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HomeMy WebLinkAbout2019-08-06 - Agendas - FinalCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Final Agenda Tuesday, August 6, 2019 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Final Agenda August 6, 2019 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2018-0678 MONTHLY FINANCIAL REPORT - PAUL BECKER 2. 2019-0441 2018 CAFR REPORT - PAUL BECKER Agenda Additions A. Consent A.1 2019-0013 APPROVAL OF THE JULY 16, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0422 FLEMING ELECTRIC, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF FOUR ELECTRICAL JUNCTION BOXES AND THE REPAIR OF AN ELECTRICAL CONDUIT FOR THE BIOLOGICAL TREATMENT UNITS AT THE WEST SIDE WASTEWATER TREATMENT FACILITY FOR THE TOTAL AMOUNT OF $18,704.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 A. 3 M-1 2019-0436 JACK TYLER ENGINEERING, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A PUMP FOR THE SOLIDS HANDLING ODOR CONTROL SYSTEM AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $10,900.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0387 NABHOLZ INDUSTRIAL SERVICES: A RESOLUTION TO ACCEP 2019-0442 T BID #19-36 AVO MULTI -AMP CORPORATION D/B/A MEGGER: A RESOLUTION TO AWARD BID #19-36 AND AUTHORIZE THE PURCHASE OF WATER LEAK DETECTION EQUIPMENT FROM AVO MULTI -AMP CORPORATION D/B/A MEGGER GROUP IN THE AMOUNT OF $60,990.00 FOR USE BY THE WATER AND SEWER OPERATIONS DIVISION City of Fayetteville, Arkansas Page 3 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 A. 6 A. 7 A. 8 2019-0424 BID # 19-34 KANSAS SALT, LLC: A RESOLUTION TO AWARD BID # 19-34 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $50.00 PER TON FOR MATERIALS PICKED UP AND $95.00 PER TON FOR MATERIALS DELIVERED AS NEEDED, AND TO AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY SUPPLIER 2019-0440 AMERICAN ELECTRIC POWER: A RESOLUTION TO AUTHORIZE A CONTRACT WITH AEP/SWEPCO FOR UTILITY RELOCATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $30,697.03 2019-0447 NWA TRAILBLAZERS: A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLEBELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. DB/A NWA TRAILBLAZERS FOR THE DESIGN AND CONSTRUCTION OF PHASE IOF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR CENTENNIAL PARK AT MILLSAP MOUNTAIN B. Unfinished Business City of Fayetteville, Arkansas Page 4 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 B. 1 B. 2 B. 3 2019-0379 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER At the July 2, 2019 City Council Meeting this item was left on the first reading. At the July 16, 2019 City Council Meeting this item was left on the second reading. 2019-0415 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AN ORDINANCE TO AMEND § 161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET At the July 16, 2019 City Council Meeting this item was left on the first reading. 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED -USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 B.4 2019-0358 AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS At the July 16, 2019 City Council Meeting this item was left on the first reading. C. New Business C. 1 2019-0446 2020 EMPLOYEE BENEFITS PACKAGE: A RESOLUTION TO APPROVE THE 2020 EMPLOYEE BENEFITS PACKAGE C.2 2019-0435 RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6708 FOR APPROXIMATELY 3.08 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R-A, RESIDENTIAL AGRICULTURAL AND NC, NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R-A, RESIDENTIAL AGRICULTURAL City of Fayetteville, Arkansas Page 6 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 C. 3 C. 4 C. 5 C. 6 2019-0449 RZN 19-6710 (1520 E. HUNTSVILLE RD./TAMIJANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED PETITION RZN 19-6710 FOR APPROXIMATELY 0.80 ACRES LOCATED HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL 2019-0434 VAC 19-6712 (155 N. FLETCHER AVE./ENLIGHTEN HOMES): IN REZONING AT 1520 EAST 4 UNITS PER AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH FLETCHER AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY 2019-0438 BLOCKER WALLACE SERVICE, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $31,550.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM BLOCKER & WALLACE SERVICE, LLC FOR THE REPAIR OF TWO CYCLO-BLOWERS FOR THE WESTSIDE WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0453 WASHINGTON COUNTY NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT MOU: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND WASHINGTON COUNTY FOR THE CITY TO USE THE NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT AT NO COST THROUGH 2O19 WITH A FEE OF $40.00 PER DAY FOR EACH INDIVIDUAL THE CITY SENDS FOR TREATMENT BEGINNING ON JANUARY 1, 2020 City of Fayetteville, Arkansas Page 7 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 D. City Council Agenda Session Presentations D. 1 2019-0429 AGENDA SESSION PRESENTAITON - POLICE DEPARTMENT PRESENTATION E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 8 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 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 then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give 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 at the microphone 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 an Alderman 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. Unfinished Business and New Business: Presentations by Staff and Applicants: Agenda items 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, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the City Council. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the City Council member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to a City Council member or city staff City of Fayetteville, Arkansas Page 9 Printed on 81112019 City Council Meeting Meeting Final Agenda August 6, 2019 member except through the Mayor. 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 rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. 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. Interpreters or Telecommunications Devise 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. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 10 Printed on 81112019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2018-0678 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: 1. MONTHLY FINANCIAL REPORT - PAUL BECKER City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0441 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: 2. 2018 CAFR REPORT - PAUL BECKER City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0013 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A. 1 APPROVAL OF THE DULY 16, 2019 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0422 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 2 FLEMING ELECTRIC, INC.: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF FOUR ELECTRICAL JUNCTION BOXES AND THE REPAIR OF AN ELECTRICAL CONDUIT FOR THE BIOLOGICAL TREATMENT UNITS AT THE WEST SIDE WASTEWATER TREATMENT FACILITY FOR THE TOTAL AMOUNT OF $18,704.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, 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 accepts a quote in the amount of $18,704.00 plus applicable taxes and freight charges from Fleming Electric, Inc. for the purchase of four new electrical junction boxes and the repair of an electrical conduit for the biological treatment units at the West Side Wastewater Treatment Facility. 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. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0422 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/11/2019 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends the replacement of four (4) damaged electrical junction boxes and the repair of electrical conduit for the biological treatment units located at the West Side Wastewater Treatment Facility by Fleming Electric, Inc. in the amount of $18,704.00 plus applicable taxes, and approval of a budget adjustment. Budget Impact: 5400.730.5800-5414.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 1,060,718.00 Funds Obligated $ 1,060,715.61 Current Balance E I Does item have a cost? Yes Item Cost $ 20,527.64 Budget Adjustment Attached? Yes Budget Adjustment $ 20,528.00 Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Taxes are estimated at $1,823.64 for a total cost of $20,527.64. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee Tim Nyander, Utilities Director FROM: Greg Weeks, Wastewater Treatment DATE: July 11, 2019 CITY COUNCIL MEMO SUBJECT: Electrical Junction Box and Conduit Repairs at the est Side astewater Treatment Facility RECOMMENDATION: Staff recommends the replacement of four (4) damaged electrical junction boxes and the repair of electrical conduit for the biological treatment units located at the West Side Wastewater Treatment Facility by Fleming Electric, Inc. in the amount of $18,704.00 plus applicable taxes, and approval of a budget adjustment. BAC GROUND: The West Side Treatment Facility utilizes a series of four biological nutrient removal reactors (bio-units) to treat an average of 7.2 million gallons of wastewater per day (2017, Annual AVG). Since the facility's start-up in 2008, gradual settling of some asphalt and concrete surfaces have slowly occurred next to the bio-units. Four junction boxes near these areas have been damaged as a result and need to be replaced, and repairs are also needed for nearby electrical conduits that were damaged by the settling. DISCUSSION: Adjacent to the facility's biological treatment units, there are several areas where asphalt or concrete surfaces show signs of approximately 1-3 inches of sub -grade settling. Above the concrete or asphalt surfaces are electrical junction boxes attached to the bio-unit's exterior walls. As the impervious surfaces have slowly shifted in elevation, a downward pressure has been exerted on nearby electrical conduits resulting in both damaged conduit and junction boxes. Staff believes the shifting asphalt and concrete surfaces are the result of a very gradual settling of the subgrade-backfill going back to the facility's initial construction over ten years ago. Staff have not observed evidence suggesting the settling rate is increasing or the result of a suddenly recent occurrence. Also, area evidence points to the shifting surfaces being that of the concrete and asphalt (next to the biological basins) rather than settling of the basins themselves. It is our expectation the next 10 years will not repeat the same extent of subgrade settling. However, this repair proposal does include expansion fittings that will protect against the possibility of future damage. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Recently, written quotes were requested from three local vendors with Fleming Electric, Inc. having the lowest bid. Below are the three bid amounts that were received: Fleming Electric, Inc. $18,704.00 Crossland Heavy Contractors $25,571.00 King Electric $35,930.00 Staff recommends completion of the proposed repairs by Fleming Electric, Inc. in the amount of $18,704.00. Taxes are estimated to be $1,823.64 for a total project cost of $20,527.64. BUDGET STAFF IMPACT: Budgeted funds will be moved from the Sanitary Sewer Rehabilitation account to the Plant Pumps and Equipment account to cover the repair costs for the damaged electrical junction boxes and electrical conduit. Funds being moved are budgeted funds for sewer rehabilitation/replacement and maintenance. Attachments: Three Repair Quotes Budget Adjustment Fleming Electric, Inc. Your Total Solution Provider 3311 Southwest I Street Bentonville, AR 72712 (479) 715-6099 Fax: (479) 715-6855 email: dispatch@fleminc.com Quoted To: Jacobs Jeremy LaCoe/Tim Marr 1400 N. Fot Hunter Road Fayetteville, AR 72701 Phone 479-443-3292 Email Jeremy.LaCoe@Jacobs.com/Tim.Marr@J Description Provide and install 4 new nema 4x boxes Provide and install expatiation joints on all conduits coming out of ground Provide 3 guy for 10 days to pull all wires back to install boxes AIII labor quoted for week days no over time included No wires to be spliced unless existing Terminal blocks will be installed to accommodate all existing spliced wires in south box Jeremy IaCoe & Tim Marr will coordinate the shut down if needed Excluding new wireing due to unseen damage U' 0 T E NWAQ7440-01 Date Jun 14, 2019 Expires Jul 13, 2019 Contractors License # 0023160416 Project # Conduit and box repairs Plan # AAE#90254 Tips/Taps# MC # 11732 Submitted By: Tim Edens Estimator: Shay Hardin Unit Price Qty Ext. Price $18,704.00 1 $18,704.00 _ Subtotal $18,704.00 I accept the terms and conditions of this quotation. Sales Tax $0.00 Signed: Date: i Name: Title: Grand Total** $18,704.00 Terms: 30 Day Draws. Balance Due Upon Completion/Delivery. "APPLICABLE SHIPPING CHARGES AND SALES TAX, IF ANY, WILL BE CHARGED AT TIME OF BILLING" Exclusions: 1) Cutting, Patching & Painting 2) Concrete 3) Asphalt Cutting & Patching 4) Trash Removal & Dumpster 5) Core Drilling 6) Power Company Charges 7) Roof Penetration 8) Engineering Fees 9) No welding or fabrication 10) No programming or commissioning, unless specifically included in above quote. Note: If any case of solid rock is encountered, a rock clause will be in effect. The rock clause states there will be a minimum charge of $1,000.00 per cubic foot removal fee. We exclude all engineering fees. Page 1 of 1 CROSSLAND HEAVY CONTRACTORS Fayetteville West Side WWTP — Fayetteville, AR 501 S. East Ave, P.O. Box 350 Columbus, KS 66725 Tel: 620.429.1410 Fax: 620.429.2977 June 14, 2019 Mr. Jeremy LaCoe Maintenance Supervisor 1400 N Foxhunter Rd. Fayetteville, AR. 72701 Reference: Electrical Component Removal & Replacement Mr. LaCoe, Crossland Heavy Contractors is pleased to provide to you a quotation to complete the replacement of the specified electrical components at the Fayetteville West WWTP. Below is a brief outline of the work as proposed. Crossland Heavy Contractors will contract with Harvey Preston Electric Co. Inc, to replace the specified electrical boxes & damaged conduit that were observed on 6/04/2019. Crossland Heavy Contractors will replace all asphalt and sod areas disrupted during the repair. Attached is the scope of work for Harvey Preston for this project. A breakdown of the cost of work is below: • CHC Materials — $1,041.00 o Asphaltic Cold Patch o Bermuda Square Sod o Class 7 Baserock • Labor - $1,676.00 o Foreman o Skilled Operator o Skilled Laborer • Equipment - $650.00 o CAT 256 Wheeled Skid Steer o Light Duty Truck(s) • Subcontractors - $21,103.00 o Harvey Preston Electric Co. Inc. • Contractor Bond & Insurance - $1,101.00 The total cost of construction to remove and replace the specified electrical components as well as restore the disturbed areas at the working sites back to acceptable condition: • Complete Total Cost - $25,571.00 • Total Working Days Required — 5 Days If there are any questions or concerns regarding this matter please feel free to give me a call. Respectfully, Garrett Street 620-202-1834 Project Manager Crossland Heavy Contractors HARVEY-PRESTON ELECTRIC CO. INC. 12110 Old Hwy 71 South Fort Smith, AR. 72916 email<bjohson@harveyprestonelectric.com> www.harveyprestonelectric.com Phone 479-646-0433 Fax 479-646-2245 6-14-19 PROPOSAL page 1 of 1 Fayetteville, AR West side wastewater treatment plant Ref: Junction box replacement Harvey -Preston Electric Company, Inc., will furnish all tools, material and labor to repair stainless junction boxes. Included (south J-Boxes) - Remove asphalt over south junction box conduits - Demo (2) 14xl4x6 NEMA 4X junction boxes - Demo existing vertical conduits all the way back to PVC - Determinate all conductors. - Tap on to existing underground PVC conduit to install new ROBROY conduit and 90's - Replace J-boxes with new SS NEMA 4x hinged cover junction boxes. - All box and conduit support to be in stainless steel. - Re terminate all existing conductors. (control conductors to be in terminal's) (north J-boxes) - Excavate down to existing underground PVC conduits. - Pull out all existing conductors - Tap on to existing underground PVC conduit to install new ROBROY conduit and 90's - Replace all existing junction boxes with new stainless steel NEMA 4X hinged cover J-boxes. - All box and conduit support to be in stainless steel. - Re terminate all existing conductors. (no terminals on controls) Excluded - Asphalt repair. - Excavation spoil disposal. - City of Fayetteville Permit. Note - Owner will be responsible for start up testing Harvey Preston will aid if needed. Bonding if required at an additional cost of $15.00 per $1000.00. All work to be performed during normal working hours. KING ELECTRICAL CONTRACTORS, INC. 2145 WEST MOORE LANE FAYETTEVILLE, AR 72704 479-443-0006 FAX 479-443-2594 Email: gordon@ckingelectric.net PROPOSAL TO: PHONE DATE Jacobs April 10, 2019 1400 North Fox Hunter Road JOB NAME Fayetteville, AR 72701 Westside WWTP Attn: Tim Marr JOB DESCRIPTION See attached scope sheet We have seen zero (0) addendum(s) or revision(s) or clarification(s) Contractor's License #0063870419 Westside Unit 1 junction box repair $16,700.00 Westside Unit 2 junction box repair $19,230.00 Westside change out $4,300.00 each Lift Station g FD change out $5,100.00 each Lift Station L2 nerator change out $9,200.00 PROPOSAL GOOD FOR 30 DAYS DOLLARS: $ SEE ABOVE TERMS: PAYMENT DUE UPON RECEIPT OF INVOICE AUTHORIZED SIGNATURE A FINANCE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS OF .0833% PER MONTH. ALL ATTORNEY FEES WILL BE COLLECTED ON PAST DUE ACCOUNTS. Gordon Ray Project Manager / Estimator THE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ACCEPTANCE SIGNATURE ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. KING ELECTRICAL CONTRACTORS Scope Sheet General Inclusions & Exclusions Inclusions 1. Wiring per site visits 3/29/2019 Division 26 electrical. All estimates are based upon our contract rates with the City of Fayetteville. 2. Permit and inspection fees if applicable. 3. Division 26 excavation. 4. Trenches backfilled with existing dirt and tamped. 5. Taxes. 6. Equipment rental. 7. Demolition/debris or trash removal as directed on site. 8. Division 26 excavations dirt or spoils removal from site. 9. Owner is responsible for de -energizing equipment, controls and communication for our lock out and tag out. Exclusions 1. Payment, Bid or Performance Bond. 2. Engineering services, stamps or plans. 3. Overtime labor. 4. Furnishing or installing wiring and equipment for Fire Alarm, Phone, VOIP, POS, CATV, Data, Fiber Optic, CCTV, Security, Access control, SCADA, Audio, and Video systems. 5. Allowances. 6. Electrical System coordination and/or Arc Flash investigation, studies, calculations or reports. 7. Access panels for electrical equipment. 8. Cutting, painting, penetrations, backing or repair & patching of concrete, asphalt, walls, ceiling, roof or floors for electrical conduit & equipment. 9. Cutting or patching parking lot for electrical equipment. 10. Ditch compaction testing. 11. Back filling Division 26 excavations with classified rock. 12. Any type of rock excavation. 13. Landscaping or repair due to Division 26 excavation. 14. Directional Boring. 15. Formed or finished concrete. 16. Asbestos or hazardous material abatement. 14 KING ELECTRICAL CONTRACTORS Scope Sheet Westside WWTP Unit 1 & Unit 2 Junction Box Repair Inclusions 1. Saw cut and demo approximately 4 foot by 8 eight section of asphalt in front of unit 1 junction boxes. 2. Excavate dirt in front of unit 2 junction boxes. 3. We are assuming the existing conduits are not concrete encased. 4. Excavate down to existing conduits and attempt to raise to original height. 5. Pour concrete around conduit to stabilize. 6. Replace two 12x12 Nema 4x stainless steel junction boxes at unit 1. 7. Replace two 12x12 Nema 4x stainless steel junction boxes and replace one 24x24 junction box at unit 2. 8. Replace unistrut for junction boxes and conduit strapping. 9. Repair and replace above ground sections of plastic coated GRC conduit. 10. Install plastic coated GRC conduit expansion fittings. 11. Replace plastic coated GRC conduit myers hubs. 12. Install terminal strips for existing wire retermination. 13. Estimated repair time for each location 4 days. Exclusions 1. Repulling existing wire. To lengthen we will mark, cut and install on terminal blocks. 2. Repulling existing wire. To lengthen we will mark, cut and crimp butt splice and heat shrink for large conductors. 3. Asphalt replacement. 4. Engineering services, stamps or plans. 5. Furnishing or installing wiring and equipment for Fire Alarm, Phone, VOIP, POS, CATV, Data, Fiber Optic, CCTV, Security, Access control, SCADA, Audio, and Video systems. 6. Allowances or unit prices. 7. Electrical System coordination and/or Arc Flash investigation, studies, calculations or reports. 8. Access panels for electrical equipment. 9. Cutting, painting, penetrations, backing or repair & patching of concrete, asphalt, walls, ceiling, roof or floors for electrical conduit & equipment. 10. Ditch compaction testing. 11. Back filling Division 26 excavations with classified rock. 12. Any type of rock excavation. 13. Landscaping or repair due to Division 26 excavation. 14. Directional Boring. 15. Formed or finished concrete. 16. Asbestos or hazardous material abatement. 3 KING ELECTRICAL CONTRACTORS Scope Sheet Westside WWTP Areator VFD Replacement' Inclusions I 1. Remove existing Altivar VFD and components d place on pallets for removal or disposal by owner. 2. Install new Altivar VFD, display and compgtients relays, contactors, SPD and fuses furnished by owner. / 3. Electrician present for factory start-up 44 commissioning. 4. Wire, lugs and miscellaneous materi,)ffor interconnections and terminations. Exclusions 1. Repulling existing wire. To ngthen we will mark, cut and install on terminal blocks or butt spl' e and heat shrink large conductors. 2. New VFD programmin start-up and commissioning fees. 3. Engineering services, amps or plans. 4. Furnishing or install' g wiring and equipment for Fire Alarm, Phone, VOIP, POS, CATV, Dat , Fiber Optic, CCTV, Security, Access control, SCADA, Audio, and Vid i systems. 5. Allowanc/Sstem 6. Electricalcoordination and/or Arc Flash investigation, studies, calculatioeports. 7. Access panels for electrical equipment. 8. Cutting, painting, penetrations, backing or repair & patching of concrete, asphalt, walls, ceiling, roof or floors for electrical conduit & equipment. 9. Asbestos or hazardous material abatement. KING ELECTRICAL COI Scope Sheet Lift Station 12 Hamstring V Inclusions 1. Remove existing Eaton VFD or disposal by owner. 2. Install new Altivar VFD, d' SPD, power factor corre ion 3. Electrician present for actor; 4. Wire, lugs and misc'pitaneow, ORS Replacement its and place on pallets for removal lay and components including relays, contactors, and fuses furnished by owner. start-up and commissioning. material for interconnections and terminations. 4 Exclusions 1. Repulling existing wire. To lengthen we will mark, c and install on terminal blocks or butt splice and heat shrink large conduct s. 2. New VFD programming, start-up and commiss' ning fees. 3. Engineering services, stamps or plans. 4. Furnishing or installing wiring and equip ent for Fire Alarm, Phone, VOIP, POS, CATV, Data, Fiber Optic, CCT , Security, Access control, SCADA, Audio, and Video systems. 5. Allowances. ��- 6. Electrical System coordinatio and/or Arc Flash investigation, studies, calculations or reports. 7. Access panels for electri 1 equipment. 8. Cutting, painting, pen rations, backing or repair & patching of concrete, asphalt, walls, ceili , roof or floors for electrical conduit & equipment. 9. Asbestos or hazar ous material abatement. KING ELECTRICAL CONTRACTORS Scope Sheet Lift Station 2 400 KW Generator Rep een Inclusions 1. Disconnect and remove existing 4100 diesel generator. 2. Install and connect new 400 KW di el generator furnished by owner. 3. Load and transport new 400 KW enerator from the Noland WWTP to Lift Station 2. 4. Load and transport old 400 generator from Lift Station 2 to the Noland W WTP. 5. Electrician present for rt-up and commissioning. 6. Crane rental. 7. Transport truck an trailer. Exclusions 1. Any work o existing automatic transfer switch. 2. Remov of diesel for existing generator. 3. Furni ing diesel for new generator. 4. Ne generator and automatic transfer switch programming, start-up and co missioning fees. 5. epulling existing wire. To lengthen we will mark, cut and install on terminal blocks or butt splice and heat shrink large conductors. Unloading new generator when delivered. 5 7. Owner is responsible that existing battery arger and block heater circuits are adequate for new generator. 8. Owner is responsible that new genera r will fit in existing location for conduit entry, required safe clearan s and maintenance door opening clearance. 9. Engineering services, stamps or Tans. 10. Furnishing or installing wirin and equipment for Fire Alarm, Phone, VOIP, POS, CATV, Data, Fiber O ic, CCTV, Security, Access control, SCADA, Audio, and Video systems. 11. Allowances. 12. Electrical System coor ' ation and/or Arc Flash investigation, studies, calculations or reports 13. Access panels for ielo trical equipment. 14. Cutting, painting, netrations, backing or repair & patching of concrete, asphalt, walls, cei ng, roof or floors for electrical conduit & equipment. 15. Asbestos or haz dous material abatement. 16. Landscaping o repair due to Division 26 work. on City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Plant Pumps and Equipment - WWTP project for the replacement of four damaged electrial junction boxes and the repair of electrical conduit for the biological treatment units at the Westside WWTP. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to this project to cover the cost of this item. The budgeted funds being transferred are for sewer rehabilitation/replacement and maintenance. COUNCIL DATE: LEGISTAR FILE ID#: 8/6/2019 2019-0422 L i1k H utcY� 7/W2019 10:31 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.730.5800-5414.00 20,528 - 02069 1 EX Plant Equipment Maintenance 5400.720.5700-5815.00 (20,528) - 02017 1 EX Sewer Improvements H:\Budget Adjustments\2019_Budget\City Council\08-06-2019\2019-0422 BA Fleming Electric, Inc. 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0436 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 3 JACK TYLER ENGINEERING, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A PUMP FOR THE SOLIDS HANDLING ODOR CONTROL SYSTEM AT THE PAUL R. NOLAND WASTEWATER TREATMENT FACILITY FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $10,900.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, 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 accepts a quote in the amount of $10,900.00 plus applicable taxes and freight chargers from Jack Tyler Engineering, Inc. for the purchase of a centrifugal sump pump for the solids handling odor control system at the Paul R. Noland Wastewater Treatment Facility. 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. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0436 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/11/2019 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends the replacement of a centrifugal pump for the Solids Handling Odor Control system at the Paul R. Noland Wastewater Treatment Facility from Jack Tyler Engineering, Inc. in the amount of $10,900.00 plus applicable freight and taxes, and approval of a budget adjustment. Budget Impact: 5400.730.5800-5801.00 Water and Sewer Account Number 02069.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Fund Plant Pumps and Equipment - WWTP Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,081,246.00 $ 1,081,243.25 2.75 $ 12,621.25 $ 12,622.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Freight is estimated at $600.00 and taxes are estimated at $1,121.25 for a total of $12,621.25. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee Tim Nyander, Utilities Director FROM: Greg Weeks, Wastewater Treatment DATE: July 11, 2019 CITY COUNCIL MEMO SUBJECT: Centrifugal Pump Replacement for Noland astewater Treatment Facility RECOMMENDATION: Staff recommends the replacement of a vertical -mount centrifugal pump for the Solids Handling Odor Control system at the Paul R. Noland Wastewater Treatment Facility from Jack Tyler Engineering, Inc. in the amount of $10,900.00 plus applicable freight and taxes, and approval of a budget adjustment. BAC GROUND: The Noland Treatment Facility utilizes two odor control systems, one at the facilities Influent Headworks building (OSC-1) and the second at the Solids Handling building (OSC-2) where WAS or wasted biosolids are belt -press dewatered and loaded into the semi -trucks for transport to the Biosolids Management Site. The odor control systems operate as three -stage chemical scrubbers where dilute solutions of caustic (NaOH) and bleach (NaOCI) remove odorous gases, primarily hydrogen sulfide (H2S), from the building's exchange air. Large air-intake units generate several interior air -exchanges per hour where the building's exhaust air passes through the odor control units. Replacement of the failed chemical recirculation pump will ensure the functionality of odor removal from Noland's biosolids-handling process as needed. DISCUSSION: Recent inspection of a failed Stage 2/3 recirculation pump found the degree of wear -damage to internal components extensive enough that complete replacement of all components is necessary. Vanton quotes comparing cost of an overhaul rebuild kit (parts only) to the cost of a new pump show a percent difference of only 20%. Especially when accounting for the additional labor costs associated with rebuilding the old pump, and the value of a standard warranty acquired with a new pump purchase, staff believes that a new pump purchase is the best choice. Jack Tyler Engineering out of Little Rock, AR recently submitted a low bid of $10,900.00 for a new Vanton-brand Stage 2/3, vertical -mount centrifugal pump for the facility's Solids Handling Building OSC-2 system. Jack Tyler Engineering is the only regionally authorized supplier for Vanton-brand equipment. Vanton Pump & Equipment Corp. out of Hillside, New Jersey submitted the next highest price quote, while R.C. Beach & Associates, Inc. submitted a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 no bid response as they are located outside the Arkansas sales region for Vanton products. Freight is estimated at $600.00 and taxes are estimated at $1,121.25 for a total of $12,621.25. BUDGET STAFF IMPACT: Budgeted funds will be moved from the Sanitary Sewer Rehabilitation account to the Plant Pumps and Equipment account to cover the replacement costs for the centrifugal pump at the Noland WWTP. Funds being moved are budgeted funds for sewer rehabilitation/replacement and maintenance. Attachments: Three Quotes Budget Adjustment JACK TYLER ENGINEERING, INC. 6112 Patterson Road Little Rock, AR 72209 Office: (501) 562-2296 FAX: (501) 562-4273 Email: scott@jteng.com Jacobs Jeremy LaCoe 7/11/2019 Subject: Vanton Pump Mr. LaCoe, Thank you for allowing me to quote you the Vanton pump. We greatly appreciate the opportunity to earn your business. Included on the next pages are our detailed quote. Please let me know if you have any questions or need any additional information. Sincerely, LJ� Scott Jones Senior Sales Representative Jack Tyler Engineering, Inc 6112 Patterson Rd Little Rock, AR 72209 Cell: 479-806-8970 Off.• 501-562-2296 JACK TYLER ENGINEERING, INCORPORATED a 6112 Patterson Avenue, Little Rock, Arkansas 72209 �corpet��� 501-562-2296 * Fax - 501-562-4273 * Toll Free - 800-562-2296 QUOTATION QUOTATION NUMBER: 62019GWB QUOTATION DATE: 7/11/2019 PAGE: 1 OF 2 INQUIRY DATE: YOUR INQUIRY NO.: TO: Jacobs COPIES: Greg W. Cory G. Stephen E. ATTN: Jeremy LaCoe PHONE: FAX: Email: 1x) Vanton Sump -Gard® vertical centrifugal sump pump Model SGA-PY4x3x10-SP, with all fluid contact parts of homogeneous non-metallic materials, dynamically balanced, keyed, closed impeller, stainless steel shaft completely sleeved with polypropylene. Material of Construction ........Polypropylene Impeller Dia ......................... 9.25" Discharge ...........................3" Flanged "X" Dimension ......................24" "Y" Dimension ......................21" Coverplate ...........................24" x 30" x 11/4" Strainer Basket .....................Included Wet Shaft Bearings...............Vanite outer vs. ceramic inner Wet Bearing Lubrication ........ Product Flush Coupling Guard ....................Included *MOTOR AND COUPLING NOT INCLUDED* Price For Above.............................................................................................................$10,900.00 EA. FOB: Factory - NO FREIGHT ALLOWED ESTIMATED FREIGHT: $600.00 Delivery: 4-5 Weeks, ARO Thank you for the opportunity to quote on your requirements. If you have any questions, please do not hesitate to contact us at 501-562-2296. Very truly yours, JACK TYLER ENGINEERING, INC. f Scott Jones I Senior Sales Representative WE ARE SERIOUS ABOUT SERVICE! New Enav, 1) co JACK TYLER ENGINEERING, INCORPORATED a 6112 Patterson Avenue, Little Rock, Arkansas 72209 :Vorpovati� 501-562-2296 * Fax - 501-562-4273 - Toll Free - 800-562-2296 QUOTATION QUOTATION NUMBER: 62019GWB QUOTATION DATE: 7/11/2019 PAGE: 2 OF 2 INQUIRY DATE: YOUR INQUIRY NO.: TO: Jacobs Should this offer be acceptable, please sign below and fax to: 501-562-4273 Signature Purchase Order Number: Date: WE ARE SERIOUS ABOUT SERVICE! �A`er co JACK TYLER ENGINEERING, INCORPORATED 6112 PATTERSON AVENUE, LITTLE ROCK, ARKANSAS 72209 a (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 7CorRorar STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16% on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your orderwith complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORAS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 06/27/17 ANION January 9, 2019 Quote No. S-21120-TR Jacobs Fayetteville, AR Attention: Troy Ashby Tel No.: 479-443-3292 Subject: Request for Quotation; Pump ODC-RP-202 Dear Troy: Per your request, we are pleased to quote our Sump -Gard® Model SGA-PY4x3x10-SP, based on an existing unit, Serial No. S-28105 built in 2011. This unit is rated for 600 GPM against a 40 ft TDH. THE PIIMP Vanton Sump -Gard® vertical centrifugal sump pump Model SGA-PY4x3x10-SP, with all fluid contact parts of homogeneous non-metallic materials, dynamically balanced, keyed, closed impeller, stainless steel shaft completely sleeved with polypropylene. Material of Construction Impeller Dia. Discharge "X" Dimension "Y" Dimension Coverplate Strainer Basket Lubrication Wet Bearings Coupling Guard Polypropylene Special SG-2400; 9.25" 3" Flanged 24" 21" 24" x 30" x 1'/4" Included Product Flush Vanite outer vs. ceramic inner Included Unit Price (Pump -end only) ................$ 11,250.00 Ea. Motor & coupling not included VANTON PUMP & EQUIPMENT CORP. 201 Sweetland Avenue Hillside, N J 07205-1793 Tel:908-688-4216 Fax:908-686-9314 http://www.vanton.com e-mail: mkt@vanton.com Jacobs Pg 2 January 9, 2019 Quote S-21120-TR Notes and/or Exceptions ■ Our quotation is limited to items specified. ■ Vanton will not be responsible for piping, accessories, field wiring and/or installation. We hope this offer meets with your approval. If you have any questions or require further assistance, please do not hesitate to contact us at your convenience. Regards, VANTON PUMP & EQUIPMENT CORP. Thomas Riveley F. O. B.: Hillside, NJ, freight not included; Terms: 1 % 10 Days, Net 30 (subject to credit approval), Visa, MasterCard & American Express cards accepted. Shipment: 2 to 3 weeks ARO. Vanton does have expedited service available to meet more urgent requirements. Please contact the factory for additional information regarding rush deliveries. C:\Users\Tom\Documents\quotes\Quotes 2019\S-21120-Jacobs.doc From: amps@rcbeach.com To: Hickle, Jeff/FAY Subject: RE: [EXTERNAL] RE: Vanton Pump Quote Request Date: Thursday, June 13, 2019 10:23:47 AM Yes, that is correct. Thank You, Wendy AMPSC@rcbeach.com R.C. Beach & Assoc., Inc. 539 San Christopher Drive Dunedin Florida 34698 Office 727-736-3696 Fax 727-733-2647 From: Hickle, Jeff/FAY <Jeff.Hickle@jacobs.com> Sent: Thursday, June 13, 2019 10:58 AM To: amps@rcbeach.com Cc: 'Ken Comerford' <kcomerford@vanton.com> Subject: RE: [EXTERNAL] RE: Vanton Pump Quote Request Good morning Wendy, Thanks for the reply back on the Vanton pump inquiry. Is my understanding correct that Arkansas falls outside of RC Beach & Associates supply region for Vanton products? Best Regards Jeff Hickle Environmental Projects Specialist D 479 443 3292 M 479 445 5676 CH21V! is now Jacobs. 1400 N Fox Hunter Road Fayetteville, AR 72701 www.eacobs.com I Link In I Twitter I Facebook I Instagram From: ampsCcDrcbeach.com <amps(@rcbeach.com> Sent: Thursday, June 13, 2019 9:54 AM To: Hickle, Jeff/FAY <Jeff.Hickle(@iacobs.com> Cc: 'Ken Comerford' <kcomerfordPyanton.com> Subject: [EXTERNAL] RE: Vanton Pump Quote Request Jeff, I did receive this previously and sent it to Vanton. We are the manufactures rep for Florida. I will copy this to Vanton again and follow up that they receive it. Thank You, Wendy AMPS@rcbeach.com R.C. Beach & Assoc., Inc. 539 San Christopher Drive Dunedin Florida 34698 Office 727-736-3696 Fax 727-733-2647 From: Hickle, Jeff/FAY <Jeff.Hickle(@iacobs.com> Sent: Thursday, June 13, 2019 10:41 AM To: info(@rcbeach.com Subject: RE: Vanton Pump Quote Request Good morning, I wanted to follow up on this earlier request on pricing for a Vanton Sump -Gard pump. Thankyou Jeff From: Hickle, Jeff/FAY Sent: Friday, June 07, 2019 4:34 PM To: info(cDrcbeach.com Subject: Vanton Pump Quote Request Good afternoon, My name is Jeff Hickle and I work with Jacobs Engineering out of Fayetteville, AR. I am interested in pricing and availability of a Vanton-model vertical centrifugal pump described below. Vanton Sump -Gard® vertical centrifugal sump pump Model SGA-PY4x3x10-SP, with all fluid contact parts of homogeneous non-metallic materials, dynamically balanced, keyed, closed impeller, stainless steel shaft completely sleeved with polypropylene. Material of Construction Polypropylene Impeller Dia. Special SG-2400; 9.25" Discharge 3" Flanged "X" Dimension 24" "Y" Dimension 21" Coverplate 24" x 30" x 1114" Strainer Basket Included Lubrication Product Flush Wet Bearings Vanite outer vs. ceramic inner Coupling Guard Included Assuming this model of pump is available through R.C. Beach & Associates, thank you for a quote for this style unit. Best Regards Jeff Hickle Environmental Projects Specialist D 479 443 3292 M 479 445 5676 CH2M is now Jacobs. 1400 N Fox Hunter Road Fayetteville, AR 72701 www.'acobs.com I Linkedln I Twitter I Facebook I Instagram NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Plant Pumps and Equipment - WWTP project for the replacement of the centrifugal pump at Noland WWTP. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to this project to cover the cost of this item. The budgeted funds being transferred are for sewer rehabilitation/replacement and maintenance. COUNCIL DATE: LEGISTAR FILE ID#: 8/6/2019 2019-0436 HoRy 3lac� 7/12/2019 11:16 AM Budget Director Date TYPE: JOURNAL #: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.730.5800-5801.00 12,622 - 02069 1 EX Fixed Assets 5400.720.5700-5815.00 (12,622) - 02017 1 EX Sewer Improvements H:\Budget Adjustments\2019_Budget\City Council\08-06-2019\2019-0436 BA Jack Tyler Eng - pump WWTP 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0387 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 4 NABHOLZ INDUSTRIAL SERVICES: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $9,423.36 PLUS APPLICABLE TAXES FROM NABHOLZ INDUSTRIAL SERVICES FOR THE INSTALLATION OF A FILL AUGER AND SCRUBBER -CONDENSER FOR THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,500.00, 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 accepts a quote in the amount of $9,423.36 plus applicable taxes from Nabholz Industrial Services for the installation of a fill auger and scrubber -condenser for the thermal dryer at the Biosolids Management Site, and further approves a project contingency in the amount of $1,500.00. 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. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0387 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2019 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the installation of fill auger and scrubber -condenser assemblies for the thermal dryer at the Biosolids Management Site by Nabholz Industrial Services in the amount of $9,423.36 plus applicable taxes, approval of a contingency in the amount of $1,500.00, and approval of a budget adjustment. 5400.730.5800-5414.00 Account Number 02069.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Water and Sewer Fund Plant Pumps and Equipment - WWTP Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 1,030,394.43 $ 1,030,394.43 $ 11, 842.14 $ 11, 843.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Taxes are estimated at $918.78 for a total of $11,842.14 (including the $1,500 contingency). CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director FROM: Greg Weeks, Wastewater Treatment DATE: July 17, 2019 CITY COUNCIL MEMO SUBJECT: Fill Auger and Scrubber -Condenser Installation on the Thermal Dryer System at the Biosolids Management Site RECOMMENDATION: Staff recommends approval of the installation of fill auger and scrubber -condenser assemblies for the thermal dryer at the Biosolids Management Site by Nabholz Industrial Services in the amount of $9,423.36 plus applicable taxes, approval of a contingency in the amount of $1,500.00, and approval of a budget adjustment. BAC GROUND: The Biosolids Management Site utilizes a 24-cubic yard Fenton CM 7212 Thermal Dryer system to convert wet biosolids to a Class -A fertilizer. The thermal dryer produces approximately 15- 25,000 Ibs of Class -A, Exceptional Quality fertilizer per day of operation, and achieves more than an 85% weight reduction of biosolids produced from the Noland and West Side treatment facilities. The nearly full-time biosolids dryer operation saves the city approximately $100,000 in diverted landfill fees per month, as well as allowing for beneficial reuse of the biosolids material. The thermal dryer has been in operation for 6.5 years and several critical components are reaching their life expectancy. DISCUSSION: In January and June of this year City Council approved replacement (Jan.) and installation (Jun.) of several critical thermal dryer parts. Additionally, in April, City Council approved a resolution for replacement of the dryer's Fill Auger and Exhaust Scrubber -Condenser assemblies. At that time A.I.T. Services Inc. was selected as the supply -vendor of these replacement assemblies as they are the sole -source service and parts provider for Fenton Drying systems. Although the Fill Auger and Scrubber -Condenser assemblies are comparatively large system components, the installation of these components are relatively straightforward and achievable by local industrial service providers. Nabholz Industrial Services submitted a low bid of $9,423.36 while higher bid proposals were submitted by Crossland Heavy and Multi -Craft Contractors. Staff recommends completion of the $9,423.36 in component installations. Staff also requests a contingency in the amount of $1,500.00 which will allow for additional Nabholz labor resulting from site -specific, unforeseen circumstances during the installations. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET STAFF IMPACT: Budgeted funds will be moved from the Sanitary Sewer Rehabilitation account to the Plant Pumps and Equipment account to cover the installation costs of the fill auger and scrubber - condenser assemblies. Funds being moved are budgeted funds for sewer rehabilitation/replacement and maintenance. Attachments: Three Quotes Budget Adjustment Quote Number: 3449-6467 Revision: 3 Proposal For: City of Fayetteville Jacobs Engineering (Jerry Genz) 1400 N. Fox Hunter Rd Fatetteville, Arkansas, United States 72701 Phone: 1 479-444-0717 E-mail: jeny.genz@jacobs.com Project Information: Project Title: Biosolids Management site upgrade Location: Fayetteville Ar Proposal Number: 3449-6467 Revision: 3 Proposal Date: 06/14/2019 Nabholz Industrial Services is pleased to submit this Proposal/Agreement for the above referenced project. This proposal is good for 30 days. Should this proposal be acceptable, please sign, date and fax (or return) a copy to Nabholz Industrial Services at the address indicated below. Thank you for this opportunity to be of service. DESCRIPTION OF WORK: We thank you for the opportunity to provide you with this quote and we look forward to working with you in the future. If you have any questions, please do not hesitate to contact me. We have included in this pricing the mobilization of crew and equipment to and fiom your job site location. 