003 and began building the Scull Creek Trail with $2.1 million in funding provided by a bond issue passage. Additional yearly Capital Improvement Project funding of $1.3 million annually was used to build -out the remainder of the trail. The economic development catalyst that the trail provided is evidenced by the residential and commercial development occurring in nodes along the trail spine in south Fayetteville, throughout downtown/Dickson Street, in mid -town around Poplar Street, and throughout the uptown district along Mud Creek. Figure 3.6 - Traditional Development - D•bcMdHwx• P.eeervatlon a er.ti.y r.•.. o- Ap m imwn•u.« Figure 3.10 - Example Development Layout Figure 3.11- Example Development Layout Page 22 of 32 Foxtail Meadows Planned Zoning District The Proposed development's location in a Residential Neighborhood Area and directly adjacent a City Neighborhood Area reflects the creatively gathered density and emphasis on walkability that is required to support the Tier Center and Transit Readiness Goals of the City. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. The following guiding policies are designed to encourage future and existing residential neighborhoods to be or become more complete, compact and connected: • Encourage a block and street layout that promotes walkable and bicycle friendly road designs with slow vehicular design speeds. • Utilize principles of traditional residential urban design to create compatible, livable and accessible neighborhoods. • Eliminate designs elements that prohibit complete, compact and connected neighborhoods. • Protect and restore Fayetteville's outstanding residential architecture of all periods and styles. Page 23 of 32 Foxtail Meadows Planned Zoning District • Encourage the scale of new development to be compatible in use and proportionality between a variety of residential and non-residential uses. • Site new residential areas accessible to roadways, sidewalks, trails, transit, parklands, schools, existing utilities, and retail commercial goods and services. • Minimize through traffic on minor residential streets, while providing connections between neighborhoods to encourage openness and neighborliness. • Continue to encourage context -sensitive streets, allowing for efficient access to commercial residential areas for vehicles, pedestrians and cyclists. \49 SITE LOCATION _ _ yr Planning Area / 1 ed ng Wedl g , 1. n Jt Mal st 265 Figure 4.2 - City Limits and Planning Area V I - r >r `b' Planning'- Area „( f 9Ul � _ I- 0 ►ty Li o KI a 81v 16 SSth St un � s i Planning' = ,�c 74—� V " Area S ----,J One parcel (001-16726-000) will be concurrently annexed for this proposed development as they rest just outside current City limits yet sit well within the City's Planning Area as well as the "Mayor's Box" of Rupple Road and Howard Nickell Road. Page 24 of 32 Foxtail Meadows Planned Zoning District L Traffic Study A traffic study has not been deemed necessary at this time. Off Site Improvements will be determined at the time of development review. We would like to note that the age -restricted use of the property west of Rupple Road is likely to decrease traffic incident with the development significantly. M Impacts on City Services The development in question would add public water, sewer and street improvements to the city as well as add to the sidewalk connectivity to the city's network. The project would also require trash service, fire department services, and police services. The City has stated it cannot provide a letter guaranteeing any project service until that project has been approved, yet extensive coordination with water and sewer capacity has been completed in advance of the PZD. The developer understands the required water and sewer upgrades that will be required to serve the project. Existing utility connections are shown below. t Page 25 of 32 Foxtail Meadows Planned Zoning District N Development Standards, Conditions, and Review Guidelines Screening and Landscaping, Traffic and Circulation, Parking Standards, Perimeter Treatment, Sidewalks, Streetlights, Water, Sewer, Streets and Drainage, Construction of Non -Residential Facilities, Tree Preservation, Architectural Design Standards, Proposed Signage, and View Protection will follow City of Fayetteville Unified Development Code Standards, except as differentiated below. Proposed Architectural Design Standards Building Elevations will be submitted at the time of development and will meet the following requirements. (A) Purpose. The intent of this ordinance is to encourage timeless architectural form through the use of quality design and materials. The goal of the code is to promote functional architecture that creates attractive and usable space. (B) Applicability. The Architectural Design Standards are applicable in the following instances: (1) If a conflict occurs between different standards, these standards shall supersede the City's Nonresidential Design Standards; Office, and Mixed Use Design and Development Standards in the Downtown Design Overlay District and College Avenue Overlay District. (2) All new construction, additions or renovations shall comply with these standards regardless of whether the improvements require a permit; ordinary repairs and maintenance are not subject to these standards. Specifically, only the new construction or portions of the building that are being renovated shall comply with these standards. (3) Building designs that strictly comply with these standards are to be considered approved for matters of aesthetics and shall not require further discretionary review for architectural character or appearance. (4) Building designs that do not comply with these standards may be permitted by a variance after review and approval by the Planning Commission. (5) Building designs that are denied or approved by the Planning Commission may be appealed to the City Council. (D) Porches and Stoops. If a building has a porch or stoop then it shall comply with the following regulations: (1) Front Porches. (a) Standard. (i) Depth. 6 feet minimum from the principal facade to the inside of the column face. (i i) Length. 25 to 100% of the principal facade. Front porches may be multi -story and are required to be open or screened and non -air conditioned. (b) Right -of --Way Encroachment. Front porches may occur forward of the principal facade. Porches shall not extend into the right-of-way. Front porches and stoops shall not be built within 18 inches of the side property line on attached unit types. (2) Stoops. (a) Standard. Stoops may be covered or un-covered and stairs may run to the front or to the side. (i) Depth. 4 feet minimum from the principal facade to the inside of the column face for stoops with a covered landing. Page 26 of 32 Foxtail Meadows Planned Zoning District (ii) Height. 96 inches maximum. (iii) Length. Maximum 12-foot width for each individual building entrance or group of connected entrances. The pedestrian connection from the stoop to the public sidewalk shall be allowed to run from the door along the facade of the building, parallel to the street, for a maximum of 12 feet from the door, before connecting directly to the public sidewalk. (b) Right -of -Way Encroachment. Stoops may occur forward of the principal facade and may extend into the right-of-way in accordance with the building code adopted by the City of Fayetteville. (c) Placement. Sidewalks shall have a minimum 5 feet clear access for pedestrian movements. Stoops shall not be built within 18 inches of the side property line on attached unit types. (3) Projected Bay. (a) Standard. Bays shall consist of habitable space. (i) Depth. 4 feet maximum from the principal facade. (ii) Second Story Height. Bays above the first or ground floor shall have a minimum of 10 feet clear to the underside of the horizontal floor. Supports or appendages shall not extend below 7 feet clear. (iii) Length. 50% maximum of the principal facade length. (b) Second Story Right -of -Way Encroachment. Bays above the first or ground floor may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement. Projected bays shall not interfere with street trees, street lights, street signs or other such civic infrastructure. (E) Exterior Architectural Elements. The lists of permitted materials and configurations have been selected for their durability, sustainability and responsiveness to climate. The primary goal of the Architectural Elements is authenticity; the elements encourage construction that is straightforward and functional and draws its ornament and variety from the assembly of genuine materials. Items not listed in the Architectural Elements may be approved upon review by the Planning Commission. (1) Rear Yards Only. The following shall only be located in the rear yard unless screened in a side yard by a durable and attractive screen or fence enclosure: (a) Trash dumpsters. (b) Trash and recycling carts and bins. (2) Exterior Prohibited Materials. The following shall be prohibited: (a) Undersized Shutters. Shutters shall be sized so as to equal the width required to cover the window opening. (b) Shutters made of plastic. (c) Glass with reflective coatings other than clear glass with Low-E coatings. (See opacity and facade section). (d) Plastic or PVC roof tiles. (e) Aluminum siding. (f) Vinyl siding. (g) Wood fiber board. (h) Unfinished pressure -treated wood. Page 27 of 32 Foxtail Meadows Planned Zoning District (i) EIFS (Exterior Insulation Finish System) located on the first or ground floor. (3) Columns, Arches, Pedestals, Railings and Balustrades. (a) Permitted Configurations. (i) Square columns shall have a minimum width of 6 inches with or without capitals and bases. (i i) Round columns shall have a minimum 6-inch outer diameter with or without capitals and bases. (iii) Pedestals shall have a minimum width of 8 inches. (b) Permitted Materials. (i) Columns and Pedestals. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (i i) Arches and Lintels. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (iii) Railings and Balusters. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, concrete masonry units with stucco, stone, structural steel, cast iron, wrought iron, and glass. (4) Windows, Skylights, and Doors. (a) General Requirements. (i) Visible sills on the exterior of the building are required for all windows. (i i) Windows shall have trim on the sides and top when the exterior of the building is fiber cement siding. Window trim shall have a minimum dimension of 0.75 inches x 3.5 inches (a normal 1x4). (iii) A minimum of 10% of the window area per floor shall be operable with the exception of the first or ground floor. (b) Permitted Configurations. (i) All window configurations are allowed. (c) Permitted Finish Materials (i) Windows. Windows may be made of wood, aluminum, copper, steel, clad wood, thermally broken vinyl or aluminum. No false grids are permitted except for where mullions and muntins are permanently adhered to both the interior and exterior of a pane of thermally broken glass separated by a spacer aligned with the mullions or muntins in between panes of thermally broken glass. (Commonly referred to as simulated divided light windows). (i i) Doors. Doors may be made of wood, glass, fiberglass or metal. (Le. steel, aluminum, copper, bronze, etc.) (iii) Sills. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. Page 28 of 32 Foxtail Meadows Planned Zoning District (5) Roofs and Gutters. (a) General Requirements. (i) Roofs may be gabled, hipped, mansard, shed, gambrel, barrel-vaulted, or domed. (i i) Applied mansard roofs are not permitted. (iii) Low sloped roofs (less than 1 in 12 pitch) shall have light colored finish materials. (b) Permitted Configurations. (i) Gutters may be rectangular, square, half -round, or Ogee sections. (c) Permitted Finish Materials (i) Metal Roofs. Metal roofs may be made of galvanized steel, aluminum -zinc coated steel, copper, aluminum, zinc -alum, lead coated copper, terne, or powder coated steel. (i i) Shingles. Shingles shall be made of asphalt, metal, concrete, terra-cotta, slate, or cedar shingles or shakes. (iii) Gutters and Downspouts. Gutters and downspouts shall be made of copper, aluminum, galvanized steel, aluminum -zinc coated steel, lead coated copper, terne, or powder coated steel. (6) Garden Walls, Fences and Hedges. (a) General Requirements. (i) Fences, garden walls, or hedges are permitted along side yards, rear yards, and all property lines which abut public streets or alleys. (i i) Fences in the front yard shall be not be 100% opaque and shall provide visible separation between the fence slats. Fences in a rear or side yard, at least 6 feet behind the principal fagade of the primary structure, may be at a maximum 100% opaque. (b) Height. (i) Front yard (in front of the primary structure) maximum height of 42 inches. (i i) Fences located in the rear and side yards (behind the principal fagade of the primary structure) shall have a minimum height of 36 inches and a maximum height of 8 feet. (c) Permitted Configurations. (i) Wood Fences. Vertical picket fences or horizontal slat fences with corner posts, and split rail fences; privacy fences are permitted in the rear and side yard only, behind the principal fagade of the primary structure. (i i) Metal Fence. Fence shall be comprised of primarily vertical pickets with a minimum %-inch diameter, and 4-inch maximum clear space between the pickets. (iii) Brick and Stone. (d) Permitted Finish Materials (i) Wood. (i i) Wrought iron, steel and cast iron. (iii) Brick and stone. (iv) Concrete masonry units with or without stucco so long as the primary structure corresponds. Page 29 of 32 Foxtail Meadows Planned Zoning District (v) Reinforced concrete with or without stucco as long as the primary structure corresponds. (7) Opacity and Facades. (a) General Requirements. (i) Each floor of any principal building fagade above the first floor facing a park, square or street shall contain windows covering from 15% to 60% of the principal fagade area. (i i) The permitted percentage of glass may be increased to 80%for any two floors above the fourth floor provided that there is a minimum stepback of 15 feet from the principal fagade. (iii) A minimum of 10% of the window area per floor shall be operable with the exception of the first or ground floor. (iv) All glass shall have a Low-E coating. (v) Glass used above the first or ground floor shall have a visible transmittance rating of 0.4 or higher. (b) First or Ground Floor Requirements of Any Principal Fagade. (i) Glass on the first or ground floor shall have a visible transmittance rating of 0.6 or higher. (i i) Commercial space and storefronts shall have a minimum of 75% glass on the first or ground floor. (iii) Office, institutional, and other non-residential