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HomeMy WebLinkAbout2019-12-17 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting December 17, 2019 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on December 17, 2019 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report APPROVED Agenda Additions: A. Consent 1. Approval of the November 14, 2019 Special City Council Meeting minutes and November 19, 2019 City Council Meeting minutes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov APPROVED 2. BID #20-01 Time Striping, Inc.: A resolution to award BID #20-01 and authorize the purchase of reflectorized paint markings from Time Striping, Inc. in variable amounts and for varying unit prices as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 288-19 3. Sweetser Construction, Inc.: A resolution to award BID #20-02 and authorize the purchase of curb and gutter construction from Sweetser Construction, Inc. in variable amounts and for varying unit prices as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 289-19 4. BID #20-04 APAC- Central, Inc.: A resolution to award BID #20-04 and authorize the purchase of concrete from APAC-Central, Inc. as primary supplier in variable amounts and to authorize the use of other bidders based on price and availability as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 290-19 5. BID #20-05 Hunt -Rogers Materials: A resolution to award BID #20-05 and authorize the purchase of aggregate materials from Hunt -Rogers Materials, LLC as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 291-19 6. BID #20-07 Les Rogers, Inc.: A resolution to award BID #20-07 and authorize the purchase of hillside gravel from Les Rogers, Inc. in variable amounts and for varying unit prices as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 292-19 7. BID #20-08 Ferguson Waterworks: A resolution to award BID #20-08 and authorize the purchase of plastic drainage pipe from Ferguson Waterworks in variable amounts and for varying unit prices as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 293-19 8. BID #20-09 Scurlock Industries: A resolution to award BID #20-09 and authorize the purchase of concrete drainage pipe from Scurlock Industries as a primary supplier in variable amounts as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 294-19 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 9. BID #20-10 Les Rogers, Inc.: A resolution to award BID #20-10 and authorize the purchase of screened topsoil from Les Rogers, Inc. as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 295-19 10. BID #20-11 Retaining Wall Blocks: A resolution to award BID #20-11 and authorize the purchase of retaining wall blocks for varying unit prices from various vendors, based on individual job design, specification and cost evaluation, as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 296-19 11. BID #20-12 Hutchens Construction Company LLC: A resolution to award BID #20-12 and authorize the purchase of high-performance cold mix asphalt from Hutchens Construction Company, LLC as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 297-19 12. BID #20-14 Tree Grates and Frames: A resolution to award BID #20-14 and authorize the purchase of tree grates from Neenah Foundry Company as primary supplier and the purchase of tree frames from Ferguson Waterworks as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 298-19 13. BID #20-17 Geveko Markings, Inc.: A resolution to award BID #20-17 and authorize the purchase of preformed thermoplastic pavement markings from Geveko Markings, Inc. in variable amounts and for varying unit prices as needed through the end of 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 299-19 14.Osher Lifelong Learning Institute: A resolution to approve a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the airport terminal building to be used by the Osher Lifelong Learning Institute to conduct classes from January 1, 2020 through December 31, 2020 in the amount of $25.00 for each day the space is used. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 300-19 15.2019 Federal and State Forfeitures: A resolution to approve a budget adjustment in the total amount of $60,783.00 recognizing revenue associated with Federal and State Law Enforcement Forfeitures and reimbursement payments from the United States Department of Homeland Security. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 301-19 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 16. Police Department Donations: A resolution to approve a budget adjustment in the total amount of $3,850.00 recognizing donation revenue to the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 302-19 17. Bonfire Interactive, LTD: A resolution to authorize a one-year contract with Bonfire Interactive, LTD. For electronic bidding software in the amount of $19,000.00 with Automatic Renewals for up to four additional one-year terms in the amount of $15,000.00 per year with an annual maintenance increase of no more than 3% and to approve an annual project contingency in the amount of $2,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 303-19 18. Arkansas Department of Transportation: A resolution to authorize Mayor Jordan to convey a 967 square foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (South School to Armstrong) Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 304-19 19. Boston Mountain Recycling Grant: A resolution to authorize acceptance of a 2019 Arkansas Department of Environmental Quality Grant through the Boston Mountain Solid Waste District in the amount of $8,000.00 for the purchase of recycling dollies, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 305-19 20. Technology International, Inc.: A resolution to award BID #19-55 and authorize the purchase of a clarifier scum pump from Technology International, Inc. in the amount of $20,931.00 plus applicable taxes and freight charges for the Noland Wastewater Treatment Facility, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 306-19 21. Arkansas One -Call System, Inc.: A resolution to approve the purchase of utility locating services for 2020 from Arkansas One -Call System, Inc. in an amount not to exceed $30,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 307-19 B. Unfinished Business: 1. RZN 19-6853 (1278 W. Hendrix St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 19-6853 for approximately 0.51 acres located at 1278 West Hendrix Street from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. At the November 19, 2019 City Council Meeting this item was left on the first reading. At the December 3, 2019 City Council Meeting this item was left on the second reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov PASSED AND SHALL BE RECORDED AS ODRINANCE NO. 6268 2. ADM 19-6649 (City Plan 2040): A resolution to approve and adopt City Plan 2040 as the comprehensive land use plan for the City of Fayetteville and its planning area, and to approve and adopt the future land use map, the Master Street Plan, and the Active Transportation Plan Map. At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. THIS ITEM WAS TABLED TO THE JANUARY 7, 2020 CITY COUNCIL MEETING 3. ADM 19-6652 (71B Corridor Plan): A resolution to approve a work program to implement the 71 B Corridor Plan. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 308-19 C. New Business: 1. Asphalt Materials: An ordinance to waive the requirements of formal competitive bidding during calendar year 2020 for the purchase of asphalt materials for use by the Transportation Division but to require informal quarterly bids or quotes. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6269 2. JCI Industries, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $21,890.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the repair of two Anoxic Mixer gearboxes for the Noland Wastewater Treatment Facility, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6270 3. RZN 19-6914 (429 E. MLK Blvd./Espinoza): An ordinance to rezone that property described in Rezoning Petition RZN 19-6914 for approximately 0.24 acres located at 429 East Martin Luther King, Jr. Boulevard From NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6271 4. Seven Hills Homeless Center: An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $113,400.00 for services to homeless and needy residents in Fayetteville in 2020. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6272 5. Cultural Arts Corridor Project: A resolution to express the City Council's intent to consider all three potential replacement parking sites as part of the Cultural Arts Corridor Project, and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov to encourage the City to seek opportunities to provide additional benefits including housing, arts production facilities, and other uses that further the City's expressed priorities. THIS ITEM WAS TABLED TO THE JANUARY 7, 2020 CITY COUNCIL MEETING 6. Sage Partners, LLC: A resolution to authorize Mayor Jordan to sign letters of intent with Sage Partners, LLC, on behalf of Fayetteville Depot, LLC and Farmers & Merchants Bank (F/K/A The Bank of Fayetteville), for the purchase of approximately 0.6 acres along with necessary permanent access and temporary construction easements at the Northwest corner of West Avenue and Dickson Street for the construction of a replacement parking deck for the total amount of $350,000.00, the conveyance of liner building space and approximately 0.2 acres at the North end of the Civic Plaza. THIS ITEM WAS TABLED TO THE JANUARY 7, 2020 CITY COUNCIL MEETING Announcements City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 12:26 AM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting: December 17, 2019 Adjourn: /� ; )A AA - Subject: Subject: Motion To: Motion By: Seconded: Roll Smith Gutierrez a vv f Marsh Smith Gutierrez Kinion Marsh Petty y/ Scroggin Kinion / Bunch v1' Pettyy Turk Scroggin Mayor Jordan Bunch 9-0 a vv f Smith Gutierrez Marsh Kinion / Pettyy Scroggin Bunch Turk Mayor Jordan City Council Meeting: December 17, 2019 Subject: Consent Motion To: Motion By: r Seconded:', A. 1- A. 21 Smith ✓ Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty Petty Scroggin Scroggin Bunch Bunch Turk Turk Mayor Jordan Mayor Jordan 1� -0 Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: December 17, 2019 Subject: RZN 19-6853 (1278 W Hendrix St./Fugitt) 2019-0735 Motion To: —� Motion By: Motion By: f0 tib Seconded: Smith 1 � Gutierrez Smith V Marsh Gutierrez ho Kinion Unfinished Marsh Petty Business B. 1 Kinion Scroggin �l Petty Bunch Turk Scroggin V V Mayor Jordan Bunch Turk / Mayor Jordan 7-3 Subject: ADM 19-6649 (City Plan 2040) 2019-0799 Motion To: —� Motion By: Seconded: f0 tib Unfinished Business B.2 Smith J J Gutierrez J Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Z�-p City Council Meeting: December 17, 2019 Subject: ADM 19-6652 (71B Corridor Plan) 2019-0792 Motion To: Motion By: Seconded: Unfinished Business B.3 3� I Smith Gutierrez Marsh ✓ Kinion Petty Scroggin Scroggin Bunch Y Turk Turk Mayor Jordan Mayor Jordan Subject: Motion To: Motion By: Seconded: Unfinished Business Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: December 17, 2019 Subject: Asphalt Materials 2019-0822 Motion To: �'` n"I 3rd w"4 ry J Motion By: K n i t*- ,U) Seconded: 1 ff Tu -Y New Business C.1 Smith Gutierrez Marsh J ✓ Kinion J ,� Petty ✓ V Scroggin Bunch Turk e/ v / Mayor Jordan Subject: JCI Industries, Inc. 2019-0854 Motion To: Motion By: Seconded: 1 ff 0, I v�, New Business C.2 Smith Gutierrez Marsh ✓ Kinion ✓ ,� Petty ✓ V Scroggin Bunch Turk e/ v / Mayor Jordan �-O �-o $-0 City Council Meeting: December 17, 2019 Subject: RZN 19-6914 (429 E. MLK Blvd./Espinoza) 2019-0860 Motion To: r� d Paid IAmfoe-, Motion By: 'y ,i �� i •II���- ��C,� 1n� t- L SA Seconded: Seconded; New Business C.3 �C 1\ �j Smith Smith Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty r V Scroggin Scroggin ✓ ✓ Bunch Bunch Turk l Mayor Jordan Mayor Jordan Subject: Seven Hills Homeless Center 2019-0850 Motion To: d �,� d Paid IAmfoe-, Motion By: ��jax&n SA Seconded; New Business C.4 Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: December 17, 2019 Subject: Cultural Arts Corridor Project 2019-0892 Motion To:✓ J'Iri 0 POP rJ �` �- Motion By: Seconded: Seconded: New Business C.5 Smith New Business C.6 Smith Gutierrez Gutierrez Marsh Marsh Kinion Kinion Petty Petty +, WI Scroggin Scroggin Bunch Bunch Turk Turk / Mayor Jordan Mayor Jordan Subject: Sage Partners, LLC 2019-0898 Motion.To: J'Iri 0 POP oLU_0 C 1119e � Motion By: Seconded: New Business C.6 Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk / Mayor Jordan V �'b $� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 AL I r City Council Agenda Session Tentative Agenda Tuesday, December 10, 2019 4:30 PM City Hall Room 326 Citv 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 Kara Paxton City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A.onsent: Ai. 2019-0022 APPROVAL OF THE NOVEMBER 14, 2019 SPECIAL CITY COUNCIL MEETING AV/MINUTES AND NOVEMBER 19, 2019 CITY COUNCIL MEETING MINUTES 2 2019-0816 BID #20-01 TIME STRIPING, INC.: December 10, 2019 A RESOLUTION TO AWARD BID #20-01 AND AUTHORIZE THE PURCHASE OF REFLECTORIZED PAINT MARKINGS FROM TIME STRIPING, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 A.3 2019-0818 BID 420-02 SWEESTER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID #20-02 AND AUTHORIZE THE PURCHASE OF CURB AND GUTTER CONSTRUCTION FROM SWEETSER CONSTRUCTION, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 2 Printed on 121512019 City C?uracil Agenda Session Agenda Session Tentative Agenda 2019-0820 BID 420-04 APAC-CENTRAL, INC.: December 10, 2019 A RESOLUTION TO AWARD BID #20-04 AND AUTHORIZE THE PURCHASE OF CONCRETE FROM APAC-CENTRAL, INC. AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 A 5 2019-0821 BID #20-05 HUNT-ROGERS MATERIALS: A RESOLUTION TO AWARD BID #20-05 AND AUTHORIZE THE PURCHASE OF AGGREGATE MATERIALS FROM HUNT-ROGERS MATERIALS, LLC AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 A 6 2019-0823 BID 420-07 LES ROGERS, INC.: A RESOLUTION TO AWARD BID #20-07 AND AUTHORIZE THE PURCHASE OF HILLSIDE GRAVEL FROM LES ROGERS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 A." 7 2019-0824 BID 920-08 FERGUSON WATERWORKS: A RESOLUTION TO AWARD BID #20-08 AND AUTHORIZE THE PURCHASE OF PLASTIC DRAINAGE PIPE FROM FERGUSON WATERWORKS IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 3 Printed on 121512019 City 510uncil Agenda Session Agenda Session Tentative Agenda 2019-0825 BID #20-09 SCURLOCK INDUSTRIES: December 10, 2019 A RESOLUTION TO AWARD BID #20-09 AND AUTHORIZE THE PURCHASE OF CONCRETE DRAINAGE PIPE FROM SCURLOCK INDUSTRIES AS A PRIMARY SUPPLIER IN VARIABLE AMOUNTS AS NEEDED THROUGH THE END OF 2020 9 2019-0826 BID #20-10 LES ROGERS, INC.: A RESOLUTION TO AWARD BID #20-10 AND AUTHORIZE THE PURCHASE OF SCREENED TOPSOIL FROM LES ROGERS, INC. AS NEEDED THROUGH THE END OF 2020 A10 2019-0827 BID #20-11 RETAINING WALL BLOCKS: A RESOLUTION TO AWARD BID #20-11 AND AUTHORIZE THE PURCHASE OF RETAINING WALL BLOCKS FOR VARYING UNIT PRICES FROM VARIOUS VENDORS, BASED ON INDIVIDUAL JOB DESIGN, SPECIFICATION AND COST EVALUATION, AS NEEDED THROUGH THE END OF 2020 A. 1 2019-0828 BID #20-12 HUTCHENS CONSTRUCTION COMPANY LLC: A RESOLUTION TO AWARD BID 920-12 AND AUTHORIZE THE PURCHASE OF HIGH-PERFORMANCE COLD MIX ASPHALT FROM HUTCHENS CONSTRUCTION COMPANY, LLC AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 4 Printed on 121512019 City Council Agenda Session Agenda Session Tentative Agenda f A. "I 2 2019-0829 BID #20-14 TREE GRATES AND FRAMES: December 10, 2019 A RESOLUTION TO AWARD BID 420-14 AND AUTHORIZE THE PURCHASE OF TREE GRATES FROM NEENAH FOUNDRY COMPANY AS PRIMARY SUPPLIER AND THE PURCHASE OF TREE FRAMES FROM FERGUSON WATERWORKS AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 A. 3 2019-0830 BID #20-17 GEVEKO MARKINGS, INC.: A RESOLUTION TO AWARD BID #20-17 AND AUTHORIZE THE PURCHASE OF PREFORMED THERMOPLASTIC PAVEMENT MARKINGS FROM GEVEKO MARKINGS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 r A.',,] 4 2019-0848 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM JANUARY 1, 2020 THROUGH DECEMBER 31, 2020, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED City of Fayetteville, Arkansas Page 5 Printed on 121512019 City 70uncil Agenda Session Agenda Session Tentative Agenda 5 2019-0858 A. 6 A. 7 2019 FEDERAL AND STATE FORFEITURES: December 10, 2019 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $60,783.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND REIMBURSEMENT PAYMENTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY 2019-0859 POLICE DEPARTMENT DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $3,850.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT 2019-0868 BONFIRE INTERACTIVE, LTD: A RESOLUTION TO AUTHORIZE A ONE YEAR CONTRACT WITH BONFIRE INTERACTIVE, LTD. FOR ELECTRONIC BIDDING SOFTWARE IN THE AMOUNT OF $19,000.00 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN THE AMOUNT OF $15,000.00 PER YEAR WITH AN ANNUAL MAINTENANCE INCREASE OF NO MORE THAN 3%, AND TO APPROVE AN ANNUAL PROJECT CONTINGENCY IN THE AMOUNT OF $2,000.00 City of Fayetteville, Arkansas Page 6 Printed on 1215/2019 City Council Agenda Session Agenda Session Tentative Agenda 8 2019-0844 ARKANSAS DEPARTMENT OF TRANSPORTATION: December 10, 2019 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 967 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT A.19 2019-0852 2019 BOSTON MOUNTAIN RECYCLING GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2019 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $8,000.00 FOR THE PURCHASE OF RECYCLING DOLLIES, AND TO APPROVE A BUDGET ADJUSTMENT I ,1.,2[1 2019-0861 TECHNOLOGY INTERNATIONAL, INC.: A RESOLUTION TO AWARD BID #19-55 AND AUTHORIZE THE PURCHASE OF A CLARIFIER SCUM PUMP FROM TECHNOLOGY INTERNATIONAL, INC. IN THE AMOUNT OF $20,931.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT r AI 2019-0849 ARKANSAS ONE -CALL SYSTEM, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF UTILITY LOCATING SERVICES FOR 2020 FROM ARKANSAS ONE -CALL SYSTEM, INC. IN AN AMOUNT NOT TO EXCEED $30,000.00 City of Fayetteville, Arkansas Page 7 Printed on 121512019 City Council Agenda Session Agenda Session Tentative Agenda B. Unfinished Business: . 1 2019-0735 RZN 19-6853 (1278 W. HENDRIX ST./FUGITT): December 10, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6853 FOR APPROXIMATELY 0.51 ACRES LOCATED AT 1278 WEST HENDRIX STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE At the November 19, 2019 City Council Meeting this item was left on the first reading. At the December 3, 2019 City Council Meeting this item was left on the second reading. B 2 2019-0799 ADM 19-6649 (CITY PLAN 2040): A RESOLUTION TO APPROVE AND ADOPT CITY PLAN 2040 AS THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF FAYETTEVILLE AND ITS PLANNING AREA, AND TO APPROVE AND ADOPT THE FUTURE LAND USE MAP, THE MASTER STREET PLAN, AND THE ACTIVE TRANSPORTATION PLAN MAP At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. B� 3 2019-0792 ADM 19-6652 (71B CORRIDOR PLAN): A RESOLUTION TO APPROVE A WORK PROGRAM TO IMPLEMENT THE 71B CORRIDOR PLAN At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. C. New Business: City of Fayetteville, Arkansas Page 8 Printed on 121512019 City C uncil Agenda Session Agenda Session Tentative Agenda 1 2019-0822 ASPHALT MATERIALS: December 10, 2019 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING DURING CALENDAR YEAR 2020 FOR THE PURCHASE OF ASPHALT MATERIALS FOR USE BY THE TRANSPORTATION DIVISION BUT TO REQUIRE INFORMAL QUARTERLY BIDS OR QUOTES 2 2019-0854 JCI INDUSTRIES, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $21,890.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF TWO ANOXIC MIXER GEARBOXES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT Q'3 2019-0860 RZN 19-6914 (429 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6914 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 429 EAST MARTIN LUTHER KING, JR. BOULEVARD FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 9 Printed on 1215/2019 City Council Agenda Session Agenda Session Tentative Agenda 4 2019-0850 SEVEN HILLS HOMELESS CENTER: December 10, 2019 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2020 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment vkxrat LU � qw City of Fayetteville, Arkansas Page 10 Printed on 121512019 City of Fayetteville, Arkansas 113 West Mountain Street Fgvetteville, AR 72701 (179) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, December 10, 2019 -x:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Warr! I Council Member Sar(th Marsh Ward 1 Council Member Mark Kininn Ward 2 Council Member Matthew Pelty Ward 2 Council Member Sloan Screggin Ward 3 Council Member Sarah Buneh Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Warr! 4 Mayor Lioneld Jordan City Allorarc r Kit W►llirans QvClerk Kara Paxton City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A. onsent: A 1 2019-0022 APPROVAL OF THE NOVEMBER 14, 2019 SPECIAL CITY COUNCIL MEETING MINUTES AND NOVEMBER 19, 2019 CITY COUNCIL MEETING MINUTES AY2 2019-0816 BID #20-01 TIME STRIPING, INC.: December 10, 2019 A RESOLUTION TO AWARD BID #20-01 AND AUTHORIZE THE PURCHASE OF REFLECTORIZED PAINT MARKINGS FROM TIME STRIPING, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 A.3 2019-0818 BID #20-02 SWEESTER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID #20-02 AND AUTHORIZE THE PURCHASE OF CURB AND GUTTER CONSTRUCTION FROM SWEETSER CONSTRUCTION, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 2 Printed on 121412019 City Council Agenda Session Agenda Session Tentative Agenda 4 2019-0820 BID #20-04 APAC-CENTRAL, INC.: December 10, 2019 A RESOLUTION TO AWARD BID NO. 20-04 AND AUTHORIZE THE PURCHASE OF CONCRETE FROM APAC-CENTRAL, INC. AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 AY5 2019-0821 BID #20-05 HUNT-ROGERS MATERIALS: A RESOLUTION TO AWARD BID #20-05 AND AUTHORIZE THE PURCHASE OF AGGREGATE MATERIALS FROM HUNT-ROGERS MATERIALS, LLC AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 AV 6 2019-0823 BID #20-07 LES ROGERS, INC.: A RESOLUTION TO AWARD BID #20-07 AND AUTHORIZE THE PURCHASE OF HILLSIDE GRAVEL FROM LES ROGERS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 A., 2019-0824 BID #20-08 FERGUSON WATERWORKS: A RESOLUTION TO AWARD BID #20-08 AND AUTHORIZE THE PURCHASE OF PLASTIC DRAINAGE PIPE FROM FERGUSON WATERWORKS IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 3 Printed on 121412019 City Council Agenda Session Agenda Session Tentative Agenda AY8 2019-0825 BID 420-09 SCURLOCK INDUSTRIES: December 10, 2019 A RESOLUTION TO AWARD BID #20-09 AND AUTHORIZE THE PURCHASE OF CONCRETE DRAINAGE PIPE FROM SCURLOCK INDUSTRIES AS A PRIMARY SUPPLIER IN VARIABLE AMOUNTS AS NEEDED THROUGH THE END OF 2020 49 2019-0826 BID 920-10 LES ROGERS, INC.: A RESOLUTION TO AWARD BID #20-10 AND AUTHORIZE THE PURCHASE OF SCREENED TOPSOIL FROM LES ROGERS, INC. AS NEEDED THROUGH THE END OF 2020 10 2019-0827 BID #20-11 RETAINING WALL BLOCKS: A RESOLUTION TO AWARD BID #20-11 AND AUTHORIZE THE PURCHASE OF RETAINING WALL BLOCKS FOR VARYING UNIT PRICES FROM VARIOUS VENDORS, BASED ON INDIVIDUAL JOB DESIGN, SPECIFICATION AND COST EVALUATION, AS NEEDED THROUGH THE END OF 2020 A. 1 2019-0828 BID #20-12 HUTCHENS CONSTRUCTION COMPANY LLC: A RESOLUTION TO AWARD BID #20-12 AND AUTHORIZE THE PURCHASE OF HIGH-PERFORMANCE COLD MIX ASPHALT FROM HUTCHENS CONSTRUCTION COMPANY, LLC AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 4 Printed on 121412019 City Council Agenda Session Agenda Session Tentative Agenda A.1yi 2 2019-0829 BID #20-14 TREE GRATES AND FRAMES: December 10, 2019 A RESOLUTION TO AWARD BID #20-14 AND AUTHORIZE THE PURCHASE OF TREE GRATES FROM NEENAH FOUNDRY COMPANY AS PRIMARY SUPPLIER AND THE PURCHASE OF TREE FRAMES FROM FERGUSON WATERWORKS AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 A.i3 2019-0830 BID #20-17 GEVEKO MARKINGS, INC.: A RESOLUTION TO AWARD BID #20-17 AND AUTHORIZE THE PURCHASE OF PREFORMED THERMOPLASTIC PAVEMENT MARKINGS FROM GEVEKO MARKINGS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 A.4 2019-0848 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM JANUARY 1, 2020 THROUGH DECEMBER 31, 2020, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED City of Fayetteville, Arkansas Page 5 Printed on 12/412019 City Council Agenda Session Agenda Session Tentative Agenda A.r15 2019-0858 2019 FEDERAL AND STATE FORFEITURES: December 10, 2019 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $60,783.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND REIMBURSEMENT PAYMENTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY A4J/ 6 2019-0859 POLICE DEPARTMENT DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $3,850.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT I/f A.'N 7 2019-0868 BONFIRE INTERACTIVE, LTD: A RESOLUTION TO AUTHORIZE A ONE YEAR CONTRACT WITH BONFIRE INTERACTIVE, LTD. FOR ELECTRONIC BIDDING SOFTWARE IN THE AMOUNT OF $19,000.00 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN THE AMOUNT OF $15,000.00 PER YEAR WITH AN ANNUAL MAINTENANCE INCREASE OF NO MORE THAN 3%, AND TO APPROVE AN ANNUAL PROJECT CONTINGENCY IN THE AMOUNT OF $2,000.00 City of Fayetteville, Arkansas Page 6 Printed on 121412019 City Council Agenda Session Agenda Session Tentative Agenda A", 18 2019-0844 ARKANSAS DEPARTMENT OF TRANSPORTATION: December 10, 2019 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 967 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT 9 2019-0852 2019 BOSTON MOUNTAIN RECYCLING GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2019 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $8,000.00 FOR THE PURCHASE OF RECYCLING DOLLIES, AND TO APPROVE A BUDGET ADJUSTMENT A. JO 2019-0861 TECHNOLOGY INTERNATIONAL, INC.: A RESOLUTION TO AWARD BID #19-55 AND AUTHORIZE THE PURCHASE OF A CLARIFIER SCUM PUMP FROM TECHNOLOGY INTERNATIONAL, INC. IN THE AMOUNT OF $20,931.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT J1 2019-0849 ARKANSAS ONE -CALL SYSTEM, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF UTILITY LOCATING SERVICES FOR 2020 FROM ARKANSAS ONE -CALL SYSTEM, INC. IN AN AMOUNT NOT TO EXCEED $30,000.00 City of Fayetteville, Arkansas Page 7 Printed on 121412019 City Council Agenda Session Agenda Session Tentative Agenda December 10, 2019 B. Unfinished Business: BV 2019-0735 RZN 19-6853 (1278 W. HENDRIX ST./FUGITT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6853 FOR APPROXIMATELY 0.51 ACRES LOCATED AT 1278 WEST HENDRIX STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE At the November 19, 2019 City Council Meeting this item was left on the first reading. At the December 3, 2019 City Council Meeting this item was left on the second / reading. B.�/L 2019-0799 ADM 19-6649 (CITY PLAN 2040): A RESOLUTION TO APPROVE AND ADOPT CITY PLAN 2040 AS THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF FAYETTEVILLE AND ITS PLANNING AREA, AND TO APPROVE AND ADOPT THE FUTURE LAND USE MAP, THE MASTER STREET PLAN, AND THE ACTIVE TRANSPORTATION PLAN MAP At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. B.3 2019-0792 ADM 19-6652 (71B CORRIDOR PLAN): A RESOLUTION TO APPROVE A WORK PROGRAM TO IMPLEMENT THE 71 B CORRIDOR PLAN At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. C. New Business: City of Fayetteville, Arkansas Page 8 Printed on 1214/2019 City Oouncil Agenda Session Agenda Session Tentative Agenda December 10, 2019 r C'1 2019-0822 ASPHALT MATERIALS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING DURING CALENDAR YEAR 2020 FOR THE PURCHASE OF ASPHALT MATERIALS FOR USE BY THE TRANSPORTATION DIVISION BUT TO REQUIRE INFORMAL QUARTERLY BIDS OR QUOTES (H 2 2019-0854 JCI INDUSTRIES, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $21,890.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF TWO ANOXIC MIXER GEARBOXES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 6(3 2019-0860 RZN 19-6914 (429 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6914 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 429 EAST MARTIN LUTHER KING, JR. BOULEVARD FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 9 Printed on 121412019 City Council Agenda Session Agenda Session Tentative Agenda Ul4 2019-0850 SEVEN HILLS HOMELESS CENTER: December 10, 2019 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2020 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 10 Printed on 12/4/2019 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan AitantCity aaorney Jodi Batker THRU: Kara Paxton, City Clerk n Paralegal FROM: Kit Williams, City Attorney DATE: December 18, 2019 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 17, 2019 1. A RESOLUTION TO AWARD BID #20-01 AND AUTHORIZE THE PURCHASE OF REFLECTORIZED PAINT MARKINGS FROM TIME STRIPING, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 2. A RESOLUTION TO AWARD BID #20-02 AND AUTHORIZE THE PURCHASE OF CURB AND GUTTER CONSTRUCTION FROM S WEETSER CONSTRUCTION, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 3. A RESOLUTION TO AWARD BID #20-04 AND AUTHORIZE THE PURCHASE OF CONCRETE FROM APAC-CENTRAL, INC. AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 4. A RESOLUTION TO AWARD BID #20-05 AND AUTHORIZE THE PURCHASE OF AGGREGATE MATERIALS FROM HUNT-ROGERS MATERIALS, LLC AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 S. A RESOLUTION TO AWARD BID #20-07 AND AUTHORIZE THE PURCHASE OF HILLSIDE GRAVEL FROM LES ROGERS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 6. A RESOLUTION TO AWARD BID #20-08 AND AUTHORIZE THE PURCHASE OF PLASTIC DRAINAGE PIPE FROM FERGUSON WATERWORKS IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 7. A RESOLUTION TO AWARD BID #20-09 AND AUTHORIZE THE PURCHASE OF CONCRETE DRAINAGE PIPE FROM SCURLOCK INDUSTRIES AS A PRIMARY SUPPLIER IN VARIABLE AMOUNTS AS NEEDED THROUGH THE END OF 2020 8. A RESOLUTION TO AWARD BID #20-10 AND AUTHORIZE THE PURCHASE OF SCREENED TOPSOIL FROM LES ROGERS, INC. AS NEEDED THROUGH THE END OF 2020 9. A RESOLUTION TO AWARD BID #20-11 AND AUTHORIZE THE PURCHASE OF RETAINING WALL BLOCKS FOR VARYING UNIT PRICES FROM VARIOUS VENDORS, BASED ON INDIVIDUAL JOB DESIGN, SPECIFICATION AND COST EVALUATION, AS NEEDED THROUGH THE END OF 2020 10. A RESOLUTION TO AWARD BID #20-12 AND AUTHORIZE THE PURCHASE OF HIGH-PERFORMANCE COLD MIX ASPHALT FROM HUTCHENS CONSTRUCTION COMPANY, LLC AS NEEDED THROUGH THE END OF 2020 11. A RESOLUTION TO AWARD BID #20-14 AND AUTHORIZE THE PURCHASE OF TREE GRATES FROM NEENAH FOUNDRY COMPANY AS PRIMARY SUPPLIER AND THE PURCHASE OF TREE FRAMES FROM FERGUSON WATERWORKS AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 12. A RESOLUTION TO AWARD BID #20-17 AND AUTHORIZE THE PURCHASE OF PREFORMED THERMOPLASTIC PAVEMENT MARKINGS FROM GEVEKO MARKINGS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 13. A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM JANUARY 1, 2020 THROUGH DECEMBER 31, 2020, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED 14.A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $60,783.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND REIMBURSEMENT PAYMENTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY 15. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $3,850.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT 16. A RESOLUTION TO AUTHORIZE A ONE YEAR CONTRACT WITH BONFIRE INTERACTIVE, LTD. FOR ELECTRONIC BIDDING SOFTWARE IN THE AMOUNT OF $19,000.00 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN THE AMOUNT OF $15,000.00 PER YEAR WITH AN ANNUAL MAINTENANCE INCREASE OF NO MORE THAN 30zo, AND TO APPROVE AN ANNUAL PROJECT CONTINGENCY IN THE AMOUNT OF $2,000.00 17. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 967 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT 18. A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2019 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $8,000.00 FOR THE PURCHASE OF RECYCLING DOLLIES, AND TO APPROVE A BUDGET ADJUSTMENT 19. A RESOLUTION TO AWARD BID #19-55 AND AUTHORIZE THE PURCHASE OF A CLARIFIER SCUM PUMP FROM TECHNOLOGY INTERNATIONAL, INC. IN THE AMOUNT OF $20,931.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 20.A RESOLUTION TO APPROVE THE PURCHASE OF UTILITY LOCATING SERVICES FOR 2020 FROM ARKANSAS ONE-CALL SYSTEM, INC. IN AN AMOUNT NOT TO EXCEED $30,000.00 21. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6853 FOR APPROXIMATELY 0.51 ACRES LOCATED AT 1278 WEST HENDRIX STREET FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE 22. A RESOLUTION TO APPROVE A WORK PROGRAM TO IMPLEMENT THE 71B CORRIDOR PLAN 23. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING DURING CALENDAR YEAR 2020 FOR THE PURCHASE OF ASPHALT MATERIALS FOR USE BY THE TRANSPORTATION DIVISION BUT TO REQUIRE INFORMAL QUARTERLY BIDS OR QUOTES 24. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $21,890.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF TWO ANOXIC MIXER GEARBOXES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 25. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6914 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 429 EAST MARTIN LUTHER KING, JR. BOULEVARD FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 26. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2020 Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position 1 J0\5-+ a IC) !J Nominating Committee Report December 11 & 12, 2019 Sonia Gutierrez Council Member Ward 1 Position 1 Teresa Turk Council Member Ward 4 Position 1 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Nominating Committee recommends the following candidates for appointment: ACTIVE TRANSPORTATION ADVISORY COMMITTEE Kenton Ford Laughlin — One Bicycle Advocate term ending 12/31/21 Nathan Eikenberry — One term ending 12/31/21 AIRPORT BOARD David Hopper — One Pilot term ending 12/31/24 ANIMAL SERVICES ADVISORY BOARD No Applicant — One unexpired Licensed Veterinarian/Veterinary Professional term ending 06/30/22 AUDIT COMMITTEE Charles JF Leflar — One term ending 12/31/22 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS No Applicant — One unexpired term ending 03/31/24 ENERGY IMPROVEMENT DISTRICT NO. 1 Anthony Miletus Callahan-Barile — One term ending 12/31/21 Josh Carson — One term ending 12/31/21 No Applicant — One term ending 12/31/21 ENVIRONMENTAL ACTION COMMITTEE Lincoln Combs — One Community Citizen at Large tern ending 12/31//22 HOUSING AUTHORITY BOARD OF COMMISSIONERS Melissa Terry — One term ending 12/28/24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar qov PARKS AND RECREATION ADVISORY BOARD Shay Hopper — One term ending 12/31/22 Hugh Kincaid — One term ending 12/31/22 Stephen Sheely — One term ending 12/31/22 PEG ADVISORY BOARD No Applicant — One unexpired term ending 06/30/21 No Applicant — One unexpired term ending 06/30/22 PLANNING COMMISISON Jimm Garlock — One unexpired term ending 03/31/20 URBAN FORESTRY ADVISORY BOARD No Applicant — One Land Development term ending 12/31/21 Eric Boles — One University Representative term ending 12/31/21 Will Dockery — One Community Citizen at Large term ending 12/31/21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar qov RECEIVED FAYETTEVILLE DEC 10 2019 HOUSING AUTHORITY CITY OF FAYETTEVILLE CITY CLERK'S OFFICE To Whom it May Concern: On November 21, 2019, the Fayetteville Housing Authority Board of Commissioners received one application for the commissioner position that will be vacated on December 27, 2019. The applicant was interviewed and accepted with a unanimous vote. Please accept Melissa Terry as the applicant to be interviewed by the nominating committee for selection to a completed term of the Housing Authority Board of Commissioners. Warm regards, Angela Belford Executive Director Fayetteville. Housing Authority 1 NORTH SCHOOL AVE., FAYETTEVILLE, AR 72701-5928 479.521.3850 1 FAX:479.442.6771 I TDDY:1.800.285.1121 v s5: www.FayettevilleHousingAuthority.org RECEIVED DEC 16 2019 For: Mayor Lioneld Jordan and the Fayetteville, AR City Council CITY OF FAYMEVILLE CITY CLERKS OFFICE From: Jerry B. Hogan, 1984 N. East Oaks Dr. #2, Fayetteville, AR, 479-521-5314, jbhogan22@hotmail.com Topic: Proposed Parking Garage Near Historic Frisco Depot, 550 W. Dickson St. Summary: Historic information about the Frisco Depot The historic Frisco Depot on W. Dickson Street was built in 1897 and remodeled in 1925 (I believe it has had a refurbishing again sometime in the last 5-10 years). It is unique in that it was done in the Mission Revival/Pueblo Revival Style which is rare in our area. The Frisco Depot was approved and listed on the National Register of Historic Places on December 8, 1988. Attached to this note are five pages from the NRHP listing which give greater detail about the depot. This packet is for historic information purposes. Thank you. Jerry B. Hogan rM loon 1040 pbv 0" United States Department of the Interlor National Park Service National 'Register of Historic Places Registration Form C" Mh ?