1. Nabholz Industrial Services will remove exsisting Scrubber Condenser and set one new Scrubber Condenser. We will do the following modifications to the Scrubber Condenser Weld a SS venhui into the first chamber of the tank Replace all the 1" water pipe, hoses, and ball valves that come off the main manifold on the old Scrubber and install on the new Scrubber Remove two thermo couples from old unit and install in the new unit Remove old auger assembly and trough and replace with a new auger assembly and trough Clarifications for the scope of work in this proposal are as follows: 1. Owner will provide the Nabholz Craftsmen a safe environment to work by clearing away all non -essential employees and production activities in our work area. 2. Delays caused by the owner or agents of the owner are to be billed as additional to this pricing. 3. All work performed outside the scope of this proposal will be billed at our normal time and material rates. 4. Nabholz will not be responsible for concrete, asphalt and/or any other finished surface damage resulting fiom the movement of our equipment across the floor. 5. Nabholz maintains a standard "On Hook" insurance coverage for rigging of $1 M. Any one component or item that has value . in excess of $ 1 M must be notified to Nabholz, in writing prior to the lift and an insurance rider cost will be added as additional cost to this pricing. 3301 N 2nd Street Rogers, AR 72756 � Phone: 479-659-7950 � Fax: 479-631-0259 � www.nabholz.com Page 1 The information contained in this communication is confidential, is intended only for the use of the recipient named above, and may be legally privileged or contain trade secret or proprietary information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please reply to the sender and delete the original message or any copy of it. AGREEMENT TERMS &CONDITIONS: Contract Documents: this Agreement, together with the Proposal, shall constitute the Contract Documents and shall govern the rights of the parties hereto. In the event of any inconsistencies this Agreement shalt control. Scope of the Work: shall be per the Contract Documents and shall constitute the "Work". (b)Nabholz(/b) Industrial Services shall use its best care, skill and diligence in supervising and directing the Work; and have responsibility and control over the performance of the Work, including construction methods, techniques, manner, and sequences for coordinating and completing the various portions of the Work. Owner expressly warrants that any plans, drawings and specifications furnished by Owner are true, correct, and complete; and Nabholz Industrial Services is entitled to rely upon the adequacy, accuracy, and completeness of such documents. Nabholz Industrial Services will not be responsible for consequential damages of any type under any circumstances. Unless otherwise noted in the Proposal, Nabholz Industrial Services excludes performance and payment bonds; rock excavation; asbestos or any other hazardous material removal, disposal, or encapsulation; services of licensed professionals such as attorneys, architects, or engineers; costs for after hour work, shift work, or weekend work. Important Notice to Owner: I understand that each person supplying material or fixtures is entitled to a lien against property if not paid in full for materials used to improve the property even though the full contract price may have been paid to the contractor. I realize that this lien can be enforced by the sale of the property if necessary. I am also aware that payment may be withheld to the contractor in the amount of the cost of any materials or labor not paid for. I know that it is advisable to, and I may, require the contractor to furnish to me a true and correct full list of all suppliers under the contract, and I may check with them to determine if all materials furnished for the property have been paid for. I may also require the contractor to present lien waivers by all suppliers, stating that they have been paid in full for supplies provided under the contract, before I pay the contractor in full. If a supplier has not been paid, I may pay the supplier and contractor with a check made payable to them jointly. Payment Terms: Owner agrees to pay Nabholz Industrial Services for the performance of the Work, subject to modification by written change orders signed by both parties. Payments shall have no retainage withheld on invoices submitted by Nabholz Industrial Services with payments due in full no later than 30 days from the invoice date. Payments due and unpaid invoices shall bear interest at the maximum lawful rate. Some invoices may be submitted for less than the full and final contracted amount and based on work progress. Final payment shall be due in full, when the Work is completed and final invoice is submitted. Insurance: Nabholz Industrial Services shall maintain insurance for Workers' Compensation, Employer's Liability, Comprehensive Automobile Liability, Comprehensive or Commercial General Liability on an occurrence basis. Government Funded work: "Client acknowledges that it is the responsibility of the Client to notify Nabholz if this project is funded by federal or state funding prior to Nabholz pricing the project and beginning work. In the event Client fails to so notify Nabholz, Client shall indemnify and hold harmless Nabholz from any costs, fees, expenses, or damages brought by any governmental agency or third party for failure to comply with any law or regulation governing the terms and conditions of the work." Disputes: ' , 11tiles of the . A Oneriett" AAitrtttiett Asseeiation). Disputes shai! be deeided by arbifratiatt itt tteeordattee with the Ganskruetion indestry Arbitration Rules afth Termination: Owner and Nabholz Industrial Services may terminate this Agreement only in the event of a material breach and only after providing written notice by letter delivered to the address stated herein and only after more than ten days has elapsed after such written notice without attempts to cure the default. Exclusion of Warranties: Nabholz Industrial Services makes no warranties, either express or implied. The implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE are hereby disclaimed. Miscellaneous: this Agreement is severable, and any part deemed unenforceable shall not render the remaining parts unenforceable. All covenants of the Agreement shall be subject to all federal and state laws, executive orders, rules, or regulations, and this Agreement shall not be terminated, in whole or in part, nor the parties held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of any such law, order, rule, or regulation or acts of God. All implied covenants are waived. This Agreement is intended to be the final expression of the parties, and there are no other written or oral agreements relating to the subject thereof. This Agreement may only be amended by a further written agreement signed by both parties. This Proposal/Agreement, when signed by both parties, constitutes the entire agreement and contract between the parties for the performance of the Work described in this Proposal. Faxes of signed Proposal/Agreements are acceptable. . The undersigned hereby accepts Nabholz's bid and authorizes it to carry out the work on the terms and specifications set out herein. AUTHORIZED ACCEPTANCE Date: P.O.#: Authorized by (Print Name). Signature: *Signature acknowledges acceptance of all applicable terms and conditions attached 3301 N 2nd Street Rogers, AR 72756 � Phone: 479-659-7950 (Fax: 479-631-0259 � www.nabholz.com Page 3 Ttre information contained in this communication is confidential, is intended only for the use of the recipient named above, and may be legally privileged or contain trade secret or proprietary information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error•, please reply to the sender and delete the original message or any copy of it4 Quote R'umber: 34-19-6467 Rer islow 3 6. Nabholz will not be responsible for floor damage resulting from floor or sub floor failure that is not adequate to support the machinery and the equipment moving the machinery. 7. Nabholz has excluded electrical work from this pricing estimate but can make that option available as part of our services upon request. 8. Work Hours: This pricing is based on working 10 hours per day, 5 days per week, Monday thru Friday, 7:00am to 5:30pm. No holidays or weekends are included. NOTICE TO PROCEED: Upon receipt of your written acceptance of this proposal either by purchase order referencing this proposal number or your approval below, up to 10 working days shall be required as lead time prior to the project start date. This notice excludes delays due to circumstances beyond the control of Nabholz Industrial Services, such as weather and access to work areas. TOTAL PRICE for this wor $9,423.36 Respectfully Submitted: Avj Andy AndersonAmlscio6..,lage 61? E-mail: andy.anderson@nabholz.c 7 Cell: 417-342-2817 3301 N 2nd Sheet Rogers, AR 72756 � Phone; 479-659-7950 � Fax: 479-631-0259 � w��nv.nabholz.com Page 2 The information contained in this communication is confidential, is intended only for the use of the recipient named above, and may be legally privileged or contain trade secret or proprietary information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this commuuicat�on is strictly prohibited. If you have received this communication in error, please reply to the sender and delete the original message or any copy of i t. March 14, 2019 Jerry Genz City of Fayetteville 16464 E Wyman Rd Fayetteville, AR 72701 Subject: Removal and install of equipment Mr. Genz: CROSSLAND HUU'Y CONTRACTORS 1800 S. 52nd St. • Ste. 410 Rogers, AR 72758 tel 479.464.7077 fax 479.464.7050 Crossland Heavy Contractors is pleased to provide the following proposal for the removal and installation of equipment and auger at the Biosolids Management Facility Our scope of work and pricing is below: • Scope of Work: o Disconnect all electrical wiring, water header and ductwork from tank. o Remove existing tank and install the new tank. (tank provided by owner) o Reconnect all electrical, water header and ductwork to the new tank. o Provide new ball valves, piping, hose adaptors and hoses on the existing water header. o Install new auger on sludge dryer. (auger provided by owner) o Replace chute on incline auger. (chute provided by owner) Proposal Total Price: $28,150.00 Exclusions: • Painting • Replacement of bearings • Hauling off old equipment • Municipal Permits • Loading/Unloading the equipment Please feel free to contact me if you have any questions or concerns. Sincerely, Derek Salmonson Project Manager 479-877-5059 www.heavycontractors.com March 28, 2019 City of Fayetteville MCC MULTI -CRAFT CONTRACT From Concept to Coin QC0328191254 Project: Thermal Drier Equipment Modifications. Wyman Rd Plant Multi -Craft Contractors, Inc. hereby submits our bid on the above referenced project, based on the plans and specifications provided. Scope of Work: • Demo/ Remove existing hopper. • Disconnect existing utilities and cat walk around hopper. • Set in place/ install new hopper provided by others. • Reconnect existing utilities and cat walk to new hopper. • Demo/ remove existing auger on top of thermal drier. • Set in place/ install new auger provide by others on top of thermal drier. • Demo/ remove auger chute on north side of the thermal drier. • Install new chute around auger on north side of thermal drier. • Equipment rental included. • All taxes on material included in price. • Price is based on a 10 day work period. Including 2 weekends and one week, working 10 hour days. Price: $31,900.00 Exclusions: • Hopper • Auger • Auger Chute • Electrical • Haul off of demolished equipment/ material. This price is based upon all work being performed during normal daytime business hours. Above stated price is valid for thirty (30) days. We appreciate this opportunity to be of service to you. If you have any questions, please contact us. Sincerely, Vaged � Daniel Kelly Divisional Manager Multi -Craft Contractors, Inc. Ph: 479-200-7781 email: dwk@multi-craft.net Notice to Proceed Please provide written acceptance of this proposal via approval signature below, or purchase order referencing the proposal number herein. Payment Terms Purchaser agrees to pay Multi -Craft Contractors, Inc. for the performance of the work as set forth herein, subject to revision via written change orders signed by both parties. Credit card payments will be subject to added 3% convenience fee. Final payments due in full no later than 30 days from invoice date. Payments due and invoices unpaid shall bear interest at the maximum lawful rate. Terms as follows: Balance due net 30 days Warranty and Exclusions Multi -Craft Contractors, Inc. warrants to Purchaser that materials and equipment furnished described within this quote will be of good quality and new unless otherwise required or permitted; that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of this quoted project. Components not manufactured but furnished by Multi -Craft Contractors, Inc. as part of its equipment (i.e. motors, starters, thermostats, controls, etc.) will be warranted by Multi -Craft Contractors, Inc. only to the extent of the component manufacturer's warranty scope and period, or for a period of one year from the date of commissioning, whichever term expires first. Multi -Craft Contractors, Inc.'s warranty excludes remedy for damage or defect caused by abuse or modifications by any other party, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Multi -Craft Contractors, Inc. shall not be liable to the Purchaser or its customers for incidental or consequential damages whether in contract, tort, negligence, or strict liability, including but not limited to, loss of profits or revenues, loss of use of the equipment or any associated equipment, cost of substitute equipment, downtime costs, increase in cost of operation, loss of product or materials, or any other special or consequential loss or damages. WARRANTY PERIOD UNDER THE PROVISIONS MADE HEREIN IS ONE YEAR FROM THE DATE OF COMMISSIONING UNLESS OTHERWISE NOTED, AND VALID ONLY IN THE CONTIGUOUS UNITED STATES Disputes Disputes arising out of or in relation to this document which cannot be resolved first through direct discussion between parties involved, shall be decided by arbitration at the location of the project or Multi -Craft Contractors Inc.'s office at Multi -Craft Contractors Inc.'s discretion, and shall be governed by Arkansas law. This agreement is severable, and any part deemed unenforceable shall not render the remaining parts unenforceable. Authorized Purchaser & Title Acceptance Date Purchase Order Number Page 2 of 2 Initials City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Plant Pumps and Equipment - WWTP project for the installation of a fill auger and condenser assembly for the thermal drying unit at the Biosolids Management Site. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to this project to cover the cost of this item. The budgeted funds being transferred are for sewer rehabilitation/replacement and maintenance. COUNCIL DATE: LEGISTAR FILE ID#: 8/6/2019 2019-0387 L (nor H utdw*w 7/1V2019 7:36 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.730.5800-5414.00 11,843 - 02069 1 EX Plant Equipment Maintenance 5400.720.5700-5815.00 (11,843) - 02017 1 EX Sewer Improvements H:\Budget Adjustments\2019_Budget\City Council\08-06-2019\2019-0387 BA Nabholz Industrial Services 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0442 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 5 BID #19-36 AVO MULTI -AMP CORPORATION DB/A MEGGER: A RESOLUTION TO AWARD BID #19-36 AND AUTHORIZE THE PURCHASE OF WATER LEAK DETECTION EQUIPMENT FROM AVO MULTI -AMP CORPORATION DB/A MEGGER GROUP IN THE AMOUNT OF $60,990.00 FOR USE BY THE WATER AND SEWER OPERATIONS DIVISION 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 Bid # 19-36 and authorizes the purchase of water leak detection equipment from AVO Multi -amp Corporation d/b/a Megger Group, in the amount of $60,990.00 for use by the Water and Sewer Operations Division. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0442 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2019 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #19-36 to authorize the purchase of water leak detection equipment from Avo Multi -amp Corporation d/b/a Megger in the amount of $60,990.00. Budget Impact: 5400.720.1840-5801.00 Water and Sewer Account Number Fund 13019.1 Water/Sewer Equipment Expansions Project Number Project Title Budgeted Item? Yes Current Budget $ 731,758.00 Funds Obligated $ - Current Balance 731,758.00 Does item have a cost? Yes Item Cost $ 60,990.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 670,768.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: July 17, 2019 SUBJECT: Bid 19-36, ater Leak Detection E uipment CITY COUNCIL MEMO RECOMMENDATION: Staff recommends awarding Bid #19-36 to authorize the purchase of water leak detection equipment from Avo Multi -amp Corporation d/b/a Megger in the amount of $60,990.00. BAC GROUND: Fayetteville's topography creates a wide range of water pressures for the water distribution system in order to get water to all areas of town. The high pressures sometimes cause water leaks that need to be located quickly. The Utility received approval in 2018 to create two Leak Detection Technician positions, to hire two additional employees starting in FY2019, and to provide the needed equipment to perform leak detection. This will allow a dedicated crew to find water leaks in the distribution system using the proposed water leak detection equipment. This will cut down on non -revenue water loss and will also reduce the number of water line breaks. DISCUSSION: The City requested formal bids for water leak detection equipment, and Avo Multi -amp Corporation d/b/a Megger provided the lowest qualified bid for the equipment. Megger's product line, called SebaKMT, contains all of the required equipment to locate water leaks in the distribution system. This equipment includes ground microphones, correlators and noise loggers. The correlator locates leaks in water pipes. Pressurized water at the leak location creates a noise which travels out in all directions of the pipe. This noise is recorded, amplified and sent wirelessly to the correlator by two sensors (piezo microphone, hydrophone) which are attached to the pipe (e.g. valve, hydrants). The correlator compares both signals and calculates the exact distance to the leakage on the basis of the delay time of the signals, the sensor distance and the sound velocity in the pipe. The proposed equipment package from Megger includes 36 acoustic loggers that can be placed in different regions of the system for after hours leak detection (when interference noise is at the lowest). The Leak Detection Technicians and related equipment were discussed at the February 12, 2019 Water, Sewer and Solid Waste Committee Meeting, and at that time the equipment was estimated at $100,000. The firm cost of the detection equipment and vehicles are $109,000. The employees will be hired after the equipment is approved and received. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The need for leak detection activities were again discussed during the presentation of a Water Audit and Water Loss Control Plan, given by the Black & Veatch Engineering Firm on May 14, 2019. Additionally, this purchase will be presented to the Committee at its special meeting on July 30, 2019. Staff recommends awarding Bid #19-36 and authorizing the purchase of SebaKMT water leak detection equipment from Megger in the amount of $60,990.00 for use by the Water Department. BUDGET STAFF IMPACT: Funds are available in the Water/Sewer Equipment Expansions account. Attachments: Bid Tabulation Submittal Aft CITY OF FAYETTEVILLE ARKANS ARKANAS Date of Advertisement 6/03/2019 Date of Issue 6/03/2019 Water Leak Detection Equipment Official Bid Tabulation Lioneld Jordan, Mayor Bid No. 19-36 Date: 06.20-2019 Time: 2-00 PM Matchpoint Water Asset Management Gutermann, Inc. Megger /SebaKMT Item Description Lach Price Each Extended Price Price Each I Extended Price Price Each Extended Price 1 Ground Mic 2 $6,250.00 $12,500.00 $ 3,850.00 $ 7,700,00 $ 4,995.00 $ 9,990.00 Manufacturer Primaver Gutermann SebaKMT Model GXG 194/GXG 784/GXG /83 Aquascope 3 HL7000-US-PRO 2 Real Time Correlator 1 $16,000.00 $16,000.00 $ 20,000.00 $ 20,000.00 $ 14,000.00 $ 14,000.00 Manufacturer Primaver Gutermann SebaKMT Model CXG 931/3+ Aquasean 610 C3 std. Non -Real Correlating Logger 8-pod Kit (6 loggers + 2 hydrophones) 1 $22,000.00 $22,000.00 $ 18,000.00 $ 18,000.00 $ 10,000.00 $ 10,000.00 Manufacturer Primaver Gutermann SebaKMT Model JXG 602 001+200 Multiscan Correiatirig Logger set for C3 std. Acoustic Loggers (Lift and Shift Deployment) 36 $19,995.00 $719,820.00 $ 750.00 $ 27,000.00 $ 750.00 $ 27,000.00 Manufacturer Primaver Gutermann SebaKMT Model BXG 020 Zonescan 820 LOGN3 with long antenna Total Base Bid $770,320.00 $72,700.00 Ts 60,990.00 CLRTIx ILO. 1 oren, Purchasing Manager CIRl CPPK / ritness, Les McGaugh *NOTICE _ Hid award is contingent upon vendor meeting minimum specifications and formal authoniation by City officials. zr(ly Date CITY OF W;" FAY E V ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 L E 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 19-36, Water Leak Detection Equipment DEADLINE: Thursday June 20, 2019 before 2:00:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, 1111CgaL1g!1@fayettevilae-ar. DATE OF ISSUE AND ADVERTISEMENT: Monday, June 03, 2019 INVITATION TO BID Bid 19-36, Water Leak Detection Equipment No late bids will be accepted. -Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: AVO—Multiamp. Corp. d/b/a Megger / SebaKMT Contact Person: Volker Brohm E-Mail: volker.brohm@megger.com Business Address: 4271 Bronze way Title: Sales Director water North Iva. Phone: 4087725094 City: Dallas State: Texas —729 Signature: (l�� Date: City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 1 of 19 Zip: 75237 06/18/2019 City of Fayetteville Bid 19-36, Water Leak Detection Equipment Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 19-36, Water Leak Detection Equipment The City is seeking bids from qualified vendors for the purchase of water leak detection equipment, All sealed bids are due by Thursday June 20, 2019 before 2:00:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at hRJ jyetlovilli° ai. L)v_ iiiff4 . All questions should be directed to Les McGaugh, (479)-575-8220, lincgaw . ll teLla etteville ar.l;ov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 ImcgauFf)f�_Fayetteyille-arm v TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 06/03/2019 City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 2 of 19 M City of Fayetteville Bid 19-36, Water Leak Detection Equipment Bid Form Guaranteed Maximum Delivery Tim from PO Receipt: 10 working days F.O.B. 2435 Industrial Dr., Fayetteville, AR 72701 Ground Mic 2 $ 4, 995. 00 $ 9, 990. 00 2 Real Time Correlator 1 $ 14, 000. 00 3 Non -Real Time Correlating 1 $ 10, 000.00 Logger 8-pod Kit (6 loggers + 2 hydrophones) 5 Acoustic Loggers (Lift and Shift Deployment) Please specify for Unit Bid: Item 1—Manufacturer SebaKMT Item 2 — Manufacturer SebaKMT Item 3— Manufacturer SebaKMT Item 4— Manufacturer SebaKMT 36 $750.00 TOTAL BASE BID: $ 14, 000. 00 $ 10,000.00 $27,000.00 e 7,1 non - nn AAnAml HI.7000—US—PRO Model C3 std. Model Logcler sct for C? sCd. ModeILOGN3 with long antenna 0 Bids shall be submitted on this bid form in its entirely AND rlr-companted by descrotive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 3 of 19 3 EXECUTION OF BID - Actual specification of any deficient Item shall be noted on the bid sheet or separate attachment. If specifications of Item bld differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1 He/she has read and agrees to the requirements set forth in this proposal, Including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3 The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. S. Bidder shall comply with all State and federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS X 2.) RELATIONSHIP EXISTS (Please explain): ki ris ( Lorriler pilot rr.: ocr_) .................... - ^� 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12S49 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 4 of 19 0 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Megger / SebaKMT Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name AVO Multiamp. Corp. Ob/a Megger/ SebaKMT_ *BUSINESS ADDRESS: 4271 Bronze Way *CITY: Dallas _ *STATE: TX *ZIP: 75237 *PHONE: 214-330-3213 _ FAX: 214-331-7381 *E-MAIL: dennis . coley@megger. co *BY: (PRINTED NAME) Dennis Cole,., *AUTHORIZED SIGNATURE: �•Pi� *TITLE: CR'-01-r _MI-AJ'A C C4 DUNS NUMBER: L06 6 3-5-se Z _..._......_. CAGE NUMBER: *TAX ID NUMBER: 75-1615916 Acknowledge Addendums: Addendum No. Dated, _ Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: _...._ City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 5 of 19 (12 City of Fayetteville Bid 19-36, Water Leak Detection Equipment General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid,. RFP or RFQNumber shall be on the outside of the AckagIng aswell as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids, Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature, f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office, h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WftITTE�I REQUESTS INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3 DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accer or reject any requested equal. City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 6 of 19 10 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City, b. The City of Fayetteville reserves the right to accept or reject any or all bids, c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e, The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed In connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City", b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided, Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8, LATE PROPOSAL OR MODIFICATIONS - Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids, Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE AND FEDERAL COMPLIANCE RE U REI E S: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 7 of 19 0 and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11, COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following; "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTT —AUDIT, FOIA,_AN_D JURISDICITON; a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A, §2S-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITION'S_ All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement, City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 8 of 19 15. AAA REQQIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479,521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline, Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately, 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing, Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19, ASSIGNMENT,_ SUBCONTRACTING, CORPORATE ACQ 15fTlONS AND/O.R. MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 9 of 19 V2 In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONALtEC[JlREMENTS: The City reserves the right to request additional services relating to this bid from the bidder, When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 10 of 19 �P/ will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONQILI N5- Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall natbe included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) ore -mail (li�7c{_1t1nwillr .� ;�_v). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mailir�p}z}i ayc tlEyiilc or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 11 of 19 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same, If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below a. City Department that ordered the materials or services b. Order Date c, Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 12 of 19 City of Fayetteville Bid 19-36, Water Leak Detection Equipment Technical Specification 1.0 GENERAL: 1.1 All unit(s) bid must meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to ipmi¢m jmi , unless otherwise noted. 1.3 The distributor shall have a US based factory authorized repair and service center with parts available and trained staff for support and repair. 1 4 The distributor provide loaner equipment in the event of a repair within 48 hours, to avoid interruptions to daily schedules and productivity. is The distributor provide, at minimum, lifetime remote support for all purchased products at no additional charge. 1.6 Bidder Shall provide the following training included in pacing: a. X 3 Days initial onsite training with a 2 Day follow up onsite training 6 — 8 months after the initial training (Scheduled with a 30 day notice to vendor) b. X 2 Days annual follow up onsite training with option to renew for 5 years (Scheduled with a 30 day notice to vendor) 2.0 MANUFACTURER / MODEL: 2.1 Unit(s) bid must be new and of the latest standard production model as offered for commercial trade 3.0 GROUND MIC REQUIRMENTS: 3.1 Required System features • Wireless sensor communications to eliminate airborne noises • Dynamic listening control • self-contained LED's • self-contained transport case with built in charging capabilities • Sensor options; listening rod, ground microphone, accelerometer* • Must include at least 2 Processor options • In -case battery charging Sensor specification Sensor type Sensitivity �... . Frequency rep onse City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 13 of 19 Listening Rod Ground Microphone Ceramic piezoelectric Ceramic piezoelectric within windproof rubber housing _ 20V/g_ _ 10 — 5000 Hz ... _.. ............. Wireless PurepathTM (trademark of Texas Instruments) Communications 2.4GIiz (ISM type Operating frequency band) SdBm / Output power 3 1mW nnoiallnu rams - Power Type Nickel Metal Hydride (rechargeable) Operating life >>>10 hours continuous use from full rr _ Environmental Operating temperature -10"C to - Maximum humidity +50°C 90% IP65 Water ineress orotection Dimensions Weight 210x160x48mm 0.1k0wtthout rods 170 x 180mm diameter 1 SSkC. (without ha Processor specification Mlnl Pro requirements _ Operation Listening only Listening + minimum noise display and filter control Filters Hi pass 15, 60, 100, 200, 350, 500 Low pass Hz 600, 100, 1500, 2000, 3500 -5Q Display Type Graphic, 240 x 160 LCD Display or leak noise Minimum noise or log modes Power lype Nickel Metal Hydride (rechargeable) Operating life >_10 hours continuous use from full Environmental Operating temperature -10"C to +50"C Water m ress rotectfon IP65 headbhone cover attached Dimensions 140 x 82 x 32 82. x 121 x 46 mm ..... ..... _..... Weight ...........-- ..._ — —..--j 0.3kg 0,7k 4.0 REAL TIME CORRELATOR REQUIREMENTS • Capable of adaptive filtering and signal reanalysis. • lias the ability to conduct real time and post processed data leak noise processing. • Operated via a touch screen LCD display processor that can also double as an outstation sensor with accelerometer and is capable of operating other leak detection equipment components such as sounding devices or post processed correlating equipment. • has the ability to add adapters such as hydrophones for further investigation possibilities, and has a self-contained transport case with built in charging capabilities. Required Correlator specifications Time delay range I i2500ms City or Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 14 of 19 Maximum distance (theoretical) Distance resolution Signal sampling Signal frequency range Multiple pipe entry Noise suppression function Coherence function Velocity correction function Leak noise post -processing tequlred Handheld specificatlons Display Suitable for use in sunlight ................ GPS position feature Direct signal input Internal Memory Leak noise data storage (internal memory) USB ports Battery operating time Rechargetnne Language availability Protection rating Dimensions Weight Operating temperature 5.0 NON REAL TIME CORRELATOR REQUIREMENTS 5.1 Required Features City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 15 of 19 Iron pipe; 3000 metre PVC pipe;_'f 3fi0 metre -- -- 0.1 metre 16 bit 3Hz — 50001-lz Six materials Yes Yes Yes Via Enigma software Resistive touch screen, 100mm x 132mm Yes Yes Use in place of red or blue transmitter 2 Gbyte >150 correlations 8 hours (with automatic power save in use) 5 hours (temperature dependent) Multiple IP53 205 x 205 x 90mm 1 35kg -10"C to +45"C k, • Multi -point correlation leak location • Digital 24-bit digital technology • Optional operation at night for optimum performance ■ Three sound samples — each one minute ■ Advanced correlation, coherence and filtering • Auto -velocity determination • Pipe software schematic with correlation displays • Needs advanced filtering and coherence functionality for superior noise suppression. • Packaged in a self-contained ruggedlzed high impact plastic programming case that is able to store 8 correlations and capable of programming both correlating noise loggers with and without hydrophone adapters. • Made of aluminum casing that is rated IP 68. • Should come standard with free software upgrades for the life of the product. Logger Specification sensor Type Frequency range Sensitivity Attachment Sampling Rate Resoluti on Memory Communications Power Physical NurTlfSer bi epdcns �pocn duration Max total reoonding time Data store Type Rate Type Replacable Operating Battery life Dimensions Material Waterproof Operating Temp Integral Accelerom eter 10V/g 1- 2400 Hz integral Magnet 4860 Hz 24-bit 1, 2, or 3 60 seconds 180 seconds 32 Mb static RAM Optical 2.5 Mbits/sec Dual lithium cells At factory or service centre >5 years (when standard programming 104mm (high) x 59mm (diameter) Aluminium Submersible to Case Specification Host Type Rate USB Communications Date Saved 2.5 Mbits/sec One run (8 correlations) Power Supply Type _User replaceable alkaline 4 cell pack Physical Dimmensions 8 logger: 410 x 325 x 172 mm 3 logger: 270 x 246 x Material 174 mm Ruggedized Waterproof high impact plastic IP65 Operating Temp -10°C to +60°C 5.2 Required Hydrophones Speciflcatlons • High sensitivity hydrophone • Latest 24-bit digital technology • Advanced filtering and coherence functions • Unwanted noise suppression City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 16 of 19 RE • Pipe software schematic with correlation displays Sensors Sampling Memory _ _ �- Communications Power Supply Physical PC Comm's Powers Physical O eratm S aLems Data storage future -proof Type SenstE+wty H dropfione (connected externally)_ _ - 195da Fre uency rang Attachment 1- 2400.Hz 1" BSP connection + pipie adaptors Rate Resolution Number of e ochs Epoch duration Max wkal recording time 4860 Hz 24-bit 1, ?, or 3 60 second$ 180 seconds Data store 32 Mb st,atir.• RAM Type_ Rate Optical 2.5.Mhits/sec Type_ Dual lithium cells _ kepl.aceable At fapipry or service cenEre _ 5jr atrng life Dimensions _ >5years {,when standard probra�ing usedj� 104mm high) x 59mm diameter) Material Waterp[oof rating Operating Temaeratur Aluminium Submersible to IP68 -10 to 160 deg C Type Rate Data saved into cas Type Dimensions (logger Material , Water rp oof ra Operating Tem aratur W USB 2.5 Mbits/sec One run (R correli tlonsl; User replaceable alkaline_4 cell pack 8 logger: 410 x 325 x 172 mm 3 logg_er. 270 x 246 x 174 mm Ruggedised high impact ia'stic IP65 10toA60deRC Windows XP Professional / 7/ 8 XML and 32-bit WAV files All enhancements by free -issued PC software 6.0 ACOUSTIC LOGGER REQUIREMENTS 6.1 Required logger features • Have the capability of 3 different modes of capturing data such as IR or radio Drive By frequency transfers for lift and shift or drive by forms of usage. • Have the GPS location from the comms module stored in the logger for ease when relocating the device. City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page ] 7 of 19 NO • The communication module is capable of IR data transfer for a wireless operation for both downloading and real time listening, • The loggers need to store the sound files from the nightly recording if leak noise is suspected for future playback and remote analysis. • local infra -red (IR) contact - lift+shift operation • radio communications - greater contact range • Integral high sensitivity accelerometer • Small size • Leak listening • real time - whilst on -site • recorded - aids remote leak identification • GPS coordinates from Communications Module stored in logger Noise logger specification Local IR Radio Communications Communications 5V/g 5V/g Sensor Sensitivity 1 second 1 second Sampling period Measurement epochs 3 x 15 minutes or 1 x 3 x 15 minutes or 1 x 45 minutes 45 minutes Data memory 8 Megabits 8 Megabits —1year data + 90secs audio --year data + 90secs audio Infra -red communications range 50cm Radio transmission - frequency 868MHz / 915MHz • power 15mW / 1omW • range 50 metres line of sight Power Lithium battery Lithium battery Operating life 10 years S years IP68 IP rating IP68 Operating temperature -10°C to 50"C -10°C to 50"C Dimensions - not including handle 92 x 40mm with handle dia. 113 x 40mm height to TNC dia. inc. stub antenna 105 x 40mm dia. 163 x 40mm dia Weight 230 gram 240 gram City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 18 of 19 i IN 6.2 Communication Module features IR communications - program/readback single logger Radio communications - as per IR comms but also batch communication with multiple loggers when connected to PC Record GPS location for loggers • Check logger status • Transfer all data to PC software City of Fayetteville, AR Bid 19-36, Water Leak Detection Equipment Page 19 of 19 Communications Module Specification Display Daylight visible LCD Data memory 32 Megabits 1 week of data for 100 loggers + 360 seconds audio (total) PC communications Power supply Operating life Operating temperature Dimensions Weight USB Rechargeable NiMH battery >12 hours 70"C to 50"C 150mm x 90mm x 25mm 235 am V? ,s.ebaKmrr A member of Megger Group Next generation electroacoustic leak detection with wind protected ground mic heavy duty contact mic (optional) tracer gas sensor (optional) ■ All wireless with Bluetooth" ■ Intuitive color touch display ■ Always ready to use due to powerful lithium -ion rechargeable batteries • Integrated GPS receiver with audio mapping ■ Ambient noise reduction — a' • Audio, frequency and level analysis ■ Tracer gas detection option r .. - _ a .f �.' `A " '.M1 . .Y•�� _' / ksr. •.' Sti PN i. ...- I.I�, A°..�tv • 7�ry ..... H �.'a. � ti. a. .'iL"Fln. dS• r• ?�': �Y;.'r'��yr+fi r";.-'•:. �i �' - F.L ?P: �•.l . i .. •�ii : ' .?;k y.� Jnels'f �. .•_.nh :° � V L' �f!•W • • .[ t Hydro ux H L 7000 Hear and see leaks In the event of a damaged pipe, the escaping water causes two kinds of noise, which spread in different ways. The Hydrolux HL 7000 makes these two noises visible and audible for you: The water that is escaping directly at the leak location generates noise which is transmitted through the ground to the surface. With the aid of the ground microphone, the Hydrolux picks up the noise and graphically displays the volume and the frequency spectrum. Inside the pipe, the escaping water generates a pressure wave. You can hear this pressure wave as leakage noise with the Hydrolux and an attached sensor rod microphone, even at remote contact points of the pipe (valves, hydrants, house connections etc.). The main constituent of these applications is an intuitive operating unit. All of the relevant menu items and measured data are clearly displayed on its high -resolution 4.3" touch color display. The menu navigation it's a breeze. Extremely light but robust, the operating unit can be used in different ways: carried on the strap, fixed in place on the sensor rod or simply attached to trousers or a belt using a clip. You can wear the device however you like or in accordance with the situation. For fatigue -free working. H L 7000 US STD he,adphor)c._. USS Car c_hlarcer plc`:.Y.)(:1 . I:111 ,01.)NOnc PAi. " i' Uhc-ratinq I -Intl FIL 7000 rt� Nlillil Tool C Bluetooth0 ��^..,jaw HL 7000 US PRO SET Convenient applications The HL 7000 ground noise system provides you with a wide range of options for locating leaks thanks to the variable design and the automatic 360' sensor recording. Work assignments lasting more than 10 hours are no problem thanks to the powerful lithium -ion rechargeable batteries. The Bluetooth° capable, wind -protected piezo- electric ground microphone with integrated pre -amplification clearly picks up extremely low leakage frequencies on soft materials such as PVC or PE, and also high frequencies on steel or cast iron pipes. Each part of the HL 7000 equipment has its own place in the robust charging and transport case. All chargeable components such as the oper- ating unit, the sensor rod and the Bluetooth° headphones can be charged together in the case thanks to pre -installed charging cables. Adapter for Adapter for paved surfaces unpaved surfaces Screwdriver Piezoelectr microIDhon PAfvl CORF PAM W-7 ground Tracer gas sensor USB Bluetooth' HLE 7000 microphone and PAM 11-7 car headphones operating unit CS-7 carrying rod (optional) adapter + USB adapter er rod sensor A T-7 ional) oot traverse or feeler tod ensor (optional) Hydrolux HL 7000 Flexibly deployable sensor rod The sensor rod microphone, which also has Bluetooth® capability, operates with the same integrated pre -amplification as the ground micro- phone. The sensor rod is therefore an excellent alternative for detecting leak noise and locating leaks far away from paved subsurfaces and without a great deal of effort. r f= • ii 1 r f. -4h ,. l]brmar�lwgngSf4 , � ''', •� Baiock•Ha�a� GAF• Ar" � .drr. '�� - I Hydrolux HL 7000 Optionally with tracer gas sensor Sometimes the acoustic methods are not sufficient for precise leak locating. In these cases, the HL 7000 has the option of attaching a trace gas sensor. This is quick and uncomplicated thanks to 3600 sensor recording, automatic sensor detection and the Bluetooth° connection. Simply fit the trace gas sensor to the sensor rod and locate the hydrogen -nitrogen mixture on the surface. Besides the Bluetooth sensors, a wired contact mic can be con- nected directly to the HL7000 main unit. You can therefore conveniently "listen inside the pipe" in order to distinguish between leakage noise and potential interference. Hydrolux HL 7000 Operating and software benefits at a glance ■ Hear and see leaks: Histogram measurement ■ Simultaneous display of the current and minimum value ■ Environmental/extraneous noise reduction ■ Long-term audio recording ■ Frequency analysis of the recorded noise ■ Flexible filter settings with nine freely configurable filter curves ■ Sound logger function: Continuous measurement for 3, 15 & 30 minutes Level measurement As well as the well -tried double -segment display (DSA), the user can see the noise spectrum at the same time and can now make a reliable statement about the leak. Long-term measurement The change to the noise level can be recorded in real-time and the influence of extraneous noise excluded by closing the line valve. Pipe finding In combination with the RSP-3 pipe knocker you have an excellent facility, particularly for tracing the routing of plastic pipelines. Pinpoint location You can display the noise level at measurement positions along the pipe in order to clearly determine the maximum noise intensity. The GPS position, the level and the audio signal are automatically recorded at each measurement point. The overall measurement can be stored in the device and displayed on a map on the PC using the HydroluxView software. The stored leak noise can be played back with just a mouse click. Hydrolux HL 7000 Data recording - no problem Device users can transfer recorded GPS data including sound files to a computer via USB cable after completing the measurements, and digitally create work documentation with all of the determined data or print it out if necessary. The HydroluxView PC software is available for doing this. is HydroluxView HL7000 It.1 pe(ffll A%Pegel 1 �.Pege t .%.Pegel 3 -%Pegcl 4 "�Pegel 5 � '�Ipngtr�m !