space shall have a minimum of 50% glass on the first or ground floor. (iv) Multi -family residential space shall have a minimum of 40% glass on the first or ground floor. (v) Single family and two (2) family residential space shall have a minimum of 5%glass on the first or ground floor. (vi) The measurement for glass percentage on the first or ground floor shall be calculated at the pedestrian level between 2-12 feet above the sidewalk. For a building fagade located outside of a build -to zone the measurement for glass percentage on the first or ground floor shall be at the pedestrian level between 2 and 12 feet above the finished floor elevation (FFE). (vii) Doors or entrances for pedestrian access shall be provided at intervals no greater than 50 ft. apart along the principal fagade. Proposed Landscape Standards The project will comply with the standard Landscape Standards of the City of Fayetteville. Where lots front onto an alley, public or private open space, or pedestrian access, either one (1) tree per lot or one (1) tree for every 30' of frontage, whichever is fewer, shall be provided. These trees shall be placed in the proximity of the lot yet shall not be required to be placed on the lot; they may be clustered or arranged to the benefit of the alley, open space, or pedestrian access in an overall quantity to meet the spirit of UDC 177.05(B). Page 30 of 32 Foxtail Meadows Planned Zoning District O Planned Zoning District Intent Fulfillment Flexibility While this project's design and philosophy is wholly in line with the City of Fayetteville's City Plan 2040 goals, the project requires the flexibility of a Planned Zoning District to achieve two elements: townhouses in sets of more than 4 contiguous units and alley -loaded units facing a park rather than a street right of way. In all other ways, the project could be developed under typical existing form -based zones. The flexibility of a PZD provides the project with the opportunity to provide more traditional townhouse blocks of 5 and 6 contiguous units and platted fee simple lots facing green space. This arrangement allows for density more in line with the city's goals, demographic and housing cost needs of citizens, and provides the opportunity for additional common natural space. Units with front porches that face directly onto a park allow young children to safely play together in park space right outside the front door, without the danger of crossing the street, and within the safe view of parents sitting on front porches and stoops. The public "right of way" as park maintains all the pedestrian connectivity and social connection of a neighborhood street, but replaces the large space typically dedicated to cars in the right of way to playing children and low impact development stormwater storage. Compatibility The surrounding properties to the north outside City limits are larger lot single family residences and estate residential strips tucked into the forested hills. Patterned southeast towards Holcomb Elementary are RSF-8 and RSF-4 neighborhoods with minimal to no green space. Catty -corner to the southwest down Rupple is a +/- 4.7 acre Neighborhood Services — General site that may soon provide some of the commercial services and feel desired by its City Neighborhood designation in the Future Land Use plan. This proposed neighborhood development compatibly blends the compact footprints of attainable and age -in -place neighborhoods with the more rural natural setting of the County properties to the northwest through its intentional preservation of a large percentage of the site's most sensitive ecological areas and provides a natural variety of housing product and price points with a walkable community structure. Harmony The PZD allows for an orderly and creative provision of housing in a walkable format with densities appropriate to the area and the supporting infrastructure in the neighborhood. Variety The proposed neighborhood provides a variety of unit types, uses, and price points for residents not typically found in an exclusionary single family neighborhood. The age -restricted western portion of the develop provides 2-3 bedroom units that address a critical market need for attainable age -in -place residences. The inclusion of multi -family housing by right in this PZD is purely a result of desiring to provide more traditional runs of townhouses with 5-9 contiguous buildings. No Negative The development provides no negative effect upon the future development of the area, Impacts providing a complete, compact, and connected street network and a flexible, traditional block structure that allows future flexibility and redevelopment within the neighborhood. Coordination The land surrounding the property to the south is largely already developed. Connections and rational edge to the development have been provided to the future development to the west, the large single family parcels to the northeast, and potential future connectivity to the east. These measures plan for future development and urbanization so they may occur in a coordinated and coherent manner. Open Space One of the primary benefits of the PZD approach for the development of this site is allowing the provision of more usable and suitably located open space for recreation than would otherwise be possible under typical zoning regulations. Page 31 of 32 Foxtail Meadows Planned Zoning District Natural Features The plan for the proposed development exemplifies the aims of PZDs to provide "maximum enhancement and minimal disruption of existing natural features and amenities." The existing landforms and drainage patterns are respected and celebrated through their integration into functional stormwater management and open green space amenity. The steep, wooded ravines on the eastern portion of the proposed development are intentionally preserved to minimize siltation and runoff for better water quality as well as to retain canopy coverage and natural habitat that can be sensitively enjoyed for passive recreation. Future Land The PZD's careful layout of planning areas secures considerately gathered density as a means to Use Plan nurture the postcard aspiration of traditional communities with neighbors chatting from porch to porch and preservation of natural areas that are harmoniously consistent with the guiding policies of the Future Land Use Plan. Special Features The site's topography and drainage patterns present challenges to providing dense enough development without significant earthwork and engineered stormwater management. The geometry and dimensions of the site makes efficient, rear loaded units a challenge. The PZD's innovative approach to frontages and careful attendance to planning area layout allow for a reasonable density and unit mix that would be challenging under typical zoning regulations. Recognized The proposed zoning approach is novel and allows a degree of flexibility use designed to reduce Zoning car trips and increase the walkability and resilience of the neighborhood. It does allow Consideration several things not currently typical to the city's zoning regulations, as is appropriate and intentional to the concept of PZD's within the city. City Plan 2040 - .......:.. Master Street Plan " ..""" i i Jl-- _. -41 �u r _ L hde.n. L,.k w mn n.erm --.. n ane�n�aUO 0 os Page 32 of 32 PZD-2024-0005 N. RUPPLE RD & RD W. SALEM Ak NORTH One Mile View 0 0.13 0.25 0.5 Miles HO RD NICKELL-RDA I F Subject Property J t R_p Q C0 �l J ; a _, al I a RSF-8 � I NS-G NC � � I RSF-4 P-1 to I I ' Regional Link zoning RESIDENT IALSINGLE-FAMILY �I-z Ganan,l mausmsl EXTRACTION �E-, Neighborhood Link - =RI-U RI-12 COMMERCIAL Resitlenlial- . — Unclassified �NSL � Resmennal-ngneene.al C-1 � c-z _ C-3 — ResidentialLink _ _ _ RSF-1 FORM BASED DISTRICTS - - RSF_2 � Downtown Gore Planned Residential Link RSF< RSF-) �urUanTlwroagnhre Maln SVeat Center ��-Shared-Use Paved Trail RSFAM RSF-1 RESIDENTIAL MULTI Down —Genre, �cnmmemrysan,i.a — — Trail (Proposed) i O -FAMILY RMFE I• RM112 NeigM1b h-1 Servkes = NeigM1b h—I Con eYo PLANNED ZONING DISTRICTS _ _ — — Fayetteville City Limits - - Planning Area - -= - ! �RMF-18 �RMF-z^ �Commereial.IntlusNal.R itleMial INSTITUTIONAL Planning Area Fayetteville City Limits RMF _ R1 INDUSTRIAL Rea GemmerclsleMLgMlnaaetael PZD-2024-0005 N. RUPPLE RD & W. SALEM Close Up View RD 0 kt CEDAR RIDGE L•N—Y O� U DQ Z � V � U HAYFIE\%P O 2 Regional Link Neighborhood Link Unclassified Residential Link fy Planned Residential Link Hillside -Hilltop Overlay District Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail(Proposed) j 1� ; IKA LN- � 1 CI i 1 � 1 WEIR RD l 1 I iAk ' - - - - - -. ♦ _ ' " R-A RSF-8 :NORTH-C Feet 0 137.5 275 550 825 1,100 1:4,500 IL Residential -Agricultural RSF-4 RSF-8 Neighborhood Services - Gen. Neighborhood Conservation PZD-2024-0005 N. RUPPLE RD & W. SALEM RD Ak Current Land Use NORTH _yy, is O /y'�q ✓ ,r�r . t Single -Family Residential ` ,,,�; • f 7, . _ Single -Family Residential, Commercial, and ' Ir _ r !�`' •`''' Undeveloped d s" Subject Property k « Single -Family Residential y 1� 4 G Single -Family Residential a e �? a 4 � r '.r., VIr 41 i Regional Link FEMA Flood Hazard Data Neighborhood Link Unclassified ■ 100-Year Floodplain Residential Link Feet Floodway ■ ■ Planned Residential Link — — — Trail (Proposed) 0 150 300 600 900 1,200 yPlanning Area 1:5 000 _ _I Fayetteville City Limits ' PZD-2024-0005 N. RUPPLE RD & W. SALEM AL Future Land Use RD NORTH Natural Rural Residential Regional Link Neighborhood Link Unclassified Residential Link ■ ■ Planned Residential Link _ ~ Planning Area _ ! Fayetteville City Limits — — — Trail (Proposed) Subject Property a ,- City , ' J Neighborhood , ' t7: , kesidential Nei hborhoo , 0 W , J a Z , Feet 0 305 610 1,220 1:10,000 1,830 2,440 HOWARD NICKELL-RD Civic Institutional City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center 10/30/24, 11:58 PM Mail - Harrison, Gretchen - Outlook Outlook RE: Foxtail Meadows PZD (PZD-2024-0005) From Michael Mauldin <mike@mauldinvaught.com> Date Sun 10/13/2024 1:12 PM To Harrison, Gretchen <gharrison@fayetteville-ar.gov> 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. Hello Gretchen, thank you for your email. I wanted to take you up on your offer to reply with concerns. In short, I oppose the PZD request. Compatibility • Page 1 of the memo lists surrounding land uses and zoning. The surrounding land in All directions list 1 unit per acre. This proposed high -density development is not compatible with the surrounding land. • Page 2 lists planning areas A and B will provide for single- and multi -family dwellings with no density limitation. The nearest multi -family units are miles away.. This is not compatible with the surrounding land. Density • The current zoning for portions (not all) of the proposed development is RSF-4. On page 3, staff describe the density to be 3.7 units per acre which is less than the current RSF-4. However, once you only consider the Areas A and LB (totaling 27.8 acres) that will be used for construction of the 160 units, the density will be 5.75 units per acre. Therefore, the lot sizes (with minimum setbacks and/or zero lot lines) are much smaller than RSF-4 neighborhoods in the area. This is mentioned again later under Drainage concerns. Neither the density nor the lot sizes of the PZD are compatible with the surrounding land. Infrastructure • Streets — all 160 units will only access a small 2-lane portion of N Rupple Rd. No curb and gutter and no sidewalk. Staff describe access to Salem Rd, but the plans show no outlet on Salem. Unless the developer is required to install and connect to existing curb and gutter and sidewalks,, residents and pedestrians would be required to share this narrow 2-lane portion of Rupple Rd. • Water — the waterline isn't large enough to provide adequate water capacity for fire flow to properly_ protect this development. • Sewer — sewer is not available to the site. Even if the developer paid to extend the sewer to the site, I don't see where the city would benefit after this one development. Surrounding land is already developed and utilizes septic. • Drainage — o My property adjoins the North side of Phase 1. When we built our home 10 years ago, we were required to install a special cap and fill septic system because the water table was too high. Phase 1 sits lower than our property. o There's a large storm water pipe between my house and the Harris house. The water runs into the Phase 1 field and ultimately in the pond or on down the hill. I need to make sure https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2YiliMW11LWQ3YzUOZjQ1 MZEZNQAQAAdW46VCNHJKhlIIOk%2B5m00%3D 1/3 10/30/24, 11:58 PM Mail - Harrison, Gretchen - Outlook that storm water will continue to flow as good, if not better, than it already does after the property is developed. If the developer brings in a bunch of dirt and stops the flow of water, I've got to make sure it's got somewhere to go. The amount of water is often substantial. o During Spring downpours, a large portion of Phase 1 (which has a large low area) has had standing water for some time. This makes me concerned it may have severe soil saturation issues. o The initial plans show lot sizes that will allow for little to no greenspace around the houses. This, in addition to having a substantial amount of hard surfaces from both streets and alleys makes me concerned of the sites ability to process/absorb runoff with no impact to surrounding properties. I would expect the need for a detention pond separate from the protected area around the stream in Phase 1, but I don't see one on the plans provided. Fire - The anticipated response time would be 8.2 minutes. This development would be within city limits and not meet the City's response time goal of 6 minutes. Infill Matrix... here is the Al Overview of the City Plan 2040 Infill Matrix: • Infill scores are typically low, around 5-6, but can increase if park improvements and other services are constructed nearby. The city's goal is to create compact, connected, and complete neighborhoods in an area with many employment opportunities but limited housing. • Concerns o The score range was 1-5 for this site which is lower than the (low) 5-6 mentioned above. o This neighborhood would not be connected. It's isolated because it's surrounded by Agricultural Single -Family Residential (1 unit per acre). d Depending on the requirement for the developer to install curb and cutter and connect to existing sidewalks, a portion of a residents -1 mile walk to reach the softball park or paved trail would be on a narrow 2-lane road with no curb and gutter or sidewalks. The walk back could be intense for some in the 55+ community because it's up a steep hill. o Unless all residents want to work at Holcomb Elementary, there are no