***WIN Ma Norm Is far oats In nare�r Ung or requermm defamMMIons of eligibility Tor hu t+ridust pmoodiaa or disiritta. So* instrucliom in Guidefirr n fbbr Cornploft Alamo Rept3rer F mn 1Nalkml AaQ1, ter GuMe to 161, Coffwk to each item by mRTkmg "x" in the appropriate box or by rinlering me repuesW infom+at;on, it an kern dues rcpt apply W the proo" being docwneMad. enter "NIA" fm "not appl;cabie." For functions, stysea. MaWhats. and areas of significance. eater oMq the categories and subcategories lined in the Instructions. For additional spaca nee continuation sheets (Fain TO -Ma). Type all entries. 1. Name of Proersfty historic name Frisco DUO-( tatter naf wrJsit+e number }~`a4 ettevi3le Depot 2. Location street R_numberrr 55Q W£sj Dickson Sheet not for publication city, town ! F'a,+retteyille_ vicinity state Arkansans code Q5_ county_ Washington _ code _1.43 lip code 72701 3. Cfarfl<slflcaitlon Ownership of Property Category of Property Number of Resources within Property F7 private ® building(s) Contributing Noncontributing ❑ public.Iocat ❑ district 1 buildings ❑ pubiicvetate ❑ she sites ❑ public -Federal ❑ structure rfiruc:tures ❑ object objects 1 Total fftmee of related multipte property listing: Number of contributing 1`e9taUM93 previously / 1 � A _.. listed in the National Register N/A 4. State/Feftral Agency Certffleglort As the designated authority under the Natlonal Historic Presmatian Act of 1966, as amended, I hereby certify that this i ® normmnatiort ❑ request for determination of eligibility meets the documentation slandar-as for registering properties. in the NationN Register Of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In in' the propertyVev ❑ oes n meet the National Register criteria. ❑ S" to Vino 1II " h Signature of mtit#g official Date Arkansas ITistoric Preser-r.- titan Program $fate or Federal agency and bureau — In my opinion, the property ED meets ❑ doss not meet the National Register criteria. El See oondfxratictre share. h1A Signature of comerwting or other official - Date Stare or FaCeral agency and bureau 5. Nothmil Park Service CfafttflcaMn I, hereby, certify that this property is: ❑ entered In the National Register. ❑ Sas continuation sheet. [� determined eligible for the Na WMI Register. ❑ See continuation sheet. ❑ determined not 6119 Ibis for the National Register. ❑ removed from the Natbnel Register. ❑outer, (explain.-) Sigtraature of the Keeper Dela of Action S. Ftmction or Use Historic Functions (enter categories from instructions) Current Functions (enter catepories from irmtruciiarss) Trgjggi tation: rail -related Vacant/not—in use 7. Description Architectural ClaWfication Matarialis (enter categories from instructions) (enter categories from instnaNions) Mission S gdg— C 1 R+eviv Describe present and hittoric physical appearance, The Frisco Line Station, built Fayett:evine's Dickson Street. of Arkansas to the west and the such was the center of traffic in plan but unusual in style, Revival -style buildings in the EL1TSt` P-117IM, foundation cm=te walls bri ck st=ucco --- roof . a+ -ami r rilig other in 1897, and remodeled in 1925, is located on This area serves as a link between the University central business district to the east, and as in the pre-autombile era. The building is simple as it is one of the only Mission Revival/Pueblo area. The Fayetteville Depot is a long, one-story rectangular building in the Mission Revival/Pueblo Revival style. In plan, there is a hierarchy of function along a north -south axis parallel with the railroad Brie. At the south end is a porte- cochere (covered porch), giving access to the passenger area. The north end of the building is the freight zone. The west side of the building lies along the actual railroad line and -represents the embarkation zone. The building is of stuccoed brick. upper portions of the exterior are painted a neutral tan with a wainscot of exposed brick from the brick paving surface to a height of 316". Above the brick are simple, unadorned flat surfaces, with the exception of ornamental projecting roof beams, or "vigats", and a single row of soldiered brick above each of the double -hung, wood sash windows._ The roof over the passenger area is a red, Spanish -tiled gable roof with Mission - style, finial -topped campanille gable ends. Roofs of the porte-cochere and freight areas are flat, surfaced with tar and gravel built-up roofing. On the wrest facade, the conical -roofed ticket office "tower" of the original station has been replaced by a tiled roof dormer and facade which echoes the north and south gable ends. the interior of the passenger area features the waiting roast for whites at the south end, separated from the "colored" waiting area at the north end by the ticket office. A narrow hall rums along the east side of the ticket office and connects the two waiting areas. AuxiIlary roams (offices, rest roams) are loaded along the east side of the waiting roams and corridor, ® See continuation sheet 8, statement of SIAnMeonce Certifying official has considered the significance of this property in relation to other properties, p nationally ❑ atttewide ❑ locally AWmWe Nationiat Register CrlteHt ®A p 9 ®C ❑ D Criteria Considerations (Exceptions) ❑ A ❑ 8 ❑ C ❑ D ❑ E EDF ❑ G Maas of Significance (eater categories from irkshue I rrs) Period of Significance Signifiaent Dales Transportation 1925 1925 ,Architecture Significant Person N/A Cultural Affiliation N/A ArchitectlBuilder State significance of property, and jLMity Crito t, criteria consideratlons, and sreas and periods of significance noted ebm. SUMMARY The Frisco Depot in Fayetteville is significant in the area of transportation because it represents the heyday of rail traffic in this university town. Architecturally, the depot is significant as a rare example in the state of a pure Mission/Spanish Colonial Revival Style building used in the context of quasi - official, corporate architecture. The depot was a focal point for the coirittmity, and it symbolizes the economic and cultural development of Northwest Arkansas during the 192019. ELABORATION The first passenger train arrived at Fayetteville on July 4, 1882. Its arrival marked an end to geographical isolation of the Ozark region of Northwest Arkansas. The city of Fayetteville, the largest and most affluent population cuter in the region and location of the University of Arkansas since 1871, had outbid other towns for the railroad by raising $8,000 for promotion and another $2,500 for the construction of a depot. The first depot had burned in 1897, and the present stricture was built soon after on the same site. The depot was totally remodeled and enlarged in 1925, as a result of pressure on the Frisco Line from the Fayetteville City Council. At the height of its use, the station handled six passenger trains a day. The old station was considered inadequate, old-fashioned, and ugly by the day's standards. Construction of the new station paralleled an unprecedented program of expansion at the University of Arkansas at Fayetteville; it was needed to handle the influx of new students and increasing use of the facilities by the general. population. A larger railroad depot serving Fayetteville was seen as needed by the local government to keep pace with the growth of both the city and the University. ® See continuation sheet we P" $040" WM United Mates Department of the Interior National Park Service National 'register of Historic Places Continuation Sheet Section number 8 page _ _ _l CEO ►rVc w Oft MOAQ $ Me resulting expansion of the railroad depot was less than the City Council hoped, for, however. A forty percent drop in passenger ticket sales in 1925, due to an increase in automobile travel, forced the Frisco line to cut back on the plarr+ed square footage of the exgwsion. After World War II, the advent of air travel and paved highways in Northwest Arkansas caused a drastic decline in railroad travel. The last passenger train left Fayetteville on September 18, 1965. Architecturally, the Frisco depot's Spanish Colonial Revival design is unique for a Fayetteville commercial building. The style was one adopted by the railroad during the post World War I years as a vehicle for promoting travel to California, where Spanish Colonial Revival was enjoying great popularity and with which buildings of that general appearance were associated in the minds of the average American. Frisco used the style as an unofficial trademark for new depots during this period, so it was logically chosen for the remodelling of the Fayetteville facility in 1925. The Fayetteville Depot, abandoned today, once served as an important metaphor of conmmuai.ty, formed around the cammon interest of travel and transportation. Today, it serves as an important visual focal point along Dickson Street, one of Fayetteville's busiest thoroughfares. Dickson Street serves and has served as an axial link between the University and the central business district of the city. In the spring of 1987, the property catercornered to the depot was proposed as the site of the planned Fayetteville performing arts center, and the depot itself is the target for renovation by local business interests. The Frisco Depot in Fayetteville is being nominated under Criterion A for its ropresentat.ion of the railroad as a significant facet of the city's transportation history. (Although grail traffic continued to be important through the World War II years, its major significance pre -dates that era.) The depot is also being rmInated under Criterion C as an unaltered example of the Spanish Colonial Revival style. 9. Mtt]or Bibliographical References -- — -- — Weitz, Karen, California's Mission Revival, iienwsy and Ingalls, Inc., Las Angeles, 1984. 13 March 1925, "Fayetteville Democrat", 'Let's Take What Depots We Can Get', p.l. 25 May 1925, ibid., 'Frisco Railroad to Resubmit Depot Plans', p.l. 27 May 19259 ibid., 'Frisco Ready to Begin Work', p.l. 8 June 1925, ibid., 'Frisco's Plans for Station Endorsed—', p.l. 26 August 1925, ibid., 'Freight Station Contract Let...', p.l. 11 March 1925, ibid., 'Frisco to Let Bids...', p.l. 9 June 1925, "Fayetteville Democrat", 'City Accepts Frisco Plan...', P.I. 2 September 1925, ibid., 'New Passenger Station Plans...', p.l. = Previous documentation on file (NPS): NIA L] preliminary determination of Indivkhml listing (36 cFR 67) has been requested previously listed in the National Register ❑ previously determined eiiglbfe by the National Register D designated a National MWoric Landmark El recorded by Historic American Buildings Survey e Dreowded by Historic American Engineering Record # Acreage of property trrm References AW 1-3121510,001 Zone Lasting C I I_I I I I I- Lj ® See cordinun ion sheet Primary Wcation of additional data: . State historic preservation office Other state agency Federal agency Local government © University El OMer Specify repository: j3�919� _I7.7�01 e W Northing Zone Lasting 1 t l l D i I l l, I I l ❑See ammmuation Sheet Northing verbel Boundary Description Beginning at the intersection of the sidewalk on the northern side of Dickson Street with a perpendicular line bordering the western elevation of the building, proceed northerly along said Line to intersection with perpendicular line bordering the northern elevation of the building, thence proceed easterly along ® See continuation sheet Boundary JusW catiodbese boundaries include all of the property historically associated -with this building's function as a local railroad transportation center. [:]See continuation am 11., Ftxm Prepared By _ namemle ;;alter Unt latba edited organitstlon Architectural Resource Consultants We *treat d number 122 West Meadow Street, til telephone3- C,y or k, Fayetteville state Arkansas _ zjp toes 72702 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Final Agenda Tuesday, December 17, 2019 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 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 Kara Paxton City Council Meeting Meeting Final Agenda December 17, 2019 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items l . 2019-0919 NOMINATING COMMITTEE REPORT Agenda Additions A. Consent A. 1 2019-0022 APPROVAL OF THE NOVEMBER 14, 2019 SPECIAL CITY COUNCIL MEETING MINUTES AND NOVEMBER 19, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0816 BID #20-01 TIME STRIPING, INC.: A RESOLUTION TO AWARD BID #20-01 AND AUTHORIZE THE PURCHASE OF REFLECTORIZED PAINT MARKINGS FROM TIME STRIPING, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 2 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 A. 3 A. 5 A. 6 2019-0818 BID #20-02 SWEESTER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID #20-02 AND AUTHORIZE THE PURCHASE OF CURB AND GUTTER CONSTRUCTION FROM SWEETSER CONSTRUCTION, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 2019-0820 BID #20-04 APAC-CENTRAL, INC.: A RESOLUTION TO AWARD BID #20-04 AND AUTHORIZE THE PURCHASE OF CONCRETE FROM APAC-CENTRAL, INC. AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 2019-0821 BID #20-05 HUNT-ROGERS MATERIALS: A RESOLUTION TO AWARD BID #20-05 AND AUTHORIZE THE PURCHASE OF AGGREGATE MATERIALS FROM HUNT-ROGERS MATERIALS, LLC AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 2019-0823 BID #20-07 LES ROGERS, INC.: A RESOLUTION TO AWARD BID #20-07 AND AUTHORIZE THE PURCHASE OF HILLSIDE GRAVEL FROM LES ROGERS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 3 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 A.7 2019-0824 BID #20-08 FERGUSON WATERWORKS: A RESOLUTION TO AWARD BID #20-08 AND AUTHORIZE THE PURCHASE OF PLASTIC DRAINAGE PIPE FROM FERGUSON WATERWORKS IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 A.8 2019-0825 BID #20-09 SCURLOCK INDUSTRIES: A RESOLUTION TO AWARD BID #20-09 AND AUTHORIZE THE PURCHASE OF CONCRETE DRAINAGE PIPE FROM SCURLOCK INDUSTRIES AS A PRIMARY SUPPLIER IN VARIABLE AMOUNTS AS NEEDED THROUGH THE END OF 2020 A.9 2019-0826 BID #20-10 LES ROGERS, INC.: A RESOLUTION TO AWARD BID #20-10 AND AUTHORIZE THE PURCHASE OF SCREENED TOPSOIL FROM LES ROGERS, INC. AS NEEDED THROUGH THE END OF 2020 A.10 2019-0827 BID #20-11 RETAINING WALL BLOCKS: A RESOLUTION TO AWARD BID #20-11 AND AUTHORIZE THE PURCHASE OF RETAINING WALL BLOCKS FOR VARYING UNIT PRICES FROM VARIOUS VENDORS, BASED ON INDIVIDUAL JOB DESIGN, SPECIFICATION AND COST EVALUATION, AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 4 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 A.11 2019-0828 BID #20-12 HUTCHENS CONSTRUCTION COMPANY LLC: A RESOLUTION TO AWARD BID #20-12 AND AUTHORIZE THE PURCHASE OF HIGH-PERFORMANCE COLD MIX ASPHALT FROM HUTCHENS CONSTRUCTION COMPANY, LLC AS NEEDED THROUGH THE END OF 2020 A.12 2019-0829 BID #20-14 TREE GRATES AND FRAMES: A RESOLUTION TO AWARD BID #20-14 AND AUTHORIZE THE PURCHASE OF TREE GRATES FROM NEENAH FOUNDRY COMPANY AS PRIMARY SUPPLIER AND THE PURCHASE OF TREE FRAMES FROM FERGUSON WATERWORKS AS PRIMARY SUPPLIER AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2020 A.13 2019-0830 BID #20-17 GEVEKO MARKINGS, INC.: A RESOLUTION TO AWARD BID #20-17 AND AUTHORIZE THE PURCHASE OF PREFORMED THERMOPLASTIC PAVEMENT MARKINGS FROM GEVEKO MARKINGS, INC. IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2020 City of Fayetteville, Arkansas Page 5 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 A.14 2019-0848 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM JANUARY 1, 2020 THROUGH DECEMBER 31, 2020, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED A.15 2019-0858 2019 FEDERAL AND STATE FORFEITURES: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $60,783.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND REIMBURSEMENT PAYMENTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY A.16 2019-0859 POLICE DEPARTMENT DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $3,850.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT City of Fayetteville, Arkansas Page 6 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 A.17 2019-0868 BONFIRE INTERACTIVE, LTD: A RESOLUTION TO AUTHORIZE A ONE YEAR CONTRACT WITH BONFIRE INTERACTIVE, LTD. FOR ELECTRONIC BIDDING SOFTWARE IN THE AMOUNT OF $19,000.00 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS IN THE AMOUNT OF $15,000.00 PER YEAR WITH AN ANNUAL MAINTENANCE INCREASE OF NO MORE THAN 3%, AND TO APPROVE AN ANNUAL PROJECT CONTINGENCY IN THE AMOUNT OF $2,000.00 A.18 2019-0844 ARKANSAS DEPARTMENT OF TRANSPORTATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 967 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT A.19 2019-0852 2019 BOSTON MOUNTAIN RECYCLING GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2019 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $8,000.00 FOR THE PURCHASE OF RECYCLING DOLLIES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 7 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 A.20 2019-0861 TECHNOLOGY INTERNATIONAL, INC.: A RESOLUTION TO AWARD BID #19-55 AND AUTHORIZE THE PURCHASE OF A CLARIFIER SCUM PUMP FROM TECHNOLOGY INTERNATIONAL, INC. IN THE AMOUNT OF $20,931.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT A.21 2019-0849 ARKANSAS ONE -CALL SYSTEM, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF UTILITY LOCATING SERVICES FOR 2020 FROM ARKANSAS ONE -CALL SYSTEM, INC. IN AN AMOUNT NOT TO EXCEED $30,000.00 B. Unfinished Business B.1 2019-0735 RZN 19-6853 (1278 W. HENDRIX ST./FUGITT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6853 FOR APPROXIMATELY 0.51 ACRES LOCATED AT 1278 WEST HENDRIX STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE At the November 19, 2019 City Council Meeting this item was left on the first reading. At the December 3, 2019 City Council Meeting this item was left on the second reading. City of Fayetteville, Arkansas Page 8 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 2019 B.2 2019-0799 ADM 19-6649 (CITY PLAN 2040): A RESOLUTION TO APPROVE AND ADOPT CITY PLAN 2040 AS THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF FAYETTEVILLE AND ITS PLANNING AREA, AND TO APPROVE AND ADOPT THE FUTURE LAND USE MAP, THE MASTER STREET PLAN, AND THE ACTIVE TRANSPORTATION PLAN MAP At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. B.3 2019-0792 ADM 19-6652 (71B CORRIDOR PLAN): A RESOLUTION TO APPROVE A WORK PROGRAM TO IMPLEMENT THE 71B CORRIDOR PLAN At the December 3, 2019 City Council Meeting this item was tabled to the December 17, 2019 City Council Meeting. C. New Business C. 1 2019-0822 ASPHALT MATERIALS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING DURING CALENDAR YEAR 2020 FOR THE PURCHASE OF ASPHALT MATERIALS FOR USE BY THE TRANSPORTATION DIVISION BUT TO REQUIRE INFORMAL QUARTERLY BIDS OR QUOTES City of Fayetteville, Arkansas Page 9 Printed on 1211212019 City Council Meeting C.2 2019-0854 JCI INDUSTRIES, INC.: C. 3 C. 4 Meeting Final Agenda December 17, 2019 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $21,890.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF TWO ANOXIC MIXER GEARBOXES FOR THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0860 RZN 19-6914 (429 E. MLK BLVDJESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6914 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 429 EAST MARTIN LUTHER KING, JR. BOULEVARD FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 2019-0850 SEVEN HILLS HOMELESS CENTER: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2020 City of Fayetteville, Arkansas Page 10 Printed on 12/12/2019 City Council Meeting Meeting Final Agenda December 17, 2019 C.5 2019-0892 CULTURAL ARTS CORRIDOR PROJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT TO CONSIDER ALL THREE POTENTIAL REPLACEMENT PARKING SITES AS PART OF THE CULTURAL ARTS CORRIDOR PROJECT, AND TO ENCOURAGE THE CITY TO SEEK OPPORTUNITIES TO PROVIDE ADDITIONAL BENEFITS INCLUDING HOUSING, ARTS PRODUCTION FACILITIES, AND OTHER USES THAT FURTHER THE CITY'S EXPRESSED PRIORITIES C.6 2019-0898 SAGE PARTNERS, LLC: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN LETTERS OF INTENT WITH SAGE PARTNERS, LLC, ON BEHALF OF FAYETTEVILLE DEPOT, LLC AND FARMERS & MERCHANTS BANK (F/K/A THE BANK OF FAYETTEVILLE), FOR THE PURCHASE OF APPROXIMATELY 0.6 ACRES ALONG WITH NECESSARY PERMANENT ACCESS AND TEMPORARY CONSTRUCTION EASEMENTS AT THE NORTHWEST CORNER OF WEST AVENUE AND DICKSON STREET FOR THE CONSTRUCTION OF A REPLACEMENT PARKING DECK FOR THE TOTAL AMOUNT OF $350,000.00, THE CONVEYANCE OF LINER BUILDING SPACE AND APPROXIMATELY 0.2 ACRES AT THE NORTH END OF THE CIVIC PLAZA D. City Council Agenda Session Presentations E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 11 Printed on 12/12/2019 City Council Meeting Meeting Final Agenda December 17, 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 12 Printed on 1211212019 City Council Meeting Meeting Final Agenda December 17, 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 13 Printed on 1211212019 AGENDA SESSION WALK ON 12/10/19 Legstar ID No.: 201.9-0892 AGENDA REQUEST FORM FOR: Council Meeting of December 17, 2019 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT TO CONSIDER ALL THREE POTENTIAL REPLACEMENT PARKING SITES AS PART OF THE CULTURAL ARTS CORRIDOR PROJECT, AND TO ENCOURAGE THE CITY TO SEEK OPPORTUNITIES TO PROVIDE ADDITIONAL BENEFITS INCLUDING HOUSING, ARTS PRODUCTION FACILITIES, AND OTHER USES THAT FURTHER THE CITY'S EXPRESSED PRIORITIES APPROVED FOR AGENDA: Kyle Smith Asst.Tity Attorney Blake Pennington (as to form) VD Date RESOLUTION NO. A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT TO CONSIDER ALL THREE POTENTIAL REPLACEMENT PARKING SITES AS PART OF THE CULTURAL ARTS CORRIDOR PROJECT, AND TO ENCOURAGE THE CITY TO SEEK OPPORTUNITIES TO PROVIDE ADDITIONAL BENEFITS INCLUDING HOUSING, ARTS PRODUCTION FACILITIES, AND OTHER USES THAT FURTHER THE CITY'S EXPRESSED PRIORITIES WHEREAS on December 18, 2018, the City Council passed Resolution 250-18 to assure voters that up to that $10,000,000.00 would be reserved from the Cultural Arts Corridor Project, which voters later approved as Question 8 of the 2019 Sales Tax Bond Ballot on April 9, 2019, to fund new public parking spaces to replace all spaces lost or removed from the West Avenue parking lot; and WHEREAS on December 18, 2018, the City Council also passed Resolution 276-18 contracting Garver Engineering, LLC to perform a preliminary site analysis to determine the most viable locations for new parking structure(s) to replace parking lost to the construction of the Civic Plaza portion of the Cultural Arts Corridor; and WHEREAS Garver Engineering delivered their report on March 8, 2019, identifying three viable options, each with its own unique benefits and challenges: • Option 1 — "Depot Lot — Partial Site" (NW corner of West/Dickson intersection) o The property is privately owned. o Clear line of sight to the west entrance to the WAC. o Limits visibility of Arsaga's at the Depot; proximity to iconic Bank of Fayetteville train. o Growing public concern regarding this location. • Option 4 — "East Lot — Partial Site" (across School from Spring St parking deck) o The land is publicly owned by the City of Fayetteville. o Farthest walking distance to WAC entrance. o Very close to residential structures on Shipley Alley. o Concentration of parking structures dominates a single city block. • Option 5 — "Nadine Baum Studios Site" (West Ave between Meadow St and Spring St) o The land is publicly and jointly owned by the City of Fayetteville and the University of Arkansas. o Proximity to planned development at the south end of the civic plaza. o Loss of existing on-site parking is minimal. o Removal of the existing 20,000 square foot Baum Studios structure and relocation of current tenants. o Large additional mixed-use development opportunity with frontage on West Avenue, Meadow Street, and Spring Street along the established Cultural Arts Corridor; and WHEREAS the City Council and Staff are in the final stages of adopting a revised comprehensive City Plan 2040 with Goals, Objectives, and Action Items that include: • Goal 1: We will make appropriate infill and revitalization our highest priority. o Converting commercial corridors to mixed-use centers by adding residences. (Objective 1.3) o Promoting the density of development around logical future transit stops. (Objective 1.4) o Encourage new development that supports and complements the unique characteristics and economic values around downtown and the U of A... (Objective 1.7) • Goal 6: We will create opportunities for attainable housing o Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (Objective 6.1) o Establish partnerships with non-profit and private entities to facilitate the development of attainable workforce housing. (Objective 6.3) • Housing Policy Action Items: o Identify opportunities for the creation of affordable housing on publicly - owned land and develop partnerships with developers to provide flexible, affordable workspace and housing. (Chapter 6); and WHEREAS the Fayetteville Housing Authority has been an active partner in planning for development of nearby portions of West Avenue and on October 21, 2019, the FHA Board of Directors unanimously approved Resolution 1193 recognizing the impact such development could have on parking at Hillcrest Tower; authorizing their Executive Director to negotiate a land sale to the City of Fayetteville; encouraging the City of Fayetteville to consider locating replacement parking at the corner of West and Meadow for the mutual benefit of area residents and guests; and expressing their desire to partner in the development of new residential and commercial space connected to that parking; and WHEREAS the City of Fayetteville and the University of Arkansas have a long-standing close partnership in the massively successful Walton Arts Center that has transformed Dickson Street for the better, and the City hopes to recommit to that history of bold leadership through the next generation of improvements by ensuring the Walton Arts Center patrons and community have access to the most suitable facilities to meet the arts and culture demands of a growing community. 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 requests any presentation of replacement parking options submitted by the Mayor and staff include an equal analysis of the Nadine Baum study location, with comparison of the public benefits, challenges, land costs, parking construction costs, and cost to replace any existing uses on each potential site. Section 2: That the City Council of the City of Fayetteville, Arkansas encourages the Mayor to seek opportunities for partnerships and funding sources that might enhance a replacement parking project at any location with complementary features or amenities that provide additional benefits to the area surrounding the Cultural Arts Corridor including, but not limited to, housing, arts production facilities, or other uses that further City priorities as expressed in the adopted City Plan 2030 or draft City Plan 2040. PASSED and APPROVED this 17th day of December, 2019. APPROVED: ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk -Treasurer 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 250-18 File Number: 2018-0764 CULTURAL ARTS CORRIDOR PROJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S COMMITMENT AND INTENTION TO USE WHATEVER IS NECESSARY TO COMPLETE THE CULTURAL ARTS CORRIDOR PROJECT, AS FINALLY APPROVED BY THE FAYETTEVILLE CITY COUNCIL, UP TO $21,685,000.00 AND TO FUND WHATEVER IS NECESSARY FOR REPLACEMENT PARKING WITHIN REASONABLE PROXIMITY TO THE WALTON ARTS CENTER UP TO $10,000,000.00 IF THE ARTS CORRIDOR IMPROVEMENT BONDS ARE APPROVED BY THE FAYETTEVILLE VOTERS AND TO MAKE JOB TRAINING AND WORKFORCE DEVELOPMENT TOP PRIORITIES FOR ECONOMIC DEVELOPMENT PROJECT BONDS WHEREAS, the City Council wants to assure Fayetteville voters that, if they approve Question 8 of the Sales Tax Bond Ballot to fund the Cultural Arts Corridor Project, the City Council will use whatever funds are determined to be necessary to construct what the City Council approves as the best design and plan for the Cultural Arts Corridor up to $21,685,000.00 in bond funds; and WHEREAS, the City Council further assures the Fayetteville voters that, if they approve Question 8 of the Sales Tax Bond Ballot to fund the Cultural Arts Corridor Project, the City Council will use whatever funds are determined to be necessary to furnish or make available new public parking spaces in reasonable proximity to the Walton Arts Center to replace all public parking spaces lost or removed from the Walton Arts Center (a/k/a West Avenue) parking lot up to $10,000,000.00 in bond funds; and WHEREAS, the City Council expresses its intention to make job training and workforce development it highest priorities for bond funding if the Fayetteville voters approve Question 6 of the Sales Tax Bond Ballot for Economic Development Project Bonds. Paas 1 Pdahnion 14749 O&M.: 250-18 File Number: 20184764 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby expresses its commitment and intention to use Arts Corridor Improvement Bonds revenue if approved by the Fayetteville voters as follows: (A) To fund the construction of the City Council approved Cultural Arts Corridor Project Up to $21,685,000.00; and (B) To fund the construction or otherwise make available to the public new public parking in reasonable proximity to the Walton Arts Center to replace all public parking spaces lost or removed from the Walton Arts Center parking lot in an amount of up to $10,000,000.00; and (C) To use any bond funds not needed to construct the Cultural Arts Corridor for replacement parking or not needed for replacement parking for the Cultural Arts Corridor construction. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its commitment and intention to use the Economic Development Project Bonds revenue, if approved by the Fayetteville voters, with highest priorities given for job training and workforce development. PASSED and APPROVED on 12/18/2018 Attest: 4a,,. et,. Lzl Sondra E. Smith, City Cl00v"berrr Peas2 P AoW oe IMM 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 276-18 File Number: 20180699 GARVER, LLC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $19,800.00 FOR THE PRELIMINARY SITE ANALYSIS OF A DOWNTOWN PARKING DECK, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section : That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with Garver, LLC in the amount of $19,800.00 for the preliminary site analysis of a downtown parking deck. Section : That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 12/18/2018 CITY OF FAYETTEVILLE ARKANSAS AAS • Deck Total Parking Spaces • Existing Parking Spaces On -Site Lost • Net Gain of Parking Spaces Cultural Arts Corridor Parking Deck Site Evaluations • Number of Parking Deck Levels Required to Meet Objectives • Existing Property Ownership of Site • Total Square Footage Area of Liner Buildings • Walking Distance from Deck Entrance to Nearest WAC Entrance • Parking to Be Located Within 1,000 -ft. Radius of the Nearest WAC Entrance • Existing Structures On -Site Required to Be Demolished or Relocated • Additional Development Potential Remaining on the Site 3.0 Site Description Narratives On January 8, 2019, Garver met with City Staff from Sustainability, Parking, and Facility Management to discuss the locations that would be evaluated for the feasibility of a parking deck. The locations chosen to be evaluated were the East Lot, Depot Lot, the Nadine Baum Studios Site, and the Hillcrest Tower Site. One alternate location was discussed at the City Public Parking Lot 55. In a subsequent meeting on February 7, 2019 with City Staff, Garver presented early concept sketches. After discussion of each site and the alternate site, a joint decision was made to further evaluate the East Lot, Depot Lot and the Nadine Baum Studios Site, including one additional variation for the Depot Lot and East Lot. Ajoint decision was also made to not further evaluate the Hillcrest Tower Site and City Public Parking Lot 55. More discussion on each site is included on the following pages. Figure 1 - Vicinity Map VICINITY MAP LEGEND 0 Depot Lot - Partial 2 ? Depot Lot - Full East Lot - Full East Lot - Partial Nadine Baum 5 Studios 0 Hillcrest Tower Garver Project No. 19T21000 Page 4 City Public 7 Parking Lot 55 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS 3.1 Option 1 - Depot Lot - Partial Site Cultural Arts Corridor Parking Deck Site Evaluations This site is located at the NW corner of the West Avenue and Dickson Street Intersection and is situated on the northern half of the site as shown in Figure 2 below and in full detail in Figures Al - A2 in Appendix A. R . I tiRivl� ~ THRU l DICKSON ST.rnrw C Figure 2 - Option 1 Depot Lot - Partial Site The proposed layout of the parking deck in Option 1 is in a north -side orientation with vehicular entrances from West Avenue at the northeast corner of the deck and from Dickson Street through the existing surface parking lot at the southwest corner of the deck. The eastern and western bay of the parking deck will contain ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast and southeast corners of the deck. A 2- story 3,800 square foot liner building measuring 15 -ft. deep is located along the West Avenue fa4ade of the deck. The liner building is proposed to be an independent structure to the parking deck. To gain additional parking spaces the deck includes an off -shoot flat deck structure in the northwest corner. Access to the existing surface parking spaces northwest of the parking deck is maintained through the ground floor level. Option 1 displaces 105 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 434, to achieve a net gain of 329 parking spaces. Garver Project No. 19T21000 Page 5 IARVER The site is currently used as a parking area for 5� Rendezvous Hookah Lounge, and the Bank of R . I tiRivl� ~ THRU l DICKSON ST.rnrw C Figure 2 - Option 1 Depot Lot - Partial Site The proposed layout of the parking deck in Option 1 is in a north -side orientation with vehicular entrances from West Avenue at the northeast corner of the deck and from Dickson Street through the existing surface parking lot at the southwest corner of the deck. The eastern and western bay of the parking deck will contain ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast and southeast corners of the deck. A 2- story 3,800 square foot liner building measuring 15 -ft. deep is located along the West Avenue fa4ade of the deck. The liner building is proposed to be an independent structure to the parking deck. To gain additional parking spaces the deck includes an off -shoot flat deck structure in the northwest corner. Access to the existing surface parking spaces northwest of the parking deck is maintained through the ground floor level. Option 1 displaces 105 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 434, to achieve a net gain of 329 parking spaces. Garver Project No. 19T21000 Page 5 IARVER The site is currently used as a parking area for Arsaga's Coffee Shop, Chipotle Mexican Grill, the Rendezvous Hookah Lounge, and the Bank of w Fayetteville (Train). The topography of the site slopes gently up from Dickson Street to the north ��_ �• with about 4 -ft. of elevation gain from the + i'P southwest parking deck entrance to the northeast , parking deck entrance. The property is privately owned. R . I tiRivl� ~ THRU l DICKSON ST.rnrw C Figure 2 - Option 1 Depot Lot - Partial Site The proposed layout of the parking deck in Option 1 is in a north -side orientation with vehicular entrances from West Avenue at the northeast corner of the deck and from Dickson Street through the existing surface parking lot at the southwest corner of the deck. The eastern and western bay of the parking deck will contain ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast and southeast corners of the deck. A 2- story 3,800 square foot liner building measuring 15 -ft. deep is located along the West Avenue fa4ade of the deck. The liner building is proposed to be an independent structure to the parking deck. To gain additional parking spaces the deck includes an off -shoot flat deck structure in the northwest corner. Access to the existing surface parking spaces northwest of the parking deck is maintained through the ground floor level. Option 1 displaces 105 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 434, to achieve a net gain of 329 parking spaces. Garver Project No. 19T21000 Page 5 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS Advantages of Option 1: Cultural Arts Corridor Parking Deck Site Evaluations • South end of lot remains open for potential future development. • No existing structures within the footprint of the deck are required to be removed or relocated. • Option 1 is in close proximity walking distance to the west entrance to the WAC. Disadvantages of Option 1: • Existing location of dumpster between existing buildings to the west of the parking deck is blocked by the parking deck and will require relocation to an accessible location. • The property is privately owned. • Number of levels is 4-1/2, which places the top of the deck above existing adjacent structures. • Visibility of Arsaga's Coffee Shop is limited. • Off -shoot parking deck area in the northwest area of the lot has dead-end traffic circulation pattern, decreasing parking efficiency. • Parking for the Bank of Fayetteville (Train) is impacted requiring reconfiguration of the entrance drive. Garver Project No. 19T21000 Page 6 ICARVFR CITY OF FAYETTEVILLE ARKANSAS AAS 3.4 Option 4 - East Lot - Partial Site Cultural Arts Corridor Parking Deck Site Evaluations This site is located at the NE corner of Spring Street and School Avenue and occupies the northern portion of the site as shown in Figure 5 below and in full detail in Figures A7 - A8 in Appendix A. JaML o- b r � b 4 a n a 1 � •aN as j i is r r 1 :a Figure 5 - Option 4 East Lot - Partial Site As with Option 3, the site is currently used as a City owned and operated surface parking lot. The site's topography slopes up quickly from Spring Street to the north until about mid -way through the site and then slopes down gently to the north. This variation in existing topography allows for entrances into multiple levels of the deck. The proposed layout of the deck in Option 4 is in a north -south orientation with vehicular entrances from Shipley Alley on the southeast corner and from School Avenue in the northwest corner of the deck. The deck contains internal ramps on the eastern and western sides as identified by the U and D arrows. Pedestrian entrances are located at the southeast corner of the deck off Shipley Alley and at the northwest corner off School Avenue. One 1 -story 15 -ft deep liner building with 1,115 square feet is located along School Avenue. The existing residential structures and bike shop on the south end of the site would remain as liner buildings, but could also be reconfigured or replaced with new complimentary development on the privately owned property. Option 4 displaces 59 existing on-site spaces, which requires a 4 -level deck consisting of a total parking space count of 389, to achieve a net gain of 330 parking spaces. Garver Project No. 19T21000 Page 11 ICARVIER CITY OF FAYETTEVILLE ARKANSAS AAS Advantages of Option 4: Cultural Arts Corridor Parking Deck Site Evaluations • Existing bike shop on the corner is retained which serves as a liner building. • The parking deck takes advantage of the existing East Lot terrain offering entrances onto different levels. • Two existing residential structures on the south end of the site east of the bike shop remain. • The property is owned by the City. Disadvantages of Option 4: • The parking deck will be 4 levels in order to meet parking space objectives. • Option 4 is the furthest walking distance from the nearest WAC entrance as compared to the other locations. • Residential structures are located along the east of Shipley Alley. • Entrance/Exit on east side is onto one -lane alley. Garver Project No. 19T21000 Page 72 ICARVFR CITY OF FAYETTEVILLE ARKANSAS Cultural Arts Corridor Parking Deck Site Evaluations 3.5 Option 5 - Nadine Baum Studios Site This site is located at the NW corner of the Meadow Street and West Avenue Intersection and is bounded by Spring Street on the north. The parking deck occupies the south end of the site as shown in Figure 6 below and in full detail in Figures A9 - A10 in Appendix A. The site is currently jointly owned by the City and the University of Arkansas. The Walton Arts Center (WAC) operates a Community Creative Center in a portion of the existing 20,000 square foot Baum Studios structure. TheatreSquared occupies the remainder of the existing structure and performs shows in a 175 -seat studio type theater. As of this report TheatreSquared is in the process of constructing a new facility located east across West Avenue at the southeast corner of Spring Street and West Avenue, opening later this year. SPRING STREET•, y Figure 6 - Option 5 Nadine Baum Studios Site R.O.W. 4 PARK? ABOVE rb Garver Project No. 19T21000 Page 73 ICARVIiER CITY OF FAYETTEVILLE ARKANSAS AAS Cultural Arts Corridor Parking Deck Site Evaluations The site's topography variation of 6 to 10 -ft. allows for multi-level entrances from the southwest corner from Meadow Street and the northeast corner from West Avenue. The parking deck is oriented east to west along the southern portion of the site. The deck contains internal ramps on the north and sounds sides as identified by the U and D arrows. Pedestrian entrances are located at the southwest corner of the deck off Meadow Street and at the northeast corner off West Avenue. One independent 1 -story, 15 -ft. deep, 2,790 square foot liner building is located along Meadow Street. A 1 -story, 15 -ft. deep, 1,490 square foot liner building is situated inside the deck and is located along West Avenue. The northern portion of the site remains open for future potential development. Option 5 displaces 22 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 338, to achieve a net gain of 316 parking spaces. Advantages of Option 5: • The parking deck takes advantage of the existing terrain offering entrances onto different levels. • The property is jointly owned by the City and the University of Arkansas. • Liner building space is provided along Meadow Street and West Avenue. • Large potential development site on north end of lot. • Existing on-site loss of parking spaces is minimal. Disadvantages of Option 5: The parking deck will be 4-1/2 levels in order to meet parking space objectives. Removal of the existing 20,000 square foot Baum Studios structure. Non-traditional layout of parking deck levels, decreasing efficiency of traffic circulation. Garver Project No. 19T21000 Page 74 ICARVFR CATV OF FAYETTEVILLE ARKANSAS 4.3 Nadine Baum Studios Site Alternate Concept Cultural Arts Corridor Parking Deck Site Evaluations For the Nadine Baum Studios Site an alternate concept was initially evaluated. This alternate would position the parking deck to parallel the Razorback Greenway and provide 2 -story liner buildings along West Avenue and a 1 -story liner along Meadow Street. The total square footage of liner buildings as shown below in Figure 9 is equal to 35,340 S.F., resulting in a Net Gain of 15,340 S.F. after accounting for removal of the existing 20,000 S.F. building. This layout required a 4 -level 362 - space parking deck to offset an on-site loss of 22 spaces, to achieve a net gain of 340 spaces. This layout was superseded with Option 5 due to its more efficient use of space on the site resulting in the large potential development site on the north side of the site. � j� Y " EAD�7W ST, -v. r_ f Figure 9 - Nadine Baum Studios Site Alternate Concept Garver Project No. 19T21000 Page 17 IARVER CITY OF ARKANS EV!ILLE ARKANSAS 5.0 Site Evaluation Matrix Cultural Arts Corridor Parking Deck Site Evaluations The evaluation criteria bring the potential decision-making factors together for a comprehensive comparison and are presented in matrix form below: Site Evaluation Matrix Cultural Arts Corridor Parking Deck Site Selection Study Note: All proposed parking deck options comply with the City's Height and Zoning Regulations for the Downtown Overlay Planning District. Garver Project No. 19T21000 Page 18 .. "Depot"Depot .. .. .. Option Deck Total Spaces: Partial Site" 434 Full Site" 436 Full Site" 390 Partial Site" 389 Studios Site" 338 Existing Spaces On -Site Lost: 105 113 59 59 22 Net Gain of Spaces: 329 318 331 330 316 Number of Levels: 41/2 3 1/2 31/2 4 41/2 Existing Property Owner: Private Private City / Private City City/ U of A Total S.F. of Liner Buildings: 3,800 S.F. 9,740 S.F.+ Train 4'925 + Bike 3,810 S.F. 4,235 S.F. SS.FF. Walking Distance from Deck Entrance to West WAC Entrance: 516 -ft. 441 -ft. 605 -ft. 605 -ft. 700 -ft. Meets the Within 1,000 -ft. Radius of WAC Nearest Entrance Criteria: ✓ ✓ ✓ ✓ V, Yes - Relocate Train Yes - Demo 2 Yes- Demo Existing Existing Structures On -Site: (Yes/No) & (Demo or Relocate) No as Liner, Demo Bank Residential Structures No 20,000 SF Structure Drive Thru Additional Development Potential (S.F.) 26,900 S.F. --- --- Possible But Privately 24,250 S.F. Owned Summary: 3 5 4 4 Green - Meets or Exceeds Criteria /Definitive Site Advantage 6 Yellow - Meets Criteria 3 5 Red - Unsatisfactory Condition 4 6 3 3 2 1 1 Preferred Option ✓ ✓ ✓ Note: All proposed parking deck options comply with the City's Height and Zoning Regulations for the Downtown Overlay Planning District. Garver Project No. 19T21000 Page 18 �gTEGg1iY 1 ' February 7, 2019 Mr. Peter Nierengarten City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Subject: Fayetteville Cultural Arts Corridor Civic Space Underground Parking Garage Study Thank you for the opportunity to provide a rough order of magnitude of this parking option. Nabholz has evaluated the costs that would be incurred to provide an underground parking garage below the proposed civic space at the existing Walton Arts Center parking lot. Pricing has been based on providing a one level, 300 stall, below grade parking garage with the civic space to be constructed atop the parking structure. It is anticipated that an approximate range of $19,500,000 - $21,500,000 can be expected to construct the parking structure. The following items should be noted: 1. No design documents have been provided for this pricing exercise. 2. Pricing does not include design costs. 3. Extensive re-routing of existing storm sewer infrastructure will be required. 4. A previous assessment of the site provided by Garver dated 11/16/2012 has identified the presence of anticipated rock excavation as well as the presence of groundwater. 5. The presence of an existing spring as well as the previously discovered groundwater will require a dewatering pumping system. 6. Rock excavation has been anticipated for roughly 1/3 of the overall excavation due to the findings in the previous Garver site assessment. The amount of rock excavation is based on the limited information provided. A more thorough subsurface investigation would need to be performed to verify the rock excavation needed. 7. This scope of work has been priced as a stand-alone project above and beyond the established pricing for the Civic Space scope of work for the Cultural Arts Corridor. As such, the pricing includes fee, general conditions and general requirements, as well as appropriate contingencies. We greatly appreciate the opportunity to assist in this evaluation and ask that you do not hesitate to contact us should you have any questions or comments. Sincerely, James Monhollon Nabholz Construction Services 1 2 3 4 5 6 7 8 9 Job Phase Cost Opinion PROJECT NAME FCAC Civic Space Parking Garage Study PROJECT LOCATION Fayetteville, AR REVIEW DATE 2/7/2019 ESTIMATED DURATION 11 mo Job Phase Nabholz Description Takeoff Quantity Grand Total 01 03.0010 Building Costs Parking Structure Parking Structure Allowance 300.00 stll 12,195,197 16,308,232 03.0010 Parking Structure 300.00 stll 12,195,197 31-0000 Earthwork and Site Prep Builder's Risk Structured Soil 879.00 cuyd 107,196 Select Fill 9,110.00 cuyd 129,615 Relocate Box Culverts 700.00 Inft 853,664 287,329 De -watering Allowance 1.00 Isum 101,627 Inflation Contingency Rock Excavation Allowance 22,223.00 cuyd 2,258,449 7.000 % 31-0000 Earthwork and Site Prep 300.00 stll 3,450,550 01 Building Costs 300.00 stll 15,645,746 02 General Condtitions 2.000 01.2410 General Conditions 19,048,251 General Conditions 11.00 mnth 662,486 01.2410 General Conditions 300.00 stll 662,486 1,108,628 02 General Condtitions 300.00 stll 662,486 Estimate Totals Description Cost of Work Amount 16,308,232 Totals Ho -s 16,308,232 Rate Buildinq Permit NIC Building Permit NIC 16,308,232 General Liability 171,333 Builder's Risk 22,173 Performance Payment Bond 93,823 Insurance & Bonds 287,329 16,595,561 Inflation Contingency 1,161,689 7.000 % Estimate Contingency 887,863 5.000 % Construction Contingency 403,138 2.000 Contingency 2,452,690 19,048,251 Construction Manaqer Fee 1,108,628 5.500 % Contractors Fee 1,108,628 20,156,879 Total 20,156,879 PROJECT CONFIDENTIAL Property of Nabholz Construction Corporation Not for Duplication or Distribution This document includes data that is deemed trade secret or proprietary to Nabholz and prepared in conjunction with the Project. This document is shared with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate, use, or disclose, in whole or in part, to any person, entity, or party outside the Project team without Nabholz' prior written authorization. RESOLUTION NO. 1193 RESOLUTION TO AUTHORIZE EXECUTIVE DIRECTOR TO NEGOTIATE PURCHASE AND SACC OF vvE.)i Avtmal! PROPERI y WHEREAS, the City of Fayetteville has set goals and development guidelines including making appropriate infill and revitalization the highest priority; making compact, complete, connected t6vr1opnment tRe standard; and creating opportunities for attainable housing, WMEREAS, the Fayetteville Mousing Authority has set strategic priorities to auM Ilensity at each or its existing properties, vvFIEREA5, tRe Fayetteville Roe3in6 AutRority has considered an offer by the City of Fayetteville to Qevelop a portion of LRe Hillcrest i owers property along west A. r+ac tnut ..oultl allow tRe pity to add sidewalk and Fayetteville Mousing Autnority to alltl residential ane commercial density, WHEREAS, a considerable concern with this density location would be a loss in parking, wMEREAzi, selling the lantl to rMA Deveiopment, Inc. LRen selling a portion to City of Fayette—Jllc increases flexibility of financing options, IQOvv THEREFORE BE IT RESOLVED THAT the Fayetteville Housing Authority board authorizes the Executive DireLTor to riv5atiate terns or LRe ,ale of land to FHA Development, Inc. with proper HUD aurMorization witR final contract to ae approved 0, ine Isovria of co orrii.3ioner, NOW THEREFORE BE IT RESOLVED THAT the Fayetteville Housing Authority board authorizes the Executive Director to begin to negotiate terms of the sale and development of the property with City of Fayctte:ille officials with final contract to be approved by the board of directors of FMA Development, Inc., FURTHERMORE, BE IT RESOLVED THAT the Fayetteville Mousing Authority board encourages the City of Fayetteville to consider adding the replacement parking at the corner of West Ave. and Meadow Ave. and to consider allowing Fayetteville Housing Authority to partner in the development of residential and commercial space in li-,er Building. to ereote a connected development central to the Cultural Arts Corrillor. PASSED AND APPROVED THIS DAY OF OCTOBER, 2019. ATTEST: Acl"Ls SECREemET TME MOvSIMG Au i MURI i r OF i ME CITY OF FAYETTEVILLE, ARKANSAS CMAIRPERwI� 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director Susan Norton, Communications Director Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney DATE: December 10, 2019 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Legal Issues Prevent City's Use of Nadine Baum Property for Parking Deck Attached please find my memo to you of October 25, 2019 in which I explained that the City cannot do anything to use the Nadine Baum property without the express written agreement of the University of Arkansas and Walton Arts Center Council, Inc. Neither have consented to allow us to build our parking deck, much less tear down the Nadine Baum Center (without building a $5-10 Million replacement). Please also see the attached copy of Peter Nierengarten's email of October 24 to Melissa Terry explaining why the City cannot consider the Nadine Baum Center property a reasonable option. If we cannot come to a reasonable accommodation with the Depot lot owner, we will be left with building the parking deck on the current School Avenue lot as our only feasible option to allow us to tear up the Walton Arts Center Parking Lot for the Cultural Arts Plaza. Williams, Kit From: Nierengarten, Peter Sent: Thursday, October 24, 2019 5:11 PM To: melissa terry; Angela Belford; Ali Thurmand Quinlan; Norton, Susan; Marr, Don; Jordan, Lioneld Cc: Williams, Kit Subject: RE: Parking options Hi Melissa — As I have said, the City is no longer pursuing Nadine Baum Lot for the replacement parking. There seems to be confusion on this topic and on the multiple reasons why it is not a feasible site for replacement parking: 1. Property Ownership: The City and the University of Arkansas jointly own the Nadine Baum property and building, as such, both parties would have to agree to redevelop the site. The Mayor has discussed this with the University and they are not interested in participating in a property redevelopment. Without University consent and participation as a joint property owner, the City cannot redevelop or substantially alter the site or building. 2. Current Lease: The property and building are currently leased to the Walton Arts Center for the next 20 years. WAC also has sub -leases with the Community Creative School and the University of Arkansas Theatre Department for the building. 3. Building Replacement Cost: The estimated cost to replace the existing building is $8M —The Voters only allocated $10M for replacement parking and there is no additional funding available for replacement of the building, much less the other uses that you have identified. Therefore as I have said, we only continuing to pursue the School Ave Lot and the Depot Lot for replacement parking. What we need to know from FHA is whether or not you are interested in pursuing development along West Ave in partnership with the City's proposed improvements along West Ave? Peter Nierengarten, PE Environmental Director City of Fayetteville, Arkansas 479.575,8272 From: melissa terry <melissaterry@yahoo.com> Sent: Wednesday, October 23, 2019 11:57 PM To: Nierengarten, Peter <pnierengarten@fayetteville-ar.gov>; Angela Belford <angela@fayettevilleha.org>; Ali Thurmand Quinlan <atq@flintlocklab.com>; Norton, Susan <snorton@fayetteville-ar.gov>; Marr, Don <dmarr@fayetteville-ar.gov>; Jordan, Lioneld <Ijordan@fayetteville-ar.gov> Subject: Re: Parking options Dear Peter et al, On Monday night, the Fayetteville Housing Authority Board of Commissioners passed a unanimous resolution requesting the City's formal consideration of the NBS site as a viable & multifunctional location for the parking deck. 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director Susan Norton, Communications Director Peter Nierengarten, Sustainability Director r FROM: Kit Williams, City Attorney DATE: October 25, 2019 RE: Nadine Baum Property Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal In April of 1994, McBride Distributing Company deeded its former beer distributing location encompassing about 1.34 acres to the Walton Arts Center Council, Inc. (Deed attached) This is the Nadine Baum Center property. In June of 2001, the Walton Arts Center Council, Inc., deeded this same parcel to the Board of Trustees of the University of Arkansas and the City of Fayetteville. (Deed attached) Therefore the University and City of Fayetteville jointly own this 1.34 acres. Nothing can be done with the Nadine Baum property without the agreement of both the University and the City of Fayetteville. The University and City jointly leased the Nadine Baum Center property to the Walton Arts Center Council, Inc. by a similar long term lease as we did for the Walton Arts Center itself. We have no legal right to unilaterally cancel such lease of the Nadine Baum Center. Most importantly, the City has no legal power or authority to do anything with the Nadine Baum Center property unless we obtain approval by the University of Arkansas. Mayor Jordan has explicitly informed me that the University's Chancellor has unequivocally rejected any use of the property for a city parking deck. The City cannot attempt a condemnation against the University of Arkansas which cannot even be sued in Arkansas Courts because of its constitutional immunity. "The State of Arkansas shall never be made defendant in any of her courts." Arkansas Constitution, Article 5, Section 20. The Arkansas Supreme Court has held that the above doctrine of constitutional sovereign immunity bars any claim or litigation against the University of Arkansas and its Board of Trustees. University of Arkansas for Medical Sciences v. Adams, 354 Ark. 21,117 S.W. 3d (2003). This, of course, means the City of Fayetteville has zero legal power to force the University of Arkansas to do anything regarding the Nadine Baum Center property. Therefore, the Nadine Baum Center cannot be an optional site for the replacement parking deck. It is simply beyond the City's power to locate a parking deck or do anything on this property without the University's agreement which has been repeatedly rejected. AGENDA SESSION WALK ON 12/10/19 City of Fayetteville Staff Review Form 2019-0898 Legistar File ID 12/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Peter Nierengarten Submitted By 12/10/2019 Submitted Date Action Recommendation: SUSTAINABILITY/RESILIENCE (631) Division / Department Staff recommends adopting a resolution authorizing Mayor Jordan to sign a letter of intent with Sage Partners on behalf of the Bank of Fayetteville, Farmers and Merchants and to sign a letter of intent with Sage Partners on behalf of Fayetteville Depot, LLC (Greg House) for the purchase of property for the construction of a new parking structure on the Depot Lot to replace the parking spaces on the West Ave Lot in preparation for the construction of the Civic Plaza as part of the Cultural Arts Corridor Project. Budget Impact: Account Number Fund Cultural Art Corridor Bond - Replacement Parking Project Number Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Res. 250-18 & Ord. 6126 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Peter Nierengarten, Environmental Director CITY COUNCIL MEMO CC: Susan Norton, Communications Director Justin Clay, Parking Manager Wade Abernathy, Facilities Management Director DATE: December 10, 2019 SUBJECT: Resolution authorizing Mayor Jordan to sign letters of intent for the purchase of property on the Depot Lot for replacement parking RECOMMENDATION: Staff recommends adopting a resolution authorizing Mayor Jordan to sign a letter of intent with Sage Partners on behalf of the Bank of Fayetteville, Farmers and Merchants and to sign a letter of intent with Sage Partners on behalf of Fayetteville Depot, LLC (Greg House) for the purchase of property for the construction of a new parking structure on the Depot Lot to replace the parking spaces on the West Ave Lot in preparation for the construction of the Civic Plaza as part of the Cultural Arts Corridor Project. BACKGROUND: The Cultural Arts Corridor is a 2017 Walton Family Foundation Design Excellence Program green space award winning project in Downtown Fayetteville that is being designed with the primary goals of: • Increasing public access and strengthen the surrounding neighborhood, • Leveraging the connected trail network, • Demonstrating a commitment to sustainability, and • Embodying an innovative spirit, encouraging visitors and residents to engage with the space in new ways. The corridor was established to link existing art institutions, the Walton Arts Center, Theatre Squared, Community Creative Center with the Fayetteville Public Library and the University of Arkansas — School of Art. The project has three primary elements: • Scope Area A contains the Fay Jones Woods, the Razorback Regional Greenway, and street improvements along West Ave., Scope Area B contains the West Ave adjacent West Ave. and Dickson St., Construction of replacement parking. Civic Space and street improvements to the and Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The City will begin construction on the improvements in Scope Area A in the summer of 2020. Construction of the design elements for Scope Area B are envisioned to begin in 2022. On December 18, 2018, City Council passed resolution 250-18 supporting $10M from the Cultural Arts Corridor Bond being spent on replacement parking for the parking spaces in the West Ave. Parking Lot at Dickson St. and West Ave. where the Civic Plaza is to be built. Then on Tuesday, April 9, 2019, the Citizens of Fayetteville voted yes on question 8 in the Bond that authorized $31,685,000 for Arts Corridor Bond Improvement. Specifically question 8 stated that prior to the removal or loss of twenty-five (25) or more public parking spaces from the West Ave. Parking Lot related to the Cultural Arts Corridor, the City must replace the 290 lost parking spaces within 1000 feet of the Walton Arts Center's west public entrance. Additionally, on March 12, 2019, City staff and Garver Engineering provided an analysis of several locations within 1000 feet of the Walton Arts Center's west public entrance that would be suitable for replacement parking. That analysis identified three locations that met bond criteria: - Depot Lot — NW Corner of Dickson St. and West Ave. - East Lot — Located on the east side of School Ave between Dickson St. and Spring St. - Nadine Baum Studios Site — Located on the west side of West Ave between Spring Street and Meadow St. Depot Lot— The Depot Lot currently has multiple uses including 170 reserved and paid surface parking spaces and several buildings/businesses: the historic Fayetteville Train Depot occupied by Chipotle, the Freight Building occupied by the Arsaga's Depot, and the Train Bank occupied by the Bank of Fayetteville. It is bounded by the Razorback Greenway and Arkansas/Missouri Railroad on the West, the Lafayette Street Bridge and private property to the north, West Ave on the east and Dickson Street on the south. East Lot— The East Lot is currently a 59 -space surface parking lot owned by the City of Fayetteville. The lot is comprised of 2 parcels that total 0.8 acres bounded by Shipley Alley and residential houses on the east, residential houses and the Highroller Bike Shop on the south, School Ave on the West and Kingfish Bar on the north. Nadine Baum Studio Site — The Nadine Baum Studio site at 505 W. Spring St. is occupied by a 25 -space parking lot and a 20,000 sq ft building that are leased to the Walton Arts Center through August 13, 2039. The building was constructed in the 1980 as a distribution warehouse for McBride Distributing Company. More recently the building has been converted into theatre space and artist studio and clay making space. The Community Creative Center sub -leases and occupies the studio space while the University of Arkansas Theatre Department leases and utilizes the theatre space. Until the opening of their new theatre building across West Ave. earlier in 2019, Nadine Baum Studio was the original home of Theatre Squared. The site is bounded by the Razorback Greenway and Reindl Properties to the west, Meadow St. to the south, West Ave to the east and Spring St. to the north. DISCUSSION: After completion of the initial analysis, staff began further assessment of the feasibility of the three locations by evaluating them against stakeholder input, required bond language criteria, the City's expressed priorities in the Downtown Fayetteville Master Plan and City Plan. Site Ownership: • The 2.4 -acre Depot Lot is comprised of 3 parcels with 1.6 acres owned by the Fayetteville Depot, LLC and 0.8 acres owned by the bank of Fayetteville. Both entities have provided letters of intent to the sell portions of their property to the City of Fayetteville for a combined $350,000 plus a land swap for approximately 0.2 acres on the north end of the Civic Plaza across West Ave. • The East Lot is wholly owned by the City of Fayetteville. The Nadine Baum Studio site is a 1.4 -acre parcel owned jointly by the City of Fayetteville and the University of Arkansas and leased to the Walton Arts Center. The University of Arkansas has indicated on multiple occasions that they are not interested in redeveloping this property into a parking deck. According to an October 25, 2019 memo from Fayetteville City Attorney, Kit Williams, "Nothing can be done with the Nadine Baum property without the agreement of both the University of Arkansas and the city of Fayetteville." The memo further states that "...the City has no legal power or authority to do anything with the Nadine Baum Center property unless we obtain approval by the University of Arkansas." Net Parking Gain: • The Depot Lot is currently a surface parking lot with privately managed parking spaces. Proposed parking deck footprints would impact 60 existing parking spaces; therefore 350 replacement spaces would need to be constructed to replace the net parking loss. • The East Lot is currently a surface parking lot with 35 parking spaces leased to the Walton Arts Center and 24 publicly available spaces, therefore 349 replacement spaces would need to be constructed to replace the net parking loss. • The Nadine Baum Studio site currently has a 25 parking spaces that are included with the site lease to the Walton Arts Center, therefore 315 replacement spaces would need to be constructed to replace the net parking loss. Construction Access and Impact to Existing Businesses and Residents: • The 2.4 -acre Depot Lot has several nearby businesses including the Bank of Fayetteville, Scarpino's and Arsaga's Depot. Staging and construction of a parking structure on this lot would impact adjacent businesses but could be completed with limited disturbance. The large asphalt parking area north of the proposed structured parking location could easily serve as the staging and laydown space for materials used in the construction of a new parking deck. The East Lot has several nearby businesses including Highroller Cyclery and Kingfish Bar. Additionally, there are six residential properties directly across the 15' alley from the lot — several of these residential properties' front doors face the lot. Construction of a parking structure on this site would have limited impact on nearby businesses and residents and would almost certainly have a lasting long-term impact on the residential properties that would face the structure. Because the entire site would be developed for the parking structure, staging and laydown space on this tightly confined lot would be difficult. Construction of replacement parking on the Nadine Baum Lot could not be completed without the removal and replacement of the 20,000 square foot Nadine Baum Studio Building. This would force the relocation of the Community Creative Center and University of Arkansas Theatre Department who currently sub -lease the building from the Walton Arts Center. As mentioned, the current lease with the Walton Arts Center runs through August 13, 2039. Staging and laydown space would easily be available on the lot. Distance to the Walton Arts Center and distribution parking: • The West Ave. pedestrian exit from a parking structure on the Depot Lot would have direct line of site and access to the Walton Art Center's main entrance at West & Dickson with an approximate walking distance of 400 ft. Additionally, since the City does not maintain any other parking structures north of Dickson St. or within a 5 -minute walk of this location, structured parking on the Depot Lot would not only serve the Walton Arts Center but also many of the businesses along West Ave. and Dickson St. The School Ave. pedestrian exit from a parking structure on the East Lot would not have direct line of sight access to any of the Walton Arts Center's public entrances, with an approximate walking distance to the Walton Art Center's entrance at West & Dickson of 550 ft. The City currently operates the Spring St. Parking Deck directly across the street from the East Lot. Utilization of that deck has grown steadily since construction in 2015, but the deck has only reached capacity twelve (12) times for events during 2019, suggesting