► R�hrvltung3 Pinppinting wliw Pinpiontiny Z wmw Pinpicmhng 3 robed USA, Canada, Mexico, Bahamas — ❑ X iIIIIIIIir Pegel Strasse, 15.03.2018, 14:21:26 s Filter. 25400 Hz 1 2 3 4 l� 248 411 39,2 50,4 0 0 0 0 SebaKMT / Megger 2621 Van Buren Avenue Norristown PA 19403 • USA Tel. 1 (800) 723 - 2861 SalesNA@sebakmt.com • www.sebakmt.us Your personal contact: 5 6 7 8 9 10 57.3 443 322 47,2 356 4$9 000000 • Knmmentar. 7 A member of Megger Group UY,-7C)r'b_i's :ICI I AdllklllnkkA� Krar A member of Megger Group Hybrid correlator for real-time and offline correlation ■ Easy to use with colour touch display ■ Real-time and offline correlation ■ Long operating time and inductive sensor charging ■ Pinpointing with multi -sensors or ground microphone Perfect for plastic pipes and trunk mains Multi -correlation without pipe parameter input 0 C-3 — How does it work? The Correlux C-3 correlator locates leaks in drinking water pipes. Pressurized water at the leak location cre- ates a noise which travels out in all directions of the pipe. This noise is recorded, amplified and sent wirelessly to the correlator by two sensors (piezo microphone, hy- drophone) which are attached to the pipe (e.g. valve, hydrants). The Correlux C-3 compares both signals (correlation) and calculates the exact distance to the leakage on the basis of the delay time of the signals, the sensor spacing and the sound velocity in the pipe. Real-time and offline correlation The Correlux C-3 is suitable for both immedi- ate measurement (real-time) as well as night measurement (offline). If the measuring point is easily accessible and is not in a danger area, then real-time measurement comes into effect. Power transmitters are deployed in this case (transmitter and microphone). These transmit the live signal directly to the correlator and you receive the result immediately. However, if the measuring point is in an area which is difficult to access or if there is lots of interference, then you have the option to con- duct an offline measurement using the power transmitters or up to 8 multi -sensors. Further potential applications With the aid of the pinpointing function you can now determine the exact position of the leak, either with the multi -sensors or with a PAM W-2 ground microphone. Both options can be carried out using the Correlux C-3; no other devices are needed. Special features The correlator housing is light and easy to handle. The colour touch display also makes it easier to use and improves the readability. The system is charged in the transport case supplied using wireless inductive charging. This means that only one charging cable is needed for the complete charging of all devices. C-300 — How does it work? The new SebaKMT C-300 hybrid laptop') correlator is the successor of the previous P-250 model mixed with the benefits of SebaKMT's unique hybrid correlator C-3. This new C-300 correlator offers the processing speed of a laptop combined with all current C-3 correlator features to perform real-time and recorded correla- tions. Recorded measurements (offline-mode) can be analy- zed easily and help to achieve best end results in a high ambient noise work environment. All sets can be customized within certain parameters. Starting with a basic set optional multi -sensors can be added later at any timo ') Windows operating system needed n�l C-30 — How does it work? SebaKMT now offers the new C-30 offline correlation set to achieve fast, reliable and highly accurate measurement results. Customers can choose between 3, 5 and 8 sets which come in separate cases with unique inductive rechargeable technology. All you need is a laptop') or tablet') (windows based) and the well -established LOG RI USB radio interface from SebaKMT. Focused on the necessary, the user is able to program the devices within se- conds and retrieve the measurement data quickly afterwards. The newly developed CorreluxView-3 is a flexible platform for all correlation data including mapping, result display, sound filtering and printing. The platform allows to add hydrophone multi -sensors COR MS-3-Hydro which are also inductive rechargeable. Also as single multi -sensors set available ') Windows operating system needed USA, Canada, Mexico, Bahamas SebaKMT / Megger • 2621 Van Buren Avenue Norristown • PA 19403 • USA Tel. 1 (800) 723 - 2861 alesNA®sebakmt.com • www.sebakmt.us our contact: SekQKW A member of Megger Group AHYDRO-3 se- ba A member of Megger Group Hydrophone for trunk mains and plastic pipes Special features ■ Best results on plastic pipes ■ Small and rugged housing ■ Suitable for drinking water ■ Adaptable to all fittings ■ Compatible with Seba correlators (C3 and HL6000X) ■ Can also be used in N3 networks Description Hydrophones are directly connected to the water columns. Their suitability for drinking water is a key point here. Very often hydrants are the access points, whereas house connections or main taps are an option. Due to its high sensitivity, the PAM-Hydro 3 from SebaKMT is particularly suitable for measuring over long distances, for example on plastic pipes or pipelines with large diameters and low pressure. Handling is extremely simple and enables quick mounting on above ground and underground hydrants and all adaptable connections. The versatility of the hydrophone can be seen in its compatibility with N3 networks, use with correlators or the uploading of data when "patrolling" with a laptop or tablet. Technical data Dimensions 4.3 x 2.5 in 0 (110 x 64mm 0) Weight 0.9 Ibs (400g) Power supply Correlator / logger IP protection class IP 68 Operating temperature 32 OF to 158 OF (0 °C to + 70 °C) Connections 1.5" thread ind. adaptor Communication Connection cable 9 ft (3 m) SebaKMT / Megger 2621 Van Buren Avenue • Norristown, PA 19403 • USA Tel. 1-800-723-28 61 ext. 85 78 • Fax 610-676-86 25 VFCustomerSupport®megger.com luff A member of Megger Group We reserve the right to make technical changes. DS_PAM_Hydro-3_us_V01.pdf NO "Pi 70 Wx 14 ALI 7 Mw- TMM - Trunk Main Monitor Quick and easy to program a 1 0 , qw .001, Trunk Main Monitoring Description The TMM system consists of the three already successfully used individual components GT3/GT3-S (GSM transmitter), N-3-Hydro (data logger) and the PAM Hydro-3 (highly sensitive hydrophone sensor). The system can be installed in the maintenance shaft of your pipeline within minutes with relative ease. For measuring with the PAM Hydro-3 hydrophone sensors you need access to the water column. This can be done via standard connections such as GeKa or bulkhead couplings. The measuring procedure is simple: The N-3-Hydro data logger receives and saves the measurement data via the connecting line on the hydrophone. Depending on the measuring period programed, the GT3/GT3-S then transmits the saved data to the SebaCloud web software via GPRS. Advantages By default, the TMM system operates with a hydrophone sensor coupled to the GT3/GT3-S. But that's not all! The GT3/GT3-S offers the option of adding two more loggers to the measurement. This might be, for example, the N-3 noise level logger and the P-3 pressure logger. Thus you can expand your measuring points if you choose to and have the option of verifying potential leak noises perfectly by using various readings. .r PAM Hydro-3 N-3 Hydro GT3 GT3-5 Alert function Of course, the TMM system also provides the alerting function already, known from the D-3 data logger or the N-3 network. If individually programmable limits are exceeded in the event of a leakage, you can be notified via email or text message, that enables you to respond immediately. SebaCloud web software In the SebaCloud all the collected data is converged on a daily basis and can be easily evaluated. The monitored course of the pipe can be displayed and edited in a Google map. You can also download the map and the current measurement data from the SebaCloud onto local computers or laptops. Moreover, the SebaCloud web software is compatible with industry standard SCADA or GIS systems and can therefore be integrated in your control center. To minimize time and costly personnel, the TMM system can be completely configured remotely via SebaCloud. FTP server SebaCloud TM CSV data 0 0 a 0.. s► External GIS or SCADA system of the customer � ■F� OL OF Ow jJl ,as ,1,es l mer � mee � „1e9 QTMM Technical data GSM transmitter GT3 Dimensions (incl. antenna) 1.73 x 1.73 x 4.88 in (44 x 44 x 124 mm) 1.73 x 1.73 x 6.30 in (44 x 44 x 160 mm) Weight 0.5 lb (225 g) Power supply 2 x AA 1.5 V lithium .Operating time Up to 2 years Operating temperature -4°F to +140oF (-20 °C to + 60 °C) Data transmission GSM / GPRS Alerting system Text message, email Communication Bi-directional wireless Protection class IP 68 GSM transmitter GT3-S Dimensions Length: 9.5 inches (24.13 cm) Diam: 2 114 inches (6.99 cm) Weight Weight 1.5 Ibs (680 g) Power supply Internal D cell 3.6 V Operating time Up to 3 years Operating temperature -4°F to +140oF (-20 °C to + 60 °C) Data transmission GSM / GPRS Alerting system Text message, email Communication Bi-directional wireless Protection class IP 68 Auto location system Data logger Daily GPS synchronization; Integrated GPS Dimensions 4.53 x 1.77 in (115 x 45 mm) Weight 0.63 lb (289 g) Power supply Internal battery Operating time Up to 5 years Protection class IP 68 Operating temperature -4°F to +140°F (-20 °C to + 60 °C) Communication . .• Bi-directional wireless • . Dimensions 4.33 x 2.52 in (110 x 64 mm) Weight 0.88 lb (400 g) Power supply Logger / correlator Protection class IP 68 Operating temperature +32°F to +140oF (0 °C to + 60 °C) Connections 1.5" thread Communication Connection cable 9.84 ft (3 m) View videos and learn more at www.reduce-nrw.com Scope of delivery ■ GSM transmitter GT3/GT3-S ■ Data logger N-3-Hydro-TNC • Hydrophone PAM Hydro-3 Optional accessories ■ Pressure logger P-3 ■ Pressure logger P-3-Mini ■ Noise logger N-3 SebaKMT/ Megger SebaKMT 2621 Van Buren Avenue •Norristown, PA 19403 •USA Dr.-Herbert-lann-Str. 6 • D-96148 Baunach Tel. 1-800-723-2861 ext. 8578 • Fax 610-676-8625 Tel. +49(0)9544 - 680 Fax +49(0)9544 - 2273 A member of Megger Group VFCustomerSupport®megger.com sales®sebakmt.com www.sebakmt.com -.1I1 We reserve the right to make technical changes. Bro_TMM_US_May2017.pdf Intelligent systems for locating leaks and monitoring water pipe networks ■ Zone monitoring Data Loggers for pressure, flow and other sensors Acoustic leak sound loggers Pre -locating and pin -pointing Correlators Noise level loggers Electro-acoustic listening equipment ■ Acoustic pipe location 11 W� 06115�119 sA� Adlbk ebaKmrr A member of Megger Group M. Sebalog N-3 network Comprehensive network monitoring with GSM ■ Online correlation function ■ Data retrievable on a daily basis via FTP server t ■ Transmission of leak noises, frequencies and audio files ■ ESA value (expanded spectrum analysis) as leakage indication ■ Integration of pipe network plans Sebalog D-3 The universal data logger - ■ Network monitoring via GSM/GPRS and FTP server ■ Remote reading of water meters, pressure ratios etc. ■ Pressure and flow measurement on up to 4 channels simultaneously ■ Online and real-time measurements ■ Alarm notifications via SMS/e-mail Sebalog P-3 / Sebalog P-3-Mini The pressure logger l: ■ For monitoring pressure in your drinking water network ■ Detecting pressure surges ■ Adaptable to all connection types ■ Readings can be taken using integrated wireless interface UDM 300 The portable ultrasonic flow meter ■ Flow measurement without supply interruption ■ Consistent measurement accuracy J- ■ Measuring range from 25 mm ... 3100 mm ■ 20 h operating time SebaFlow Stationary inflow measurement ■ Maintenance -free flow measurement ■ Early leak detection ■ Installation without supply interruption C;tla ■ No chamber construction necessary ■ Data transmission to the SebaCloud or to the customer's own FTP server Zone measurements in a drinking water network make it possible for losses to be quantified. In this process, pressure/flow measurements and level/frequency measurements are used to determine areas in which leaks have occurred. SebaCloudTM is the web software of SebaKMT and it provides an overview of your entire network all the time, enabling you to view current and historical measurement data and track how the readings change over long periods. As well as this, you can save pipe network data, correlate measurement results and use network di- agnostic functions. FTP server SebaC loudTM CSV data MMMOMMM► k Readings Sebalog N-3 Sebalog D-3 Sebalog P-3 Sebalog P-3-Mini GT-3 / GT-3-S SebaFlow External GIS or SCADA system www.sebakmt.com/monitoring 0� Hydrolux HL 50-BT The handheld ground microphone ■ Audible and visual leak detection • Internal and external sensor • Measured data memory ■ Bluetooth connection to headphones Sebalog N-3 The network -compatible noise level logger ■ For acoustic pipe network monitoring ■ Early recognition of the smallest leakages ■ 3 operating modes: patrolling, lift&shift and network monitoring ■ Listening to recorded leak noises Correlux C-3 The field correlator ■ Easy to use with colour touch display ■ Overview measurement without entering pipe data • Connection option for ground microphone • Optimised for plastic pipes ■ Intelligent charging system (in a case) Correlux C-300 The laptop correlator • Quick correlation using a laptop, tablet or PC • Innovative documentation options • Multi and 3D correlation • Saving of audio files Correlux C-30 Cost-effective off line correlation • Multipoint correlation up to eight multi -sensors • Software operation via tablet or laptop (Windows OS) ■ Easy to use for quick off line measurement ■ Intelligent charging system (in a case) The pre -location or circling in on the water leak is done by listening to directly accessible contact points, such as hydrants or valves. Pre -locating leaks works on the principle of "the louder, the closer" and "the quieter, the further away". After the zone measurements, with pre -location the possible location of the leak is narrowed down. �i For concluding leakage pinpointing, SebaKMT offers three quite different technologies (ground microphones, tracer gas detectors and correlators). The aim of all of the SebaKMT solutions in this area is to avoid large ex- cavations and the associated effort and to limit the work exactly to the area where the leak is located. wvvw.sebakmt.com/correlator R ■ Hydrolux HL 7000 The advanced ground microphone w For precise pipe damage detection ■ Environmental/interference noise reduction ■ Frequency analysis M, ■ Optional: tracer gas sensor can be connected ■ Bluetooth & GPS GSM transmitter GT 3-S GPS synchronized GSM transmitter ■ Data transfer into SebaCloud or to local memory ■ Alarm messages via SMS and/or email ■ Synchronization enables correlation ■ Noise and pressure monitoring of municipal network as well as transport pipes Pocket Server PS-3 Data interface ■ WiFi interface for all WiFi-enabled devices ■ Programming and read-out of Sebalog N-3, P-3, D-3 etc. ■ Analysis via smartphone or tablet ■ Data storage on PS-3, transfer into SebaDataView 1 ■ me The NEW Hydrolux HL 7000: GPS, ground & contact microphone and sniffer — all in one USA, Canada, Mexico, Bahamas SebaKMT / Megger • 2621 Van Buren Avenue Norristown • PA 19403 • USA Tel (800) 723 - 2861 VA®sebakmt.com • www.sebakmt.us personal contact: 'MIIRII.RM A member of Megger Group City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0424 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 6 BID # 19-34 KANSAS SALT, LLC: File Type: Resolution A RESOLUTION TO AWARD BID # 19-34 AND AUTHORIZE THE PURCHASE OF BULK CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $50.00 PER TON FOR MATERIALS PICKED UP AND $95.00 PER TON FOR MATERIALS DELIVERED AS NEEDED, AND TO AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY SUPPLIER 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 Bid # 19-34 and authorizes the purchase of bulk crushed rock salt from Kansas Salt, LLC for $ 50.00 per ton for materials picked up and $95.00 per ton for materials delivered as needed, and further authorizes the use of Central Salt, LLC as a secondary supplier in the event Kansas Salt, LLC is unavailable. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Terry Gulley Submitted By City of Fayetteville Staff Review Form 2019-0424 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/1/2019 Transportation Services / _ Transportation Services Department Submitted Date Division / Department Action Recommendation: A resolution awarding Bid 19-34 to and authorizing the purchase of bulk crushed rock salt from primary supplier Kansas Salt for a unit price of $50.00 per ton if picked up or $95.00 per ton if delivered, and authorizing the use of Central Salt, LLC if primary is unavailable. 2100.410.4120-5204.00 Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Street Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: The "item cost" box has been left blank because the exact item cost will vary depending upon the Transportation Division's fluctuating needs based on the severity of the next winter weather season. —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Terry Gulley, Transportation Services Director DATE: July 1, 2019 SUBJECT: Bid 19-34, Bulk Crushed Rock Salt CITY COUNCIL MEMO RECOMMENDATION: A resolution awarding Bid 19-34 to and authorizing the purchase of bulk crushed rock salt from primary supplier Kansas Salt for a unit price of $50.00 per ton if picked up or $95.00 per ton if delivered, and authorizing the use of Central Salt, LLC if primary is unavailable. BAC GROUND: The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to implement projects outlined in the Capital Improvements Program and Annual Budget and Work Program. DISCUSSION: Sealed bids in accordance with State statutes, City ordinances, and purchasing procedures were publicly read and the results are attached to this memo. BUDGET STAFF IMPACT: Funds for the acquisition of these materials have been budgeted in Street Fund. Bulk crushed rock salt will be purchased on an "as needed" basis with payment remitted via procurement card. Attachments: Bid 19-34 Tabulation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Lioneld Jordan, Mayor Number of Addendums: 0 Bulk Crushed Rock Salt Bid No. 19-34 Official Bid Tabulation Bid No. 19-34 Date: 06.18.2018 Time: 2:00 PM Central Salt, LLC Compass Minerals Kansas Salt Morton Salt Plant Address for Pick up 1420 State Hwy 14 Lyons, KS NO BID 3300 Carey Blvd. Hutchinson, NO BID 67554 KS 67501 Item Description EST TONS Price Each Total Price Price Each Total Price Price Each Total Price Price Each Total Price Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum size 3/8 inch with no more than 5% 1 greater than 3/8" in the mix, meeting 500 $ 100.52 $ 50,260.00 $ $ $ 95.00 $ 47,500.00 $ $ AHTD specifications - DELIVERED to the City of Fayetteville, 1525 S. Happy Hollow, Fayetteville, AR 72701- Through July 31, 2020 Salt Producer: Item 1 Kissner or Hutch Salt Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum size 2 3/8" with no more than 5% plus 3/8" 100 $ 90.00 $ 9,000.00 $ $ $ 50.00 $ S,000.00 $ $ in the mix, meeting AHTD specifications - PICKED UP BY the City of Fayetteville - Through July 31, 2020 Salt Producer: Item 2 Kissner or Hutch Salt Total Base Bid: Item 1 and 2 $59,260.00 $0.00 $52,500.00 $0.00 CERTIFIED: A.Forew Pu ing Manager CPPO, Witness Date City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0440 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 7 AMERICAN ELECTRIC POWER: File Type: Resolution A RESOLUTION TO AUTHORIZE A CONTRACT WITH AEP/SWEPCO FOR UTILITY RELOCATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE CEDARWOOD AND GLENWOOD DRAINAGE IMPROVEMENTS PROJECT, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $30,697.03 WHEREAS, during construction of the Cedarwood and Glenwood Drainage Improvements Project, it was discovered that the relocation of electrical utilities owned by AEP/SWEPCO of Fayetteville would be necessary; and WHEREAS, Ordinance No. 5439, which was passed and approved on September 20, 2011, waives the requirement of formal bidding on "all such projects necessitated by any road reconstruction or widening projects with AEP/SWEPCO within Fayetteville." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with AEP/SWEPCO of Fayetteville, Arkansas for the relocation of electrical utilities associated with the Cedarwood and Glenwood Drainage Improvements Project with the amount to be paid by the City of Fayetteville not to exceed $30,697.03. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Matt Casey Submitted By City of Fayetteville Staff Review Form LUlJ-U44U Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2019 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an agreement with American Electric Power in the amount of $30,697.03 for utility relocations associated with the Cedarwood and Glennwood Drainage Project and approval of a budget adjustment. Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvments Bridge & Drainage Improvements Account Number 02108.1807.40 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Fund Cedarwood & Glennwood Sub. Drainage Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 41,169.50 41,169.50 $ 30,697.03 $ 30,698.00 I V20180321 Purchase Order Number: Previous Ordinance or Resolution # 68-19 Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF 8 6 19 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, P.E., City Engineer FROM: Matt Casey, P.E., Engineering Design Manager DATE: July 16, 2019 CITY COUNCIL MEMO SUBJECT: AEP Agreement (Cedarwood and Glennwood Drainage Project) RECOMMENDATION: Staff recommends approval of an agreement with American Electric Power in the amount of $30,697.03 for utility relocations associated with the Cedarwood and Glennwood Drainage Project and approval of a budget adjustment. BAC GROUND: City Council passed Resolution No. 68-19 on March 19, 2019, approving a construction contract with N.E.C., Inc. for the construction of the Cedarwood and Glenwood Drainage Improvement Project. The project includes installation of approximately 700 linear feet of 30" to 48" storm sewer pipe from Niokaska Creek across E. Ferguson Avenue and across E. Country Way up to the First Free Will Baptist Church property. This project replaces existing 18" to 24" storm sewer pipe that is much too small to handle the amount of water that drains through this subdivision during larger rain events. Construction began on this project on April 23, 2019. DISCUSSION: During the construction it was discovered that there are three areas of conflict between the new storm sewer pipe and the existing power lines that serve the subdivision. Staff has worked with the contractor and AEP to investigate changes that could be made to avoid the conflicts. However, the only way found was for AEP to lower their power lines. AEP has provided a proposal for this relocation. BUDGET STAFF IMPACT: The drainage improvements are paid for by the Sales Tax Capital Improvements Bridge and Drainage Improvements Fund. This was the final allocation from these funds for 2019. Due to higher than expected bids for this project and the additional unexpected expense from the utility conflicts, additional funds will be necessary to cover this expense. Approval is requested for a budget adjustment from reserve funds to cover the cost of these relocations. Attachments: AEP Agreement AEP Cost Estimate Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A ER/CAN ELECTRIC POWER BOUNDLESS ENERGY' July 16, 2019 To Matt Blanchard, Enclosed please find a SWEPCO "Pro -Forma" quote for the work on Ferguson Ave. in Fayetteville, AR. This quote is to replace and lower existing underground conductor that is in conflict with the new drainage pipe being installed in the area. Please feel free to contact me if you have any additional questions. Cody Batten Engineer Sr Quote accepted: City of Fayetteville, Arkansas By: Lioneld Jordan, Mayor Date: Attest: Sondra Smith, City Clerk Treasurer Bill To. CITY OF FAYETTEVILLE Company No: Contract No: Customer No: Date: Amount Due: Amount Remitted: American Electric Power Attn: Sandi Le Vasseur 101 W. Township St. Fayetteville, AR 72703 PLEASE DETACH AND RETURN WITH PAYMENT Contract No: DWMS00000471604 Date: 7/15/2019 PRO FORMA 159 DWMS00000471604 7/15/2019 30,697.03 Page: 1 Customer No: Purchase Order: 73927027 Description Quantity UOM Init Amt Net Amount Contribution in aid of 1.0 EA 30,697.03 30,697.03 construction to replace and lower primary conductor for new drain pipe near Ferguson Ave in Fayetteville, AR. Amount Due: 30,69V.03 Page 1 of 1 CE13AFRWOO13 8& G LENWOO13 13FUMIMAGE IMPROVEMENTS P HAS E 1 for the City of Fayetteville BID # 19-22, CONSTRUCTION FEB, 2019 VICINITY MAP OLD WIRE RD A AftCITY OF ._ FAYETTEVILLE ARKANSAS www.fayettevitte-o.r.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 PROJECT: ENGR. No. 8126 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2019 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: This budget adjustment is to cover unexpected expenses incurred for utility relocations associated with the Cedarwood & Glennwood Drainage Improvements Project. COUNCIL DATE: LEGISTAR FILE ID#: 8/6/2019 2019-0440 Ke�vi w Spud,* e 7/W2019 3:46 PM Budget Director Date TYPE: JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 30,698 30,698 v.20190516 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.621.8810-5817.00 30,698 - 02108 1807.40 EX Improvements - Bridge & Drainage 4470.001.9470-4999.99 - 30,698 RE Use Fund Balance - Current H:\Budget Adjustments\2019_Budget\City Council\08-06-2019\2019-0440 BA American Electric Power Drainage.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0447 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 8 NWA TRAILBLAZERS: File Type: Resolution A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. DB/A NWA TRAILBLAZERS FOR THE DESIGN AND CONSTRUCTION OF PHASE IOF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR CENTENNIAL PARK AT MILLSAP MOUNTAIN WHEREAS, in early 2018 the City of Fayetteville accepted a grant from the Walton Family Foundation, Inc. to purchase approximately 228 acres known as "Centennial Park at Millsap Mountain" for development and expansion of a soft surface trails system for competitive and general recreation opportunities; and WHEREAS, the NWA Trailblazers in coordination with the City and the public developed a master plan for Centennial Park at Millsap Mountain which was approved by the Fayetteville City Council on June 4, 2019; and WHEREAS, after it was announced Fayetteville would host 2022 World Cyclocross Championship, the City and the NWA Trailblazers have proposed combining efforts for construction of Phase 1 of the master plan, with the City concentrating efforts on park infrastructure and the Trailblazers concentrating on construction of the soft surface cycling infrastructure. 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 Jordan to sign a contract with NWA Trailblazers for the design and construction of the soft surface cycling infrastructure for Centennial Park at Millsap Mountain, pursuant to Phase 1 of the master plan, at no cost to the City. City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville Staff Review Form 2019-0447 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack, Park Planning Superintendent 7/17/2019 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Fayetteville Park and Recreation recommends approval of the contract with the NWA Trailblazers for implementation of the natural surface trails plan developed for Centennial Park in preparation for the hosting of the 2022 World Cyclocross Championship. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # 64-18, 125-18, 140-19 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Connie Edmonston, Parks Director FROM: Ted Jack, Park Planning Superintendent DATE: July 17, 2019 CITY COUNCIL MEMO SUBJECT: Contract approval with the NWA Trailblazers for implementation of the natural surface trails plan developed for Centennial Park in preparation for the hosting of the 2022 World Cyclocross Championship. RECOMMENDATION: Park and Recreation staff recommends approval of the contract with the NWA Trailblazers (Trailblazers) for implementation of the natural surface trails plan developed for Centennial Park in preparation for the hosting of the 2022 World Cyclocross Championship. BACKGROUND: In early 2018, the City of Fayetteville accepted a grant from The Walton Family Foundation, Inc. to purchase approximately 228 acres known as "Centennial Park at Millsap Mountain" for the development and expansion of a soft surface trails system for competitive and general recreation opportunities. As designated in the grant and as planning guidance, the Trailblazers, in conjunction with the City and general public, developed a master plan for the park. This plan was reviewed and approved by Fayetteville City Council on June 4, 2019. Soon after the City's acquisition of the property, it was announced the Fayetteville and Centennial Park would host the 2022 World Cyclocross Championship. In order to implement the master plan and prepare the site for the 2022 event, Fayetteville and the Trailblazers have proposed combining efforts for construction of the plan's phase 1, with the City concentrating efforts on park infrastructure and the Trailblazers concentrating on construction of the soft surface cycling infrastructure. DISCUSSION: Based on this division of responsibilities, a contract is recommended that details the responsibilities of the City and those of the Trailblazers. The Trailblazers have sufficient resources and funding to construct the necessary soft surface trail improvements as generally outlined in Phase One of the Master Plan for Centennial Park at Millsap Mountain. In addition, the City has sufficient resources to construct the necessary phase one park infrastructure. The purpose of this agreement is to establish the terms by which the Trailblazers will coordinate the management, contracting, and construction of soft surface trails, trail features, and related trail - Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 based development at Centennial Park, in preparation for the planned event in 2022. These terms are detailed in the attached agreement between the City of Fayetteville and the NWA Trailblazers. BUDGET/STAFF IMPACT: There is no city budget associated with this contract to build these trails. Staff will be delegating time to supervise the contract as needed. Attachments: Contract with NWA Trailblazers Resolution 64-18 Resolution 125-18 Resolution 140-19 CONTRACT This contract is entered into and agreed to by and between the City of Fayetteville ("City") and the Bentonville / Bella Vista Trailblazer's Association ("Trailblazers"), Incorporated, D/B/A NWA Trailblazers. WHEREAS, the City of Fayetteville accepted a grant and no interest loan from The Walton Family Foundation to purchase approximately 228 acres known as "Centennial Park at Millsap Mountain" for the development and expansion of soft surface trails, recreation, and tourism; and WHEREAS, pursuant to stated grant outputs, Trailblazers in coordination with the City and the public, developed a master plan for Centennial Park at Millsap Mountain (Attachment A) which was approved by the Fayetteville City Council on June 4, 2019; and WHEREAS, the City and Trailblazers are combining efforts for construction of phase one improvements at Centennial Park at Millsap Mountain, with the City concentrating efforts on park infrastructure, such as a road and parking lot, and Trailblazers concentrating efforts on soft surface trail cycling infrastructure; and WHEREAS, the City is hosting the 2022 World Cyclocross Championship and time is of the essence in preparing the site for hosting the event; and WHEREAS, Trailblazers has sufficient resources and funding to have the necessary soft surface trail improvements as generally outlined in Phase One (Attachment B) of the Master Plan for Centennial Park at Millsap Mountain constructed; and WHEREAS, the City has sufficient resources to have the necessary phase one park infrastructure as generally outlined in Phase One (Attachment B) of the Master Plan for Centennial Park at Millsap Mountain constructed; and WHEREAS, the purpose of this agreement is to establish the terms for the Trailblazers to coordinate efforts, including management, contracting, and construction of soft surface trails, trail features, and related development at Centennial Park on Millsap Mountain. NOW, THEREFORE, IN CONSIDERATION OF AND IN AGREEMENT WITH ALL OF THE TERMS, CONDITIONS, PROMISES, COVENANTS AND OBLIGATIONS within this agreement, the City and Trailblazers promise and covenant as follows: 1. Trailblazers agrees that it has the exclusive obligation to timely and satisfactorily perform and accomplish (possibly through its general contractor or contract manager) the following duties and responsibilities related to the design and construction of the phase one soft surface trail infrastructure: a. Providing the necessary and normal project coordination needed to create the soft surface trail improvements required to host the 2022 World Championship. Project shall be substantially completed no later than May 31, 2020. Substantial completion shall be defined as the date when the trail system is sufficiently complete to host pubic riding, Cyclocross and mountain bike events and competitions. b. Providing complete trail design of the overall soft surface trail infrastructure and each component therein; C. Providing a preliminary long-term maintenance plan and cost estimate for maintenance of the soft surface trail system over a period of five years. d. Building the trail system and its components to industry standards including standards illustrated in "Lightly on the Land - The Student Conservation Association's Trailbuilding and Maintenance Manual," and the USDA Forest Service, Trail Construction and Maintenance Handbook, and "Trail Solutions - The International Mountain Bicycling Association's Guide to Building Sweet Singletrack." All trails and features are to be tested to insure they operate properly and as intended before being open to the public. e. Submitting conceptual plans to the City for review on or before November 1, 2019. Deviating from the master plan must be approved in advance by the City. f. Working with contractors and subcontractors to reduce environmental impacts to the site during construction, including avoiding existing springs, large trees, and other environmentally sensitive areas. g. Ensuring signage is in place before the trails are open to the public cautioning the public about the use, risk, and challenges of the trails. Signage shall be coordinated and approved by the City prior to installation. h. Working to ensure the safety of the public during the construction of the soft surface trail area. Such area may be closed to the public with appropriate warning signage upon authorization by the City Engineer. i. Coordinating with professional mountain bike riders to field test, inspect and flow check all of the trails and trail race features built for the project. j. Paying all contractors, subcontractors, materials suppliers and professional service providers in a proper, complete, and timely manner; k. Resolving, settling, and/or paying all legitimate claims related to the construction of the soft surface trail infrastructure; 1. Paying all applicable taxes on services and equipment related to its obligations in a prompt and full manner; 2 M. Maintaining adequate insurance from the date of commencement until the date of acceptance of the work by the City. Trailblazers shall maintain the following minimum amount of insurance coverage: i. Commercial general liability, $1 million minimum ii. Workers Compensation, as required by state statute iii. $1 million minimum Commercial automobile liability n. Consulting with the City if any public funds are received for any portion of the project related to the soft surface trails prior to the expenditure or pledge of such public funds to ensure compliance with all applicable state and local laws. 2. The City of Fayetteville agrees that it shall: a. Provide access to the project site at hours approved by the Parks & Recreation Director. b. Reasonably cooperate with Trailblazers during the application and approval process for any required permits if applicable. 3. Trailblazers agrees that the City of Fayetteville has no responsibility or liability for any of the obligations listed in paragraph 1 and that the City of Fayetteville's responsibility is to manage, coordinate, and fund the construction of the remaining park infrastructure identified in Phase One of the Master Plan as shown on Attachment B. 4. Trailblazers shall follow all federal, state and local laws for the entire contract term of this project including but not limited to applicable licensing and regulations required by the Arkansas Contractor's Licensing Board. 5. Trailblazers agrees to indemnify and hold harmless the City of Fayetteville, its officers and employees from any and all claims, demands, liabilities, and costs including attorney fees related to the design and/or construction of the soft surface trails. 6. Trailblazers agrees to fully and promptly comply with the Arkansas Freedom of Information Act and acknowledges that any documents, reports, statements, etc. relating to the use of public funds for this project are subject to the Freedom of Information Act. In agreement with all the terms, conditions, promises and agreements previously stated, we sign our names below and expressly covenant that we are legally empowered to bind the entity for which we sign. NWA TRAILBLAZERS CITY OF FAYETTEVILLE By: CQ,�, By: R. Erin Rushing Printed name Title: Executive Director Date: 2019 WITNESS: By: q� A%�61 Gina Nida Printed name Title: Executive Assistan Date: 2019 LIONELD JORDAN Mayor ATTEST: Sondra E. Smith, City Clerk Date: 2019 .19 Attachment A - Master Plan Ica Q MP�Z\N � pFP�C� o -' Jd oWN N _ 01 go is .`�osgi�ofo �an$�voFX�eSiF" r'1 1 �• ANY y 3 II f- �tet� qt1 _ I - AM A901ONHDU I i y ti� v' 1S NMNIS83d M W DI 62�oy`,2 2 I 0 W W J TRAIL t z z. Y �H Ng 8Ng s K Vrn s O z55TJTa� ��uii 9y Attachment B - Phase One o"JID nPR��N��jN�RK\NG�� o � _ w �P,OoG,�pN 3, p\0 r a p Z i=r 1' o$ I 5 a _ � 11 S AM AD01ONHAI i 11� v' 1S NOWWIS83d M W DINSM 6 TRAIL Z -1 < w Z N � Q a Z w ]C Q Q H z a Z w w V Z z, L) c� '9 Z 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 125-18 File Number: 2018-0278 CENTENNIAL OPEN SPACE: A RESOLUTION TO ACKNOWLEDGE THE CITY COUNCIL'S CONTRACTUAL OBLIGATION AND INTENT TO MAINTAIN THE 228 ACRE CENTENNIAL OPEN SPACE AS PUBLIC RECREATION LAND IN PERPETUITY WHEREAS, the City of Fayetteville, with significant financial assistance from the Walton Family Foundation in the form of a 50150 matching grant and a no interest five-year loan, purchased 228 acres of land near I-49 and Martin Luther King, Jr. Boulevard; and WHEREAS, the grant agreement with the Walton Family Foundation requires the City to "permanently place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity, sufficiently allowing for natural surface and greenway trail development and other open space amenities typical for a park or open space." 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 acknowledges the City of Fayetteville's contractual duty and intent to maintain the 228 acres known as the Centennial Open Space in the public domain and preserve the land as greenspace/open space in perpetuity with the expectation that the property will be used for natural surface and greenway trail development and other amenities typical for a park or open space. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to provide to the Walton Family Foundation a proposed master plan for the property to ensure that the plan appropriately preserves, protects and maintains the property, including trails, park amenities, and reserved natural areas, in accordance with the grant agreement. Page 1 Printed on 615118 Resolution: 125-18 PASSED and APPROVED on 6/5/2018 Attest: / �I Sondra E. Smith, City Clerk Treasur ,%j 1 II w,. Del �Ilk ;FAYF- F-ViLLE; = '�. �'. kA NSA; • �_,' �rr'rYj • • .... • ❑ Page 2 Printed on 615118 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 64-18 File Number: 2018-0105 CENTENNIAL OPEN SPACE ACQUISITION: A RESOLUTION TO APPROVE THE ATTACHED REAL ESTATE CONTRACT IN WHICH CENTENNIAL BANK AGREES TO SELL AND CONVEY TO THE CITY OF FAYETTEVILLE APPROXIMATELY 228 ACRES PURSUANT TO A SPECIAL WARRANTY DEED FOR $3,302,250.00, TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A GENEROUS 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION FOR THIS ACQUISITION, TO AUTHORIZE MAYOR JORDAN TO ENTER INTO A NO INTEREST FIVE YEAR LOAN FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,651,125.00 AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the Walton Family Foundation has generously offered the City of Fayetteville a 50/50 matching grant to assist the City to obtain parcels of land containing about 228 acres known as portions of Mountain Ranch; and WHEREAS, Centennial Bank has agreed to sell and convey marketable title to these parcels for a total sale price of $3,302,250.00; and WHEREAS, these parcels will be primarily used as parkland for mountain biking and hiking trails and accessory uses with efforts to eventually connect these parcels to Kessler Mountain Regional Park and possibly other city property to both preserve much of the natural scenic beauty of these areas and to create an unsurpassed mountain biking destination and experience. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 5ectian I . That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Real Estate Contract with Centennial Bank to purchase about 228 acres for a price of $3,302,250.00 and authorizes Mayor Jordan to sign this Contract. Page 1 Printed on 2121118 Resolution: 64-18 2018-0105 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for and accept a generous 50/50 matching grant from the Walton Family Foundation to enable the City to afford to acquire these 228 acres by furnishing about $1,661,215.00 of the purchase price. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a no interest loan in the amount of about $1,651,125.00 from the Walton Family Foundation to be paid back within five (5) years with the first $275,187.50 payment due upon closing of the property and authorizes Mayor Jordan to execute all necessary documents for this loan. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves an attached budget adjustment necessary for accepting the grant and paying for the purchase of these 228 acres. PASSED and APPROVED on 2/20/2018 Approved: Lioneld Jordan, Attest: 4a., 6. 4.bL Sondra R. Smith, City Cleric Treasuror`� ; err f.I' Page 2 Printed on 2121/16 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 140-19 File Number: 2019-0305 CENTENNIAL PARK CONCEPTUAL MASTER PLAN: A RESOLUTION TO APPROVE AND ADOPT THE CENTENNIAL PARK AT MILLSAP MOUNTAIN CONCEPTUAL MASTER PLAN CREATED BY NWA TRAILBLAZERS, CEI ENGINEERING ASSOCIATES, INC., AND CITY OF FAYETTEVILLE STAFF WHEREAS, on February 20, 2018, the City Council accepted a generous 50150 matching grant from the Walton Family Foundation to purchase 288 acres of property west of I-49 on Millsap Mountain to be "used as parkland for mountain biking and hiking trails and accessory uses", to provide connections for residents and visitors to Kessler Mountain Regional Park and other parks and City property, and to preserve the natural scenic beauty of the area; and WHEREAS, staff from the Mayor's Office, Parks and Recreation Department, Engineering Division, Trail Coordination Division, and Transportation Department worked with the NWA Trailblazers and CEI Engineering Associates, Inc. to develop the proposed Conceptual Master Plan of Centennial Park at Millsap Mountain, which envisions a cycling -activated park with state of the art cyclo-cross and mountain biking courses; and WHEREAS, the master plan was unanimously approved by the Parks and Recreation Advisory Board on May 6, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts the Centennial Park at MiIlsap Mountain Conceptual Master Plan created by NWA Trailblazers, CEI Engineering Associates, Inc. and City of Fayetteville staff, a copy of which is attached to this Page 1 Printed on 615119 11) o11/U -19 File Number. 2019-0305 Resolution. PASSED and APPROVED on 6/4/2019 Attest: ���iHtu�t�ry Sondra E. Smith, City Clerk Treas pt,,,ERK / T,4141f4,�� qNSN Wfy� SON`}Co 0*4 Page 2 Printed on 615119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0379 Agenda Date: 8/6/2019 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 1 RZN 19-6666 (119 & 127 S. WEST ST./CANFIELD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6666 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 119 AND 127 SOUTH WEST AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET/CENTER 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 MSC, Main Street/Center. 