No preview available
HomeMy WebLinkAboutOrdinance 6348pF FpYETTE L .- �qA'a NS�S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6348 File Number: 2020-0413 ARKANSAS AND MISSOURI RAILROAD SHILOH DRIVE AND GREGG AVENUE - 2019 TRANSPORTATION BOND PROJECT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT SHILOH DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $41,917.43, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $600,000.00 - 2019 TRANSPORTATION BOND PROJECT WHEREAS, the extension of Shiloh Drive has long been a part of the Master Street Plan to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive; and WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the construction and maintenance of a new railroad crossing and the second an easement agreement; and WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement, the City will reimburse AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be $558,082.57; the City agrees to close the existing unimproved crossing at University Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City and AMRR agree to equally share the cost of repairs or major maintenance to the new crossing; and Page 1 Printed on 8119120 Ordinance. 6348 File Number: 2020-0413 WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR property for the crossing including a requirement that the City maintain an insurance policy in the amount of$15 million; and WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole power to authorize and construct new crossings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project contingency in the amount of $41,917.43.00 for a total estimated project cost of $600,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. Section 3: Execution of these agreements shall not be authorized unless and until there is approval of a preliminary plat or large scale development for the first phase of development with a minimum of 300 apartment units and the posting of a bond to secure the construction of a connecting roadway to the railroad crossing. PASSED and APPROVED on 8/18/2020 Attest: Kara Paxton, City Clerk Treasuuer ; �AYE7-rEV/��E Page 2 Printed on 8119120 City of Fayetteville, Arkansas 113 West Mountain Street • �, Fayetteville, AR 72701 i— (479) 575-8323 Text File File Number: 2020-0413 Agenda Date: 8/18/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 1 ARKANSAS AND MISSOURI RAILROAD SHILOH DRIVE AND GREGG AVENUE - 2019 TRANSPORTATION BOND PROJECT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT SHILOH DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $32,892.43, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $750,000.00 - 2019 TRANSPORTATION BOND PROJECT WHEREAS, the extension of Shiloh Drive has long been a part of the Master Street Plan to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive; and WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the construction and maintenance of a new railroad crossing and the second an easement agreement; and WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement, the City will reimburse AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be $558,082.57; the City agrees to close the existing unimproved crossing at University Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City and AMRR agree to equally share the cost of repairs or major maintenance to the new crossing; and WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR property for the crossing including a requirement that the City maintain an insurance policy in the amount of $15 million; and WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole power to authorize and construct new crossings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: City of Fayetteville, Arkansas Page ! Printed on 811912020 File Number: 2020-0413 Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of format competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project contingency in the amount of $32,892.43.00 for a total estimated project cost of $750,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. City of Fayetteville, Arkansas Page 2 Printed on 811912020 CITY OF FAYETTEVILLE ARKANSAS W MEETING OF AUGUST 4, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: July 21, 2020 CITY COUNCIL MEMO SUBJECT: Item 2020-0413 Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 32,892.43, for a Total Budget of $750,000. RECOMMENDATION: This item was tabled indefinitely at the June 41h, 2020 City Council Meeting pending resolution of questions from the City Council regarding closing the crossing at University Avenue and regarding the economic benefit of the proposed crossing These questions were researched by staff; responses to the questions are detailed in the discussion section below. Staff recommends placing this item back on the City Council for the August 4, 2020 meeting. Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad crossing near Shiloh Drive and Gregg Avenue. Staff also recommends approval of the budget adjustment to fund the cost of the railroad crossing agreement and associated costs of roadway and traffic signal modifications to complete the railroad crossing, including a contingency of $32,892.43. Total project cost including contingency is $750,000. BACKGROUND: The extension of Shiloh Drive has long been on the City's Master Street Plan, to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive. This project was identified as a priority project in the 2019 bond program, as opportunities to partner with developers of the property arose. The connection will provide a more direct access from the property to the Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the railroad and Gregg Avenue. DISCUSSION: AM RR has presented two agreements to the City. The first, a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing, including: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • The City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing. The estimated cost of the crossing installation is $558,082.57. • The City agrees to close the existing unimproved crossing at Gregg Avenue and University Avenue. • The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for basic maintenance and wear and tear. • The City and the AMRR agree to equally share the cost of repairs or major maintenance. The second, an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. In addition to these agreements, construction of the roadway connection from the railroad to Gregg Avenue and modification of the signal to accommodate the 4th leg of the intersection and connect to the railroad signal are the responsibility of the City. The estimated cost of these improvements is $159,025. Finally, a contingency of $32,892.43 is recommended for unforeseen costs of the railroad crossing and/or the roadway/signal work. The City Council raised concerns at the June 41h meeting, and asked staff to seek revisions to the contract with AMRR to remove or revise the stipulation that the University Avenue crossing be closed. This item was discussed with AMRR, and they are not interested in revising that provision in the contract. As alternative, staff has researched the feasibility of creating a pedestrian/bicycle connection from the end of University Avenue to Hill Avenue, thereby creating a safe connection from residential areas to services to the south. Secondly, the City Council questioned the need for this crossing, and asked about economic benefits. At this time, a proposed apartment development consisting of over 2000 units is planned for the 40 acre parcel at the corner of Van Asche and Gregg Avenue, that would directly access the proposed crossing. A master plan for the surrounding properties indicates a mix of development types that would provide a range of housing, services, and employment opportunities. The City will begin to recapture of the cost of the rail road crossing during construction of the apartment development. This single housing project has the potential to provide sales tax revenue to recapture the remaining portion of the City's expenditure in as few as nine months once opened and units are occupied. This time frame could be expedited if other components of the master plan, such as restaurants, or employment opportunities begin development or are announced during the first year. BUDGET/STAFF IMPACT: As noted above, the total project estimate is: Agreement with AMRR: $558,082.57 Roadway/signal work: $159,025 Contingency: $32,892.43 Total: $750,000 Funding for this work will come from the 2019 Transportation Bond Program. The original allocation in Phase 1 was $1 million for two proposed signal crossings; the total for the two is now estimated at $1.5 million; the additional $1.5 million will come from contingency funds set aside in Phase 1 of the Bond Program. Attachments: New Railroad Crossing Cost and Maintenance Agreement Easement Agreement Estimate for Roadway and Signal Improvements Project Vicinity Map Vicinity Map of Crossing to be Closed City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 32,892.43, for a Total Budget of $750,000. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 6/2/2020 2020-0413 Matthew Maddo-x, 5/14/2020 12:25 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) GLDATE: 6/2/2020 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20200324 Account Name 4602.860.7220-5809.00 717,108 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 32,892 - 46020 7220 EX Contingency - Capital Project 4602.860.7999-5899.00 (750,000) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\06-02-2020\BA 2020-0413 Shiloh Railroad Crossing 1 of 1 CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 4, 2020 STAFF MEMO SUBJECT: Estimate for full recapture of the costs of both railroad crossings and annual costs DISCUSSION: Item Cost Shiloh Railroad Crossing $750,000 Futrall Railroad Crossing $750,000 Annual Cost for both crossings for three years $61,208 Grade seperated University pedestrian crossing $500,000 ,Total $2, 061, 208 While the University crossing is attached to the agreement for the railroad crossing at Shiloh, there is no specific reason for its association other than how the agreements were drafted. As such, this memo aims to show full recapture of all costs, including the grade separated pedestrian crossing at University, using sales tax revenue from both projects (Shiloh and Futrall). Item Time Period Running Balance Initial Cost two crossings and underpass Construction Complete ` Annual Cost for three years Three years Revenue from phase 1 construction (both) Year 1 $ (619,500.00) Revenue from first year of phase 1 operation (both) Year 2 $ (605,432.00) Revenue phase 2 construction (both) Year 2-3 $ (644,000.00) Revenue from second year of phase 1operation (both) year $ (192,276.00) Year three net revenue (remaining from year 2 of phase 1) (both) 1year3-3.5 $ 426,476.32 Estimated tax revenue paying back crossing costs This exercise continues to show the many ways recapture can be calculated and realized by the City -and the many moving variables which could influence it. Costs of construction materials, continued escalation of e-commerce sales, and the addition of additional developments are just a few examples. The table above outlines one such scenario where the developments could fully pay for the costs by the end of year 2 of operation of phase. And generate a profit for the City of $426,476 that same year. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 For: Mayor Lioneld Jordan and the Fayetteville, AR City Council — Wednesday, August 19, 2020 From: Jerry B. Hogan, 1984 N. East Oaks Dr. #2, Fayetteville, AR, 479-521-5314, j bhogan22 @hotmai l . co m Topic: Closing of railroad crossing on University Avenue to vehicular traffic Summary: I oppose closing the railroad crossing to vehicular traffic Contents: Two points in opposition to the closing of University Avenue —1 page Please note: these notes reflect my personal opinion as a citizen of Fayetteville. I do not speak for anyone else or any organization. Thank you Jerry B. Hogan I oppose closing University Avenue at the train crossing to vehicular traffic for the following reasons: 1) The people living on University south of Center will be deprived of a convenient and direct outlet to Prairie Ave and MLK Blvd. This would cut them off from the Neighborhood Market at MLK and Government Avenue and to the businesses along Prairie as well shutting them off from a back way to the expanding FPL. Also, I assume some day we will need a light at Govt. and MLK and this would allow a direct line of traffic from Prairie down Government to the National Cemetery. 2) From a historical perspective — this sort of jogging road runs from Dickson Street all the way to 15th Street (given the current difficulty of crossing MLK there at Government) — it connects our historical Evergreen Cemetery with the National Cemetery and the entire length of the road from Dickson to the National Cemetery was once known as Cemetery Road. I would advocate for leaving this crossing open to vehicles so that the potential flow of traffic is not impeded by making this a dead end. ORDINANCE NO. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A RAILROAD CROSSING AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT SHILOH DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $32,892.43, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $750,000.00 WHEREAS, the extension of Shiloh Drive has long been a part of the Master Street Plan to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive; and WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the construction and maintenance of a new railroad crossing and the second an easement agreement; and WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement, the City will reimburse AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be $558,082.57; the City agrees to close the existing unimproved crossing at University' Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City and AMRR agree to equally share the cost of repairs or major maintenance to the new crossing; and WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR property for the crossing including a requirement that the City maintain an insurance policy in the amount of $15 million; and WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole power to authorize and construct new crossings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project contingency in the amount of $32,892.43 for a total estimated project cost of $750,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Section 3: Execution of these agreements shall not be authorized unless and until: a. An acceptable alternative to the crossing at University Avenue for pedestrians and bicycles is approved by the City Council; and b. Approval of a preliminary plan or large scale development for the first phase of development with a minimum of 400 apartment units, with the posting of a bond to secure the construction of a connecting roadway to railroad crossing. PASSED and APPROVED this 2"d day of June, 2020. U ATTEST: IIfr?I,,, GOER K By: KARA PAXTON, NiClerk/ reastirej FAYEnE,ILLE .� = . - �•9sy9 ANSNS �,�•y `. IN, C0 9`N````�� CITY OF FAYETTEVILLE . ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 4, 2020 STAFF MEMO SUBJECT: Economic Revenue Estimations: Catalytic Project for Shiloh Railroad Crossing DISCUSSION: The Shiloh Railroad crossing which was identified as a phase one bond project is not being built as a speculative connection, rather, it has a high -density multi -family housing project as it's catalytic project for a larger master planed development on the property. The forty acres to the immediate north of the railroad crossing was sold to a developer from central Arkansas in late 2019. As master planning continues, the first project which consists of 2,075 market rate dwelling units, not student housing, will be built through five phases. Once completed, the project would offer living units to over 2,600 residents at a minimum and generate sales tax directly north of $1,000,000 annually. The following report aims to provide a conservative view of direct and indirect sales tax from the stated uses. The revenue estimations shown in the report do not include revenue from building permit fees which would be north of $200,000 per phase. Nor does it include any induced economic impacts which would likely result from the development. Other developments in the near term are being planned, such as multiple restaurants. Revenue estimations for 15,000 sq. ft. of restaurants are not included in the phases below, which would add an additional $210,000 in sales and HMR tax annually to the project's annual revenue potential. This analysis looks solely at the high -density multi -family development planned for the first 39 acres, which will anchor the property. Base Item Units/Metrics Units per phase (five phases total) 400 Total planned units 2,075 Residents per phase Assumption of 25% of units per phase will hold two or more residents Cost per phase including infrastructure (materials are 70% of number provided) $30,000,000 Percent of materials purchased in Fayetteville 40% Units per acre total 53.20 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Economic Benefits: The project in question offers significant economic benefits through tax revenue to the City of Fayetteville, coupled with a substantial injection of Class -A multi -family housing stock in an area consistent with the City of Fayetteville's 2040 land use plan and growth -concept map. Using the base assumptions outlined above, City NAICS code tax breakdowns, and Bureau of Labor Statistics spending data, staff has developed the attached revenue estimation for the housing project. This economic revenue estimation shows the importance of adding housing supply to our community and the impact of the internet sales tax law further shows the added economic benefit housing units have in Fayetteville. Like most developments of this size, the project will be built in a series of phases, likely five total. The tables below outline the compounding sales tax benefits to the City of Fayetteville as phases are completed and occupied. The developer of the housing development is ready to move forward and begin phase one construction as soon as possible. Annual Compounding Sales Tax Estimation: Five-year intervals Annual Compounding Sales Tax Collection PHASE ONE (400 units, 500 residents) YEAR 2 YEAR 3 YEAR 4 YEAR 5 $ 185,060.00 $ 189,131.32 $ 193,292.21 $ 197,544.64 $ 201,890.62 2.2% Inflation Annually $ 4,071.32 $ 4,160.89 $ 4,252.43 $ 4,345.98 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE TWO (800 units, 1000 residents) YEAR 2 YEAR 3 YEAR 4 YEAR 5 $ 391,392.21 $ 400,002.84 $ 408,802.90 $ 417,796.56 $ 426,988.09 2.2%InflationAnnually $ 8,610.63 $ 8,800.06 $ 8,993.66 $ 9,191.52 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE THREE (1200 units, 1500 residents) YEAR 2 YEAR 3 YEAR 4 YEAR 5 $ 616,489.68 $ 630,052.45 $ 643,913.61 $ 658,079.71 $ 672,557.46 2.2% Inflation Annually $ 13,562.77 $ 13,861.15 $ 14,166.10 $ 14,477.75 Sales Tax from Construction: $168,000 per phase Annual Compunding Sales Tax Collection PHASE FOUR (1600 units, 2000 residents) YEAR 2 YEAR 3 YEAR 4 YEAR 5 $ 872,413.72 $ 891,606.82 $ 911,222.17 $ 931,269.06 $ 951,756.98 2.2% Inflation Annually $ 19,193.10 $ 19,615.35 $ 20,046.89 $ 20,487.92 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE FIVE (2075 units, 2594 residents) I YEAR 2 1 YEAR 3 1 YEAR 4 IYEAR 5 $ 1,157,755.96 1 $1,183,226.59 1 $ 1,209,257.58 1 $ 1,235,861.24 1 $ 1,263,050.19 The figures are adjusted for inflation of 2.2% annually (please note year five was adjusted for inflation before being added into year one of the next phase). One of the largest drivers of the numbers is internet sales tax collections, which nationally and locally are growing at a much more rapid rate (15% in 2019 when compared to inflation of 2.2%). Internet sales tax collections will likely continue to climb at a much more rapid rate than inflation, reiterating staffs point that these numbers aim to be conservative. Annual Compounding Sales Tax Estimation: Three-year intervals The figures below show compounding sales tax collections in three-year intervals. While the numbers vary due to the time frame which the compound due to inflation, the project still holds ample opportunity to conservatively produce over $1,000,000 in annual sales tax revenue to the City of Fayetteville once complete. Annual Compounding Sales Tax Collection PHASE ONE (400 units, 500 residents) YEAR 2 YEAR 3 $ 185,060.00 $ 189,131.32 $ 193,292.21 2.2% Inflation Annually $ 4,071.32 $ 4,160.89 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE TWO (800 units, 1000 residents) YEAR 2 YEAR 3 $ 382,604.64 $ 391,021.94 $ 399,624.42 2.2% Inflation Annually $ 8,417.30 $ 8,602.48 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE THREE (1200 units, 1500 residents) YEAR 2 YEAR 3 $ 593,475.74 $ 606,532.21 $ 619,875.91 2.2% Inflation Annually $ 13,056.47 $ 13,343.71 Sales Tax from Construction: $168,000 per phase Annual Compunding Sales Tax Collection PHASE FOUR (1600 units, 2000 residents) YEAR 2 YEAR 3 $ 818,573.18 $ 836,581.79 $ 854,986.59 2.2% Inflation Annually $ 18,008.61 $ 18,404.80 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE FIVE (2075 units, 2594 residents) YEAR 2 YEAR 3 $ 1,058,856.29 $1,082,151.13 $ 1,105,958.46 2.2% Inflation Annually $ 23,294.84 $ 23,807.32 Sales Tax from Construction: $168,000 per phase Saks Estimates Municipal Saks Tax Estimates Estimated Internet Saks from (Residential) Estimated Taxes from Internet Saks 5 7,782,000.00 S 155,640.00 Estimated Grocery Saks from (Residential) Estimated Tax from Grocery Sales 5 7.807.940.00 S 156,158.80 Estimated Entertainment Saks from (Residentkl) Estimated Taxes from Entertainment sales $ 6,485,000.00 S 129,700.00 Estimated Eating Out Sales from (Residential) Estimated Taxes from Eating Out 5 5.188,000 00 5 207,S20.00 Estimated Property Taxes to Fayetteville S 3S,000.00 Estimated Retail Sales on site brick and mortar (Site) Estimated Taxes from Retail Saks (Site) S Estimated Restaurant Sales on site brick and mortar (Site) Estimates Taxes from Restaurant Sales (Site) S Estimated Employee Retail Spend Estimated Taxes from Employee Retail Spend 624,000.00 S 12,480 00 Estimated Employee Spend at Restaurants (Annually) Estimates Taxes from Restaurant sales (Employee Annually) 312,000.00 S 12,480 00 Recapture of cost for Shiloh Crossing: ITEM COST Crossing Construction $750,000 Annual Cost $10,000 2% increase annual) Item Time Period Running Balance Initial Cost Construction Complete $ 750,000.00 Annual Cost for three years Year 1-3 $ 30,604,00 Phase 1 and 2 Construction revenue Year 1-2 $ (336,000.00) Phase 1 Year 1(400 units) Year 2 $ (185,060.00) Phase 1 Year 2 (400 units) Year 3 $ (189,131.00) Phase 2 Year 1(800 units) Year 3-3.5 $ (70,413.00) Year three net revenue $ 312,191.00 Estimated Tax Revenue paying back crossing Conservatively, the crossing would likely pay for itself by year three, however, it could be paid off sooner depending on the pace of development and continued escalation in areas such as internet sales tax. The addition of other developments, such as a restaurant, could shave as much as a year off the timeframe to recapture. 4 Methodology and References: Base Item Units Units= 2,075 Residents in Housing 2,594.00 Employees onsite 100 Base Item Unit Internet Sales Per Person $ 3,000.00 Grocery Sales per resident $ 3,010.00 Annual Entertainment per resident $ 2,500.00 Eating out per resident $ 2,000.00 Weekly Retail Spend Per Employee $ 120.00 Weekly Restaurant spend per employee $ 60.00 The estimations for internet sales were derived using City of Fayetteville internet sales tax data and are consistent with other estimates shown to the City Council. Residential grocery, entertainment, and eating out sales per resident were derived from the Bureau of Labor Statistics for the Fayetteville MSA. Final Notes: The development is consistent with the City's Future Land Use plan designated in City Plan 2040 as an appropriate place for added housing. The project and coming projects being iterated in the master plan also host ample economic benefits for Fayetteville, though not calculated in this estimate. Uptown Fayetteville, and Fayetteville as a whole, stand to benefit a great deal from the addition of these housing units on this parcel. Lastly, the economic revenue estimations do not explore other induced economic benefits which the City and surrounding area could see in wake of this project. This development will serve as a further catalyst for investment in the area, helping to build another key growth -node in conjunction with our growth - concept map. CityClerk From: Sent: To: Cc: Subject: Attachments: Categories: Good morning, CityClerk Thursday, August 6, 2020 9:17 AM Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Jerry Hogan FW: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan Closing Railroad Crossing on University Avenue to Vehicular Traffic.docx Forwarded Please see the attached document from Jerry Hogan. Thank you, K cwctl Paxtowv City Clerk Treasurer City of Fayetteville, Arkansas kapaxtonCo�fayetteville-ar.gov T 479.575.8323 CITY OP FAVITMPI LEI *�KA,M�I,1A From: Jerry Hogan <jbhogan22@hotmail.com> Sent: Thursday, August 6, 2020 8:20 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Fw: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, Kara. I think I originally sent this email to the wrong email address. Sorry. Jerry From: Jerry Hogan < bhogan22@hotmail.com> Sent: Wednesday, August 5, 2020 8:50 AM To: kapaxton@fayet, lie-ar.gov <' ,axton@fayett _ > Subject: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan Good Morning, Kara, Each time 1 send one of my "positions" or "objections" to you for the mayor and city council 1 intend it to be my last but something always seems to come up. The attached file is the standard cover letter and a very brief objection to closing off University Avenue at the railroad crossing to vehicular traffic. Would you please distribute this information to the mayor and city council? Thank you, Jerry Hogan 1984 N. East Oaks Dr. #2 Fayetteville, AR 72703 479-521-5314 jbhot an_''n hotmaiLcom 2 For: Mayor Lioneld Jordan and the Fayetteville, AR City Council — Thursday, August 6, 2020 From: Jerry B. Hogan, 1984 N. East Oaks Dr. #2, Fayetteville, AR, 479-521-5314, jbhogan22@hotmail.com Topic: Closing of railroad crossing on University Avenue to vehicular traffic Summary: I oppose closing the railroad crossing to vehicular traffic Contents: Two points in opposition to the closing of University Avenue — 1 page Please note: these notes reflect my personal opinion as a citizen of Fayetteville. I do not speak for anyone else or any organization. Thank you Jerry B. Hogan I oppose closing University Avenue at the train crossing to vehicular traffic for the following reasons: 1) The people living on University south of Center will be deprived of a convenient and direct outlet to Prairie Ave and MLK Blvd. This would cut them off from the Neighborhood Market at MLK and Government Avenue and to the businesses along Prairie as well shutting them off from a back way to the expanding FPL. Also, I assume some day we will need a light at Govt. and MLK and this would allow a direct line of traffic from Prairie down Government to the National Cemetery. 2) From a historical perspective — this sort of jogging road runs from Dickson Street all the way to 15th Street (given the current difficulty of crossing MLK there at Government) — it connects our historical Evergreen Cemetery with the National Cemetery and the entire length of the road from Dickson to the National Cemetery was once known as Cemetery Road. I would advocate for leaving this crossing open to vehicles so that the potential flow of traffic is not impeded by making this a dead end. City of Fayetteville Staff Review Form 2020-0413 Legistar File ID 6/2/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/14/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 32,892.43, for a Total Budget of $750,000. Budget Impact: 4602.860.7220-5809.00 Streets Project 2019 Bonds/Street Improvements Account Number 46020.7220 Project Number Fund Futrall/Gregg and Shiloh/Gregg RR Xngs Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 20,000.00 $ 1,734.96 i $ 18,265.04 $ 750,000.00 $ 750,000.00 $ 18,265.04 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE W4ff ARKANSAS MEETING OF JUNE 2, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: May 13, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 32,892.43, for a Total Budget of $750,000. RECOMMENDATION: Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad crossing near Shiloh Drive and Gregg Avenue. Staff also recommends approval of the budget adjustment to fund the cost of the railroad crossing agreement and associated costs of roadway and traffic signal modifications to complete the railroad crossing, including a contingency of $32,892.43. Total project cost including contingency is $750,000. BACKGROUND: The extension of Shiloh Drive has long been on the City's Master Street Plan, to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive. This project was identified as a priority project in the 2019 bond program, as opportunities to partner with developers of the property arose. The connection will provide a more direct access from the property to the Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the railroad and Gregg Avenue. DISCUSSION: AMRR has presented two agreements to the City. The first, a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing, including: • The City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing. The estimated cost of the crossing installation is $558,082.57. • The City agrees to close the existing unimproved crossing at University Avenue. • The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for basic maintenance and wear and tear. • The City and the AMRR agree to equally share the cost of repairs or major maintenance. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The second, an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. In addition to these agreements, construction of the roadway connection from the railroad to Gregg Avenue and modification of the signal to accommodate the 4th leg of the intersection and connect to the railroad signal are the responsibility of the City. The estimated cost of these improvements is $159,025. Finally, a contingency of $32,892.43 is recommended for unforeseen costs of the railroad crossing and/or the roadway/signal work. BUDGET/STAFF IMPACT: As noted above, the total project estimate is: Agreement with AMRR: $558,082.57 Roadway/signal work: $159,025 Contingency: $32,892.43 Total: $750,000 Funding for this work will come from the 2019 Transportation Bond Program. The original allocation in Phase 1 was $1 million for two proposed signal crossings; the total for the two is now estimated at $1.5 million; the additional $1.5 million will come from contingency funds set aside in Phase 1 of the Bond Program. Attachments: New Railroad Crossing Cost and Maintenance Agreement Easement Agreement Estimate for Roadway and Signal Improvements Project Vicinity Map Vicinity Map of Crossing to be Closed NEW RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT This Agreement, made and entered into this day of , 2020, by and between the City of Fayetteville, Arkansas (hereinafter "City") and The ArkansV>4 Missouri Railroad Company, (hereinafter "AMRR"), WITNESSETH: WHEREAS, City is in the process of planning a new crossing at Shiloh Drive within the City limits at railroad milepost 349.30. The City proposes, for the benefit of the public, to add this crossing, pursuant to the Site Layout attached as Exhibit 1, and remove in its entirety, existing crossing at University Avenue, and WHEREAS, it is understood that the contemplated crossing will be financed solely from funds appropriated by City and expended under its regulations. NOW, THEREFORE, in consideration of the covenants and agreements contained in this agreement, subject to the provisions of the recitals above, it is agreed by and between the parties hereto as follows: l . AMRR has provided an estimate for the cost of the crossing upgrade which is attached as Exhibit 2. This estimate does not include any track or railroad work required during utility installation - which is not subject to estimation at this time. The parties understand that the estimate is $558,092.57 and the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both parties further acknowledge that any materials or crossing equipment supplied by the City shall be considered a part of the consideration of this agreement. Upon final completion of the project, all said materials and crossing equipment shall become the property of AMRR. 2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging Services Agreement for railroad track protection, including, but not limited to, railroad flagging which is charged at the rate of $95 per hour. A Flagging Services Agreement will be executed simultaneously with the execution of this Agreement. 3. Insurance. During upgrade construction, City shall ensure that any contractors they employ to perform work on the project in question will maintain a general liability insurance policy, the limits of which will be not less than Three Million Dollars ($3,000,000) per person, Five Million Dollars ($5,000,000) per accident and Three Million Dollars ($3,000,000) for property damage. The policy shall name AMRR, its successor or assigns and City as insureds. Such policy shall contain a clause that the insurer will not cancel or change the insurance without giving AMRR, City, or their successors or assigns ten (10) days prior written notice, and a certificate of such insurance shall be delivered to AMRR prior to the inception of the construction of the crossing. 