that additional structured parking in this location may not be the ideal location to match parking demand. Furthermore, locating two parking decks across the street from each other along School Ave. is not likely to help further the goals of the Downtown Master Plan. • The West Ave. pedestrian exit of a parking structure on the Nadine Baum Lot would have direct line of site access to the Walton Art's Centers entrance on West Ave with an approximate walking distance of 730 ft. The nearest structured parking to this location is the City's Spring Street parking deck, located a 3 -minute walk away. Additional Development Potential: • The large paved surface parking lot that encompasses much of the Depot Lot represents a large development opportunity in the heart of the Entertainment District. The size of 4 the three parcels comprising the Depot Lot is 2.4 acres, of that acreage approximately 0.7 acres of privately -owned property would have highest redevelopment potential after construction of structured parking. This corner of Dickson St. and West Ave. has the potential for a multi -story mixed-use structure that would screen the parking deck from the street and provide commercial and/or residential intensity and density with significant potential for property and sales tax revenue generation. The redevelopment of this surface parking lot with structured parking and a mixed-use liner or corner anchor building furthers several Downtown Master Plan and City Plan goals. Structured parking on the East Lot would utilize the entire 0.8 -acre lot owned by the City for a singular use. A liner building along the S. School Ave. fagade would have limited depth (15-20 feet) and therefore may also have restricted appeal as commercial, office or residential space and have limited property and sales tax revenue generation potential. If this liner space were built by the City, it would be restricted to municipal uses. Redevelopment potential may exist on the 0.4 acres of privately owned property south of the City's property, but due to the proximity of the existing Spring Street Parking deck to these parcels (across the street), it could reasonably be argued that this development potential exists today and would not be significantly enhanced due to the construction of additional structured parking on the East Lot. If this location is not selected for the new parking deck it should be evaluated for other redevelopment as it has high potential for alignment with the Downtown Master Plan and City Plan as a future mixed-use multi -story structure either publicly or privately funded and developed. Construction of replacement parking on the 1.4 -acre Nadine Baum Lot would leave approximately 0.5 acres of publicly owned land with high redevelopment, property tax generation and sales tax generation potential. The triangular shape of this parcel and the adjacent Razorback Regional Greenway provides some design challenges in order to maximize the land area potential for the site. If this location is not selected for the new parking deck it should be evaluated for other opportunities as it will have very high redevelopment potential after completion of the adjacent Civic Plaza. Vehicular Entrance/Exit Locations: Multiple stakeholders and the City's Parking Division have expressed the need for the replacement parking structure to have more than one vehicular entry/exit location specifically for the efficient exiting of vehicles after downtown events. • Replacement parking on the Depot lot would allow for direct entry/exit access onto West Ave at Watson St. Additionally, the Administration has negotiated a second entry/exit via an access easement further north on West Ave. The East Lot would allow for direct entry/exit access onto School Ave. north of the current exit/entrance to the Spring Street Parking Deck. With improvements to Shipley Alley, a second entry/exit is likely possible but would be restricted to one-way access to Spring St. due to only having 15' of right of way. Furthermore, the proximity of the deck entry/exit access to the existing Spring St. Parking Deck may create event exit traffic congestion issues along School Ave. and Spring St. • Depending on the replacement parking orientation on the Nadine Baum Lot, multiple entry/exits on to Spring, Meadow and West Ave are possible. Deck Const Cost (incl. design, prop & easement acquisition and other costs) • Depot Lot — The cost estimate for the design and construction of a 350 -space parking deck on the Depot Lot (including $350,000 for land acquisition) is $9.877M. • East Lot — The cost estimate for the design and construction of a 349 -space parking deck on the East Lot (including $150,000 for skyway crossing over School Ave.) is $9.883M. The cost of construction for this option is slightly higher than the Depot Lot due to the greater material excavation necessary (and additional rock excavation contingency) on the sloping site. Nadine Baum — The cost estimate for the design and construction of a 312 -space parking deck plus the Nadine Baum Studio building replacement is $17.825M. It should be noted that this replacement cost includes $9M for the replacement of the 20,000 sq ft Nadine Baum building, using average design and construction cost of $450/sq ft. This number was calculated with input from planners and construction managers at the City, University of Arkansas and Walton Arts Center. When added to the cost of the parking structure, replacement of the Nadine Baum Studio building significantly exceeds the $10M in the CAC Bond allocated to replacement parking. Summary & Recommendation: Based on the cost to replace the Nadine Baum Studio building and the lack of University of Arkansas interest in redeveloping the site, Mayor Jordan and Staff recommend eliminating Nadine Baum as an option for replacement parking. The Depot Lot and the East Lot on School Ave. both appear to be workable options for the replacement parking deck. Based on the discussion above and the scoring in the Replacement Parking Deck Decision Matrix, the Mayor and Administration recommend the Depot Lot as the preferred and most viable option for replacement parking. Beyond the categories in the scoring matrix, the Depot Lot offers additional flexibility and space to evaluate parking deck options with flat floor plates — this may make the deck more suitable for future adaptive reuse. Also, the Letter of Intent from Fayetteville Depot, LLC requests conveyance of 15 ft of property for 3 -story liner building space between the new parking structure and West Ave. Fayetteville's Downtown Design Overlay District will require the construction of a liner building space or other pedestrian scale architectural treatments and/or green screen between the parking deck and West Ave. Construction of this liner building space by Fayetteville Depot, LLC instead of the City has the benefit of allowing more flexible use of this space (bond requirements would only allow municipal use of the liner building space if built by the City), increasing sales tax generation, improving the pedestrian experience along West Ave. and reducing the City's cost for construction of the parking deck. Discussions with the Fayetteville Depot, LLC and the Bank of Fayetteville have resulted in both entities providing letters of intent to the sell approximately 0.3 acres (each) of their property to the City of Fayetteville in exchange for 0.2 acres on the north end of the Civic Plaza plus a combined $350,000 ($250,000 to the Fayetteville Depot, LLC and $100,000 to the Bank of Fayetteville). The letters of intent also provide for: - Design and use restrictions for the 3 -story building on the north end of the Civic Plaza (including: active ground floor uses, sustainability practices & low impact development) - Construction requirements for the 3 -story building on the north end of the civic plaza — Developer must pay of all normal side development/utility costs and must complete building construction prior to or by the time of the Plaza opening - An approximately 0.2 -acre access easement for a second parking garage exit further north onto West Ave. - An approximately 0.2 -acre temporary construction easement to allow for staging and access to the deck during construction - Protection and access to the Freight Building currently occupied by Arsaga's Depot during parking deck construction - The ability for adjoining development on the Depot Lot to fund the design and construction of additional floors for the parking deck This resolution would authorize Mayor Jordan to sign both letters of intent, which would enable staff to begin working with consultants, contractors and both property owners to develop the preliminary parking deck design. That design would guide the actual land purchase from both property owners — this purchase would be brought back to City Council for final authorization in 2020. If City Council chooses not to support this resolution, then the Administration will move forward with the design of replacement parking on the East Lot on School Ave. It should be noted that the current budget for this option does not allow for buried parking, therefore a parking deck at this location would be a 4 -level above ground structure. BUDGET/STAFF IMPACT: Funding for replacement parking will come from the $1 OM allocated in the Cultural Arts Corridor Bond. Funding for the construction of Phase 1 of the Cultural Arts Corridor Bond including replacement parking, the Fay Jones Woods, the Razorback Regional Greenway, and street improvements along West Ave. was authorized by City Council on May 28, 2019. Those bonds totaling $20.OM for Phase 1 of the Cultural Arts Corridor were sold on August 15, 2019 with at least 85% of funds required to be spend within 3 years. Attachments: Replacement Parking Deck Decision Matrix Sage Partners Cover Letter from Sterling Hamilton Letter of Intent — Sage Partners on behalf of Fayetteville Depot, LLC (Greg House) Letter of Intent — Sage Partners on behalf of the Bank of Fayetteville, Farmers and Merchants City Attorney Memo on Nadine Baum CAC Parking Deck Site Evaluations Report from Garver Engineering, LLC Replacement Parking Deck Decision Matrix Depot Lot East Lot Nadine Baum (partial site) (Partial Site) Studio Site Site Ownership Private City -- MMMMMMMMq City/University Parking Spaces Constructed (net parking gain) 350 (290) 349 (290) 312 (290) Layoutspace Layout space Construction Access available on site Very tight/difficult available on site BoF, Arsaga's, Highroller Bikeshop, Scarpino's Kingfish and nearby Impact to impacted by homes impacted by dine Baum Studio buildings/businesses construction construction removal Dist and line of site to West WAC Entrance Yes - 400' No - 550' Yes - 730' Not near another Across the Street Not near another Distribution of Parking City Deck from Spring St. Deck City Deck Small liner building Additional Development space along School Potential YES Ave. YES Alley and School Ave West & Meadow & Entrance/Exit Locations Two on West Ave. near Spring Deck Spring Deck Const Cost (incl. design, prop & easement acquisition and other costs) $ 9,877,000 1 $ 9,883,000 $ 17,825,000 Northwest Arkansas C U S H M A N& ^ C e 5100 8W.0 JB Hunt Drive I I 1 'WAKEFIELD ,,,sag Suite sNERS Rogers,, AR 72758 479-845-3000 Office November 25, 2019 Mayor Lioneld Jordan Sage Partners on behalf of Fayetteville Depot, LLC (Greg House) Via Electronic Mail Dear Mayor Jordan: would like to thank everyone at the city involved in this negotiation for their patience and wisdom. It is evident that the city staff, the mayor and our elected officials care for our community and its future. am attaching this cover letter to the enclosed LOI in order to add some color and clarification to the discussion around the City's acquisition of the Depot Site for the parking deck. would like to clarify a few points around the transaction: 1. Size of property 2. Value of property 3. Value of property in relation to land swap 4. Other benefits of the transaction which are not stated in the LOI The size of the property for Fayetteville Depot, LLC as it relates to the parking deck will have a footprint of approximately .3 - .4 acres. The total affected property from our agreement will be closer to 1 acre of property. Included in this 1 acre of property will be the remainder of the northern property which will be encumbered with an access easement for the parking deck and will also include the preservation of the existing depot building. I believe that through this negotiation, we should be talking about the total affected property rather than just the property to be conveyed to the city. The $250,000 payment is a number that I derived from what I assessed were Fayetteville Depot, LLC's needs as they related to lost income and incidentals due to the transaction. While I believe that the parking deck and the land swap represent adequate value for the transaction in question, I believe that the $250,000 one-time payment will fill the gap in lost income while the parking deck and any other development occur at the site. Based on my analysis, even with the cash payment, Fayetteville Depot will still see a loss on its current income statement based on the construction schedule Fayetteville Depot, LLC estimates for the construction of the Cultural Arts Corridor and Civic Plaza. I hope we can have a short discussion on value without getting into the weeds. I would like to own and defend the terms of the LOI as my influence has been strong throughout the negotiation and I have pride of both ownership and fairness in all my business dealings. My resume of valuation and financial analysis is deep and includes negotiations between public institutions, municipalities, private equity funds, fortune 100 corporations and most everything in between. I am not saying this to tout my resume and experience but to underpin the experience behind the LOI we are presenting with this letter. would like to make three points as they relate to the value of the Depot property. These points are simple competitive pricing, lost development rights and city encumbrance. A simple competitive comparison on $250,000 for the encumbrance of approximately 1 acre of land at the depot would lend itself to showing that the proposed terms, from a cash perspective, is a very small portion of the overall value of this property. Collier Diversification Specialties, LLC sold approximately 1.4 acres of land at 151 W. Dickson street to 151 Dickson Development LLC in June of 2017 for $4.4 million dollars. This transaction represented approximately $3.1 million per acre in value for contiguous property on Dickson Street. Fayetteville Depot, Northwest Arkansas C U S H M A N& ^ C e 5100 8W.0 JB Hunt Drive I I 1 'WAKEFIELD ,,,sag Suite sNERS Rogers,, AR 72758 479-845-3000 Office LLC is asking for $250,000 for the sale of --0.4 acres with approximately 1 acre of developable land encumbered by the parking deck. This essentially represents $250,000 for use of an acre of prime property in downtown Fayetteville. While the $250,000 in question is in addition to the parking deck and a land swap, it is only a small addition when considering overall value of the property. Fayetteville Depot, LLC is also in possession of an offer to purchase the Depot property for a value of $6,000,000. Fayetteville Depot, LLC has determined that, while this offer is a good offer, Fayetteville Depot would prefer to engage with the City for the betterment of the cultural arts corridor and to further the goals of the City. I think it is wise to note that the development of the deck, the land swap and the small cash consideration of the LOI represent more risk for Fayetteville Depot, LLC than does a simple sale or contribution which does not involve the City. Risk is the element of the transaction that should be addressed in relationship to the north parcel of the Civic Plaza. This land swap does represent significant value for Fayetteville Depot, LLC but it also represents development and market risk. The City has stated in its response to the original LOI that it wants to control some of the development features on the Civic Plaza parcel. Fayetteville Depot, LLC understands the city's desire for such control but also understands that there is risk in having the city determine tenant uses, parking allocation, design features and the type of sustainable construction. Fayetteville Depot, LLC is willing to take on some of these risks but the .2 acres of the north end of the Civic Plaza is not necessarily comparable in value to the unencumbered parcel currently owned by Fayetteville Depot, LLC. The risk that the cash flow of the Civic Plaza property suffers from external requirements is very high and, in fact, almost assured. While no development perfectly matches the market in demand, cost and highest and best use, the property in question will almost certainly not match highest and best use or cost for highest and best use due to the restrictions already placed on it through the LOI process. Fayetteville Depot is willing to accept these value reductions but would like to acknowledge them in this letter to further justify its requests, specifically the cash consideration, in its original offer to the City. Finally, I would like to take off my broker/valuation/finance hat and address what this transaction means to the citizens of Fayetteville (myself included). Three virtues are represented in this transaction that may not be apparent on its face. These virtues are design/sustainability, historic preservation, and, most importantly, true community building. By working with Fayetteville Depot, LLC, the entire design of the Cultural Arts Corridor and Civic Plaza can be realized all the way to Watson Street. Fayetteville Depot, LLC will work to develop the north end of the Civic Plaza as well as the remainder of the Depot lot in order to honor the design concepts and uses which the city has worked so hard to bring forward. Fayetteville Depot, LLC will have the opportunity to design a much more robust development on the depot lot as a result of this transaction, activating the space, creating more retail and pedestrian opportunities and attracting world class tenants to strengthen our downtown. As a member of the committee to pass the transportation bond, I believe in the mayor's vision to bring something forward that will show the rest of the country why Fayetteville is high on the lists of best places to live. Having continuity in design on adjacent property should be a top priority for all of us. For the purposes of preservation, this agreement will be the only guaranteed opportunity to preserve an historic structure now standing on the property currently owned by Fayetteville Depot, LLC. Preservation sacrifices future development potential in the form of income generating square footage on the ground where the current single -story building stands and I believe that this sacrifice should be taken into account when considering the value that Fayetteville Depot is accepting for its property. Concurrently, if the property goes to market, without the safeguards enshrined in this LOI and the subsequent contract, there will be no guarantee that the future owner will agree to preserve any existing structures other than what is required by law. I believe in consensus and I believe that we can find the right way to do this as a community. I have worked very hard to realize this throughout this negotiation as has everyone involved. This brings me to the final benefit of this transaction: community building. We, the citizens of Fayetteville, can demonstrate that we can, as a community, come together and sacrifice some of our individual ideologies to create what is best for all of us. Your vision, Mayor Jordan, of the Cultural Arts corridor will not just be a beautiful civic space but a testament to the elusive word "community", which we have so much of in Fayetteville. I think most people are like me in that we are proud to be a part a tolerant and progressive city, but also one that can come together to accomplish the higher virtues of that community, intangible but C U S H M A N&sage Northwest Arkansas r 5100 8W.0 JB Hunt Drive 1111 1 WA K E F 1 E L D Suite s paRTNe�s Rogers,, AR 72758 479-845-3000 Office apparent when they are revealed. This project is a true testament to the tolerance and self-sacrifice that is required to achieve the values that truly reflect the culture of Fayetteville. Highest Regards, Sterling Hamilton Sage Partners CU S H M A N& e Northwest Arkansas �5100 W. JB Hunt Drive asaIIS 111b WAKEFIELD Suite 800 PARTNERS Rogers, AR 72758 479-845-3000 Office November 26, 2019 Mayor Lioneld Jordan Sage Partners on behalf of Fayetteville Depot, LLC (Greg House) Via Electronic Mail Dear Mayor Jordan: The following is a Letter of Intent for an offer to sell the below -referenced property under the following terms and conditions: Location: Fayetteville Depot 550 W Dickson Street (Exhibit Attached) Seller: Fayetteville Depot, LLC Buyer: City of Fayetteville Sale Price $250,000 plus exchange of the 0.2 acre northern parcel of the Civic Plaza (currently West Ave Parking Lot) -city to provide survey. Terms: LOI will be good for 60 days Due Diligence for buyer and seller to discuss terms of a purchase and sale. Buyer and/or Seller may, at any time, cancel the LOI. Closing will occur when plans, engineering and permitting are in place. Lot split may occur, if necessary, before closing with mutual agreement by the parties to the transaction. The approximate size and scope of the Depot parcel in consideration is 0.3 acres south of an extension of the north line of Watson St ROW, a 0.2 acre access easement to allow for a second parking garage exit and a 0.2 acre temporary construction easement. Final size and scope will be determined by schematic plans and engineering through whatever entity the City of Fayetteville determines will handle the development or predevelopment process. The City agrees to convey liner building space, back to Fayetteville Depot upon completion of the deck. Fayetteville Depot agrees to develop liner buildings, where space is available, to city development standards and in compliance with current or future zoning restrictions per the city of Fayetteville UDC. The City of Fayetteville will work in good faith with Fayetteville Depot, LLC in order to determine the final size and scope of the exchange property at the north end of the Civic Plaza (West Ave Parking Lot). The building's uses and design should embrace the design intention and support the types of activities envisioned to activate the adjoining Civic Plaza throughout the day. The building shall be a maximum of 3 stories and shall comply with all the requirements of the underlying Main Street Center Zoning District and the Downtown Design Overlay District. It shall have active ground floor uses (restaurant, caf(§, art gallery, retail shopping, etc.). While LEED Certification is not required, C U S H M A N&Cge Northwest Arkansas 5100 W. JB Hunt Drive 111 11111 WAKEFIELD PARTNERS Suite 800 Rogers, AR 72758 479-845-3000 Office the building shall incorporate sustainable products, practices and programs into the building's design, construction and operation. Specifically, the building's stormwater management shall employ low impact development that is complimentary to the adjoining Civic Plaza. . The City shall be allowed transparency and access to communication around the selection of the any developer be it Fayetteville Depot or any other entity selected by the property owner. All normal site development and utility connection cost shall be borne by the selected building developer and/or the Fayetteville Depot, LLC. The building is to be built in conjunction with the construction of the adjoining Civic Plaza and shall be completed prior to or by the time of the Plaza opening. Fayetteville Depot, LLC will work with the City of Fayetteville to ensure the protection of and access to the Freight building occupied by the Arsaga's Depot during the parking deck construction. The City of Fayetteville will build, a parking deck upon the subject property at 550 W Dickson. The parking deck will consist of no less than 290 spaces plus as many spaces as can be built with $10 M in funds from the Cultural Arts Corridor Bond. The City further agrees that any spaces above the 290 required parking spaces from the bond issue will be available in some capacity for use by any future tenants, so long as the method of use complies with the bond requirements. Future tenants would include any tenants in the liner buildings around the deck or any future tenants from any other development on the original Fayetteville Depot, LLC parcel. Should additional development on the adjoining parcels owned by Fayetteville Depot LLC or the Bank of Fayetteville/Farmers and Merchants Bank warrant additional parking demand beyond City constructed spaces, the City will work with Fayetteville Depot LLC to allow private equity funding to be contributed for additional design and construction necessary for additional foundational support, structure, floors and any other reasonable additional elements to the City's parking deck. Cost allocation shall be determined by the City's design engineering firm. The allocation of those City controlled and private equity -controlled spaces shall be documented prior to the new deck being placed in service. This LOI will be dependent on a successful execution of the use of a portion of the property currently owned, but not occupied, by the Bank of Fayetteville/Farmers and Merchants Bank. Due Diligence Due Diligence shall mean any negotiations or necessary events which will lead to a purchase and sale contract. This due diligence period will include the successful pursuit of a contribution or sale of the land owned by Farmers and Merchants Bank. Any item not listed here which buyer needs to address shall not be excluded from this non- binding letter of intent. Northwest Arkansas C U S H M A N& III ��� � 5100 W. JB Hunt Drive WAKEFIELD Roger00 —� PARTNERS Rogers, AR 72758 479-845-3000 Office Non -Binding Agreement: This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. If you have any questions, please call us to discuss at (479) 802-0028. We would appreciate your response as soon as possible. We look forward to receiving your response. Regards, Sterling Hamilton Sage Partners Agreed: Mayor Lioneld Jordan, City of Fayetteville Arkansas - Buyer Agreed: Greg House — Faye ev+ pot, LLC - Seller incept only) Northwest Arkansas ige 5100 W. JB Hunt Drive Suite 800 s Rogers, AR 72758 479-845-3000 Office incept only) 20' WIDE EASEMENT EXISTING PARKING LOTS I I I I, Z LuLu I EXISTING ICEHOUSE BUILDING I, a, I I I I I V NTI LATION 1 21'- g" 27'4' C IARANCE REQ IREMENTS --- —------- POTENTIAL STOP LIGHT AT l THIS INTERSECTION N 11 stalls ! b stales { IEL VATOR AND AIR TOWER T PARKING GARAGE l ll 23,849 SQFT PER LEVEL o 04 3 STORY 15' WIDE LINER BUILDING 1900 SQFT PER FLOOR LEVEL EXISTING ARSAGA'S + 1 _p —i. ELEVATOR AND STAIR TOWER VENTILATION CLEARANCE ° 37' _ 6„ f REQUIREMENTS I I I I I EXISTING BANK OF FAYETTEVILLE I II I I 1 I I I EXISTING TRAIN DEPOT I I I -- � J I E d 3 STORY COMMERCIAL, tti 5400 SQFT PER LEVEL I j i N a BASE - OPTION O1 - OCTOBER 2019 C U S H M A N& Northwest Arkansas usage 5100W JB Hunt Drive Suite 800 11111 11b WAKEFIELD —PARTNERS Rogers, AR 72758 479-845-3000 office SefffemlRl`I9 iUdJ"�lXr �b 201q Mayor Lioneld Jordan Sage Partners on behalf of Bank of Fayetteville, Farmers and Merchants Via Electronic Mail Dear Mayor Jordan: The following is a Letter of Intent for an offer to sell the below -referenced property under the following terms and conditions: Location: 542 W Dickson - Northern Portion of Bank W Dickson Street - -.33 Acres (Exhibit Attached) Seller: Farmers and Merchants Bank Buyer: City of Fayetteville or Special Purpose Entity Sale Price $100,000 plus the guarantee of parking deck construction. Parking deck construction will be assumed to add long term value to the remainder of the bank's comer parcel. This price is roughly equivalent to the per land square foot price being proposed by the adjacent property owner, Fayetteville Depot, LLC. Terns: LOI will be good for 60 days Due Diligence for buyer and seller to discuss terms of a purchase and sale. Buyer and/or Seller may, at any time, cancel the LOI. Closing will occur when plans, engineering and permitting are in place. Lot split may occur, if necessary, before closing with mutual agreement by the parties to the transaction. The exact size and scope of the Bank of Fayetteville parcel in consideration will be determined by schematic plans and engineering through whatever entity the City of Fayetteville determines will handle the development or predevelopment process. The City of Fayetteville will build, to the capacity it is able, a parking deck upon the subject property at 542 W Dickson, south of the intersection of W. Watson Street and West Avenue. The parking deck will consist of no less than 292 spaces plus as many spaces as can be built with funds from the Transportation Bond or any budget number above the bond the City might deem fit. This LOI will be dependent on a successful negotiation for the use of a portion of the property currently owned, but not occupied, by the Bank of Fayetteville/Farmers and Merchants Bank. Due Diligence Due Diligence shall mean any negotiations or necessary events which will lead to a purchase and sale contract. This due diligence period will include the successful pursuit of a contribution or sale of the land owned by Fanners and Merchants Bank. Any item not listed here which buyer needs to address shall not be excluded from this non- C U S H M A N& Northwest Arkansas usage 51008 JB Hunt D ve 11111 11k WAKEFIELD Suites, PARTNERS Rogers, AR 72758 479-845-30000fioe binding letter of intent. Non -Binding Agreement: This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. If you have any questions, please call us to discuss at (479) 802-0028. We would appreciate your response as soon as possible. We look forward to receiving your response. Regards, Sterling Hamilton Sage Partners Agreed: Mayor Lioneld Jordan, City of Fayetteville Arkansas - Buyer Agreed: GaAHudso— warmers and Merchants Bank elle /`—(� II11III'1 WAKEFIELD msage � PARTNERS EXHIBIT A (For reference and concept only) Northwest Arkansas 5100 W. JB Hunt Drive Suite 800 Rogers, AR 72758 479-845-3000 Office 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director Susan Norton, Communications Director Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorne DATE: October 25, 2019 RE: Nadine Baum Property Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal In April of 1994, McBride Distributing Company deeded its former beer distributing location encompassing about 1.34 acres to the Walton Arts Center Council, Inc. (Deed attached) This is the Nadine Baum Center property. In June of 2001, the Walton Arts Center Council, Inc., deeded this same parcel to the Board of Trustees of the University of Arkansas and the City of Fayetteville. (Deed attached) Therefore the University and City of Fayetteville jointly own this 1.34 acres. Nothing can be done with the Nadine Baum property without the agreement of both the University and the City of Fayetteville. The University and City jointly leased the Nadine Baum Center property to the Walton Arts Center Council, Inc. by a similar long term lease as we did for the Walton Arts Center itself. We have no legal right to unilaterally cancel such lease of the Nadine Baum Center. Most importantly, the City has no legal power or authority to do anything with the Nadine Baum Center property unless we obtain approval by the University of Arkansas. Mayor Jordan has explicitly informed me that the University's Chancellor has unequivocally rejected any use of the property for a city parking deck. The City cannot attempt a condemnation against the University of Arkansas which cannot even be sued in Arkansas Courts because of its constitutional immunity. "The State of Arkansas shall never be made defendant in any of her courts." Arkansas Constitution, Article 5, Section 20. The Arkansas Supreme Court has held that the above doctrine of constitutional sovereign immunity bars any claim or litigation against the University of Arkansas and its Board of Trustees. University of Arkansas for Medical Sciences v. Adams, 354 Ark. 21,117 S.W. 3d (2003). This, of course, means the City of Fayetteville has zero legal power to force the University of Arkansas to do anything regarding the Nadine Baum Center property. Therefore, the Nadine Baum Center cannot be an optional site for the replacement parking deck. It is simply beyond the City's power to locate a parking deck or do anything on this property without the University's agreement which has been repeatedly rejected. �1� WARRANTY DEED (CORPORATION) KNOW ALL MEN BY THESE PRESENTS: McBride Distributing Co., Inc., aka McBride Thai D fttribut)1II£ CO a corpora organ z819.nta and by virtue of the laws of the Stale of Arkansas , hereinafter called Grantor, by Its President and Secretary, duly authorized by proper resolullon of Its Board of Directors, for and In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration In hand paid by The Walton Art Center Council, Inc., a not—for—profit corporation hereinafter called Grantee, does hereby grant, bargain and sell unto )he said Grantee and Grantee's heirs and assigns, the following described land situate In WASilMGTOH -_ County, State of Arkansas, to-wlt: 34 flPR 12 Pfd 12 36 iYASItit, t;il,rt CO AR 4 MFvri: uncv T. .r S a385 4 s s 8 A part of Block 8 of the original town (now City) of Fayetteville, Arkansas, being more particularly described as follows: Beginning at the Northeast corner of Block 8, thence North 87 degrees 50 minutes West 90.82 feet to the East railroad right of way, thence South 29 degrees 34 minutes West 215.87 feet, thence South 27 degrees 34 minutes West 43.4 feet, thence South 22 degrees 20 minutes West 62.9 feet, thence South 18 degrees 24 minutes West 42.4 feet along the East right of way, thence South 88 degrees 57 minutes East 254.70 feet, thence North 325.85 feet to the point of beginning, containing 1.34 acres, more: or less. j M IIV m jti pc:+e:.y of P.144 4:1�71NP1! If;,lr n# (anti I(rs laga(IY ggit6dl amourd of documanlary stamp* ,Jaye aao+ I+1�cuj on dis iasirumont, �iranfea� TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's heirs and assigns, forever. And said corporation hereby covenants with the said Grantee that It is lawfully seized of said land and premises, that the same Is unincumbered, and that It will forever warrant and defend the title to the said lands against all legal claims whatever. IN TESTIMONY WHEREOF, the name of the Grantor Is hereunto affixed by Its President and Its seal Is affixed by Its Secretary, this 12th_ day of 19 Wil. McBride Distributing Co., Inc. (Seal) Neniu of GirporatVorr k_ THIS INSTRUMENT PREPARED BY: RAC By- BV y _ ~ �L1G` C�jr�sVenl ACKNOWLEOG ENT State of Arkansas rrwt: �`!Y s� - ss. County of HashinTton JFK., On this the 12 day of April t9 94 before me, �p°Bhldty "public. qualified and acting, within and for the sold County and State, appeared In person the within named_ 1tob-ert._0. McBride and —..dela Ryan . to me personally known, who slated that they were the President and Secretary of the McBride Distributing Co., Inc, a corporation, and were duly authorized In their respective capacities to execute the foregoing Instrument for and In the name and behalf Of sold corporation, and further stated and acknowledged that they had so signed, executed and delivered said Instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and ol7w,, at eal Is 1. ay of aril My Comm ton pp�� OFOCI,ALIEA G �x [. W.0159ED S. BRONSON, JR. Notary r ubllc - ----__._ NOTARY PUBLIC • ARKANSAS wASlenliTON COUNTY suss ro to wdlren . r.,nn*rrre+ 00.18 ->*oz In "iLED FOR RECORD 01 JUN 29 Ail 8 14 WARRANTYDEED WASHING" UN 00"' (Corporation) 8. STAMPS KNOW ALL MEN BY THESE PRESENTS: That the Walton Arts Center Council, Inc., Grantor, an Arkansas non-profit corporation, by its President and Secretary duly authorized so to act by proper resolution of the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, paid by Board of Trustees of the University of Arkansas and the City of Fayetteville, Arkansas, Grantees, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Grantees, and unto their successors and assigns forever, the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of Block 8 of the original town (now City) of Fayetteville, Arkansas, being more particularly described as follows: Beginning at the Northeast corner of Block 8, thence North 87 degrees 50 minutes West 90.82 feet to the East railroad right of way, thence South 29 degrees 34 minutes West 215.87 feet, thence South 27 degrees 3.4 minutes West 43.4 feet, thence South 22 degrees 28 minutes West 62.9 feet, thence South 18 degrees 24 minutes West 42.4 feet along the East right of way, thence South 88 degrees 57 minutes East 254.70 feet, thence North 325.135 feet to the paint of beginning, containing 1.34 acres, more or less. TO HAVE AND TO HOLD the same unto the said Grantees and unto their successors and assigns forever, with all tenements, appurtenances and hereditaments thereunto belonging. And Grantor hereby covenants with the said Grantees that it will forever warrant and defend the title to said lands against all lawful claims whatsoever. 