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. City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville Staff Review Form 2019-0379 Legistar File ID 7/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 6/14/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6666: Rezone (119 & 127 S. WEST AVE./CANFIELD, 523): Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget 201 0321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE 94ff ARKANSAS MEETING OF JUL 2, 2019 TO: Mayor, Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: June 14, 2019 STAFF MEMO SUBJECT: RZN 19-6666: Re one 119 127 S. EST A E. CANFIELD, 523 : Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to MSC, Main Street/Center, as shown in the attached Exhibits `A' and `B'. BAC GROUND: The subject properties are located on the west side of West Avenue, between Mountain Street to the north and South Street to the south. Both properties are developed with single-family dwellings, built in 1886 and 1916 according to Washington County records. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan. Request: The request is to rezone the subject properties at 118 and 127 West Avenue from NC, Neighborhood Conservation, to MSC, Main Street/Center. The applicant has stated in their request letter that this rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. Although the NC zoning district does allow UU-12a, Limited Business, which includes small offices, restaurants, and retail as conditional uses, there is no allowance for bars or similar facilities. Public Comment: Staff has received public comment in support of the request from the adjacent property owner to the north. Land Use Compatibility: A rezoning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the property can limit the scale of any new development. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single-family homes that range southward from the subject property along West Avenue were deliberately zoned NC, Neighborhood Conservation. The Illustrative Master Plan (attached) indicated preservation of the subject property as two single-family dwellings. A rezoning to MSC comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. That said, there are numerous properties in close proximity to the subject address that are not single-family in use or appearance. Although there are several single-family homes to the north, the Razorback Greenway Trail passes to the west along the future Cultural Arts Corridor, large duplexes are being developed to the south, and to the east is the Fayetteville Public Library and its approximately 100,000 square foot expansion that is under construction. Other uses along West Avenue vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC zoning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current zoning that was approved by City Council with the support of many Downtown residents. This NC zoning seeks to preserve the existing single-family housing stock in pockets of the downtown area. The Neighborhood Conservation zoning currently applied to the subject property and those south of it are evidence of that objective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and future Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject property to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street/Center zoning district preserve the character of the Fayetteville downtown. Both are designed with build -to -zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. On the balance, staff finds that the proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently rezoned similar properties along West Avenue to allow mixed -use and higher density. These decisions aid staff in recommending that this rezoning is consistent with the Council's vision for the Downtown Master Plan. DISCUSSION: On June 10, 2019, the Planning Commission heard the rezoning request and forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. In addition to recommending approval, the Commission also recommends that Council evaluate a design overlay or broader rezoning in the Cultural Arts Corridor. There was no public comment at the meeting. BUDGET STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 19-6666 Close Up View I' i CENTER ST W Q _ _H N RMF-24 W > R-O Z 7 RSF-4 RMF-40 I RSF-7 Legend - -+ Planning Area — — Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint CANFIELD Ou co F— MOUNTAIN ST I Subject Property MSC RI-U I-1 Feet 0 75 150 300 450 1 inch = 200 feet DG +11 19-6666 EXHIBIT 'A' ■ SOU' =NORTH Zoning Acres MSC 0.4 Total 0.4 19-6666 EXHIBIT 'B' SURVEYDESCRIRIION #(/Ct 5", tV6SrAL,1GPVCr A PART OF BLOCK NUMBERED THIRTY-FIVE (35) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING M ROE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35) TO A SET'/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE N89°58'43"W 141.39 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03019'42"E 62.52 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON; THENCE LEAVING SAID RIGHT-OF-WAY LINE S89°56'28"E 138.19 FEET TO A SET'/2" IRON REBAR ON THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35); THENCE N00023'52"W 62.50 FEET TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES (8717.0 SQ.. FT.), MORE OR LESS. SURVEYDESC"TIONAII—F -7 S> (V&-ST ,2CVEr OF A PART OF BLOCK NUMBERED THIRTY-FIVE (35) OF THE ORIGINAL TOWN PLAT OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK THIRTY- FIVE (35), SAID POINT BEING AN EXISTING IRON PIPE; THENCE SOUTH 251.35 FEET (DEED=252.5 FEET) ALONG THE EAST LINE OF SAID BLOCK THIRTY-FIVE (35) TO A SET'/2" IRON REBAR, SAID POINT BEING THE POSITION OF A DESTROYED IRON PIPE AS REFERENCED IN SURVEY BOOK "J" AT PAGE 772; THENCE S00023'52"E 62.50 iE]"I T O A SET %z" iis-01J REBAk FOR T tM TRUE PORN F OE BEGINNING; THENCE N89056'28"W 138.19 FEET TO AN EXISTING IRON ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE S03°19'42"E 62.47 FEET ALONG SAID RIGHT-OF-WAY LINE TO A SET %2" IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE EAST 135.00 FEET TO AN EXISTING IRON PIPE ON THE WEST RIGHT-OF-WAY LINE OF WEST AVENUE; THENCE N00°23'52"W 62.23 FEET TO THE POINT OF BEGINNING, CONTAINING 0.19 ACRES (8468.0 SQ. FT.), MORE OR LESS. OWNER: JEAN BESCHAUD ADDRESS: 119,127 S. WEST AVENUE FAYETTEVILLE, ARKANSAS •''� GYS TERc•'. STATE OF i ANS .S ro 10 ix Q o i Stoll",vx� � - . O EXISTING IRON PIPE O SET 1 /2" IRON REBAR. % EXISTING IRON PIN 4- C'.nKAPI iTFn c nRNFR CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: June 10, 2019 Updated with Planning Commission Results SUBJECT: RZN 19-6666: Re one 119 127 S. EST A E. CANFIELD, 523 : Submitted by CAL CANFIELD for properties located at 119 & 127 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD COMMERCIAL and contain approximately 0.40 acres. The request is to rezone the properties to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends forwarding RZN 19-6666 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 19-6666 to City Council with a recommendation for approval." BAC GROUND: The subject properties are located on the west side of West Avenue, between Mountain Street to the north and South Street to the south. Both properties are developed with single-family dwellings, built in 1886 and 1916 according to Washington County records. In 2004, the property was rezoned to NC, Neighborhood Conservation, as a part of the Downtown Master Plan. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential NC, Neighborhood Conservation South Single-family Residential RI-U, Residential Intermediate, Urban East Fayetteville Public Library MSC, Main Street Center; DG, Downtown General West Razorback Greenway P-1, Institutional Request: The request is to rezone the subject properties at 118 and 127 West Avenue from NC, Neighborhood Conservation, to MSC, Main Street Center. The applicant has stated in their request letter that this rezoning is necessary to expand the development options of the property, including the potential for an art gallery, office, restaurant, or bar. Although the NC zoning district does allow UU-12a, Limited Business, which includes small offices, restaurants, and retail as conditional uses, there is no allowance for bars or similar facilities. Public Comment: Staff has received no public comment regarding the request. Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 1 of 15 INFRASTRUCTURE: Streets: Both parcels within the subject property have access to South West Avenue, a Master Street Plan -designated ST-45 street. South West Avenue is partially - improved with on -street parking in front of both parcels, but inadequate sidewalk width and without street trees do not meet the Master Street Plan minimums. Any street improvements required in this area will be determined at the time of development proposal. ater: Public water is available to the site. A 6-inch water main runs along the West Avenue right-of-way. Sewer: Public sanitary sewer is available to the site. A 8-inch sanitary sewer main runs along the West Avenue right-of-way. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within a FEMA designated 100-year floodplain, a Streamside Protection Zone, or the Hillside - Hilltop Overlay District (HHOD). Additional, no hydric soils are present on this site. Fire: The Fire Department has noted that the subject properties are protected by Station 1, located at 303 West Center Street, with an anticipated response time of approximately 3 minutes. This is below the 6 minute response time goal of the Fayetteville Fire Department. Police: The Police Department did not express any concerns with this request. CIT PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates the properties as part of a Complete Neighborhood Plan Area associated with the Fayetteville Downtown 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: In staff s opinion, the re uested re oning is generally consistent and compatible with both current land use and City land use plans. Land Use Compatibility: A re oning to MSC will allow for residential and commercial development that is generally comparable to other housing and businesses in the vicinity. Furthermore, while the MSC oning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the si a and terrain of the property can limit the scale of any new development. On the other hand, the Fayetteville Downtown Master Plan and its associated re oning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases over a century. In addition to the Mount Nord area along Lafayette Street, the block of single- G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 2 of 15 family homes that range southward from the sub ect property along est Avenue were deliberately oned NC, Neighborhood Conservation. The Illustrative Master Plan attached indicated preservation of the sub ect property as two single-family dwellings. A re oning to MSC comes with no density re uirements, no side setbacks, and a higher building height maximum than the re uirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG oning district, the re uested re oning has the potential to dramatically change the character of this portion of downtown. That said, there are numerous properties in close proximity to the sub ect address that are not single-family in use or appearance. Although there are several single-family homes to the north, the Ra orback Greenway Trail passes to the west along the future Cultural Arts Corridor, large duplexes are being developed to the south, and to the east is the Fayetteville Public Library and its approximately 100,000 s uare foot expansion that is under construction. Other uses along est Avenue vary, including many residential structures that have been modified to house multiple tenants or businesses. Given the variety of surrounding land uses, staff finds the MSC oning would be compatible. Land Use Plan Analysis: The Downtown Master Plan led to the current oning that was approved by City Council with the support of many Downtown residents. This NC oning seeks to preserve the existing single- family housing stock in pockets of the downtown area. The Neighborhood Conservation oning currently applied to the sub ect property and those south of it are evidence of that ob ective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along est Avenue. Classified in the Plan as a signature connection in downtown, est Avenue is called -out as important to the area s pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and future Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to target properties along est Avenue for infill development. Re oning the sub ect property to the proposed Main Street Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. hile the goals of infill redevelopment and preservation may often seem at odds, in this instance they are complementary. Just as the Neighborhood Conservation oning district was adopted to preserve the single-family nature of particular areas, so to can the Main Street Center oning district preserve the character of the Fayetteville downtown. Both are designed with build -to- ones that complement the area s historic growth pattern. Development under either oning is sub ect to the Downtown Design Overlay Districts architectural standards. On the balance, staff finds that the proposed oning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently re oned similar G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 3 of 15 properties along est Avenue to allow mixed -use and higher density. These decisions aid staff in recommending that this re oning is consistent with the Council s vision for the Downtown Master Plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicants submittal, the re oning is ustified and needed to enhance the development opportunities for the sub ect property. The existing Neighborhood Conservation oning only permits development of the property with single-family dwellings, accessory dwellings, and City- wide uses by -right. All other uses allowed in the district, including but not limited to 2- and 3-family dwellings, offices, and limited businesses are only permitted with the approval of a conditional use permit. The applicant feels that a re oning to Main Street Center will positively address the goals of City Plan 2030. Staff agrees, finding that despite the conditional use permit process provision of detail that can assure compatibility, this may not be necessary given the wide variety of existing and potential uses and intensities in close proximity to the site. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The sub ect property has access to est Avenue, which was classified during the Downtown Master Plan process as ST 45. This classification includes two lanes for traffic movement and one for on -street parking in addition to tree wells and sidewalks. Given this, a re oning of the property to Main Street Center, with its lack of density re uirements, has the potential to increase traffic in this area as the site develops. However, given the small si a of the property, any increase in vehicular trips in the area will likely not appreciably increase traffic danger or congestion. 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 MSC oning district includes no density limitation, as compared to the 10 units per acre of the existing NC oning district. Despite this, and with due consideration for site constraints such as the si a of the property and the 15 to 25 slope along the western third of both parcels, staff does not anticipate an undesirable increase in potential impact on City or Fayetteville Public Schools facilities. 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 G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 4 of 15 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 19-6666 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Re uired ES Date: June 10, 2019 O Tabled xO Forwarded O Denied I Motion: Hoffman Second:Johnson 9-0-0, recommending in favor and also recommending the City Council evaluate a ote: design overlay district and or a broader re oning in the Cultural Arts Corridor. BUDGET STAFF IMPACT: None Attachments: • Unified Development Code: o §161.27 — MSC, Main Street/Center o §161.29 - NC, Neighborhood Conservation • Request letter • Downtown Illustrated Plan Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 5 of 15 161.27 - Main Street Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Unit 13 Unit 14 Three (3) and four (4) family dwellings Eating places Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 Unit 3 City-wide uses by conditional use permit Public protection and utility facilities Unit Gasoline service stations and drive-in/drive Unit Center for collecting recyclable materials Unit Dance halls Unit Outdoor music establishments G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 6 of 15 Unit Wireless communication facilities Unit Sidewalk Cafes Unit Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. A build -to zone that is located Front 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 12 feet an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; 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) G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 7 of 15 161.29 - 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 (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 Unit 28 Unit 36 Offices, studios, and related services Center for collecting recyclable materials Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 1 40 feet Two Family 1 80 feet Three Family 1 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 8 of 15 Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 3 stories G:\ETC\Development Services Review\2019\Development Services\19-6666 RZN 119 & 127 S. West Ave. (Canfield) 523\03 Planning Commission\6-10-2019 Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 9 of 15 REZONING 119 127 S. est avenue Statement of Compatibility This rezoning request is being made in the interest of adding options for the property owner. Currently zoned NC — Neighborhood Conservation, this ensures the existing character and fabric of the neighborhood is maintained. Our request does not seek to change that in spirit, but to reinforce it. By allowing uses that can operate in a residential type of setting and structure, are compatible with and complimentary to residential uses, yet are not residences. Some examples would be small professional offices, studios, live/work units, biking and trail -related services and food and beverage options. Our `Requested Zoning District' for the purposes of this submittal has been defined as `MSC' Main Street/Center. On first glance that seems to fit. But it is possible to have a district that supports more diversity by allowing uses compatible with and complimentary to residential uses, and found in that MSC district, while maintaining the desirable character and fabric of the existing streetscape in keeping with the spirit of the NC district. The problem is that I'm not sure that district currently exists in our playbook. The activity levels on this portion of West avenue are currently high and only going to increase with the current development of both the library and the Arts Corridor along the bike trail. The existing residential character of the neighborhood is desirable to maintain. The people who live in this area do so expecting a dynamic, active, urban experience and thus want services they can access quickly and easily without involving vehicular travel. Could this possibly be addressed by merely expanding the Use by Right category in the NC district? This would ensure the preservation of the current residential character and feel of the street while acknowledging the use and activity levels here are more in keeping with a district allowing opportunity for a more diverse mix of uses. As with any district aiming to provide a diverse mix of services and activities, it is reasonable to assume that the potential for conflict is always there. That is why we have these codes, ordinances and regulations to ensure that opportunity for those conflicts to arise is minimal. Our zoning regulations have become quite thorough and well thought-out here in Fayetteville because they are constantly evolving and becoming more specialized and defined as our community grows and its wants and needs are further defined and addressed. This portion of West avenue does represent a last remaining vestige of the character and feel of the old town of Fayetteville as it was. And it is important that we preserve that. But there is no reason we cannot maintain that aspect of this area while simultaneously expanding the possibilities and opportunities available to the property owner by expanding the list of allowable uses. As both a property owner in this community and a licensed Architect in the State of Arkansas, I thank you for the opportunity to bring this matter before the Commission for your consideration. W. Cal Canfield Planning Commission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 10 of 15 L � � CCN G fD O z N � 0 N i d Q 0 a v cn 11 m � rn ::2 'O AL 'M.. 6. 4pnua wry -ow rcr „ 1P sw i� anuand S at . 4 ` 3 AennuewE) Moeq.ao eM ME _ >" deal ooSia= ILI AN 4• 4 Z r a i7l' Ill #. evil....� m a.. . _� Na y�qR P w�f! mo a,lra4i*0 z ci `-ballY JIM Cl 4■.� " : �. ..■ �«:' i..z...�. �` eta w IM ilk F Met 1+ "M ilir Iwo 611 .fit IM =t= &ii i,.. �n ate❑ � � ■i A —® Pi nininmission June 10, 2019 Agenda Item 12 19-6666 Canfield Page 11 of 15 RZN 19-6666 One Mile View RV RPZD RMF-24 I 0 0.125 P-1 r'I CANFIELD 0.25 1 R-o L Subject Property Legend - Planning Area L _ _ Fayetteville City Limits Shared Use Paved Trail ❑ Trail (Proposed) i Q r . Design Overlay District ,----- ---- PlanningArea -- Building Footprint Fayetteville City Limits 0.5 Miles NORTH 0 INI � W J J O U NC tml Zoning E TRACTION RESIDENTIAL SINGLE-FAMIL E-1 Residential.Agricultural COMMERCIAL RSF-.5 Residential -Office RSF-1 ■ C-1 RSF-2 C-2 RSF4 C-3 RSF-] FORM BASED DISTRICTS RSF-8 Downtown Core RSF-18 Urban Thoroughfare RESIDENTIAL MULTI-FAMIL Main Street Center RT-12 Resitlential Two antl Three-family Downtown Ci,—, RMF-6 Community Service. RMF-12 Neighbarhaotl Service, RMF-18 Neighborhood Con.ervation RMF-2A PLANNED ZONING DISTRICTS RMF-48 Commercial, Indu.Irial, Residential INDUSTRIAL INSTITUTIONAL -1 Heavy Commercial and Light Ind-1=, "2 Gene1B1 IntlO .1 Planning Co IT _10 ission ,2019 Agenda Item 12 19-6666 Canfield Page 12 of 15 RZN 19-6666 Close Up View j CENTER ST Lill 1 I 1 i i Q I _H 1 N JIRR MF-24 I R-O I I RSF-4 RSF-7 RNIF-40 f-1 Legend Planning Area — — Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint CANFIELD MOUNTAIN ST Subject Property MSC Propos MSC 4 RI-U W Feet 0 75 150 300 450 1 inch = 200 feet efl SOU,- �NORTH Zoning Acres MSC 0.4 Total 0.4 Planning Commission 10, 2019 Agenda Item 12 19-6666 Canfield Page 13 of 15 RZN 19-6666 CAN F I E L D A& NORTH Current Land Use MOUNTAIN ST 3. Single -Family, i q Residential LJ.I Q Fayetteville Public Library W Frisco Trail Sub 1 Property W Q F Vacant Future Library Expansion i- 1 I i FEMA Flood Hazard Data 100-Year Floodplain Planning Area Feet Floodway Fayetteville City Limits 0 35 70 140 210 280 - - 1 inch = 100 feet Design Overlay District Planning Co .1 mission 0, 2019 Agenda Item 12 19-6666 Canfield Page 14 of 15 RZN 19-6666 Future Land Use .1 READ ELL Legend Planning Area L — — Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint CANFIELD NORTH „�►{--.. Ln V w Q I to MEAD . CT — _' = J 0 Q Feet 0 145 290 580 870 1 inch = 400 feet n & 4TH ST w a U ir — — 5TH ST FUTURE LAND USE 2030 City Neighborhood Area Complete Neighborhood Plan Civic and Private Open Space/Parks 1,160 Non -Municipal Government Planning Cc .1 mission 0, 2019 Agenda Item 12 19-6666 Canfield Page 15 of 15 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Don Marr, Chief of Staff Jodi Batker Garner Stoll, Development Services Director Paralegal Andrew Garner, Planning Director Blake Pennington, Assistant City Attorney FROM: Kit Williams, City AttorneyC DATE: July 23, 2019 RE: Bill of Assurance from William Canfield Mr. Canfield has supplied my office with his signed and notarized Bill of Assurance (attached) for his requested rezoning from Neighborhood Conservation to Main Street/Center. As you can see, Mr. Canfield limited his property in two ways by his offered Bill of Assurance. He first stated that: "(t)he Height of structures shall be limited to 3-story maximum in the established 25' Build -to Zone as measured from the top of curb. The buildable area outside of said Build -to Zone shall allow the construction of additional stories, but the height of any portion of the building cannot exceed the maximum height established by the portion of the development within the 25' Build -to Zone." Thus, as the land slopes down toward the multiuse trail and creek, an additional story or two can be added as long as the height of the structure as measured from the curb does not surpass the height of the structure within the build -to zone. When I pointed out to Mr. Canfield the potentially incompatible uses for his neighbors allowed in Main Street/Center for Use Unit 17 Transportation Trades and Services such as automotive sales, car washes, used car lots, body shops and garages, etc., he agreed that he did not want such uses for his property and expressly excluded all such uses if his property is rezoned to Main Street/ Center. We will need to amend the rezoning ordinance at the next meeting to make it reliant upon Mr. Canfield's proposed Bill of Assurance if the rezoning is approved by the City Council. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Willigm C. Canfield . hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to Only those limitations and restrictions as sgt f Qrth under the new Zoning Qassificatioit -MSC 2. Other restrictions including number and type of structures upon the property are limited to Only those limitations and restrictions as set forth under the neyy Zoning „Cla5sifcation with the following excen#ions; Exception #1 - Height of structures shall be limited to 3.§tgry maximum „in.the established 25' Build -to T ae measured r 2 the toi3 of curb The buildable area outside of said Build -to .Zone shall allow the construction of additional stories, btit the height of any portion of the building cannot exceed the maximum height established by the gnrtion of the development within that 25' Build -to Zone. Exception #2 - To Exclwd-_Use Unit 17 - Transportation Trades and�Smices in its gntirety 3. Specific activities will not be allowed upon petitioner's property include ?nly those liniitatious wad—re5tri-cdons as set_fartli_tinder the new Zoning Classification - Mi SC 4. (Any other terms or conditions) none 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in a reeme t with all the terms and conditions stated above, I, 1 �'A �.15r14I�� �� , as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. -7j?,37jZV/j Date Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the Z J da, i I V\- a Notary swore or affirmed that he/she agreed signed his/her name above. NOTA Y PUBLICO My Commission Expires: n-10 L r of �k4 f 2019, appeared before me, Public, and of er being placed upon his/her oath with the terms of the above Bill of Assurance and F CIAL7ARKANSAS LEY BLICGTOSION N E,X City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0415 Agenda Date: 8/6/2019 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 2 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AN ORDINANCE TO AMEND § 161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET WHEREAS, § 161.29 Neighborhood Conservation provides for varying lot width minimums for single family, two family, and three family dwellings; and WHEREAS, reducing the lot width minimums for two and three family dwellings will mitigate the potential negative impacts of varying lot widths and will encourage attached and single family dwellings to be similar scale in neighborhoods, which is consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. 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 subsection (D)(1) of §161.29 Neighborhood Conservation and enacts a new subsection (D)(1) as follows: "(1) Lot Width Minimum All dwelling types 40 feet" City of Fayetteville, Arkansas Page 1 Printed on 81112019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0415 Legistar File ID 7/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/28/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: ADM 19-6725 Administrative Item (Amend UDC chapter 161.29: NC, Neighborhood Conservation): Submitted by the City Planning Division for revisions to UDC Chapter 161.29. The proposed code changes would modify the lot width of the NC, Neighborhood Conservation zoning district. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUL 16, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: June 28, 2019 CITY COUNCIL MEMO SUBJECT: ADM 19-6725 Administrative Item Amend UDC chapter 161.29: NC, Neighborhood Conservation : Submitted by the City Planning Division for revisions to UDC Chapter 161.29. The proposed code changes would modify the lot width of the NC, Neighborhood Conservation zoning district. RECOMMENDATION: Staff and the Planning Commission recommend approval of the proposed code change. BAC GROUND: The NC, Neighborhood Conservation zoning district has much larger lot width for attached dwellings than single family detached. This criteria can lead to attached dwellings being wider, taller, and having obviously more parking than single family. The larger lot width encourages developers of smaller, attached dwellings to rezone NC property to a higher tier district with a narrower lot width. However, these higher tier re -zonings in the midst of NC districts allow development that may be out of scale and context with surrounding dwellings. Districts with the same lot width across dwelling types allow attached dwelling to be built on a similar scale as a single family dwelling. The disparity of NC lot width discourages development of missing middle housing 1. The City Planning Division has drafted code changes to modify the lot width for all dwellings types in the NC district to be the same as single family. The changes are intended to mitigate negative impacts of varying lot widths, and encourage attached and single family dwellings to be similar scale in neighborhoods, consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. This is potentially the first of multiple code changes implementing Goal 1. Future code amendments may address design standards and permitted/conditional uses to further the goal of scalable residential buildings in a variety of unit types. 'Missing Middle Housing is a range of multi -unit or clustered housing types — compatible in scale with detached single family homes — that help meet the growing demand for walkable urban living. Source: https:Ilmissingmiddlehousing.com Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Request: Staff requests that the City Council amend Fayetteville Unified Development Code Chapter 161.29, Neighborhood Conservation. The code changes are described above and shown in the attached strikeout -highlight and clean versions of the code. DISCUSSION: At the June 24, 2019 Planning Commission meeting, this item was unanimously forwarded with a recommendation for approval. BUDGET STAFF IMPACT: N/A Attachments: Proposed code changes shown in strikeout and clean version Planning Commission staff report ADM 19-6725 Code Changes in Strikeout -Highlight 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 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 1 Public protection and utility facilities Unit 4 1 Cultural and recreational facilities Unit 9 1 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit Limited business* 12a Unit 24 Home occupations Unit 25 Offices, studios, and related services I _ 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. SingleFamily All dwelling types 40 feet Two Family (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between the front property line Front and a line 25 feet from the front property line. Side 5 feet Rear F 5 feet Rear, from center line 12 feet of an alley (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission June 24, 2019 Agenda Item 9 19-6725 UDC Ch 161.29 Page 3 of 4 ADM 19-6725 Code Changes Clean Version 161.29 - Neighborhood Conservation Unit 36 Wireless communication facilities (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower Unit 44 Cluster Housing Development 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 (C) Density. Ten (10) Units Per Acre. character. For the purposes of Chapter 96: Noise Control, the Neighborhood (D) Bulk and Area Regulations. Conservation district is a residential zone. (1) Lot Width Minimum. (B) Uses. All dwelling types 40 feet (1) Permitted Uses. Unit 1 City-wide uses by right (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Unit 8 Single-family dwellings A build -to zone that is located Unit 41 F__Accessory dwellings Front between the front property line and a line 25 feet from the front property line (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 1 Public protection and utility facilities Unit 4 1 Cultural and recreational facilities Unit 9 1 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit Limited business* 12a Unit 24 Home occupations Unit 25 Offices, studios, and related services I _ Unit 28 Center for collecting recyclable materials Side 5 feet Rear 5 feet Rear, from center line 12 feet of an alley (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission June 24, 2019 Agenda Item 9 19-6725 UDC Ch 161.29 Page 4 of 4 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: June 24, 2019 (Updated with Planning Commission results) SUBJECT: 19-6725 Administrative Item Amend UDC chapter 161.29: NC, Neighborhood Conservation : Submitted by the City Planning Division for revisions to UDC Chapter 161.29. The proposed code changes would modify the lot width of the NC, Neighborhood Conservation zoning district. RECOMMENDATION: Staff recommends forwarding the proposed code change to the City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward ADM 19-6725 to the City Council with a recommendation for approval." BAC GROUND: The NC, Neighborhood Conservation zoning district has much larger lot width for attached dwellings than single family detached. This criteria can lead to attached dwellings being wider, taller, and having obviously more parking than single family. The larger lot width encourages developers of smaller, attached dwellings to rezone NC property to a higher tier district with a narrower lot width. However, these higher tier re -zonings in the midst of NC districts allow development that may be out of scale and context with surrounding dwellings. Districts with the same lot width across dwelling types allow attached dwelling to be built on a similar scale as a single family dwelling. The disparity of NC lot width discourages development of missing middle housing 1. DISCUSSION: The City Planning Division has drafted code changes to modify the lot width for all dwellings types in the NC district to be the same as single family. The changes are intended to mitigate negative impacts of varying lot widths, and encourage attached and single family dwellings to be similar scale in neighborhoods, consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. This is potentially the first of multiple code changes implementing Goal 1. Future 'Missing Middle Housing is a range of multi -unit or clustered housing types — compatible in scale with detached single family homes — that help meet the growing demand for walkable urban living. Source: https:llmissingmiddlehousing.com Mailing Address: Planning Commission 113 W. Mountain Street www.fayetteville-aM044, 2019 Fayetteville, AR 72701 Agenda Item 9 19-6725 UDC Ch 161.29 Page 1 of 4 code amendments may address design standards and permitted/conditional uses to further the goal of scalable residential buildings in a variety of unit types. Request: Staff requests that the City Council amend Fayetteville Unified Development Code Chapter 161.29, Neighborhood Conservation. The code changes are described above and shown in the attached strikeout -highlight and clean versions of the code. RECOMMENDATION: Staff recommends that the Planning Commission forward the proposed code changes to the City Council with a recommendation for approval. Planning Commission Action: ❑ Approved 0 Forwarded O Denied Meeting Date: June 24, 2019 Motion: Belden Second: Johnson ote: 8-0-0 BUDGET STAFF IMPACT: N/A Attachments: Proposed code changes shown in strikeout and clean version Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6725 ADM UDC Ch. 161.29 Amend. June 24, 2019 (NC Zoning)\03 Planning Commission\06-24-2019\Comments and Redlines Agenda Item 9 19-6725 UDC Ch 161.29 Page 2 of 4 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: July 19, 2019 CITY COUNCIL MEMO SUBJECT: History of the NC, Neighborhood Conservation, Zoning District At the July 16, 2019 City Council meeting, staff presented a text amendment to revise the NC, Neighborhood Conservation, zoning district so that the minimum lot width requirement for all dwelling types is 40-foot. During the amendment's discussion, Councilmember Petty requested additional detail about the history of the NC zoning district, particularly as it pertains to uses. In summary, the authors of the Downtown Master Plan, Dover, Kohl, & Partners, proposed the NC zoning district with single- and two-family dwellings permitted by -right with 40-foot lot widths for all uses. The district was adopted in 2006 allowing both uses by -right, but requiring 40, 50, and 60-foot lot widths for single-, two-, and three-family dwellings respectively. In 2010, lot widths were increased to 40, 80, and 90 feet. Following repeated offerings of bills of assurance to prohibit 2-family dwellings for NC rezoning requests outside the City's core, the district was revised to make two-family dwellings permitted by conditional. Attachments: Summary of NC, Neighborhood Conservation's ordinance history Ordinances: o Draft Ordinance o Ordinance 4930: Adoption o Ordinance 5312: Lot Width Revision o Ordinance 5592: Unit 9, Two-family Dwellings o Current Ordinance Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 History of the NC, Neighborhood Conservation, Zoning District Developed in association with the Downtown Neighborhood Master Plan History to adoption: April 30, 2004- Draft zoning district proposed (attached) • Lot width: 40-foot for all building types • Density: 4 units per acre • Lot area minimum: None • Setbacks: Reduced when like uses are adjacent • Notable permitted Uses: o Unit 8 (Single-family Dwellings) o Unit 9 (Two-family Dwellings) o Unit 24 (Home Occupations) July 12, 2006- Presented to Council as described above, except: • Lot width: 40-foot for all building types • Density: None • Removing the following from permitted uses: o Unit 3 (Public Protection and Utility Facilities) o Unit 24 (Home Occupations) • Adding the following as conditional uses: o Unit 3 (Public Protection and Utility Facilities) o Unit 10 (3-family Dwellings) o Unit 12 (Offices, Studios, and related services; now classified as Unit 25) o Unit 13 (Eating Places) o Unit 15 (Neighborhood Shopping Goods) o Unit 24 (Home Occupations) o Unit 25 (Professional Services) September 22, 2006- Revised and presented to Council (as adopted Oct. 2006; Ord 4930): • Lot width: 0 40-foot for Single-family 0 50-foot for 2-family 0 60-foot for 3-family • Density: 10 units per acre • Lot area minimum: 4,000 square feet • Removing the following from permitted uses: o Unit 4 (Cultural and Recreational Facilities) o Unit 5 (Government Facilities) • Adding the following as conditional uses: o Unit 4 (Cultural and Recreational Facilities) • Removing the following from conditional uses: o Unit 13 (Eating Places) o Unit 15 (Neighborhood Shopping Goods) History since adoption: Ordinance 5128 04-15-2008 : Unit 41, Accessory Dwelling Units added as a permitted use. Ordinance 5312 04-20-2010 : Creation of new form -based zoning districts and modification of existing form -based zoning districts. • Lot width: 0 40-foot for Single-family 0 80-foot for 2-family 0 90-foot for 3-family • Setbacks: o Streamlined to apply setbacks uniformly, regardless of use Ordinance 5462 12-06-2011 : Unit 44, Cottage Housing Development, added as a conditional use Ordinance 5592 06-18-2013 : Clarification, and amendment of urban zoning districts standards to provide clarification • Minimum Buildable Street Frontage: Removed • Removing the following from permitted uses: o Unit 9 (Two-family Dwellings) • Adding the following as conditional uses: o Unit 9 (Two-family Dwellings) Ordinance 5664 02-18-2014 : Unit 44, Cottage Housing Development, added as a conditional use following clerical error Ordinance 5800 10-06-2015 : NC section number revised with amendment to add RSF-18 zoning district. Ordinance 5921 11-01-2016 : Unit 44 renamed "Cluster" Housing Development. Ordinance 5945 01-17-2017 : NC section number revised with amendment to add RI-U and NS-G zoning districts. Ordinance 6015 11-21-2017 : NC section revised with amendment to change building height restrictions from feet to stories. TITLE XV UNIFIED DEVELOPMENT CODE (c) Density. Unit 8 Single-family dwellings _ ! Unit 9 Two-family dwellin s Residential units per acre 416 2 i _ Unit 24 Home occupations (d) Bulk and area regulations. (2) Conditional uses. (1) Lot width minimum. Unit 2 City-wide uses by conditional use ermrt Unit 28 Center for collecting rec ctable materials Dwelling(all unit types) 18 ft. Unit 36 , Wireless communication Facilities (2) Lot area minimum. None. (e) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between a line 5 feet from the front property line and a line 20 ft. from the front property line. Side, facing street 5 ft. Side. internal None Rear, without easement 5 ft. or alley Rear, from center line of 12 ft. an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (f) Minimum buildable street frontage. 50% of lot width. (g) Height regulations. Minimum height is 1 story. Maximum height is 4 stories. (4) Neighborhood Conservation. (a) Purpose. The Neighborhood Conservation transect zone has the least activity and a lower density than the other transect zones. Although Neighborhood Conservation is the most purely residential transect zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. (b) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities (c) Density. Residential unils per acre 4 (d) Bulk and area regulations. (1) Lot width minimum. Dwellin all unit types) 40 ft. (2) Lot area minimum. None. (e) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between a line 5 feet from the front property line and a line 20 ft. from the front property line. Side, facing street 5 ft., Side, internal, if adjoining None a similar use unit. Side, internal, if adjoining 5 ft. a different use unit Rear, without easement 5 ft. or alley Rear, from center line of 12 ft. an easement or alley — Note: If the Regulating Plan shows an alley along the rear; side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (f) Minimum buildable street frontage. 40% of lot width. (g) Height regulations. Minimum height is 1 stories. Maximum height is 3 stories. (5) Cultural and Entertainment Overlay District. (a) Purpose. The, Cultural and Entertainment Overlay District is a designated area within the Downtown District in which entertainment venues and cultural activities are encouraged. The Overlay District lies within the Main CD 161:26.8 DRAFT April 30, 2004 Side, internal None Rear, without 5 ft. easement or alle r Rear, from centerline 12 ft. of an easement oral ley (.F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (.H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. § 161.23 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. (I3) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellin s (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 10 Three-family dwellin s Unit 12 Offices, studios and related services Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units/Acre. (D) Bulk and area regulations. (1) .Lot width minimum. Single Famil 40 ft. Two Family 50 ft. , Three Family 60 ft. (2) Lot area minimum. 