4. Maintenance and Repairs. The parties acknowledge that the crossing and equipment will require maintenance and repairs due to normal wear and tear and possibly damage from accidents, negligence or acts of nature. The City will not be liable for any damages caused solely by the negligence of AMRR. ' If damages are caused to the crossing and/or equipment by the acts of 3r' parties, AMRR and the City,*ill coordinate to pursue any cause of action against said 31 parties to recover the costs of repairs ppd any amount recovered will be applied accordingly. City will pay an annual crossing maintenance fee of $7,500 effective upon execution of this Agreement and on each anniversary date thereafter for so long as the crossing remains open. On each anniversary date, the annual maintenance fee will increase by 2%. The annual maintenance fee will cover regulatory testing, basic maintenance and general wear and tear. Otherwise, City and AMRR will each be responsible for 50% of any capital expenditures for the equipment and the crossing surface. Except for emergency repairs, AMRR will give the City one hundred eighty (180) day written notice of any needed repairs or maintenance and the amount thereof. The crossing shall be maintained as specified above until such time as the parties mutually agree otherwise or upon a date certain that the crossing should be closed. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be modified or amended orally. 6. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Arkansas. 7. Binding Effect The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective heirs, successors and assigns. 8. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this/_ day of 2020 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 441h= Title STATE OF ARKANSAS CITY OF FAYETTE LE, ARKANSAS ``���C�ERhr. •?���,� ���y.•�GITy •�5�'• _ FgyE7T Si9rtature t EVl(� •^ Vi arc, Pr,,Aa n •q•gNc� .•' ,. '''�9iy/ �k � Prim Name • • •' C����`• Title ACKNOWLEDGMENT COUNTY O ) Otv n this �� day of 2020, before me, the undersigned, a Notary Public, duly commissioned. qualified, and acting,OA ithin and for said County and State, appeared in person, _Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of the City of Fayetteville. Arkansas, and further stated and acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. BRA/VS My Commission Expires: \ NCJ litl I .���.'Ps�ONi1��'����� 6'9i • i Notary Public :moo` NoTAgy moo; �.1-dam =�• :N= • Q= �Z• !'UBLIG •�_ i0 �COUTA ARKANSAS & MISSOURI RAILROAD COMPANY Approved by: Signature CAREN L. KRASKA Print Name President Title ACKNOWLEDGMENT STATE OF ARKANSAS ) )H COUNTY OF W Q I A "' ery n) * -. On this 1 S day of Mle �4 , 2020, before me, the undersigned, a Notary Public, duly commissioned, qualified, and acting, within and for said County and State, appeared in person, CAREN L. KRASKA, to me personally well-known who stated that she is the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. My Commission Expires: ¢ITS ANDRF NOTARY PUBLIC Comm. It 12365395 My Comm Expires Mar 17, 2028 SrRNW'Sp5`�w 1, OFAflKAN �% Notary Public 4 DISTANCE FROM SHUNT TO SHALOM TRACK WIRE MIN.—_—� 120' MIN.—__....__..___. MIN SfRLOH DRIVE DISTANCE FROM SHUNT TO SHIL.OH TRACK WIRE ... — a— O•— Y—• r— r— r-- p— r-�• r— r r— r— r-- a— r•— a Y — w— r-- p-- a— a r— SHILGH DRIVE To FUTRALL DRIVE OMIT NGR 430 H7 SSE —r-r FT90C uo XP4 131�C' �e F Inu.L II IY TR Q n 630 H7f 7.7 KHi M rr-r i�'cwzc:m, 7�L/o-� r _ ar � PED�GIIF�IA PED GATE__/34 it VAN r . r IF/R su Y-s 1940' MPR.a I TE t 100'- E�➢PR AC POMFR _ _______fie• a-1-a- 6x6 DUNGALOW 1 APPRf:ACH LID WARNING %p4 raACE , TIME cALcuurKlN M"MUM 11ME 20 SFC PLUS CIFARANI TRAr O SEC MiNuJM WARNING TRAE (MWT) 20 ,FC PLUS 8u/'TER TIME S SEC TOTAL WARNNO 1MAE (TWT) 2n SEC PLUS FOVIPMEW RESPONSE TIME S SEC SE PLUS AWANCt Wit-EMPINN 144E N/AL ^APPRCMCM TOTAL TIM (TAT) JO gC MAxANM iRNN SPECD T� WN �TRArs w,iw as rt�sEc In MPS r 4ae7 TOTAL (M4lY m) APPR6ICN DLSTANa T: i7oa' SIGNAL S' ALL LIGHTS TO BE LE.D EXHIBIT I GATE 01 = 26' CABLE RUNS. GATE 02 - 16• G = ICi6/7C%14 U.G. PED CATE /1A 7• C .. SC/6 U.[; PED GATE /2A 7• PED GATE 13A 7• P 3L#6 U.G PED GATE 04A 7 T = 2C/6 TWISTFD PAIR U.G. CANTILEVER 01 21' GREGG STREET 4tCT%� f ARKANSAS S ML�SOURI l�,/Y1C RAII.ROACI 1601 CAMP BOWIE. W bLv �.'• FORT WORTH, TX 76116 (817) 886-8210 _ WWW,CTCINC.COM - t6 14AV#S4S9M/SS©UPS'/ BA/LNOAO Arkansaas & Missouri Railroad 306 E. Emma Ave Springdale, AR 72764 To: City of Fayetteville Atnn: Chris Brown Job: Shiloh Rd Fayetteville AR. Item # Qty Description Material 1 65 1 151b Concrete Panel Material 2 50 10' Crosstie 3 160 1 15# Relay Rail 4 100 5.5" Base Pandrol Tie Plate 5 200 Pandrol Clips 6 4 Railroad Spikes 7 200 5.5" Anchors 8 4 115 New / 1 /4 worn Trans Rails 9 8 1 15# Thermite Welds 10 125 Ballast Truck Load Labor 1 1 CWS - CTC Quote (Material & Labor) 2 1 Contractor Labor (Track Contractor) 3 1 Project Management/Admistrative 4 100 MOW EIC of Track Protection 5 20 Surfacing Crew 6 16 1-10-Ton Truck 7 16 1- Dump Truck w/Driver Prepared by: Houchin Date: September 18, 2019 Unit Unit Price Line Total Ft $200.81 $13,052.65 Each $90.50 $4,525.00 Linear Foot $1,100.00 $176,000.00 Each $24.00 $2,400.00 Each $2.95 $590.00 Kegs $75.00 $300.00 Each $2.95 $590.00 Each $970.00 $3,880.00 Each $198.10 $1,584.80 Tons $17.00 $2,125.00 $205,047.45 Freight $1, 250.00 10% O/H $20,504.75 Tax C 9.75% $19,992.13 Subtotal (material) $246,794.32 Lump Sum $270,488.25 $270,488.25 Lump Sum $17,500.00 $17,500.00 Lump Sum $5,000.00 $5,000.00 Hour $95.00 $9,500.00 Hour $200.00 $4,000.00 Hour $150.00 $2,400.00 Hour $150.00 $2,400.00 EXHIBIT 2 Subtotal (labor) $311,288.25 Total RAILROAD CROSSING EASEMENT AGREEMENT This Agreement, made and entered into this /ii day of 444 2020, by and between the City of Fayetteville, Arkansas (hereina "City") and The Arkansas and Missouri Railroad Company, (hereinafter "AMRR"). WITNESSETH: WHEREAS, City is in the process of planning the construction of an extension of Shiloh Drive within the City limits that would cross AMRR's tracks. The City proposes, for the benefit of the public, to install a new crossing at said location, pursuant to particular plans and specifications to be agreed upon by the parties; and WHEREAS, the Easement is defined on Exhibit 1 and incorporated herein by reference: and WHEREAS, it is understood that the contemplated crossing will be financed from funds appropriated by City and expended under its regulations as established under the terms of a Crossing Agreement executed separately by the parties. NOW, THEREFORE, in consideration of the covenants and agreements contained and subject to the provisions of the recitals above, it is agreed by and between the parties hereto as follows: 1. The City and AMRR have caused to be prepared plans and specifications for the project. Attached as Exhibit 1 is the proposed plan. The parties acknowledge that this schematic drawing contains certain requirements and restrictions with regard to the construction in, near and around the Railroad and the City agrees to be bound by all of these requirements and restrictions contained in the plans, specifications, coordination notes and the separate Crossing Cost Agreement. 2. AMRR has provided an estimate for the cost of the crossing. The parties understand that the estimate is $558,082.57 and the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. 3. The cost (labor and material) for installing the new crossing will be born by the City pursuant to the Crossing Cost Agreement. Page 1 of 5 4. After completion of the project, the Parties shall bear the expense of the maintenance, inspection, capital costs and operation of the crossing per the terms of the separate Crossing Agreement or any amendment thereto, so long as it is to be maintained as a crossing over the railroad or until it is mutually agreed between the parties that the project is no longer needed at the crossing or until the crossing is abandoned by AMRR or City, or other legal requirements making it necessary to cease operations and maintenance of the project. At that time, materials purchased and installed for the project may be moved to other locations on AMRR's lines within the States of Arkansas or Missouri or otherwise disposed of or sold by AMRR. 5. Limitation on Grant. This Easement does not grant to City the subsurface of any easement area, all such rights and privileges being reserved to AMRR. 6. Indemnification. The CITY OF FAYETTEVILLE shall cause any contractor employed by it or engaged by it to construct the improvements contemplated by this agreement to assume any and all liability for injury to or death of persons, all loss or damage to property, in any manner arising from or during the construction of the improvements contemplated by this agreement, however, such injury, death, loss, damage or destruction as aforesaid may occur or be caused. The CITY OF FAYETTEVILLE shall further cause any contractor engaged by it to construct the improvements contemplated by this agreement to indemnify and save and hold harmless the ARKANSAS & MISSOURI RAILROAD COMPANY from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs and expenses arising or growing out of or in connection with such injury, death, loss, damage or destruction as aforesaid, which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY incurs defending itself, including attorney fees and expenses. 7. Insurance. In further consideration for the grant of this Easement, City shall acquire a policy of liability insurance which shall insure AMRR in the amount of fifteen million dollars ($15,000,000) from liability for injury or death to persons or damage to property arising from any persons using the crossing described on Exhibit 1, whether injuries are caused by the operation of the trains by AMRR or otherwise. At the option of AMRR such policy shall either name AMRR as a named insured or an additional insured of such policy. Said policy will be kept in full force and effect during the existence of this Easement and shall continue to insure AMRR for incidents arising during the existence of this Easement and until the crossing is terminated or abandoned per the terms of paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to approval of AMRR and shall provide for notice to AMRR not less than 30 days of cancellation of such policy. 8. If any portion of this Easement or any provision in this Easement shall be found to be invalid or unenforceable, the remaining provisions shall continue to be fully effective and enforceable, and both parties consent to the modifications of this Easement in any manner as a court may deem necessary to preserve the grant of easement contained herein. Page 2 of 5 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be modified or amended orally. 10. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Arkansas. 11. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective heirs, successors and assigns. 12. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. IN WITNE S WHEREOF, the parties have hereunto set their hands and seals this day of 2020. --T7 Page 3 of 5 CITY OF FAYETTEVILLE, ARKANSAS ����rrrrrrrrr `��`F ��• Y T R� '�`'G�.. SignatureCACa eajl,(�(-2n .• CF �'.p� FAYETTEVILLE ' PrintName arne oil ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this day of 2020, before me, the undersigned, a Notary Public, duly commissioned, qualifie and acting, within and for said County and State, appeared in person, Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of the City of Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. Notary Public 0�5; �oN #I?sg•;� 0� . My Commission Expires' -AA r •� � • a: i PUBLN 'ON ,O` N`` `�� Page 4 of 5 ARKANSAS & MISS}OURI RAILROAD Approved pp oved by. Signature Caren L. Kraska Print :'Fame President Title ACKNOWLEDGMENT STATE OF ARKANSAS } COUNTY OF W AS4►1 -Si-- On this day of � 2020, before me, the undersigned, a Notary Public, duly commissioned, qualified, Ad acting, within and for said County and State, appeared in person, CAREN L. KRASKA, to me personally well-known who stated that she is the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. My Commission Expires: f*y1+c2c. ,,A t q I -;I, a .Z.(1, ---G'l�'�G►.�;�4 S. Cam,.-��-� �.�-,. Notary Public Page 5 of 5 11,1111III,,' PSANO�g0/s NOTARY PUBLIC Comm. M 12365395 _ My Comm Expires Mar 17, 2028 5 OF: ARO l" 11111%% DW. F. SW M SH4OH TRACK IW DISTNCE FROM SHUNT M SHMM MIN WIRE 120' MIN._—.__. I too. - ------ -50' WN WN. SHILOH DRIVE SWOHDME FUTRAU DRIVE xlCMT 430 HZ. WAR "su 72 r L f I vm ASCK (w It X !L a NO DJNGAJN Iw [---T 'AD &MIN XP4 ll;pl"—lcC"ULAII0N PLUS CU-k-AWE 71ME -0 SEC] WNWUM WARNING PLUS -DWMRTWE- 1 5 SECI G nME (TVP) 25 SEC F-LV5 CQUWIIEml RESPONSE 1*& 6 smi t M. speco !1MF4 RAW Of tf/SEC to DIST—C Im Rj 630 KZ/7.7 KRZ RI IF 4W* W H5 T. Tall A FA. A 1100' APPR. ALL LIGHTS TO K L.E.D. CAE CATS pi - 26, GATE 02 - 18 EXHIBIT I G 7CI6/7C#14 U.G. PED GATE PA 7' PM GATE 2A 7' C bcf: U.G PED GATE 13A r p 30 U.G PED GATE j4A 7- T 2C#8 TWISTED PAIR U.G. CANTILEVER 1111 21 GREGG STREET 4tCTC-- 601 CAW' HOWIE W bLvi FORT WURIH, 11( 16111, (617) 886-8210 Nwww.CTcIK.COm ARLANSAS & WSSOM MaPDAD SHILOH DRIVE FAYETTEVILLE ARKANSkS City of Fayetteville rI Shiloh Drive Railroad Crossing FAYETTEV I L L E Preliminary Cost Estimate ARKANSAS 10/10/2019 ITEM DESCRIPTION QTY. UNIT UNIT COST 1 Mobilization 1 LS x $ 7.000.00 = $ 2 Insurance and Bonding 1 LS x $ 10,000.00 = $ 3 Construction Control (Staking) 1 LS x $ 3,000.00 = $ 4 Traffic Control & Maintenance 1 LS x $ 5,000.00 = $ 5 Erosion Control 1 LS x $ 4,500.00 = $ 6 Clearing, Grubbing, & Demolition 1 LS x $ 6,000.00 = $ 7 R&D Existing Curb and Gutter 150 LF x $ 10.00 = $ 8 Unclassified Excavation 200 CY x $ 18.00 = $ 9 Select Embankment 175 CY x $ 25.00 = $ 10 Embankment 50 CY x $ 20.00 = $ 11 Subgrade Preparation 260 SY x $ 5.00 = $ 12 4" Topsoil Placement 300 SY x $ 6.00 = $ 13 Solid Sod 300 SY x $ 5.00 = $ 14 Class 7 Aggregate Base Course 120 TON x $ 40.00 = $ 15 HMAC Surface Course (PG70-22) 40 TON x $ 100.00 = $ 16 HMAC Binder Course (PG70-22) 40 TON x $ 100.00 = $ 17 18" Concrete Curb & Gutter 195 LF x $ 20.00 = $ 18 4" Concrete Sidewalk w/Class 7 Base 85 SY x $ 50.00 = $ 19 Striping 1 LS x $ 10,000.00 = $ 20 Traffic Signs 1 LS x $ 2,500.00 = $ 21 Traffic Signal Modifications 1 LS x $ 75,000.00 = $ EXTENDED COST 7,000.00 10, 000.00 3..000.00 5,000.00 4,500.00 6,000.00 1,500.00 3,600.00 4,375.00 1,000.00 1,300.00 1,800.00 1,500.00 4,800.00 4,000.00 4,000.00 3,900.00 4,250.00 10, 000.00 2,500.00 75.000.00 Total Estimated Construction Costs $ 159,025.00 Contingency (20%) $ 31,805.00 Sub -Total $ 190,830.00 Railroad Costs $ 558,082.57 Total Estimated Project Cost $ 748,912.57 Page 1 of 1 PROPOSES SHILOH MFIWE RAILFROAE3 CROSSING for the City of Fayettevi I le MAY 2020 _ M4f i+4Rwr CR54 SHILOH CROSSING P,6. , t i _ �) WrRRbR Roan WPs If>ti e H • t]„ i 5 � w ;' Y134 1P; � J•A: RR tb :vx. s,ro.a ` � i •5 ..G ,.. S JwM a.�ur�n VICINITY MAP 0 .a R,mfe.uR cage <�.,r e North HJIs ooR medical Pork b'J e'er 0' z Rn,m e s w ra O R. MHRF '; la x:: � '�✓ sn.. Fav'fRR)Ra=ie Ent J-0— 2-1 �RIRenR HRo.th ' 1 .IR � E e JJ Emu cp ll y, S CITY OF ._ FAYETTEVILLE ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 RAILROA13 CROSSING REMOVAL S UNIVERSITY AVE for the City of FayetteNA 11e lid_Yf_� OW11 . iL.0 t,n" p - � s M<Wow SV<er Nea Meayq. �I� OIA M1«., 1 • , I lml er 5lreer GCt ia` GM1Mv y wev Cvryn StrM Z eD5 gt' 3 .I esnr•arl ineel 1 •'Knnwty .W v aore 1 ,uterre„ee e 5r.eer CROSSING t MtClrnta' .�mr�rtrvry REMOVAL } �. wev ewaoy awre,ra„ N / ma Iv • J 4ap,e / W 3Gl 30'. ar r09 Ark f r,3 weN SeuM1 Snelt x5 .36] i a. 3 .5, We 3.J ,15 :fM - SS) 3r3f. �• � • J S • � I � I _`_�/ FoyertrvJ3e Jab�J„ • 5,. „ o wnum to ' High School ;`. .15 / J55 .. '•p 3�I Je5 J39 i Wne3sn - Neallmenl5 � V.r�banrvM �3 weN San Sven l.. rna — JfNIIYt •, n J:s � :.. U � n. 5 I N<53 5tn $U!!ly IC• I — •� ..-.-____Ae tep Mk><Ma�RltllWyr — 5, •d r' r .r] fml��aN • S + 9 . u � Vedrta+ � �i w <..,rtr •%• . q�5 nl td'W..e ~ ReSi� roc Crv�,r� $ernreil p � .. S ' ... west hn Sheee w... w. ..... .. �1C�l�il ►� _' CITY OF ._ FAYETTEVILLE ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575.8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 32,892.43, for a Total Budget of $ 750,000. RESOLUTION/ORDINANCE COUNCIL DATE: 6/2/2020 LEGISTAR FILE ID#: 2020-0413 Matthem Ma dd o-w 5/14/2020 12:25 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 6/2/2020 CHKD/POSTED: TOTAL - - v.20200324 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4602.860.7220-5809.00 717,108 - 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 32,892 - 46020 7220 EX Contingency - Capital Project 4602.860.7999-5899.00 (750,000) - 46020 7999 EX Unallocated - Budget HABudget Adjustments\2020_Budget\City Council\06-02-2020\BA 2020-0413 Shiloh Railroad Crossing 1 of 1 Lm B[RMS34.1 3 STORY TOWNHOUSE 5STORY 6STORY 4 STORY WlI UGKUNDL 14AME R W/PRIVATE 2 CAR GARAGES WD DECK DIRECT ACCESS BERMS (N 41 6 STORY __ WI1AP - _ - N. GREGG AVE. m,c KID,ADULT POOLS II , 5000 SF CLUBILEASING 5 STORY WD _ s FRAME WRAP o' u ' DEVELOPMENT -WIDE It 75W SF FITNESS it II J L „> 6 STORY DECK � h d DEVELOPMENT -WIDE 7500 SF CLUB WATER FEATURE/ I - ARTWORK - 5 STORY WD FRAME WRAP 4500SFCLUBILEA.RING W/6STORY _ PARKING DECK 3 STORY TOWN HOUSE W/ PRIVATE 2 CAR GARAGES R 6___ q 4 STORY ! PARCEL L: DECK -6 STORY WOOD FRAME WRAP (1 PHASE) 375 UNITS - -W16 STORY PRECASET GARAGE - 10' AIRWAY 2 SIDES '`� SPACES STRUCTURED GARAGE . 