employment opportunities in the area to meet the infill matrix goal of providing housing near employment opportunities. Summary This development is trying to fit a square peg in a round hole. It's trying to provide for urban infill on land that is barely in city limits where there is not adequate infrastructure ... streets, water, sewer, drainage, or fire. When staff uses phrases like "on the balance of considerations" or the proposed PZD is "somewhat consistent with the City's adopted land use plans", it just feels like this development is being forced for some reason. I respectfully request the PZD proposal not be approved. A large portion of the development is already zoned RSF-4 which is closer to compatible with neighborhoods in the area. This PZD proposal (that literally sets no density limits) is not compatible with any neighborhoods I can think of in the NW corner of the City ... yet alone on the very outskirts of city limits surrounded by 1 unit per acre properties. Thank you, Mike Michael V. Mauldin, CPA, CVA Mauldin Vaught, PLLC 4064 N Remington Drive Fayetteville, Arkansas 72703 Phone 479-587-1040 www.MauldinVaught.com https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil MWl1LWQ3YzU0ZjQ1MZEZNQAQAAdW46VCNHJKhlllOk%2B5m00%3D 2/3 10/30/24, 11:58 PM Mail - Harrison, Gretchen - Outlook A•A MAULDIN VAUGHT CF 2TiFIFO PUDIC ACCOUNTANTS Confidentiality Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. If you have received this email in error please notify the sender and delete the email. Please note that any views or opinions presented in this email are solely those of the author and not necessarily those of the company. The recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. From: Harrison, Gretchen <gharrison@fayetteville-ar.gov> Sent: Friday, October 11, 2024 2:38 PM To: Michael Mauldin <mike@mauldinvaught.com> Subject: Foxtail Meadows PZD (PZD-2024-0005) Good afternoon Mike, Attached is a copy of the report that we have prepared for the planned zoning district (PZD) on Rupple Road. Please feel free to reach out if you have questions about anything included in the report, want more information, or would like to comment on it. Thank you, Gretchen Harrison Senior Planner City of Fayetteville, Arkansas (479) 575-8263 Website I Facebook I Twitter I Instagram I YouTube CITY OF WOO FAYETTEVILLE ARKANSAS https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2YiliMW11LWQ3YzUOZjQ1 MzEzNQAQAAdW46VCNHJKh1110k%2B5m00%3D 3/3 10/30/24, 11:58 PM Mail - Harrison, Gretchen - Outlook Outlook Foxtail Meadows From Flint Harris <flint@breakstonebuilding.com> Date Mon 10/14/2024 10:10 AM To Harrison, Gretchen <gharrison@fayetteville-ar.gov> 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. Gretchen, I live next door to Mike Mauldin. The proposed Foxtail Meadows community will abut my house. oppose the Foxtail Meadows PZD request for the reasons Mike already laid out. I've copied his response below. Compatibility • Page 1 of the memo lists surrounding land uses and zoning. The surrounding land in All directions list 1 unit per acre. This proposed high -density development is not compatible with the surrounding land. • Page 2 lists planning areas A and B will provide for single- and multi -family dwellings with no density limitation. The nearest multi -family units are miles away. This is not compatible with the surrounding land. Density • The current zoning for portions (not all) of the proposed development is RSF-4. On page 3, staff describe the density to be 3.7 units per acre which is less than the current RSF-4. However, once you only consider the Areas A and B (totaling 27.8 acres) that will be used for construction of the 160 units, the density will be 5.75 units per acre. Therefore, the lot sizes (with minimum setbacks and/or zero lot lines) are much smaller than RSF-4 neighborhoods in the area. This is mentioned again later under Drainage concerns. Neither the density nor the lot sizes of the PZD are compatible with the surrounding land. Infrastructure • Streets — all 160 units will only access a small 2-lane portion of N Rupple Rd. No curb and gutter and no sidewalk. Staff describe access to Salem Rd, but the plans show no outlet on Salem. Unless the developer is required to install and connect to existing curb and gutter and sidewalks, residents and pedestrians would be required to share this narrow 2- lane portion of Rupple Rd. • Water — the waterline isn't large enough to provide adequate water capacity for fire flow to properly_ protect this development. • Sewer — sewer is not available to the site. Even if the developer paid to extend the sewer to the site, I don't see where the city would benefit after this one development. Surrounding land is already developed and utilizes septic. • Drainage — https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2YiliMW11LWQ3YzUOZjQ1 MzEzNQAQAJRcJfp4ZKdAoRgiJN9K030%3D 1/3 10/30/24, 11:58 PM Mail - Harrison, Gretchen - Outlook o My property adjoins the North side of Phase 1. When we built our home 10 years ago, we were required to install a special cap and fill septic system because the water table was too high. Phase 1 sits lower than our property. o There's a large storm water pipe between my house and the Harris house. The water runs into the Phase 1 field and ultimately in the pond or on down the hill. I need to make sure that storm water will continue to flow as good, if not better, than it already does after the property is developed. If the developer brings in a bunch of dirt and stops the flow of water, I've got to make sure it's got somewhere to go. The amount of water is often substantial. o During Spring downpours, a large portion of Phase 1 (which has a large low area) has had standing water for some time. This makes me concerned it may have severe soil saturation issues. o The initial plans show lot sizes that will allow for little to no greenspace around the houses. This, in addition to having a substantial amount of hard surfaces from both streets and alleys makes me concerned of the sites ability to process/absorb runoff with no impact to surrounding properties. I would expect the need for a detention pond separate from the protected area around the stream in Phase 1, but I don't see one on the plans provided. Fire - The anticipated response time would be 8.2 minutes. This development would be within city limits and not meet the City's response time goal of 6 minutes. Infill Matrix... here is the Al Overview of the City Plan 2040 Infill Matrix: • Infill scores are typically low, around 5-6, but can increase if park improvements and other services are constructed nearby. The city's goal is to create compact, connected, and complete neighborhoods in an area with many employment opportunities but limited housing. • Concerns o The score range was 1-5 for this site which is lower than the (low) 5-6 mentioned above. o This neighborhood would not be connected. It's isolated because it's surrounded by Agricultural Single -Family Residential (1 unit per acre). o Depending on the requirement for the developer to install curb and cutter and connect to existing sidewalks, a portion of a residents -1 mile walk to reach the softball park or paved trail would be on a narrow 2-lane road with no curb and gutter or sidewalks. The walk back could be intense for some in the 55+ community because it's up a steep hill. o Unless all residents want to work at Holcomb Elementary, there are no employment opportunities in the area to meet the infill matrix goal of providing housing near employment opportunities. Summary This development is trying to fit a square peg in a round hole. It's trying to provide for urban infill on land that is barely in city limits where there is not adequate infrastructure ... streets, water, sewer, drainage, or fire. When staff uses phrases like "on the balance of considerations" or the proposed PZD is "somewhat consistent with the City's adopted land use plans", it just feels like this development is being forced for some reason. I respectfully request the PZD proposal not be approved. A large portion of the development is already zoned RSF-4 which is closer to compatible with neighborhoods in the area. This PZD proposal (that https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil MWl1LWQ3YzU0ZjQ1MzEzNQAQAJRcJfp4ZKdAoRgiJN9K030%3D 2/3 10/30/24, 11:58 PM Mail - Harrison, Gretchen - Outlook literally sets no density limits) is not compatible with any neighborhoods I can think of in the NW corner of the City ... yet alone on the very outskirts of city limits surrounded by 1 unit per acre properties. Flint Harris Owner, Breakstone LLC https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2YiliMW11LWQ3YzUOZjQ1 MzEzNQAQAJRcJfp4ZKdAoRgiJN9K030%3D 3/3 10/31 /24, 12:07 AM Mail - Harrison, Gretchen - Outlook Outlook RE: Appeal of PZD-2024-0005 From Pennington, Blake <bpennington@fayetteville-ar.gov> Date Tue 10/22/2024 8:54 AM To Will Kellstrom <wkellstrom@watkinslawoffice.com>; CityClerk <cityclerk@fayetteville-ar.gov> Cc Curth, Jonathan <jcurth@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Allison Thurmond Quinlan <atq@flintlocklab.com>; Harrison, Gretchen <gharrison@fayetteville-ar.gov> Good morning. This appeal meets the form, time, and place requirements of UDC Section 155.02. I'm copying Jonathan and Gretchen so they're aware of the appeal. Thank you, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington@fayetteville-ar.gov Direct: 479.575.8312 www. fayettev i l l e-a r. g ov C T v q V W00 FAYETTEVILLE ARKANSAS From: Will Kellstrom <wkellstrom@watkinslawoffice.com> Sent: Tuesday, October 22, 2024 8:49 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Allison Thurmond Quinlan <atq@flintlocklab.com> Subject: Appeal of PZD-2024-0005 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. Good morning, I represent United Built Homes with respect to the aforementioned rezoning, which was denied by the Planning Commission on 10/14/24. I have attached my letter of appeal to this email. I have cc'd Blake and Kit, as well as Allie Quinlan, the representative who was present at the Planning Commission meeting. Please let me know if you guys need anything else from me in order to get this appeal submitted pursuant to code. Thanks! https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil MW11LWQ3YzUOZjQ1MzEzNQAQACxkfUjiUOhNsxZwZDSM%2BiQ%3D 1/2 10/31 /24, 12:07 AM Mail - Harrison, Gretchen - Outlook Will A. Kellstrom Watkins, Boyer, Gray & Curry, PLLC 1106 W. Poplar Rogers, AR 72756 Office: 479-636-2168 Cell: 479-512-0014 You are advised that (1) communication via e-mail is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers as it is sent from sender to recipient, (3) persons not participating in our communication may intercept our communications by improperly accessing your or my computer or some computer unconnected to either of us which the e-mail passes through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you do not want communication by e-mail, please advise me. CONFIDENTIALITY NOTICE: THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER THAT IS PROTECTED BY THE ATTORNEY CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS https://outlook.office.com/mail/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil MW11LWQ3YzUOZjQ1MzEzNQAQACxkfUjiUOhNsxZwZDSM%2BiQ%3D 2/2 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Rawn City Council Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attornvv CC: Jonathan Curth, Development Services Director Stacy Barnes Paralegal FROM: Blake Pennington, Senior Assistant City Attorne DATE: January 29, 2025 RE: Foxtail Meadows Rezoning Invalid Last fall, the Planning Commission considered annexation rezoning petitions for a project called Foxtail Meadows near Rupple Road and Salem Road. Both the annexation and rezoning were denied by the Planning Commission and the applicant properly appealed to the City Council. Both items were on the November 19, 2024 agenda and the City Council approved the annexation of approximately 7.90 acres into Fayetteville. After the annexation was approved, the City Council then considered and voted to approve an ordinance to rezone the entire 44 acre Foxtail Meadows project site to a PZD. § 157.03 of the Unified Development code governs notifications required for annexations, zoning map amendments, and rezonings. The applicant properly provided notice of the Planning Commission meeting. However, when an applicant appeals the Planning Commission's denial of a rezoning application to the City Council, § 157.03(B)(3) also requires written and posted notice of the appeal at least 15 days prior to the City Council meeting. This was not done by the applicant and the City did not catch the oversight until recently. Because the required notice -was not given, the rezoning ordinance is void and will need to be heard again by the City Council. The annexation appeal did not require additional public notice so the 7.9 acres has been legally annexed into Fayetteville and it is currently zoned R-A, Residential Agricultural. The other approximately 36 acres remains RSF-4, Residential Single Family, 4 Units Per Acre. The rezoning ordinance is scheduled for the February 18 City Council meeting and it will be on the first reading. CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-102 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jonathan Curth, Development Services Director SUBJECT: Administrative Item (Amend Chapter 51 — Water and Sewers): Submitted by CITY STAFF. The proposed code change will amend 51.114, Water, Sewer Tap Connection Fees to modify the existing fee schedule and fees. RECOMMENDATION: City staff recommend approval of an amendment to Chapter 51, Water and Sewers, of the Code of Ordinances as described in Exhibit `A'. BACKGROUND: The City has a long and well -established history of charging user fees for a number of City services, including those associated with development review. Documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others. In mid-1991, a formal user fee study was initiated. Following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed, with only portions adopted in the mid-1990s. Subsequently in 2003, Council approved a contract for a second user fee study. This recommended fees that accurately reflect the cost of services. During the same period, Council adopted a user fee policy which include among its tenets the evaluation of user fees on a three-year cycle, an annual adjustment of fees based on the All Urban Consumer Price Index, fees that "should be levied fairly and equitably and properly to account for the benefit received by each user", and a standard that "Development charges (annexation, rezoning, lot split, construction plan review, infrastructure, stormwater, etc.) shall recover 