4,000 Sq. Ft. 5 (E) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal fagade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if 5 ft. adjoining a similar use unit. Side, internal, if 5 ft. adjoining a different use unit Rear, without 5 ft. easement or alley Rear, from center line 12 ft. of an easement or alley (F) Minimum buildable street frontage. 40% of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. §-161.24 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 6 Agriculture Unit 12 Offices, studios and related facilities Unit 13 Eating laces Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit are ousing and wholesale Unit 22 Manufacturing Unit 25 1 Professional offices EXHIBIT "A" ADM 09-3502 Page 8 of 15 within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line 12 ft. of an alley (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07) 161.26 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 9 Two-family dwellings Unit 41 Accesso dwellings (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 10 Three-family dwellings Unit 12 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 (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 80 ft. Three Family 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side 5 ft. Rear 5 ft. Rear, from center line 12 ft, of an alley (F) Minimum buildable street frontage. 40% of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. (Ord. 5128, 4-15-08 161.27 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturin (D) Bulk and area regulations. (1) Lot width minimum. Dwellin all unit!ypes18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front with'n a A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line 12 ft. of an alley (F) Minimum buildable street frontage. 50% of lot width. (G) Building height regulations. 11 Bui1did4,He1'YtMaximum I 56ft. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4- 20-10) 161.26 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 1j4Accesso City-wide uses b right Unit 8famil dwellings Unit 41 dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utilily, facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 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 (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 80 ft. Three Family 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front building a shall -bA- built withan a A build -to zone that is located between the front property line and a line 25 ft. from the front ro ert line. Side 5 ft. Rear 5 ft. Rear, from center line 12 ft. of an alley (F) 49 .. lei:-►a�i�k� (G) Building height regulations. FF Bu9l: i'i loi ht Maximum 145 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 Page 16 of 22 161.29 - 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 (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. Single Family 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between Front 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 12 feet an alley (F) Building Height Regulations. Building Height Maximum 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) City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0401 Agenda Date: 8/6/2019 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 3 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED -USE PARKING AREAS WHEREAS, the residential -only parking zone on Locust Street between Spring Street and Center Street averages 21% utilization and the residential -only zone on Lafayette Street averages 35% utilization; and WHEREAS, converting these residential -only spaces to mixed -use will allow customers of the businesses located in those areas more parking options will also increase the available public parking supply which is consistent with the goals of the Parking Master Plan; and WHEREAS, converting the paid -only parking zones on Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed -use would result in an additional 59 spaces where residential permits are valid. 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 replaces the existing Exhibit A referenced in § 72.18(A) with the proposed Exhibit A attached to this ordinance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals and enacts a new §72.18(F) as follows: "Mixed Use On -Street Parking. On street parking spaces on Spring Street from Block Avenue to West Avenue, on School Avenue from Center Street to Spring Street, on Locust Avenue from Spring Street to Center Street, on Church Avenue from Dickson Street to Meadow Street, on Lafayette Street from West Avenue to Forest Avenue, and on Vandeventer Avenue from Lafayette Street to Maple Street shall be available to the public for paid parking and to residents of the corresponding Entertainment District Parking Zone for properly permitted vehicles free of charge." City of Fayetteville, Arkansas Page 1 Printed on 81112019 File Number: 2019-0401 City of Fayetteville, Arkansas Page 2 Printed on 81112019 Justin Clay Submitted By City of Fayetteville Staff Review Form Z019-0401 Legistar File ID 7/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/20/2019 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: An ordinance amending portions of Chapter 72 of the City Code concerning residential parking designations in the Entertainment District Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Fund Project Title 201 0321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS JUL 16, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Peter Nierengarten, Environmental Director FROM: Justin Clay, Parking Manager DATE: June 20, 2019 CITY COUNCIL MEMO SUBJECT: Amending portions of Chapter 72 of the City Code concerning residential parking designations in the Entertainment District RECOMMENDATION: Staff recommends amending Chapter 72 of the City Code to convert a portion of the restricted residential -only parking areas and a portion of the paid -only on -street parking areas to mixed - use parking areas whereby parking will be available to both the public for paid parking and to residents of the appropriate Entertainment District Par ing one for properly permitted vehicles free of charge. BAC GROUND: Currently 208 on -street parking spaces function as residential -only parking spaces within the Entertainment District. The residential parking program began in 2010 and allows residents of the Entertainment District to park free of charge in certain designated spaces throughout the district. Upon providing proof of residency, a resident of the Entertainment District is eligible to obtain one (1) parking permit and two (2) guest passes not to exceed a total of four (4) permits and two (2) guest passes per residence. The residential parking area is divided into a North and South Zone within the Entertainment District, with Dickson Street serving as the dividing line. It should be noted that residential permits allow access to any of the zone's parking spaces that are designated as "residential parking" but do not allow for reserved parking in any one space. The 79 on -street spaces on Spring Street between West Avenue and Block Avenue and on School Avenue between Spring Street and Center Street operate in a "mixed -use" environment whereby parking is available to both the public for paid parking and to residents of the South Entertainment District Par ing one for properly permitted vehicles free of charge. DISCUSSION: While several residential streets see high utilization for residential parking, others do not. Two residential -only street segments see particularly low utilization: Locust Avenue between Spring Street and Center Street, and Lafayette Street between Campbell Avenue to Forest Avenue. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Recent counts show that the 22 spaces on Locust Avenue between Spring Street and Center Street average 21 % utilization. These two blocks of Locust Avenue contain eight (8) residences, three (3) of which face different streets where residential parking is also available (Meadow St. and Spring St.). There are also three (3) businesses on this portion of Locust Avenue that would likely benefit from these spaces being available to non-residents. Recent counts of Lafayette Street's 57 residential spaces between Campbell Avenue and Forest Avenue show an average utilization of 35%. Many of the approximately 25 properties along Lafayette Street have off-street parking which likely leads to the low on -street utilization. Similarly to Locust Avenue, some properties near and along Lafayette Street now function as a business whose customers would benefit from the ability to park on -street in front of the business. Converting these spaces to mixed -use is also consistent with the Parking Master Plan's goals of increasing the available public parking supply. The recommendation from the Parking Master Plan calls for some of these spaces to be converted to free parking based on the low level of utilization at the time the counts were conducted for the study. However, staff feels that a mixed -use environment is more appropriate based on current utilization levels and feels that pricing these spaces is important to prevent long-term parking by non-residents. Staff also recommends converting the following paid -only street segments to mixed -use: Vandeventer Avenue between Lafayette Street and Maple Street Lafayette Street between West Avenue and Campbell Avenue Church Avenue between Dickson Street and Meadow Street Converting these paid parking spaces to mixed -use would result in an additional 59 spaces where residential permits are valid. BUDGET STAFF IMPACT: Staff does not anticipate a budget impact. By converting residential -only spaces to mixed -use this proposal will result in the addition of 79 revenue -generating spaces. Because the residential permit program is free for residents, this increase is necessary to off -set the conversion of 59 paid -only spaces to mixed -use whereby a (free) residential permit would be valid. Staff can also manage these spaces with existing personnel and equipment. Attachments: Exhibit A Map of Proposed Changes Entertainment District Parking Zone On Street Mixed Use Parking EXHIBIT A W MAPLE ST W REGAN ST W LAFAYETTE ST w Q } F- U) w z Z) z W CENTER ST W ILA ST Q z O U) >J_ z W MEADOW ST w >w Q Q w 0 J Q U) Q O �z J O z z z z E MAPLE ST w > Q Q o W MOUNT NORD ST z U O :2 = O z = z ui J J w In a U �• 1111� •� • � w J Q 2 U w Q w Q Y � U U) O Q J w In z z W SPRING ST E CENTER ST Q PAY STATION PRIVATE - PAY PARKING, TOWING/BOOTING ENFORCED N RESIDENTIAL PARKING lv WALTON ART CENTER N MIXED USE PARKING - MIXED USE PARKING -PROPOSED PAY BY SPACE PUBLIC PAY PARKING W-* E 0 500 1,000 Feet 5/9/2019 G:\GIS2\Projects\2019\Parking Proposed Changes\MAPS\ S 72.18 - Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. The block of Ila Street between Wilson Avenue and Vandeventer Avenue is added to and is hereby made a part of the North Zone of the Entertainment District Parking Zone. (13) Definitions Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Residential par ing permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. Guest pass means the pass or authorization to park within the appropriate on -street parking zone pursuant to this section. Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. (C) Restricted Par ing Periods From 2:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street Par ing Restrictions for ost ehicles in the Entertainment District Par ing one Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on - street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special Regulations for Oversized ehicles, otorcycles, otor Scooters and Bicycles No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on -street parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (F) ixed se On -street Par in on c,, 4ng Street andcrhooiyE?P On street parking spaces on Spring Street from Block Avenue to West Avenue, aeon School Avenue from Center Street to Spring Street, on Locust Avenue from Spring Street to Center Street, on Church Avenue from Dickson Street to Meadow Street, on Lafayette Street from West Avenue to Forest Avenue, and on Vandeventer Avenue from Lafayette Street to Maple Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free Public se of Paid On -street Par ing. From 2:00 a.m. until 2:00 p.m. every day, all on -street paid parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary Guest Passes An Entertainment District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (1) Residential Par ing Permits ay of Be oaned, Transferred, Sold or sed Except on the Designated Registered ehicle Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (J) Penalty The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. (Ord. No. 5323, 6-1-10; Ord. No. 5368, 12-7-10; Ord. No. 5558, 01-03-13; Ord. No. 5598, 7-2- 13) Branson, Lisa From: Smith, Sondra Sent: Tuesday, July 16, 2019 10:46 AM To: Rogers, Kristin; Branson, Lisa Subject: FW: Lafayette Street Parking Proposal From: Scroggin, Sloan Sent: Tuesday, July 16, 2019 8:57 AM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: Fwd: Lafayette Street Parking Proposal I don't know what staff member is over seeing this but I don't know enough to digest this today by meeting time. Can this be sent to the appropriate staff and maybe CC if they decide it should be send to the full council? Thanks Sloan Scroggin ---------- Forwarded message ---------- From: Allen <cisco737(i�aol.com> Date: Jul 16, 2019 8:14 AM Subject: Lafayette Street Parking Proposal To: "Scroggin, Sloan" <ward3 poslkfUetteville-ar.gov> Cc: July 16, 2019 Dear Mr. Scroggin, I own one of the six condos at 305 W. Lafayette, located between Campbell and Rollston. Life was good when I purchase the condo in 2005. I could see Old Main; I never had any trouble finding a parking spot in front of my property; and the Hogs were competitive in the SEC West. Fast forward fourteen years - instead of Old Main's towers, I see two Sterling Apartment properties; I rarely find a parking spot on Lafayette that is less than a city block away from my front door; and the Hogs won zero SEC games last year! I have a couple of suggestions that might improve the parking situation in the Entertainment District - benefiting me and other property owners on W. Lafayette, as well as the City and visitors to the Entertainment District. Fortunately, the three parking spots in front of our condos are the most convenient to our property and to Dickson Street (the Entertainment District). Unfortunately, the three spots in front of our condos are the most convenient to Dickson Street (and, currently the most convenient Residential use parking to the residents/guests of The District Apartments). If the area in front of the District Apartments (West Street to Campbell on the south side of W. Lafayette AND West Street to Forrest on the north side of W. Lafayette) were to be re -designated mixed -use (as proposed), that should alleviate some of the parking issues (create more spaces and hopefully increase utilization). That would give the residents/guests of The District several parking spots nearer their apartments, while opening up many additional spaces to Entertainment District guests/employees. Density on W. Lafayette from Rollston to Forrest is significantly less than the density from Rollston to West Street. Additionally, there are considerably more parking spaces/residents available in this less dense area. Therefore, it is the most under-utilized parking area on W. Lafayette. It would follow that re -designation of the south side of W. Lafayette from Rollston to Forrest to mixed -use parking would have little impact the owners/residents in that area of W. Lafayette. Meanwhile, the re -designation would give visitors and employees of the Entertainment District several additional parking opportunities. I agree with your proposal to re -designate the entire length of the north side of W. Lafayette from West Street to Forrest as mixed -use parking. However, the conversion of the three residential spots in front of the condos on the south side of W. Lafayette to mixed -use parking, as proposed, would create a disproportionate burden on us - the property owners and residents. We would not only be competing for the spaces in front of our property with the residents/guest of The District Apartments, but also with any and all visitors to the Entertainment District. We, the owners, are older, mature Americans. If we don't have access to one of the three spots in front of 305 W. Lafayette, we have to cross a very busy street and/or intersection just to get to our property. Additionally, keeping the three spots in front of our condos Residential would be consistent with the designation on the west side of Rollston. Furthermore, because this current Residential parking only area is isolated between Campbell and Rollston, re -designation of the south side of W. Lafayette from West St. to Campbell and Rollston to Forrest to mixed -use would be simple and easy to control and enforce. Finally, I think there are too many Residential Permits. Access to permits should be more restrictive. Similar to current parking regulations, I recommend keeping the annual window sticker and the semi-annual hang tag. Additionally, I would add an annual hang tag (valid for the calendar year) to the mix. Property owner residents should be allowed a maximum of two (2) permits. With proof of vehicle registration, proof of payment of property taxes, and for a fee of $100 (less than $10/month), property owners residents could get two annual (12 month) permits. Property owner residents would have a choice of two annual window stickers, two annual hang tags, or one of each of the two tags. On the other hand, non -property owner residents would have only one option. With proof of vehicle registration, proof of lease, and for a fee of $250 (slightly more than $40/month), non -property owner residents would be allowed one (1) semi-annual hanging tag. This price is competitive with apartment garage parking fees, but more convenient and much less expensive than metered, mix -used fees. In summary, all of W. Lafayette from West Street to Forrest (with the exception of the three spaces on the south side of Lafayette between Campbell and Rollston), would be re -designated mixed -use parking. Property owners who reside in the Entertainment District could purchase a maximum of two annual tags for $100. Non -property owners who reside in the Entertainment District would be eligible to purchase one semi-annual hang tag for $250 ($500 annually). Thanks for allowing my input. I think I speak for the other owners of the condos at 305 W. Lafayette when I say, we want to do what's best for the City - while protecting what little sanctuary we have left! Respectfully, G. Allen Hale (c) 817.727.2340 Sent from my Wad From: Parking To: Clay, Justin Subject: Fw: Mixed use parking on Lafayette Street Date: Tuesday, July 16, 2019 7:48:37 AM From: Bill Corley <bill@williamcorley.com> Sent: Monday, July 15, 2019 8:50 PM To: Parking Cc: catherine Corley; Kinion, Mark Subject: Mixed use parking on Lafayette Street Dear Mr. Clay - Regarding your letter of July 9, we would like to offer our input herein. We also plan to attend the City Council meeting tomorrow evening to voice our concerns. The proposed changing of our residential parking from Forest Ave down to Campbell St will impose a disproportionate burden on the residents of the homes east of Mock Street for at least three reasons: 1. The homes closest to Forrest have no garages, only a small and crowded shared alley way in back. These residents have a greater need for dependable on -street parking 2. The homes east of Mock street are nearest to the Central Methodist parking deck, which provides ample parking nearby for many who use the bus stop and others. 3. The homes east of Mock street are furthest from the entertainment in comparison than the homes further west, so there's less utilization in any case. The proposed changes will diminish the residential quality of life for this block unnecessarily, and with greater negative impact than at the West end of Lafayette St' Conclusion: Instead, we ask that the mixed use parking end at the corner of West Lafayette St and Mock Street. This preserves the at -risk residential quality of life here, while also adding to the available mixed use parking on Lafayette St. My contact information is below, if you would like to speak with us about this. Respectfully, Bill Corley (479) 466-5879 80 West Lafayette St Fayetteville, Arkansas 72701 billg_williamcorley.com From: Parking To: Clay, Justin Subject: Fw: Parking situation Date: Monday, July 15, 2019 12:48:30 PM From: Sarah Chilton <sarahmchilton@gmail.com> Sent: Monday, July 15, 2019 12:06 PM To: Parking Subject: Parking situation Hey Justin. My name is Sarah Chilton, and my husband and I live at 120 W. Lafayette St. I have some concerns with the parking initiative. We are given 1 sticker and 2 tags for our residence. Leaving my husband and I with only 1 guest parking spot (I've even asked to PURCHASE more parking passes for guests since our street is always empty- but was denied, which seems ludicrous to me since the city would be making money and using the empty spots). I understand mixed use parking could help non-residents who are struggling to find parking. That being said, we would need to be ensured that the parking spots in front of our house are reserved for only us, since we don't have a driveway, and most of the houses on our streets don't have a driveway. I went to the UofA, and I understand how difficult parking can be. BUT what won't be ok is if the residents who live on our street aren't given their own personal spots because of the change the city wants to make. I shouldn't have to carry groceries and other large objects two blocks from my house because of non-residents filling up the spots. We all pay our taxes to live in this historic district where there are few driveways. It would be wrong if it's made to be mixed parking and the residents struggle. That's how we feel and how our neighbors that I have spoken with feel. You can utilize the extra parking, but don't punish the residents who pay their taxes to live there. We are entitled a certain number of reserved spots by our house. We aren't the general public who should have to hunt for spots. Thank you. -Sarah Chilton From: Parking To: Clay, Justin Subject: Fw: Dual use Date: Monday, July 15, 2019 12:57:34 PM email from Larry Weathers, 305 W Lafayette From: Yahoo Email <Iwwmd131313@yahoo.com> Sent: Monday, July 15, 2019 9:53 AM To: Parking Cc: cisco737@aol.com; LA SEMINOLITA Subject: Dual use Thanks for listening too me concerning changing parking in front of 305 West Lafayette condos to dual use. There are only six condos. My concerns as we discussed are as follows if they are made dual use: 1 we already have to deal with the high rise next door when they use our lot as a drop off zone for 20 to 30mins while they drop off or pick up someone who lives there leaving their car running. 2 when someone is parking in our lot , we have to stay there if we have them towed punishes us NOT them. 3 many of the residents in the top four 305 Lafayette need to park in front because of age and disability reasons.(steep steps) 3 these spaces are prime spaces on the weekends when we come to visit because of proximity to Bordinos and Theos and university Baptist and even the Walton arts and in the weekend we will always have to compete with them to park in front of our condos. 4 We already have to deal with the large amount of traffic noise and activity from the high rise next door. 5 If these spots are made dual use , it would be a huge hurdle to get them changed back through the council since we are a tiny voice. My suggestion would be to keep the 3 spots in front of 305 West Lafayette and 10 spots across the street as they are to protect the property of 305 W Lafayette and the owners too our north and east out of respect. Most of us have our condos because we love and support the Hogs and Funky Fayetteville. Please do not change these to dual use. Thanks Kay and Larry Weathers Sent from my iPhone From: Smith, Sondra To: Nierenaarten, Peter; Clay, Justin Subject: FW: Lafayette Street Parking Proposal Date: Tuesday, July 16, 2019 10:44:41 AM Do you want me to send this to the City Council? From: Scroggin, Sloan Sent: Tuesday, July 16, 2019 8:57 AM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: Fwd: Lafayette Street Parking Proposal I don't know what staff member is over seeing this but I don't know enough to digest this today by meeting time. Can this be sent to the appropriate staff and maybe CC if they decide it should be send to the full council? Thanks Sloan Scroggin ---------- Forwarded message ---------- From: Allen <cisco737 cni aol.com> Date: Jul 16, 2019 8:14 AM Subject: Lafayette Street Parking Proposal To: "Scroggin, Sloan" <ward312os 1 nfayetteville-ar.gov> Cc: July 16, 2019 Dear Mr. Scroggin, I own one of the six condos at 305 W. Lafayette, located between Campbell and Rollston. Life was good when I purchase the condo in 2005. I could see Old Main; I never had any trouble finding a parking spot in front of my property; and the Hogs were competitive in the SEC West. Fast forward fourteen years - instead of Old Main's towers, I see two Sterling Apartment properties; I rarely find a parking spot on Lafayette that is less than a city block away from my front door; and the Hogs won zero SEC games last year! I have a couple of suggestions that might improve the parking situation in the Entertainment District - benefiting me and other property owners on W. Lafayette, as well as the City and visitors to the Entertainment District. Fortunately, the three parking spots in front of our condos are the most convenient to our property and to Dickson Street (the Entertainment District). Unfortunately, the three spots in front of our condos are the most convenient to Dickson Street (and, currently the most convenient Residential use parking to the residents/guests of The District Apartments). If the area in front of the District Apartments (West Street to Campbell on the south side of W. Lafayette AND West Street to Forrest on the north side of W. Lafayette) were to be re- designated mixed -use (as proposed), that should alleviate some of the parking issues (create more spaces and hopefully increase utilization). That would give the residents/guests of The District several parking spots nearer their apartments, while opening up many additional spaces to Entertainment District guests/employees. Density on W. Lafayette from Rollston to Forrest is significantly less than the density from Rollston to West Street. Additionally, there are considerably more parking spaces/residents available in this less dense area. Therefore, it is the most under-utilized parking area on W. Lafayette. It would follow that re -designation of the south side of W. Lafayette from Rollston to Forrest to mixed -use parking would have little impact the owners/residents in that area of W. Lafayette. Meanwhile, the re -designation would give visitors and employees of the Entertainment District several additional parking opportunities. I agree with your proposal to re -designate the entire length of the north side of W. Lafayette from West Street to Forrest as mixed -use parking. However, the conversion of the three residential spots in front of the condos on the south side of W. Lafayette to mixed -use parking, as proposed, would create a disproportionate burden on us - the property owners and residents. We would not only be competing for the spaces in front of our property with the residents/guest of The District Apartments, but also with any and all visitors to the Entertainment District. We, the owners, are older, mature Americans. If we don't have access to one of the three spots in front of 305 W. Lafayette, we have to cross a very busy street and/or intersection just to get to our property. Additionally, keeping the three spots in front of our condos Residential would be consistent with the designation on the west side of Rollston. Furthermore, because this current Residential parking only area is isolated between Campbell and Rollston, re -designation of the south side of W. Lafayette from West St. to Campbell and Rollston to Forrest to mixed -use would be simple and easy to control and enforce. Finally, I think there are too many Residential Permits. Access to permits should be more restrictive. Similar to current parking regulations, I recommend keeping the annual window sticker and the semi-annual hang tag. Additionally, I would add an annual hang tag (valid for the calendar year) to the mix. Property owner residents should be allowed a maximum of two (2) permits. With proof of vehicle registration, proof of payment of property taxes, and for a fee of $100 (less than $10/month), property owners residents could get two annual (12 month) permits. Property owner residents would have a choice of two annual window stickers, two annual hang tags, or one of each of the two tags. On the other hand, non -property owner residents would have only one option. With proof of vehicle registration, proof of lease, and for a fee of $250 (slightly more than $40/month), non - property owner residents would be allowed one (1) semi-annual hanging tag. This price is competitive with apartment garage parking fees, but more convenient and much less expensive than metered, mix -used fees. In summary, all of W. Lafayette from West Street to Forrest (with the exception of the three spaces on the south side of Lafayette between Campbell and Rollston), would be re- designated mixed -use parking. Property owners who reside in the Entertainment District could purchase a maximum of two annual tags for $100. Non -property owners who reside in the Entertainment District would be eligible to purchase one semi-annual hang tag for $250 ($500 annually). Thanks for allowing my input. I think I speak for the other owners of the condos at 305 W. Lafayette when I say, we want to do what's best for the City - while protecting what little sanctuary we have left! Respectfully, G. Allen Hale (c) 817.727.2340 Sent from my iPad From: Parking To: Clay, Justin Subject: Fw: Mixed Use Parking Date: Tuesday, July 16, 2019 12:10:57 PM From: Bridewell<bridewellattorneys@sbcgloba1.net> Sent: Tuesday, July 16, 2019 11:12 AM To: Parking Subject: Mixed Use Parking Justin Clay Parking Manager City of Fayetteville Re: Mixed Use Parking Dear Mr. Clay, I own a residence at 221 N. Locust and I object to the mixed use parking. My basis is that I am 66 yrs old and have difficulty finding a parking spot as it is. I like to park near my place since I have had two knee replacements. Too much traffic on the street already. On March 15, 2018, a fast moving vehicle left Dickson Street striking my daughters red Honda in the rear as it was parked lawfully in a proper space causing $13,000 worth of damage. This was a hit and run accident. It would appear the person striking the automobile was driving too fast on this crowded street and/or had too many beverages on Dickson Street resulting in his/her leaving the scene of accident. If you would like to see photos please advise. For the above reasons, I object to the mix use parking. Should you have any questions, I can be reached by cell at 870-265-1788. Cordially, Robert G. Bridewell RGB/Ijo Linda Jo Armstrong Robert G. Bridewell Attorney, PLC PO Box 391 Lake Village, AR 71653 870-265-3835 870-265-3140 fax NOTICE: This e-mail message or fax transmission and any attachment contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail, fax or any attachments to it. If you have received this email or fax in error, please immediately notify us by return email or by telephone at 870.265.3835 and delete this message. Please note that if this email message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Robert G. Bridewell Attorney, PLC. This notice is automatically appended to each email or electronically produced fax message leaving Robert G. Bridewell Attorney, PLC. Thank You! From: Parking To: Clay, Justin Subject: Fw: Parking Date: Tuesday, July 16, 2019 2:38:03 PM From: gjiles@millarjileslaw.com <gjiles@millarjileslaw.com> Sent: Tuesday, July 16, 2019 1:53 PM To: Parking Subject: Parking Dear Sir/Madam, I am a property owner and resident of 221 North Locust, Unit 2, Fayetteville, Arkansas. It is often very difficult to find parking on Locust Avenue from Dickson Street to Spring Street, and will become even more difficult in the event that parking on Locust Avenue from Spring Street to Center Street is converted to "mixed use" use parking. Between Walton Arts Center Events and nightlife parking, often times you cannot find parking for the residence and guests in our townhomes. If parking becomes mixed -use, the residents, tenants and guests from Spring Street to Center Street will begin parking on Locust between Dickson and Spring Street making our ability to park almost impossible. One of the reasons we choose to live where we live is the reserved spots for residents only. If you take that away, you not only decrease our property values, you also, make it to where ourselves and our guests will dine and shop less often in the area. Please do not allow this change. Gary D. Jiles MILLAR JILES, LLP Attorneys At Law The Frauenthal Building 904 Front Street Conway, Arkansas 72032 Phone: (501) 3291133 Fax: (501) 329-1166 Email: gjiles(@millarjileslaw.com The information contained in this electronic message contains confidential information protected by the attorney -client privilege, the attorney work product privilege and is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended solely for the addressee(s) hereof and privileges are not waived by transmission hereof and receipt by unintended persons. If this transmission is received in error, please delete the message immediately, without review, copying, printing, or retransmission and notify us by return email or by phone at 501.329.1133. Please note that, if this electronic message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or attachments may not have been produced by MillorJiles, LLP. Receipt of electronic mail or reply to electronic mail does not establish an attorney -client relationship between sender and recipient. This notice is automatically appended to each electronic message from this sender. WE ARE REQUIRED BY IRS CIRCULAR 230 TO INFORM YOU THATANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY YOU OR ANY OTHER TAXPAYER FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE i►►v►l�icy�.ir�►�►.»:»�.»:��►�r_�►:#JF►►9 From: Parking To: Clay, Justin Subject: Fw: Opposition to change in parking along Locust from Dickson to Center Date: Tuesday, July 16, 2019 2:40:43 PM From: Cathy Gates <cathyrgates@outlook.com> Sent: Tuesday, July 16, 2019 2:19 PM To: Parking Subject: Opposition to change in parking along Locust from Dickson to Center In reference to your correspondence dated July 9, 2019, we are opposed to a change from residential -only to mixed use parking on Locust from Spring to Center. We have a residence at 221 N. Locust. As you are aware, there are a number of multi -family dwellings along this corridor. Any decrease in residential -only parking spaces would potentially result in a decline in our property values and cause a great inconvenience for those that reside along this corridor. We have a strong preference that parking along Locust from Dickson to Center remain residential only. Thank you for your consideration. Cathy Rogers Gates 2740 East 41st Street Tulsa, Oklahoma 74105 cathvrgates(@outlook.com 918 671 7343 From: Parking To: Clay, Justin Subject: Fw: parking changes Date: Tuesday, July 16, 2019 3:25:34 PM From: Christy Bray <christybray@sbcgloba1.net> Sent: Tuesday, July 16, 2019 2:46 PM To: Parking Subject: parking changes I object to changing any street parking on Locust St. to mixed use. These areas seem only stressed on game days or large gathering days. All other times there are many open spots and the Spring St. parking deck is available. On big event days there is never enough parking and often I have to walk a long ways to my house. This affects my property values as well. Adding more public parking here on big event days will make this even more of an issue. Please do not change Locust St. parking to mixed use. Christy Bray 221 N. Locust St., #6 501-517-4683 christybray@sbcgobal.net Mail - jclay@fayetteville-ar.gov Page 1 of 1 Fwd: Parking on locust Jeremy Hudson <jeremy@specializedreg.com> Tue 7/16/2019 9:05 PM To:Clay, Justin <jclay@fayetteville-ar.gov>; Justin, meant to cc you on this ---------- Forwarded message --------- From: Jeremy Hudson <: ei remy specializedrea.com> Date: Tue, Jul 16, 2019, 7:34 PM Subject: Parking on locust To: Matthew Petty <matt@matthewpetty.orcq>, Matthew Petty <matthew@infillgroup.com>, < ward2 post@fayetteville-ar.gov> Mark and Matthew, Just a note to say I support making the parking on locust available for residential and business purposes. As a business owner in the area, the parking, which is almost completely empty during the day, would help our business continue to grow and add employment to the downtown economy. Sincerely Thank you https://outlook.office365.com/owa/?path=/mail/inbox 7/ 17/2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0358 Agenda Date: 8/6/2019 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 4 AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS: AN ORDINANCE TO AMEND CHAPTER 157, NOTIFICATION AND PUBLIC HEARINGS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY EXPANDING THE NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS ON APPLICATIONS FOR DEVELOPMENTS, ANNEXATIONS, ZONING MAP AMENDMENTS, CONDITIONAL USE PERMITS, ZONING VARIANCES, AND LARGE SITE IMPROVEMENT PLANS WHEREAS, in many instances the impacts of proposed land use changes may affect property owners beyond those immediately adjacent to the property on which the change is requested and staff recommends expanding the notification requirements contained in the Unified Development Code. 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 §157.01(B)(5) and enacts a replacement § 157.01(B)(5) as follows: "In the event that the applicant fails to mail a notice to a landowner or otherwise fails to comply with the written notice required in this section, the landowner may waive such notice by submitting a written waiver to the Planning Division prior to the hearing or by appearing at the hearing." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §157.02(C)(1) and enacts a replacement § 157.02(C)(1) as follows: "Who Gets Notice. Notice of the proposed development shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals §157.03(B)(1) and enacts a replacement §157.03(B)(1) as follows: "Who Gets Notice. Notice of the proposed annexation or zoning map amendment shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed." City of Fayetteville, Arkansas Page 1 Printed on 81112019 File Number: 2019-0358 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals §157.05(B)(1) and enacts a replacement §157.05(B)(1) as follows: "Who Gets Notice. Notice of the proposed conditional use permit shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby strikes the reference to "manufactured and mobile homes" from §157.05(C)(1). Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §157.07(B)(1) regarding notification for Board of Adjustment hearings on zoning variances and appeals and enacts a replacement §157.07(B)(1) as follows: "Who Gets Notice. Notice of the proposed variance or appeal shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 157.11(C)(1) regarding notification for large site improvement plans and enacts a replacement §157.11(C)(1) as follows: "Who Gets Notice. Notice of the proposed development shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed." City of Fayetteville, Arkansas Page 2 Printed on 81112019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0358 Legistar File ID 7/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2019 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Amendment to Chapter 157- Notifications and Public Hearings. Change notification requirements for public hearings. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: ►i CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUL 16, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Garner Stoll, Development Services Director Andrew Garner, City Planning Director DATE: June 10, 2019 SUBJECT: Amendment to Chapter 157- Notifications and Public Hearings. Change notification requirements for public hearings. RECOMMENDATION: Staff is recommending changing the notification requirements from "adjacent property owners" to "all landowners within 200 feet of the boundary line of the property on which the use is proposed" for 157.02 Development, 157.03- Annexation and Zoning Map Amendments, 157.05 Conditional Use Permits, 157.07 Board of Adjustment, and 157.11 Large Site Improvement Plan. Staff is recommending amending 157.05 (C) (1) to remove "manufactured and mobile homes" from the list of special uses that require 500-foot surrounding property owner notification. BAC GROUND: In many instances impacts of proposed land use changes my effect property owners beyond those immediately adjacent on which the change is requested. A 200-foot radius notice requirement is common practice with our peer communities and results in significantly more property owners notified. Analysis of three recent rezoning applications comparing the present number of property owner notifications to the proposed 200-foot radius resulted in the following increases in property owners notified: Adjacent 200-foot radius 19-6553 510 S. College 5 28 19-6552 3220 Old Farmington Rd. 14 25 19-6640 3231 West MLK Blvd 16 18 As might be expected, the increase in number of notifications resulting from the proposed change is greater in fully developed areas than in low density out -lying areas. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Under Chapter 157 the applicant is responsible for obtaining property owner lists and completing the required notifications. Planning staff presently assists applicants by checking the accuracy of notifications letters and property owner lists. If City Council approves the proposed amendments staff would propose to delegate to the applicant the certification of the accuracy of the property owner lists. The present ordinance is clear that incomplete notification can result in a need for rehearing an application and is the applicant's responsibility. BUDGET STAFF IMPACT: If implemented as recommended, there is no budget impact. Attachments: UDC Chapter 157 (with underlines and strikeouts) CHAPTER 157: - NOTIFICATION AND PUBLIC HEARINGS 157.01 - General Requirements/Information (A) Purpose. Notification is to be provided for public hearings in accordance with the requirements herein. The purpose of providing notification of public hearings is to ensure that all applications comply with state statutes and that affected or interested property owners are notified of the action being considered. (1) The applicant shall be responsible for public notification as required herein. In calculating the time period for public notification the day of publishing, posting, or mailing shall be counted toward the total number of days required. The day of the hearing shall not be counted toward this total. (2) The degree of accuracy required for the information contained in these public notices shall be that of substantial compliance with the provisions of this section. Substantial compliance for these public notices shall be determined by the Zoning and Development Administrator. (3) In the event the applicant does not provide notice as required herein, the requested application may not be considered until all notification requirements are met. (B) Written Notice. Notice shall include the following information, unless specific requirements herein provide otherwise: (1) The applicant shall mail a written notice of the hearing by first-class mail to the address all landowners within 200 feet of the boundary line of the property on which the use is proposed. adjacent landowner as such address is shown in the records of the Washington County Assessor's Office. Adjacent landowners include those across street rights -of -way, excluding interstates. (2) Notice shall include the following information, unless specific requirements herein provide otherwise: (a) Project Description. Brief written description of the project or request, project type, and location. (b) Use. The proposed use of the property. (c) Zoning. Current zoning. (d) Size. Acreage of project. (e) Density/Intensity. Include number of residential units and/or square feet of nonresidential use(s), as applicable. (f) Public Hearing. Time, date, place, and location of public hearing. (g) Name. The property owner's and/or the developer's name. (h) Review Location. City of Fayetteville Planning Division, 479-575-8267, 125 W. Mountain Street, Fayetteville, AR 72701. Monday -Friday 8AM-5PM. (3) By the revision submittal prior to the hearing, the applicant shall provide the following to the Planning Division: (a) Alphabetical list of the landowners receiving notification; (b) Map showing the landowners' relationship to the site; (c) Copy of the notice sent to the landowners; and (d) Certificates of mailing. (4) The person completing the mailing of the written notice shall provide a certificate of mailing. Such certificate shall read as follows: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of he attached written notice was placed in the U.S. mail, first-class, postage prepaid this day of , 20_, and addressed as follows: ( list of addresses ) ( signature of person completing the mailing ) (5) In the event that the applicant fails to mail a notice to an adjaeent landowner or otherwise fails to comply with the written notice required in this section, the adjacent landowner may waive such notice by submitting a written waiver to the Planning Division prior to the hearing or by appearing at the hearing. (C) Posted Notice. The applicant shall post a notice on the land for which the use is requested. (1) The notice shall consist of at least one (1) sign adjacent to the street, unless otherwise determined by the Planning Division. The sign shall be placed in a visibly prominent location no more than 10 feet from the street, and shall not impede the vision of drivers or pedestrians. (2) In the event the staff planner determines a sign cannot be placed adjacent to such street and be visible to the public or that there is no adjacent public or private street open for travel, the staff planner may require an alternate location for a sign. (3) Additional signs may be required by the staff planner, especially in the case of properties with multiple street frontages, to ensure nearby property owners are well-informed. (4) Signs shall be made available to the applicant by the Planning Division. A $5.00 fee per sign shall be remitted by the applicant. (5) By the revision submittal prior to the hearing, the applicant shall submit a certificate of sign posting to the Planning Division. The sign(s) shall be photographed by the applicant and attached to the certificate as follows: CERTIFICATE OF SIGN POSTING ( attach photo here ) ( sign lettering must be legible in photo ) I, ( applicant/representative/person posting sign ), attest that the above sign was posted on ( date ) adjacent to ( name of street ). ( signature ) File No./Name: ( signature of person completing the sign posting ) IN The Planning Division will be responsible for retrieval of signs after the hearing; if a hearing is postponed, the applicant will be notified when a new sign has been created. The applicant shall then be responsible for posting the new date of the hearing in accordance with the criteria herein. IN Who May Be Heard. Any person desiring to be heard at a public hearing may appear in person, by agent, or by attorney. (E) Additional Notification Required. In the event a project is tabled and a date for the new public hearing is not set at a public meeting, all notification requirements shall again be required pursuant to Chapter 157. (Ord. No. 4100, §2 (Ex. A), 6-16-98; ord. 5183, 10-7-08) 157.02 - Development Notification of public hearings for development applications shall occur as follows: (A) Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee and/or Planning Commission, in accordance with the Unified Development Code the established bylaws of the Planning Commission. (B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent plats, and large scale developments. If an application does not require a public hearing, notification is not required. (C) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed development shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed. all adjaGent lan ewn (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) Large Scale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. (Code 1965, App. C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App. C., Art. V, §F; Ord. No. 1747, 6- 29-70; Ord. No. 1750, 7-6-70; Ord. No. 1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582, 12-4-79; Ord. No. 2603, 2-19-80; Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 11-17-81; Ord. No. 2980, 2-7-84; Ord. No. 3128, 10-1-85; Ord. No. 1747, 6-29-70; Code 1991, §§159.54, 159.68, 160.032, 160.035, 160.121(L), (M), 160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §§6, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No. 5296, 12-15- 09; Ord. No. 5653, 01-21-14) 157.03 - Annexation And Zoning Map Amendments Notification of public hearings for annexation petitions and zoning map amendments (including planned zoning districts) shall occur as follows: (A) Public Hearing Required. Upon receipt of a petition for an annexation or an amendment to the zoning map, the Planning Commission shall hold a public hearing on the proposed amendment. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed annexation or zoning map amendment shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed. a4 (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice in a newspaper of general circulation in the city, at least one time, at least fifteen (15) days prior to Planning Commission. (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No. 5920, §1, 10-18-16) 157.04 - Indefinitely Tabled Rezoning Ordinance If the City Council removes from the table any indefinitely tabled rezoning ordinance, the City Council may not pass this ordinance at that meeting. The applicant shall be required to repost the Planning Department's notice signs within six (6) days of the removal of the item from the table and at least seven (7) days before the City Council meeting when the rezoning ordinance will again be considered. (Ord. No. 5920, §2, 10-18-16) Editor's note— Ord. No. 5920, §§ 1 and 2, adopted Oct. 18, 2016, repealed §157.04 and added a new section as set out herein. The former §157.04 pertained to planned zoning district and derived from App. A., Art. 7(10), (20) of the 1965 Code; Ord. No. 1747, adopted June 29, 1970; Ord. No. 1880, adopted Aug. 15, 1972; Ord. No. 2486, adopted Nov. 21, 1978; Ord. No. 2605, adopted Feb. 19, 1980; §§160.085, 160.090, 160.095, 160.096 of the 1991 Code; Ord. No. 3716, §3, adopted June 15, 1993; Ord. No. 3780, §1, adopted April 19,1994; Ord. No. 4100, § 2 (Ex. A), adopted June 16, 1998; Ord. No. 4178, adopted Aug. 31, 1999; Ord. No. 5183, adopted Oct. 7, 2008; Ord. No. 5654, adopted Jan. 21, 2014. 157.05 - Conditional Use Permit Notification of public hearings for conditional use permits shall occur as follows: (A) Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of a conditional use permit. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed conditional use permit shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed. all adjaeent IaA '^;•0^^.rS (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; Facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprise; #ernes; outdoor music establishments; sexually oriented business; (a) Who Gets Notice. All landowners within 500 feet of the boundary line of the property on which the use is proposed. (Code 1965, § 18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925, §1, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No 1779, 2-01-71; Ord. No. 5127, 4-1-08; Ord. No. 5183, 10-7-08) 157.06 - Vacations Of Rights -Of -Way And Easements (A) Public Hearing Required. The City Council shall hold a public hearing, after receiving a recommendation by the Planning Commission, on applications requesting vacation of rights -of -way or easements. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed vacation shall be given by the applicant to all persons owning property adjacent to a utility easement and all property owners adjacent to or within the same block as a public right-of-way. Adjoining property notification forms with responses shall be submitted to the Planning Division with the vacation application. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (c) Published Notice. Notice of the City Council hearing shall be published, by the City Clerk, in a newspaper of general circulation in the city prior to the City Council hearing. (Code 1965, App. A., Art. 10(2); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §§160.172, 162.03; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Ex. A.), 6-16-98; Ord. No. 5183, 10-7-08) 157.07 - Board Of Adjustment Notification of public hearings for zoning variances and appeals shall occur as follows: (A) Public Hearing Required. Upon receipt of a petition for a variance or appeal of staff decisions/interpretations concerning Zoning, Chapters 160 through 165, the Board of Adjustment shall hold a public hearing. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed variance or appeal shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed. all adjacent landewneFs (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least seven (7) days prior to the meeting of the Board of Adjustment. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least seven (7) days prior to the meeting of the Board of Adjustment. Proof of notice shall be provided as required by this chapter. (3) Airport Zone. The city shall publish the variance or appeal request in a local newspaper of general circulation in the city at least fifteen (15) days prior to the public hearing. (Code 1965, §13B-13; Ord. No. 1859, 3-20-72; Code 1991, §156.077; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08) 157.08 - Unified Development Code Amendments. Amendments to the Unified Development Code shall follow the procedures established by Ch. 154: Amendments, of the Unified Development Code, and require a public meeting by the City Council. All notification shall follow applicable state statutes and city ordinances. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17-98; Ord. No. 5183, 10-7-08) 157.09 - Manufactured Homes And Manufactured Home Parks Whenever the enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provision of Chapter 175, or any regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the owner of the park and to the person to whom the operator's permit was issued, as hereinafter provided. (B) Such notice shall: (1) Be in writing; (2) Include a statement of the reasons for its issuance; (3) Allow a reasonable time for the performance of any act it required; (4) Be served upon the owner and the operator; provided, that such notice or order shall be deemed to have been properly served upon such owner or operator when a copy thereof has been sent by certified mail to their last known address, or when they have been served with such notice by any other method authorized or required by the laws of the state; and, (5) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of Chapter 175 and with regulation adopted pursuant thereto. (Code 1965, §13B-13; Ord. No. 1859, 3-20-72; Code 1991, §156.077; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08) 157.10 - Fire Prevention Code Blasting. In addition to the requirements and regulations provided in the Fire Prevention Code, the applicant for a blasting permit shall notify all residential property owners located within 200 yards of a blasting site. Notification may be personal contact, or by written notice left at the residence and shall contain the dates of any blasting activity. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17-98; Ord. No. 5183, 10-7-08) 157.11 - Large Site Improvement Plan Notification of review for Large Site Improvement Plan application shall occur as follows: (A) Public Hearing. A public hearing shall not be required. (B) Applicability. Notification is required for a Large Site Improvement Plan. (C) Notice of Large Site Improvement Plan. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed development shall be given to all landowners within 200 feet of the boundary line of the property on which the use is proposed. all adjaeent landowners. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided no later than the date of Technical Plat Review Committee at which the item is considered. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice no later than the date of Technical Plat Review Committee at which the item is considered. Proof of notice shall be provided as required by this chapter. (D) Public Review Period. The public review period shall consist of seven (7) days, beginning upon the date the item appears before the Technical Plat Review Committee. The Large Site Improvement Plan application shall not be approved within the public review period in order to allow adequate time for a review and comment. (E) Public Notification of Approval. The Planning Division's administrative approval of a Large Site Improvement Plan shall be placed as an informational item on the agenda of the Subdivision Committee or Planning Commission, and constitutes the final decision of the Zoning and Development Administrator regarding the development application. (Ord. No. 5296, 12-15-09) 157.12-157.99 - Reserved 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Don Marr, Chief of Staff Jodi Batker Garner Stoll, Development Services Director Paralegal FROM: Kit Williams, City Attorney DATE: July 30, 2019 RE: Amendment of "Who gets notice" provisions of U.D.C. Pursuant to the City Council's suggestion that development/rezoning notices are also furnished to possible tenants of structures within 200 feet of the boundary line on which the use or development is proposed, Development Services Director Garner Stoll has suggested the following amendment for all such notice provisions in the U.D.C. "Who gets notice. Notice of the proposed development shall be given to all landowners and renters with se crate addresses within 200 feet of the boundary line of the property for which the use is proposed. Renters with separate addresses shall be notified by first class letter addressed to the "current resident" to each address found in the City's address point file." If this language is satisfactory, a Council Member will need to move to amend the currently proposed language to this amended version at the City Council meeting. If anyone desires different language, please consult with Garner or me. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0446 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C. 1 2020 EMPLOYEE BENEFITS PACKAGE: A RESOLUTION TO APPROVE THE 2020 EMPLOYEE BENEFITS PACKAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the 2020 employee benefits package as recommended in the staff memorandum attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Michele Bechhold Submitted By City of Fayetteville Staff Review Form 2019-0446 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2019 HUMAN RESOURCES (120) Submitted Date Division / Department Action Recommendation: Staff recommends Council approve the proposed 2020 employee benefits renewals as proposed in the staff memo. Budget Impact: xxxx.xxx.xxxx-5108.xx Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Does item have a cost? NA Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Balance Item Cost Budget Adjustment Remaining Budget Citywide Fund Project Title $ 5,983,363.00 $ 3,369,791.18 $ 2,613,571.82 2,613,571.82 V20180321 Previous Ordinance or Resolution # Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Michele Bechhold, Interim HR Director DATE: July 17, 2019 SUBJECT: 2020 Employee Benefits Renewals CITY COUNCIL MEMO RECOMMENDATION: Staff recommends Council approve the employee benefits package for 2020 as outlined below and in the attached spreadsheets. DISCUSSION: Staff and Gallagher Benefit Services, the City's benefits broker, have reviewed the annual renewals for employee insurance plans. Employee benefit renewals are brought forward at this time to ensure the annual open enrollment may proceed according to schedule. Health Insurance The one year look back period of the City's health claims shows an 83% utilization rate of claims paid versus premium paid. Under the City's current renewal rate guarantee with Arkansas Blue Cross Blue Shield, this utilization rate results in a 0% premium increase for 2020. Please refer to the attached spreadsheets for the recommended 2020 tier rates which reflect no changes to cost sharing with employees or premium amounts from 2019. Staff and the broker recommend renewing with Arkansas Blue Cross Blue Shield for 2020 with no changes to the premiums or cost share amounts. COBRA Staff recommends renewing with WageWorks as the administrator for COBRA/Retirees billing and administration. City Paid Life and LTD Benefits Staff recommends One America continue to provide City Paid Life Insurance and Long Term Disability insurance for employees with no price changes. These policies are not due for renewal this year. Flexible Spending Accounts Staff recommends American Fidelity continue as the administrator of Flexible Spending Accounts with no cost for services. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Health Savings Accounts Staff recommends First Security Bank continue as the administrator of Health Savings Accounts with no cost for services. Employee Paid Dental Insurance Staff recommends renewing with Delta Dental. The renewal includes a 4% increase in rates. Please refer to the attached spreadsheet for tier rates. Employee Paid Vision Insurance Staff recommends Superior Vision continue with no price increase. Voluntary Employee Paid Benefits Staff recommends continuing to offer optional, employee paid Short Term Disability coverage and Employee Paid Life Insurance through One America with no price increase. Supplemental Benefits Paid by Employees Staff recommends continuing to offer additional supplemental benefits to employees through American Fidelity. Disability Income Insurance Accident Only Insurance Cancer Insurance Critical Illness Insurance Life Insurance AF Term Life Insurance AF Permanent Life Insurance Hospital Gap Insurance BUDGET/STAFF IMPACT: The cost of these planned insurance/benefit items are being budgeted in the City's 2020 budget. Attachments: • 2019 & 2020 Health Insurance Costs • 2020 Health Insurance Annualized Cost • 2019 & 2020 Dental Insurance Cost Comparison Traditional PPO - 1000 Deductible PPO Rate Tier Total Monthly Premium Monthly Employee Contribution Monthly Employer Contribution Employee Employer Cost- Share 2019 and 2020 Employee Only $643.26 $163.94 $479.32 25.49% 74.51% 2019 and 2020 Employee + Spouse $1,402.60 $529.44 $873.16 37.75% 62.25% 2019 and 2020 Employee + Child(ren) $1,157.84 $437.04 $720.80 37.75% 62.25% 2019 and 2020 Family $1,909.00 $720.601 $1,188.40 37.75% 62.25% Traditional PPO - 2000 Deductible PPO Rate Tier Total Monthly Premium Monthly Employee Contribution Monthly Employer Contribution Employee Employer Cost- Share 2019 and 2020 Employee Only $594.92 $151.62 $443.30 25.49% 74.51% 2019 and 2020 Employee + Spouse $1,297.18 $489.66 $807.52 37.75% 62.25% 2019 and 2020 Employee + Child(ren) $1,070.84 $404.20 $666.64 37.75% 62.25% 2019 and 2020 Family 1 $1,765.561 $666.441 $1,099.12 37.75% 62.25% Traditional PPO - 4000 Deductible PPO Rate Tier Total Monthly Premium Monthly Employee Contribution Monthly Employer Contribution Employee Employer Cost- Share 2019 and 2020 Employee Only $602.20 $153.48 $448.72 25.49% 74.51% 2019 and 2020 Employee + Spouse $1,313.02 $495.64 $817.38 37.75% 62.25% 2019 and 2020 Employee + Child(ren) $1,083.92 $409.14 $674.78 37.75% 62.25% 2019 and 2020 Family 1 $1,787.121 $674.581 $1,112.54 37.75% 62.25% High Deductible Health Plan - 3000 Deductible HDHP Rate Tier Total Monthly Premium Monthly Employee Contribution Monthly Employer Contribution Employee Employer Cost- Share Employers Monthly Health Savings Account Contribution Total Employer Monthly Contribution Premium Health Savings Account Contribution 2019 and 2020 Employee Only $339.34 $47.70 $291.64 14.06% 85.94% $70.80 $362.44 2019 and 2020 Employee + Spouse $731.88 $108.88 $623.00 14.88% 85.12% $106.66 $729.66 2019 and 2020 Employee + Child(ren) $554.42 $82.481 $471.941 14.88% 85.12% $132.501 $604.44 2019 and 2020 Family $1,027.76 $152.901 $874.861 14.88% 85.12% $156.661 $1,031.52 High Deductible Health Plan - 4000 Deductible HDHP Rate Tier Total Monthly Premium Monthly Employee Contribution Monthly Employer Contribution Employee Employer Cost- Share Employers Monthly Health Savings Account Contribution Total Employer Monthly Contribution Premium Health Savings Account Contribution 2019 and 2020 Employee Only $314.70 $44.24 $270.46 14.06% 85.94% $70.80 $341.26 2019 and 2020 Employee + Spouse $678.72 $100.98 $577.74 14.88% 85.12% $106.66 $684.40 2019 and 2020 Employee + Child(ren) 1 $514.121 $76.481 $437.641 14.88% 85.12% $132.501 $570.14 2019 and 2020 Family 1 $953.081 $141.801 $811.281 14.88% 85.12% $156.66 $967.94 2020 Health Insurance Annualized Cost ANNUALIZED CALCULATIONS Current Employee Participants (Excludes COBRA and Retirees, since they pay 100% for their coverage) ANNUAL Cost to City at 2020 rates based on June 2019 Employee Participants and Plans (Excluding Health Savings Account Contributions) PPO 1000 Employee Only 46 $264,584.64 PPO 1000 Employee + Spouse 7 $73,345.44 PPO 1000 Employee + Child(ren) 2 $17,299.20 PPO 1000 Family 5 $71,304.00 PPO 2000 Employee Only 0 $0.00 PPO 2000 Employee + Spouse 2 $19,380.48 PPO 2000 Employee + Child(ren) 0 $0.00 PPO 2000 Family 0 $0.00 PPO 4000 Employee Only 1 $5,384.64 PPO 4000 Employee + Spouse 0 $0.00 PPO 4000 Employee + Child(ren) 0 $0.00 PPO 4000 Family 0 $0.00 HDHP 3000 Employee Only 228 $797,927.04 HDHP 3000 Employee + Spouse 83 $620,508.00 HDHP 3000 Employee + Child(ren) 53 $300,153.84 HDHP 3000 Family 235 $2,467,105.20 HDHP 4000 Employee Only 4 $12,982.08 HDHP 4000 Employee + Spouse 2 $13,865.76 HDHP 4000 Employee + Child(ren) 0 $0.00 HDHP 4000 Family 2 $19,470.72 TOTAL 670 $4,683,311.04 2020 Dental Cyst Cnmnarisnr d Plan Tier Employee Premium per payroll Employee Premium per month 2019 Employee Only $13.63 $27.26 2019 Employee + Spouse $27.25 $54.50 2019 Employee + Child(ren) $31.34 $62.68 2019 Family $48.62 $97.24 2020 Employee Only $14.18 $28.36 2020 Employee + Spouse $28.34 $56.68 2020 Employee + Child(ren) $32.60 $65.20 2020 Family $50.57 $101.14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0435 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 2 File Type: Ordinance RZN 19-6708 (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6708 FOR APPROXIMATELY 3.08 ACRES LOCATED NORTHWEST OF RUPPLE ROAD AND FAITH STREET FROM R-A, RESIDENTIAL AGRICULTURAL AND NC, NEIGHBORHOOD CONSERVATION TO NC, NEIGHBORHOOD CONSERVATION AND R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural and NC, Neighborhood Conservation to NC, Neighborhood Conservation and R-A, Residential Agricultural. 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. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0435 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/19/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 19-6708: Rezone (NW OF RUPPLE RD. & FAITH ST./SLOANBROOKE PH. IV, 477,478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located NW OF RUPPLE RD. & FAITH ST. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.08 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION & R-A, RESIDENTIAL AGRICULTURAL. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Harry Davis, Planner DATE: July 19, 2019 CITY COUNCIL MEMO SUBJECT: RZN 19-6708: Re one N OF RUPPLE RD. FAITH ST. SLOANBROO E PH. , 477,478 : Submitted by JORGENSEN & ASSOCIATES, INC. for properties located NW OF RUPPLE RD. & FAITH ST. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.08 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION & R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to NC, Neighborhood Conservation and R-A, Residential Agricultural, as shown in the attached Exhibits `A' and `B'. BAC GROUND: The subject property is located off Rupple Road, contains approximately 3.08 acres; two total sites of approximately 1.54 acres and 1.54 acres each. Both subject areas are located south of Owl Creek in west Fayetteville. The subject properties are part of a much larger parcel that has been subdivided in part for different phases of Sloanbrooke Subdivision. The larger property and area was rezoned by City Council on June 2, 2015 as part of the staff -initiated rezoning (15-5174) of over 600 acres in the new South Rupple Rd. vicinity. In 2016 and 2018, City Council approved rezoning proposals (16-5400 and 18-6239) that traded areas zoned NC and R-A similarly to the proposal outlined below in this report. Request: The applicant requests to rezone the property as depicted in the attached rezoning exhibit. The rezoning would change 1.54 acres slated to become residential lots from R-A to NC to allow for their construction. In return, 1.54 acres elsewhere within the area will be rezoned from NC to R-A. The overall acreage swapped between districts is equivalent to one another and would allow the creation of approximately eight more residential lots. This proposal is consistent with the concept approved by City Council in the South Rupple Rd. area to concentrate areas of dense development in exchange for low density and conservation in sensitive natural areas and floodplain. Over the last few years, FEMA has revised the floodplain map and all of the subject property has been removed from the floodplain. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility. The proposed zoning is generally compatible with the surrounding residential and natural properties. Rezoning the current R-A to NC would fit with the surrounding NC zoning. The current NC zoned property would fit the surrounding R-A property. Land Use Plan Analysis: Staff believes that the proposal is mostly compatible with the goals in City Plan 2030, adopted land use policies, and the future land use designation for this location. The rezoning is not entirely consistent with the FLUM, but staff finds it appropriate to make an equal exchange of land between the two areas. The concept for planned development of this area has been anticipated for many years. While the rezoning of the R-A portion of the site does not exactly match the purpose of Natural Areas, the applicant proposes to shift the R-A area north, but still adjacent to surrounding R-A and natural areas. The proposed NC is vice versa, with shifting the NC area south and adjacent to other NC zoned land, which is appropriate. Staff does not anticipate any significantly adverse impacts to riparian corridors or environmentally -sensitive areas. Staff finds that the proposed zoning is justified and needed to accommodate planned development of this area. Modification and an equal exchange of the zoning of the applicant's property is appropriate given that the applicant has a specific development proposal that does not accommodate the R-A zone, but can provide such space elsewhere in the development. DISCUSSION: On May 13, 2019, the Planning Commission forwarded the proposal to City recommendation for approval by a vote of 9-0-0. No public comment was made Commission did recommend the City Council evaluate options to minimize the fences lining the newly constructed Rupple Road corridor. BUDGET STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report Council with a The Planning use of privacy RZN 19-6708 S LOAN B ROO KE P H . 4 19-6708 Close up view EXHIBIT 'A' ANTHEM DR Legend Shared Use Paved Trail Trail (Proposed) ' Planning Area tZZZ ' Fayetteville City Limits cs R-A Subject Property Proposed R-A WALES DR 2 a 0 z w m Feet 0 75 150 300 450 1 inch = 200 feet Proposed NC •11 NUJ Zoninq Acres NC 1.5 R-A 1.5 Total 3.0 19-6708 EXHIBIT 'B' LEGAL DESCRIPTION: (TRACT 1 NC TO R-A) A part of the SE1{4 of the NW114 and a part of the SW1/4 of the NE114 of Section 13, T1GN, R31W In Washington County, Arkansas, and being described as follows: Ccmrnencing at the NE Corner of said SE114, NWI/4, thence S02°22152"W 375,75 feet to the POINT OF BEGINNING. thence S73°11'37"E 77.44 feet, thence S02`22'52"W 43.43 feet, thence N87 37'13"W 241.87 feet, thence NO2`22147"E 110.10 fee[, thence N47°01102"E 8,30 feet, thence N40'30112"E 15,99 feet, thence N29'12125"E 1 T,89 feet, thence N71`43'58"E 10.94 feet, thence N68`07'38"E 28,08 feet, thence S63°28'59"E 15,23 feet, thence S33`20'23"E 6.77 feet, thence S20°12'10"E 12.52 feet, thence S11'36'4711E 25.73 feet, thence S35°04'41"E 21.22 feet, thence S72`DAVE 18.58 feet, thence 533°20'23"E 22.63 feet, thence S73°11'37"E 35,40 feet to the PCIMIT OF BEGINNING: Containing 0,53 acres more or less subject to easements and fight of way of record. LEGAL DESCRIPTION: (TRACT 2 NC TO R-A) A part of the SW-1/4 of the NE1/4 of Section 13, 716N, MW in Washington County, Arkansas, and being described as follows: Coromencing at the NW Corner of said SW1/4, NE1J4, thence S02°22'52"W 357,25 feet to the POINT OF BEGINNING, thence N56'51121"E 10,67 feet, thence N31'4B'54"E 14,41 feet, thence S73°1113711E R67 feet, thance N69`5513211E 10,79 feet, thenca S17'00'47"E 21 60 feet, thence S48°41'30"E 28,85 feet, thence S76°09'34"E 33,15 feet, thence N58°41'06"E 15,17 feet, thence N11'5815311E 16.63 feet, thence N391T7 0"1N 19,06 feet, thence N09°2$'52"W 15,90 feet, thence N10'33'18"E 14,16 feet, thence N36'53'41 "E 9, 29 feet, thence N87°47'56"E 14,50 feet, thence N62117'24"E 61,59 feet, thence S61 `21'15"E 23,B6 feet, thence S60°00'50"E 21.73 faet, thence S67'06'31"E 17.90 feet, thence S87°46'35"E 22.55 feet, thence N751154'56"E 32.22 feet, thence N36'23'09"E 20,51 feet, thence N52°15'59"E 19,77 feet, thence S63°42'41"E 19,35 feet, thence S25°46'16"E 29,95 feet, thence S27'28'19"E 2 4.5 0 feet, thence 83344112611E 15.64 feet, thence S78047'02"E 26.56 feet, thanca 58944215411E 10.41 feet, thence S78°25'33"E 38.97 feet, [hence S35°20'02"E 18.02 feet, thence S25°39129"W 26.06 feet, thence S30°58143"W 40,37 feet, thence N87`37'13" W 378.73 fast, thence N021122152"E 43.43 fast, thence N73111'371W 77.44 feet, thence N02112215211E 18.50 feet to the POINT OF BEGINNING: Containing 1.01 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (TRACT 3 R-A TO NG) A part of the SM4 of the NE114 of Section 13, T16N, R31 W In Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE114, thence Sa2°22152"W 375.75 feet, thence S73°111371177.44 feet, thence S02°22'52" W 43,43 feet, thence S87°37'1 YE 378.73 feet to the POINT OF BEGINNING: thence S87`37'13"E 5,88 feet, thence S58°03'54"E 197.37 feet, thence along a non tangent curve to the left 275,22 feet, said curvy having a radius of 583.00 feet and chord bearing and distance of S18`24141"W 272,67 feet, thence N29°34'48"W 27,45 feet, thence N73°35127"W 3146 feet, thence SW30'39V 29,42 feet, thence N8797'12V 27,81 feet, thence 481`08'44"W 20,28 feet, thence 3621811"W 18,64 feet, thence S55°45 53" W 1 Q,49 feet, thence N25°4DA2"W 24.03 feet, thance N53°491561W 27.96 feet, thence N83°02'01"W 35.B0 feet, thence N46'27'36" W 25 23 feet, thence N07°1841"W 27 15 faet, thence N12'51'20"E 31,14 feet, thence N68'16'49"E 14,05 feet, thence N59`44'54"E 36,16 feet, thence N17'31'25 IE 54,60 feet, thence N26°37'22"E 34,97 feet, the ncP N04°44'0211E 31,36 feet, thence N15`35'44"W 22,51 feet, thanca NO9`2310011E 15,84 feat, thanca N69`3815011E 17,54 feet, thance N87`36135"E 20,90 feet, thenca N39`41'54"E 46,26 feet, thence N30'5B'4311E 5,15 feet to the POINT OF BEGINNING; Containing 1,54 acres more or less subject to easements and right of way of record. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO I ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: July 8, 2019 UPDATED W PC RESULTS SUBJECT: RZN 19-6708: Re one N OF RUPPLE RD. FAITH ST. SLOANBROO E PH. I , 477,478 : Submitted by JORGENSEN & ASSOCIATES, INC. for properties located NW OF RUPPLE RD. & FAITH ST. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL & NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.08 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION & R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff recommends forwarding RZN 19-6708 to City Council with a recommendation for approval, based on the findings contained in this report. RECOMMENDED MOTION: I move to forward RZN 19-6708 to City Council with a recommendation for approval. BAC GROUND: The subject property is located off Rupple Road, contains approximately 3.08 acres; two total sites of approximately 1.54 acres and 1.54 acres each. Both subject areas are located south of Owl Creek in west Fayetteville. The subject properties are part of a much larger parcel that has been subdivided in part for different phases of Sloanbrooke Subdivision. The larger property and area was rezoned by City Council on June 2, 2015 as part of the staff -initiated rezoning (15-5174) of over 600 acres in the new South Rupple Rd. vicinity. In 2016 and 2018, City Council approved rezoning proposals (16-5400 and 18-6239) that traded areas zoned NC and R-A similarly to the proposal outlined below in this report. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Owl Creek Floodplain R-A, Residential Agricultural South Sloanbrooke Subdivision NC, Neighborhood Conservation East Owl Creek Floodplain R-A, Residential Agricultural West Sloanbrooke Subdivision NC, Neighborhood Conservation Request: The applicant requests to rezone the property as depicted in the attached rezoning exhibit. The rezoning would change 1.54 acres slated to become residential lots from R-A to NC to allow for their construction. In return, 1.54 acres elsewhere within the area will be rezoned from NC to R-A. The overall acreage swapped between districts is equivalent to one another and would allow the creation of approximately eight more residential lots. This proposal is consistent with the concept approved by City Council in the South Rupple Rd. area to concentrate areas of dense development in exchange for low density and conservation in sensitive natural areas and floodplain. Over the last few years, the applicant ha successfully revised the floodplain boundary and the currently proposed area for NC zoning is not in the floodplain. Public Comment. Staff has not received public comment on the proposal as of writing this report. INFRASTRUCTURE: Streets: The subject parcels have access to fully constructed public streets. All public infrastructure was previously installed with the Sloanbrooke II subdivision. ater: Public water is available to the subject parcels. All public infrastructure was previously installed with the Sloanbrooke II subdivision. Sewer: Sanitary sewer is available to the subject parcels. All public infrastructure was previously installed with the Sloanbrooke II subdivision. Drainage: Drainage improvements were previously installed with the Sloanbrooke IV subdivision, but any additional improvements or requirements for drainage will be determined at the time of development. There are some floodplain areas, Zone AE, present on these parcels in the areas being requested for rezoning. No protected streams cross these parcels. No portion of these parcels lie within the Hillside -Hilltop Overlay District. Fire: The Fire Department expressed no concerns with this request. Police: The Police Department expressed no concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area primarily as a Residential Neighborhood Area, currently zoned NC, and Natural Area located along isolated floodplains, currently zoned R-A. This overall area along the Rupple Road corridor has been indicated on the FLUM to be developed for a number of years. The overall 600-acre area is identified as having a high level of natural resources by the Fayetteville Natural Heritage Association (FNHA), a local non-profit group. Habitat in this area is classified by the FNHA as prairie remnant and seasonal wetlands. As a result of the FNHA work and other City staff research, this study area was included on the Enduring Green Network (EGN) map. The EGN map resulted in designation of portions of this area as Natural Area on the FLUM. Remnant prairie in the area appears to be located particularly along the riparian corridors that have less disturbance. Due to the environmental sensitivity of the study area, staff recommended in a previous rezone of 600-acres along Rupple Road (15-5174) that land identified as Natural Area be zoned R-A, Residential Agricultural. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor- hood, 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 in the natural envi- ronment. GAETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, as identified in the FNHA study, many of which make up the backbone of the enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development for all construction. FINDINGS OF THE STAFF 1. 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 Plan Analysis: Staff believes that the proposal is mostly compatible with the goals in City Plan 2030, adopted land use policies, and the future land use designation for this location. The re oning is not entirely consistent with the FLUM, but staff finds it appropriate to make an a ual exchange of land between the two areas. The concept for planned development of this area has been anticipated for many years. hile the re oning of the R-A portion of the site does not exactly match the purpose of Natural Areas, the applicant proposes to shift the R-A area north, but still ad acent to surrounding R-A and natural areas. The proposed NC is vice versa, with shifting the NC area south and ad acent to other NC oned land, which is appropriate. Staff does not anticipate any significantly adverse impacts to riparian corridors or environmentally -sensitive areas. Land Use Compatibility: The proposed oning is generally compatible with the surrounding residential and natural properties. Re oning the current R- A to NC would fit with the surrounding NC oning. The current NC oned property would fit the surrounding R-A property. 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 oning is ustified and needed to accommodate planned development of this area. Modification and an a ual exchange of the oning of the applicant s property is appropriate given that the applicant has a specific development proposal that does not accommodate the R-A one, but can provide such space elsewhere in the development. This proposal is similar in nature to the aforementioned proposala RZN 16-5400 and RZN 18- 6239, which were approved by City Council in 2016 and 2018 respectively. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: This re oning will not substantially increase traffic on surrounding roads over the existing oning. The re one would allow the developer to add in a few additional residential lots within the development. As individual developments are reviewed, on and off -site street improvements will be reviewed and recommended. GAETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ 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 re oning would not increase population density over the existing oning, as the re one is an a ual exchange of oned land between NC and R-A. 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 19-6708 to City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Re uired ES Date: July 8, 2019 O Tabled ff Forwarded O Denied Motion to forward to CC recommending approval Motion: Johnson Also recommending CC evaluate option of minimize use of privacy Second: Winston fence lining newly constructed Rupple Road ote: 9-0-0 Motion passes BUDGET STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.29 - Neighborhood Conservation • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ 161.03 - District R-A, Residential -Agricultural (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 ccessory dwellings Unit 43 JAnimal boarding and training (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 '/2 (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 ISide IRear 35 feet 120 feet 135 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. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ 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 (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. Single Family 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. build -to zone that is located between Front he he front property line and a line 25 from the front property line. Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley F Building Height Re ulations . IBuilding Height Maximum 13 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) G:\ETC\Development Services Review\2019\Development Services\19-6708 RZN NW of Rupple Rd. & Faith (Sloanbrooke Ph. 4) 477, 478\ JORGENSEN +ASSOCIATES Civil Engineering Surveying Landscape Architecture Services May 29, 2019 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning Sloanbrooke Ph 4 Subdivision 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com Attached herewith please find the submittal documents in regards to a rezoning of a piece of the recently approved Sloanbrooke Ph 4 Subdivision. When the subdivision was submitted and approved there was a small portion in the NE corner that was zoned R-A. The property in question is lot 38 & 62 as shown on the approved preliminary plat. We are now requesting to rezoning 1.54 acres of this property from R-A to INC in exchange for the same amount of property out of lot 70 as well as a small piece to the north, owned by the City of Fayetteville, to be rezoned from NC to R-A as shown on the attached Rezoning submittal. Once rezoned we can then add those lots back to the Final Plat. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; aA all�i Ju tin L. J gensen, P.E. J O RG E N S E N Fa t Sulle, AP °rive, Suite 5 Fayetteville, AR 72703 +ASSOCIATES Office:479.442.9127 Civil Engineering Surveying Fax: 479.582.4807 L Landscape Architecture Services www.jorgensenassoc.com May 15, 2019 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Sloanbrooke Ph 4 Rezoning This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: a. 765-22366-103-000 (Riverwood Homes LLC) B. Currently this property is zoned RA. The reason for the requested N-C zoning is to allow this property to be suitable for residential lots. C. The property due west & east are zoned N-C. The property to the north is R-A and due south is N-C. Zone R-A is a residential- agriculture zoning that is regulated in order to protect agricultural land until an orderly transition to urban development has been accomplished. This zoning only allows a minimum of 200' wide lots. The requested N-C is a residential zoning that will allow a minimum of 50' wide lots which is compatible with the other lots that are in Sloanbrooke Ph 1. The proposed use of Zone N-C will not adversely impact adjacent land uses, as said uses under Zone N-C are compatible in use. D. Existing water and sewer already installed to serve these lots. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development. F. N-C is the appropriate zoning for the intended use. G. W Oldham Road has ample capacity to get cars to Broyles which also ample capacity to handle any additional traffic. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. I. R-A is not the appropriate zoning for residential. Please review this application and let us know if there are any questions that we may be able to answer. Thanks. Jorgensen + Associates LEGAL DESCRIPTION: LIRACT 1 NC TO R-A) A paM1of the SEf/4 of the NW1/4 antl a pan of the SW1/4 of the NE1/4 of Section 13, T16N, R31W In Waehimire, County, Amara¢, .onbeing descnbd as follows: Commencing At the NE Corner of said SE1/4, NW1/4, thence 502°22'52"W 371.71 fed to the POINT OF BEGINNING, th¢nC¢ S]3°11'3]'E 7744fed, Ience S02°2T5YW 4343 feel, thence NBT3T13'W N1.87 fed, thenC¢ NO2°22'4TE 110A0 fee[ thence Ni 8,30 tad, thence N40'3012•E 11,99 man thence N29°12'25"E 17.89 two thence N71°43'S8"E 10.94 Net, lhence NMI28.08 feel, thence 563°28'59"E 11231ed, thence 03-20.23•E 6.77 hat, thence S2Gm 2'10'E 12.62 fed, thence S11°36'47•E 25.73 two thence S35141"E 21.22 feet, thence S72°3340•E 18.58 feel, thence S33°2023'E 22,63 feel, thence S73°11'3TE 35.40 had m the POINT OF BEGINNING: Containing DEG acres ace atlas subject to easements aM right of way of memo LEGAL DESCRIPTION (TRACT 2 NC TO R A) NE CORNER A part of the Si of the NE1/4 of Section 11, In 6N, R31Wn Washngton County, A,wA., antl being desonbed as follows'. SE114, NW1/4 CommenCng dthe NWGorner daatl SW1/4NE1/4, thence S02°2252W357.25WWthe POIMOFBEGINM ience 13-16a '- N56°51'21'E 10.67 fed, thence N31°48'S4°E 14.41 ted, thence S73°11'S7"E 64.67 fed, thence N60°55'32"E 1079 fee, lhence 51 T00'47"E 21.80 fed, thence S4B°41.30•f 28.85 feet. thence S76°09'On E 33.15 fed, thence N58°41N6"E 15.17 him, thence (FIP) N11°58'53'E 16.83 feet, thence N39°3T50Y! 19.06 fee[ thence N09°2852"W 15.90 feet, the NlT33'10•E 14.16led thence N36°5T41'E 9,29 fed, thence NB17'56'•E 14.50 fed, thence N62°1T24"E 61.59fed thence S61°2l'l5"E 23,86fed, thence So0'00'S0"E 21.]3fed, thence S67°O6'31'E 1].90 feel, thence SB7°4G3$"E 22.55 fee, thence N75°5456"E 32.22 Ned. thence N36°23.0TE 20.51 fed, thence N52-15'59•EI9,Ntad, thence S63-42'41"E19,35 tod, thence 525°46'16•E 29.951., thence 765-16269-101 S2]'2B'19"E2450fed, thence 533°41.26°E 1564 ma,thence S7B°4]'02"E 2C56 ma, thence SB9°42.5PE 1041 fee, thence CROSS KEYS DEVELOPMENT, LLC. S70°2533E 30.97a thence S35°20'02•E18.02 me,the,,S25°39'2TW 26.06 Net, thence S30'S8'43"W 4037 No. theme¢ 70 N. COLLEGE AVENUE SUITE II N87°3T13•W 378.73fce,moda NO2°22'S2•E43.43feet thence N73°11.37W77A4 fed thence N0T225TE 18,50 Not 0 the FAYETTEVILLE, AR. 72701 POINT OF BEGINNING: Containing 1.01 aces mare or less subject to easements And ngM Away of record. (ZONING: NC&R-A) LEGAL DESCRIPTION: RRACT3 R-A TO NC) A peR of the SW1/4 of I NE1A of Section 11, 11 AN, R31W in Washington Cnumy, Arkansas, antl being hed dbed es follows: Commencing at the NW Comer of saltl SW1/4, NE1/4, thence S02'22'52"W 375.75 Not Nance S7311'37•E-lad, there¢ - 5022'52'W 4343 had, Hence S87°37'13"E378731edlo the POINT OF BEGINNING; lhence SBT37.13"E 5.86 fed, thence 765-16269-107 S58°03.54•E19]37 Nd thence long o non ahead curve to the lI 275221ee, said tutu¢ hadng a radlusd583.601eeland chord bearing antl didance d S18°24'41"W 27267 toe, thence 129°111W 2711 fed, thence NM 35'27V 3346 tee, thence RIVERW69-107 ES LLC. 588°30'39ma29.42 fed, thence N67°I-27.81 to handN81'08'44"W 20.28fed, thence 562l 8'11"W 16.64fo,lhence 420 N. PiA NNEW AVENUE S65°46'S3RN 10.49ted, thence N25°4o'42•W24.03fee,thenc,N53°4958"W2]96 fee, thence NB3N2'O1Nl3580fem, thence FAVETTEVILLE, AR. 72703 N46°2T3VW 25,23 fee, thence NO]°18'41"W27,16f¢d, thence Nl2°51.20°E31.14fed thence N68°1649414.05 Not thence ZONING: NC B R-A cl N59°44.54'E 36,16 tee, lhence N17°31'25•E 54 BO fed, thane0 N26°3722•E 34.971M, Nance N04°4402E 31.36 fed, thence N15°35'44•W 22,11 feet, thence N09°2300"E 15.84 fee, .1 11 Nfi9°3850"E 1I.54 in..... N8]1635•E 20.901ee, Nonce ' N39°41.54•E 4626 feel, thence N30°50.43'E 5.15lddto the POINT OF BEGINNING: Containing 1.54 acres more ar less soed,on easements aM right of way d emet. WA NC P.O.B. 70 L] TRACT 'v = I 6 _ ( 7B J tTRACT'�: ZONINO NCTO R-A (0.53 ACRES) .O.B. TRACT( 11 L4 g n I 2g F < i 29 30 �wcJ 31 . 32 F22 N OWNER: RNERWOOD HOMES LLC. U20 N. PLAIN UM AVENUE FAYETTEVILLE, AN. M703 \ /a / E 765-22366-100 MCBRYDE FAMILY LIMITED PARTNERSHIP 1533 W. ENTERPRISE DRIVE FAYETTEVILLE, AR. 72702 ZONING: NC, CS 3 R-A • �• .......... [„q L3] l38 765-22366-104 CITY OF FAYETTEVILLE �! 113 W. MOUNTAIN STREET Nl2d :..:. FAYETTEVILLE, AR. 72701-6083 ZONING: NC & RA CT 2 ::. ::. L47 4 L25 a'o ZONINGANC TO R.A��:.::�.::.:.:..:..: :.:... y N(, (1.01 ACRES( 1 .Ova fj I .'. ........ �P.O.B. TRACT3 STREET 0 33 I 34 I 35 I 3. I 31 m GRAPHIC SCALE ,2 ' �a9 SB iS7 NC L � l60 ( ON FEET) 5g 65 1 inch = 60 M CURVE TABLE CUflVE LENGTH RADIUS TANGENT CHORD BE4RING DELTA C1 2]622• 583.00• 140.22 272.6] S18°24'41'W 27°02'51• VICINITY MAP SITE g I FAYETTEVILLE, ARKANSAS tAN0 765-22366-1 DD MCBRYDE FAMILY UMITED PARTNERSHIP 1533 W. ENTERPRISE DRIVE FAYETTEVILLE, AR. 72702 ZONING: INC, CS 3 R-A _ cENTERUNESTF EET ZONING RA TO NC PROJECT TITLE: THE VILLAGES OF SLOANBROOKE SUBDIVISION PHASE 4 x CUCutATEDPOINT SuaDWISION BOUNDARY LOCATION: FAYETTEVILLE, ARKANSAS z -- A -- �Ik JORGENSEN 124,v5 rl,AR7 7i36,5 i,e5 Fayeeee�me, AR 727oa SHEET TITLE: REZONE FOUND IRON PIN RIGHT OF WAV +ASSOCIATE S W ZONING NC TO R-A . Office: 479A.l..7 DRAWN BY: WR Fax: 479.582.4807 S RI ZONING LINE Civil Engineering +Surveying-.jorgensen.c-com SHEETSCALE I'=60' NC P DATE: MAY18, 2019 NC PROJECT ARE: Z/SUBD/201714MREZONE RZN 19-6708 One Mile View SLOANBROO E PH. 4 0 0.125 0.25 W Q 2 F- m a ST R-O NORTH 0.5 Miles NS-L LI n-H 1 Subject Property J 0 R' Wk =6A NC Legend I ------ Planning Area t Fayetteville City Limits Shared Use Paved Trail Q Trail (Proposed) ----- - _ Planning Area -- -- JM Building Footprint l Fayettevile City Limits RSF-4 J H W n RSF-1 RSF-21 Zoning E TRACTION RESIDENTIAL SINGLE-FAMIL E-1 Residential -Agricultural COMMERCIAL RSF-.5 Resitlential-Office RSF-1 C-1 RSF-2 C-2 RSF4 C-3 RSF-] FORM BASED DISTRICTS RSF-S Downtown Core RSF-18 = Urban Thoroughfare RESIDENTIAL MULTI-FAMIL Main Sveet Center ART-12 Resitlential Two --!Three-family Downtown Gene21 RMF-S Community Service. RMF-12 Neighbarhaod Service, RMF-18 Neighbarhood Con..,.tion RMF-24 PLANNED ZONING DISTRICTS RMF-40 Commercial, Industrial, Residential INDUSTRIAL INSTITUTIONAL -1 Heavy C.".—hd and Light Inde. A = R-1 I-2 General lnde.trial RZN 19-6708 Close Up View posed SLOANBROO E PH. 4 ANTHEM DR lip Legend Shared Use Paved Trail Trail (Proposed) ' Planning Area _ _ t ' Fayetteville City Limits ALES DR Z J fY Q 2 V Z W W cs R-A Proposed R-A TOFINO DR Feet 0 75 150 300 450 1 inch = 200 feet Subject Property Proposed NC :11 Zoning Acres NC 1.5 R-A 1.5 Total 3.0 RZN19-6708 SLOANBROO E PH. 4 Current Land Use Agricultural ws y LA ` _ Subject Property �• ANTHEM DR� Planned Gr1 Single -Family f f Streets Planned MSP Class M M COLLECTOR Streets Existing MSP Class Feet COLLECTOR PRIN ARTERIAL PKWY 0 75 150 300 450 600 1111 Trail (Proposed) 1� 1Planning Area 1 inch = 200 feet 1 — 2 Fayetteville City Limits NORTH �.i , Undeveloped FEMA Flood Hazard Data 100-Year Floodplain Floodway RZN 19-6708 S LOAN B ROO E PH. 4 Future Land Use NORTH PERSIMMON ST 111 1140k it a z J- Z Q J J W A - e4'SSFUL DR ANTHEM I a x 0 J _ 0 ALES DR Q 2 U DI IDE DR Z w m Legend IPlanning Area _ t_ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Subject Property � �,// 1 TOFIN MR Feet 0 145 290 580 870 1 inch = 400 feet a� FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area - Civic and Private Open Space/Parks 1,160 - Civic Institutional City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0449 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 3 RZN 19-6710 (1520 E. HUNTSVILLE RD./TAMIJANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6710 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 1520 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL 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 RSF-4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services -General. 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. City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville Staff Review Form 2019-0449 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 7/19/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6710: Rezone (1520 E. HUNTSVILLE RD./TAMIJANI, 526): Submitted by AARASH TAMIJANI for property located at 1520 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget 201 0321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: July 19, 2019 CITY COUNCIL MEMO SUBJECT: RZN 19-6710: Re one 1520 E. HUNTS ILLE RD. TAMIJANI, 526 : Submitted by AARASH TAMIJANI for property located at 1520 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to NS-G, Neighborhood Services -General, as shown in the attached Exhibits `A' and `B'. BAC GROUND: The subject property is located on the northwest corner of Huntsville Road and Sherman Avenue. Although Sherman is unclassified in the Master Street Plan, this section of Huntsville Road is classified as a Collector Street. The property is developed with a single-family dwelling built in 1949 according to Washington County records. Vehicular access to the property is from a residential driveway on Huntsville and another on Sherman. Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to NS-G, Neighborhood Services -General. The applicant has stated in their request letter that this rezoning is necessary to develop the property with greater density or small businesses that compliment adjacent uses. Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of residential and non-residential uses. As a transitional zoning district, NS-G would also be compatible with the lower density single family uses to north, allowing appropriately -graduated development from Huntsville Road northward. The immediate area contains a range of development types and the proposal of NS-G zoning at the corner would allow increased density and potential for commercial and mixed use that could serve the neighborhood, encouraging a pattern of development staff finds compatible with existing properties. Land Use Plan Analysis: Staff finds the proposed NS-G zoning to be compatible with the Future Land Use Map and its designation of the subject property as Residential Neighborhood Area. The Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Residential Neighborhood Area designation makes explicit reference to incorporating nonresidential uses into residential areas at appropriate locations for the benefit of surrounding neighborhoods. Similarly, staff find the proposed rezoning to be compatible with and complimentary to the City's adopted comprehensive plan, City Plan 2030. One of the primary tenants of the comprehensive plan is for the City to make zoning decisions that help create complete neighborhoods. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of Residential Neighborhood Areas by indicating that non-residential services should be encouraged to serve the surrounding neighborhood on corners and along connecting corridors. This request fully meets this intent to help create a complete neighborhood. Coupled with this, the request to rezone the subject property also represents progress towards the City's goals for appropriate infill and creation of a livable transportation network. A transit stop on Ozark Regional Transit's Route 20 is located to the southwest of the applicant's property, and increased density on the site can make transit viable. Increased infill can in turn be supported with immediate access to public streets, water, and sewer at a location near Fayetteville's core. DISCUSSION: On July 8, 2019, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. No public comment was made. BUDGET STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN 19-6710 TAM IJAN 19-6710 Close Up View EXHIBIT IN G� F-24 SEQUOYA�-' W Subject Property u), Proposed N S-G r R-O HUNTSVILLE RI) W Q Y W W a J V N P-1 NORTH Zoninq Acres NS-G 0.8 Legend Hillside -Hilltop Overlay District Feet - Planning Area 0 75 150 300 450 600 � — r Fayetteville City Limits 1 inch = 200 feet Total 0.8 Building Footprint 19-6710 EXHIBIT'By Legal Description PT SW SW 1.03A 210 X 215 FURTHER DESCRIBED FROM 2016-23872 AS: Part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 16 North, range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point that is located N03025'19"E 39.41' from a found chiseled X as the Southwest corner of the said 40 acre tract, and running thence N02050'28"E 175.51' to a found capped rebar PLS#1245, thence S86"43'35"E 189.72' to a found capped rebar PLS#1245 located on the West right of way of Sherman Avenue, and running thence along said rights of way S03000'31" W 186.33' to a found capped rebar PLS #1245 located on the North right of way of Huntsville Road, thence running along said right of way N83"27'17"W 189.57' to the point of beginning, containing in all 0.79 acres, more or less. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: July 8, 2019 Updated with Planning Commission Results SUBJECT: RZN 19-6710: Re one 1520 E. HUNTS ILLE RD. TAMIJANI, 526 : Submitted by AARASH TAMIJANI for property located at 1520 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 19-6710 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 19-6710 to the City Council with a recommendation of approval." BAC GROUND: The subject property is located on the northwest corner of Huntsville Road and Sherman Avenue. Although Sherman is unclassified in the Master Street Plan, this section of Huntsville Road is classified as a Collector Street. The property is developed with a single-family dwelling built in 1949 according to Washington County records. Vehicular access to the property is from a residential driveway on Huntsville and another on Sherman. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre South Multi -family Residential; RMF-24, Residential Multi -family, 24 Units per Acre 2-family Residential; RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential; RSF-4, Residential Single-family, 4 Units per Acre Non-residential Garage CS, Community Services West Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to NS-G, Neighborhood Services -General. The applicant has stated in their request letter that this rezoning is necessary to develop the property with greater density or small businesses that compliment adjacent uses. Public Comment: Staff has received a phone call from a neighbor asking about the rezoning and Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 1 of 14 indicating no objections. INFRASTRUCTURE: Streets: The property has frontage along East Huntsville Road to the south and South Sherman Avenue to the east. As noted above, access to the property currently exists on both Huntsville and Sherman. Huntsville is a partially -improved Collector Street that has asphalt paving with bike lanes on both sides. While the property's Huntsville frontage is open ditch, curb and gutter, greenspace, and sidewalk is present on the opposite side of the street. Sherman along the property's frontage is an unclassified, partially improved street with curb and gutter on both sides, but with sidewalk limited to the opposite side and located at the back -of -curb. Any street improvements required in this area will be determined at the time of development proposal. ater: Public water is available to the site. 8-inch and 12-inch water mains run along the Huntsville right-of-way. Additionally, a 6-inch water main runs along the Sherman right-of-way. Sewer: Public sanitary sewer is available to the site. A 6-inch sanitary sewer main runs along both the Huntsville and Sherman rights -of -way. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within a FEMA designated 100-year floodplain or a Streamside Protection Zone, and no hydric soils are present. Portions of the northwestern most extents of the property are within the Hillside -Hilltop Overlay District (HHOD). Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. 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: The proposed oning is compatible with the surrounding mixture of residential and non-residential uses. As a transitional oning district, NS-G would also be compatible with the lower density single family uses to north, allowing appropriately -graduated development from Huntsville Road northward. The immediate area contains a range of development types and the proposal of NS-G oning at the corner GAETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Commission\07-08-2019 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 2 of 14 would allow increased density and potential for commercial and mixed use that could serve the neighborhood, encouraging a pattern of development staff finds compatible with existing properties. Land Use Plan Analysis: Staff finds the proposed NS-G oning to be compatible with the Future Land Use Map and its designation of the sub ect property as Residential Neighborhood Area. The Residential Neighborhood Area designation makes explicit reference to incorporating nonresidential uses into residential areas at appropriate locations for the benefit of surrounding neighborhoods. Similarly, staff find the proposed re oning to be compatible with and complimentary to the City s adopted comprehensive plan, City Plan 2030. One of the primary tenants of the comprehensive plan is for the City to make oning decisions that help create complete neighborhoods. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of Residential Neighborhood Areas by indicating that non-residential services should be encouraged to serve the surrounding neighborhood on corners and along connecting corridors. This re uest fully meets this intent to help create a complete neighborhood. Coupled with this, the re uest to re one the sub ect property also represents progress towards the City s goals for appropriate infill and creation of a livable transportation network. A transit stop on O ark Regional Transits Route 20 is located to the southwest of the applicants property, and increased density on the site can make transit viable. Increased infill can in turn be supported with immediate access to public streets, water, and sewer at a location near Fayetteville s core. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has re uested the oning change in order develop the property with a variety of non-residential and residential uses. The proposed oning district would beneficially increase residential densities in the core of the city above those allowed under the current four units per acre limit, thereby discouraging sprawling development, a goal of the City Plan 2030. Furthermore, under the NS-G oning district, small-scale nonresidential uses are permitted that can serve nearby neighborhoods in an area of Fayetteville where services are limited. Additionally, the property is located less than one mile from the city center, and in staff opinion, the pattern of development should reflect that with increased density and traditional town form as indicated by the goals of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to both Huntsville Road and Sherman Avenue, a Collector Street and unclassified street respectively. Although the proposed NS-G oning district allows uses that would likely increase traffic over the GAETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Commission\07-08-2019 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 3 of 14 existing RSF-4 oning district, the si a of the property and the associated limitations on development would likely not result in a significant increase in traffic nor appreciably increase traffic danger and congestion. The necessity for street improvements or modifications to site access will be reviewed with future development submittals. 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 applicants re uested NS-G oning district allows single- 2-, 3-, and 4- family dwellings at a density of 18 units per acre. Although decidedly higher than the current RSF-4 allowance of 4 units per acre, staff finds that no adverse impacts on services are anticipated given ad acency to water and sewer facilities, and the nearby Happy Hollow Elementary 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 19-6710 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Re uired ES Date: July 8, 2019 O Tabled O Forwarded O Denied I Motion: Canada (Second: Paxton ote: 8-1-0, Brown voted no. GAETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Commission\07-08-2019 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 4 of 14 BUDGET STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.19 — NS-G, Neighborhood Services -General • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Commission\07-08-2019 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 5 of 14 161.07 - District RSF-4, Residential Single -Family - Four 4 Units Per Acre (A) Purpose. The RSF4 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 (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 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 Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family I dwellings dwellings 80 feet Lot minimum 70 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. G:\ETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Comm ission\07-08-201 9 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 6 of 14 Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. F—Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Commission\07-08-2019 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 7 of 14 161.19 - NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed -use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 41 Accessory dwelling units Unit 44 Cluster housing development 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 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Unit 36 Unit 40 Multi -family dwellings Wireless communication facilities Sidewalk cafes Small scale production Unit 45 (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet G:\ETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Comm ission\07-08-201 9 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 8 of 14 Two (2) family or 3,000 square feet per dwelling 1 more unit All other uses None (E) Setback regulations F-F Rear when contiguous to a Front Side Side -Zero Lot Line' Rear single-family residential district 7A build -to zone A setback of less than 5 that is located feet (zero lot line) is between the front 5 permitted on one interior property line and feet side, provided a None 15 feet a line 25 feet maintenance agreement is from the front filed**. The remaining side property line. setback(s) shall be 10 feet. (F) Building Height Regulations. F—Building Height Maximum 3 stories? (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6710 RZN 1520 E. Huntsville Rd. (Tamijani) 526\03 Planning Commission\07-08-2019 Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 9 of 14 RZN 19-6710 Re uest Letter Purpose and Compatibility The proposed rezoning of 1520 E Huntsville Rd will serve to benefit not only the interested party but also the City of Fayetteville, including the immediate surrounding neighborhood. The current zoning does not allow for any further, desirable development in an area in need of such. A switch from RSF-4 to NS-G will allow denser development in a tasteful way by preserving the residential feel of the area but also allow for potential small businesses to serve its neighbors. The property also faces a busy city highway and the current zoning does not reflect the urbanization going on around it. A rezone to NS-G compliments the growth of the area and our city as a whole. Long-term this rezoning will have the favorable effect of bringing higher property values to adjacent neighbors. The area is aging and in need of revitalization. Planning Commission July 8, 2019 Agenda Item 10 19-6710 Tamijani Page 10 of 14 RZN 19-6710 One Mile View J I DIG TAM IJAN I 0 0.125 0.25 RSF-4 Subject Property 0.5 Miles O J J O S RPZD NORTH C-2 VA MSC F-24 15TH ST R-A C-1 1_1 R5F-8 Zoning E TRACTION RESIDENTIAL SINGLE-FAMIL E-1 Legend Residential.Agricelwral COMMERCIAL ''' — RSF-.5 Resid.ntial-Office RSF-1 ■ C-1 ' — RSF-2 C-2 =C-8 Planning Area RSF-4 I R5F-] FORM BASED DISTRICTS R5F-6 Downtown Core Fayetteville City Limits RSF-18 urban Thcmaghfere 4 _ - RESIDENTIAL MULTI-FAMIL Main Street Cemer ❑ 12 Residential Two antl Three-family RT-RMF-6 Downtown General — — Shared Use Paved Trail Community Samoa. RMF-12 Neighbanc— Services Trail (Proposed) ' Q t _ _ _ _ _ _r RMF-. RMF-40 �NNED ZON Conservation PLANNED ZONING DISTRICTS Planning Area RMF-40 Commemiel, Intluatrial, Residential - - JM Building Footprint i _ _ _ _ _ Fayetteville City Limits •' —' CJ INDUSTRIAL INSTITUTIONAL I-, Heavy Commercial and Light lndeatral-R-, _ - Generellndashiel Planning C rr 8 ission 2019 Agenda Item 10 19-6710 Tamijani Page 11 of 14 RZN19-6710 TAMIJANI Close Up View a s� Z a F-24 $EQUO M � W 2 ; Subject Property co.. f Proposed NS-G ►LLE R� R-O W Q a W W C-t W O 0 a � y W f- � J V N NORTH Zoning Acres NS-G 0.8 Legend Hillside -Hilltop Overlay District Feet ` Planning Area rr 0 75 150 300 450 600 � — � Fayetteville City Limits 1 inch = 200 feet Total 0.8 Building Footprint Planning Co mission My 8, 2019 Agenda Item 10 19-6710 Tamijani Page 12 of 14 RZN 19-6710 TAM IJAN Current Land Use NORTH jli ,: Y `' 5TH ST Z )ko s QUO arm LIJ if iiij TN Multi -Family Residential .Sin le-famil Resideniuect Pro Property tal f y Single -Family Residential Single -Family Residential HUNTS '►Lr, _ Lu t { Mixed -Density Residential — Ab �, ia ' W 7 Streets Existing MSP Class COLLECTOR Planning Area Fayetteville City Limits Feet 0 50 100 200 300 1 inch = 150 feet 400 FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning mission 8, 2019 Agenda Item 10 19-6710 Tamijani Page 13 of 14 RZN19-6710 TAM IJAN Future Land Use Subject Property 0 0 i 5TH ST SFQ U O F,N G� w Q z a � HUNTS ILLS RD w a w � o w Q O a i w r' U _J y Gabon 61 onei& Legend Planning Area �- - - Fayetteville City Limits Building Footprint NORTH w FAIRLANE ST' z o r z NUJ ■��� _ w v0 z w a 41 Feet 0 125 250 500 750 1,000 1 inch = 400 feet ir O J J a Q FUTURE LAND USE 2030 - Natural Area Residential Neighborhood Area - City Neighborhood Area - Civic and Private Open Space/Parks - Civic Institutional Planning CoInrr 8 ission 2019 Agenda Item 10 19-6710 Tamijani Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0434 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 4 VAC 19-6712 (155 N. FLETCHER AVEJENLIGHTEN HOMES): AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH FLETCHER AVENUE TO VACATE A PORTION 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 a 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 approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A 15 foot wide utility easement shall be dedicated along Spring Street and a 5 foot wide utility easement shall be dedicated along Fletcher Avenue. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0434 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/19/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 19-6712: Vacation (155 N. FLETCHER AVE./ENLIGHTEN HOMES, 485): Submitted by DAN COODY for property located at 155 N. FLETCHER AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a street right-of-way. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Harry Davis, Planner DATE: July 19, 2019 CITY COUNCIL MEMO SUBJECT: AC 19-6712: acation 155 N. FLETCHER A E. ENLIGHTEN HOMES, 485 : Submitted by DAN COODY for property located at 155 N. FLETCHER AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of AC 19-6712 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. Retain 15-foot wide Utility Easement along Spring Street and a 5-foot wide Utility Easement along Fletcher Avenue. BAC GROUND: The subject property is located at the southwest corner of Fletcher Avenue and Spring Street. The property is zoned RMF-24, Residential Multi -family, 24 Units per Acre and is currently developed with a single-family home. The applicant proposes to vacate excessive and unused right-of-way between the current property line and the Master Street Plan right-of-way line, located 25-feet from the centerline of Spring Street. DISCUSSION: At the July 8, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. The Planning Commission discussed during their Agenda Session on July 3, 2019 to recommend the city council evaluate vacating additional excess right-of-way along the remainder of this block of Spring Street. BUDGET STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Exhibit A Exhibit B Planning Commission Staff Report VAC 19-6712 Close Up View Legend Hillside -Hilltop Overlay District • - — Trail (Proposed) - ` Planning Area — Fayetteville City Limits Building Footprint ENLIGHTEN HOMES 19-6712 EXHIBIT 'A' RMF-24 SPRING Subject Property A& NORTH RSF-4 Feet RMF-24 P-1 0 50 100 200 300 400 1 inch = 150 feet 19-6712 EXHIBIT 'B' 5IRFFT RIGHT-OF-YIAY VACAT10N A PORTION OF THE PUTTED RIGHT -DP -WAY O= SPRIMC STREET AS SHOWN ON THE PLAT CF HARRISDN'5 ADDITION To THE CITY OF FAYETTEVILLI=. ARKANSAS, AS PER PLAT OF SAID AX)MON ON FILE IM THE OFFICE OF THE CIRCUIT CLERK AkD EX-DMOO RECORDER OF WAS INGTON COUNTY, ARKANSAS, AND BEING MDRE PAR71CULARLY DESCRIBED AS FOLLC]W& BEGINNING AT THE NORTH►SFST CORNER OF LOT ONE (1) OF BLOCK FCUR (4) 0= SAID HARRISUPI'S AMITTON; THENCE N9MODWE 145.00 FEET ALONG TTiE PLATTED SWTH RIW-OF-WAY LIME OF SPRING STREET TO THE NORTHEAST CORNER OF SAID LOT ONE (1). SAID POINT BEING THE PLATTED INTERSECTION OF THE: SMITH RIGHT-OF-WAY LINE OF 5PRING STREET AND THE WEST RIGHT-OF-WAY LINE OF FLETCHER AVENUE; THENCE N0 `T7"W 19.06 FEET TO THE SOUTH RIGHT-OF-WAY LIME OF SPRANG STREE- A5 PER T11E MASTER STREET PLAN OF FAYETTEYILLE, ARKANSAS; THENCE N90'00'00"W 175.00 FEET ALONG THE S01-174 RIGHT-OF-WAY LINE OF SPRING STREET AS PER TYiE MA51ER STREET PLAN OF FAYETTEVUE, ARKANSAS, TO A PAINT] THENCE LEAVING THE SDUTH LINE OF SPRING STREET AS PER THE MASTLR STREET PLAN OF FAYETTEMLLE, ARKANSAS. S0C'5d17'E 19,06 FEET TO A SET 1 /2" IRON REBAR ON THE SOUTH RIGHT -CIF -WAY LJNE DF SPRING STREET AS PER THE PLAT OF SAID HARRISON'S AI7DMQ4. AI] POINT BEING IN THE CENTER OF YEAGER A►►EFIUE, AN ABANDONED STREET AS PER CITY OF FAYET VALLE. ARKANSAS, ORDINANCE 3012: TWMCE N90"0CWE 30-00 FEET ALONG 714E PLATTER SOUT44 RIWT-AF-WAY LME Uf 5PKING STREET TO THE potvr cF BEGINNING. CONTAINING 3350.0 SQUARE FEET (0.G6 hCREV,, MORE OR LES& CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO I ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: July 8, 2019 UPDATED W PC RESULTS SUBJECT: AC 19-6712: acation 155 N. FLETCHER A E. ENLIGHTEN HOMES, 485 : Submitted by DAN COODY for property located at 155 N. FLETCHER AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends forwarding AC 19-6712 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward AC 19-6712 to City Council with a recommendation for approval with the conditions as recommended by staff." BAC GROUND: The subject property is located at the southwest corner of Fletcher Avenue and Spring Street. The property is zoned RMF-24, Residential Multi -family, 24 Units per Acre and is currently developed with a single-family home. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surroundina Land Use and Zonina Direction Land Use Zoning North Duplexes RMF-24, Residential Multi -family, 24 Units per Acre South Single-family RMF-24, Residential Multi -family, 24 Units per Acre East Single-family RSF-4, Residential Single-family, 4 Units per Acre West Single-family RMF-24, Residential Multi -family, 24 Units per Acre Proposal: The applicant proposes to vacate excessive and unused right-of-way between the current property line and the Master Street Plan right-of-way line, located 25-feet from the centerline of Spring Street. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City water/sewer departments with the following responses: City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste No objections and no comment. Transportation No objections and no comment. Utilities Response AT&T No objections and no comment. Cox Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense AEP/SWEPCO Retain 15-foot wide Utility Easement along Spring Street and a 5-foot wide Utility Easement along Fletcher Avenue. Blackhills Energy Retain 15-foot wide Utility Easement along Spring Street. Ozarks Electric No objections and no comment. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding AC 19-6712 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. Retain 15-foot wide Utility Easement along Spring Street and a 5-foot wide Utility Easement along Fletcher Avenue. PLANNING COMMISSION ACTION: Re uired ES Date: July 8, 2019 O Tabled 0 Forwarded O Denied Motion to fwd to CC recommending in favor Motion: Belden (during Agenda Session, PC discussed suggesting CC review Second: Johnson vacating excess ROW along the rest of Spring Street) ote: 9-0-0 Motion passes G:\ETC\Development Services Review\2019\Development Services\19-6712 VAC 155 N. Fletcher Ave. (Enlighten Homes) 485\ BUDGET STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map G:\ETC\Development Services Review\2019\Development Services\19-6712 VAC 155 N. Fletcher Ave. (Enlighten Homes) 485\ Petition to Vacate Street Right of Way 155 N. Fletcher Ave, Lot 1, Block 4 of Harrison's Addition To: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the R.O.W. on Spring Street, seek to abandon a portion of the existing R.O.W. Legal description and survey are attached. The existing R.O.W. on the eastern portion of Spring Street is 70'. For comparison, the R.O.W. for College Ave. is only 00'. The west portion of E. Spring (between College and Walnut, about 1,350') has a 43' R.O.W. This width allows for two travel lanes and one parking lane. The remainder of E. Spring (between Walnut and Fletcher, about 750) has a 70' R.O.W. We wish to reduce the R.O.W. width to 50' where it abuts our property. We have surveyed the property and have delineated the easement requested by the utility companies. We ask that the described real estate be vested in the abutting property owners as provided by law. Thank you for your consideration. Deborah and Dan Coody -11�ax - -- - - -------- MSP R/W- EXIST. R/W- I 0�lQIl EYLFFT AS SPECFlPILLY _ . SNOYIN w lm5 MT. Tx6 SUBLET mm J19E FVIRORE ro REFIfLT FIA' Of 1NE fOIlPMNO wwN YA'! BE APPIAJ9IE TO iXE v T NFN ESFAIE: IMOlbirr. 4O�I 11Ye1 IV6RiIL rJown Yxc.l NI% sWIC � tNE a+c w Yxin a nc vwxY: N[irMu�L w4s.wlr: s:, .rr Ilssl•L+ue 1A1 vv� LMO �a yIJUT4b xa nNr vemN enen MHNiI AN M,G mAIE IOUE SEWCN WY OSLDSE. THIS SNNEY 6 Vx.P ONLY R ThE ORAlv1f INCLUDED 1HE SEN. AVO SW1pI1RE OF THE SURVEYOR THIS SU1aiY NEEFS OR E%}IDS 1NE [IIRNENF-M04NSW1xIlY svwDFams Fw PROPERTY BOI1xDirtr suRrtvs raD —TV OECIIRATmN s MwE ro TILE aocxrl PURCIULSTA or THE BURNEY. rt s t61T TRNiSmANm£ ro AOOINDNPI n6mwrcTa oR wRSEwETrt DwaTs. SJBSIII6ACE ANO ETIVfWNMDTFAI wxP:IlO1C9 11111E NOT fxNNlVFO OR 0 20 40 6rn 1 " = 20' ; 11k PROPERTY OFSI^A>oTON LOT NUMBERED ONE (1) IN BLOCK NUMBERED FOUR (4) OF HARRISON'S ADDITION TO THE CITY OF FAYETTEYLLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EXCOFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. ALSO, THE EAST HALF 01 YEATER AVENUE, AN ABANDONED STREET AS PER CITY OF FAYETTEVILLE. ARKANSAS, ORDINANCE 3012, LYING NEST OF AND IMMEDIATELY ADJACENT TO THE WEST BOUNDARY OF SAID LOT CNE (1). STREET RIGHT - WAY 0N A PORTION OF THE THE PLATTEDTED RIGHT-OF-WAY OF SPRING STREET AS SHOWN ON THE PLAT OF HARRISON'S ADDITION TO THE CITY OF FAYETTEVILLE. ARKANSAS, AS PER PLAT OF $AID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WAS INGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT ONE (1) OF BLOCK FOUR (4) 07 SAID HARRISON'S ADDITION; THENCE N90'00'00'E 145.00 FEET ALONG THE PLATTED SOUTH RIGHT-OF-WAY LINE OF SPRING STREET TO THE NORTHEAST CORNER OF SAID LOT ONE (1). SAID POINT BEING THE PLATTED INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SPRING STREET AND THE WEST RIGHT-OF-WAY LINE OF FLETCHER AVENUE; THENCE NOO'S0'17"W 19.06 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SPRING STREET AS PER THE MASTER STREET PLAN OF FAYETTEVILLE. ARKANSAS; THENCE N90'00'00"W 175.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SPRING STREET AS PER THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS, TO A POINT, THENCE LEAVING THE SOUTH LINE OF SPRING STREET AS PER THE MASTER STREET PLAN OF FAYETTEMLLE, ARKANSAS, SOO50'17'E 19.G6 FEET TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SPRING STREET AS PER THE PLAT OF SAID HARRISON'S ADDITION, SAID POINT BEING IN THE CENTER OF YEAGER AVENUE. AN ABANDONED STREET AS PER CITY OF FAYETTEVILLE. ARKANSAS, ORDINANCE 3012; THENCE N90VC'00'E 30.00 FEET ALONG THE PLATTED SOUTH RIGHT-OF-WAY UhE OF SPRING STREET TO THE PDNT OF BEGINNING, CONTAINING 3350.0 SQUARE FEET (OM ACRES), MORE OR LESS. OWNER- ENLIGHTEN HOMES, LLC ADDRESS, 155 N. FLETCHER AVENUE FAYETTEVILLE. ARKANSAS 70NING- RMF-24, RESIDENTIAL MULTI -FAMILY TWENTY-FOUR (24) UNITS PER ACRE NOTE: PROPERTY IS LOCATED IN THE HILLSIDE/HILLTOP OVERLAY DISTRICT, YE N[�VV9CIm01� tlN[R6. #)F4• Twi uE �eamPD P[�m ��RY M/�bm V M MK [STA; pe OmGdifL-K». [O IYa4V ROutt 1 w t r�, !u ANCCF'f W K1EN1 M SIeYti M'IC Pul ipC MY.0 wJ.IIT A >'IY-�!O M 41r1R1 n9] X Wc .e wrr a �HTETmnic wo 1R rc P,ac n u rnY M2 TE4Y19er rMTW id,iwG • fFIWP4E mnw FIR V nC $_$� PS<>ATR AS Slpx oY Tx• PW ip M xJRFOZ a ,ax.., f� Ntll E O AE g NOP4 r ✓� T /En0 €ilMifYm Mf@Y Pl Tr( RPLTW.-IL" y w0 1a war v wwws rx ulLTa. DP weaNcc _ rr raca�� q a.n ns mv» aFnvc a vlw lY• rn�lq s. LEGEND ® f eNvvlaH vux o v FRE xrwMw • �. i elTEwtE x91P rv. BwOU�AxI d Eu�1C O `M1T x�xWxr ® CNiE BOY • Rw IA[ 94N VR sP O ••drN PEOFS anm x • Cl5 IR:ERr a rws srua ON K SU u Cl0 r o —SIsT I/O• xxl maw + COYPVIEII PWiT 4 CIS REPMTOR G SrAS MaNNNT ® wlr. 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LLC BOUNDARY SURVEY/ ENLIGHTEN HOMES LLC VAC 19-6712 One Mile View Ll L-1 ENLIGHTEN HOMES I 0 0.125 0.25 CS LAFAYETTE ST Subject Property RMF-24 . _w RSF-S • NC MARTIN LUTHER KING BLVD Legend I : Planning Area 16 1 T L _ _ Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint I-1 .0 Planning Area -- Fayetteville City Limits C 0.5 Miles RMF-6 NORTH 0 RSF-4 Zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY =E-1 IIIIIIII Residential -Agricultural COMMERCIAL RSF-.5 Resitlential-ORce RSF-1 C-1 RSF-2 C-2 RSF4 CJ RSF-] FORM BASED DISTRICTS RSF-8 Downtown Core RSF-18 Urban T1,. u here RESIDENTIAL MULTI -FAMILY Main Street Center RT-12 Resitlential Two and Tbrea-family Downtown General RMF-6 Community Service. RMF-12 I Neigbbarbaod Service. RMF-18 Neigbborbood Conservation RMF PLANNED ZONING DISTRICTS RMF-40 Commercial, Indualrial, Resitlential INDUSTRIAL INSTITUTIONAL -1 Heavy Commercial antl Light Intlusi = p-1 I-2 Gen.ral lndu.trial VAC 19-6712 Close Up View Legend Hillside -Hilltop Overlay District • - — Trail (Proposed) - ` Planning Area — Fayetteville City Limits Building Footprint ENLIGHTEN HOMES RMF-24 SPRING Subject Property Feet 0 50 100 200 300 400 1 inch = 150 feet A& NORTH RSF-4 RMF-24 P-1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0438 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 5 BLOCKER WALLACE SERVICE, LLC: AN ORDINANCE TO WAIVE COMPETITIVE AMOUNT OF $31,550.00 PLUS APPLICABLE BLOCKER & WALLACE SERVICE, LLC FOR THE WESTSIDE WASTEWATER TREATMENT ADJUSTMENT File Type: Ordinance BIDDING AND ACCEPT A QUOTE IN THE TAXES AND FREIGHT CHARGES FROM THE REPAIR OF TWO CYCLO-BLOWERS FOR FACILITY, AND TO APPROVE A BUDGET WHEREAS, two cyclo-blower units used at the Westside Wastewater Treatment Facility were shipped to Blocker & Wallace Service, LLC for disassembly and inspection and it was determined that both required either repair or replacement; WHEREAS, the cost of a new unit ranges from $24,000.00 to $33,500.00 and staff recommends that the units be repaired rather than replaced at this time; and WHEREAS, Blocker & Wallace Service, LLC is an authorized repair vender and has provided a repair quote in the total amount of $31,550.00 plus applicable taxes and freight charges; and WHEREAS, formal competitive bidding is not necessary for the repair of "hidden or unknown damages." 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 determines that because of Ark. Code Ann. §19-11-203(14)(EE), the repair of "hidden or unknown damages" does not require formal competitive bidding and, therefore, waives competitive bidding and accepts the repair quote in the amount of $31,550.00 (plus any applicable taxes and freight charges) from Blocker & Wallace Service, LLC and authorizes payment of that amount. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. City of Fayetteville, Arkansas Page 1 Printed on 81112019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0438 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2019 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends the repair of two (2) Gardner Denver brand cyclo-blowers for the West Side Treatment Facility by Blocker & Wallace Service LLC in the amount of $31,550.00 plus applicable taxes, and approval of a budget adjustment. Budget Impact: 5400.730.5800-5414.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 1,093,868.00 Funds Obligated $ 1,093,864.50 Current Balance 3.50 Does item have a cost? Yes Item Cost $ 34,626.13 Budget Adjustment Attached? Yes Budget Adjustment $ 34,627.00 Remaining Budget 1.37 Purchase Order Number: Change Order Number: Original Contract Number: V20180321 Previous Ordinance or Resolution # Approval Date: Comments: Taxes are estimated at $3,076.13 for a total of 34,626.13. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee Tim Nyander, Utilities Director FROM: Greg Weeks, Wastewater Treatment DATE: July 17, 2019 CITY COUNCIL MEMO SUBJECT: Repair of Cyclo-Blowers at the West Side Treatment Facility RECOMMENDATION: Staff recommends the repair of two (2) Gardner Denver brand cyclo-blowers for the West Side Treatment Facility by Blocker & Wallace Service LLC in the amount of $31,550.00 plus applicable taxes, and approval of a budget adjustment. BACKGROUND: The West Side Treatment Facility utilizes a biological nutrient removal process to treat an average of 7.2 million gallons of wastewater per day (2017, Annual AVG). Microorganisms, or `activated sludge' feed off both organic and inorganic pollutants in the wastewater. As the microorganisms feed and multiply, a portion of the process solids or sludge must be removed to maintain a proper balance between microorganism populations and available food. The removed solids or Waste Activated Sludge (WAS) are partially dewatered before being sent to the Biosolids Management Site (BMS) for further treatment and later sold as a Class -A Biosolid fertilizer. Before WAS is dewatered or sent to the BMS, it is temporarily stored in one of two tanks. During its storage time, mechanical cyclo-blowers mix and aerate the WAS mixture to prevent solids settling and the microorganisms from dying. Five cyclo-blowers are available to mix the contents of the WAS storage tanks; recently vibration analysis results indicated that two of the cyclo- blowers had hidden, internal points -of -failure requiring disassembly inspection and repair evaluation by a certified repair facility. DISCUSSION: Earlier this year, a cyclo-blower unit experienced an `Alarm' Condition Level during vibration analysis and was shipped to Blocker & Wallace Service LLC — a Gardner Denver factory authorized repair vendor — for disassembly, inspection and repair proposal. The unit's `Alarm' Condition Level was determined to be from Head Plate bore damage, caused by an internal bearing failure, and damage to the rotary shaft from failed internal and external lip seals. The damaged bore will require re-sleeving and machining repairs while the damaged rotary shaft will Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 require re-sleeving and new lip seals. This unit was quoted for repair by Blocker & Wallace in the amount of $15,725.00. A second unit that was sent to Blocker & Wallace for disassembly and inspection has experienced similar lip seal failures and needs to be repaired in the amount of $15,225.00. Considering that purchase prices for remanufactured or new blowers range from $24,000 to $33,500, staff recommends completion of the recommended repairs for the two cyclo-blower units in the amount of $30,950.00 plus estimated freight in the amount of $600.00. Taxes are estimated in the amount of $3,076.13 for a total of 34,626.13. Because it was necessary to have the repair facility disassemble the units to determine the extent of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD). BUDGET/STAFF IMPACT: Budgeted funds will be moved from the Sanitary Sewer Rehabilitation account to the Plant Pumps and Equipment account to cover the repair costs for the cyclo-blowers for the Westside WWTP. Funds being moved are budgeted funds for sewer rehabilitation/replacement and maintenance. Attachments: Quotes from Blocker & Wallace Service LLC Budget Adjustment R 1472 Rogers Ave U L�R ' Memphis, TN 38114 AL C _ 901-274-0708 Office b 901-278-4796 Fax Gardner Denver Factory Authorized Distributor, Repair, & Warranty Center 800-843-0551 Customer: Jeff Hickle From: Neil Brinkmeyer Company: City of Fayetteville' Pages: 3 Location: Fayetteville, AR Date: 6/19/2019 Fax: B&W Job # 15314 Phone: QUOTE # M29164 Blower Repair Quote / Evaluation Report Blower Model: Cycloblower 9CDL18 Serial Number: S257153A18 Last Repair Date: 1/25/2018 Customer Tracking Information: Cause Of Failure: Internal seal failure lead to a bearing failure. Drive Rotor Evaluation Results: Drive Rotor OD: i) Within factory allowable tolerances. Drive Bearing Ride: 2) Within factory allowable tolerances / specifications. Gear End Bearing Ride: (# 2) Within factory allowable tolerances / specifications . Rotor End Condition: (# s) Within factory allowable tolerances / specifications . Comments: #1 Rotor OD's i r Driven Rotor Evaluation Results: Bearing Rides: Drive end / bearing rides Gear end bearing rides Driven Rotor OD: (# 1) I Within factory allowable tolerances. Drive Bearing Ride: (# 2) within factory specifications and is ok to reuse. Gear End Bearing Ride: (# 2) Within factory specifications and is ok to reuse. Rotor End Condition: (# 3) Within factory specifications and is ok to reuse. Comments: Rotor Body End(s)l / (2 per rotor, for end not shown) Interlobe: Interlobe condition: Within factory allowable tolerances / specifications. Page 2 Comments: Interlobe clearances (rotor to rotor clearance) are the internal sealing tolerances and are critical to overall blower performance. Interlobe damage cannot be repaired due to the rotor body profile / design. Excessive Interlobe clearances will allow air to slip in the housing chamber which a causes loss of performance and potentially lead to overheating. Discharge End Head Plate: Interlobe locations Main Rotor Gate Rotor Surface Condition: (# 1) Within factory allowable tolerances / specifications . Bearing Bore Condition: (# 2) The head -plate bearing bore oversized due to the bearings failure and required machine work for repair. Air Seal Bore Condition: (# 3) Within factory allowable tolerances / specifications . Comments: #1 #2 Head Plate Surface: Bearing $ores: Air Seal Bores: #3 Suction End Head Plate: Surface Condition: Within factory allowable tolerances / specifications . Bearing Bore Condition: Damaged / oversized due to a bearing failure and will require re-sleeving / machining for repair. Air Seal Bore Condition: Within factory allowable tolerances / specifications. Comments: #s Head Plate Surface: #2 #3 Air Seal Bores: Gardner Denver AUTHORIZED DISTRIBUTOR Timing Gears: Overall Condition: Within factory allowable tolerances / specifications . Comments: Timing gears are essential to proper blower operation, by way of holding the rotor lobe positions which ensures contact free operation. Worn or damaged gears can potentially lead too Interlobe contact (rotor to rotor contact) or overall loss of internal operating clearances. Seal Journals: Timing gears: Timing Gear E— Pinion Gear 4 N 0 Internal Seal Journals: I Damaged due to grooves created by the old lip seals and will require repair with Speedie sleeves. External Seal Journals: I Damaged due to grooves created by the old lip seals and will require repair with Speedie sleeves. A seal journal is the area where the lip seal contacts the drive shaft. The seal journal condition is crucial in obtaining proper sealing. Over long periods of operation, lip seals can cut a groove into the steel shaft which creates a un- acceptable sealing surface. Damaged seal journals typically require sleeving for repair to insure proper sealing. Housing: Overall Condition: Within factory allowable tolerances. Repair Estimate: $159725 Lip Seal Journals: S Gear end seal journals Drive oil seal journals (Shaft spacers not shown) 90 - 92 (+/-5%) Estimated performance with a complete overhaul including a complete Factory INPRO Seal Overhaul Kit, sleeve gear headplate bearing bore, new oil sight gauges, new oil sump breather(s), sandblasting, polishing, assembly by factory trained technician, dynamically balanced rotors, testing & diagnostics under simulated load, paint, & decals. Completed in 2 - 3 w eeks from DOA, subject to curent shop load and parts availability at time of approval. Options: 1.) New 9CDL18 CycloBlower Availability 2) Remanufactured 9CDL18PX Availability: $34,320.00 6-8 weeks Subject to prior sale $23,804.00 * 4 - 6 weeks Subject to prior sale *Price shown is using the blower quoted above for repair to cover the "Factory Core Charge". ESTIMATED SHIPPING COST: $300.00 G, MRMI ERBOYER' Authonl Distributor Shipping Terms: Pre pay & add or collect on your specified carrier. Payment Terms: Net 30 Days - applicable taxes not included Quote Terms: Validity - 30 days, all repairs and sales are subject to Blocker and Wallace Service LLC Terms & Conditions of Sale. (Form# BWTcsA2012) Neil Brinkmeyer 901-274-0708 Office 901-278-4796 Fax www.blockerandwallace.com .. NOTICE: Un resolved Equipment for repair that is not approved for rebuild or replaced with a new or remanufactured unit may incccur a tear down / inspection fee and may also be scrapped out / thrown away / by Blocker & Wallace Service LLC **Pictures shown are for reference purposes only, after 90 days. styles and parts may vary. R 1472 Rogers Ave U L�R ' Memphis, TN 38114 AL C 901-274-0708 Office LLC 901-278-4796 Fax Gardner Denver Factory Authorized Distributor, Repair, & Warranty Center 800-843-0551 Customer: Jeremy Lacoe From: Neil Brinkmeyer Company: City of Fayetteville Pages: 3 Location: Fayetteville, AR Date: 7/12/2019 Fax: B&W Job # 15372 Phone: QUOTE # M29366 Blower Repair Quote / Evaluation Report Blower Model: Cycloblower 9CDL18 Serial Number: S257462 Org. Sale Date 4/29/2007 Customer Tracking Information: Cause Of Failure: Corrosion contamination closed up the internal operating clearances resulting in the unit failing. Drive Rotor Evaluation Results: Drive Rotor OD: (# i) Within factory allowable tolerances. Drive Bearing Ride: (# 2) Within factory allowable tolerances / specifications . Gear End Bearing Ride: (# 2) Within factory allowable tolerances / specifications . Rotor End Condition: (# 3) Within factory allowable tolerances / specifications . Comments: The rotor body surface has abrasions due to the rust contamination which will be removed with additional polishing. #1 Rotor OD's i r Driven Rotor Evaluation Results: Bearing Rides: Drive end bearing rides i Gear end bearing rides Rotor Body End(s)l / (2 per rotor, for end not shown) Driven Rotor OD: (# 1) I within factory allowable tolerances. Drive Bearing Ride: (# 2) within factory specifications and is ok to reuse. Gear End Bearing Ride: (# 2) Within factory specifications and is ok to reuse. Rotor End Condition: (# 3) Within factory specifications and is ok to reuse. Comments: The rotor body surface has abrasions due to the rust contamination which will be removed with additional polishing. Interlobe: Interlobe condition: Within factory allowable tolerances / specifications . Pace 2 Comments: Interlobe clearances (rotor to rotor clearance) are the internal sealing tolerances and are critical to overall blower performance. Interlobe damage cannot be repaired due to the rotor body profile / design. Excessive Interlobe clearances will allow air to slip in the housing chamber which a causes loss of performance and potentially lead to overheating. Discharge End Head Plate: Surface Condition: (# 1) Within factory allowable tolerances / specifications . Bearing Bore Condition: (# 2) Within factory allowable tolerances / specifications. Air Seal Bore Condition: (# 3) Within factory allowable tolerances / specifications. Comments: #1 #2 Head Plate Surface: Interlobe locations Main Rotor Gate Rotor #3 Bearing Bores: Air Seal Bores: Suction End Head Plate: Surface Condition: Within factory allowable tolerances / specifications . Bearing Bore Condition: Within factory allowable tolerances / specifications . Air Seal Bore Condition: Within factory allowable tolerances / specifications. Comments: #s Head Plate Surface: #2 Beariniz Bores: #3 Air Seal Bores: Gardner Denver AUTHORIZED DISTRIBUTOR Timing Gears: Overall Condition: Slight wear but are within factory backlash tolerances and will be reusable. The timming gears have slight back lash but are within factory allowable tolerances. Comments: Timing gears are essential to proper blower operation, by way of holding the rotor lobe positions which ensures contact free operation. Worn or damaged gears can potentially lead too Interlobe contact (rotor to rotor contact) or overall loss of internal operating clearances. Seal Journals: Timing gears: Timing Gear E- Pinion Gear 4NO- Internal Seal Journals: Damaged due to grooves created by the old lip seals and will be repaired with new rotor shaft sleeves. External Seal Journals: Damaged due to grooves created by the old lip seals and will be repaired with new rotor shaft sleeves. Lip Seal Journals: Drive oil seal journals (Shoff spacers not shown) A seal journal is the area where the lip seal contacts the drive shaft. The seal journal condition is crucial in obtaining proper sealing. Over long periods of operation, lip seals can Gear end seal journals cut a groove into the steel shaft which creates a un- acceptable sealing surface. Damaged seal journals typically require sleeving for repair to insure proper sealing. Housing: Overall Condition: I Abrasions caused by product contamination which will polish out with the standard overhaul. Comments: The housing surface has abrasions due to the rust contamination which can be removed with additional polishing Repair Estimate: $15,225 Pictures for reference only Page 3 90 - 92 (+/-5%) Estimated performance with a complete overhaul including a complete Factory INPRO Seal Overhaul Kit, new oil sight gauges, new oil sump breather(s), sandblasting, polishing, assembly by factory trained technician, dynamically balanced rotors, testing & diagnostics under simulated load, paint, & decals. Completed in 2 - 3 weeks from DOA, subject to curent shop load and parts availability at time of approval. ESTIMATED SHIPPING COST: $300.00 r LJ GARAWNV WER' Authorized Distributor Options: 3.) New 9CDL18 CycloBlower $34,320.00 Availability: 8-12 weeks Subject to prior sale 4.) Remanufactured 9CDL18PX $23,804.00 * W Availability: 6-8 weeks Subject to prior sale *Price shown is using the blower quoted above for repair to cover the "Factory Core Charge". Shipping Terms: Pre pay & add or collect on your specified carrier. Payment Terms: Net 30 Days - applicable taxes not included Quote Terms: Validity - 30 days, all repairs and sales are subject to Blocker and Wallace Service LLC Terms & Conditions of Sale. (Form# BwTCSA2012) Neil Brinkmeyer 901-274-0708 Office 901-278-4796 Fax www.blockerandwallace.com ** NOTICE: Un resolved Equipment for repair that is not approved for rebuild or replaced with a new or remanufactured unit may incccur a tear down / inspection fee and may also be scrapped out / thrown away / by Blocker & Wallace Service LLC —Pictures shown are for reference purposes only, after 90 days. styles and parts may vary. Copyright 2013 -2016 Blocker & Wallace Service LLC. CONFIDENTIALITY NOTICE: This Document, including any attachments and/or linked documents, is intended for the sole use of the intended addressee and may contain information that is privileged, confidential, proprietary, or otherwise protected by law. Any unauthorized review, dissemination, distribution, or copying is prohibited. If you are not the intended recipient, you are hereby formally notified that any unauthorized review, dissemination, use, copying, or distribution of this document, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this document from your system. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Plant Pumps and Equipment - WWTP project for the repair of Cyclo-Blowers at the Westside WWTP. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to this project to cover the cost of this item. The budgeted funds being transferred are for sewer rehabilitation/replacement and maintenance. COUNCIL DATE: LEGISTAR FILE ID#: 8/6/2019 2019-0438 L&k H utdw- wa- 7/1V2019 7:30 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.730.5800-5414.00 34,627 - 02069 1 EX Plant Equipment Maintenance 5400.720.5700-5815.00 (34,627) - 02017 1 EX Sewer Improvements H:\Budget Adjustments\2019_Budget\City Council\08-06-2019\2019-0438 BA Blocker & Walker Service LLC 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0453 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 6 File Type: Resolution WASHINGTON COUNTY NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT MOU: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND WASHINGTON COUNTY FOR THE CITY TO USE THE NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT AT NO COST THROUGH 2O19 WITH A FEE OF $40.00 PER DAY FOR EACH INDIVIDUAL THE CITY SENDS FOR TREATMENT BEGINNING ON JANUARY 1, 2020 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes Mayor Jordan to sign a Memorandum of Understanding with Washington County for the City to participate in the use of the Northwest Arkansas Crisis Stabilization Unit, at no cost to the City through 2019, with a daily fee of $40.00 per day for each individual the City sends for treatment beginning on January 1, 2020. City of Fayetteville, Arkansas Page 1 Printed on 81112019 City of Fayetteville Staff Review Form 2019-0453 Legistar File ID 8/6/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Don Marr, Chief of Staff 7/24/2019 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Memorandum of Understanding between the City of Fayetteville and Washington County for the use and participation with Northwest Arkansas Crisis Stabilization Unit with no budget impact cost for 2019. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ Current Balance $ Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: V20140710 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan City Council THRU: City Attorney City Clerk Mayor Lioneld Jordan FROM: Don Marr, Chief of Staff Greg Tabor, Chief of Police DATE: July 24, 2019 STAFF MEMO SUBJECT: Approval of Memorandum of Understanding with Northwest Arkansas Crisis Stabilization Unit RECOMMENDATION: To approve the memorandum of understanding for the City of Fayetteville to utilize the Northwest Arkansas Crisis Stabilization Unit. BACKGROUND: In June of this year, the County Judge Joseph Woods and County Attorney Brian Lester requested the City of Fayetteville to sign a memorandum of understanding with Washington County and the Northwest Arkansas Stabilization Unit to assist in the maintenance and operation of the NWA Crisis Stabilization Unit The State of Arkansas enacted Act 423 of 2017, otherwise known as the Criminal Justice Efficiency and Safety Act of 2017, which authorized the opening of regional crisis stabilization units and provided partial funding for the staffing of these units. Washington County recognizes that they have a responsibility to maintain and operate jails and acknowledge that there is an ever-increasing number of persons incarcerated in the Washington County Jail with mental health and co-occurring substance abuse issues. The City of Fayetteville and Washington County are searching for alternative solutions to incarceration. Washington County has secured an appropriate facility for the Northwest Arkansas Crisis Stabilization Unit which will help people stay out of jail by offering mental health and co- occurring substance treatment. These individuals tend to stay longer in jail and upon release, are at a higher risk of recidivism than people without these disorders. DISCUSSION: Washington County Judge Joseph Woods received state funding through State of Arkansas grant to establish a Crisis Stabilization Unit to provide services to individuals suffering from mental health and co-occurring substance treatment for a four (4) County area, which includes Washington County and the City of Fayetteville AR. In order for the City of Fayetteville to utilize Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the NWACSU and have options for taking individuals to a location other than the Washington County Jail the City will need to approve the attached MOU. BUDGET/STAFF IMPACT: This request will cost the City $40.00 per day up to the length of stay for each individual the City delivers to the NWACSU for treatment. The medical services provider shall determine the length of stay necessary. The length of stay for an individual admitted to the Unit shall not exceed the amount of time allowed by state and federal law. (The average length of stay shall not exceed 72 hours, and under no circumstances shall the length of stay exceed 96 hours.) This fee is waived in Section 3 of the MOU for 2019, stating "The payments identified ... shall commence on January 1, 2020". The Washington County Judge and the Criminal Justice Advisory Board shall review the fee amount annually and send notice of modifications by September 1 St of each year and these modifications shall go into effect January 1st of the following year. All modifications shall be given in writing and shall be signed by the participating counties, cities and law enforcement agencies. If the City of Fayetteville fails to appropriate funds for subsequent periods within the term of this agreement, the City shall not be obligated to make payments beyond the then current fiscal appropriation period. So, the City Council will approve funding each year and if it chooses not to, the agreement ends. Additionally, the City can exercise its right to terminate this agreement if the conflict cannot be resolved or by notifying all other agencies in writing at least thirty (30) days prior to such termination. Attachments: Memorandum of Understanding with Northwest Arkansas Crisis Stabilization Unit, Attachment 1 (Data Sharing), Attachment 2 (Criteria for Admission), Admission and Exclusion Criteria for Law Enforcement MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT This Memorandum of Understanding ("MOU") is entered into by and between Washington County, Arkansas ("Washington County") and the City of Fayetteville ("Fayetteville"). WITNESSETH: WHEREAS, counties routinely provide treatment services to the estimated 2 million people with serious mental illnesses booked into jail each year; and, WHEREAS, prevalence rates of serious mental illnesses in jails are three to six times higher than for the general public; and, WHEREAS, almost three-quarters of adults with serious mental illnesses in jails have co-occurring substance use disorders; and, WHEREAS, adults with mental illnesses tend to stay longer in jail and, upon release, are at a higher risk of recidivism than people without these disorders; and, WHEREAS, county jails spend two to three times more on adults with mental illnesses that require interventions compared to those without these treatment needs; and, WHEREAS, without the appropriate treatment and services, people with mental illnesses continue to cycle through the criminal justice system, often resulting in tragic outcomes for these individuals and their families; and, WHEREAS, all counties take pride in their responsibility to protect and enhance the health, welfare, and safety of its residents in efficient and cost-effective ways; and, WHEREAS, Washington County has secured an appropriate facility for the Northwest Arkansas Crisis Stabilization Unit ("NWACSU"), which will help people stay out of jail by offering mental health and co-occurring substance treatment; and, WHEREAS, through Stepping Up, the National Association of Counties, The Council of State Governments Justice Center, and the American Psychiatric Association Foundation are encouraging public, private, and nonprofit partners to reduce the number of people with mental illnesses in jails; and, WHEREAS, the Counties recognize that they have a responsibility to maintain and operate jails and acknowledge that there are increasing numbers of persons incarcerated in their respective county jails with mental health and co-occurring substance abuse issues and that jails are searching for alternative solutions to incarceration; and, WHEREAS, in an attempt to address these growing concerns the State of Arkansas enacted Act 423 of 2017, otherwise known as the Criminal Justice Efficiency and Safety Act of 2017, which authorized the opening of regional crisis stabilization units and provided partial funding for the staffing of said units; and, 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2EB91TG8\MOU Fayetteville.docx WHEREAS, the Counties and Cities acknowledge that Washington County alone cannot, and should not, be solely responsible for the maintenance and operations of the NWACSU; and, WHEREAS, the Counties and Cities desire to enter into a contractual agreement whereby County and City funds are made available to Washington County to assist in the maintenance and operation of the NWACSU. IT IS THEREFORE HEREBY AGREED THAT: Section 1. Payments. To help defray the cost of personnel, supplies, and services provided by the NWACSU, the City of Fayetteville agrees to pay forty dollars ($40.00.) per day, up to the length of stay, for each individual it delivers to the NWACSU for treatment. The medical services provider shall determine the length of stay necessary. A day is defined as any amount of time, during a calendar day, after acceptance for admission into the NWACSU. Section 2. Annual Review. The Washington County Judge and the Criminal Justice Advisory Board shall review the amount listed in Section 1 annually and send notice of modifications by September 1st of each year and said modifications shall go into effect January 1st of the following year. All modifications shall be in writing and signed by the participating counties, cities and law enforcement agencies. Section 3. Paymew Due Date. Washington County shall send an itemized bill to each County and City by the fifteenth (15th) day of each month. The payments identified above shall commence on January 1, 2020. Section 4. Use. Each County and City shall be responsible for transporting individuals to the NWACSU. If the NWACSU is at maximum capacity and unable to accept new individuals, the medical services provider will provide verbal notification to each CIT officer that calls in while the facility is closed to admissions. Section S. Ratification. If a County or City fails to ratify this agreement, that County or City may not participate in the NWACSU. Section 6. Duration. The duration of this agreement shall be perpetual, unless and until the State of Arkansas reduces or withdraws funding of the NWACSU. Section 7. Non -appropriation. Notwithstanding anything contained in this Agreement to the contrary, if a County or City fails to appropriate funds for subsequent periods within the term of this Agreement, the County or City shall not be obligated to make payment(s) beyond the then -current fiscal appropriation period provided that once an appropriation is made, the County or City is obligated to provide funds for that appropriation period. Section 8. Change of Designee. Should a County or City need to change its designee, the County or City shall immediately provide written notice to Washington County and the contracted medical services provider, so as to ensure that said County or City is provided with updates regarding current billing information. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\M0U Fayetteville.docx Section 9. Ownership and Disposition of Property. Washington County owns and will continue to own, or will enter into a lease agreement, for the facility that will house the NWACSU. All personal property, i.e. furniture, medical equipment, computer equipment, etc., provided at the facility is, and will continue to be, the property of Washington County. Cities and counties will have no legal authority, right, or title to the facility that houses the NWACSU or the personal property contained therein. Section 10. l..en th of Stay. The length of stay for an individual admitted to the NWACSU shall not exceed the amount of time allowed by state and federal law. The average length of stay shall not exceed 72 hours, and under no circumstances shall the length of stay exceed 96 hours. Section 11. Program Goal. The goal of the program is to improve the lives of individuals with behavioral health issues by assisting them to gain access to case management and other appropriate resources in the community. Section 12. Criminal Justice Advisory Board. The Northwest Arkansas Criminal Justice Advisory Board ("CJAB") will periodically review data and records of the participating jails and the NWACSU in order to assist with the transfer of data and/or make recommendations for protocols for the efficient use of criminal justice resources when applicable. Additionally, the Board will provide information regarding NWACSU activities and accomplishments to the Washington County Quorum Court upon request. Members of the Advisory Board will be appointed by the Washington County Judge. Section 13. Individual Agney Responsibilities and Staff Commitments: WASHINGTON COUNTY 1. Washington County will contract for and fund the construction of the NWACSU facility. 2. Washington County will provide ongoing maintenance and utilities for the NWACSU. 3. Washington County will enter into and manage the services contract with a medical services provider for the NWACSU. 4. Initially, only mental health and co-occurring substance abuse services will be provided at the NWACSU. In the future, sobering beds may added to the scope of services. 5. Washington County will participate as an active member in the CJAB. 6. Washington County will provide necessary training to new or replacement committee members. 7. Washington County will receive, analyze, and report all required data as required by the State of Arkansas ("State") in order to receive reimbursement for funding of the NWACSU. 8. Washington County will ensure that the medical services provider reports all data necessary to continue participation in the State CSU pilot program. PARTICIPATING COUNTIES, CITIES AND LAW ENFORCEMENT AGENCIES 1. The designated representative of each county and law enforcement agency shall contribute data to the program as defined in Attachment 1, Data Collection and Sharing. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\M0U Fayetteville.docx 2. The Counties and law enforcement agencies will ensure that its officers receive CIT training as required by state law. 3. The Counties and law enforcement agencies shall provide funding as agreed upon herein. 4. The law enforcement agencies shall provide transportation to the facility by a CIT trained officer, or his or her designee, for any individual who meets the agreed upon criteria for admission to the NWACSU as defined in Attachment 2, Criteria for Admission. 5. The law enforcement agencies agree that individuals may be sent to the NWACSU from jails or community mental health centers. At this time, the NWACSU shall prioritize services for individuals with whom CIT trained officers have made contact with during the normal course of their business and a determination that the individual meets the agreed upon criteria for admission to the NWACSU as defined in Attachment 2, Criteria for Admission is made. These individuals have not been charged with a crime or booked into a jail. 6. The Counties and law enforcement agencies will abide by all policies and procedures developed and agreed to between Washington County and the medical services provider, including but not limited to submittal of basic information prior to drop-off at the CSU; criteria for admissions. Section 14. Agreement. In creating this partnership and uniting around the goal of improving public safety, we are pledged to enhance communication and cooperation among regional counties, law enforcement agencies, and the medical services provider. Through this linkage of services, we expect improved outcomes and effectiveness in addressing the needs of persons with behavioral health issues. Section 15. Data Sharinp-. The partners agree that sharing data between and among themselves is crucial to the success of the NWACSU. Thus, the partners agree to develop a plan and protocols for the collection and sharing of program data, and to share all needed data, as long as doing so does not violate any law or regulation. Any information used and collected will be for the sole purpose of the NWACSU. Confidentiality of the program participant is paramount. However, compiled data, absent any individually identifying information, will be provided to State as required for continued participation in the State's crisis stabilization unit pilot program, for reimbursement purposes from the State, and to seek other funding sources, such as grants. Section 16. Conflict Resolution. Any conflict that arises will be referred to the Washington County Judge's Office for resolution. Washington County shall attempt to resolve the problem to ensure continuation of the Program. If unable to resolve the conflict, the individual county or city can exercise its right to terminate. Section 17. Agreement Modifications. Any individual county or city wishing to amend and/or modify this Agreement will notify the Washington County Judge's Office. Washington County will address the issue(s) for the purpose of modifying and/or amending the Agreement. Otherwise, the MOU shall be reviewed annually, beginning on January 1, 2020, by the Washington County Judge's Office to ensure compliance with best practices. All modifications shall be in writing and signed by the participating counties and law enforcement agencies. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\MOU Fayetteville.docx Section t 8. Termination of Agreement. Individual counties or law enforcement agencies contemplating termination of their participation in this Agreement shall first notify Washington County of their concerns. Washington County shall attempt to resolve the problem to ensure continuation of the program. If unable to resolve the problem, the individual county or city can exercise its right to terminate this Agreement for a material breach of this Agreement or by notifying all other agencies in writing a minimum of thirty (30) days prior to such termination. Section 19. Term. This MOU is effective when it is signed by all the parties and shall remain in effect until terminated. IN WITNESS WHEREOF, the parties have executed this Agreement. Washington County Judge Date Mayor of Fayetteville 7/24/2019 Date C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Co ntent.0utlook\2EB91TG8\M0U Fayetteville.docx MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAS CRISIS STABILIZATION UNIT TTACHMENT 1 DATA SHARING This attachment to the Memorandum of Understanding ("MOU") for the Northwest Arkansas Crisis Stabilization Unit ("NWACSU") provides detail as to the data -sharing component of the MOU. The details below are subject to modification upon negotiation among and agreement between the parties to the MOU. Considerations There are several points of common understanding that convey the spirit of this attachment: 1. "Data" means individual -level and comprehensive information housed in the party's records management system(s), to include, but not limited to, the following field descriptors; name, age, date of birth, race, sex, Social Security Number, individual's address, location of arrest, type hold, type charge, classification (felony or misdemeanor), court information, dispatch information (e.g., how the call was initiated, how many officers were deployed, how many ambulances were deployed, was a Crisis Intervention Team Officer involved, if not was a an officer with Crisis Intervention Training on scene, was the arrestee violent or did the officers use force), total number of individual's incarcerated, total number of incarcerated individuals with a serious mental illness, total number of individuals who screen positive on a mental health screen, total number of individuals who screen positive on a substance abuse screen, number of individuals who are diagnosed with a serious mental illness while incarcerated, average length of stay for individuals without a serious mental illness, average length of stay for individuals with a serious mental illness, recidivism rate for those without a serious mental illness, and recidivism rate for those with a serious mental illness. 2. "De -identify" means that parties will be responsible for removal of individual identifiers (name, Social Security Number, address) and, when necessary, replace them with alternative unique identifiers prior to the transfer of arrest information to Washington County. 3. Parties shall deliver Data through a mutually agreed upon format and secured data transmission process. Counties and law enforcement agencies are responsible for the security of the Data prior to and during transmission. Recipient is responsible for the security of the Data after transmission. 4. Whenever possible, the parties will share existing Data, rather than having to collect/ create new Data that does not exist at the time of this agreement. 5. All of the parties agree that, to the extent possible, the parties wish to operate the Deflection Program efficiently, while avoiding the creation of new work for their individual staff. 6. The Data provided to the Program will be restricted to that which is needed for the Program's purposes. 7. Parties may not use the Data to contact any individual who is the subject of the information. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Co ntent.0utlook\2EB91TG8\M0U Fayetteville.doa 8. At all times, the parties in the Program will be the owners of their own Data. 9. At all times, the parties in the Program will de -identify mental health information received in the course of Program activities and shall be kept such Data confidential and nonpublic, and in accordance with applicable federal, state, and local laws. See Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL- 111-5), (collectively referred to hereinafter as "HIPAA"); Ark. Code Ann. § 25-19-105. 10. All parties to the MOU are bound by applicable laws and regulations at the federal, state, and local levels. 11. Parties shall report to the involved party within twenty-four (24) hours of becoming aware of any security breach or use or disclosure of the party's Data in violation of this Agreement or applicable law. Data specifies 1. The initial Data that will be provided to the medical services provider, as the central point for the Program, includes the following as available: • Name • Date of birth • Contact information for the individual • Date, time and location of call • Time spent on call • Case notes- including previous law enforcement contact with the individual • Answer to questions: o "Would this person benefit from behavioral health/substance abuse services?" o "Is the person open to treatment and follow-up contact?" The above Data will be provided by the law enforcement agency prior to dropping off the individual at the CSU. 2. Each participating county/local jail shall immediately provide medical records to the NWACSU upon receipt of a signed authorization and/or release provided by the NWACSU or pursuant to a simple request from NWACSU, if a Business Associate Agreement has been entered into. 3. Each participating county/local jail and law enforcement agency shall provide Data and records as requested by the CJCC. 4. Each participating county/local jail and law enforcement agency shall provide Data and records as requested by Washington County for the purpose of seeking reimbursement from the State and/or compiling data to seek additional opportunities to grow the NWACSU Program. 5. Each participating county/local jail and law enforcement agency shall provide Data and records in accordance with the rules promulgated by the Arkansas Crime Information Center (ACIC) pursuant to Act 423 of 2017. Modifications The specifics of this attachment are subject to modification by the partners to the MOU. Requested/proposed modifications will be subject to the modification provision in the MOU. 7/24/2019 CAUsers\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\M0U Fayetteville.docx MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAAS CRISIS STABILIZATION UNIT ATTACHMENT 2 CRITERIA FOR ADMISSION DEFINITION. A Crisis Stabilization Unit (CSU) is defined as a program of non -hospital emergency services, with sixteen or fewer beds, providing crisis stabilization for individuals who are experiencing a behavioral health crisis and/or detained by law enforcement, as authorized by Act 423 of 2017. CSUs provide observation, evaluation and emergency treatment and referral, when necessary, for inpatient psychiatric or substance use disorder treatment services. DESCRIPTION DF SF:RVIt'1;: This level of care provides a facility -based program where patients with an urgent/emergent need can receive crisis stabilization services in a safe, structured setting. It provides continuous 24-hour observation and supervision for individuals who do not require intensive clinical treatment in an inpatient setting and would benefit from a short-term structured stabilization setting. The primary objective of the CSU is to promptly conduct a comprehensive assessment of the patient and to develop a treatment plan with emphasis on crisis intervention services necessary to stabilize and restore the patient to a level of functioning that requires a less restrictive level of care. CSU stays are short-term, with efficient and coordinated transfer of the individual to a less restrictive level of care following stabilization or a more restrictive level of care as needed. Prior to discharge, there is a documented active attempt at coordination of care with appropriate community -based services or agencies. Licensure and credentialing requirements specific to facilities and individual practitioners do apply and are found in the Arkansas Department of Human Services, Behavioral Health Acute Crisis Unit Certification. ADMISSION CRITERIA: All the following criteria are necessary for admission to this level of care. 1. A law enforcement officer, employed by a participating county and/or law enforcement agency, who has received crisis intervention training ("CIT") as mandated by state law, makes contact with the individual and determines that the CSU is an appropriate option for the individual. 2. Law enforcement has not made contact with the individual due to the commission of a felony level offense. 3. The individual is eighteen (18) years old or older. 4. The individual presents with acute onset or exacerbation of a behavioral health related condition, not constituting an immediate substantial likelihood or harm, but if left untreated may deteriorate into a behavioral health emergency. 5. There is clinical evidence that the individual's active symptomology is consistent with a DSM 5 diagnosis that is primarily psychiatric in nature (i.e., not solely due to developmental disability, neurological condition, or substance abuse disorder). 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0 utlook\2EB91TG8\M0U Fayetteville.docx 6. The individual's condition can be reasonably expected to respond to intensive, structured intervention and stabilization, allowing the individual to continue to receive services at a less restrictive level of care. 7. The individual voluntarily consents to receive services at this level of care. 8. The individual is presently on an involuntary commitment but is without a current pick up order issued by the court. 9. Priority of admission shall be given to individuals in the "Cohort Group" established by Washington County as required by DHS for participation in the CSU Pilot Program. The "Cohort Group" shall consist of all individuals in the counties of Washington, Madison, Benton, and Carroll. 10. If the NWACSU is at maximum capacity and unable to accept new individuals, the medical services provider will provide verbal notification to each CIT officer that calls in while the facility is closed to admissions. EXCLUSION CRITERIA: Any of the following criteria are sufficient for exclusion from this level of care: 1. The individual's psychiatric and/or medical condition is of such severity that it can only be safely treated in an inpatient setting, including, but not limited to: a. The individual demonstrates suicidal/assaultive/destructive ideas, threats, or plans, which present risk to self or others as evidenced by degree of intent, lethality of plan, means, hopelessness or impulsivity. b. The individual is imminently unable to care adequately for his/her own physical needs due to disordered/bizarre behavior to the extent that immediate stabilization is required. c. The individual meets InterQual criteria for admission to a hospital for planned medical detox. d. The individual is presently on conditional release under Act 911. e. The individual is presently on involuntary commitment with a current pick up order that has been issued by the court. 2. The individual has a history of poorly controlled epilepsy as show by seizures in the last seven (7) days. 3. The individual has had a recent head injury, which was observed by the referring party. 4. Individuals with casts, canes, or who are otherwise non -ambulatory. 5. Individuals with open wounds requiring extensive wound care. 6. The individual can be safely maintained and effectively treated in a less intensive and less restrictive level of care. 7. The primary problem is socioeconomic (i.e., family conflict, lack of housing etc.) or one of physical health without a concurrent major psychiatric episode meeting criteria for this level of care. 8. The care being provided to the individual is primarily custodial in nature. 9. Individuals who attempt to "walk -into" the NWACSU. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2EB91TG8\M0U Fayetteville.docx CONTINUED STAY CRITERIA: All the following criteria are necessary for continuing treatment at this level of care: 1. The individual's condition continues to meet admission criteria at this level of care and does not require a more intensive level of care. 2. Care is rendered in a clinically appropriate manner, is focused on the individual's behavioral and functional outcomes and is carefully structured to achieve optimum results in the most time efficient manner possible consistent with sound clinical practice. 3. Progress in relation to specific symptoms or impairments is clearly evident and can be described in objective terms, but goals of treatment have not yet been achieved or there has been clinically appropriate treatment plan adjustments to address the lack of progress. 4. There is a documented active attempt at coordination of care with appropriate community -based services or agencies. DISCHARGE CRITERIA: Any of the following criteria are sufficient for discharge at this level of care: 1. The individual's documented treatment plan goals and objectives have been substantially met. 2. The individual has clinically improved and stabilized to the point where they can be safely maintained and effectively treated in a less intensive and less restrictive level of care. 3. The individual is not making progress toward treatment goals and there is no reasonable expectation of progress at this level of care. 4. The member is not likely to respond or is not responding to stabilization efforts and requires a more structured, monitored, and locked unit in order to assure the member's or others' safety. 5. The individual is in need of acute medical treatment requiring a hospital setting. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\M0U Fayetteville.docx ADMISSIONS AND EXCLUSION CRITERIA FOR LAW ENFORCEMENT The NWACSU will perform admissions twenty-four hours a day, seven days a week, three - hundred and sixty-five days of the year. ADMISSION CRITERIA: 1. A law enforcement officer, employed by a participating county and/or law enforcement agency, who has received crisis intervention training ("CIT") as required by state law, makes contact with the individual and determines that the NWACSU is an appropriate option for the individual. 2. The individual is eighteen (18) years old or older. 3. The individual is exhibiting symptoms of a mental health disorder. 4. The individual's behavior is not solely due to intoxication. 5. The individual is not actively suicidal or homicidal (i.e. does not have an immediate plan or intent to hurt self or others). 6. The individual would benefit from NWACSU services. 7. The individual voluntarily consents to receive services at the NWACSU. 8. The individual is presently on an involuntary commitment but is without a current pick up order issued by the court. 9. Priority of admission shall be given to individuals in the Cohort Group as established by Washington County. EXCLUSION CRITERIA: 1. Acute intoxication that results in inability to walk. 2. Gross functional impairment for any reason, medical or psychiatric (i.e. unable to speak or manage basic needs, such as basic hygiene, toileting, etc.). 3. Medical conditions that would warrant the NWACSU an unsafe facility for the individual (i.e. individuals with casts, canes, open wounds that require wound care, etc.). 4. History of aggressive acts toward staff in facility settings. 5. The individual is presently on conditional release under Act 911. 6. The individual is presently on involuntary commitment with a current pick up order that has been issued by the court. 7/24/2019 C:\Users\dmarr\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\2EB91TG8\M0U Fayetteville.docx City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0429 Agenda Date: 8/6/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D. 1 File Type: Presentation AGENDA SESSION PRESENTAITON - POLICE DEPARTMENT PRESENTATION City of Fayetteville, Arkansas Page 1 Printed on 81112019