1 r­vfy ondor oon0ty of ra1so -;,;i7 ;:Int at least the 19Qatly : 'c haunt of document~:; stamps 20010-76325 � ff}} (� ) [ r•..- tared on 11119 trumant. L V U 1 O% b J L J C ^.n: p, Address A C_ 1.0 44a %fi Iir, AR 19101 IN WITNESS WHEREOF; the name of the Grantor is hereunto affixed by its President and Secretary this f-= Wreldentmday of June, 2001. Attest: Secre ry Walton Arts Center Council, Inc. -2- 2001076326 ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss. L SIZE L M i11N .;Ty Arkan W W,wntion G°untY. BI I COUNTY OF WASHINGTON On this JKV, day of June, 2001, be e e a otary Public, duly commissioned, qualified and acting, within and for said County and State, personally appeared and P' /Ylc tYler to me personally well known, who stated that they arc tine President and Sec etary of the Walton Arts Center Council, Inc. and are duly authorized in that capacity to execute the foregoing instrument for and in the same name and on behalf of said Council. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this )19 day of June, 2001. - My Commission Expires: This instrument Dreoared bv: Fred H. Harrison General Counsel University of Arkansas 2404 North University Avenue Little Rock, AR 72207-3608 Notary Public -3- 2001075327 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor and City Council THRU: Don Marr, Chief of Staff CC: Peter Nierengarten, Sustainability Director FROM: Justin Clay, Parking Manager DATE: March 12, 2019 CITY COUNCIL MEMO SUBJECT: Cultural Arts Corridor Parking Deck Site Evaluations Report from Garver Engineering, LLC Enclosed please find the final report prepared by Garver Engineering, LLC (Garver) pursuant to City Council Resolution 276-18 which authorized funding for a preliminary site analysis to determine the most viable locations for new parking structure(s) to replace lost parking resulting from the potential construction of the Civic Plaza portion of the Cultural Arts Corridor. BACKGROUND: Question 8 of the upcoming sales tax bond election scheduled for April 9, 2019, addresses the construction of a Cultural Arts Corridor. One key design element of the Cultural Arts Corridor is the transformation of the West Avenue parking lot into a public Civic Plaza in the heart of the Fayetteville entertainment district. The City is committed to providing parking to support the Walton Arts Center, TheatreSquared, and other downtown establishments while creating a walkable environment for today and into the future. If this question is approved by voters, Mayor Jordan has committed that new parking be in place prior to any Cultural Arts Corridor related construction work on the West Avenue parking lot. City Council further affirmed this commitment on December 18, 2018 by adopting Resolution 250-18, which committed up to $10M from the Cultural Arts Corridor sales tax bond question to replacement parking within reasonable proximity to the Walton Arts Center. To determine the most viable locations for new parking and the number of parking spaces each location is likely to provide, a contract with Garver was approved on December 18, 2018. Their analysis evaluated possible parking configurations, feasible number of spaces, liner space capabilities, and other site details for locations within the Entertainment District. Garver has reviewed the available contour information for each site, determined the buildable area for each site based on boundaries, easements, and building setbacks, and provided a two-dimensional layout of the parking footprint with approximate number of spaces for a typical level. The enclosed report is provided to guide further decision-making on the location(s) for new parking. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: As outlined in the enclosed report, Garver evaluated eight (8) parking scenarios within the Entertainment District and has determined three (3) locations to be the most viable options to replace the West Avenue parking lot spaces. As noted in Section 5.0 on page 18 of the report, the Site Evaluation Matrix shows the three (3) viable locations to be: Option 1 — "Depot Lot — Partial Site" (NW corner of West/Dickson intersection) Option 4 — "East Lot — Partial Site" (NE corner of Spring/School intersection) Option 5 — "Nadine Baum Studios Site" (NW corner of Meadow/West intersection) Each of these options are consistent with Mayor Jordan's commitment to replace parking within reasonable proximity of the Walton Arts Center and each location falls well within the requisite 1,000 feet of the Walton Arts Center's west public entrance. Each option is unique and presents opportunities for various partnerships and development projects to be more fully explored. This report has achieved the objective of determining the viability for constructing parking at various locations. While it is imprudent at this time to commit further resources until Question 8 is decided by the voters, staff does recommend beginning a dialogue with stakeholders associated with each of the viable properties. Notably, alternative locations at Hillcrest Towers and City Parking Lot #55 were also considered but initial evaluations uncovered numerous challenges for the sites which prohibited further consideration. These challenges are noted more fully within Section 4.0 of the report. Additionally, the City also worked with Nabholz, the Construction Manager on the Cultural Arts Corridor Project, to evaluate the feasibility and cost of buried parking under the proposed Civic Plaza at West & Dickson. As outlined in the attached letter and cost estimate from Nabholz, the cost to install 300 below grade parking spaces under the civic space would cost $19.5 — 21.5M (not including design costs). Nabholz noted anticipated rock excavation, the presence of groundwater and underground storm drainage reroutes as issues that would likely contribute to a cost of nearly $70,000 per parking space. For comparison purposes we estimate $28,000 per space to construct above grade replacement structured parking. Recommendation: Due to the high cost of buried parking under the Civic Plaza and the viability of the three above grade parking locations identified in the Garver report, staff recommends continued negotiation and analysis on the three identified sites to determine the most feasible and cost-effective location for replacement parking. Attachments: Cultural Arts Corridor Parking Deck Site Evaluations Report from Garver Fayetteville CAC Civic Space Underground Parking Garage Letter and Estimate Cultural Arts Corridor. F �` Parking Deck Site Evaluations i.i 1 Prepared For: City of Fayetteville, Arkansas March 8, 2019 x 7 "-,"r, GarverUSA.com CITY OF FAYETTEVILLE ARKANSAS AAS Table of Contents Cultural Arts Corridor Parking Deck Site Evaluations Tableof Contents................................................................................................................................................1 Listof Figures......................................................................................................................................................1 Listof Appendices...............................................................................................................................................2 1.0 Background..............................................................................................................................................3 1.1 Prior Studies........................................................................................................................................3 2.0 Introduction..............................................................................................................................................3 2.1 Project Description..............................................................................................................................3 2.2 Desired Objectives..............................................................................................................................3 2.3 Site Evaluation Criteria.......................................................................................................................3 3.0 Site Description Narratives.....................................................................................................................4 3.1 Option 1 — Depot Lot — Partial Site....................................................................................................5 3.2 Option 2 — Depot Lot — Full Site.........................................................................................................7 3.3 Option 3 — East Lot — Full Site...........................................................................................................9 3.4 Option 4 — East Lot — Partial Site.....................................................................................................11 3.5 Option 5 — Nadine Baum Studios Site.............................................................................................13 4.0 Other Sites Evaluated...........................................................................................................................15 4.1 Hillcrest Tower Site...........................................................................................................................15 4.2 City of Fayetteville Lot 55 Site.........................................................................................................16 4.3 Nadine Baum Studios Site Alternate Concept................................................................................17 5.0 Site Evaluation Matrix...........................................................................................................................18 List of Figures Figure1 - Vicinity Map.........................................................................................................................................4 Figure 2 - Option 1 Depot Lot - Partial Site.......................................................................................................5 Figure 3 - Option 2 Depot Lot - Full Site............................................................................................................7 Garver Project No. 19T21000 Page 1 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS Cultural Arts Corridor Parking Deck Site Evaluations Figure 4 - Option 3 East Lot - Full Site...............................................................................................................9 Figure 5 - Option 4 East Lot - Partial Site........................................................................................................11 Figure 6 - Option 5 Nadine Baum Studios Site...............................................................................................13 Figure7 - Hillcrest Tower Site..........................................................................................................................15 Figure 8 - City of Fayetteville Lot 55................................................................................................................16 Figure 9 - Nadine Baum Studios Site Alternate Concept...............................................................................17 List of Appendices Appendix A Drawings: Al and A2 - Option 1 Depot Lot - Partial Site Layout A3 and A4 - Option 2 Depot Lot - Full Site Layout A5 and A6 - Option 3 East Lot - Full Site Layout A7 and A8 - Option 4 East Lot - Partial Site Layout A9 and Al - Option 5 Nadine Baum Studios Site Layout Garver Project No. 19T21000 Page 2 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS 1.0 Background 1.1 Prior Studies Cultural Arts Corridor Parking Deck Site Evaluations The Downtown Master Plan was adopted by the City Council in April 2004 for the Downtown / Dickson Street area. In August 2005 the City and the University of Arkansas hired Martin Alexiou Bryson (MAB) to study parking in the Downtown / Dickson Street area. The study concluded that a 1,200 space parking deck was required based on the assumption that certain planned developments would occur, including the expansion of the Walton Arts Center. Garver completed a parking deck study in November 2012 for a parking deck to serve the Entertainment District / Dickson Street area in conjunction with the Walton Arts Center Expansion. Out of four sites studied by Garver the current Spring Street Parking Deck site was recommended and a 236 -space parking deck was built and was completed in October 2015. Nelson / Nygaard, in 2016 as a part of a comprehensive Mobility Plan, completed a dedicated Parking study of the Entertainment District and Downtown area. The study offered parking management strategies and recommendations through its evaluation of parking utilization, demand for parking, and pricing for on and off-peak times. The study also examined how close certain amenities were to available parking. Nelson / Nygaard also completed the Fayetteville Mobility Study in March 2018. The Mobility Study outlined the long-term strategy for multimodal mobility within the City. 2.0 Introduction 2.1 Project Description This project includes the evaluation of up to five (5) potential sites within the Fayetteville Entertainment District to determine the number of parking spaces that can feasibly be contained in a future parking deck for each site. This report does not include any cost analyses of the potential parking decks. 2.2 Desired Objectives • Provide a net -gain of a minimum of 290 parking spaces. • Parking spaces are located within 1,000 -ft. of the WAC's nearest public entrance. • A parking deck that will meet or exceed City regulations and planning requirements. • Inclusion of Liner buildings. • Potential for additional development. 2.3 Site Evaluation Criteria The following criteria, in no particular order of priority, are used in this report to evaluate each site. Garver Project No. 19T21000 Page 3 CITY OF FAYETTEVILLE ARKANSAS AAS • Deck Total Parking Spaces • Existing Parking Spaces On -Site Lost • Net Gain of Parking Spaces Cultural Arts Corridor Parking Deck Site Evaluations • Number of Parking Deck Levels Required to Meet Objectives • Existing Property Ownership of Site • Total Square Footage Area of Liner Buildings • Walking Distance from Deck Entrance to Nearest WAC Entrance • Parking to Be Located Within 1,000 -ft. Radius of the Nearest WAC Entrance • Existing Structures On -Site Required to Be Demolished or Relocated • Additional Development Potential Remaining on the Site 3.0 Site Description Narratives On January 8, 2019, Garver met with City Staff from Sustainability, Parking, and Facility Management to discuss the locations that would be evaluated for the feasibility of a parking deck. The locations chosen to be evaluated were the East Lot, Depot Lot, the Nadine Baum Studios Site, and the Hillcrest Tower Site. One alternate location was discussed at the City Public Parking Lot 55. In a subsequent meeting on February 7, 2019 with City Staff, Garver presented early concept sketches. After discussion of each site and the alternate site, a joint decision was made to further evaluate the East Lot, Depot Lot and the Nadine Baum Studios Site, including one additional variation for the Depot Lot and East Lot. Ajoint decision was also made to not further evaluate the Hillcrest Tower Site and City Public Parking Lot 55. More discussion on each site is included on the following pages. Figure 1 - Vicinity Map VICINITY MAP LEGEND 0 Depot Lot - Partial 2 ? Depot Lot - Full East Lot - Full East Lot - Partial Nadine Baum 5 Studios 0 Hillcrest Tower Garver Project No. 19T21000 Page 4 City Public 7 Parking Lot 55 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS 3.1 Option 1 - Depot Lot - Partial Site Cultural Arts Corridor Parking Deck Site Evaluations This site is located at the NW corner of the West Avenue and Dickson Street Intersection and is situated on the northern half of the site as shown in Figure 2 below and in full detail in Figures Al - A2 in Appendix A. R . I tiRivl� ~ THRU l DICKSON ST.rnrw C Figure 2 - Option 1 Depot Lot - Partial Site The proposed layout of the parking deck in Option 1 is in a north -side orientation with vehicular entrances from West Avenue at the northeast corner of the deck and from Dickson Street through the existing surface parking lot at the southwest corner of the deck. The eastern and western bay of the parking deck will contain ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast and southeast corners of the deck. A 2- story 3,800 square foot liner building measuring 15 -ft. deep is located along the West Avenue fa4ade of the deck. The liner building is proposed to be an independent structure to the parking deck. To gain additional parking spaces the deck includes an off -shoot flat deck structure in the northwest corner. Access to the existing surface parking spaces northwest of the parking deck is maintained through the ground floor level. Option 1 displaces 105 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 434, to achieve a net gain of 329 parking spaces. Garver Project No. 19T21000 Page 5 IARVER The site is currently used as a parking area for 5� Rendezvous Hookah Lounge, and the Bank of R . I tiRivl� ~ THRU l DICKSON ST.rnrw C Figure 2 - Option 1 Depot Lot - Partial Site The proposed layout of the parking deck in Option 1 is in a north -side orientation with vehicular entrances from West Avenue at the northeast corner of the deck and from Dickson Street through the existing surface parking lot at the southwest corner of the deck. The eastern and western bay of the parking deck will contain ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast and southeast corners of the deck. A 2- story 3,800 square foot liner building measuring 15 -ft. deep is located along the West Avenue fa4ade of the deck. The liner building is proposed to be an independent structure to the parking deck. To gain additional parking spaces the deck includes an off -shoot flat deck structure in the northwest corner. Access to the existing surface parking spaces northwest of the parking deck is maintained through the ground floor level. Option 1 displaces 105 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 434, to achieve a net gain of 329 parking spaces. Garver Project No. 19T21000 Page 5 IARVER The site is currently used as a parking area for Arsaga's Coffee Shop, Chipotle Mexican Grill, the Rendezvous Hookah Lounge, and the Bank of w Fayetteville (Train). The topography of the site slopes gently up from Dickson Street to the north ��_ �• with about 4 -ft. of elevation gain from the + i'P southwest parking deck entrance to the northeast , parking deck entrance. The property is privately owned. R . I tiRivl� ~ THRU l DICKSON ST.rnrw C Figure 2 - Option 1 Depot Lot - Partial Site The proposed layout of the parking deck in Option 1 is in a north -side orientation with vehicular entrances from West Avenue at the northeast corner of the deck and from Dickson Street through the existing surface parking lot at the southwest corner of the deck. The eastern and western bay of the parking deck will contain ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast and southeast corners of the deck. A 2- story 3,800 square foot liner building measuring 15 -ft. deep is located along the West Avenue fa4ade of the deck. The liner building is proposed to be an independent structure to the parking deck. To gain additional parking spaces the deck includes an off -shoot flat deck structure in the northwest corner. Access to the existing surface parking spaces northwest of the parking deck is maintained through the ground floor level. Option 1 displaces 105 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 434, to achieve a net gain of 329 parking spaces. Garver Project No. 19T21000 Page 5 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS Advantages of Option 1: Cultural Arts Corridor Parking Deck Site Evaluations • South end of lot remains open for potential future development. • No existing structures within the footprint of the deck are required to be removed or relocated. • Option 1 is in close proximity walking distance to the west entrance to the WAC. Disadvantages of Option 1: • Existing location of dumpster between existing buildings to the west of the parking deck is blocked by the parking deck and will require relocation to an accessible location. • The property is privately owned. • Number of levels is 4-1/2, which places the top of the deck above existing adjacent structures. • Visibility of Arsaga's Coffee Shop is limited. • Off -shoot parking deck area in the northwest area of the lot has dead-end traffic circulation pattern, decreasing parking efficiency. • Parking for the Bank of Fayetteville (Train) is impacted requiring reconfiguration of the entrance drive. Garver Project No. 19T21000 Page 6 ICARVFR CITY OF FAYETTEVILLE ARKANSAS AAS 3.2 Option 2 - Depot Lot - Full Site Cultural Arts Corridor Parking Deck Site Evaluations This site is located at the NW corner of the West Avenue and Dickson Street Intersection and is situated on the entire site as shown in Figure 3 on the following page and in full detail in Figures A3 - A4 in Appendix A. r DICKSON ST.Fq,.m V_ 4 '`. ; Figure 3 - Option 2 Depot Lot - Full Site The site is currently used as a parking area for Arsaga's Coffee Shop, Chipotle Mexican Grill, the Rendezvous Hookah Lounge, and the Bank of Fayetteville (Train). The topography of the site slopes gently up from Dickson Street to the north with an elevation difference of approximately 6 -ft. from one parking deck entrance to another. The property is privately owned. The proposed layout of the parking deck in Option 2 is in a north -side orientation with vehicular entrances from West Avenue to the northwest ground entrance to the parking deck and from Dickson Street at the southwest corner of the deck. The western bay of the parking deck will follow existing grade and remain flat on the upper levels. The eastern bay of the parking deck will contain a ramp up/down as identified by the U and D arrows. Pedestrian entrances are located on West Avenue at the northeast corner and on Dickson street at the southeast corners of the deck. Pedestrian access to the adjacent commercial businesses is available through the parking deck at ground level. An independent 2 -story 4,580 square foot liner building measuring 15 -ft. deep is located along the northernmost area of the West Avenue fa4ade. The existing on-site train is proposed to be relocated as a liner building to the southernmost area of the West Avenue fa4ade. An independent 2 -story 5,160 square foot prominent liner building is proposed along Dickson Street. Option 2 displaces 113 existing on- site spaces, which requires a 3-1/2 level deck consisting of a total parking space count of 436, to achieve a net gain of 318 parking spaces. Garver Project No. 19T21000 Page 7 ICARVIER CITY OF FAYETTEVILLE ARKANSAS AAS Advantages of Option 2: Cultural Arts Corridor Parking Deck Site Evaluations Deck provides a significant amount of liner building space, including 2 -story retail potential along Dickson Street, that is compatible with surroundings. The large presence of multi -story liner buildings help screen the deck from Dickson Street and West Avenue. Number of levels is 3-1/2, which blends wells with its surroundings. Option 2 is in close proximity walking distance to the west entrance to the WAC. Disadvantages of Option 2: • Existing location of dumpster between existing buildings to the west of parking deck is blocked by the parking deck and will require relocation to an accessible location as shown. • The existing Train Bank will be required to be relocated and the existing drive thru removed. • The property is privately owned. • Visibility of Arsaga's Coffee Shop, Chipotle Mexican Grill, and Rendezvous Hookah Lounge is limited. Garver Project No. 19T21000 Page 8 ICARVFR CITY OF FAYETTEVILLE ARKANSAS AAS 3.3 Option 3 - East Lot - Full Site Cultural Arts Corridor Parking Deck Site Evaluations This site is located at the NE corner of Spring Street and School Avenue Intersection and is situated on the entire site as shown in Figure 4 below and in full detail in Figures A5 - A6 in Appendix A. M r I Figure 4 - Option 3 East Lot - Full Site The site is comprised of a City owned and operated surface parking lot to the north and two privately owned residential structures on the south. The site's topography slopes up quickly from Spring Street to the north until about mid -way through the site and then slopes down gently to the north. This variation in existing topography allows for entrances into multiple levels of the deck. The proposed layout of the deck in Option 3 is in a north -south orientation with vehicular entrances from Spring Street on the south and from School Avenue in the northwest corner of the deck. The deck contains internal ramps on the eastern and western sides as identified by the U and D arrows. Pedestrian entrances are located at the southeast corner of the deck off Spring Street and at the northwest corner off School Avenue. Two independent liner buildings are located adjacent to this parking deck - A 1 -story 15 -ft deep liner building on Spring Street with 1,115 square feet, and a 1 -story 22 -ft. liner on School Avenue with 3,810 square feet. The existing structure at the northeast corner of Spring Street and School Avenue is currently operating as a Bike Shop and functions as a liner building. Option 3 displaces 59 existing on-site spaces, which requires a 3-1/2 level deck consisting of a total parking space count of 390, to achieve a net gain of 331 parking spaces. Garver Project No. 19T21000 Page 9 IARVER I�E � (, � I STORY LINER SPRING ST Figure 4 - Option 3 East Lot - Full Site The site is comprised of a City owned and operated surface parking lot to the north and two privately owned residential structures on the south. The site's topography slopes up quickly from Spring Street to the north until about mid -way through the site and then slopes down gently to the north. This variation in existing topography allows for entrances into multiple levels of the deck. The proposed layout of the deck in Option 3 is in a north -south orientation with vehicular entrances from Spring Street on the south and from School Avenue in the northwest corner of the deck. The deck contains internal ramps on the eastern and western sides as identified by the U and D arrows. Pedestrian entrances are located at the southeast corner of the deck off Spring Street and at the northwest corner off School Avenue. Two independent liner buildings are located adjacent to this parking deck - A 1 -story 15 -ft deep liner building on Spring Street with 1,115 square feet, and a 1 -story 22 -ft. liner on School Avenue with 3,810 square feet. The existing structure at the northeast corner of Spring Street and School Avenue is currently operating as a Bike Shop and functions as a liner building. Option 3 displaces 59 existing on-site spaces, which requires a 3-1/2 level deck consisting of a total parking space count of 390, to achieve a net gain of 331 parking spaces. Garver Project No. 19T21000 Page 9 IARVER CITY OF FAYETTEVILLE ARKANSAS AAS Advantages of Option 3: Cultural Arts Corridor Parking Deck Site Evaluations • Number of levels is 3-1/2, which is compatible with its surroundings along School Avenue. • Liner building space is provided along School Avenue and Spring Street. • Existing bike shop on the corner is retained, which serves as a liner building. • The parking deck takes advantage of the existing East Lot terrain offering entrances onto different levels. Disadvantages of Option 3: • Two existing residential structures on the south end of the site east of the bike shop will be required to be removed. • All of the property is owned by the City except for the residential lots along Spring Street frontage. • Option 3 has the furthest walking distance to the nearest WAC entrance as compared to the other locations. • Residential structures are located along the east side of Shipley Alley. Garver Project No. 19T21000 Page 10 ICARVFR CITY OF FAYETTEVILLE ARKANSAS AAS 3.4 Option 4 - East Lot - Partial Site Cultural Arts Corridor Parking Deck Site Evaluations This site is located at the NE corner of Spring Street and School Avenue and occupies the northern portion of the site as shown in Figure 5 below and in full detail in Figures A7 - A8 in Appendix A. JaML o- b r � b 4 a n a 1 � •aN as j i is r r 1 :a Figure 5 - Option 4 East Lot - Partial Site As with Option 3, the site is currently used as a City owned and operated surface parking lot. The site's topography slopes up quickly from Spring Street to the north until about mid -way through the site and then slopes down gently to the north. This variation in existing topography allows for entrances into multiple levels of the deck. The proposed layout of the deck in Option 4 is in a north -south orientation with vehicular entrances from Shipley Alley on the southeast corner and from School Avenue in the northwest corner of the deck. The deck contains internal ramps on the eastern and western sides as identified by the U and D arrows. Pedestrian entrances are located at the southeast corner of the deck off Shipley Alley and at the northwest corner off School Avenue. One 1 -story 15 -ft deep liner building with 1,115 square feet is located along School Avenue. The existing residential structures and bike shop on the south end of the site would remain as liner buildings, but could also be reconfigured or replaced with new complimentary development on the privately owned property. Option 4 displaces 59 existing on-site spaces, which requires a 4 -level deck consisting of a total parking space count of 389, to achieve a net gain of 330 parking spaces. Garver Project No. 19T21000 Page 11 ICARVIER CITY OF FAYETTEVILLE ARKANSAS AAS Advantages of Option 4: Cultural Arts Corridor Parking Deck Site Evaluations • Existing bike shop on the corner is retained which serves as a liner building. • The parking deck takes advantage of the existing East Lot terrain offering entrances onto different levels. • Two existing residential structures on the south end of the site east of the bike shop remain. • The property is owned by the City. Disadvantages of Option 4: • The parking deck will be 4 levels in order to meet parking space objectives. • Option 4 is the furthest walking distance from the nearest WAC entrance as compared to the other locations. • Residential structures are located along the east of Shipley Alley. • Entrance/Exit on east side is onto one -lane alley. Garver Project No. 19T21000 Page 72 ICARVFR CITY OF FAYETTEVILLE ARKANSAS Cultural Arts Corridor Parking Deck Site Evaluations 3.5 Option 5 - Nadine Baum Studios Site This site is located at the NW corner of the Meadow Street and West Avenue Intersection and is bounded by Spring Street on the north. The parking deck occupies the south end of the site as shown in Figure 6 below and in full detail in Figures A9 - A10 in Appendix A. The site is currently jointly owned by the City and the University of Arkansas. The Walton Arts Center (WAC) operates a Community Creative Center in a portion of the existing 20,000 square foot Baum Studios structure. TheatreSquared occupies the remainder of the existing structure and performs shows in a 175 -seat studio type theater. As of this report TheatreSquared is in the process of constructing a new facility located east across West Avenue at the southeast corner of Spring Street and West Avenue, opening later this year. SPRING STREET•, y Figure 6 - Option 5 Nadine Baum Studios Site R.O.W. 4 PARK? ABOVE rb Garver Project No. 19T21000 Page 73 ICARVIiER CITY OF FAYETTEVILLE ARKANSAS AAS Cultural Arts Corridor Parking Deck Site Evaluations The site's topography variation of 6 to 10 -ft. allows for multi-level entrances from the southwest corner from Meadow Street and the northeast corner from West Avenue. The parking deck is oriented east to west along the southern portion of the site. The deck contains internal ramps on the north and sounds sides as identified by the U and D arrows. Pedestrian entrances are located at the southwest corner of the deck off Meadow Street and at the northeast corner off West Avenue. One independent 1 -story, 15 -ft. deep, 2,790 square foot liner building is located along Meadow Street. A 1 -story, 15 -ft. deep, 1,490 square foot liner building is situated inside the deck and is located along West Avenue. The northern portion of the site remains open for future potential development. Option 5 displaces 22 existing on-site spaces, which requires a 4-1/2 level deck consisting of a total parking space count of 338, to achieve a net gain of 316 parking spaces. Advantages of Option 5: • The parking deck takes advantage of the existing terrain offering entrances onto different levels. • The property is jointly owned by the City and the University of Arkansas. • Liner building space is provided along Meadow Street and West Avenue. • Large potential development site on north end of lot. • Existing on-site loss of parking spaces is minimal. Disadvantages of Option 5: The parking deck will be 4-1/2 levels in order to meet parking space objectives. Removal of the existing 20,000 square foot Baum Studios structure. Non-traditional layout of parking deck levels, decreasing efficiency of traffic circulation. Garver Project No. 19T21000 Page 74 ICARVFR CITY OF FAYETTEVILLE ARKANSAS AAS 4.0 Other Sites Evaluated 4.1 Hillcrest Tower Site Cultural Arts Corridor Parking Deck Site Evaluations The north side of Hillcrest Tower was initially examined as a possible location for a parking deck as shown below in Figure 7 below. Numerous challenges were identified for this site which prohibited further consideration: • Obstruction of views for residents. • Location of the loading area dock on the north side of the tower. Additional vertical clearance would be required to be provided from Meadow Street for large delivery trucks to access the loading dock thru the parking deck. • The recently installed cooling tower equipment for Hillcrest Towers is located adjacent to the loading area in the area labeled "Existing Facilities." All levels of the deck would have to be constructed around the existing cooling tower due to the high cost of relocation of the equipment. • Liner Buildings could not be placed along Meadow Street due to the terrain and the size of the site between the tower and Meadow Street. LOAMN AREA Figure 7 - Hillcrest Tower Site Garver Project No. 19T21000 Page 15 GARNER CITE/ OF FAYETTEVILLE ARKANSAS 4.2 City of Fayetteville Lot 55 Site Cultural Arts Corridor Parking Deck Site Evaluations The existing City of Fayetteville owned Parking Lot No. 55 at the southwest corner of W. Watson Street and Campbell Ave. Intersection adjacent to the Legacy Building was initially evaluated as an alternative location for a parking deck as shown in Figure 8 below. Numerous challenges were identified for this site which prohibited further consideration: • Removal of existing structures on the southwest corner of the site. • Two large trash compactors, located on the northwest corner of the site, would be required to be relocated. These trash compactors serve the Legacy Building and businesses on the north side of Dickson Street from West Avenue to Campbell Avenue. • Liner Buildings could not be placed along W. Watson Street and Campbell Avenue due to the terrain and the size of the site. • The existing traffic circulation from the parking lot in front of the Legacy Building to Campbell and Watson would be interrupted. Figure 8 - City of Fayetteville Lot 55 Garver Project No. 19T21000 Page 16 IARVER CATV OF FAYETTEVILLE ARKANSAS 4.3 Nadine Baum Studios Site Alternate Concept Cultural Arts Corridor Parking Deck Site Evaluations For the Nadine Baum Studios Site an alternate concept was initially evaluated. This alternate would position the parking deck to parallel the Razorback Greenway and provide 2 -story liner buildings along West Avenue and a 1 -story liner along Meadow Street. The total square footage of liner buildings as shown below in Figure 9 is equal to 35,340 S.F., resulting in a Net Gain of 15,340 S.F. after accounting for removal of the existing 20,000 S.F. building. This layout required a 4 -level 362 - space parking deck to offset an on-site loss of 22 spaces, to achieve a net gain of 340 spaces. This layout was superseded with Option 5 due to its more efficient use of space on the site resulting in the large potential development site on the north side of the site. � j� Y " EAD�7W ST, -v. r_ f Figure 9 - Nadine Baum Studios Site Alternate Concept Garver Project No. 19T21000 Page 17 IARVER CITY OF ARKANS EV!ILLE ARKANSAS 5.0 Site Evaluation Matrix Cultural Arts Corridor Parking Deck Site Evaluations The evaluation criteria bring the potential decision-making factors together for a comprehensive comparison and are presented in matrix form below: Site Evaluation Matrix Cultural Arts Corridor Parking Deck Site Selection Study Note: All proposed parking deck options comply with the City's Height and Zoning Regulations for the Downtown Overlay Planning District. Garver Project No. 19T21000 Page 18 .. "Depot"Depot .. .. .. Option Deck Total Spaces: Partial Site" 434 Full Site" 436 Full Site" 390 Partial Site" 389 Studios Site" 338 Existing Spaces On -Site Lost: 105 113 59 59 22 Net Gain of Spaces: 329 318 331 330 316 Number of Levels: 41/2 3 1/2 31/2 4 41/2 Existing Property Owner: Private Private City / Private City City/ U of A Total S.F. of Liner Buildings: 3,800 S.F. 9,740 S.F.