30 SURFACE PARALLEL HIKE AND 81KE TRAILS .560 TOTAL SPACES = 1.5A1N1T AROUND WATER FEATURE PARCEL M: DEVELOPMENT -WIDE & MP -5 STORY WOOD FRAME WRAP (1 PHASE) - 375 UNITS RETENTION WATER FEATURE -W, 6 STORY PRECASET GARAGE -10' AIRWAY 2 SIDES -500 SPACES STRUCTURED GARAGE+ 60 SURFACE PARALLEL 10 3 STORY TOWN HOUSE UNITS W/2 CAR GARAGES ` Q .20 PRIVATE GARAGE SPACES w� -580 TOTAL SPACES = 1.54/UNIT P- ! 3 STORY WRUCKUNDER ' DIRECT ACCESS PARCELN: J .5 STORY WOOD FRAME WRAP (1 PHASE) - 375 UNITS i -Wl6 STORY PRECASET GARAGE - 1 O' AIRWAY 2 SIDES -577 SPACES STRUCTURED GARAGE . 45 SURFACE PARALLEL .622 TOTAL SPACES - 1 66lUNIT 2500 SF CLUB/LEASING PARCEL O: a - 5 STORY WOOD FRAME WRAP 0 PHASE) - 375 UNITS - W, 6 STORY PRECAST GARAGE - 10' AIRWAY 2 SIDES - 680 SPACES STRUCTURED GARAGE .60 SURFACE PARALLEL - 10 3 STORY TOWN HOUSE UNITS W/ 2 CAR GARAGES - 20 PRIVATE GARAGE SPACES -660 TOTAL SPACES = 1.76/UNIT 0 O PARCEL P: WATERFEATURE, ARTWORK - 3114 STORY WOOD FRAME W/ DIRECT ACCESS PRIVATE GARAGES 9 - W/4 STORY PRECAST PARKING DECK 225 UNITS �- - 300 SPACES STRUCTURED GARAGE .50 SURFACE PARALLEL S - 56 DIRECT ACCESS GARAGES . 55 TANDEM - 450 TOTAL SPACES . 2A)NIT PARCEL R: 3 STORY W(TUCKUNDER - 3 6 4 STORY WOOD FRAME Wl DIRECT ACCESS PRIVATE GARAGES DIRECT ACCESS - W/ 5 STORY PRECAST PARKING DECK 350 UNITS ` . 353 SPACES STRUCTURED GARAGE .135 SURFACE 6 PARALLEL 71 DIRECT ACCESS GARAGES ♦71 TANDEM ACESS BRIDGES - 630 TOTAL SPACES = 1.S/UNFT 2500 SIF CLUBILEASING ,�- 5 STORY DECK N 4 STORY WRUCKUNDER DIRECT ACCESS / % \ \ s M ` c n ov c 4 1` cc LD L'1 U: TO NORTH stuLwT[cT CITY OF FAYETTEVILLE . ,. ARKANSAS MEETING OF AUGUST 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: August 12, 2020 CITY COUNCIL MEMO SUBJECT: Item 2020-0413 Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 41,917.43, for a Total Budget of $600,000. RECOMMENDATION: This item was tabled indefinitely at the June 41h, 2020 City Council Meeting pending resolution of questions from the City Council regarding closing the crossing at University Avenue and regarding the economic benefit of the proposed crossing. Amendments to the ordinance approving the contract and other information in answer to these questions was provided at the August 4tn meeting. Further questions at that meeting resulted in further revisions to the proposed ordinance and budget. BACKGROUND: The extension of Shiloh Drive has long been on the City's Master Street Plan, to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive. This project was identified as a priority project in the 2019 bond program, as opportunities to partner with developers of the property arose. The connection will provide a more direct access from the property to the Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the railroad and Gregg Avenue. DISCUSSION: AMRR has presented two agreements to the City. The first, a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing, including: • The City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing. The estimated cost of the crossing installation is $558,082.57. • The City agrees to close the existing unimproved crossing at University Avenue. (This item is under discussion with the railroad). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for basic maintenance and wear and tear. • The City and the AMRR agree to equally share the cost of repairs or major maintenance The second, an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. Previous versions of this ordinance included approval of additional funding for roadway and signal installation by the City. These items have been removed from the budget, and will be deferred until the time of development. A determination of appropriate contributions by the developers for the cost of the roadway and signal work will be made by the Planning Commission, and a cost share agreement for any portion of the work to be paid by the City will then be brought forward to the City Council. With regard to the University crossing, staff has revised the clause stipulating the crossing alternative to read: "A design and schedule for construction of an alternative to the crossing at University Avenue for pedestrians and bicycles is approved by the City Council; said schedule to minimize disruption of bicycle and pedestrian traffic to the greatest extent possible..." This is to address the concern about a time gap in closure of the existing crossing and installation of the alternative crossing. Secondly, the City Council questioned the need for this crossing, and asked about economic benefits. At this time, a proposed apartment development consisting of over 2000 units is planned for the 40 acre parcel at the corner of Van Asche and Gregg Avenue, that would directly access the proposed crossing. A master plan for the surrounding properties indicates a mix of development types that would provide a range of housing, services, and employment opportunities. The first phase of the apartment development is anticipated to include 300 to 350 units; the proposed ordinance language includes requirements for City approval of a development plan for a minimum of 300 units prior to the Mayor's execution of the railroad agreements. The City will begin to recapture of the cost of the rail road crossing during construction of the apartment development. This single housing project has the potential to provide sales tax revenue to recapture the remaining portion of the City's expenditure in as few as nine months once opened and units are occupied. This time frame could be expedited if other components of the master plan, such as restaurants, or employment opportunities begin development or are announced during the first year. 1119lei=1 03�\YJPJ1JT01a As noted above, the total project estimate is: Agreement with AMRR: $558,082.57 Contingency: $41,917.43 Total: $600,000 Funding for this work will come from the 2019 Transportation Bond Program CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 17, 2020 STAFF MEMO SUBJECT: Economic Revenue Estimations: Catalytic Project for Shiloh Railroad Crossing DISCUSSION: This report was updated with a beginning phase of 300-325 units per the property owner's guidance. Within the report the three-year interval was recalculated, the five-year interval was not. The Shiloh Railroad crossing which was identified as a phase one bond project is not being built as a speculative connection, rather, it has a high -density multi -family housing project as it's catalytic project for a larger master planed development on the property. The forty acres to the immediate north of the railroad crossing was sold to a developer from central Arkansas in late 2019. As master planning continues, the first project which consists of 2,075 market rate dwelling units, not student housing, will be built through a series of phases. Once completed, the project would offer living units to over 2,600 residents at a minimum and generate sales tax north of $1,000,000 annually. The following report aims to provide a conservative view of direct and indirect sales tax from the stated uses. The revenue estimations shown in the report do not include revenue from building permit fees which would be north of $200,000 per phase. Nor does it include any induced economic impacts which would likely result from the development. Other developments in the near term are being planned, such as multiple restaurants. Revenue estimations for 15,000 sq. ft. of restaurants are not included in the phases below, which would add an additional $210,000 in sales and HMR tax annually to the project's annual revenue potential. This analysis looks solely at the high -density multi -family development planned for the first 39 acres, which will anchor the property. Base Item Units/Metrics Units in phase 1/Assumption of 400 units per phase after 32S Total planned units 2,075 Residents per phase Assumption of 25% of units per phase Cost per phase including infrastructure (materials are 70% of number provided) $30,000,000 Percent of materials purchased in Fayetteville 40% Units per acre total 53.20 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Economic Benefits: The project in question offers significant economic benefits through tax revenue to the City of Fayetteville, coupled with a substantial injection of Class -A multi -family housing stock in an area consistent with the City of Fayetteville's 2040 land use plan and growth -concept map. Using the base assumptions outlined above, City NAICS code tax breakdowns, and Bureau of Labor Statistics spending data, staff has developed the attached revenue estimation for the housing project. This economic revenue estimation shows the importance of adding housing supply to our community and the impact of the internet sales tax law further shows the added economic benefit housing units have in Fayetteville. Like most developments of this size, the project will be built in a series of phases, likely five total. The tables below outline the compounding sales tax benefits to the City of Fayetteville as phases are completed and occupied, starting with 300-325 units. The developer of the housing development is ready to move forward and begin phase one construction as soon as possible. Annual Compounding Sales Tax Estimation: Three-year intervals The figures below show compounding sales tax collections in three-year intervals. While the numbers vary due to the time frame in which they compound due to inflation, the project still holds ample opportunity to conservatively produce over $1,000,000 in annual sales tax revenue to the City of Fayetteville once complete. The figures are adjusted for inflation of 2.2% annually (please note year three was adjusted for inflation before being added into year one of the next phase). One of the largest drivers of the numbers is internet sales tax collections, which nationally and locally are growing at a much more rapid rate (15% in 2019 when compared to inflation of 2.2%). Internet sales tax collections will likely continue to climb at a much more rapid rate than inflation, reiterating staffs point that these numbers aim to be conservative. Annual Compounding Sales Tax Collection PHASE ONE (325 UNITS 407 RESIDENTS) YEAR 2 YEAR 3 $ 161,791.40 $ 165,350.81 $ 168,988.53 2.2% Inflation Annually $ 3,559.41 $ 3,637.72 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE TWO (725 UNITS 907 RESIDENTS) IYEAR 2 YEAR 3 $ 357,766.00 $ 365,636.85 $ 373,680.86 2.2% Inflation Annually $ 7,870.85 $ 8,044.01 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE THREE (1125 UNITS 1406 RESIDENTS) YEAR 2 YEAR 3 $ 566,962.00 $ 579,435.16 $ 592,182.74 2.2% Inflation Annually $ 12,473.16 $ 12,747.57 Sales Tax from Construction: $168,000 per phase Annual Compunding Sales Tax Collection PHASE FOUR (1525 UNITS 1906 RESIDENTS) YEAR 2 YEAR 3 $ 790,270.76 $ 807,656.72 $ 825,425.16 2.2% Inflation Annually $ 17,385.96 $ 17,768.45 Sales Tax from Construction: $168,000 per phase Annual Compounding Sales Tax Collection PHASE FIVE [+550 units] (2075 UNITS 2594 RESIDENTS) YEAR 2 YEAR 3 $ 1,091,194.52 $1,115,200.80 $ 1,139,735.22 2.2% Inflation Annually $ 24,006.28 $ 24,534.42 Sales Tax from Construction: $168,000 per phase Safes Estimates Municipal Saks Tax Estimates Estimated Internet Saks from (ResidentiaQ Estimated Taxes from Internet Sales 5 7.782.000,00 S 1Ss.64o.00 Estimated Grocery Saks from (Residential) Estimated Tax from Grocery Saks $ 7.807,940 00 5 156,158.80 Estimated Entertainment Saks from (Residential) Estimated Taxes from Entertainment Sales 5 6,-18S,000.00 5 129,700,00 Estimated Eating Out Saks from (Residential) Estimated Taxes from Eating Out s 5,188,000 00 5 207,520.00 Estimated Property Taxes to Fayetteville S 35,000 00 Estimated Retall Saks on site brick and mortar (Site) Estimated Taxes from Retail Saks (Site) - s Estimated Restaurant Saks on site brick and mortar (Ske) Estimates Taxes from Restaurant Saks (Site) - S - Estimated Emp"ee Retail Spend Estimated Taxes from Employee Retail Spend 624.000 00 S 12,48C 00 Estknated Employee Spend at Restaurants (Annuak) Estimates Taxes from Restaurant Saks (Employee Annually) 312.000 00 5 12,48C.00 Recapture of cost for Shiloh Crossing: ITEM COST Crossing Construction $600,000 Annual Cost $10,000 2% increase annual) Item Time Period Running Balance Initial Cost Construction Complete Annual Cost for three years Year 1-3 $ ' . TMO Phase 1 and 2 Construction revenue Year 1-2 $ (336,000.00) Phase 1 Year 1(325 units) Year 2 $ (161,791.40) Phase 1 Year 2 (325 units) Year 3 $ (132,812.60) Net Revenue Year 3 Year 3 $ 28,978.80 Phase 2 Year 1(725 units) Year 3-3.5 $ 357,766.00 Estimated Tax Revenue paying back Conservatively, the crossing would likely pay for itself by year three, however, it could be paid off sooner depending on the pace of development and continued escalation in areas such as internet sales tax. The addition of other developments, such as a restaurant, could shave as much as a year off the timeframe to recapture. Methodology and References: Base Item jUnits Units= 2,075 Residents in Housing 2,594.00 Employees onsite 1 100 Base Item Unit Internet Sales Per Person $ 3,000.00 Grocery Sales per resident $ 3,010.00 Annual Entertainment per resident $ 2,500.00 Eating out per resident $ 2,000.00 Weekly Retail Spend Per Employee $ 120.00 Weekly Restaurant spend per employee $ 60.00 The estimations for internet sales were derived using City of Fayetteville internet sales tax data and are consistent with other estimates shown to the City Council. Residential grocery, entertainment, and eating out sales per resident were derived from the Bureau of Labor Statistics for the Fayetteville MSA. Final Notes: The development is consistent with the City's Future Land Use plan designated in City Plan 2040 as an appropriate place for added housing. The project and coming projects being iterated in the master plan also host ample economic benefits for Fayetteville, though not calculated in this estimate. Uptown Fayetteville, and Fayetteville as a whole, stand to benefit a great deal from the addition of these housing units on this parcel. Lastly, the economic revenue estimations do not explore other induced economic benefits which the City and surrounding area could see in wake of this project. This development will serve as a further catalyst for investment in the area, helping to build another key growth -node in conjunction with our growth - concept map. CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 18, 2020 �_Iklu33",A "[e7 SUBJECT: Estimate for full recapture of the costs of both railroad crossings and annual costs DISCUSSION: Item Cost Shiloh Railroad Crossing $600,000 Futrall Railroad Crossing $550,000 Annual Cost for both crossings forthree years $61,208 Grade seperated University pedestrian crossing $500,000 Total $1, 711, 208 While the University crossing is attached to the agreement for the railroad crossing at Shiloh, there is no specific reason for its association other than how the agreements were drafted. As such, this memo aims to show full recapture of all costs, including the grade separated pedestrian crossing at University, using sales tax revenue from both projects (Shiloh and Futrall). Item Time Period Running Balance Initial Cost two crossings and underpass Construction Complete Annual Cost for three years Three years Revenue from phase 1 construction (both) Year 1 $ (619,500.00) Revenue from first year of phase 1 operation (both) Year 2 $ (582,163.40) Revenue from second year of phase 1 operation (both) Year 3 $ (9,544.60) Revenue from second year of phase 1 operation (both) Year 3 $ 585,427.21 Estimated tax revenue paying back This exercise continues to show the many ways recapture can be calculated and realized by the City -and the many moving variables which could influence it. Costs of construction materials, continued escalation of e-commerce sales, and the addition of additional developments are just a few examples. The table above outlines one such scenario where the developments could nearly pay for the costs by the end of the first year of operation and produce a large amount of revenue the second year of operation. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A RAILROAD CROSSING AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT SHILOH DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $41,917.43, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $600,000 WHEREAS, the extension of Shiloh Drive has long been a part of the Master Street Plan to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive; and WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the construction and maintenance of a new railroad crossing and the second an easement agreement; and WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance AgrQement, the City will reimburse AMRR for the full cost of labor and materials for installation of the,crossing signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be $558,082.57; the City agrees to close the existing unimproved crossing at University Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City and AMRR agree to equally share the cost of repairs or major maintenance to the new crossing; and WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR property for the crossing including a requirement that the City maintain an insurance policy in the amount of $15 million; and WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole power to authorize and construct new crossings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project contingency in the amount of $ $41,917.43 for a total estimated project cost of $ $600,000. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Section 3: Execution of these agreements shall not be authorized unless and until: a. A design and schedule for construction of an alternative to the crossing at University Avenue for pedestrians and bicycles is approved by the City Council; said schedule to minimize disruption of bicycle and pedestrian traffic to the greatest extent possible; and b. Approval of a preliminary plat or large scale development for the first phase of development with a minimum of 300 apartment units, with the posting of a bond to secure the construction of a connecting roadway to railroad crossing. PASSED and APPROVED thisAday of 020. AYPROVED. ATTEST: ����rrrrrr, �� •• G\T Y p�`9`sG•: BBy: FAYE EVILLE : z J AN, Mayor KARA PAXTON, City Clerk/Treasiller ORDINANCE NO. -� i AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A RAILROAD CROSSING AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT SHILOH DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $41,917.43Q�'�z-e° AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $600,000 750;40WN WHEREAS, the extension of Shiloh Drive has long been a part of the Master Street Plan to provide an additional access to approximately 130 acres of undeveloped property west of the railroad tracks and south of Van Asche Drive; and WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the construction and maintenance of a new railroad crossing and the second an easement agreement; and WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement, the City will reimburse AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be $558,082.57; the City agrees to close the existing unimproved crossing at University Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, for basic maintenance and wear and tear; and the City and AMRR agree to equally share the cost of repairs or major maintenance to the new crossing; and WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR property for the crossing including a requirement that the City maintain an insurance policy in the amount of $15 million; and WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole power to authorize and construct new crossings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project contingency in the amount of $32,8914-3 $41,917.43 for a total estimated project cost of $750;000:00 $600,000. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Section 3: Execution of these agreements shall not be authorized unless and until: a. A design and schedule for construction of an alternative to the crossing at University Avenue for pedestrians and bicycles is approved by the City Council; said schedule to minimize disruption of bicycle and pedestrian traffic to the greatest extent possible; and the City Couneil; and b. Approval of a preliminary platfr or large scale development for the first phase of development with a minimum of 400-300 apartment units, with the posting of a bond to secure the construction of a connecting roadway to railroad crossing. PASSED and APPROVED this -2day of 020. A ATTEST: . G\T Y 06W. ;A A FAYE EVILLE KARA PAXTON, City Clerk/TreasL—wer•; ��',95; • 'QkANSP •�' �tiN, O/ 0NC9``�� CLARK LAW FIRM AUGUST 17, 2020 Mayor Lioneld Jordan Fayetteville City Council 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: August 18, 2020 City Council Meeting Agenda Item B. 1— 2020-0413 Shiloh Drive Railroad Crossing Dear Mayor Jordan and Council Aldermen: 244 West Dickson Street, Suite 201 PO Box 4248 Fayetteville, Arkansas 72702-4248 Tel: (479) 856-6380 Fax: (479) 856-6381 Suzanne G. Clark sclark@clark-firm.com I am representing Mr. Keith Richardson, who purchased approximately 39 acres on the southwest corner of Van Ashe and Gregg in late 2019. He has been working with the City on plans for development of this property and has serious concerns regarding the recent delays associated with the planned Shiloh Drive Railroad Crossing ("Shiloh Crossing"). Mr. Richardson is requesting that you consider the financial harm to him, as well as to the City, in holding up the development of this property. Mr. Richardson is exactly the type of developer that Fayetteville should embrace. He has a decades -long history of building exceptional products, not only in the high -end multi -family housing market, but also in the affordable housing space. His developments, unlike many other multi -family developers, are not ventures to "build and flip." He develops, builds, and manages his multi -family communities. He owns a home in Fayetteville, and he is in it for the long haul. Mr. Richardson is making an extraordinary investment in our City —one that without question, not only addresses housing needs, but that will also generate significant tax revenue and spur additional growth. As Mr. Richardson was conceptualizing this project, there were two critical factors driving the decision: 1) the existing zoning of the property; and 2) access to the property via the Shiloh Crossing. Mr. Richardson did not contract to purchase the property until after the bond election, because the Crossing was included as a phase one project that was approved by the voters. His purchase contract was contingent on the City's commitment to complete Shiloh Crossing. Mr. Richardson closed on the property relying on the assurances he received from the City that it was moving forward with installation of the Crossing. MAYOR JORDAN AND CITY COUNCII. 17 AUGUST 2020 A(;r.NDA I'ri;lm B. 1 Page 2 of 2 Mr. Richardson has learned that two issues are now being considered as contingencies to any approval of the Shiloh Crossing: 1) a requirement that the City Council approve an as -yet - to -be determined acceptable option for pedestrians and bicycles at the current University Crossing; and 2) approval of a preliminary plan for the first phase of at least 300 apartment units, with the posting of a bond to secure construction of a connecting roadway to the railroad crossing. Mr. Richardson has no objection to the requirement for the preliminary plan or the bond. He is happy to provide those assurances to help facilitate approval of the Crossing. However, regarding the University Crossing contingency, passage of the ordinance containing that requirement risks holding up his development for a year if not indefinitely. We respectfully request that his development not be held hostage to address concerns in another area of Fayetteville. Refusing to move forward with the Shiloh Crossing is severely prejudicial to Mr. Richardson. He cannot reasonably develop the property without assurance that the property will be accessible. The carrying costs associated with this 39-acre site are obviously significant. The City's delays impose direct costs on Mr. Richardson. Imposing a contingency related to the University Crossing is not only unfair to Mr. Richardson, it is not in the best interest of Fayetteville. The impact fees alone for phase I of this project are between $800K-$900K and the street improvements that will be conveyed to the City upon completion of phase I are estimated at roughly $1,500,000. The sooner this project is underway the sooner Fayetteville experiences the benefits, not only in additional housing and tax revenue, but in the additional growth this project will undoubtedly generate. On behalf of Mr. Richardson, I would respectfully request you vote to approve the ordinance authorizing the Shiloh Crossing, either as originally drafted, or limiting amendment to approval of the preliminary plan with the proposed bond securing road construction. Thank you for your consideration of these concerns. I am requesting time during the public comment period to speak on Mr. Richardson's behalf, and Mr. Richardson will be available to address your questions. Sincerely, lam- I Suzanne G. C• ark cc. Mr. Keith Richardson ' City staff originally drafted the amended ordinance to require 400 units, which exceeds the phase 1 plan. It is our understanding that it has been modified to 300 units. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistal Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $41,917.43, for a Total Budget of $600,000. COUNCIL DATE: 9/ 1 /2020 LEGISTAR FILE ID#: 2020-0413 RESOLUTION/ORDINANCE Matthew Ma,ddo-w 811312020 2:47 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) GLDATE: 9/1/2020 CHKD/POSTED: TOTAL - - v.20200528 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4602.860.7220-5809.00 558,083 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 41,917 46020 7220 EX Contingency - Capital Project 4602.860.7999-5899.00 (600,000) 46020 7999 EX Unallocated - Budget Crossing 1 of 1 H:\Budget Adjustments\2020_Budget\City Council\09-01-2020\2020-0413 BA Shiloh Railroad CitvClerk From: Suzanne Clark <sclark@clark-firm.com> Sent: Monday, August 17, 2020 12:03 PM To: Mayor; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; citycouncil@matthewpetty.org; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: CityClerk; City -Attorney; Brown, Chris Subject: Shiloh Railroad Crossing Attachments: Richardson - Corr to Mayor & Council - 081720.pdf CAUTION This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mayor and Council. Please consider the attached with regard to Agenda Item B.1 for tomorrow's City Council Meeting. Sincere thanks, Suzanne Suzanne G. Clark CLARK LAW FIRM, PLLC 244 West Dickson Street, Suite 201 P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclarkCaclark-firm.com www.clark-firm.com ('4-F LARK . Send Me a Secure Email ConTdentialih' Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. CLARK LAW FIRM AUGUST 17, 2020 Mayor Lioneld Jordan Fayetteville City Council H 3 W. Mountain Street Fayetteville, Arkansas 72701 Re: August 18, 2020 City Council Meeting Agenda Item B. 1— 2020-0413 Shiloh Drive Railroad Crossing Dear Mayor Jordan and Council Aldermen: 244 West Dickson Street, Suite 201 PO Box 4248 Fayetteville, Arkansas 72702-4248 Tel: (479) 856-6380 Fax: (479) 856-6381 Suzanne G. Clark sclark@clark-firm.com I am representing Mr. Keith Richardson, who purchased approximately 39 acres on the southwest corner of Van Ashe and Gregg in late 2019. He has been working with the City on plans for development of this property and has serious concerns regarding the recent delays associated with the planned Shiloh Drive Railroad Crossing ("Shiloh Crossing"). Mr. Richardson is requesting that you consider the financial harm to him, as well as to the City, in holding up the development of this property. Mr. Richardson is exactly the type of developer that Fayetteville should embrace. He has a decades -long history of building exceptional products, not only in the high -end multi -family housing market, but also in the affordable housing space. His developments, unlike many other multi -family developers, are not ventures to "build and flip." He develops, builds, and manages his multi -family communities. He owns a home in Fayetteville, and he is in it for the long haul. Mr. Richardson is making an extraordinary investment in our City —one that without question, not only addresses housing needs, but that will also generate significant tax revenue and spur additional growth. As Mr. Richardson was conceptualizing this project, there were two critical factors driving the decision: 1) the existing zoning of the property; and 2) access to the property via the Shiloh Crossing. Mr. Richardson did not contract to purchase the property until after the bond election, because the Crossing was included as a phase one project that was approved by the voters. His purchase contract was contingent on the City's commitment to complete Shiloh Crossing. Mr. Richardson closed on the property relying on the assurances he received from the City that it was moving forward with installation of the Crossing. M.1YOR JORDAN AND CrI'Y COUNCIL 17 AUGUST 2020 AGr.ND.\ ITr.m B.1 Page 2 of 2 Mr. Richardson has learned that two issues are now being considered as contingencies to any approval of the Shiloh Crossing: 1) a requirement that the City Council approve an as -yet - to -be determined acceptable option for pedestrians and bicycles at the current University Crossing; and 2) approval of a preliminary plan for the first phase of at least 300 apartment units, with the posting of a bond to secure construction of a connecting roadway to the railroad crossing. Mr. Richardson has no objection to the requirement for the preliminary plan or the bond. He is happy to provide those assurances to help facilitate approval of the Crossing. However, regarding the University Crossing contingency, passage of the ordinance containing that requirement risks holding up his development for a year if not indefinitely. We respectfully request that his development not be held hostage to address concerns in another area of Fayetteville. Refusing to move forward with the Shiloh Crossing is severely prejudicial to Mr. Richardson. He cannot reasonably develop the property without assurance that the property will be accessible. The carrying costs associated with this 39-acre site are obviously significant. The City's delays impose direct costs on Mr. Richardson. Imposing a contingency related to the University Crossing is not only unfair to Mr. Richardson, it is not in the best interest of Fayetteville. The impact fees alone for phase 1 of this project are between $800K-$900K and the street improvements that will be conveyed to the City upon completion of phase 1 are estimated at roughly $1,500,000. The sooner this project is underway the sooner Fayetteville experiences the benefits, not only in additional housing and tax revenue, but in the additional growth this project will undoubtedly generate. On behalf of Mr. Richardson, I would respectfully request you vote to approve the ordinance authorizing the Shiloh Crossing, either as originally drafted, or limiting amendment to approval of the preliminary plan with the proposed bond securing road construction. Thank you for your consideration of these concerns. I am requesting time during the public comment period to speak on Mr. Richardson's behalf, and Mr. Richardson will be available to address your questions. Sincerely, q C&_4 Suzan- ne G. C ark cc. Mr. Keith Richardson City staff originally drafted the amended ordinance to require 400 units, which exceeds the phase I plan. It is our understanding that it has been modified to 300 units. CITY OF FAYETTEVILLE W4W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager Josh Boccaccio, Staff Engineer John Scott, Urban Forester MEETING: July 11, 2022 Updated with PC hearing results from July 11, 2022 SUBJECT: LSD-2021-000034: Large Scale Development (685 W VAN ASCHE DR./ POINTE FAYETTEVILLE APTS, 211): Submitted by JORGENSEN & ASSOC. for property located at 685 W VAN ASCHE DR. The property is zoned C-3, CENTRAL COMMERCIAL and contains approx. 38.72 acres. The request is for a 422-unit multi -family complex with associated parking. RECOMMENDATION: Staff recommends approval of LSD-2021-000034, with conditions. RECOMMENDED MOTION: "1 move to approve LSD-2021-000034 with conditions, determining: • In favor of recommended right-of-way dedication; • In favor of recommended street improvements; • In favor of compliance with Urban Residential Design Standards; • All other conditions as recommended by staff. JUNE 27 PLANNING COMMISSION MEETING At the June 27. 2022 Plannina Commission meetina. Commissioners voted to table the item in order to provide the applicant and staff additional time to discuss the proposed street improvements along the groposed connections to N. Shiloh Avenue and N. Roosevelt Avenue. The applicant retumed modified site plans with a reduced street section, but with the or000sed 92 feet of right-of-way dedication. BACKGROUND: The subject property is located in north Fayetteville, at the southwest corner of W. Van Asche Drive and N. Gregg Avenue. The property in question, 765-15773-004, is undeveloped, is zoned C-3, Central Commercial, and contains approximately 38.72 acres. The property is just west of the existing Arkansas Missouri railroad, and plans for a new railroad crossing are currently underway at the intersection of N. Gregg Avenue and N. Shiloh Drive. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Agricultural R-A, Residential -Agricultural South Undeveloped C-2, Thoroughfare Commercial East Single -Family Residential RSFA Residential Single -Family, 4 Units per Acre; C-2, Thoroughfare Commercial West Undeveloped I C-2, Thoroughfare Commercial Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 WWW4WMV&%ASq4ax July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 1 of 35 Proposal: The applicant proposes to construct a 422-unit multi -family development with associated parking. The applicant has submitted a variance to the typical master street plan standards for proposed street widths and right-of-way dedication, which is discussed further in the report. Right -of -Way to be Dedicated: The lot with the proposed development currently has frontage along W. Van Asche Drive and N. Gregg Avenue. The proposed structure is set back from the existing street frontages, and the applicant is requesting to dedicate 92 feet of right-of-way to connect to N. Gregg Avenue to the east (proposed N. Shiloh Drive), and 92 feet of right-of-way to the north to connect to W. Van Asche Drive (proposed N. Roosevelt Avenue). The applicant has requested a variance to the typical master street plan right-of-way at this location, since the amount of right-of-way dedicated would exceed what would typically be expected for a Neighborhood Link Street. Staff recommendation: In between the June 27 Planning Commission meeting and the July 11 meeting, the applicant provided additional evidence to staff to support the dedication of 92 feet of right-of-way for N. Shiloh Drive and N. Roosevelt Avenue. The proposed development on the table is the first phase of a multi -year, multi -phase masterplan that includes residential, commercial, medical, and entertainment uses. Anticipated vehicular traffic at full build -out could reach an average daily traffic count of 21,300 along the proposed extension of N. Shiloh Drive, and 19,600 along N. Roosevelt Avenue. Staff recommends that right-of-way be dedicated at this time to anticipate this potential volume. Street Improvements: Staff does not recommend any street improvements along the existing frontages of W. Van Asche Drive and N. Gregg Avenue. The City is currently working on the development of a railroad crossing at the southeast corner of the site, to connect N. Shiloh Drive into this development. City Council has not budgeted for the connection or for any signal modification, only for the actual crossing over the tracks and associated safety measures. Any additional improvements needed for this crossing to accommodate this added development would be borne by the developer. N. Shiloh Drive. The applicant is requesting to construct this extension to the Regional Link Street standards to accommodate a proposed traffic volume of 21,300 vehicle trips per day with the full build -out of the overall master plan. Since the full build -out would be several years in the making, staff is recommending only a portion of the Regional Link Street be constructed, with 8-foot sidewalks at back of right-of-way, two drive lanes, each with enough width for fire trucks, median, and variable greenspace. Additional lanes could be added in the future when capacity was needed. N. Roosevelt Avenue: The applicant is requesting to construct this extension to the Regional Link Street standards to accommodate a proposed traffic volume of 19,600 vehicle trips per day with the full build -out. Since the full build -out would be several years in the making, staff is recommending only a portion of the Regional Link Street be constructed, with 8-foot sidewalks at back of right-of-way, two drive lanes, each with enough width for fire trucks, median, and variable greenspace. Additional lanes could be added in the future when capacity was needed. Further, staff recommends an assessment in the amount of $36,000 for a future traffic signal at Roosevelt and Van Asche. Connectivity and Design Standards: Staff finds the project complies with 166.23, Urban Residential Design Standards. The applicant is providing pedestrian connectivity throughout the site, including pedestrian connections to future right-of-way, and elevations meet relevant design standards. Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 2 of 35 Water and Sewer System: The applicant is proposing to extend an 8" main in order to provide fire protection and domestic water. The applicant is also proposing to extend a 12" sewer main from the existing 48" main that runs near the Fulbright Expressway. Parkland Dedication: The project originally received PRAB approval on June 7, 2021 and recommended fee -in -lieu of dedication for the 422 proposed multifamily units, for a total of $401,744, due prior to building permit approval. Tree Preservation: Canopy minimum requirement: 15% Existing canopy: 0% Preserved canopy: 0% Mitigation required: 0 mitigation trees required Public Comment: Staff received inquiries from the public about this project, though no comments in support or opposition. One member of the public spoke at the Subdivision Committee, citing concerns about traffic negatively impacting access to the nearby hospital. RECOMMENDATION: Staff recommends approving LSD-2021-000034 with the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of right-of-way dedication. The applicant is requesting a variance to dedicate right-of-way to the Regional Link Street standards of 92 feet. Staff is recommending 92 feet of right-of-way dedication in line with typical Master Street Plan standards for a Regional Link Street. Subdivision Committee did not make a recommendation on right-of-way dedication. 2. Planning Commission determination of street improvements. Staff is recommending in favor of the following street improvements; 8-foot sidewalk at back of dedicated right- of-way, a 2-lane section with a wide greenspace and median, and the option of adding additional lanes in the future, if capacity is needed for N. Shiloh Drive and N. Roosevelt Avenue. Staff also recommends an assessment in the amount of $36, 000 at Roosevelt and Van Asche for a future traffic signal. Streetlights and street trees shall also be installed for internal public streets. Futher, any additional improvements needed for modification to the proposed railroad crossing including, but not limited to, signal modifications to the existing signal at N. Gregg Avenue and N. Shiloh Avenue, or proposed connection between Gregg Avenue and the railroad crossing would be borne by the developer. Subdivision Committee did not make a recommendation on street improvements. 3. Planning Commission determination of compliance with 166.23, Urban Residential Design Standards. Staff finds the project is meeting these requirements. 4. All remaining comments from other City departments and divisions, including Planning, Engineering, Urban Forestry, and Fire, shall be addressed. Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 3 of 35 Standard conditions of approval: 5. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance; 6. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: Black Hills Energy, AT&T, Ozarks Electric, SWEPCO, and Cox Communications); 7. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement; 8. Trash enclosures shall be screened on three sides with materials complimentary to and compatible with the principle structure. Containers may also be screened from view of the street by the principal structure or vegetation. Elevations of the proposed dumpster enclosure shall be submitted to the Planning and Solid Waste Divisions for review prior to building permit; 9. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground; 10. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with the City's current requirements; 11. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required for review and approval prior to issuance of a building permit; 12. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation; 13. Large scale development shall be valid for one calendar year; 14. Contact the City's Emergency 911 Address Coordinator for addressing prior to building permit. The coordinator has noted that a separate street name is required; 15. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy; and 16. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits; b. Separate easement plat for this project that shall include the tree preservation area and all utility and access easements; c. Exterior lighting package must be provided to the Planning Division; Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 4 of 35 d. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance; e. Project Disk with all final revisions; and f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. PLANNING COMMISSION ACTION: Required YES Date: July 11. 2022 O Tabled O Forwarded O Denied Motion: Canada ® APPROVED, with conditions as Second: Johnson recommended by staff Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • City Engineering Memo • Urban Forestry Comments • Parks Memo • Applicant's Request Letter • Variance Request Letter • Site Plan • Elevations • Traffic Study • One Mile Map • Close Up Map • Current Land Use Map Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 5 of 35 CITY OF FAYETTEVILLE V4V ARKANSAS TO: Jessie Masters, Development Review Manager FROM: Josh Boccaccio, Staff Engineer DATE: June 22, 2022 SUBJECT: Planning Commission Engineering Comments for LSD-2021-000034 Pointe Fayetteville Phase A STAFF MEMO Water: This development is proposing to connect to the existing water distribution system and extend an 8" main around the development in order to provide fire protection and domestic water. Sewer: This development is proposing to extend a 12" sewer main from the existing 48" main that runs near the Fulbright Expressway Natural Features: This property is shown to have hydric soils present on site. These may be an indicator of wetlands. The applicant must provide a statement from a qualified professional on the presence or absence of wetlands. Drainage: This development is required to meet the 4 minimum standards for drainage outlined in the Drainage Criteria Manual. The applicant is proposing to meet these standards via a stormwater pond and bio-retention pond. Street/Traffic: Plans call out "entrance drive and railroad crossing to be constructed by others". The City Council has not budgeted for the connection of Shiloh Dr to Gregg Ave or the required traffic signal modifications. The only thing council has budgeted for is the actual crossing of the railroad tracks and the associated safety improvements. Engineering recognizes the need to provide adequate capacity for roadways and intersections for future growth and development. At this point we support the applicant's request to dedicate 92' right-of-way. Staff has worked with the applicant to come to a solution which will provide sidewalks, a 2-lane section with a wide greenspace and median, and the option of adding additional lanes in the future, if capacity is needed. The applicant has stated the estimated cost for a traffic signal at Roosevelt and Van Asche will be around $300,000. Phase A of this development will generate approximately 3,074 vehicle trips per weekday with 48% using this future signal. Based on the numbers provided for the overall build out of this area, approximately 26,600 ADT will use the intersection from adjacent developments. Engineering recommends an assessment of $36,000.00 for the future signal at Roosevelt and Van Asche. Plan Comments: Mailing Address: 113 W. Mountain Street wwWA9W&6VW, 41rb'*FjbRr Fayetteville, AR 72701 July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 6 of 35 1. Show that a roundabout is appropriate for the southern intersection as opposed to a standard 3 or 4-way intersection. The FHWA most recent guidelines must be considered. a. Roundabout design, alignment, widths of lanes, splitter islands, etc. are subject to revision based on subsequent reviews. b. Entry and exit widths from the southern roundabout must be minimized. 2. Plans call out "entrance drive and railroad crossing to be constructed by others". The City Council has not budgeted for the connection of Shiloh Dr to Gregg Ave or the required traffic signal modifications. The only thing council has budgeted for is the crossing of the railroad tracks and the associated safety improvements. 3. Provide demand information for sprinkler system and domestic water. Standard Comments: 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. Any damage to the existing public street due to construction shall be repaired/replaced at the owner/developers expense 3. All public sidewalks, curb ramps, curb & gutter, and driveway aprons along this project frontage must meet ADA guidelines and be free of damage. Any existing infrastructure that does not conform to ADA guidelines or is otherwise damaged must be removed and replaced to correct the issue. Coordinate with the engineering department for inspection of existing facilities to determine compliance. 4. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based on the proposed meter size and will be charged at the time of meter set. 5. Note, the following portions of all projects will typically not be reviewed by the Engineering Division until time of construction -level review (unless specifically requested at plat review): o Storm Sewer pipe/inlet sizing, gutter spread, profiles, or utility conflicts o Sanitary Sewer pipe sizing, profiles, or utility conflicts o Waterline fittings, callouts, or utility conflicts o Street profiles o Fine grading/spot elevations Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Al2s) Page 7 of 35 4ft� CITY OF FAYETTEVILLE ARKANSAS To: Jorgenson and Associates From: Melissa Evans, Urban Forestry CC: Jessie Masters, Development Review Manager URBAN FORESTRY LANDSCAPE PLAN COMMENTS Meeting Date: July 11, 2022 Subject: LSD 2021-000034: Pointe Fayetteville Apts: 685 W. Van Asche Dr 1. General Landscape Plan Checklist Yes No N/A a. Irrigation (notes either automatic or hose bib 100' o.c.) X UDC Chapter 177.03C7g, 177.0483a b. Species of plant material identified X UDC Chapter 177.03C7d,e c. Size of plant material (minimum size 2" caliper for trees and 3 gal. shrubs) X UDC Chapter 177.03C7b,c d. Soil amendments notes include that soil is amended and sod removed X UDC Chapter 177.03C6b e. Mulch notes indicate organic mulching around trees and within landscape beds X UDC Chapter 177.03C6c,d f. LSD, LSIP, and Subdivisions (PPL & FPL) plans stamped by a licensed Landscape Architect, others by Landscape Designer UDC Chapter 177.038 g. Planting bed contained by edging X UDC Chapter 177.03C6f h. Planting details according to Fayetteville's Landscape Manual X UDC Chapter 177.03C6g I. Provide information about 3-Year Maintenance plan. The owner shall deposit X with the City of Fayetteville a surety for approved landscape estimate. UDC Chapter 177.05 A2g 2. Parking Lot Requirements 1 Tree: 12 Parking Spaces Yes No N/A a. Wheel Stops/Curbs X UDC Chapter 177.0481 b. Narrow Tree Lawn (8' min. width, 37.5' length) X UDC Chapter 177.04C Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 8 of 35 c. Tree Island (8' min. width, 18.7' min length OR 150 square feet) X UDC Chapter 177.04C d. Placement of Trees (either side at entrances and exits) X UDC Chapter 177.04C2 3. Perimeter Landscaping Requirements Yes No N/A a. Front Property Line (15' wide landscape) and five on sides. X UDC Chapter 177.04D2a b. Side and Rear Property Lines (5' Wide Landscape Area) Yes UDC Chapter 177D1 c. Shade trees planted on south and west sides of parking lots X UDC Chapter 177.04D2e d. Screening of parking lot from adjacent residential properties. X 4. Street Tree Planting Requirements Yes No N/A a. Residential Subdivisions X 1 Large Shade Species Tree per Lot UDC Chapter 177.05B1a b. Non -Residential Subdivisions X 1 Large Species Shade Tree every 30' (planted in greenspace) UDC Chapter 177.05B2a c. Urban Tree Well — Urban Streetscapes X Trees every 30' (8' sidewalk) UDC Chapter 177.05B3a-f d. Structured Soil — Urban Tree Wells X Include a note and/or detail of structural soil on Landscape Plan UDC Chapter 177.05B3a-f e. Residential Subdivisions X Timing of planting indicated on plans UDC Chapter 177.05A4 f. Residential Subdivisions X Written description for method of tracking planting UDC Chapter 177.05A4e N Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 9 of 35 5. Landscape Requirement Totals Amount Mitigation Trees 0 Parking Lot Trees 5 Street Trees 40 provided, 40+ required Detention Pond — Large Trees 2 (1 Tree/3,000 square feet) Detention Pond — Small Tree/Large Shrub 8 (4 small trees or large shrubs/3,000 square feet) Detention Pond — Small Shrubs/Large Grasses 11 (6 shrubs or grasses (1 gallon)/3,000 square feet) S. Review Status (See Comments) Tech Plat Subdivision Planning Committee Commission Conditionally Approved 05-28-22 06-15-22 06-22-22, 07-07-22 Approved Tabled Denied Comments 1. Address items above marked "No" and all Redlines provided. 