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Home My WebLink About268-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 268-20 File Number: 2020-0852 LANDLORDS IN FAYETTEVILLE: A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY CODE TO PROVIDE GREATER PROTECTIONS TO TENANTS WHEREAS, § 173.08, Unsafe Buildings and Property Nuisances of the Unified Development Code prohibits any house or building that "has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare"; and WHEREAS, the State of Arkansas has no warranty of habitability and very poor tenant protections; and WHEREAS, all tenants should have the right to live in a safe and structurally sound home. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby encourages all landlords and rental property managers to ensure the habitability and safety of their rental properties including the structural integrity of those structures and working plumbing, mechanical, electrical, and fire protection systems. Section 2: That the City Council of the City of Fayetteville, Arkansas requests that the Mayor research potential changes to the City Code to provide greater protections to tenants in the City of Fayetteville that do not conflict with Arkansas law. Page 1 Printed on 10/21/20 Resolution: 268-20 File Number: 2020-0852 PASSED and APPROVED on 10/20/2020 Attest: If GOER K / T R',,, CITY 0. .Gg Kara Paxton, City Clerk Treasuc_er : FAYE�FV�<<£ : mv; ',ni�ON COVN�� Page 2 Printed on 10/21/20 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0852 Agenda Date:10/20/2020 Version:1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: CA LANDLORDS IN FAYETTEVILLE: A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY CODE TO PROVIDE GREATER PROTECTIONS TO TENANTS WHEREAS, § 173.08, Unsafe Buildings and Property Nuisances of the Unified Development Code prohibits any house or building that "has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare"; and WHEREAS, the State of Arkansas has no warranty of habitability and very poor tenant protections: and WHEREAS, all tenants should have the right to live in a safe and structurally sound home. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby encourages all landlords and rental property managers to ensure the habitability and safety of their rental properties including the structural integrity of those structures and working plumbing, mechanical, electrical, and fire protection systems. Section 2: That the City Council of the City of Fayetteville, Arkansas requests that the Mayor research potential changes to the City Code to provide greater protections to tenants in the City of Fayetteville that do not conflict with Arkansas law. City or Fayetteville, Arkansas Page 7 Printed on 10n1/2020 Legistar ID No.: 2020-0852 AGENDA REQUEST FORM FOR: Council Meeting of October 20, 2020 FROM: Council Member Sloan Scroggin ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY CODE TO PROVIDE GREATER PROTECTIONS TO TENANTS APPROVED FOR AGENDA: Sloan Scroggin Asst. City Attorney Blake Pennington Approved as to form 10(-� fZOZA Da to 1+0(1-/2.oZ:D Date RESOLUTION NO. A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY CODE TO PROVIDE GREATER PROTECTIONS TO TENANTS WHEREAS, § 173.08, Unsafe Buildings and Property Nuisances of the Unified Development Code prohibits any house or building that "has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare"; and WHEREAS, the State of Arkansas has no warranty of habitability and very poor tenant protections; and WHEREAS, all tenants should have the right to live in a safe and(structurallysound home. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby encourages all landlords and rental property managers to ensure the habitability and safety of their rental properties including the structural integrity of those structures and working plumbing, mechanical, electrical, and fire protection systems. Section 2: That the City Council of the City of Fayetteville, Arkansas requests that the Mayor research potential changes to the City Code to provide greater protections to tenants in the City of Fayetteville that do not conflict with Arkansas taw. PASSED and APPROVED this 201h day of October, 2020. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: M KARA PAXTON, City Cterk/Treasurer 173.08 - Unsafe Buildings And Property Nuisances (A) No person or persons, partnership, corporation or association, hereinafter referred to as "owner", shall keep or maintain any house or building within the corporate limits of the city which has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. (B) Property Nuisances. It is unlawful for any person having charge or possession of any property to maintain it in such a manner that it is determined by the city, after a due process hearing, that a property nuisance exists upon such property. A property nuisance shall exist whenever any of the following findings are made by the City Council after a public, due process hearing: (1) The condition of the property endangers the life, health, property, safety, or welfare of the public or occupants of the property. (2) The condition of the property is so dilapidated as to cause a diminution of the enjoyment, use or property values of neighboring properties. (3) The condition of the property is detrimental to the public health, safety and general welfare. (4) Unoccupied buildings or structures that are not properly secured, locked, or closed. (5) Unfinished. Buildings or structures under construction that have been abandoned or are inactive and for which there are no valid permits. (6) Inadequate Sanitation, Light or Ventilation. Occupied buildings or structures which lack hot and cold running water to plumbing fixtures or lack the minimum amounts of natural light and ventilation as required by this Code. (7) Structural Hazards. Buildings or structures which have such defective, deteriorated or inadequate foundations; flooring and/or floor support; wall, partition, or other vertical support, ceiling, roof, or other horizontal support, fireplace or chimney as to result in unsafe conditions. (8) Inadequate or Hazardous Wring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner. (9) Inadequate or Faulty Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections. (10) Inadequate Means of Egress. All means of egress and related components except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition. (11) Inadequate Fire Suppression and Alarm systems. All fire suppression and alarm systems except that which conformed with, all applicable laws in effect at the time of installation and which has been maintained in good condition. (12) . Dilapidated Exterior. Dilapidated roof coverings; dilapidated or unfinished exterior wall coverings; broken or missing doors and/or windows. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. The rules and procedures of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances should be followed. If the results of such efforts are unsatisfactory, the Code Compliance Division Director may forward the matter for prosecution to the City Prosecutor and/or to the City Council for consideration of a raze and removal resolution. (2) City Council Determination Whether Property Nuisance Exists. Upon referral from the Code Compliance Division, the City Council shall hold a public hearing to determine whether or not the subject building is a property nuisance for any of the reasons specified in §173.09(B) or otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. (3) Raze and Removal Order. Upon the City Council's determination that the subject building is so unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to protect the public health, safety, or welfare, the City Council shall by resolution order the owner of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance building within not less than thirty (30) days. (4) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this nuisance or to raze and remove the unsafe or nuisance building within the allowed period of time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building. If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council shall hold a public hearing to determine the fair and true costs to the city for this raze and removal and shall place a lien in that amount upon the subject property to be enforced pursuant to the lien enforcement procedures of §95.03 of the Fayetteville Code. (Code 1991, §§151.51, 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4679, 2-15-05; Ord. No. 5019, 5-15-07; Ord. No. 5563, 01-15-13; Ord. No. 6206 , §§5, 11, 12, 7-16-19) Editor's note— See editor's note to § 173.03. Parking Lot Improvements Project for Lot E and Lot F Change Order No. 1 City of Fayetteville Staff Review Form 2020-0410 N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Justin Clay 5/13/2020 PARKING MANAGEMENT (430) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Change Order No. 1 for the Parking Lot Improvements Project for Lot E and Lot F Budget Impact: 2130.430.9133-5819.00 2130 - Parking Fund Account Number Fund 19008.1 Off -Street Parking Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 168,912.00 Funds Obligated $ 135,129.00 Current Balance $ 33,783.00 Does item have a cost? Yes Item Cost $ 1,092.85 Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget s2,690.15 V20180321 Purchase Order Number: 2019-00000837 Previous Ordinance or Resolution # 268-19 Change Order Number: 1 Approval Date: 5 15/2020 Original Contract Number: Comments: CITY OF _ FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, P.E., City Engineer FROM: Matt Casey, Engineering Design Manager DATE: May 12, 2020 STAFF MEMO SUBJECT: Approval of Change Order No. 1 for the Parking Lot Improvements Project for Lot E and Lot F RECOMMENDATION: Staff recommends approval of Change