100% of the full cost of providing the services unless reduced or waived by City Council." Despite the user fee study's proposal and the policy's adoption, no discernable action was taken, with many fees from 2024 remaining as they existed in 2004. In the intervening years, several new development fees were introduced or saw one-off changes as additional services were offered or specific issues of recovery were identified, but no concerted study of development review fees occurred. More recently, in February 2023 the City Council approved a contract with MGT for an updated user fee study. Core objectives of the study include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. MGT completed a review of City development review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas. These include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer. The most prominent finding of the study is a significant Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307. For those fees associated with the Utility Department's water and sewer tap connection fees, the recovered cost of the service and associated materials was 22%. Recovery `23/'24 Revenue Cost Subsidy Water & Sewer: 22% $156,975 $698,021 $541,046 All User Fees: 55% $2,679,307 $4,843,998 $2,164,691 This information along with the larger user fee study was shared with the City Council at their June 25th Agenda Session, after which a resolution was adopted at the Council's July 2nd meeting expressing intent to implement the study's findings (attached; Resolution 182-24). DISCUSSION: The proposed amendment to Chapter 51, Water and Sewer includes the following: • Water and sewer tap connection fees will increase by 1/3rdof the recommended fee amount to mitigate the potential for shock following approximately 20 years without change o Increases vary from $385.00-$1,186.00 o Additional recommended fee amounts will occur by thirds in subsequent years • New fees are proposed for connections of depth greater than five feet o These fees are proposed to be actual cost when exceeding 10 feet rather than as an increment due to clear costs of equipment and material • Street cuts and bores removed the distinction between those within the City and those outside the City, with fees increasing by 1/3rdof the recommended fee amount o Increases vary from $199.00-$561.00 o Additional recommended fee amounts will occur by thirds in subsequent years Recognizing the scope of the changes proposed in the overall user fee study, staff is recommending a staggered implementation of fees, with those proposed herein to be effective at the standard effectiveness date of an ordinance. BUDGET/STAFF IMPACT: The City will be reimbursed for more of its costs in providing municipal services. 2023/2024 revenue data suggests potential additional recovery of $150,000 to $200,000 depending on 2025 volumes. ATTACHMENTS: EXHIBIT A, 51.114 Water Sewer Tap Connection Fees - Strikethrough & Redlines (#4), 182-24 Resolution (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-102 Administrative Item (Amend Chapter 51— Water and Sewers): Submitted by CITY STAFF. The proposed code change will amend 51.114, Water, Sewer Tap Connection Fees to modify the existing fee schedule and fees. AN ORDINANCE TO AMEND CHAPTER 51, WATER AND SEWERS OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE FOR INCREASES IN WATER AND SEWER TAP CONNECTION FEES WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City servic including those associated with development review; and WHEREAS, in February 2023 the City Council approved a contract with MGT for an updated user fee study wh( core objectives include evaluating and improving the current fee structure, defining the cost of City services, recommending fees based on the cost of service; and WHEREAS, MGT completed the review -related services, the hourly rates of staff providing those services, and time providing each service in six areas that include Building Safety, Business Licensing, Engineering, Fire, Plannii and Water & Sewer; and WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of servii provided and the user fees charged, totaling approximately $2,679,307.00 and for those fees associated with Utility Department's water and sewer tap connection fees, the recovered cost of the service and associated materi was 22%; and WHEREAS, on July 2, 2024 the City Council passed Resolution 182-24 expressing intent to implement the stud, findings; and WHEREAS, the proposed amendments to Chapter 51, Water and Sewer include water and sewer tap connection fi increasing by 1/3rd of the recommended fee amount to ease the impact of these increases after 20 years with] change, new fees for connections of depth greater than five feet, and that street cuts and bores remove the distinct] between those within the City and those outside the City, with most fees increasing by 1/3rd of the recommended amount. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILI ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.114 (A) and enact replacement § 51.114 (A) as follows: Page 1 Ordinance: File Number: 2025-102 "51.114 Water, Sewer Tap Connection Fees All service connections made on city owned water and sewer mains shall be made by the Water and Sewer Division. Such connections shall be made upon payment to the city of the following fees: Fee Description INSIDE CITY OUTSIDE CITY %-inch Water $810.00 S997.00 %-inch Double Water $957.00 $1,144.00 1-inch Water $1,087.00 $1,273.00 2-inch Water $2,249.00 $2,436.00 4-inch Sewer $855.00 $1,009.00 Cost Per Additional Depth (Exceeding 5-foot, up to 10-foot) $606.00 Cost Per Additional Depth (Exceeding 10-foot Actual Cost Cost Per Additional Length (Per Foot Exceeding 60 feet $40.00 Street Cut $1,136.00 Street Bore $560.00 Cost per Additional Lane 1$213.00 Gravel Road Crossing/Cut 1$774.00 Page 2 51.114 Water, Sewer Tap Connection Fees (A) All service connections made on city owned water and sewer mains shall be made by the Water and Sewer Division. Such connections shall be made upon payment to the city of the following fees: Fee Description INSIDE CITY OUTSIDE CITY %-inch Water $810.00 $997.00 %-inch Double Water $957.00 $1144.00 1-inch Water $1087.00 $1,273.00 2-inch Water $2,249.00 $2,436.00 4-inch Sewer $855.00 $1,009.00 Cost Per Additional Depth (Exceeding 5-feet, up to 10- feet) $606.00 Cost Per Additional Depth (Exceeding 10-feet) Actual Cost Cost Per Additional Length (Per foot exceeding 60-feet) $40.00 Street Cut $1,136.00 Street Bore $560.00 Cost per Additional Lane $213.00 Gravel Road Crossing/Cut $774.00 (B) Fees for connections where unusual field conditions exist shall be determined by the City Engineer. Unusual field conditions would include but not be limited to the presence of rock, any state or U.S. Highway crossing, extra thick concrete or asphalt paving, or conflicts with other utilities. The City Engineer may also modify the stated fees if there are a number of taps to be made in the same location, or if a plumber or other contractor is allowed to do the excavation. (Code 1965, §21-2; Ord. No. 2676, 11-4-80; Ord. No. 2746, 8-4-81; Ord. No. 2895, 2-15-83; Ord. No. 3088, 5-7-85; Ord. No. 4066, §1, 11-4-97; Code 1991, §51.114) (Supp. No. 34) Created: 2024-08-27 12:27:24 [EST] Page 1 of 1 51.114 Water, Sewer Tap Connection Fees (A) All service connections made on city owned water and sewer mains shall be made by the Water and Sewer Division. Such connections shall be made upon payment to the city of the following fees: Fee Description INSIDE CITY OUTSIDE CITY %-inch Water c"� 810.00 Cn� 997.00 %-inch Double Water $475.00957.00 $525.00 1144.00 1-inch Water $525.00 1087.00 $57-5, W1 273.00 2-inch Water c1,200.- ^ 2 249 c, ' 2 436 4-inch Sewer c"� 855.00 _ 1 009.00 Cost Per Additional Depth $606.00 (Exceeding 5-feet, up to 10- feet Cost Per Additional Depth Actual Cost (Exceeding 10-feet) Cost Per Additional Length $40.00 Per Foot &t-+-Street Cut 00 1 136.00 c Cry -Street Bore $'� 560.00 r' State aT i r Cost per Additional Lane 213.00 Gravel Road Crossing/Cut 774.00 (B) Fees for connections where unusual field conditions exist shall be determined by the City Engineer. Unusual field conditions would include but not be limited to the presence of rock, any state or U.S. Highway crossing, extra thick concrete or asphalt paving, or conflicts with other utilities. The City Engineer may also modify the stated fees if there are a number of taps to be made in the same location, or if a plumber or other contractor is allowed to do the excavation. (Code 1965, §21-2; Ord. No. 2676, 11-4-80; Ord. No. 2746, 8-4-81; Ord. No. 2895, 2-15-83; Ord. No. 3088, 5-7-85; Ord. No. 4066, §1, 11-4-97; Code 1991, §51.114) (Supp. No. 34) Created: 2024-08-27 12:27:24 [EST] Page 1 of 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 182-24 File Number: 2024-222 IMPLEMENT USER FEE STUDY RECOMMENDATIONS (RESOLUTION OF INTENT): A RESOLUTION OF INTENT TO IMPLEMENT THE RECOMMENDATIONS OF THE 2024 USER FEE STUDY INCLUDING A FULL COST RECOVERY MODEL, ESTABLISHMENT OF A MASTER FEE SCHEDULE, AND ANNUAL ADJUSTMENT WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others; and WHEREAS, in mid-1991, a formal user fee study was initiated but, following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed with only portions adopted in the mid-1990's; and WHEREAS, in 2003, the City Council approved a contract for a second user fee study, an element of which focused on Planning and Building Safety; and WHEREAS, in June 2005, the City Council approved a User Fee Cost Recovery Policy for City Services, but no discernable action was taken, with many fees from 2024 remaining as they existed in 2004; and WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to implement the recommendations of the 2024 User Fee Study including a full cost recovery model, establishment of a master fee schedule, and annual adjustment. PASSED and APPROVED on July 2, 2024 Page 1 Resolution: 182-24 File Number: 2024-222 Page 2 Attest: ; ����• i 1 F� "'�►,• Kara Paxton, City Cl rk Treasurer �P);= Cj .��� ��NG i 0IA CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-104 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jonathan Curth, Development Services Director SUBJECT: Administrative Item: (Amend Chapter 110 — Telecommunication Franchise, Billposting, and Small Cell Facilities and Networks, Chapter 116 - Door to Door Solicitation, and Chapter 118 - Business Registry and Licenses): Submitted by CITY STAFF. The proposed code change will amend chapters of Title XI, Business Regulations to modify the existing fee schedule and fees. RECOMMENDATION: City staff recommend approval of an amendment to Chapter 110, Telecommunication Franchise, Billposting, and Small Cell Facilities and Networks, Chapter 116 Door to Door Solicitation, and Chapter 118 Business Registry and Licenses as described in Exhibit `A'. BACKGROUND: The City has a long and well -established history of charging user fees for a number of City services, including those associated with development review. Documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others. In mid-1991, a formal user fee study was initiated. Following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed, with only portions adopted in the mid-1990s. Subsequently in 2003, Council approved a contract for a second user fee study. This recommended fees that accurately reflect the cost of services. During the same period, Council adopted a user fee policy which include among its tenets the evaluation of user fees on a three-year cycle, an annual adjustment of fees based on the All Urban Consumer Price Index, fees that "should be levied fairly and equitably and properly to account for the benefit received by each user", and a standard that "Development charges (annexation, rezoning, lot split, construction plan review, infrastructure, stormwater, etc.) shall recover 100% of the full cost of providing the services unless reduced or waived by City Council." Despite the user fee study's proposal and the policy's adoption, no discernable action was taken, with many fees from 2024 remaining as they existed in 2004. In the intervening years, several new development fees were introduced or saw one-off changes as additional services were offered or specific issues of recovery were identified, but no concerted study of development review fees occurred. More recently, in February 2023 the City Council approved a contract with MGT for an updated user fee study. Core objectives of the study include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 MGT completed a review of City development review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas. These include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer. The most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307. For those fees associated with small cell facility reviews, door-to-door solicitor permits, and business licenses, the recovered cost of the service and associated materials varied between 15% and 63%. Recovery `23/'24 Revenue Cost Subsidy Small Cell: 63% - - - Door -to -Door: 15% - - - Business Lic: 61 % $119,401 $192,620 $73,249 All User Fees: 55% $2,679,307 $4,843,998 $2,164,691 This information along with the larger user fee study was shared with the City Council at their June 25th Agenda Session, after which a resolution was adopted at the Council's July 2nd meeting expressing intent to implement the study's findings (attached; Resolution 182-24). DISCUSSION: The proposed amendment to Chapter 110, Telecommunication Franchise, Billposting, and Small Cell Facilities and Networks includes an increase by 1/3rdof the recommended fee amount to mitigate potential customer shock following approximately 20 years without change o Increases vary from $7.00-$67.00 o Wireless facilities on city -owned poles will decrease by $90.00 The proposed amendment to Chapter 116 Door to Door Solicitation includes an increase by 1/3rd of the recommended fee amount o Increases vary from $7.00-$33.00 • The proposed amendment to Chapter 118 Business Registry and Licenses includes an increase by 1/3rd of the recommended fee amount o New licenses increase by $4.00-$37.00 o Renewals decrease by $5.00-$15.00 Recognizing the scope of the changes proposed in the overall user fee study, staff is recommending a staggered implementation of fees, with those proposed herein to be effective two weeks after the effective date of this ordinance. BUDGET/STAFF IMPACT: The City will be reimbursed for more of its costs in providing municipal services. 