2. Please place street trees along all portions and both sides of the streets (public or private). Some may have to be adjusted in the future for additional developments. 3. Prairie seed cannot be planted in the detention pond in lieu of the large and small shrubs unless you request a variance from Planning Commission. It is fine with Urban Forestry for prairie seed to be planted in lieu of regular grass however (please double check whether that will be ok with City Engineering requirements). 3 Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 10 of 35 I� CITY OF FAYETTEVILLE ARKANSAS To: Jorgensen and Associates From: Melissa Evans, Urban Forestry CC: Jessie Masters, Development Review Manager URBAN FORESTRY TREE PRESERVATION COMMENTS Meeting Date: July 11, 2022 Subject: LSD 2021-000034: Pointe Fayetteville Apts: 685 W. Van Asche Dr 1. Submittal Requirements Initial Review with the Urban Forester Site Analysis Map Submitted (if justification is needed) Site Analysis Written Report Submitted (justification is needed) Complete Tree Preservation Plan Submitted Tree Mitigation Table on Plans Tree Preservation Wavier Submitted (only use if no trees onsite or near P/L) 2. Tree Preservation Calculations N/A 3. Mitigation Requirements High Priority Low Priority Total Mitigation Trees Required 4. Mitigation Type On -Site Mitigation Off -Site Mitigation Tree Escrow (See Conditions of Approval) 5. Tree Preservation Plan Checklist UDC Chapter 167,04H1 a. 5 year Aerial Check on Existing Trees b. Property Boundary c. Natural Features (100ft beyond limits of disturbance) d. Existing Topography and Proposed Grading e. Soil Types Yes No R NIA X X X X Canopy below Number of 2" caliper requirement trees to be planted 0 0 Yes No N/A X X X Tech Subdivision Planning Plat Committee Commission Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Planning Commission July 11, 2022 Agenda Item,7 LSD-2021-000034(Pointe Fayetteville Apts) Page 11 of 35 f. Significant Trees Yes Yes Yes g. Groupings of Trees Yes Yes Yes h. Table Inventory List (species, size, health, priority) Yes Yes Yes i. All Existing and Proposed Utilities Yes Yes Yes j. All Existing and Proposed Utility Easements and ROW's Yes Yes Yes k. All Streams (with approximate center line) N/A Na N/A I Floodplains and floodways N/A Na N/A m. Existing Street, Sidewalk or Bike Path ROW Yes Yes Yes n. Submitted Site Analysis Plan (if required) N/A Na N/A o. Shows ALL Proposed Site Improvements Yes Yes Yes p. Delineates trees/canopy to be preserved and removed Yes Yes Yes Tree Protection Methods a. Tree Protection Fencing Yes Yes Yes b. Limits of Root Pruning No Na N/A c. Traffic flow on work site N/A Na N/A d. Location of material storage Yes Yes Yes e. Location of concrete wash out Yes Yes Yes f. Location of construction entrance/exit Yes yes Yes 6. Site Analysis Report (if required) Yes No N/A UDC Chapter 167.04H4 a. Provide graphic examples of multiple options used to X minimize removal of existing canopy b. Submitted Analysis Statement — Note the process, iterations, X and approaches to preserve canopy. 7. Review Status (See Comments) Tech Plat Subdivision Planning Committee Commission Conditionally Approved 05-29-2022 06-15-22 06-22-22, 07-07-22 Approved Tabled Denied Comments 1. Address items above marked "No" and all Redlines provided. 2. Tree Preservation Easement will not have to be dedicated for the LSD since there are no existing trees on site. 3. Please show the tree preservation fence detail on the Erosion Control Plan Phase 2 since tree preservation is shown on that page for the existing trees in the N. Gregg Ave. ROW. The fence only has to be along trees that are adjacent any construction work. Please include the tree preservation fence detail on the plan as well. Planning Commission 2 July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 12 of 35 CITY OF FAYETTEVILLE ARKANSAS TO: Planning Division FROM Zach Foster, Park Planner II DATE: July 27, 2021 SUBJECT: Parks & Recreation Technical Plat Review Comments ** **�i *'k *it* *'k*+F'k* # * **'k ** ** * *� * * rt * * ■ * *R *�t�lR Rk R* kR** x* RRR RR iFRSeYeRR fe R ** **kR f!R iFR 9eRR*R*** **R * **** **** *** ** * * * *R *flRx Meetinq Date: Project Title: Protect Number: Address / Location: Plat Page: Park District: Billing Name & Address: June 7, 2021 Pointe Apartments (Phase 1) LSD-2021-000034 685 W Van Asche Dr 211 NW Riverpointe Development, 9800 Maumelle Blvd, Maumelle, AR 72113 ❑ Land Dedication ® Fee -in -Lieu ❑ Combination Land Dedication Single Family @ 0.023 acre per unit = acres Multi Family @ 0.014 acre per unit = acres Fee -in -Lieu Single Family @ $1,089 per unit = $ Multi Family 422 @ $952 per unit = $ 401,744 SUMMARY: • Phase 1 of this project proposes 422 buildable MF units. ■ The June 7, 2021 meeting approved $401,744 of fees in lieu of land dedication for Phase 1 of this development. ■ The final amount of fee -in -lieu and/or land dedication needed to satisfy Parkland Dedication requirements will be determined after Planning commission's approval. ■ The recorded deed and/or fee -in -lieu must be received by the city prior to the issuance of building permits. ■ Each additional housing unit that is constructed in Fayetteville places an increased demand on the Parks and Recreation system. The money collected as part of this large scale development will be used to fund future park acquisitions and improvements for this park quadrant. Mailing Address: Planning Commission 113 W. Mountain Street wwwfayettehe11d ; Fayetteville, AR 72701 genda tetn LSD-2021-000034(Pointe Fayetteville Apts) Page 13 of 35 DBA ARCHITECTS Letter of Intent City Of Fayetteville Placating Department Development Services Building 125 W. Mountain Street Fayetteville, AR 72701 Re: Pointe Fayetteville Phase A, Shiloh Dr. @ Gregg Avenue To whom it may concern: The proposed project by Keith Richardson Properties of North Little Rock, AR is a phase one 412-unit class A multi -family apartment project located on the southwest corner of a 38.72-acre tract of land positioned at the northwest corner of Shiloh Drive and Gregg Avenue in northern Fayetteville. The property is bounded by Van Asche Dr. to the North, Gregg Ave. to the East and a proposed new Shiloh Dr extension and round -a -bout to the South, (which the owner has agreed with the city to construct). The proposed structure would be a 5-story wood framed "wrap" concealing a 5 story, 704 car precast concrete parking facility, with a 2 story, 20,000 s.f. club, fitness, leasing facility located centrally in the main motor -court. The tract is currently zoned C-3, and the project is the first phase of an anticipated 6 phase development. No variances to Fayetteville's UDC are anticipated or requested. The project would also consist .of a main "village green" a resort style swimming pool, parallel parking, stoops and private courtyards at all ground floor units, a roof garden, and a phase 1 connector road north up to Van Asche. for fire and traffic flow/access. Trash collection would be by a private hauler twice a week and valet trash service will be given to all residents. Our current mix is approximately 56% one bedrooms, 40% 2 bedrooms and 4% 3-bedroom penthouse units. Please feel free to contact me directly to answer any other questions you might have about the project. My direct line is 469-667-5095 and my email is: bryan@dba-archi tects.corn We look forward to working with the city, city staff, and our stake holders to create a world class project and world class housing for the citizens of Fayetteville. Respectfully, Bryan Moore, AIA, NCARB CEO/President DBA Architects, LLC Hampton Roads, Virginia Dalla/Ft Worth Metroplex Emerald Coast, Florida ill S. KENTUCKY, SUITE 210, MCKINNEY, TEXAS 7S069, (p) 888-9W-4905 Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 14 of 35 J O R G E N S E N 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 +ASSOCIATES Office 479.442.9127 �wtb��eZraSso�eom stab„sl Feu �q? June 20, 2022 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Pointe Fayetteville, Phase A LSD - Variance Request Please accept this request for a variance from the Unified Development Code section 166.04(B)(3) regarding the dedication of right-of-way in conformance with the requirements of the Master Street Plan. Neighborhood Link Streets typically only require/permit 67' of right-of-way dedication and only include one drive lane in each direction. However, based on the Traffic Study for Pointe Fayetteville at Van Asche Multi - Family Residential Development by Peters & Associates Engineers, Inc., dated January 4, 2022, approximately 17,912 vehicle trips per average weekday are projected to be generated by the site at Full Build -Out. Of this total, approximately 1,126 vehicle trips are estimated during the traffic conditions of the AM peak hour and approximately 1,370 vehicle trips are estimated during the traffic conditions of the PM peak hour. With these projected traffic volumes, a Neighborhood Link Street will not provide enough capacity and the anticipated Level of Service will be below the threshold of what is acceptable. Therefore, based on the recommendations of the Traffic Study, the developer is proposing to dedicate 92 feet of right-of-way and construct a roadway meeting the requirements for a Regional Link, which is designed to serve this anticipated traffic volume. The Neighborhood link only has capacity for 6,000 vpd The Regional Link has capacity for 17,600 vpd Our full development on 38 acres anticipates 17,912 vpd There is an additional 82 acres that will create traffic onto these new streets (to illustrate, even if we just double our current number from the 38 acres, we would end up with 35,824 vpd. Not only does our proposed section provide a higher level of service, it also introduces a median to help with safety as well as urban roundabouts that will aid in pedestrian movements as well as functionality. Please refer to the Traffic Study by Peters & Associates, which was submitted to the City of Fayetteville on May 18, 2022, as well as their memo dated June 20th, 2022 for additional information regarding the anticipated traffic volume and recommendations. Finally, we understand that a traffic signal may be warranted along Van Asche, we anticipate this to cost around $300,000. We thank you for your consideration of this proposal and please call with any questions. Thank you. Planning Commission July 11, 2022 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 15 of 35 ENGINEERS, INC: j a June 20, 2022 Mr. Brian Moore AIA CEO/President DBA ARCHITECTS i l l S. Kentucky Road Suite 210 McKinney, TX 75069 Re: P2006A Response to City Concerns Intersection Capacity for Intersection of N. Gregg Avenue and Shiloh Drive Pointe Fayetteville at Van Asche Drive N. Gregg Avenue and Shiloh Drive Fayetteville, Arkansas Dear Mr. Moore: City of Fayetteville stated concerns about the proposed N. Gregg Avcnue and Shiloh Drive intersection lane geometry as recommended in the traffic study (dated January 4, 2022) for Pointe Fayetteville at Van Asche Drive proposed full -build development of approximately 2,447 residential multi -family units. The following summary is provided to address the need for the new west leg to the N. Gregg Avenue and Shiloh Drive to be constructed as a 5-lane section at N. Gregg Avenue instead of the City's previous planned 3-lane roadway section: Capacity and LOS analysis was performed for projected traffic conditions for full build -out of The Pointe Fayetteville at Van Asche, plus ten-year background growth for the AM and PM peak hours for the several intersections including the intersection of N. Gregg Avenue and Shiloh Drive to include a new west leg. As indicated in the traffic study dated January 4, 2022, during the AM and PM peak hours, the overall LOS for study intersection of N. Gregg Avenue and Shiloh Drive included in that study are expected to operate at what calculates as an acceptable LOS "B" during the AM peak hour and LOS "C" during the PM peak hour for full build -out projected 10-year traffic conditions with the west leg assumed to consist of a 5-lane section as recommended. If this intersection is constructed to only consist of a 3- lane section, the overall LOS at the intersection of N. Gregg Avenue and Shiloh Drive is expected to operate at what calculates as an unacceptable LOS during the AM and the PM peak hours. Additionally, the City -planned 3-lane west leg for the intersection of N. Gregg Avenue and Shiloh Drive is not expected to allow acceptable intersection operations with fixture development to the west (an additional 82 acres of high density development). Because the nearby railroad crossing, this intersection at Shiloh Drive will likely be the only intersection along N. Gregg Avenue that will serve the approximate 38-acre Pointe Fayetteville at Van Asche Drive site, and future development of the remaining approximate 82 acres on the west side of N. Gregg Avenue, south of Van Asche Drive. Plannin Commission 5507 RANCH DRIVE - SUITE 209 LITTLE ROCK, ARKANSAS 72223 (501) 868-91, 2022 Auenda dem7_ LSD-2021-000034(Pointe Fayetteville Apts) Page 16 of 35 N. Gregg Avenue and Shiloh Drive June 20, 2022 Page 2 The City should consider changing the west leg of the planned Shiloh Drive at N. Gregg Avenue from Neighborhood Link with design service volume of 6,000 vehicles per day (vpd) to a Regional Link Street with a design service volume of 17,600 vpd. The Pointe Fayetteville at Van Asche Drive proposed full - build development is expected to generate approximately 9,400 vpd on the planned west leg of the planned Shiloh Drive at N. Gregg Avenue intersection. Also, with future development to the west (an additional 82 acres of high -density development), this volume will likely significantly increase to much higher. As stated in the report dated January 4, 2022, it was proposed that the City reconsider modifying the intersection design for the intersection of N. Gregg Avenue and Shiloh Drive to accommodate the future development of the property in the immediate vicinity of this intersection. Please let me know if you need additional information. Sincerely, PETERS & ASSOCIATES, ENGINEERS, INC. Randy Tolbert Sr. Project Manager Planning Commission July 11, 2022 Auenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 17 of 35 j� � il�l�l_I' Rti1y NOIltlOOl,103fOMgi � I ys� s3ivlDOSSd+ tl35tlHd 3111A3113 N3SN3baof (b° r_ Atl1 0. 9 ' _- as 31NIOd g 7g ■ ,r o va-as-'-�� 1- r1, :31111133f071d 1 ! � MY_ y3�G SUS Planning Cam ission July 71, 2022 Aaend Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 18 of 35 E f 'f l i3q" �e)2l !l!!! 13 3tl A31131V3 y.:NO11tl7O1173POMd y ! @ y a t�3snt3Faor sa=�_I�a)4 =nil tl3 VHd 3111A3113AtldC:Cp -gr -'�� 1 ®od1�A'a31111173POtldi "i} 31NIOd9�C9 1, 2022 Amend Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 19 of 35 :NOall EiYLoi i'J3raYa — li 311111�3I'Oild: i=ef E Ld G jgp& F fie — 1— i531HVA t I Zi � I H jI Ly , �txs'�g i z T : L a 1 - ■ _ - 1 rT. Pla 1ng Com fission JC-5 1, 2022 ellr Item 7 LSD-2021-000.034(Pointe Fayetteville Apts) Page 20 of 35 W Z V) I- = Planning Com ission `s July 11, 2022 Aaend Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 21 of 35 aal)N�ad _ fTS311213dOdd� IwdiSN00 N0310N I I IHA;I I - NV W )IDV-dVD V .rIS\91d- DNIO III ID N\'A I\1I.L711\ 1 TrI1n ILLRA\SI iI7\IOd ----------------- f — —--------- � I I l I ¢0 43a I of —_ ------ -----I = I I I I NE-LO-90 M31A- I I I I I . I _ I I n0 I 1 I I , 'AP I —� L -1E - -- - 1_— I I — --- - I , I =a I 0 v Q -- _2 �LLYLwS 4gwo�x I 17 SNINHVd = I s AYM32tl6 N3d0 44 I Planning Cc Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 22 of 35 ( NOuomi1SN00'dOJ lON ) ZZN-10-90 M311\3'8 dOJ 0311551 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 23 of 35 Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 24 of 35 ( NOIlOA'diSN0O 2J0310N ) ZZOZ-10-90 M31A3d K0 MASSI Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 25 of 35 (N0110nd1SN00 dOd 10N) ZZH-L0-90:MlMd 80J 03nSSl `S3llii3d021d S IiL\T I:IDVNVD O ViI'VI Id-DNI(l l� HN-1-\"I(1111.11\'III:\IN J "YFnAT.LL`.,1;W LT,\fOd s Q A) �J ---------- ------------ -- -- ---1 I I j--133N9 N3d0 { � O O 1 J J O Planning Commission duly 11. r Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 26 of 35 S I j 3 1 / H :) z/ V I SNOTIVA919 -dOT'S91X9 'I A �AJNIOd AV LO- 3Nn H— z 0 D-1-I'S311113dOldd C) CD LO UOURRIma JIM M r- - - - - -1 Planning 0 Co 11, i 52'3i ' July 2022 Aaen Item 7 [nte Fayetteville Apts) Page 27 of 35 I IS Sm HE P Al� M or .4 row, I a N, r. ME 0— or Fir r . r s 1 0 3 1 / H 3 & V SNOUVA9191HOMIX9 DITS31IN3dONd 0(1 NO C', LA -1-14�11V,ITMX (I H-LIMIHDIA MV �rl IAV I U 5 < "_jj,fj,\_jT_T"'jAVt[ 111NIOd 7, sa El: z 3Nn HaLv 0 z z 0 z z M 0 Planning Comt iission July 1 , 2022 AaenItem 7 Iinte Fayetteville Apts) Page 29 of 35 s 1 J 3 1 I H 3 a V SMOTIVA711H 1[Or'd91X9 ... ........ .. `T�11,1-�-""t.':"-- T' H-LIMHDIAvnc DTV531 -LN3dONd U050001411m � . 1IN" < . I . ' N z 2 8 E Planning Co fission July jli2O22 Aaen Item 7 inte Fayetteville Apts) Page 30 of 35 S 1 •,D 3 1 / H 0 a V~ SIN'MININ SOMIX3 :dTII,1il.T_T,:lAVA :AJ,NlOd a f ti J-1-l'S31-LN3dObd UE)AU M mLO IF Im ISSIOiI j , 2022 Item 7 fettevllle Apts) Page 31 of 35 VAN ASHE MASTER PLAN - ROCK AND ROLL FULL -BUILD PROJECTED 24-HOUR AVERAGE DAILY TRAFFIC (ADT) 6/27/2022 PETERS & ASSOCIATES ENGINEERS, INC- . Cl A 'rR.% mc FNc;imFi-R G.vG 5507 Ranch Drivt - Suilc '03 Uiltlr Rtxk, Arkan—s 7-1 (501 ) Sb8-3999 LL J a -It IL p hi L rrl CD —4 K.CD :f7 9374 A r. T-7 -N 0 LSD-2021-000034(Pointe FayetteZle'A'p Page 32 of 35 LSD-2021-000034 Large Scale Development for A& One Mile View Pointe Fayetteville Apts. NORTH 0 0.13 0.25 LL, lu J 1 N ► 1 .❑ , r J 1 M 1 =� 1LU C-t W W 1 i- a � i VAN SCHE OR W SCH 'act YAN'ASCHE DR Subject Property 1 � 1 � RSF-41 _ C-3 �•" / 1 SN�L°�J R ► Regional Link —1 Neighborhood Link Regional Link - High Activity Free—ylE.pressway — unclae wee R—Chita] 1,..k $/ Planned Neighborhood Link sr.-eeo- . Paved Tim Trail (Proposed) Design overlay District �7 Fayetteville City Limits 1 1 Planning Area C-2 LBR1Gti►'�'%, - PIE Fa R- 1, I 0 RM F-24 2.1ng RESIDENTIAL SINGLE-FAMILY I EXTRACTION rE ffi RI-u RI -:I COMMERCIAL eni.krce nsL :� - Rscsni ice n5F-1 FORN RASE! OISTiOLTS nsF-z r-.•:.-.r- � r= RESIDENTIAL MIILTIFAMLY •,,.bra.. r•�� RMFE �•�;•0 -RrAF-r: p 1912 WIIIND@STSRCR RMF-1e •s .. �.�I n.ueil �r RMF-:4 IN51]TITDGNAL �RrnF-0o L:. INDUSTPoAL „_omme,aa, nr o E7lanning Commiss Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 33 of 35 LSD-2021-000034 Large Scale Development for Close Up View Pointe Fayetteville Apts. r91 L-d Neighborhood Link Residential Link Planning Area Fayetteville City Limits Design Overlay District Subject Property r NORTH C-2 Feet I)! C-3 0 75 150 300 450 600 1:2,400 I Planning Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 34 of 35 LSD-2021-000034 Large Scale Development for Current Land Use Pointe Fayetteville Apts. NORTH n Agricultural y. --- -- -IM VAN•ASCHE DR __— wv�VAWASCHE DR — - --W a aB ME w9w"6 �.. tA tee Subject Property l l Undeveloped s Single -Family Residential N N F �: ► m R- _41 a l 5111LQH D �► Undeveloped Regional Link FEMA Flood Hazard Data Neighborhood Link �. Regional Link- High Activity 100-Year Floodplain Freeway/Expressway Residential Link Feet Floc�:v�ay - Trail (Proposed) Planning Area 0 112.5 225 450 675 900 I_ Fayetteville City Limits 1 . 3, 600 _-_ I Design Overlay District Planning Commissi n Agenda Item 7 LSD-2021-000034(Pointe Fayetteville Apts) Page 35 of 35 NEW RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT This Agreement, made and entered into this day of . 2,QM by and between the City of Fayetteville, Arkansas (hereinafter "City") and The Arkansd & Missouri Railroad Company, (hereinafter "AMRR"), WITNESSETH: WHEREAS, City is in the process of planning a new crossing at Shiloh Drive within the City limits at railroad milepost 349.30. The City proposes, for the benefit of the public, to add this crossing, pursuant to the Site Layout attached as Exhibit 1, and remove in its entirety, existing crossing at University Avenue; and WHEREAS, it is understood that the contemplated crossing will be financed solely from funds appropriated by City and expended under its regulations. NOW, THEREFORE, in consideration of the covenants and agreements contained in this agreement, subject to the provisions of the recitals above, it is agreed by and between the parties hereto as follows: l . AMRR has provided an estimate for the cost of the crossing upgrade which is attached as Exhibit 2. This estimate does not include any tract: or railroad work required during utility installation - which is not subject to estimation at this time. The parties understand that the estimate is $558,082.57 and the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both parties further acknowledge that any materials or crossing equipment supplied by the City shall be considered a part of the consideration of this agreement. Upon final completion of the project, all said materials and crossing equipment shall become the property of AMRR. 2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging Services Agreement for railroad track protection, including, but not limited to, railroad flagging which is charged at the rate of $95 per hour. A Flagging Services Agreement will be executed simultaneously with the execution of this Agreement. 3. Insurance. During upgrade construction, City shall ensure that any contractors they employ to perform work on the project in question will maintain a general liability insurance policy, the limits of which will be not less than Three Million Dollars ($3,000,000) per person, Five Million Dollars ($5,000,000) per accident and Three Million Dollars ($3,000,000) for property damage. The policy shall name AMRR, its successor or assigns and City as insureds. Such policy shall contain a clause that the insurer will not cancel or change the insurance without giving AMRR, City, or their successors or assigns ten (10) days prior written notice, and a certificate of such insurance shall be delivered to AMRR prior to the inception of the construction of the crossing. 4. Maintenance and Repairs- The parties acknowledge that the crossing and equipment will require maintenance and repairs due to normal wear and tear and possibly damage from accidents, negligence or acts of nature. The City will not be liable for any damages caused solely by the negligence of AMRR. If damages are caused to the crossing and/or equipment by the acts of 3rd parties, ArViRR and the City will coordinate to pursue any cause of action against said 3`d parties to recover the costs of repairs and any amount recovered will be applied accordingly. City will pay an annual crossing maintenance fee of $7,500 effective upon execution of this Agreement and on each anniversary- date thereafter for so long as the crossing remains open. On each anniversary date, the annual maintenance fee will increase by 2%. The annual maintenance fee will cover regulatory testing, basic maintenance and general wear and tear. Otherwise, City and AMRR will each be responsible for 50% of any capital expenditures for the equipment and the crossing surface. Except for emergency repairs, AMRR will give the City one hundred eighty (180) day written notice of any needed repairs or maintenance and the amount thereof The crossing shall be maintained as specified above until such time as the parties mutually agree otherwise or upon a date certain that the crossing should be closed. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be modified or amended orally. 6. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Arkansas. 7. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective heirs, successors and assigns. 8. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this I day of THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK - ).-a �'� Signature Print Name edrIL Tale STATE OF ARKANSAS ) CITY OF FAYETTEVILLE, ARKANSAS Signature , I �Li %i µ►�� i ir�t�r Print -Name =.-��;•'G�Ty = ";Far nEV1LL Title t�$• fr��G fi i'►► i ��i ACKNOWLEDGMENT COUNTY OF IILI ) On this 1 day of >-a& before me, the undersigned, allotary Public, duly commissioned, qualified, and acting,/ within and for said County and State, appeared in person, _Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of the City of Fayetteville, Arkansas, and further stated and acknowledged that they bad so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein rrientioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. My Commission Expires: S-2-&32 Public t`tt* op, MA Tyirrr .4� �� ■ NaTARr'�� ; M � f�,f �0 1f 4i � �i �►', ARKANSAS & MISSOURI RAILROAD COMPANY Approved by: Signature CAREN L. KRASKA Print Name President Title ACKNOWLEDGMENT STATE OF ARKANSAS ) )H COUNTY OF W 1k1A v%b— 0 ) On this 15 day of fV 1 , 2020, before me, the undersigned, a Notary Public, duly commissioned, qualified, and acting, within and for said County and State, appeared in person, CAREN L. KRASKA, to me personally well-known who stated that she is the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. My Commission Expires: m)C]4" l 2- .20.•tA ti"y11 1 off,, \ U � NOTARY PUBLIC Comm. d 12365395 = My Comm Expires Mar 17, 2028 �rf9��yP�'ti\ OF AR o� %, Notary Public 4 L K fi I O � 9 ; �a Ix 3 o Z CO U 4 00 � I N_�__--__ W n d >rr�neaw = w E, uj I �N o d � I d l d I d x Z o � iv,S,S'eJLIRIIlAlJ.fD Arkansoas & Missouri Railroad 306 E. Emma Ave Springdale, AR 72764 To: City of Fayetteville Atnn: Chris Brown Job: Shiloh Rd Fayetteville AR. Item # Qty Description Material 1 65 1 151b Concrete Panel Material 2 50 10' Crosstie 3 160 115# Relay Rail 4 100 5.5" Base Pandrol Tie Plate 5 200 Pandrol Clips 6 4 Railroad Spikes 7 200 5.5" Anchors 8 4 115 New / 1 /4 worn Trans Rails 9 8 115# Thermite Welds 10 125 Ballast Truck Load Labor 1 1 CWS - CTC Quote (Material & Labor) 2 1 Contractor Labor iTrack Contractor) 3 1 Project Management/Admistrafive 4 100 MOW EIC of Track Protection 5 20 Surfacing Crew 6 16 1-10-Ton Truck 7 16 1- Dump Truck w/Driver Prepared by: Jeromy Houchin Date: September 18, 2019 Unit Unit Price Line Total Ft $200.81 $13,052.65 Each $90.50 $4,525.00 Linear Foot $1,100.00 $176,000.00 Each $24.00 $2,400.00 Each $2.95 $590.00 Kegs $75.00 $300.00 Each $2.95 $590.00 Each $970.00 $3,880.00 Each $198.10 $1,584.80 Tons $17.00 $2,125.00 $205,047.45 Freight $1,250.00 10% O/H $20,504.75 Tax @ 9.75% $19,992.13 Subtotal (material) $246,794.32 Lump Sum $270,488.25 $270,488.25 Lump Sum $17,500.00 $17,500.00 Lump Sum $5,000.00 $5,000.00 Hour $95.00 $9,500.00 Hour $200.00 $4,000.00 Hour $150.00 $2,400.00 Hour $150.00 $2,400.00 EXHIBIT 2 Subtotal (labor) $311,288,25 Total RAILROAD CROSSING EASEMENT AGREEMENT 207,2LThis Agreement, made and entered into this J _ day of 2p2d. by and between the City of Fayetteville, Arkansas (hereina€t r "City") and The Arkansas and Missouri Railroad Company, (hereinafter "AMRR"), WITNESSETH: WHEREAS, City is in the process of planning the construction of an extension of Shiloh Drive within the City limits that would cross AMRR's tracks. The City proposes, for the benefit of the public, to install a new crossing at said location, pursuant to particular plans and specifications to be agreed upon by the parties; and WHEREAS, the Easement is defined on Exhibit 1 and incorporated herein by reference; and WHEREAS, it is understood that the contemplated crossing will be financed from funds appropriated by City and expended under its regulations as established under the terms of a Crossing Agreement executed separately by the parties. NOW, THEREFORE, in consideration of the covenants and agreements contained and subject to the provisions of the recitals above, it is agreed by and between the parties hereto as follows: 1. The City and AMRR have caused to be prepared plans and specifications for the project. Attached as Exhibit 1 is the proposed plan. The parties acknowledge that this schematic drawing contains certain requirements and restrictions with regard to the construction in, near and around the Railroad and the City agrees to be bound by all of these requirements and restrictions contained in the plans, specifications, coordination notes and the separate Crossing Cost Agreement. 2. AMRR has provided an estimate for the cost of the crossing. The parties understand that the estimate is $558,082.57 and the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. 3. The cost (labor and material) for installing the new crossing will be born by the City pursuant to the Crossing Cost Agreement. Page 1 of 5 4. After completion of the project, the Parties shall bear the expense of the maintenance, inspection, capital costs and operation of the crossing per the terms of the separate Crossing Agreement or any amendment thereto, so long as it is to be maintained as a crossing over the railroad or until it is mutually agreed between the parties that the project is no longer needed at the crossing or until the crossing is abandoned by AMRR or City, or other legal requirements making it necessary to cease operations and maintenance of the project. At that time, materials purchased and installed for the project may be moved to other locations on AMRR's lines within the States of Arkansas or Missouri or otherwise disposed of or sold by AMRR. 5. Limitation on Grant. This Easement does not grant to City the subsurface of any easement area, all such rights and privileges being reserved to AMRR. 6. Indemnification. The CITY OF FAYETTEVILLE shall cause any contractor employed by it or engaged by it to construct the improvements contemplated by this agreement to assume any and all liability for injury to or death of persons, all loss or damage to property, in any manner arising from or during the construction of the improvements contemplated by this agreement, however, such injury, death, loss, damage or destruction as aforesaid may occur or be caused. The CITY OF FAYETTEVILLE shall further cause any contractor engaged by it to construct the improvements contemplated by this agreement to indemnify and save and hold harmless the ARKANSAS & MISSOURI RAILROAD COMPANY from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs and expenses arising or growing out of or in connection with such injury, death, loss, damage or destruction as aforesaid, which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY incurs defending itself, including attorney fees and expenses. 7. Insurance. In further consideration for the grant of this Easement, City shall acquire a policy of liability insurance which shall insure AMRR in the amount of fifteen million dollars ($15,000,000) from liability for injury or death to persons or damage to property arising from any persons using the crossing described on Exhibit 1, whether injuries are caused by the operation of the trains by AMRR or otherwise. At the option of AMRR such policy shall either name AMRR as a named insured or an additional insured of such policy. Said policy will be kept in full force and effect during the existence of this Easement and shall continue to insure AMRR for incidents arising during the existence of this Easement and until the crossing is terminated or abandoned per the terms of paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to approval of AMRR and shall provide for notice to AMRR not less than 30 days of cancellation of such policy. 8. If any portion of this Easement or any provision in this Easement shall be found to be invalid or unenforceable, the remaining provisions shall continue to be fully effective and enforceable, and both parties consent to the modifications of this Easement in any manner as a court may deem necessary to preserve the grant of easement contained herein. Page 2 of 5 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be modified or amended orally. 10. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Arkansas. 11. Binding Effect. The provisions of this Agreement shall be binding upon and '-inure to the benefit of each of the parties and their respective heirs, successors and assigns. -12. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. IN VVIT SS WHEREOF, the parties have hereunto set their hands and seals this day of , 2 ZcjZ2 Page 3 of 5 Il/III i�_• • MM.• STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) CITY OF FAYETTEVILLE, ARKANSAS tgnrr e rl Tint I ame C ACKNOWLEDGMENT On this day of Notary Public, duly commissioned, qual d, and acting FAYETTEVILLE.X s VIM Z02T before me, the undersigned, a , within and for said County and State, appeared in person, Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of the City of Fayetteville, Arkansas, and further stated and acknowledged that ,they had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. My Commission Expires: 5 '_�LACA, dd:� o ry Public Page 4 of 5 +���►llfli11r1��! ti : %0 TA q All ARKANSAS & MISSOURI RAILROAD Approved by: � ? Signature Caren L. Kraska Print Name President Title ACKNOWLEDGMENT STATE OF ARKANSAS ) )H COUNTY OF W AS►1 +"Sk— ) On this IS day of 2020, before me, the undersigned, a Notary Public, duly commissioned, qualified, a d acting, within and for said County and State, appeared in person, CAREN L. KRASKA, to me personally well-known who stated that she is the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above. My Commission Expires: ' V wyl -4 , AC) J—e Notary Public Page 5 of 5 tltirrrrrr►►► NOTARY PUBLIC Comm. i 12365395 My Comm Expires Mar 17,2028 Z Girapl ,r Sri rE OF ARK RCS 11,111110 \ � R �