Order 1 for the Parking Lot Improvements Project for Lot E and Lot F which will increase the contract amount by $1,092.85. BACKGROUND: City Council passed Resolution No. 268-19 on December 3, 2019, approving a construction contract with 81 Construction Group, Inc. for the construction of the Lot E and Lot F Parking Lot Improvements. DISCUSSION: This change order incorporates some additional items that developed during construction such as extra asphalt thickness, wheel stops, and changes warranted by the field conditions. This change order is also a reconciliation change order which changes the contract quantities to equal the actual constructed quantities. This results in the final contract amount equaling the final project cost. After the additional items and the credits for unused budgeted quantities, the change order results in an increase in the contract of $1,092.85. BUDGET/STAFF IMPACT: This project is paid for with funds from Off -Street Parking Development District No. 1 Attachments: Change Order 1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANS ARKANSAS Change Order No. Reconciliation Change Order To Contractor: 81 Construction Group Inc. The Contract is changed as follows: CHANGE ORDER Contract Title: Parking Lot Rehab Lots E & F Date of Issuance May 11, 2020 ORDINANCE/RESOLUTION, Effective Schedule 1: Lot E Bid Item No. Bid Item Description Previous Estimated Quantity Unit of Measure Conctrac[ Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost 4 Asphalt Removal 1200 SY 53.13 1566 $3.13 $3,756.00 S4,901.58 5 Recompact Existing Base 1200 SY $3.59 480 $3.59 $4,308.00 $1,723.20 6 Undercut and Stone Backfill 20 CY S46.50 6.78 $46.50 $930.00 S315.27 7 HMAC Surface Course (PG64-22) (2") 1200 SY S15.57 1077.78 $15.57 S18,684.00 $16.781.03 8 4" Thick Concrete Pavement w/Class 7 Base (Handicap Parking Area) 60 SY $44.19 76.67 S44.19 $2,651.40 $3.388.05 9 Concrete Parking Curb (2') 375 LF $15.81 395 $15.81 $5,928,75 $6.244.95 10 Concrete Curb (Type C) 50 LF $15.81 46 S15.81 S790.50 S727 26 13 4" Painted Markings (4" Painted Yellow) 700 LF $1.00 820.5 S1.00 $700.00 $820.50 18 4" Topsoil Placement 175 SY $7.00 102 $7.00 $1,225.00 $714.00 19 Organic Hardwood Mulch 175 SY $5.25 102 $5 25 S918.75 $535.50 21 HMAC Surface Course (PG64-22) (2") 0 TON $0.00 55.55 $141.55 $0.00 S7,863.10 22 Install City provided Wheel Stops 0 EA $0.00 7 $50.00 S0.00 S350.00 Shedule 2: Lot E 1 4" Thick Concrete Pavement w/Class 7 Base (Sidewalk) 175 SY $44.19 174 S44.19 $7,733 25 $7,689.06 2 6" Thick Concrete Pavement w/Class 7 Base (Driveway) 30 SY $47.84 77 $47.84 $1,435.20 $3,683.68 3 Concrete Curb and Gutter (Standard) (2) 70 LF $15.81 68 $15.81 $2,106.70 $1,075.08 4 Solid Sod Bermuda 95 SY $8.28 89.07 $828 S786.60 $737.50 5 4" Topsoil Placement 95 SY $7.00 89.07 $7.00 $665.00 $623.49 7 Cast -in -Place Detectable Warning Device (Truncated Domes) 27 SY $60.00 29 $60.00 $1.620.00 $1,740.00 Schedule: Lot F 4 Aspalt Removal 800 SY S3.13 791.88 $3.13 $2,504.00 $2,478.58 5 Recompact Existing Base 800 SY S3.59 106.14 $3.59 $2,872.00 $381.04 6 Undercut and Stone Backfill 20 CY $46.50 0 $46.50 $930.00 $0.00 7 HMAC Surface Course (PG64-22) (2") 800 SY $16.15 726.44 $16.15 $12,920.00 $11,732.01 8 Concrete Parking Curb (T) 250 LF 1 $15.81 240.5 $15.81 $3,952.50 $3,802.31 9 .4" Thick Concrete Pavement w/Class 7 Base (Handicap Parking Area) 35 SY $44.19 60.67 S44.19 $1,546.65 $2,681.01 10 -4" Thick Concrete Pavement w/Class 7 Base (Sidewalk) 25 SY $44.19 0 $44.19 $1.104.75 $0.00 11 -6" Thick Concrete Pavement w/Class 7 Base (Driveway) 20 SY $47.84 0 $47.84 $956.80 $0.00 Page 1 of 2 Bid Item Previous Unit of Conctract Revised Revised Unit Original No Bid Item Description Estimated Measure Unit Price Estimated Price Estimated Cos[ Revised Estimated Cost Quantity Quantity Concrete Curb and Gutter 13 (Standard)(25) 40 LF $16.56 0 516.56 S662.40 $0.00 14 Concrete Curb (Type C) 30 LF $15.81 0 S 15.81 S474.30 $0.00 Pavement Markings (4" Painted 15 Yellow) 525 LF $1.00 514 S1.00 $525.00 $514.00 HMAC Surface Course (PG64-22) 21 1(2") 0 TON S0.00 9.03 $141.55 S0.00 $1,278.20 Summation of Cost $81,687.55 $82,780.40 Lot E Sch. 1 +2 & Lot F Net Cost for Schedule Lot E Sch. 1+2 & Lot F $1,092.85 The origmaI Contract Price was $ 135.129.25 Net change by previously authorized change orders The Contract Price prior to this Change Order was The Contract Price will be increased by The new Contract Price including this Change Order will be The Contract Time(s) will be increased by Required dates of Completion as of the date of this Change Order therefore are: $ 135,129.25 $1,092.85 $ 136,222.10 0 calendar days Substantial Completion _ _ _ _ _ 4-May-20 FinalComple[ion---� W _W _WW _ _ 3-Jun-20 NOTE:This summary does not reflect changes in the Contract Price or Timcs(s) which have been authorized by Work Change Directives not incon 81 Construction Group Inc. 5/12/20 DATE Page 2of2