2023-2024 revenue data suggest potential additional recovery of $100,000 to $120,000. ATTACHMENTS: Exhibit A (#3), 110.03, 116.02, & 118.02 -Strikethrough & Redlines (#4), 182-24 RESOLUTION (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-104 Administrative Item: (Amend Chapter 110 — Telecommunication Franchise, Billposting, and Small Cell Facilities and Networks, Chapter 116 - Door to Door Solicitation, and Chapter 118 - Business Registry and Licenses): Submitted by CITY STAFF. The proposed code change will amend chapters of Title XI, Business Regulations to modify the existing fee schedule and fees. AN ORDINANCE TO AMEND § 110.03 SMALL CELL FACILITIES AND NETWORKS; § 116.02 DOOR TO DOOR SOLICITATION; AND § 118.02 ENTRY UPON BUSINESS REGISTRY AND ISSUANCE OF BUSINESS LICENSE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY'S RECENT USER FEE STUDY WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, in February 2023 the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service; and WHEREAS, MGT completed the review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas that include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer; and WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307.00 and for those fees associated with small cell facility reviews, door-to-door solicitor permits, and business licenses, the recovered cost of the service and associated materials varied between 15% and 63%; and WHEREAS, on July 2, 2024 the City Council passed Resolution 182-24 expressing its intent to implement the study's findings; and WHEREAS, the proposed amendments to § 110.03, Small Cell Facilities and Networks; § 116.02, Door to Door Solicitation; and 118.02, Entry Upon Business Registry and Issuance of Business License include an increase by 1/3rd of the recommended fee amount; and WHEREAS, implementation of the new fees will require manual entry by staff and, therefore, staff has proposed a staggered rollout during which time users may be charged the previous fee or the updated fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Ordinance: File Number: 2025-104 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the fees set forth in the following subsection of Section 110.03, Small Cell Facilities and Networks as follows: § 110.03(J)(1): replace $100.00 with $167.00 § 110.03 (J)(2): replace $250.00 with $267.00 § 110.03 (J)(3): replace $30.00 with $70.00 § 110.03 (J)(4): replace $240.00 with $150.00 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the fees set forth in the following subsection of § 116.02, Door to Door Solicitation as follows: (C): replace $40.00 with $77.00 (D): replace $5.00 with $12.00 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C) of § 118.02, Entry Upon Business Registry and Issuance of Business License and enacts a replacement § 118.02(C) as follows: "(C) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of expenses incurred in connection with the processing of applications. Fee Description New Renewal Home Based Business $26.00 $10.00 Non -Home Based Business $67.00 $10.00 Short -Term Rental $88.00 $35.00 Renewal Late Fee 1$50.00 Section 4: That the City Council of the City of Fayetteville, Arkansas authorizes staff to stagger the implementation of the fees provided in Sections 1, 2, and 3 so that those fees shall not exceed the amounts set forth in those sections for a period of two weeks after the effective date of this Ordinance. At the end of the two week period, those fees shall be set at the amounts set forth in Exhibit A. Page 2 110.03 Small Cell Facilities and Networks (J) Application Fees and Annual Rates. (1) Applicants shall submit a fee in the amount of $167.00 for each small wireless facility proposed to be installed on an existing wireless support structure or pole. (2) Applicants shall submit a fee in the amount of $267.00 for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the right- of-way. (3) Providers shall pay an annual rate of $70.00 per small wireless facility for use of the public right-of-way. (4) Providers shall pay an annual rate of $150.00 per small wireless facility that is collocated on a city - owned pole. (Ord. No. 6220, §1(Exh. A), 8-20-19) Editor's note(s)—Ord. No. 6220, §1, adopted Aug. 20, 2019, repealed the former § 110.03, and enacted a new § 110.03 as set out herein. The former § 110.03 pertained to similar subject matter and derived from Ord. No. 6009, §1, adopted Nov. 21, 2017. (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 1 of 3 116.02 Door To Door Solicitation At Private Residence (C) Principal Permit. No peddling or solicitation shall be conducted within the city without a principal permit being issued. The cost for the principal to obtain a solicitor/peddler's permit is $77.00, and shall be paid to the business office before any peddling or soliciting is conducted within the city. The permit shall expire on December 31 in the year the permit is issued. In addition to the principal's permit, the principal must also comply with the city's business license requirement pursuant to Chapter 118: Business Registry and License of the Fayetteville Code. To obtain a permit, a representative of the principal shall provide a written, signed application stating: (D) Permit for Peddlers/Solicitors. In addition to the principal permit, each peddler or solicitor acting for the principal shall also obtain a permit from the Planning Department before peddling or soliciting within the city. The cost to obtain a peddler/solicitor permit is $12.00. In applying for the permit, each applicant shall provide the following to the Planning Department: (Ord. No. 5593, 7-2-13; Ord. No. 5767, 5-5-15; Ord. No. 5873, §§2-5, 5-17-16) (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 2 of 3 118.02 Entry Upon Business Registry And Issuance Of Business License (C) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of expenses incurred in connection with the processing of applications. Fee Description New Renewal Home Based Business $26.00 $10.00 Non -Home Based Business $67.00 $10.00 Short -Term Rental $88.00 $35.00 Renewal Late Fee $50.00 (Ord. No. 5347, 9-7-10; Ord. No. 6630, §2, 12-20-22) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 3 of 3 110.03 Small Cell Facilities and Networks (J) Application Fees and Annual Rates. (1) Applicants shall submit a fee in the amount of $4-90167.00 for each small wireless facility proposed to be installed on an existing wireless support structure or pole. (2) Applicants shall submit a fee in the amount of $250267.00 for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the right- of-way. (3) Providers shall pay an annual rate of $3070.00 per small wireless facility for use of the public right-of- way. (4) Providers shall pay an annual rate of $240150.00 per small wireless facility that is collocated on a city - owned pole. (Ord. No. 6220, §1(Exh. A), 8-20-19) Editor's note(s)—Ord. No. 6220, §1, adopted Aug. 20, 2019, repealed the former § 110.03, and enacted a new § 110.03 as set out herein. The former § 110.03 pertained to similar subject matter and derived from Ord. No. 6009, §1, adopted Nov. 21, 2017. (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 1 of 4 116.02 Door To Door Solicitation At Private Residence (C) Principal Permit. No peddling or solicitation shall be conducted within the city without a principal permit being issued. The cost for the principal to obtain a solicitor/peddler's permit is $4077.00, and shall be paid to the business office before any peddling or soliciting is conducted within the city. The permit shall expire on December 31 in the year the permit is issued. In addition to the principal's permit, the principal must also comply with the city's business license requirement pursuant to Chapter 118: Business Registry and License of the Fayetteville Code. To obtain a permit, a representative of the principal shall provide a written, signed application stating: (D) Permit for Peddlers/Solicitors. In addition to the principal permit, each peddler or solicitor acting for the principal shall also obtain a permit from the Planning Department before peddling or soliciting within the city. The cost to obtain a peddler/solicitor permit is $512.00. In applying for the permit, each applicant shall provide the following to the Planning Department: (Ord. No. 5593, 7-2-13; Ord. No. 5767, 5-5-15; Ord. No. 5873, §§2-5, 5-17-16) (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 2 of 4 118.02 Entry Upon Business Registry And Issuance Of Business License (C) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of expenses incurred in connection with the processing of applications. Fee Description New Renewal Home Based Business 26.00 10.00 Non -Home Based Business 67.00 10.00 Short -Term Rental 88.00 35.00 Renewal Late Fee 50.00 (Ord. No. 5347, 9-7-10; Ord. No. 6630, §2, 12-20-22) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 3 of 4 unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." (Supp. No. 35) Created: 2024-12-12 11:47:14 [EST] Page 4 of 4 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 182-24 File Number: 2024-222 IMPLEMENT USER FEE STUDY RECOMMENDATIONS (RESOLUTION OF INTENT): A RESOLUTION OF INTENT TO IMPLEMENT THE RECOMMENDATIONS OF THE 2024 USER FEE STUDY INCLUDING A FULL COST RECOVERY MODEL, ESTABLISHMENT OF A MASTER FEE SCHEDULE, AND ANNUAL ADJUSTMENT WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others; and WHEREAS, in mid-1991, a formal user fee study was initiated but, following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed with only portions adopted in the mid-1990's; and WHEREAS, in 2003, the City Council approved a contract for a second user fee study, an element of which focused on Planning and Building Safety; and WHEREAS, in June 2005, the City Council approved a User Fee Cost Recovery Policy for City Services, but no discernable action was taken, with many fees from 2024 remaining as they existed in 2004; and WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to implement the recommendations of the 2024 User Fee Study including a full cost recovery model, establishment of a master fee schedule, and annual adjustment. PASSED and APPROVED on July 2, 2024 Page 1 Resolution: 182-24 File Number: 2024-222 Page 2 Attest: ; ����• i 1 F� "'�►,• Kara Paxton, City Cl rk Treasurer �P);= Cj .��� ��NG i 0IA CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-105 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jonathan Curth, Development Services Director SUBJECT: Administrative Item (Amend Chapter 159 - Fees Chapter 178, Mobile Vendors): Submitted by CITY STAFF. The proposed code change will amend Chapters 159 - Fees and Chapter 178 - Mobile Vendors of the Unified Development Code to modify existing fee schedule and fees. RECOMMENDATION: City staff recommend approval of an amendment to Chapter 159, Fees, and Chapter 178, Mobile Vendors of the Unified Development Code as described in Exhibits `A' and 'B'. BACKGROUND: The City has a long and well -established history of charging user fees for a number of City services, including those associated with development review. Documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others. In mid-1991, a formal user fee study was initiated. Following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed, with only portions adopted in the mid-1990s. Subsequently in 2003, Council approved a contract for a second user fee study. This recommended fees that accurately reflect the cost of services. During the same period, Council adopted a user fee policy which include among its tenets the evaluation of user fees on a three-year cycle, an annual adjustment of fees based on the All Urban Consumer Price Index, fees that "should be levied fairly and equitably and properly to account for the benefit received by each user", and a standard that "Development charges (annexation, rezoning, lot split, construction plan review, infrastructure, stormwater, etc.) shall recover 100% of the full cost of providing the services unless reduced or waived by City Council." Despite the user fee study's proposal and the policy's adoption, no discernable action was taken, with many fees from 2024 remaining as they existed in 2004. In the intervening years, several new development fees were introduced or saw one-off changes as additional services were offered or specific issues of recovery were identified, but no concerted study of development review fees occurred. More recently, in February 2023 the City Council approved a contract with MGT for an updated user fee study. Core objectives of the study include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. MGT completed a review of City development review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas. These include Building Safety, Business Licensing, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Engineering, Fire, Planning, and Water & Sewer. The most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307. For those fees codified in the Unified Development Code, recovered costs vary by division, with Planning and Engineering at one end of the spectrum collecting 22% to 24%, and with Building Safety on the other recovering 74%. Recovery `23/'24 Revenue Cost Subsidy Building Safety: 79% $2,124,791 $2,681,470 $556,679 Engineering: 24% $118,425 $494,359 $375,934 Planning: 22% $159,715 $731,918 $572,203 All User Fees: 55% $2,679,307 $4,843,998 $2,164,691 This information along with the larger user fee study was shared with the City Council at their June 25th Agenda Session, after which a resolution was adopted at the Council's July 2nd meeting expressing intent to implement the study's findings (attached; Resolution 182-24). DISCUSSION: The proposed amendment to Chapter 159, Fees of the Unified Development Code includes the following: Planning fees will increase by 1/3rd of the recommended fee amount to mitigate the potential for shock following approximately 20 years without change: o Increases vary from $10.00-$567.00 o Additional recommended fee amounts will occur by thirds in subsequent years o Fees are being reorganized to better reflect related processes and development types, and graduated differences in complication • Engineering fees will increase by 1/3rd of the recommended fee amount o Increases vary from $8.00-$300.00 o Grading permits, among the most common class of permit issued by Engineering, include a revised fee structure to dynamically respond to the land area of a project. • Building Safety fees will increase by 1/3rd of the recommended amount for flat fees o Increases vary from $17.00-$200.00 • Building Safety fees will increase by the full recommended amount for permit review and inspection fees (Exhibit `B) o Given the dynamic calculation of permit costs based on valuation of work (a common, national convention), implementing these fees in portions are anticipated to reduce revenues below 2024 levels if certain classes of permits are not submitted consistent with historic trends Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 o Trade permits, those generally