+ Train 4'925 + Bike 3,810 S.F. 4,235 S.F. SS.FF. Walking Distance from Deck Entrance to West WAC Entrance: 516 -ft. 441 -ft. 605 -ft. 605 -ft. 700 -ft. Meets the Within 1,000 -ft. Radius of WAC Nearest Entrance Criteria: ✓ ✓ ✓ ✓ V Yes - Relocate Train Yes - Demo 2 Yes- Demo Existing Existing Structures On -Site: (Yes/No) & (Demo or Relocate) No as Liner, Demo Bank Residential Structures No 20,000 SF Structure Drive Thru Additional Development Potential (S.F.) 26,900 S.F. --- --- Possible But Privately 24,250 S.F. Owned Summary: 3 5 4 4 Green - Meets or Exceeds Criteria /Definitive Site Advantage 6 Yellow - Meets Criteria 3 5 Red - Unsatisfactory Condition 4 6 3 3 2 1 1 Preferred Option ✓ ✓ ✓ Note: All proposed parking deck options comply with the City's Height and Zoning Regulations for the Downtown Overlay Planning District. Garver Project No. 19T21000 Page 18 CITY OF ARKANS EVILLE ARKANSAS Cultural Arts Corridor Parking Deck Site Evaluations APPENDIX A Drawings Garver Project No. 197210000 6 Description Total Spaces Level 1 90 Level 2 98 Level 3 98 Level 4 98 Level 5 (Partial) 50 Garage Total 434 Onsite Spaces Lost 105 Net Gain 329 t P f� i 4 � off j r •�� NNE I 1 t .11 (IN FEET) I FIGURE NUMBER OPTION 1 DEPOT LOT -PARTIAL SITE Al LEVEL 1 I I I I I ]( 1 i 1 I I V N V4 a In 1t U 4 19 I it o r o. 1• w LL � m O �{ w I Q'�� r V2 Fri, ROW a �. 2m ,z _ DRIVE- :�. T' THRU I �.•� R - DICKSON ST. 0 -Y 30' 60' (IN FEET) 120' 1 CITY OF FAYETTEVILLE . 2049 E. Joyce Blvd. .• FAYETTEVILLE FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS ' ANKANSAS OPTION 1 Fayetteville, AR 72703 FAYETTEVILLE PARKING DEPOT LOT -PARTIAL SITE A2 (479) 527-9100 DECK SITE SELECTION UPPER LEVELS CITY OF FAYETTEVILLE 2049 E. Joyce Blvd. ,- V FAAVETT EV ILL. KANSAS Suite. 400 FAYETTEVILLE, ARKANSAS LAC FAYETTEVILLE PARKING i DECK SITE SELECTION }� R.O.W. l V A DRIVE �` THRU I !' •�� .. T �•� ' DICKSON ST. 0 30' 60' 120' (IN FEET) I FIGURE NUMBER OPTION 1 DEPOT LOT -PARTIAL SITE Al LEVEL 1 I I I I I ]( 1 i 1 I I V N V4 a In 1t U 4 19 I it o r o. 1• w LL � m O �{ w I Q'�� r V2 Fri, ROW a �. 2m ,z _ DRIVE- :�. T' THRU I �.•� R - DICKSON ST. 0 -Y 30' 60' (IN FEET) 120' 1 CITY OF FAYETTEVILLE . 2049 E. Joyce Blvd. .• FAYETTEVILLE FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS ' ANKANSAS OPTION 1 Fayetteville, AR 72703 FAYETTEVILLE PARKING DEPOT LOT -PARTIAL SITE A2 (479) 527-9100 DECK SITE SELECTION UPPER LEVELS CITY OF FAYETTEVILLE 2049 E. Joyce Blvd. ,- V FAAVETT EV ILL. KANSAS Suite. 400 FAYETTEVILLE, ARKANSAS Fayetteville, AR 72703 (479) 527-9100 FAYETTEVILLE PARKING DECK SITE SELECTION (IN FEET) I FIGURE NUMBER OPTION 1 DEPOT LOT -PARTIAL SITE Al LEVEL 1 I I I I I ]( 1 i 1 I I V N V4 a In 1t U 4 19 I it o r o. 1• w LL � m O �{ w I Q'�� r V2 Fri, ROW a �. 2m ,z _ DRIVE- :�. T' THRU I �.•� R - DICKSON ST. 0 -Y 30' 60' (IN FEET) 120' 1 CITY OF FAYETTEVILLE . 2049 E. Joyce Blvd. .• FAYETTEVILLE FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS ' ANKANSAS OPTION 1 Fayetteville, AR 72703 FAYETTEVILLE PARKING DEPOT LOT -PARTIAL SITE A2 (479) 527-9100 DECK SITE SELECTION UPPER LEVELS ASP' DUMPSTER RELOCATION • I � 1 � a r -- Description Total Spaces Level 1 118 Level 2 127 Level 3 127 Level 4 (Partial) 64 Garage Total 436 Onsite Spaces Lost 113 Net Gain 318 Z � uj r- R.O.W. D u •• d 4 � Q S, ^M 1 2 STORY LINER BLDG t } { 2,580 SQ. FT. PER STORY In - C7DICKSON ST."Ift V_ • 0 30' 60' 120' (IN FEET) CITY OF FAYETTEVILLE 2049 E. Joyce Blvd.�'� FAYETTE ILL FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS ! 5°1 OPTION 2 Fayetteville, AR 72703 FAYETTEVILLE PARKING DEPOT LOT -FULL SITE A3 (479) 527-9100 DECK SITE SELECTION LEVEL 1 J i 4L a DUMPSTER r r RELOCATION V ~' r DICKSON ST.r?,m � C IT 1 1 • � I 1 Ry4 0 30' 60' 120' 4Kia'1 �. - (IN FEET) �1 CITY OF FAYETTEVILLE 1 2049 E. Joyce Blvd. ~' r DICKSON ST.r?,m IT Ry4 0 30' 60' 120' 4Kia'1 �. - (IN FEET) CITY OF FAYETTEVILLE 2049 E. Joyce Blvd. - FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS - OPTION 2 Fayetteville, AR 72703 (479) 527-9100 FAYETTEVILLE PARKING DEPOT LOT -FULL SITE A4 DECK SITE SELECTION UPPER LEVELS a� Description Total Spaces Level 1 92 I1 Leve12 119 .r Level 119 ,•_ " Level 4 (Partial) 60 Garage Total 390 Onsite Spaces Lost 59 Net Gain 331 du19 Ep ILI• a n n.0 a .; r p< , ,�. r��I y ♦ LLI m I p- !�Q A { ��._.. 1cc w.. 1 O' '.'8 r O 2 IF P .1 i d 4 Amft I 1 STORY LINER 4 �• ♦ 1,115 SQ. FT. SPRING ST- 0 30' 60' 120' (IN FEET) CITY OF FAYETTEVILLE 2049 E. Joyce Blvd. .• FAYE'T pE�VILLE FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS ' ARKANSAS OPTION 3 Fayetteville, AR 72703 FAYETTEVILLE PARKING EAST LOT -FULL SITE A5 (479) 527-9100 DECK SITE SELECTION LEVEL 1 a °Q 9 ^ ' p o p � Z m 00 } U) ' D U A i 1 STORY LINER ;J , 1,115 SQ. FT. SPRING ST. • �,, � � `� � .. :* � ,, > - 0 30' 60' 120' J� (IN FEET) CITY OF FAYETTEVILLE 2049 E. Joyce Blvd. �• AgYYETTEVILLE FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS I OPTION 3 Fayetteville, AR 72703 FAYETTEVILLE PARKING EAST LOT -FULL SITE A6 (479) 527-9100 DECK SITE SELECTION UPPER LEVELS d Q _i1t n r •t �330:: 1 I 1 1 "•--�.ai U D f- - i 1 STORY LINER ;J , 1,115 SQ. FT. SPRING ST. • �,, � � `� � .. :* � ,, > - 0 30' 60' 120' J� (IN FEET) CITY OF FAYETTEVILLE 2049 E. Joyce Blvd. �• AgYYETTEVILLE FIGURE NUMBER Suite. 400 FAYETTEVILLE, ARKANSAS I OPTION 3 Fayetteville, AR 72703 FAYETTEVILLE PARKING EAST LOT -FULL SITE A6 (479) 527-9100 DECK SITE SELECTION UPPER LEVELS �gTEGg1iY 1 ' February 7, 2019 Mr. Peter Nierengarten City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Subject: Fayetteville Cultural Arts Corridor Civic Space Underground Parking Garage Study Thank you for the opportunity to provide a rough order of magnitude of this parking option. Nabholz has evaluated the costs that would be incurred to provide an underground parking garage below the proposed civic space at the existing Walton Arts Center parking lot. Pricing has been based on providing a one level, 300 stall, below grade parking garage with the civic space to be constructed atop the parking structure. It is anticipated that an approximate range of $19,500,000 - $21,500,000 can be expected to construct the parking structure. The following items should be noted: 1. No design documents have been provided for this pricing exercise. 2. Pricing does not include design costs. 3. Extensive re-routing of existing storm sewer infrastructure will be required. 4. A previous assessment of the site provided by Garver dated 11/16/2012 has identified the presence of anticipated rock excavation as well as the presence of groundwater. 5. The presence of an existing spring as well as the previously discovered groundwater will require a dewatering pumping system. 6. Rock excavation has been anticipated for roughly 1/3 of the overall excavation due to the findings in the previous Garver site assessment. The amount of rock excavation is based on the limited information provided. A more thorough subsurface investigation would need to be performed to verify the rock excavation needed. 7. This scope of work has been priced as a stand-alone project above and beyond the established pricing for the Civic Space scope of work for the Cultural Arts Corridor. As such, the pricing includes fee, general conditions and general requirements, as well as appropriate contingencies. We greatly appreciate the opportunity to assist in this evaluation and ask that you do not hesitate to contact us should you have any questions or comments. Sincerely, James Monhollon Nabholz Construction Services 1 2 3 4 5 6 7 8 9 Job Phase Cost Opinion PROJECT NAME FCAC Civic Space Parking Garage Study PROJECT LOCATION Fayetteville, AR REVIEW DATE 2/7/2019 ESTIMATED DURATION 11 mo Job Phase Nabholz Description Takeoff Quantity Grand Total 01 03.0010 Building Costs Parking Structure 16,308,232 Parking Structure Allowance 300.00 stll 12,195,197 03.0010 Parking Structure 300.00 stll 12,195,197 31-0000 Earthwork and Site Prep Performance Payment Bond Structured Soil 879.00 cuyd 107,196 Select Fill 9,110.00 cuyd 129,615 16,595,561 Relocate Box Culverts 700.00 Inft 853,664 1,161,689 De -watering Allowance 1.00 Isum 101,627 Estimate Contingency Rock Excavation Allowance 22,223.00 cuyd 2,258,449 5.000 % 31-0000 Earthwork and Site Prep 300.00 stll 3,450,550 01 Building Costs 300.00 stll 15,645,746 02 General Condtitions 01.2410 General Conditions 5.500 % General Conditions 11.00 mnth 662,486 20,156,879 01.2410 General Conditions 300.00 stll 662,486 02 General Condtitions 300.00 stll 662,486 Estimate Totals Description Amount Totals Ho -s Rate Cost of Work 16,308,232 16,308,232 Buildinq Permit NIC Building Permit NIC 16,308,232 General Liability 171,333 Builder's Risk 22,173 Performance Payment Bond 93,823 Insurance & Bonds 287,329 16,595,561 Inflation Contingency 1,161,689 7.000 % Estimate Contingency 887,863 5.000 % Construction Contingency 403,138 2.000 Contingency 2,452,690 19,048,251 Construction Manaqer Fee 1,108,628 5.500 % Contractors Fee 1,108,628 20,156,879 Total 20,156,879 PROJECT CONFIDENTIAL Property of Nabholz Construction Corporation Not for Duplication or Distribution This document includes data that is deemed trade secret or proprietary to Nabholz and prepared in conjunction with the Project. This document is shared with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate, use, or disclose, in whole or in part, to any person, entity, or party outside the Project team without Nabholz' prior written authorization. Rezoning Exhibit (19-6853) 1278 W. Hendrix Site Characteristics Street Frontage ^'105 -feet Land Area —0.51 acres (22,215 square ft) What are the permitted uses? RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Permitted by right UU-08 Single -Family Dwelling UU-08 Single -Family Dwelling Maximum ADU's per Primary Dwelling (SF Home) 1 -Attached and 1 -Detached 1 -Attached & 1 -Detached What are the minimum dimension and area requirements? RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Units Per Acre 4 or less 8 or less Lot Minimum Width One -Family Dwelling 70' feet 50' feet Lot Minimum Width Two -Family Dwelling 80' feet 50' feet Lot Area Minimum One -Family Dwelling 8,000 Square feet 5,000 Square feet Lot Area Minimum Two -Family Dwelling 12,000 Square feet 5,000 Square feet Land Area Per Single -Family Dwelling Unit 8,000 Square feet 5,000 Square feet Land Area PerTwo-Family Dwelling Unit 6,000 Square feet 5,000 Square feet Maximum Building Height 13 Stories 13 Stories What are the possible number of dwellings under by -right uses? RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Primary Dwelling 1 Single-family home 2 Single-family homes Accessory Dwellings (with each lot/SF home) 1 -Attached and 1 -Detached 1 -Attached and 1 -Detached What are the allowed conditional uses? Uses RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Duplex (UU-09 Two-family dwellings) Yes Cluster Housing (UU-44 Cluster Housing Development) Yes What are the possible number of dwellings under conditional uses? Uses I RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Duplex (UU-09 Two-far-nily dwellings) 11 Duplex 2 Duplexes Cluster Housing (UU-44 Cluster Housing Development)* 14 Dwellings 8 Dwelling: i his calculation is a theoretical number of dwellings allowed under zoning. This does not account for tree preservation, parking areas, common open space, and other space limitations. What are the minimum canopy requirements per underlying zoning?* RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Minimum Canopy percentage 25% 20% `Applies to anything other than single-family and duplex development on individual lots. CITY OF FAYETTEVILLE ' ARKANSAS CITY COUNCIL MEMO TO: Mayor; Fayetteville City Council THRU: Susan Norton, Communications & Marketing Director, Interim Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director Chris Brown, City Engineer FROM: Jonathan Curth, Senior Planner Leif Olson, Long -Range Planner DATE: December 10, 2019 SUBJECT: ADM 19-6649: Administrative Item (CITY PLAN 2040): Submitted by the CITY PLANNING DIVISION to amend and update the Comprehensive Land Use Plan, the Future Land Use Map, the Master Street Plan, and the Active Transportation Plan Map. BACKGROUND: On December 31d, 2019, City staff presented the draft comprehensive plan, City Plan 2040, to the City Council. This included City Plan 2040 itself along with drafts of the Master Street Plan, Future Land Use Map alternatives, and Active Transportation Plan. DISCUSSION: Following staff's presentation at the meeting and in the days since, the Council shared several comments, which are summarized as follows: City Plan 2040 o Frame the plan in terms of climate change. o Growth Concept and Infill Development Scoring Maps Incorporate elements of the Growth Concept Map in to the Infill Development Scoring map or provide staff reasoning as to why this is not recommended. Inclusion of additional detail about the individual elements of the Infill Scoring map, possibly as an appendix. ■ Evaluate opportunities to ensure tools are objective in presentation and application. o Inclusion of language and narrative regarding promotion of trailside development and policies and action steps for implementation. o Evaluate development thresholds through the lens of promoting more modest housing. o Inclusion of language and narrative about Fayetteville Public Schools and the impact of school capacity and construction on citywide development. o Inclusion of the City's tree canopy goals. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 o Inclusion of additional language to encourage protection of community character in established neighborhoods. o Incorporate a table illustrating housing cost burden as it relates to different income levels. o Evaluate the Future Land Use Map, annexation policy, and growth management tools in a workshop setting. Master Street Plan o Inclusion of language about above -ground utility screening and/or coherent placement. o Inclusion of language linking the Master Street Plan with the Energy Action Plan regarding vehicle miles travelled. Additionally, Council requested that staff provide a clear delineation of proposed Council actions with staff recommendations, which includes the following: Adopt City Plan 2040 as recommended by staff: o Amending the document to include Planning Commission recommendations o Staff recommends in favor of Planning Commission amendments, excluding the proposal to incorporate elements of the Growth Concept Map in to the Infill Development Scoring Map. o Amending the document to include City Council recommendations as shown on Exhibit 'A' (to be prepared prior to the council meeting). Adopt the Future Land Use Map Alternative #1 as recommended by the Planning Commission with amendments as recommended by City Council shown on Exhibit 'A'. Adopt the Master Street Plan as recommended by staff and the Planning Commission. o Staff recommends adoption of language facilitating development of a parkway street section, but deferment of designating any existing streets as parkways. Adopt the Active Transportation Plan Map as recommended by staff. An `Exhibit A' will be prepared listing the City Council amendments to the text, content, and map(s). The staff recommendation on December 15th will be to approve the Resolution adopting the plan, with revisions shown in 'Exhibit A'. Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Special City Council Meeting Minutes November 14, 2019 Page 1 of 6 Mayor Lioneld Jordan City Attorney Kit Williams City of Fayetteville Arkansas Special City Council Meeting November 14, 2019 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A Special meeting of the Fayetteville City Council was held on November 14, 2019 at 5:00 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, Assistant City Attorney Blake Pennington, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Council Member Petty arrived at 5:01 p.m. Council Member Kinion arrived at 5:04 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Special City Council Meeting Minutes November 14, 2019 Page 2 of 6 New Business• Mayor Jordan: This is the City Council appointment of the City Clerk Treasurer position. The term will end December 31, 2020. The rules of the procedure are: Applicants Draw for Interview Positions. Applicants will draw numbers for interview positions. The applicant drawing position one will stay in the room to be interviewed while the other applicants step out of the room until their number is called. The meeting will not be Livecast during the interview process. No public comment shall be allowed during the interview selection process. Members of the audience will not be allowed to use cell phones or other electronic devices. Please silence all devices. Mayor Jordan: Kit, do you have anything you would like to add? City Attorney Kit Williams: I do not. Those rules are set up to try and make sure no one has any unfair advantages. This is a selection process we have been through before, not exactly like this, but this is to make it as fair as possible to all applicants. Mayor Jordan: The applicants will now draw to see what their interview positions are. City Attorney Kit Williams: After you draw, tell us your name and what number you drew. The Mayor and I talked about him asking a question to each candidate and then each Council Member will ask a question. Kirsten Elliott drew the 3rd interview slot. Kara Paxton drew the 4th interview slot. William Chesser drew the 1 st interview slot. Rob Qualls drew the 2nd interview slot. Mayor Jordan and the eight Council Members each asked William Chesser their questions. Mayor Jordan and the eight Council Members each asked Rob Qualls their questions. Mayor Jordan and the eight Council Members each asked Kirsten Elliott their questions. Mayor Jordan and the eight Council Members each asked Kara Paxton their questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Special City Council Meeting Minutes November 14, 2019 Page 3 of 6 Council Member Petty: How does this position get paid? Is there a salary negotiation or are they paid the statutory rate? Assistant City Attorney Blake Pennington: The City Code provides that the incoming City Clerk will make what the outgoing City Clerk made. It is set, but I don't know the number. I believe it is around $90,000. Council Member Petty: If it's set, then it is a moot point. Council Member Bunch: How do we want to go about this? Mayor Jordan: We can make a motion and a second for someone and then vote or you could do a name call. I am open to the way you want to do this. Council Member Petty: I have a strong preference for the rank choice method that City Attorney Kit Williams outlined at the Agenda Session, rather than the motion and a second. Each Council Member should say their top choice and if no one gets a majority, we should drop off the bottom and do another round. There was a brief discussion of the proposed method. Council Member Petty: After listening to the interviews, my top two choices were Mrs. Paxton and Mr. Qualls. I was struggling to make up my mind, but I am going to vote for Mr. Qualls. He was prepared to talk about improvements that he might make, even as he acknowledged how successful the department was. I appreciated their answers about how they would approach maintaining morale of the staff and respect for the staff we already have, which was my number one criteria. Council Member Kinion: The most surprising to me was Mrs. Paxton. I have seen her and know her work with the Housing Authority. I appreciate her experience. She will fit with the current employees very well. She's had experience with the Hatch Act, which means she is prepared to campaign and keep it professional. She is familiar with FOIA and knows what has to be redacted. She is real big on customer service and sincere. She has a good idea of how to have a relationship with the City Council. She would work with individuals to help them navigate and keep us informed with the information we need. Council Member Marsh: I was impressed with all the candidates. We have a great group to choose from. Mrs. Paxton is my first choice. In addition to the things Council Member Kinion stated, she has extensive experience at the Social Security Administration and Fayetteville Housing Authority. I was impressed how she said when the answer is no, you still show people a pathway to yes. I like how she acknowledged the importance of work -life balance, which is something we need to do a better job of at the city. That healthy attitude in that position will be a benefit to us all. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Special City Council Meeting Minutes November 14, 2019 Page 4 of 6 Council Member Gutierrez: I want to reiterate Council Members Kinion and Marsh's comments. I like Mrs. Paxton's work -life balance comment and knowing her team has a life outside of work and is considerate of their lives. That struck me as a good fit for the office. I felt like she has the heart for service we are looking for to fit the City Clerk role. She is my first -choice candidate. Council Member Kinion: Mrs. Paxton said she needed to prepare staff if someone was assigned to do something, but had a family emergency, so there's always someone prepared to take the role. That is critical because it's not that large of a staff and there is a lot of work to be done. Council Member Bunch: I have worked with William Chesser on the Planning Commission. I know his dedication of doing things the right way and serving our city. I like his experience with computers and possibly updating our systems a bit and he wants to learn. I liked his idea about including some of our documents and applications into other languages, especially in Spanish. I liked his comments about management style and knowing his most valuable asset is his people. I liked Mrs. Paxton. She focused on good customer service, retention of data, has good experience with FOIA, and her demeanor. She seems like a nice person and that is important to have in this job. When she talked about the work -life balance, that struck a chord with me. Having someone trained to fill in is one of the best things that Sondra Smith did and she left us with a very well qualified staff. Even though I know William and trust him on a lot of things, I am leaning towards Mrs. Paxton. Council Member Smith: My preference is for Rob Qualls. We have four well prepared and excellent candidates. As we look at a position that interfaces with so much of the city, he's the best prepared through experience with multiple facets of the city through different committee involvements. He takes his own initiative to be involved in issues and know about the operations of the city. He spoke about some of our contracts for software services that we may not be fully utilizing. He has done his homework and that impressed me. If I were picking somebody that I think played the heartstrings of our community, as far as transparency, access, and enhancing participation, those are the right priorities I would be looking for. The thing that made him stand out to me was that it wasn't all about relationships in serving us and the government operations, but helping engage citizens and get them what they need. Council Member Scroggin: I know Mr. Qualls outside of here and coming in based on what I have seen, I would have easily picked Mr. Qualls. Seeing what Mrs. Paxton offers, I am now stuck between the two. If there was somebody that was angry, I don't think they could be angry at her. She would help and not let someone leave empty handed. The fact that she knows about campaigning rules is important. Council Member Turk: All the candidates were well qualified, but Rob and Kara stood out. Mr. Qualls talked about technology innovation. I liked the idea of using software we already have. Mrs. Paxton talked about her familiarity with FOIA, redaction, and work -life balance. I am on the fence with those two and it is a difficult choice. Council Member Petty: Although the City Clerk is an elected position, it should not be a political position like City Council positions are. I was curious to hear what the goals or ambitions of each 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Special City Council Meeting Minutes November 14, 2019 Page 5 of 6 of the candidates were with respect to the office. It is hard to come up with goals and ambitions when you are trying to not be political. I was impressed that Rob had already done enough research to know about some of our software contracts. He also mentioned we might want to look at the way some of our committees are made up and how it affects our ability to recruit and govern. If there is any policy we have at the city that is appropriate for the City Clerk to be proactive about, it is committee makeup and the way committees are managed. That is an astute thing for any of the candidates to have brought up and I weighted that highly. Council Member Gutierrez: I appreciate Kara's military service and government related job she has had. The technical part will come that she can offer. She has a Master's Degree in relation to Information Systems. I like that she wants to provide excellent customer service and promote a positive work environment. She has been consistent with her message. Council Member Kinion spoke about Mrs. Paxton's typing abilities. Council Member Marsh: Mrs. Paxton has her Bachelor's Degree in Computer and Information Technology and her Master's in Information Systems Management. She had management experience with over 10 employees. Rob said he managed two employees. He had been involved in a lot of hiring and other things which is of great value. With Mrs. Paxton's education and experience that pushes her over the top. Council Member Bunch: She said she had been lead on a claims team for Social Security, which I'm sure that is detailed oriented. Council Member Scroggin: I think I am swayed to Mrs. Paxton. If there were fundamental changes needed, I would probably be for Mr. Qualls. We already have a great staff and that doesn't need to be manipulated. Mrs. Paxton would fit in and keep the synergy that is already there. I don't think we need fundamental changes. Council Member Bunch: I am going to reiterate my support for Mrs. Paxton. I brought forward Mr. Chesser's name, but I was the only person to do that. Mayor Jordan spoke about taking a vote. Upon roll call the vote was 6-2 for the appointment of City Clerk Treasurer. Council Members Scroggin, Bunch, Turk, Gutierrez, Marsh, and Kinion voting Kara Paxton. Council Members Smith and Petty voting for Rob Qualls. Mayor Jordan: Thank you to everyone that applied for the position. We had some excellent applicants. It was good to hear people talk about being willing to serve the city and take it to the next level. It wasn't an easy decision. The Council has decided upon Kara Paxton. Will you be ready to start by December 2, 2019? Kara Paxton: Yes, sir. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Special City Council Meeting Minutes November 14, 2019 Page 6 of 6 Announcements: None Adiournment: 6:51 p.m. Lioneld Jordan, Mayor Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward l Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City of Fayetteville Arkansas City Council Meeting November 19, 2019 City Council Meeting Minutes November 19, 2019 Page 1 of 22 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 19, 2019 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the October 15, 2019 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 2 of 22 Selective Traffic Enforcement Project Grant Award: A resolution to authorize acceptance of a 2020 Selective Traffic Enforcement Program grant in the amount of $90,700.00, and to approve a budget adjustment. Resolution 251-19 as recorded in the office of'the City Clerk 2019 Bulletproof Vest Partnership (BVP) Grant: A resolution to authorize acceptance of a matching grant award from the 2019 Bulletproof Vest Partnership Program in the amount of $30,205.89 for the replacement of body armor vests for Fayetteville Police Officers, and to approve a budget adjustment. Resolution 252-19 as recorded in the office of the City Clerk Amend Resolution 68-18: A resolution to amend Resolution 68-18 to allow the city to utilize pricing presented in the existing contract with EcosConnect, LLC on an as needed basis and not on a total annual cost. Resolution 253-19 as recorded in the office of the City Clerk Public Access Television Fee Revenue: A resolution to approve a budget adjustment in the amount of $5,800.00 recognizing public access television fee revenue to be used for minor equipment. Resolution 254-19 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 19-6716 (East of 3638 N. Front St./Trails at Mud Creek): An ordinance to rezone that property described in rezoning petition RZN 19-6716 for approximately 10.43 acres located east of 3638 North Front Street from C-2, Thoroughfare Commercial and I-1, Heavy Commercial & Light Industrial to CS, Community Services, subject to the Bill of Assurance. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. At the September 17, 2019 City Council meeting this ordinance was tabled to the November 19, 2019 City Council meeting. Garner Stoll, Director of Development Services stated the applicant had requested for the item to be withdrawn. Hugh Jarratt, Applicant's representative stated he has met with the neighbors. He stated they have gotten closer to a site plan that is agreeable, but needs more time to work on the item. Council Member Scroggin: Do you want to table indefinitely? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 3 of 22 Hugh Jarratt: Table indefinitely or whatever is the most convenient. Council Member Scroggin: Is that going to force him to have to go through the Planning Commission again? City Attorney Kit Williams: Once it has been removed, then it would be totally gone. If you wanted to bring one back, then it would have to go all the way through the process again. Council Member Scroggin: You are okay with that? Hugh Jarratt: Yes. There was a brief discussion about what tabling indefinitely means. City Attorney Kit Williams: Once December 31St comes around, anything that has been tabled indefinitely is canceled. Mayor Jordan: The applicant can reapply. Council Member Scroggin moved to table the ordinance indefinitely. Council Member Turk seconded the motion. Upon roll the motion passed unanimously. This item was Tabled Indefinitely. Amend §114.02 Farmer's Market (B) Expanded Saturday Use of the Square: An ordinance to amend § 114.02 Farmer's Market (B) Expanded Saturday Use of the Square to close Center Street to vehicular traffic. At the September 17, 2019 City Council meeting this ordinance was tabled to the November 19, 2019 City Council meeting. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services stated he had nothing more to add. Chuck Rutherford, Chair of the Farmer's Market: The Board of Directors approved closing Center Street to the traffic. The members voted in favor of closing Center Street. Council Member Petty spoke about his appreciation for everyone who worked on the ordinance. He spoke about how great it will be for everybody who uses the Fayetteville square. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 4 of 22 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6258 as Recorded in the office of the City Clerk Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone Ila Street: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to expand residential -only parking in the north zone of the Entertainment District Parking Zone. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading and tabled to the October 1, 2019 City Council meeting. At the October 1, 2019 City Council meeting this ordinance was tabled to the November 5, 2019 City Council meeting and referred to the Ordinance Review Committee. At the November 5, 2019 City Council Meeting this ordinance was tabled to the November 19, 2019 City Council Meeting. City Attorney Kit Williams: There have been numerous meetings of the Ordinance Review Committee. The City Council is ready to approve an amended version that was discussed at Agenda Session. There are two Exhibits. We need to change the current ordinance that was originally brought by Council Member Kinion to the longer ones that has the Exhibits. There was a brief clarification about the amendment. City Attorney Kit Williams read the proposed amended ordinance. Council Member Petty requested clarification about the proposed amendment and Exhibits. City Attorney Kit Williams: We can talk about the ordinance first and then we will get to the Exhibits after the ordinance has been amended. Council Member Petty: The exhibits aren't relative to the motion? City Attorney Kit Williams: Not to this motion. Council Member Petty: We will have to do a second amendment to pick an Exhibit? City Attorney Kit Williams: Yes. There will be a second amendment to adopt the Exhibit. Council Member Turk: The amendment is to take it out of the Entertainment District and place it in the South Wilson Parking District? City Attorney Kit Williams: The first proposal by Council Member Kinion was to extend the north zone of the Entertainment District. This amendment removes Ila Street from the north zone of the Entertainment District. It will create a new district called, Wilson Park South Neighborhood 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 5 of 22 District. After you do that, then you have to decide which one of the two Exhibits you like. Once you decide on an Exhibit, then you will vote on the ordinance as a whole. Council Member Kinion: This was developed and presented because of a lot of neighbors and administration working together. It seems to be almost universally acceptable to the neighbors. I commend the neighbors, Ordinance Review Committee, and Parking Department for working together. Justin Clay, Parking Manager gave a brief description of the proposed amended ordinance. Council Member Kinion moved to amend the ordinance that was published and passed out at the Agenda Session. Council Member Gutierrez seconded the motion. Upon roll the motion passed unanimously. City Attorney Kit Williams stated there are two possible Exhibits. He stated one is an Ordinance Review Committee recommendation and the other is specific rates and hours. He stated the only change is in paragraph F. He read both Paragraph F's for Council to vote on. He stated he had initially recommended specific rates and hours. He stated there is another alternative if Council likes. He stated he yields to the City Council to determine which one they want. Council Member Petty stated the version that is titled Ordinance Review Committee recommendation is truer to the discussion had at the Ordinance Review meeting. He stated the neighbors wanted the public spaces to be priced so there was a disincentive for members of the public to park there. He stated the committee discussed the best way for doing that was to make sure the public pricing was higher than the public pricing we charge in the Entertainment District. He stated the version of the Exhibit entitled specific rates and hours doesn't do that. He stated they heard that none of them were certain that the first attempt to set a rate would be the correct rate and anticipated a rate adjustment might be necessary. He stated it may be challenging to adjust the rate even if it was called for due to the political process. He stated this will set specific parameters that would have to be followed. City Attorney Kit Williams: Any Council Member can make a motion to accept the Exhibit 1 of their choice. Council Member Smith: This is a better representation of the Ordinance Review discussion that we had. Since Council Member Kinion was the original sponsor of this, I am hoping you will share your thoughts on the two choices. Council Member Kinion: From the meetings I attended, what Council Member Petty read is more representative of what was discussed at the meeting. We can adjust the rates without having to go through the complete political process. These rates establish a baseline. Council Member Turk stated her appreciation to everyone who worked on the ordinance. She stated what Council Member Petty put together is complicated. She recommended setting the rate at $2.00 an hour, which would simplify the process and then revisit the subject in a year. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 6 of 22 Council Member Bunch: If we vote on this tonight, how long does it take to put it into effect? Justin Clay: The ordinance will take effect in 31 days from passage. There would be some administrative necessities. We could have something up and running after the first of the year. City Attorney Kit Williams: You think you can get all the residential permits delivered in 31 days? Justin Clay: Yes. We have been presumptive and included some orders for additional permits should that be needed. Council Member Bunch: I was thinking it would take a couple of months with the holidays. Council Member Smith: Justin, after reading through this, do you have any concerns administering this through your office resources? Justin Clay: No concerns. This is something we can manage. We will be collecting utilization data anyway. These criteria are very doable. Council Member Smith: We would be looking at a periodic annual review in August? Justin Clay: Probably. That would make sense. Council Member Petty: I feel strongly about the Exhibit titled Ordinance Review Committee recommendation. It is reflective of what we heard the public wanted most and the feedback we had at the Ordinance Review Committee. I appreciate that it's more complicated than setting the rate. If the proposal is to set the rate high at the beginning to $2.00 an hour and then take another look at it next year, that's precisely what is proposed in the Ordinance Review Committee recommendation. We chose August to make the first adjustment because we would have a full semesters worth of data. It puts a deadline on making sure the first-rate adjustment happens before students return and rush week begins. This is very practical. Council Member Turk: What is ideal utilization? Justin Clay: For on -street spaces, the nationwide standard is 80%. We would apply something very similar. City Attorney Kit Williams: Even if you want to use this algorithm to adjust the rate in the future, it would be appropriate for the City Council to set the rate tonight to where it's going to start and the hours you are interested in. The Parking staff can then look at how it's being used and adjust it. Choose some rate between $1.00 and $2.00. Council Member Petty: I prefer the Parking Division to choose the rate. Justin Clay: Our first inclination was 8:00 am to 2:00 am pricing of $1.00 an hour. In this case at least until probably 6:00 pm. It would ensure the rate would be higher than the Entertainment 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 7 of 22 District from 8:00 am to 6:00 pm. For the remaining time, 6:00 pm to 2:00 am it could be somewhere between $1.00 and $2.00. I don't know that we would want to go all the way to $2.00 right off the bat. Maybe do a $1.50 to split the difference. Council Member Petty: You are suggesting we set the initial hourly rate in the ordinance? City Attorney Kit Williams: It would just replace Number 1, which says it will be set by the Parking Division and shall not exceed $2.00. If Council would set a rate and the hours, then after that everything else remains the same and adjust as we go along to get the ideal parking rate. Council Member Petty: Did you have a price change at 6:00 pm? Justin Clay: Yes. Council Member Petty: That is based on the utilization studies you have conducted? Justin Clay: Yes. The peak occurs in the evening one day a week. On all other dates and times, it's more heavily utilized from morning to midday. To ensure overnight parking is available for residents, it could be justified to have the higher price in the evening. It has to be higher than the Entertainment District and it is a $1.00 an hour there. Council Member Petty: If you had to choose an ideal utilization rate to codify, would it be 75% or 80%? Justin Clay: 80% is the national standard and we are justified in using that number. However, if we want to have something lesser for safety sake, I am comfortable with 75%. Council Member Petty: What would a proper motion be to amend to this version with your suggested inclusions? City Attorney Kit Williams: It would be to amend the Ordinance Review Committee recommendation shown in Exhibit 1 by amending subsection F (1), which says the initial parking rate and hour shall be set. There was a brief discussion about the hourly rate, time, and utilization rate. Council Member Petty spoke about the rate shift changing at 6:00 pm. Council Member Turk: From 2:00 am to 8:00 am, there will be no charge? It was determined there would be no charge during these hours. Council Member Turk: I don't know that I would support that. Susan Norton, Communications and Marketing Director: I believe that is true of all our parking. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 8 of 22 Justin Clay: The pricing ends at 2:00 am in the Entertainment District. Council Member Smith: I support the amendment, but I question the rate shift of 6:00 pm. I would suggest 4:00 pm or 5:00 pm. People will be coming home from work and not be able to find a spot to park. It is appropriate to use parking in this area during the day when there is fewer people home and more people in class. It might be useful to set the time in a way that it incentivizes students to get their cars out before the residents come home from work. Council Member Kinion requested for the rate shift to be 4:00 pm instead of 6:00 pm. Council Member Marsh: I am starting to get some concerns about us setting this policy. The thing I liked about the un -amended Exhibit was it empowered staff to make data driven decisions about how to manage this, rather than us making political decisions. Council Member Smith: In Section C, they have the opportunity to make rate and hour adjustments later. Barbara Dillon, 126 Ila Street spoke about being in favor of a lower utilization rate. Allison Thoma, 414 Ila Street thanked the committee for their work. She spoke about wanting a lower utilization rate. She spoke about algorithm pricing concerns. She requested a cap at the utilization rate so it doesn't go below the rate of the Entertainment District. City Attorney Kit Williams: It is already there in Subsection (f) that the rate shall not be adjusted below the rates established within the Entertainment District. Council Member Petty: The way the utilization rate is set or its intention is to determine how many spaces should be generally empty and available for residents or the public to use during peak hours. We wrote the ordinance to set the rate according to peak usage, not according to the usage every hour or every day. 75% is when there are ten publicly available spaces on your block and doesn't refer to the residential reserve spaces. The mixed-use spaces, if there are ten on your block, you would expect even during peak hours on peak days between two to three are still available to park in. Justin, refresh us on what we saw in terms of peak hour utilization and appropriate utilization rates. Justin Clay: Utilization was over 80% on the next block of Ila, which is the block between Vandeventer and Shady, as well as the whole of Vandeventer that's around 100%. It was 80% on the western half of Louise. Those blocks exceeded the utilization rate we are talking about. Looking at the neighborhood as a whole, it averaged around 68%, taking into account all the spaces that were unregulated and available to the public. I suspect the rate will go up if we are only looking at mixed-use spaces. The supply will be much less. Utilization generally for a residential neighborhood like this, it's justifiable to have a lower than acceptable utilization rate. Council Member Petty: If there is a better utilization rate that is more in favor, I am open to it. We are chartering a new territory. I express a caution in reducing it too far. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 9 of 22 Council Member Marsh: It's important we are not just disincentivizing people to park there to protect the integrity of the neighborhood. This is a public resource and we have a responsibility to ensure the optimize use of it, as we do with tax dollars or public lands. We have got the alternating sides of residential reserve parking. Through that program we are doing a great job providing parking for the neighborhood, which was a primary goal of this. When we recognize maybe 50% of this is going to be mixed-use, that higher utilization rate is appropriate. 75% is a little bit low when best practices are 80%, but I'm willing to support that as a starting point. Council Member Scroggin: I think the utilization is going to go down. I am okay with the 75% and I don't think we will get it except at those peak points. Council Member Kinion will propose a new ordinance if this doesn't work. This has taken a little bit of time, but this is how government should work in getting something good. Council Member Kinion: We should go ahead and support this amended Exhibit. It is a compromise and 75% is good. We can come back and change this if there is a problem. This is a unique situation and will take some time to figure it out. This is good for visitors, neighbors, and the public in general. Council Member Turk: We are very close to getting there. Council Member Petty, why did you choose August as the time period to adjust the rate? I have some concerns about the time because of rush, student population increases or big changes that could influence the distribution of parking places. Council Member Petty: That is when changes are already taking place in the district and it seemed like the natural time for a rate adjustment to take effect. I envisioned we would have useful data coming from graduation activities in May and how those had impacted the area. I expect come August, we would be looking at how the adjustment had been impacted by the major activities of surrounding rush week and the activities that follow. You could make a pro/con list for almost any month out of the year. Council Member Turk: Would you be open to making the rate adjustment in September, rather than August? Council Member Petty: I am open to it. I would like Justin Clay and Council Member Kinion's opinion. Justin Clay: Any time frame is workable for us. There are events taking place year-round that affect utilization and create peak utilizations at different points. We will have enough benchmarks between now and the first two weeks of August to determine the peak utilization. Council Member Kinion: I like it the way it is. If we are going to do utilization, it's months of data. This is near perfect. Council Member Smith thanked the neighbors for all the hours they helped with their input. He thanked the Ordinance Review Committee for their innovation and ways to strike a balance. He stated this will be a usable tool in the future. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 10 of 22 Council Member Bunch spoke about the ability to tweak the ordinance in the future if needed. Council Member Petty moved to amend the ordinance to 8:00 am until 4:00 pm at $1.00 per hour and 4:00 pm until 2:00 am at $1.50 per hour. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan: Now we have the amended Exhibit 1 from the Ordinance Review Committee recommendation. Correct? City Attorney Kit Williams: That is correct. Council Member Smith moved to amend the ordinance to accept Exhibit 1 from the Ordinance Review Committee. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Petty spoke about the ordinance being an extended process. He thanked Council Member Kinion, Ordinance Review Committee, Justin Clay, and the neighbors for all their work on the ordinance. Mayor Jordan thanked the City Council and staff. He stated Justin Clay and Peter Nierengarten did many hours of work on this. He thanked Council Member Kinion and the neighborhood. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6259 as Recorded in the office of the City Clerk New Business: JCI Industries, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $19,874.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the repair of a submersible pump for the Gregg Avenue Lift Station, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the Water & Sewer Committee recommend unanimously to forward it to Council for approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 19, 2019 Page 11 of 22 Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6260 as Recorded in the office of the City Clerk Olsson, Inc.: A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $771,217.40.00 for the design of multi -modal improvements to the Porter Road, Deane Street, Sycamore Street, and Poplar Street Corridor, and to approve a budget adjustment. Matt Mihalevich, Trails Coordinator gave a brief description of the resolution. Mayor Jordan: This is part of our bond? Matt Mihalevich: Yes. Council Member Smith: This is still in the design phase and the exact placement isn't entirely done until we get through those design charrettes? Matt Mihalevich: Correct. Mayor Jordan: Good project. Council Member Petty moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 255-19 as recorded in the office of the City Clerk Walton Family Foundation Grant Acceptance: A resolution to thank the Walton Family Foundation, to authorize Mayor Jordan to accept a grant from the Walton Family Foundation in the amount of $410,000.00 to fund the design of bicycle and pedestrian improvements along Porter Road, Deane Street, Sycamore Street and Poplar Street to create the Midtown Trail, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 19, 2019 Page 12 of 22 Matt Mihalevich, Trails Coordinator gave a brief description of the resolution. Mayor Jordan: Thank you to the Walton Family Foundation for continuing to invest in this city. They have been tremendous partners for us. Council Member Smith moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 256-19 as recorded in the office of the City Clerk RZN 19-6853 (1278 W. Hendrix St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 19-6853 for approximately 0.51 acres located at 1278 West Hendrix Street from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Bill Fugitt, Applicant stated he was available for questions. Council Member Scroggin: I received several emails about this. People are concerned that using a cluster pattern could go up to eight houses. How viable is that? Garner Stoll: RSF-8 is a district that allows cluster housing under the cluster housing ordinance, but only as a conditional use. The multi -family districts allow it as a permitted use. To exercise that density, they would have to seek a conditional use permit. Council Member Turk: Remind us what kind of mistake was made on Hendrix Street in the past. Was it the unit right next door to this to the west of it? Garner Stoll: Yes. An identical half acre size lot was incorrectly mapped when the digital zoning map was created in the early years. It wasn't discovered until an investment had been made. Council ended up rezoning it. Mayor Jordan: Not all the Council. Council Member Turk: Were there promises made at that time to the neighborhood? Any apologies or remediation made because of that mapping mistake? Garner Stoll: The Council said they wanted to respect the existing neighborhood. I don't think there were promises made that you couldn't seek another single-family district. RSF-8 is a single- family district. It is not the density of RI -12. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 13 of 22 Council Member Turk: Having RI -12 right next-door impacts that. Jared Layne, 1247 South Maxwell Drive stated he has lived there for 24 years and there had been promises. He spoke about streets in the area not being wide. He spoke in opposition of the ordinance. Garner Stoll spoke briefly about the amount of homes that could possibly be built, variances from the Planning Commission, infrastructure, cost, and conditional use process. Joyce Richards, 1673 North Stephens spoke about infrastructure, flooding, and tree preservation. She spoke in opposition of the ordinance. Council Member Kinion stated it's one of the sweetest neighborhoods left in this area of the city. He stated it preserves a heritage of what a neighborhood was and what it can be. He stated they have to be careful with overfill. He spoke about the water issues in the area and infrastructure. He stated there is a value in looking at preserving the nature of the neighborhood. He requested to go on a City Council tour. Council Member Marsh: We are supposed to be making appropriate infill our highest priority. We have a lot of people moving in. We have a mismatch between the type of houses we have and the demographics of our households. We are needing smaller infill households. The lot is within walking distance of amenities, employers, and transit lines. The scale proposed is appropriate and it can play well with the rest of the neighborhood. I am going to support this. Council Member Scroggin stated he agreed with most of what Council Member Marsh said. He stated he drove through the neighborhood and believes it's an appropriate place for a slight increase in density. He stated as houses age out and get replaced by single houses, they don't fit the character and so the character issue is already happening. He stated it is a perfect place for increased density. He spoke about the walkability of the area to amenities. Council Member Turk: This is one of those great neighborhoods close to the university. We are slowly destroying the integrity and personality of the neighborhood. That neighborhood has suffered from the large development behind Harps. It has increased traffic and changed the whole area a lot. We are compounding the original mistake from the mapping error. The RI unit next door is justifying this RSF-8 and I am not going to be in support of this at all. We need to maintain the quality and character of the neighborhood. If we continue down this path, every neighborhood around the university is going to have tiny houses on it. We need diverse neighborhoods and allow old neighborhoods to stay the way they are. New neighborhoods can sprout up with infill and tiny houses on tiny lots that people can purchase if they choose too. Council Member Smith: The only constant we are ever going to have in a university town is change. The harder we work to make an entire neighborhood contained under a glass dome so that it can't change, the less healthy it will be in the long run and the more likely it is to be bought up in entire blocks by a single developer who turns it into a huge apartment complex. This is an opportunity for an incremental change. The existing services in the area fits with the need for infill. I don't see this as being out of character with the neighborhood, which is already a lot of small 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 14 of 22 houses. The problem I have is there are some huge trees here. This is going to be one of those cases where our tree preservation and stormwater controls not addressing single-family neighborhoods is going to hurt. I would like to tour this. Council Member Bunch spoke about the map of the area. She stated there are a lot of the same property owners in the area. She stated it only takes one property owner to sell three or four houses on a block and they are going to want to possibly put in a big apartment complex. She stated this proposed rezoning might not be perfect, but maybe it's a better solution to have things done a little bit here and there. She spoke about her drainage and tree concerns in the area. She spoke about taking a tour of the property. Council Member Scroggin: We should go look at this. Are there any projections about the trees in RSF-4? Garner Stoll: No. If they choose to go to the cluster housing ordinance, that takes them under the small-scale development since it's under an acre, which would bring in storm drainage and tree preservation. There is no guarantee which trees are going to be preserved. They would have to meet the minimum percentage. Council Member Scroggin: There's no tree and drainage protection right now? Garner Stoll: No. Council Member Scroggin: We have got to get protections on single-family. If the character of a neighborhood is trees, I don't feel we are voting on that now. If we were going to RMF -24, then all the trees would go other than the ones they replant. Trees are unfortunately not part of this conversation, even though I would like for them to be in the future. Council Member Marsh: Changing the zoning to the proposed zoning gives us no more or less tree or flood protection. Mayor Jordan: I have a history with this area. I want to have more time to study it. I know what I promised that neighborhood at the time. This Ordinance was left on the First Reading 2020 Washington County for Jail Services Fee Agreement: A resolution to approve the Per Capita Jail Fee Agreement with Washington County for jail services in 2020 in the amount of $222,950.07. Mike Reynolds, Chief of Police gave a brief description of the resolution. Council Member Smith: How often is the per capita rate reevaluated? Is it annually? Mike Reynolds: Correct. I believe the date is every October. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 15 of 22 City Attorney Kit Williams: Thank you to our Police Department for their hard work over the last several years to reduce the number of arrestees we have. It is a continuing operation and they have done a very good job. I hope you will continue to do that and set the example for the rest of the county. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 257-19 as recorded in the office of the City Clerk RFQ 19-01 Brinkley Sargent Wiginton Architects — Bond Project: A resolution to approve a professional architectural services agreement with Brinkley Sargent Wiginton Architects, Inc., pursuant to RFQ #19-01, in an amount not to exceed $2,948,650.00 for architectural services for a new Fayetteville Police Department Headquarters and Support Facility, to approve a project contingency in the amount of $300,000.00, and to approve a budget adjustment. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the resolution. Mayor Jordan spoke about this being a part of the bond projects. He thanked everyone for their work. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 258-19 as recorded in the office of the City Clerk Miller Boskus Lack Architects, P.A. - Bond Project: A resolution to approve a professional architectural services agreement with Miller Boskus Lack Architects, P.A., pursuant to RFQ #19- 01, in the amount not to exceed $660,735.00 for architectural services for up to three new fire stations, to approve a project contingency in the amount of $80,000.00, and to approve a budget adjustment. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the resolution. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 259-19 as recorded in the office of the City Clerk Flood Insurance Rate Map Revisions (College Branch): An ordinance pursuant to §168.10 Provision for Flood Hazard Reduction of the Unified Development Code to approve Flood Insurance Rate Map revisions for property located near West Martin Luther King Boulevard and South Stadium Drive (College Branch). 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 16 of 22 City Attorney Kit Williams read the ordinance. Alan Pugh, Engineer gave a brief description of the ordinance. He stated staff is in support of the ordinance. Council Member Turk: FEMA has not reviewed this. How long would it take for FEMA to review this? Alan Pugh: We are currently amid a Washington County wide update. I have heard we may have preliminary maps to review from FEMA by the end of the year. The full adoption process, even after we have the preliminary maps is probably another six to eight months out. That is a general time frame. If you go in with an individual request to FEMA, it's probably similar from nine months to about a year to revise certain portions of mapping. Our ordinance in this case does not require an applicant to do that. We have found the proposal is in keeping with what we have seen from preliminary draft maps from FEMA for this area. Council Member Turk: Is it the usual case that FEMA will line up with an applicant's independent study or have you experienced wide discrepancies in that? Alan Pugh: In this instance, the applicant hired the same contractor that was FEMA's contractor to perform their analysis. The two match up very closely. I have seen FEMA yield to letters of map revision provided by individual applicants. I have seen them override those. It is on a case by case basis. Council Member Turk: Did this area flood during April 2017? Alan Pugh: I believe we saw some flooding up Martin Luther King Drive. I don't recall any structures in the immediate vicinity that flooded and certainly not the Arena Village that's being proposed here. We saw some minor flooding downstream along Ellis and 15th Street. I don't anticipate the changes you see before you tonight would modify any of that flooding downstream based on the studies we have looked at. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 17 of 22 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. Ordinance 6261 as Recorded in the office of the City Clerk Flood Insurance Rate Map Revisions (West Branch): An ordinance pursuant to §168.10 Provision for Flood Hazard Reduction of the Unified Development Code to approve Flood Insurance Rate Map revisions for property located near West 15th Street and South Razorback Road (West Branch). City Attorney Kit Williams read the ordinance. Alan Pugh, Engineer gave a brief description of the ordinance. He stated staff is in support of the ordinance. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6262 as Recorded in the office of the City Clerk Bondholder Directed Bond Tender Program: An ordinance to acknowledge the implementation of a Bondholder Directed Bond Tender Program; authorize the execution and delivery of a supplemental Trust Indenture and a Tender Agent Agreement pursuant to which the Bond Tender Program will be implemented; appoint a Tender Agent; prescribe other matters relating thereto; and declare an emergency. City Attorney Kit Williams: I have handed out copies of an ordinance that is almost identical with three minor changes. In the third Whereas, I would like to change the end to say, modify the Trustee fee restrictions. We still will have restrictions on the Trustee. We have done that with every one of our bond ordinances since the late 80's. On Section 2 and Section 3 it talks about persons advising the Mayor about whether to sign or amend a document that's needed for this. I want to add, City Staff to both of those to make sure the Mayor had advise from Paul Becker and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 19, 2019 Page 18 of 22 myself. We are still looking at some of these documents a little bit to make sure they are exactly the way we want them. The Mayor can change them, even after you approve them. I ask that you amend to the ordinance I handed out. There was a brief clarification of the proposed amendment. Council Member Scroggin moved to amend the ordinance in the third Whereas, Section 2 and Section 3 that was proposed by City Attorney Kit Williams. Council Member Gutierrez seconded the motion. Upon roll the motion passed unanimously. City Attorney Kit Williams read the amended ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member Smith: This is people who have lent the city money at their request asking to let taxpayers off the hook for less than we owe them? Paul Becker: Essentially, that is correct. Council Member Smith: Sounds like a good deal. What is the Emergency Clause for? Paul Becker: The Emergency Clause is so we can as soon as they are approved get started on the paperwork. There is a substantial amount of paperwork. This is a new process. If we go through several readings that is going to delay the process. Council Member Smith: Is there a deadline we are up against? Paul Becker: Yes, there is a deadline. This offer would be February I". That doesn't give us a lot of time. We have some details in the documents to work out and they won't be approved by the Mayor until he is satisfied. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan thanked everyone for all their work. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 19 of 22 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Scroggin moved to approve an Emergency Clause. Council Member Smith seconded the motion. Upon roll call the Emergency Clause passed unanimously. Emergency Clause Approved Ordinance 6263 as Recorded in the office of the City Clerk 2020 Annual Budget and Work Program: A resolution to adopt the 2020 Annual Budget and Work Program. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Council Member Marsh: I was looking at the new personnel additions in our budget summary. Last year we approved the hiring of a Recruiter position for HR. Did we hire that person? Paul Becker: We did not. Council Member Marsh: So that salary allotment will be reallocated in our budget for this next year? Paul Becker: Yes. It's going to be reallocated to the position that we discussed in Planning. Council Member Marsh: That would be the Development Review Manager, but the annual salary that was budgeted for this past year was not spent? Paul Becker: It was not. Council Member Smith: The Development Review Manager will be paid out of the bond funds or is it General Fund? Paul Becker: The HR person will be switched to the Development Review Manager. We discussed a bond project for Construction Manager. That one will be paid out of the bond fund because it is directly related to the creation of the capital asset. Council Member Smith: That's two new positions in Facilities? Paul Becker: We are creating one in Facilities, which is the bond project Construction Manager. One moves up and one will be created as a backfill position. Council Member Marsh: I would like us to leave this on the first reading after taking public comment. I want an opportunity to talk with the Arts Council at our regularly scheduled meeting tomorrow about the potential new position of an Arts & Culture Coordinator. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 20 of 22 Robert Stafford, Chair of the Arts Council spoke about wanting more time to review the item. He spoke about the need of an Arts & Culture Coordinator. He spoke about investing in the creative economy. He spoke about the position being essential. He spoke about streets and sidewalk cost. Chris Brown, City Engineer: The Cultural Arts Corridor project has always included the park area and the connector corridor of West Avenue, along with the Razorback Greenway. We had other streets in there included as well and did the preliminary design on those. As we've built the budget, we are reducing the scope of some of the street work. There are Transportation Bond funds that are part of the Cultural Arts Corridor, along with trails funds to supplement some of the trail work. There are some other buckets of money that are included in the project. Council Member Turk: As the budget is right now, we are going to have a $1.2 million deficit? Paul Becker: Correct. Council Member Turk: What increase in sales tax will we need by the end of the year to balance the budget? Paul Becker: We are looking at roughly 5% over what's currently budgeted. It would be about 6.5% to make up that $1.2 million. Council Member Turk: That's quite a bit? Paul Becker: Yes. Council Member Turk: You think we are not going to make it and still be a little bit in the deficit? Paul Becker: I project we will be in the deficit. The one wild card we don't know is internet sales. However, that is quite a bit to make up. If we make that in one year, which is doubtful, we will probably still be running into a deficit at the end of this year going into next year. Hopefully by next year, if things pick up, we might be looking at having revenue the same as expenditures. Council Member Turk: If somehow, we had a very good Fall and Winter and were able to balance the budget, any excess that was over could go to something like the Arts Coordinator we are talking about. We could put it into that fund or create a new fund from the General Fund to be able to allow money deposited in there. I would only support something like that if we were at neutral and made our budget. We have quite a big deficit to make up. Mayor Jordan: We haven't included salaries in there either. Paul Becker: We haven't had any salary discussions. It's not the only source for revenue to the General Fund. However, we have got other needs. As far as the plan you have talked about, if we are increasing reserves we can look at other programs. To go ahead and segregate it in another fund, that's just going to restrict you. I have to look at all the numbers as we go along because they change. If we are to the point that we have surpluses, we can absolutely look at new programs. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 21 of 22 Council Member Marsh: We did recognize we were going to be in a deficit when we approved the salary raises a few years ago and that was going to continue for a few years until we balanced. We made the decision to invest in our staff because that was our most important resource. We planned for this and to go into reserves to make that investment to raise our staff to a better wage. On the Recruiter position we approved last year, what was the budget line item we allocated and did not pay out because we did not hire it? Paul Becker: I think it was about $56,000. Council Member Marsh: Was that the salary range or the budget line item in terms of employment cost? Paul Becker: Budget line, I believe. I would have to double check. Council Member Marsh: Please get back with me on that. If we did not spend that money for a salary last year, the unallocated money will roll back into this next year. Have we adjusted for our reallocations that are going to roll over? Paul Becker: At the end of the year, we will see whether we have a surplus or a deficit. We won't have a surplus, but it will lower the deficit. Council Member Marsh: In looking at this deficit and being sensitive to the fact we are so dependent on sales tax revenue, that speaks to the importance of going beyond building a pretty arts plaza and developing an Arts & Culture ecosystem that supports and grows our creative economy. City Attorney Kit Williams: If you wish to postpone your decision, you will need a motion to table. Council Member Turk stated she misspoke at the Budget meeting on the topic of the Porter Produce building. She thought it was on the Arkansas register and it is not. She spoke about working on it to see if she can get it on the register. Council Member Marsh made a motion to table the resolution to the December 3, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll the motion passed unanimously. This resolution was Tabled to the December 3, 2019 City Council meeting. Announcements Susan Norton, Communications & Marketing Director gave a brief description of city business. All information about city business can be viewed on the City of Fayetteville website. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 22 of 22 City Council Agenda Session Presentations: None City Council Tour: None Adiournment: 8:31 p.m. Lioneld Jordan, Mayor Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov Rezoning Exhibit (19-6853) 1278 W. Hendrix Site Characteristics Street Frontage —105 -feet Land Area —0.51 acres (22,215 square ft) What are the permitted uses? RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Permitted by right UU-08 Single -Family Dwelling UU-08 Single -Family Dwelling Maximum ADU's per Primary Dwelling (SF Home) 1 -Attached and 1 -Detached 1 -Attached & 1 -Detached What are the minimum dimension and area requirements? RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Units Per Acre 4 or less 8 or less Lot Minimum Width One -Family Dwelling 70' feet 50' feet Lot Minimum Width Two -Family Dwelling 80' feet 50' feet Lot Area Minimum One -Family Dwelling 8,000 Square feet 5,000 Square feet Lot Area Minimum Two -Family Dwelling 12,000 Square feet 5,000 Square feet Land Area Per Single -Family Dwelling Unit 8,000 Square feet 5,000 Square feet Land Area Per Two -Family Dwelling Unit 6,000 Square feet 5,000 Square feet Maximum Building Height 13 Stories 13 Stories What are the possible number of dwellings under by -right uses? RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Primary Dwelling 1 Single-family home 12 Single-family homes Accessory Dwellings (with each lot/SF home) 1 -Attached and 1 -Detached 1 -Attached and 1 -Detached What are the allowed conditional uses? Uses RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) 3uplex (UU-09 Two-family dwellings) Yes Cluster Housing (UU-44 Cluster Housing Development) Yes What are the possible number of dwellings under conditional uses? Uses RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Duplex (UU-09 Two-family dwellings) 1 Duplex 2 Duplexes Cluster Housing (UU-44 Cluster Housing Development)* 4 Dwellings 8 Dwellings *This calculation is a theoretical number of dwellings allowed under zoning. This does not account for tree preservation, parking areas, common open space, and other space limitations. What are the minimum canopy requirements per underlying zoning?* RSF-4 (Current Zoning) RSF-8 (Proposed Zoning) Minimum Canopy percentage 1 25% 1 20% *Applies to anything other than single-family and duplex development on individual lots. CITY OF FAYETTEVILLE ARKANSAS T £1' CITY COUNCIL MEMO TO: Mayor; Fayetteville City Council THRU: Susan Norton, Communications & Marketing Director, Interim Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director Chris Brown, City Engineer FROM: Jonathan Curth, Senior Planner Leif Olson, Long -Range Planner DATE: December 10, 2019 SUBJECT: ADM 19-6649: Administrative Item (CITY PLAN 2040): Submitted by the CITY PLANNING DIVISION to amend and update the Comprehensive Land Use Plan, the Future Land Use Map, the Master Street Plan, and the Active Transportation Plan Map. BACKGROUND: On December 3rd, 2019, City staff presented the draft comprehensive plan, City Plan 2040, to the City Council. This included City Plan 2040 itself along with drafts of the Master Street Plan, Future Land Use Map alternatives, and Active Transportation Plan. DISCUSSION: Following staff's presentation at the meeting and in the days since, the Council shared several comments, which are summarized as follows: City Plan 2040 o Frame the plan in terms of climate change. o Growth Concept and Infill Development Scoring Maps • Incorporate elements of the Growth Concept Map in to the Infill Development Scoring map or provide staff reasoning as to why this is not recommended. • Inclusion of additional detail about the individual elements of the Infill Scoring map, possibly as an appendix. ■ Evaluate opportunities to ensure tools are objective in presentation and application. o Inclusion of language and narrative regarding promotion of trailside development and policies and action steps for implementation. o Evaluate development thresholds through the lens of promoting more modest housing. o Inclusion of language and narrative about Fayetteville Public Schools and the impact of school capacity and construction on citywide development. o Inclusion of the City's tree canopy goals. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 o Inclusion of additional language to encourage protection of community character in established neighborhoods. o Incorporate a table illustrating housing cost burden as it relates to different income levels. o Evaluate the Future Land Use Map, annexation policy, and growth management tools in a workshop setting. Master Street Plan o Inclusion of language about above -ground utility screening and/or coherent placement. o Inclusion of language linking the Master Street Plan with the Energy Action Plan regarding vehicle miles travelled. Additionally, Council requested that staff provide a clear delineation of proposed Council actions with staff recommendations, which includes the following: Adopt City Plan 2040 as recommended by staff: o Amending the document to include Planning Commission recommendations o Staff recommends in favor of Planning Commission amendments, excluding the proposal to incorporate elements of the Growth Concept Map in to the Infill Development Scoring Map. o Amending the document to include City Council recommendations as shown on Exhibit 'A' (to be prepared prior to the council meeting). • Adopt the Future Land Use Map Alternative #1 as recommended by the Planning Commission with amendments as recommended by City Council shown on Exhibit 'A'. • Adopt the Master Street Plan as recommended by staff and the Planning Commission. o Staff recommends adoption of language facilitating development of a parkway street section, but deferment of designating any existing streets as parkways. • Adopt the Active Transportation Plan Map as recommended by staff. An `Exhibit A' will be prepared listing the City Council amendments to the text, content, and map(s). The staff recommendation on December 15'h will be to approve the Resolution adopting the plan, with revisions shown in 'Exhibit A'. 2 CITY OF FAYETTEVILLE ARKANSAS CITY COUNCIL MEMO TO: Mayor; Fayetteville City Council THRU: Susan Norton, Communications & Marketing Director, Interim Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director Chris Brown, City Engineer FROM: Jonathan Curth, Senior Planner Leif Olson, Long -Range Planner DATE: December 13, 2019 SUBJECT: ADM 19-6649: Administrative Item (CITY PLAN 2040): Submitted by the CITY PLANNING DIVISION to amend and update the Comprehensive Land Use Plan, the Future Land Use Map, the Master Street Plan, and the Active Transportation Plan Map. BACKGROUND: On December 3rd, 2019, City staff presented the draft comprehensive plan, City Plan 2040, to the City Council. This included City Plan 2040 itself along with drafts of the Master Street Plan, Future Land Use Map alternatives, and Active Transportation Plan. DISCUSSION: Following staff's presentation at the meeting and in the days since, including at the December 10, 2019 Agenda Session, the Council shared several comments, which are summarized as follows: City Plan 2040 o Frame the plan in terms of climate change. o Growth Concept and Infill Development Scoring Maps ■ Incorporate elements of the Growth Concept Map in to the Infill Development Scoring map or provide staff reasoning as to why this is not recommended. ■ Inclusion of additional detail about the individual elements of the Infill Scoring map, possibly as an appendix. ■ Evaluate opportunities to ensure tools are objective in presentation and application. The Infill Development Scoring map is available for consideration here. o Inclusion of a trailside development plan to establish desired trailside land uses, create policies to encourage them, and action steps for implementation. o Evaluate development thresholds through the lens of promoting missing middle housing. o Adopt an open space or ecological services zoning district. o Inclusion of language and narrative about Fayetteville Public Schools and the impact of school capacity and construction on citywide development. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 o Inclusion of the City's tree canopy goals. o Inclusion of additional language to encourage protection of community character in established neighborhoods. o Incorporate a table illustrating housing cost burden as it relates to different income levels. o Evaluate the Future Land Use Map, annexation policy, and growth management tools in a workshop setting. o Include language regarding the current stormwater utility study and its potential impacts on land use. Inclusion of language linking the Master Street Plan with the Energy Action Plan regarding vehicle miles travelled. Master Street Plan o Inclusion of language about above -ground utility screening and/or coherent placement. Staff has responded to these comments in the attached Exhibit W. Additionally, Council requested that staff provide a clear delineation of requested Council actions with staff recommendations, which includes the following: Adopt City Plan 2040 as recommended by staff: o Amending the document to include Planning Commission recommendations. Staff recommends in favor of Planning Commission amendments, excepting: ■ The proposal to incorporate elements of the Growth Concept Map in to the Infill Development Scoring Map. The Growth Concept Map is intended to serve as a policy tool that is not parcel based, which limits the effectiveness of its inclusion in the Infill Development Scoring Map. Additionally, staff has proposed the City Neighborhoods Area and Urban Center Areas of the future land use map as an element of the Infill Development Scoring Map, which aligns with many elements of the Growth Concept Map and is parcel - based. o Amending the document to include City Council recommendations as shown on Exhibit `A'. • Adopt the Future Land Use Map Alternative #1 as recommended by the Planning Commission with amendments as recommended by City Council shown in Exhibit `A'. • Adopt the Master Street Plan as recommended by staff and the Planning Commission. o Staff recommends adoption of language facilitating development of a parkway street section, but deferment of designating any existing streets as parkways. • Adopt the Active Transportation Plan Map as recommended by staff. ADM 19-6649 Exhibit `A' Proposed Amendments and Existing Text in Response to Councilmember Comment City Plan 2040: o Frame the plan in terms of climate change. ■ Page 5, Message from the Mayor • So why do we plan? Looking forward, the most daunting challenge that Fayetteville and cities across the globe will face is climate change and its disruptions to the existing order. Regionally, global climate change will result in increasingly extreme weather events such as severe and extended periods of drought, extreme heat waves, and increased storm and rainfall events that will produce unprecedented flooding. Globally climate change will result in rising sea levels, increasingly severe and more frequent hurricanes, rainfall events, droughts, heat waves and flooding. As these events become more frequent and intense large populations of people will ultimately migrate to areas that are less impacted by severe weather events. Fayetteville anticipates that we will be impacted by climate change in -migration as people leave coastal areas of the south and seek opportunities in areas that are more resilient to these changes. This type of in -migration is not unprecedented as many will remember the impacts from people dislocated due to Hurricane Katrina on the gulf coast in 2005. Therefore, we must anticipate, plan, design and construct our community in a sustainable and resilient manner. The City began these efforts when I signed on to the U.S. Conference of Mayors Climate Protection Agreement in 2012. In May 2017, 1 joined 60 mayors across the nation to sign a statement to President Trump affirming Fayetteville's commitment to taking every possible action to realize the principles of the Paris Climate Agreement. On January 2nd, 2018 City Council adopted the Energy Action Plan which detailed many strategies for reducing the community's carbon footprint. For a detailed look at the goals, strategies and action steps included in the Energy Action Plan please visit the plan here: https://favetteville- ar.gov/DocumentCenter/View/14807/Energy-Action-Plan Final- Draft-?bidld= ■ Page 21, Framework, Goals • Fayetteville's land use policies intentionally combat climate change. The six goals in the Framework chapter lead to compact development patterns in the core of the city, attainable housing, and a robust and multi -modal transportation system; all of which reduce greenhouse gas emissions compared to more land consumptive development patterns and accommodate in - migration. The goals for natural resource preservation in floodplain and steep wooded areas reduce vulnerability to natural hazards. o Development Scoring Map ■ Staff recommends adopting the Development Scoring Map, deferring scoring of the elements to a later date should the Council elect to apply a weighting scheme. ■ Page 18, Infill Development Scoring • Retitle to "Infill Development Assessment Map" to align intent of tool as objective measure. • Revise language to emphasize objectivity of tool rather than discussing elements as positive or negative and awarding points. ■ Appendix Include recommended Planning Commission weighting with examples of its application to specific properties. Staff recommends adopting the Infill Assessment Map, deferring weighting of the elements to a later date, if desired by the Counci;. Include additional information including the following: o Element details including individual map and narrative: ■ Sewer Main within 300 feet ■ Water Main within 300 feet ■ Grocery Store within '/z mile ■ Public School within '/2 mile ■ UA Main Campus within % mile ■ Park within '/z mile ■ Trail within '/2 mile ■ Ozark Transit within % mile ■ Razorback Transit within % mile ■ Future Lane Use Map Designation • Urban Center Area • City Neighborhood Area • Neighborhood/Corridor Master Plan ■ Intersection Density of Greater than 140/square mile ■ Slope of Greater than 15% ■ 100 -year Floodplain o Evaluate development thresholds through the lens of promoting more missing middle housing. ■ Page 47, City Plan 2040 Benchmarks • Evaluate development thresholds based on quantitative metrics such as impervious surface and building form, not building type, and the encouragement of missing middle housing. 4 o Adopt an open space or ecological services zoning district. ■ Page 48, City Plan 2040 Benchmarks • Develop additional rural/agricultural and open space zoning districts that can be utilized to manage rural growth and maintain rural character on the City's outer edges, and limit development of sensitive areas throughout Fayetteville. o Inclusion of Illinois River watershed background. ■ Page 89, Watershed System • After "...drains in to Oklahoma." While The Beaver Lake watershed is particularly critical given its role as the primary drinking water source for Fayetteville, the Illinois watershed has been the subject of protracted litigation between the states of Oklahoma and Arkansas. Since 2003 however, the two states have sought to work cooperatively to improve water quality and reduce the negative impacts of nutrient pollution that have triggered large algal blooms downstream in Tenkiller Ferry Lake. • Include the map from the EPA below: Fest S00am'S] ` Tahlequah, OK' ' N l i -.tet-- ti Siloam Springs, AR � Pea Bodge. AR t viIle--Spr ngdale. AR 'tet_ \ r r •rk Prairie�Grove. AR Land Cover - 2641 I - w •e. !F r� r �{ � 7v -opecrvarer � + a" � 61 . pee"elopcd, G�C#t Spate r J SSfilwell, OAC v 1 '�41-OmiduouaForesN 42 - Ibiwgre+en Fareai %nfCfler Fe�ryi! eke L— 'F ri • Gt�ssla tE Ftie#".taceauy • � �, � 81 - PasNur®+Nay 62 - eunwseed Prov urnik Areas �{r ����� FS . � 4/wAll� �ydala�yical Unit Cede- 11116143 o Inclusion of the City's tree canopy goals. ■ Page 85, Natural Environment • Tree Canopy In light of the ongoing effects of climate change, trees and their associated canopy have innumerable benefits and an urban forest plays a role in carbon sequestration, mitigating stormwater issues, filtering pollutants, increasing property values, improving public health, and reducing the heat island impacts associated with urban areas. A healthy urban tree canopy can address the three major weather events that are anticipated to affect Northwest Arkansas: unpredictable but more impactful rain events, drought, and heat waves. Even before broad acknowledgement of climate change, Fayetteville and its residents placed a high value on the City's tree canopy, particularly with the formation of the Tree and Landscape Advisory Committee in 1993 and the subsequent adoption of a Tree Preservation ordinance regulating tree removal associated with development. In conjunction with enforcing the tree preservation ordinances, the City's urban foresters are also tasked with documenting Fayetteville's urban forest and tracking its citywide coverage. Various tools are utilized for this, including aerial imagery, development records, and Geographic Information System data for tree canopy, water, buildings, roads, and various classes of vegetation. The methodology of these analyses varies from year to year with the availability of new data and improved technology, providing increasingly precise estimates of canopy. Despite requirements for mitigation tree plantings alongside new development, there is concern that a gap remains between the projected tree canopy gained from plantings, and that lost. With recent access to imagery from the National Agricultural Imagery Program, the urban foresters have new tool, which may be used to identify areas in the City that will benefit from tree plantings. With many programs already existing and others are in the pilot stage, the City needs to continue pursuing additional tree planting on both public and private properties to address the known impacts of climate change. o Inclusion of additional language to encourage protection of community character in established neighborhoods. ■ Page 25, Framework, Goal 1 Objectives Many of Fayetteville's most vibrant and diverse neighborhoods do not meet the requirements for inclusion on the National Historic Register but are worthy of preservation efforts because they are stable and foster a sense of community among their residents. Many of Fayetteville's neighborhoods built in the 1940's, 50's and 60's in the City's core and in proximity to downtown and the University of Arkansas have seen significant development pressure in recent years. Much of this development has been positive with once vacant and overgrown lots being developed with infill housing, however, the City is now experiencing a significant amount of demolition of existing structures with replacement of structures that are out of scale and character. Zoning and development actions occurring in existing neighborhoods should be closely evaluated and development tools should be established to ensure that neighborhood cohesion and character is not sacrificed at the expense of new development. Zoning provisions, such as height, setbacks, and building mass remain the primary tools that policy makers can use to preserve these neighborhoods. o Incorporate a table illustrating housing cost burden as it relates to different income levels. Data provided by Fayetteville's Community Resources Department. ■ Page 76, Housing Concerns Area Median Income Percent 30% Housing Cost/Month 45% Housing Hourly Fayetteville -Springdale - (AMI) - 1 person Classification +Tranportation Rogers MSA household (HH) of AMI ('Cost -Burdened') Cost/Month Rate Fair Market Rent 2019 $14,700 30% Extremely Low* $368 $551 $7.07 Efficiency - $547 1 Bedroom - $586 2 -Bedroom - $748 3 -Bedroom - $1,081 $24,500 50% Very Low 1 $613 1 $919 1 $11.78 $39,150 80% Low 1 $979 1 $1,468 1 $18.82 $69,900 (4 -person HH) 100% 1 Median r #VALUE! r #VALUE! 1 $33.61 Effective April 24, 2019 *The FY2014 Consolidated Appropriations Act changed the definition of extremely low-income. Consequently, the extremely low-income (30%) limits may equal the very low income (50%) limits. Future Land Use Map o Inclusion of language and narrative about Fayetteville Public Schools and the impact of school capacity and construction on citywide development. ■ Page 122, Introduction • Cities, policies, and priorities evolve between the adoption of new or updated comprehensive plans. Accordingly, plans and their associated future land use maps undergo periodic amendment to align the goals and policies of these documents with the vision of the community. In Fayetteville, as in many cities, one of the largest impacts on land use development is the construction of a new school. Just as the future land use map guides and informs land use policy, so should new schools inform the future land use map. Ongoing coordination between the Fayetteville Public School District and the City of Fayetteville is important to ensure school and land use planning are complimentary to the goals of all. o Evaluate the Future Land Use Map, annexation policy, and growth management tools in a workshop setting. ■ Staff recommends adopting the Future Land Use Map as recommended by the Planning Commission with amendment proposed by elected officials, deferring review, drafting, and adoption of additional annexation policy and growth management tools to a later date. o Include language regarding the current stormwater utility study and its potential impacts on land use. ■ Page 91, Flooding • Revise the final paragraph of 8.5 to read "While these issues have solutions, most are extremely expensive. This is one reason that the City Council has begun investigating sustainable funding sources to deal with flooding and many challenges related to stormwater throughout the City. In 2018, Fayetteville contracted with Jacobs Engineering to study the City's existing stormwater infrastructure and the capital and operational needs to address shortfalls. Stemming from this, the consultant also addressed the costs associated with making stormwater improvements and the options for generating the necessary funding. More recently, in 2019, Council broadened the scope of the study to include an evaluation of a stormwater credit program and potential to amend existing ordinances to align the City's goal for attainable housing with development thresholds." • Master Street Plan o Inclusion of language about above -ground utility equipment screening and/or coherent placement. ■ Utilities • Where underground utilities are installed inside or outside of the City's rights-of-way, the City encourages above -ground utility equipment to be screened from public view where feasible or coherently organized to minimize visual impact on the streetscape. o Inclusion of language linking the Master Street Plan with the Energy Action Plan regarding vehicle miles travelled. ■ Page 94, Transportation Context and Street Network • One of the primary goals of the City's Energy Action Plan is to reduce annual per capita vehicle miles traveled (VMT) to reduce the community's greenhouse gas (GHG) emissions. Currently transportation accounts for 27% of Fayetteville's GHG emissions. Reducing transportation related emissions is directly tied to making smart growth decisions and investments in our transportation systems. As we work towards the realization of the six goals in City Plan 2040, many of the actions identified will directly impact and reduce the community's VMT and future transportation -related GHG's. The two primary goals of the Energy Action Plan as it relates to transportation related GHG emissions are to: • Reduce the per capita vehicle miles traveled (VMT) to 2010 levels by the year 2030, and • Achieve a 25% walk/bike/transit mode share by the year 2030. For a more detailed analysis of how transportation is tied to greenhouse gas emission reductions and climate change initiatives please visit the City's Energy Action Plan located here: httos://favetteville-ar.aov/DocumentCenter/View/14807/Enerav- Action-Plan Final-Draft-?bidld= o Trailside Development ■ Page 47, City Plan 2040 Benchmarks • Develop a trailside development plan. As part of the trailside development plan, gauge the feasibility of creating this plan with existing resources or through an external consultant, engage the public, assess land use and zoning adjacent to trails, and evaluate existing ordinances. ■ Page 134, Active Transportation Plan • Beginning in 1978, the City of Fayetteville began exploring the potential for a bikeway system. In the years between 1978 and 2000, a Bikeways Plan was adopted, signage was installed, routes were designated, grant funding was awarded, and Jim Lindsey constructed the first section of the trail, totaling 0.22 miles along Mud Creek. Since then, Fayetteville committed itself fully to the implementation of a trail network, with the formation of citizen committees and advisory groups, dedication of public funds, and ongoing pursuit of partnerships to realize the planning and construction of nearly 50 miles of shared -use, paved trail. These trails have created the foundation for a larger network that has prompted development along routes. Businesses and residents alike are attracted to the benefits of trail access, whether it be to reduce vehicle dependence, entice trail traffic, for the convinence of patrons, or any number of other reasons. Like many communities that have embraced shared -use, paved trail construction, Fayetteville has not formally assessed the benefits of a trail network to the local economy, connectivity, and resident equity, nor has it evaluated existing land uses along routes. Despite a trail master plan existing in the form of the Active Transportation Plan, and despite regular and comprehensive reviews of the plan, this document does not aspire to guide, direct, or promote trailside development. Additionally, no concerted or deliberate effort to encourage trailside development through zoning actions or ordinance amendments has been explored. A trailside development plan can address this gap through a three- phase approach. Firstly, stakeholders, including residents at large, businesses, and property owners will be engaged to solicit input on their vision for development along the trail system and how the City can encourage its success. Secondly, a plan can identify areas of vacant or underutilized land near trails which may be rezoned to encourage development that compliments the City's public investment. In conjunction with this, the plan can identify areas that may be adjacent to a trail but are inappropriate for development, such as floodplains or sensitive ecosystems. Lastly, the plan will evaluate existing ordinances for opportunities to promote trail - facing businesses and residences that activate the trail system. Taken in concert, these findings can be used to establish coherent and coordinated steps for City staff and officials to implement the plan. 10 CityClerk From: Lisa Orton <lisa_m_orton@yahoo.com> Sent: Monday, December 16, 2019 9:23 PM To: Lisa Orton; CityClerk Cc: University Heights Neighbors Subject: Concerning 2040 Plan and Markham Hill Dear Planning Commission and City Counsel members, I don't believe Fayetteville's top priority should have anything to do with development, infill, and upzoning. I believe the top priority should be tree preservation, preserving Fayetteville's intact forests and natural habitat, and limiting addition of impervious surfaces. We would then have a healthier environment. We need clean air, water, and watersheds more than we need development. More people means we need more trees in order to maintain and even increase their health benefits. So, the City's highest priority should be preserving Fayetteville's intact forests and natural habitats. This mitigates climate change and keeps us healthier physically and mentally. Another priority over development should be listening to what the people in neighborhoods want. It is clear that your ordinances and codes favor developers and development rather than the residents of Fayetteville, people who live in the neighborhoods. It looks like money makers and developers have control over our City government. Out-of-state people with money, like Robert M Dant who is hiding behind Specialized Real Estate Group (SREG) and who corrently owns the historic Markham Hill intact urban forest and natural habitat, are controlling City policy, convincing people to believe urbanization is the answer, and donating to causes to gain support for their development projects. Not because they care about Fayetteville but because they want to make as much money as possible from their development projects no matter the pain they cause. So, the City's next highest priority should be listening to and following through on what people in neighborhoods want more than what developers messing with our neighborhoods want. Please change the City's priorities, goals, codes, and ordinances to favor Fayetteville's urban forests and natural habitats and to favor what the people in neighborhoods want rather than the developer. More and more people in Fayetteville are getting more and more angry at the City for favoring developers and development. Urbanization, infill, and forced upzonings and tree removal in neighborhoods that don't want that are not the answer. Sincerely, Lisa Orton 1663 Halsell Rd 410-674-8440 Sent from Yahoo Mail on Android