associated with plumbing, electrical, HVAC, and gas work, are proposed to move to fees based on valuation rather than individual elements of work (outlets, meters, etc.) Building Safety has historically utilized a fee schedule for fees derived from building valuations, which are in -turn derived from building codes adopted at the state level. This schedule is included as Exhibit'B'. Recognizing the scope of the changes proposed in the overall user fee study, staff is recommending a staggered implementation of fees, with those proposed herein to be effective as follows: • Engineering -related fees will be effective on the effective date of the ordinance o §159.01(B)(4), (13)(6), (13)(8), and (B)(12) • Planning -related fees will be effective two weeks after the effective date of this ordinance o §159.01(B)(2), (B)(3), (B)(5), (B)(7), (B)(9), and (B)(10) • Building Safety -related fees will be effective four weeks after the effective day of this ordinance o § 159.01 (B)(11) and the Building Safety Division Fee Schedule BUDGET/STAFF IMPACT: ATTACHMENTS: Exhibit'A' (#3), Exhibit'B' (#4), 159, Fees & 178, Mobile Vendors - Strikethrough & Redlines (#5), 182-24 Resolution (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-105 Administrative Item (Amend Chapter 159 - Fees Chapter 178, Mobile Vendors): Submitted by CITY STAFF. The proposed code change will amend Chapters 159 - Fees and Chapter 178 - Mobile Vendors of the Unified Development Code to modify existing fee schedule and fees. AN ORDINANCE TO AMEND CHAPTER 159, FEES AND CHAPTER 178 MOBILE VENDORS OF THE UNIFIED DEVELOPMENT CODE TO IMPLEMENT FEE CHANGES RECOMMENDED BY THE CITY' S RECENT USER FEE STUDY WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, in February 2023 the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service; and WHEREAS, MGT completed the review -related services, the hourly rates of staff providing those services, and the time providing each service in six areas that include Building Safety, Business Licensing, Engineering, Fire, Planning, and Water & Sewer; and WHEREAS, the most prominent finding of the study is a significant discrepancy between the cost of services provided and the user fees charged, totaling approximately $2,679,307.00; and WHEREAS, on July 2, 2024 the City Council passed Resolution 182-24 expressing intent to implement the study's findings; and WHEREAS, the proposed amendments will increase Engineering and Planning fees by 1/3rd of the recommended fee amount to ease the impact of these increases after 20 years without change; and flat fees for Building Safety will increase by 1/3rd of the recommended fee amount, while permit review and inspection fees will increase by the full recommended amount; and WHEREAS, implementation of the new fees will require manual entry by staff and, therefore, staff has proposed a staggered rollout during which time users may be charged the previous fee or the updated fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Ordinance: File Number: 2025-105 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01, Fees/Schedule of the Unified Development Code and enacts a replacement § 159.01 as shown in Exhibit A attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby adopts the Building Safety Division Fee Schedule referenced in § 159.01(B)(11) as shown in Exhibit B attached hereto and made a part hereof, subject to the implementation schedule set forth in Section 3 below. Section 3: That the City Council of the City of Fayetteville, Arkansas authorizes staff to stagger the implementation of the fees provided in Sections 1 and 2 as follows: • Engineering fees in § 159.01(B)(4), (B)(6), (B)(8), and (B)(12) shall be effective on the effective date of this Ordinance. • Planning fees in § 159.01(B)(2), (B)(3), (B)(5), (B)(7), (B)(9), and (B)(10) shall not exceed the amounts set forth in Exhibit A for a period of two weeks after the effective date of this Ordinance. At the end of the two week period, those fees shall be set at the amounts set forth in Exhibit A. • Building Safety fees in § 159.01(B)(11) and the Building Safety Division Fee Schedule attached as Exhibit B, shall not exceed the amounts set forth in Exhibit A and Exhibit B for a period of four weeks after the effective date of this Ordinance. At the end of the four week period, those fees shall be set at the amounts set forth in Exhibit A and Exhibit B. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03 Sidewalk Vendors by changing the application and permit fee from $100.00 to $133.00. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors by changing the application and permit fee from $100.00 to $125.00. Page 2 159.01 Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. A councilmember may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $37.00 for each sign. (b) Windblown signs. $20.00. (c) Sign variance. Filing fee: $117.00 (3) Development. The following application fees are due for each of the following development review submittals: (a) All concept plats. $367.00 (b) Lot splits or property line adjustments. $400.00 (c) Subsequent technical plat reviews for tabled items, after initial fee in item (d) below. $267.00 (d) All Other Plat Reviews (Concurrent, Preliminary And Final): Nonresidential $800.00 25 or less residential units $933.00 26 or more residential units $1,367.00 (e) Large Scale Development, Small and Large Site Improvement Plan Reviews. The greater of the two fees shall be applied for instances of mixed -use development: Nonresidential 5,000 or less sq. ft. $1,033.00 Nonresidential Over 5,000 sq. ft. $1,583.00 25 or less residential units $983.00 26 or more residential units $1,583.00 (f) Planning Commission Variance: Before any violation has occurred $333.00 After any violation has occurred $633.00 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. For review of all changes and plan revision submittals required after permit issuance, a resubmittal fee shall apply. (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 1 of 6 (a) Permit Application Fee: Size of Disturbed Area Grading Plan Resubmittal Fee and Permit One acre or less $400.00 $150.00 Per additional acre, up to five acres $250.00 per $250.00 acre Per additional acre, greater than five $167.00 per $250.00 acres and less than 20 acre Per additional acre, greater than 20 $100.00 per $250.00 acres, up to 40 acre Floodplain grading permit review $33.00 Appeals $133.00 N/A (b) Supplementary Permit Fees: (i) Work Without a Permit. Where work for which a grading permit is required is started or proceeded prior to obtaining said permit, the fees specified herein shall be doubled. Payment of such fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work not from any other applicable penalties. (ii) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re- inspect fees must be paid prior to the inspection taking place. (5) Zoning. Annexation: Less than one acre $333.00 One acre or greater $500.00 Rezoning: Less than one acre $517.00 One acre or greater $617.00 Planned Zoning District: Less than one acre $667.00 One acre or greater $833.00 Conditional use $400.00 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $233.00 After any violation has occurred $467.00 Zoning Verification Letter $67.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all other $50.00 excavation in public right-of-way (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 2 of 6 (7) Administrative Items. General $57.00 Plan Amendment $33.00 Project Extension $33.00 Appeals $333.00 Master Street Plan Amendment $333.00 (8) Floodplain. Type of Review Initial Submittal Resubmittal Fee (after 2"d submittal) Development Review $33.00 N/A Administrative review(ga)(EC, Fence, $50.00 N/A Acc. Structure, etc.) LOMA, LOMR-F $83.00 $25.00 CLOMR/LOMR $200.00 $100.00 Appeals $100.00 N/A (9) Vacations. Right -of -Way $433.00 Utility Easement $367.00 Tree Preservation Easement $633.00 (10) Public Notification. $33.00 per sign (11) Building Permits. (a) General Fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (Supp. No. 35) (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paving, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. Created: 2024-12-12 11:47:22 [EST] Page 3 of 6 (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Occupant load certificate $150.00 Demolition permit (commercial) $117.00 Demolition permit (residential) $100.00 Temporary C of O (commercial; 30 days) $183.00 Temporary C of O (residential; 30 days) $100.00 Footing/foundation only (commercial) $200.00 Footing/foundation only (residential) $67.00 Appeal of building official to Construction Board of Adjustment and Appeal $117.00 Moving permit $150.00 Permit extension $67.00 Permit Processing Fees* *Permit processing and review fees shall be submitted with all building permit applications as required in the Building Safety Division's Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit Fees. (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design - build, and buildings permitted with construction progressing as design and construction plans are in progress shall be $1,200.00. (i i) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $300.00 and an additional $100.00 per hour after two hours. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be tripled, with a minimum penalty of $250.00. Payment of such triple fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $125.00. All re -inspect fees must be paid prior to the inspection taking place. (f) Exemptions from Permit Fees. (i) Historical Buildings. (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 4 of 6 (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. (ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi- family supportive housing, and homeless shelters funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (12) Temporary Closure Permits. The following application and use fees are due for each of the following requests for closure: (a) Application Fees. A $50.00 application fee shall be due at that time of any request for temporary, street/road closure, partial street/lane closure, parking closure, trail closure, or sidewalk closure. (b) Closure Fees. Due to the impact of closures on functionality of streets, sidewalks and trails, the following use fees shall apply based on the type, length and duration of closure requested: (i) Shared -Use Paved Trails and Sidewalks: (a) $25.00 per day —Shared -use paved trails. (b) $25.00 per day —Sidewalks within Entertainment District (sidewalk closures outside the Entertainment District do not require a permit, please coordinate with the Engineering Office for notification and signage). (ii) Residential Links, and Alleys: (a) $50.00 per day, per impacted lane. (iii) Neighborhood Links and Downtown/Urban Streets: (a) $83.00 per day, per impacted lane. (iv) Regional Links: (a) $133.00 per day, per impacted lane. (c) Extension Fees. A $25.00 extension fee shall be due at the time of any request for extension of a temporary closure. Daily closure fees as listed in this section shall also apply to the extension. (d) Detour route required when one (1) or more lanes will be completely closed, and flaggers are not used to maintain traffic. (e) A detour route shall be provided for all trail and sidewalk closures requiring a permit per this section. (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 5 of 6 (Code 1965, §§17B-3(c); 17B-7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7- 3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15- 93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4323, 6-19- 01; Ord. No. 4806, 12-20-05; Ord. No. 5425, 8-2-11; Ord. No. 5724, 12-02-14; Ord. No. 6255, §1, 11-5-19; Ord. No. 6446, §7(Exh. B), 6-15-21; Ord. No. 6577, §§1, 2(Exh. A), 6-21-22; Ord. No. 6578, §1, 6-21-22; Ord. No. 6630, §4, 12-20-22) (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 6 of 6 CITY OF FAYETTEVILLE Building Safety Division 125 W. Mountain Street, Fayetteville, AR 72701 (479)-575-8238 FEE SCHEDULE Notice: All permits described below are subject to a minimum fee of $55.00 Permit Type Permit Cost per $1,000.00 of Valuation Commercial Permits $6.32 Residential Permits $4.59 Miscellaneous $10.94 Electrical $2.03 Gas $2.03 Mechanical $3.31 Plumbing $3.04 Plan Review Fee: 50% of the Permit Fee is required to be paid prior to commencing plan review for Commercial, Residential, and Miscellaneous permits Craft Education Program: Per Arkansas State Act 474, a surcharge in the amount of fifty cents ($0.50) per each $1,000.00 of construction authorized on any commercial permit issued by any political subdivision of Arkansas is imposed to financially support the craft education program. Permit Renewal Fee: No construction Through slab: Through framing: Plan Review Resubmittal Fee: Commercial Residential Plan Review Revision Fee: 100% of permit cost 90% of permit cost 50% of permit cost $200.00 (after 3 d submittal) $100.00 (after 2nd submittal) Commercial: $450.00 Residential: $250.00 Pre -Application Plan Review: $200.00 159.01 Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. Aa ^lderrnman councilmember may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $2§37.00 for each sign. (b) Windblown signs. $1020.00. (c) Sign variance. Filing fee: $25117.00 (3) Development. The following application fees are due for each of the following development review submittals: (a) All concept plats. $50367.00 (b) Lot splits or property line adjustments. $2-00400.00 (c) Subsequent technical plat reviews for tabled items, after initial fee in item (d) below. $2,W267.00 (d) All Other Plat Reviews (Concurrent, Preliminary And Final): Nonresidential $800.00 1 n ,,,- i« residential u ants $200.00 25 or less residential units $4G0933.00 26 or more residential units $8001, 667.00 (e) QtheF Scale Development, Small and Large Site Improvement Plan Reviews. The greater of the two fees shall be applied for instances of mixed -use development: Nonresidential 5,000 or less sq. ft. $4001, 333.00 $800.00 Nonresidential Over 5,000 sq. ft. $8001, 883.00 c,—' 10 or less r s- d ntmal u rm+s 0 0 25 or less residential units $4G0983.00 $725.00 26 or more residential units $8001, 883.00 00 (f) Planning Commission Variance: Before any violation has occurred 333.00 After any violation has occurred 633.00 (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 1 of 7 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. For review of all changes and plan revision submittals required after permit issuance, a resubmittal fee shall apply. (a) Permit Application Fee: Size of Disturbed Area Grading Plan and Permit DFaiRa^^ °^^^r-+ Review Resubmittal Fee Less than 0.5 ,^•^One acre or less $75400.00 $7-r.99 $7-5150.00 51 to 1.0 aeFePer additional acre, up to five acres $199250.00 per acre $499 99 $4G9250.00 OveF 1.0 aeFe Per additional acre, greater than five acres and less than 20 $299167.00 per acre $200.09 $MG250.00 Per additional acre, greater than 20 $100.00 per acre $250.00 acres, up to 40 Floodplain grading permit review 33.00 Appeals $400133.00 Nd A I N/A (b) Supplementary Permit Fees: (i) Work Without a Permit. Where work for which a grading permit is required is started or proceeded prior to obtaining said permit, the fees specified herein shall be doubled. Payment of such fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work not from any other applicable penalties. (ii) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re- inspect fees must be paid prior to the inspection taking place. (5) Zoning. Annexation: Less than one acre 333.00 One acre or greater 500.00 Rezoning: $5 9G Less than one acre 517.00 One acre or greater $617.00 Planned Zoning District: Less than one acre 667.00 One acre or greater 833.00 Conditional use $2G0400.00 Manufactured horne: initial laem"A Renewa4 $4 5 Herne ocoupatiew. initial pe`H;* $25-90 Dell (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 2 of 7 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $10023--.00 After any violation has occurred $2,W46i.00 Appeal ef Zening and Development A.dM iStF teF inte.ffetatien Yyvv v Zoning Verification Letter $5067.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all other $2550.00 excavation in public right-of-way (7) Tree Pr s,,.-yotien.Administrative Items. `fie c0 General 57.00 Plan Amendment 33.00 Proiect Extension 33.00 Appeals 333.00 Master Street Plan Amendment 333.00 (8) Floodplain De r-minet en. Type of Review GFadong Plan and Resubmittal Fee after 2nd submittal Perfwitinitial Submittal Development Review 33.00 N A Administrative review(ga)(EC, Fence, Acc. Structure, etc.) $50.00 N/A LOMA, LOMR-F $7583.00 $25.00 CLOMR/LOMR $200.00 $100.00 Appeals $100.00 N/A (9) Vacations. `eA0 0A Right -of -Way 433.00 Utility Easement 367.00 Tree Preservation Easement 633.00 (10) Public Notification. $33.00 per sign (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 3 of 7 (1811) Building Permits. (a) General Fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (i i) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, pay+eg ap ving, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Original C of 0—new bu4dq g $4_ Certificate of completiery $4� c'� 150.00 Occupant load certificate Demolition permit (commercial) $` G117.00 Demolition permit (residential) 100.00 Temporary C of O (commercial; 30 days) $25183.00 Temporary C of O (residential; 30 days) 100.00 Footing/foundation only (commercial) $` 0200.00 Footing/foundation only (residential) 67.00 Appeal of building official to Construction Board of Adjustment and Appeal $` 0117.00 Moving permit $MG150.00 Permit extension $5067.00 Permit Processing Fees* $200.00 *PA -permit processing and review fees shall be submitted with all building permit applications as required in the Building Safety Division's r-pdp Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit Fees. (Supp. No. 35) (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design - build, and buildings permitted with construction progressing as design and construction Created: 2024-12-12 11:47:22 [EST] Page 4 of 7 plans are in progress shall be equal +^ ^ e half the ^ mit fee ",.+ shall ^^+ h^ Mere than $1,GW200.00. (ii) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $2-0300.00 and an additional $100.00 per hour after two hours er �^��^�+ =^ (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be deubledtripled, with a minimum penalty of $250.00. Payment of such dew triple fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -Inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $125.00. For each s bseq eRt . +;^. the fee sh-,II be de uhle theame-unt of the previeus fee, withFna)(imurnof $200 nn All re- inspect fees must be paid prior to the inspection taking place. is Fequested by the apploeaRt and gicanted by the eity, a fee shall be impesed that is de, -hip the nt of the ., s fee with amaximum of $200 nn Lintel final Gertifeeate Af Gecupaney nt d (f) Exemptions from Permit Fees. (Supp. No. 35) (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. (ii) Affordable Housing and Homeless Shelters. Construction of single family, non-profit multi- family supportive housing, and homeless shelters funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals, non-profit multi -family supportive housing, and homeless shelters shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. Created: 2024-12-12 11:47:22 [EST] Page 5 of 7 1 I • • • 1NMI • • (3112) Temporary Closure Permits. The following application and use fees are due for each of the following requests for closure: (a) Application Fees. A $50.00 application fee shall be due at that time of any request for temporary, street/road closure, partial street/lane closure, parking closure, trail closure, or sidewalk closure. (b) Closure Fees. Due to the impact of closures on functionality of streets, sidewalks and trails, the following use fees shall apply based on the type, length and duration of closure requested: (Supp. No. 35) (i) Shared -Use Paved Trails and Sidewalks: (a) $25.00 per day —Shared -use paved trails. (b) $25.00 per day —Sidewalks within Entertainment District (sidewalk closures outside the Entertainment District do not require a permit, please coordinate with the Engineering Office for notification and signage). (ii) Residential Links, and Alleys: (a) $2EW.00 per day, per impacted lane, fell width of alley. StFeet is closed. Where minimum paved width of 20 feet will be PFE)Vided to maintain twe way tFaffic, or flagging operations will be Used W maintain two way tFaffic, ne permit is Fecluired. Created: 2024-12-12 11:47:22 [EST] Page 6 of 7 (iii) Neighborhood Links and Downtown/Urban Streets: (a) $2- 83.00 per day, per impacted lane. Street remains open wide enough to aceemmedate two way traffic and no flag&g operations are required; (b) $50 nn per day, per impacted I-..,., when flagging operations will be required to maintain two way traffie; (G) $75.00 per day, per impacted lane, when deteur routes will be required f0r ene (1) direction of traffic. (d) $100.00 per day, peF impacted lane, when detoUF FOutes will be Fequired fer all (iv) Regional Links: (a) $&9133.00 per day, per impacted lane. �+reet remains epenid enough to , (b) $75.00 per day, per impacted lane, when flagging operatiens wall be Fecluired to maintain two way traff me; (c) $ 100 nn per .dam per impacted lane, when ,deco u+., will be required for one (1) diFection of traffic; ( d) $ 5n nn r, F day, peF impaeted laneyihe...d.,+. -H.P r uter.yill her Fed fee all (c) Extension Fees. A $25.00 extension fee shall be due at the time of any request for extension of a temporary closure. Daily closure fees as listed in this section shall also apply to the extension. (d) Detour route required when one (1) or more lanes will be completely closed, and flaggers are not used to maintain traffic. (e) A detour route shall be provided for all trail and sidewalk closures requiring a permit per this section. (Code 1965, §§17B-3(c); 1713-7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7- 3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15- 93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4323, 6-19- 01; Ord. No. 4806, 12-20-05; Ord. No. 5425, 8-2-11; Ord. No. 5724, 12-02-14; Ord. No. 6255, §1, 11-5-19; Ord. No. 6446, §7(Exh. B), 6-15-21; Ord. No. 6577, §§1, 2(Exh. A), 6-21-22; Ord. No. 6578, §1, 6-21-22; Ord. No. 6630, §4, 12-20-22) (Supp. No. 35) Created: 2024-12-12 11:47:22 [EST] Page 7 of 7 CHAPTER 178: OUTDOOR VENDORS CHAPTER 178: OUTDOOR VENDORS 178.03 Sidewalk Vendors (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $3-G0133.00 application and permit fee. Permits issued after July 1st shall be accompanied by a $50.00 application and permit fee. Each permit will expire at 3:00 a.m. on January 1st following the year issued. The permit fee shall be collected prior to issuance of the permit (Ord. No. 5185, 10-7-08; Ord. No. 5321, 5-18-10; Ord. No. 5459, 11-15-11; Ord. No. 5768, 5-5-15; Ord. No. 5979, §§3, 4, 5-16-17) 178.04 Outdoor Mobile Vendors (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $4-W125.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such. (Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979, §§5, 6, 5-16-17; Ord. No. 6707, §2, 11-21-23) Fayetteville, Arkansas, Code of Ordinances (Supp. No. 35) Created: 2024-12-12 11:47:29 [EST] Page 1 of 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 182-24 File Number: 2024-222 IMPLEMENT USER FEE STUDY RECOMMENDATIONS (RESOLUTION OF INTENT): A RESOLUTION OF INTENT TO IMPLEMENT THE RECOMMENDATIONS OF THE 2024 USER FEE STUDY INCLUDING A FULL COST RECOVERY MODEL, ESTABLISHMENT OF A MASTER FEE SCHEDULE, AND ANNUAL ADJUSTMENT WHEREAS, Fayetteville has a long and well -established history of charging user fees for a number of City services, including those associated with development review; and WHEREAS, documentation from as early as the 1980s indicates codified fees for project classes that are still familiar today: lot splits, preliminary plats, large scale developments, and others; and WHEREAS, in mid-1991, a formal user fee study was initiated but, following a change in the form of Fayetteville's form of municipal government between 1991 and 1992, implementation was delayed with only portions adopted in the mid-1990's; and WHEREAS, in 2003, the City Council approved a contract for a second user fee study, an element of which focused on Planning and Building Safety; and WHEREAS, in June 2005, the City Council approved a User Fee Cost Recovery Policy for City Services, but no discernable action was taken, with many fees from 2024 remaining as they existed in 2004; and WHEREAS, in February 2023, the City Council approved a contract with MGT for an updated user fee study whose core objectives include evaluating and improving the current fee structure, defining the cost of City services, and recommending fees based on the cost of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to implement the recommendations of the 2024 User Fee Study including a full cost recovery model, establishment of a master fee schedule, and annual adjustment. PASSED and APPROVED on July 2, 2024 Page 1 Resolution: 182-24 File Number: 2024-222 Page 2 Attest: ; ����• i 1 F� "'�►,• Kara Paxton, City Cl rk Treasurer �P);= Cj .��� ��NG i 0IA CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 CITY COUNCIL MEMO 2025-175 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jonathan Curth, Development Services Director Chris Brown, Public Works Director SUBJECT: Request to create additional positions in the Development Services and Public Works Departments. RECOMMENDATION: City staff recommend approval of a resolution to budget four additional positions within the Engineering Division of the Public Works Department and three within the Development Services Department to improve customer service through development review, code compliance, and long-range planning. BACKGROUND: Fayetteville's growth has led to many visible impacts, from changes in traffic flows and newly -built subdivisions, to modified infrastructure and new businesses. Less apparent is the volume of increased work this represents for city staff associated with upholding city ordinances, ensuring life -safety standards, and confronting nuisances. Where additional resources and tools have frequently been supported by City Council, ranging from additional staffing to new review software, this has not always kept pace with variable, but steadily increasing workload and application numbers. As a result, response times fall short of customer expectations, reviews extend past due dates, and staff turnover is heightened. As an example, within the Planning Division, no staff member remains that was present at the beginning of 2020. Similarly, the 17-person Building Safety Division includes only four staff that were in the group five years ago. In professional fields where most projects span years, continuity and institutional knowledge are comparable in value to certifications and degrees. DISCUSSION: With the above context in mind, staff is proposing seven positions, broken down by organization: Public Works Department o Engineering Division ■ Engineering Services Coordinator: The Engineering Services Coordinator is the administrative staff person for the Engineering Division. There is currently one with work load that exceeds capacity. As a result, technical staff, like review engineers, are performing administrative duties in -lieu of performing timely development review and offering prompt responses to resident and applicant inquiries. This position will improve responsiveness of both administrative and review staff. ■ Plans Examiner — Engineering: The ongoing, heightened period of growth in Fayetteville has resulted in increased review times that prove costly to development and, ultimately, residents. Among the increased number of application types are those that do not Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 require a licensed engineer. This position will improve review times for most classes of project as licensed engineers can then dedicate focus to complex items. Public Works Projects Inspector: The Engineering Division currently includes four public works project inspectors with a responsibility to ensure infrastructure requirements are met. The volume of projects requiring inspection has led to inspectors both spending less time on -site during construction and requiring overtime as necessary. Additionally, a lack of availability inspectors during busy times or during staff absences induces delays in construction projects which results in added costs. The addition of this position can reduce construction delays while ensuring the quality and safety of public infrastructure, and reduces the potential for unanticipated repairs. Staff Engineer — Unlicensed: As the City continues to grow, development review becomes more cumbersome and the current staff of 2 review engineers cannot keep up. Despite regular and consistent work after hours, customers are experiencing delayed reviews and responses. This position will improve responsiveness to customers and timeliness of reviews. Development Services Department o Development Review (Planning) Division ■ Urban Forester: The city currently employs one forester in the Parks Department and one in Development Services. While these both ostensibly work on development review and forestry programming, the amount of growth in Fayetteville and the associated permitting and applications has led to limited focus on programming. Additionally, the volume of work has reduced responsiveness and delayed reviews, diminished the ability to monitor citywide canopy loss and other data tracking, and respond to non -applicant resident concerns. This position will support addressing all of the above. o Long -Range Planning Division ■ Planning Outreach & Communications Specialist: The need for this position is manifold and predicated on a decade and a half of rapid growth with limited staffing dedicated to long-range planning and land use plan implementation. The absence of dedicated staff created a significant implementation and workplan backlog. The results are: limited advancement towards comprehensive plan goals, heightened but unmet resident expectation for participation, and greater demand for cross -departmental collaboration and coordination on planning and CIP projects. This position will increase long-term capacity for planning, public outreach, and communication efforts that currently go unmet or are partially addressed with consultant costs. o Building Safety Division • Code Compliance Officer: Since Code Compliance's integration into Building Safety, case load rose from 1,350 in 2020 to 2,500 in 2022. In 2023 it increased further to 2,600. With rising case loads, Codes ongoing support role for other divisions and departments, and an effort to respond more proactively to resident concerns, an additional officer is needed. This position will support efforts for more timely responses, complaint resolution, and proactive enforcement in areas that pose particular concern if considered instead on a complaints -basis. With the 2025 Annual Budget, seven positions similar to the above were proposed, but ultimately not recommended or approved. Occurring concurrently with the 2025 Annual Budget's development was the finalization of a user fee study that considered development related licenses, permits, applications, and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 services. In acknowledgment of potential revenue realized from the user fee study's implementation, staff is bringing these seven positions forward to offer improved services alongside increased fees. BUDGET/STAFF IMPACT: These positions would be funded through the General Fund. ATTACHMENTS: SRF (#3) , BA (#4) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-175 Request to create additional positions in the Development Services and Public Works Departments. A RESOLUTION TO AUTHORIZE THE ADDITION OF FOUR FULL-TIME EQUIVALENT POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THREE FULL-TIME EQUIVALENT POSITIONS IN THE DEVELOPMENT SERVICES DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Fayetteville's growth has led to many visible impacts, from changes in traffic flows and newly built subdivisions, to modified infrastructure and new businesses and this growth has also led to an increase of work for city staff associated with upholding city ordinances, ensuring life -safety standards, and confronting nuisances; and WHEREAS, where additional resources and tools have frequently been supported by City Council, ranging from additional staffing to new review software, this has not always kept pace with variable, but steadily increasing, workload and application numbers and, as a result, response times fall short of customer expectations, reviews extend past due dates, and staff turnover is heightened; and WHEREAS, in professional fields where most projects span years, continuity and institutional knowledge are comparable in value to certifications and degrees but, within the Planning Division, no staff member remains that was present at the beginning of 2020; and WHEREAS, Mayor Rawn proposes the addition of four new positions within the Engineering Division and three within the Development Services Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the addition of the following four full-time equivalent positions in the Engineering Division of the Public Works Department: • Engineering Services Coordinator • Plans Examiner —Engineering • Public Works Projects Inspector • Staff Engineer - Unlicensed Page 1 Resolution: File Number: 2025-175 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the addition of the following three full-time equivalent positions in the Development Services Department: ■ Urban Forester - Development Review (Planning Division) ■ Planning Outreach & Communications Specialist - Long Range Planning Division ■ Code Compliance Officer - Building Safety Division Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 2 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-175 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/5/2025 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Request to approve seven (7) full-time positions in the Development Services and Public Works departments and to approve a budget adjustment. Budget Impact: Various 1010 - General Account Number Fund Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 813,700.00 813,700.00 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number DEVELOPMENT SERVICES (620) /Org2 2025 Requestor: Jonathan Curth BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a budget adjustment approving the addition of Seven (7.00 FTE's) and related expenses to be partially offset by an increase in development fees. RESOLUTION/ORDINANCE COUNCIL DATE: 2/18/2025 ITEM ID#: 2025-175 Nolly Black 21512025 70:39 Rln Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL 813,700 813,700 v.202513 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.001.0001-4999.99 176,700 RE Use Fund Balance - Current 1010.640.6400-4201.00 80,500 RE Building Permits/Fees 1010.640.6400-4201.00 105,000 RE Building Permits/Fees 1010.630.6300-4207.00 26,000 RE Licenses - Business 1010.630.6300-4409.01 121,500 RE Planning Fees - Drain/Grading Permit 1010.300.3010-4202.00 14,000 RE Fire Permit - Protection 1010.630.6300-4409.00 161,000 RE Planning Fees - Planning Office 1010.621.6220-5100.00 134,902 EX Salaries/Wages - FT, Regular 1010.621.6220-5105.00 8,367 - EX Payroll Taxes - FICA 1010.621.6220-5105.01 1,958 - EX Payroll Taxes - Medicare 1010.621.6220-5108.00 24,597 - EX Emp Insurance - Health 1010.621.6220-5108.01 448 - EX Emp Insurance - LTD 1010.621.6220-5108.02 15 - EX Emp Insurance - ADD 1010.621.6220-5108.03 466 - EX Emp Insurance - Life 1010.621.6220-5109.06 9,986 - EX Pension - Retirement Savings 1010.621.6220-5200.00 1,400 - EX Supplies - Office/Printing 1010.621.6220-5209.00 19,200 - EX Software 1010.621.6220-5210.00 26,500 - EX Minor Equipment Iof3 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.621.6220-5304.00 7,500 - EX Travel & Training 1010.621.6220-5309.02 1,136 - EX Lease - Software 1010.621.6220-5310.01 498 - EX Utilities - Telephone 1010.621.6220-5331.00 725 - EX Motorpool Charges - Maintenance 1010.621.6220-5331.01 2,921 - EX Motorpool Charges - Replacement 1010.621.6220-5331.02 523 - EX Motorpool Charges - Shop Overhead 1010.621.6220-5331.03 245 - EX Motorpool Charges - Shop OH Insurance 1010.621.6240-5100.00 44,213 - EX Salaries/Wages - FT, Regular 1010.621.6240-5105.00 2,742 - EX Payroll Taxes - FICA 1010.621.6240-5105.01 642 - EX Payroll Taxes - Medicare 1010.621.6240-5108.00 8,199 - EX Emp Insurance - Health 1010.621.6240-5108.01 147 - EX Emp Insurance - LTD 1010.621.6240-5108.02 5 - EX Emp Insurance - ADD 1010.621.6240-5108.03 152 - EX Emp Insurance - Life 1010.621.6240-5109.06 3,316 - EX Pension - Retirement Savings 1010.621.6240-5331.00 725 - EX Motorpool Charges - Maintenance 1010.621.6240-5331.01 2,921 - EX Motorpool Charges - Replacement 1010.621.6240-5331.02 523 - EX Motorpool Charges - Shop Overhead 1010.621.6240-5331.03 245 - EX Motorpool Charges - Shop OH Insurance 1010.630.6300-5100.00 48,506 - EX Salaries/Wages - FT, Regular 1010.630.6300-5105.00 3,008 - EX Payroll Taxes - FICA 1010.630.6300-5105.01 704 - EX Payroll Taxes - Medicare 1010.630.6300-5108.00 8,199 - EX Emp Insurance - Health 1010.630.6300-5108.01 161 - EX Emp Insurance - LTD 1010.630.6300-5108.02 5 - EX Emp Insurance - ADD 1010.630.6300-5108.03 167 - EX Emp Insurance - Life 1010.630.6300-5109.06 3,638 - EX Pension - Retirement Savings 1010.630.6300-5200.00 200 - EX Supplies - Office/Printing 1010.630.6300-5209.00 4,800 - EX Software 1010.630.6300-5210.00 10,000 - EX Minor Equipment 1010.630.6300-5303.00 750 - EX Publications & Dues 1010.630.6300-5304.00 4,000 - EX Travel & Training 1010.630.6300-5309.02 284 - EX Lease - Software 1010.630.6300-5310.01 150 - EX Utilities - Telephone 1010.634.6340-5100.00 48,506 - EX Salaries/Wages - FT, Regular 1010.634.6340-5105.00 3,008 - EX Payroll Taxes - FICA 1010.634.6340-5105.01 704 - EX Payroll Taxes - Medicare 1010.634.6340-5108.00 8,199 - EX Emp Insurance - Health 1010.634.6340-5108.01 161 - EX Emp Insurance - LTD 1010.634.6340-5108.02 5 - EX Emp Insurance - ADD 1010.634.6340-5108.03 167 - EX Emp Insurance - Life 1010.634.6340-5109.06 3,638 - EX Pension - Retirement Savings 1010.634.6340-5200.00 200 - EX Supplies - Office/Printing 1010.634.6340-5209.00 4,800 - EX Software 1010.634.6340-5210.00 10,000 - EX Minor Equipment 1010.634.6340-5303.00 600 - EX Publications & Dues 2of3 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.634.6340-5304.00 3,500 - EX Travel & Training 1010.634.6340-5309.02 284 - EX Lease - Software 1010.634.6340-5310.01 150 - EX Utilities - Telephone 1010.640.6400-5100.00 39,936 - EX Salaries/Wages - FT, Regular 1010.640.6400-5105.00 2,477 - EX Payroll Taxes - FICA 1010.640.6400-5105.01 580 - EX Payroll Taxes - Medicare 1010.640.6400-5108.00 8,199 - EX Emp Insurance - Health 1010.640.6400-5108.01 132 - EX Emp Insurance - LTD 1010.640.6400-5108.02 5 - EX Emp Insurance - ADD 1010.640.6400-5108.03 137 - EX Emp Insurance - Life 1010.640.6400-5109.06 2,996 - EX Pension - Retirement Savings 1010.640.6400-5200.00 200 - EX Supplies - Office/Printing 1010.640.6400-5209.00 5,100 - EX Softwa re 1010.640.6400-5210.00 10,000 - EX Minor Equipment 1010.640.6400-5302.00 600 EX Uniforms/Personal - Equipment 1010.640.6400-5304.00 2,500 - EX Travel & Training 1010.640.6400-5309.02 284 - EX Lease - Software 1010.640.6400-5310.01 830 - EX Utilities - Telephone 1010.640.6400-5331.00 1,220 - EX Motorpool Charges - Maintenance 1010.640.6400-5331.01 5,908 - EX Motorpool Charges - Replacement 1010.640.6400-5331.02 527 - EX Motorpool Charges - Shop Overhead 1010.640.6400-5331.03 358 - EX Motorpool Charges - Shop OH Insurance 1010.090.6600-7602.70 129,000 - 59700 1010 EX Transfers To Funds - Shop 9700.770.1920-5802.00 129,000 - 02078 2025 EX Vehicles & Equipment - base 9700.770.1920-6602.01 - 129,000 02078 2025 RE Transfer from Fund -General 3of3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 11, 2025 TO: Mayor Rawn and City Council THRU: FROM: Mayor Molly Rawn CITY COUNCIL MEMO 2025-176 SUBJECT: Suspension of the Rules for Ordinance Reading Requirement RECOMMENDATION: Mayor Rawn proposes a change to Rule A.7.d of the City Council Rules of Order and Procedure so that once an ordinance is read, a motion to suspend the rules, if passed, would move it to the third and final reading BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Suspension of Rules Will Place Ordinance on its Third and Final Reading (#3) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-176 Suspension of the Rules for Ordinance Reading Requirement A RESOLUTION TO AMEND RULE A.7.d. UNFINISHED BUSINESS AND NEW BUSINESS BY ADDING A NEW (3) SUSPENSION OF THE RULES PLACES THE ORDINANCE ON ITS THIRD AND FINAL READING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends A.7.d. Unfinished Business and New Business by adding a (3) Suspension of the Rules Places the Ordinance on its third and final reading as follows: "(3) Suspension of the Rules Places the Ordinance on its Third and Final Reading. When a Motion to Suspend the Rules to advance an ordinance that has been read to another reading, such motion if passed will advance the ordinance to its third and final reading." Page 1 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk/Treasurer CC: Paul Becker, Chief Financial Officer Keith Macedo, Chief of Staff FROM: Kit Williams, City Attorney DATE: January 28, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Suspension of Rules Will Place Ordinance on its Third and Final Reading A.C.A. § 14-55-202 Reading requirement states: "All bylaws and ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the municipal council shall dispense with the rule." The City of Fayetteville City Council has longed approved motions to suspend the rules to move a proposed ordinance to its next reading: either the second reading or to the third and final reading. To hopefully shorten the City Council meeting, Mayor Rawn suggests that the Rules of Order and Procedure be changed so that once an ordinance is read, a motion to suspend the rules, if passed, would move it to the third and final reading. This means that the Council need not pass a motion to suspend the rules more than once for an ordinance before it can be voted upon. Council Members may move to table an ordinance on its third and final reading if they are not ready to vote on it during that meeting. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/08/2025 by Resolution # 37-25 Adopted 01/07/2025 by Resolution # 37-25 Page 3 of 13 d. Unfinished Business and New Business. (1) Overview Period. Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, appellant from a final decision of the Planning Commission or City Staff, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. An Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. (2) Public Comments. Public comment at a City Council meeting shall be allowed on all items of unfinished and new business and subjects of public hearings. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. Speakers present in the City Council Chambers shall be recognized before speakers participating by electronic means. Speakers shall be limited to a maximum of three (3) minutes to discuss the agenda item or amendment being considered by the City Council. The City Council may allow a speaker additional time by unanimous consent or majority vote. As part of a person's public comments allowed above, the speaker may use electronic visual aids during their three (3) minutes presentation period concerning C3 the agenda item being considered by the City Council. e. Courtesv and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from cornments that are harassing or amount to a personal attack against any identifiable individual including abusive cornments and derogatory remarks about integrity or offer any other cornments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking, and shall leave the podium. 8. Smoking( Prohibited. There will be no smoking allowed in the City Council Chambers during City Council meetings. 9. Cell Phones and Page-s. Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions.