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Home My WebLink About2020-11-05 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting November 5, 2020 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 5, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: None A. Consent: 1. Approval of the October 20, 2020 City Council Meeting Minutes. APPROVED 2. 2020-0833 Ross Executive Aviation, Inc.: A resolution to approve a five-year lease agreement with Ross Executive Aviation, Inc. for office space in the Airport Terminal building at 4500 South School Avenue Suite D for rent in the amount of $275.00 per month. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 270-20 3. 2020-0895 2021 T-Hangar Lease Agreements: A resolution to approve T-Hangar lease agreements in 2021 at the current rental rate or as adjusted upward by the Airport Board for all T-Hangars rented at the Fayetteville Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.271-20 4. 2020-0897 Bid #20-76 Crossland Heavy Contractors, Inc.: A resolution to award Bid #20-76 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $212,751.03 for construction related to the installation of large slide gates for the aeration basin at the Noland Water Resource Recovery Facility, and to approve a project contingency in the amount of $42,550.21. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.272-20 5. 2020-0899 Midland Industrial Services, LLC: A resolution to approve Change Order No. 1 to the contract with Midland Industrial Services, LLC for additional services on the Noland Water Resource Recovery Facility Electrical Upgrade Project in the amount of $349,814.99. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.273-20 6. 2020-0919 B&H Foto & Electronics Corp.: A resolution to approve the purchase of audio-visual equipment from B&H Foto & Electronics Corp. in the amount of $66,153.65 plus applicable taxes and shipping charges, pursuant to an OMNIA Partners cooperative purchasing contract, for use in the Town Center and City Hall, and to approve a project contingency in the amount of $5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.274-20 7. 2020-0920 Key Code Media: A resolution to approve the purchase of audio-visual equipment from Key Code Media in the amount of $41,249.21 plus applicable taxes and shipping costs, pursuant to an OMNIA Partners cooperative purchasing contract, to facilitate socially distanced public meetings at the Town Center and City Hall, and to approve a project contingency in the amount of $5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 275-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. 2020-0903 Elite Building Solutions: A resolution to accept a quote from Elite Building Solutions in the amount of $76,433.60 for the installation of needlepoint bipolar ionization air purification units in city buildings, and to approve a project contingency in the amount of $23,500. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.276-20 9. 2020-0915 Bid# 20-70 T.F. Thompson Roofing - 2019 City Facilities Improvements Bond Project: A resolution to award Bid #20-70 and authorize a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $41,000.00 for replacement of the Facilities Management shop building roof, and to approve a project contingency in the amount of $6,150.00 - 2019 City Facilities Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.277-20 10.2020-0853 Hawkins -Weir Engineers, Inc. Amendment No. 2 - 2019 Drainage Bond Project: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in the amount of $273,600.00 for engineering design services associated with the project to alleviate flooding near the North College Avenue and East Sunbridge Drive Intersection - 2019 Drainage Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.278-20 B. Unfinished Business: 1. 2020-0821 RZN-2020-005 (660 W. Whillock St./Mistretta): An ordinance to rezone that property described in rezoning petition RZN 20-005 located at 660 West Whillock Street for approximately 0.80 acres from RSF-4, Residential Single Family, 4 units per acre to RMF- 12, Residential Multi Family, 12 units per acre. At the October 20, 2020 City Council meeting this item was left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6372 2. 2020-0827 CUP 2020-003 Cluster Housing Appeal: A resolution to grant the appeal of Council Members Sarah Bunch, Teresa Turk, and Mark Kinion and deny the Conditional Use Permit CUP 2020-003 for a cluster housing development and limited business with associated parking at 1629 North Crossover Road. At the October 20, 2020 City Council meeting this item was tabled for two weeks. THIS RESOLUTION FAILED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov C. New Business: 1. 2020-0865 TLG Peterbilt: A resolution to authorize the purchase of three Peterbilt trash trucks from TLG Peterbilt of Fort Smith, Arkansas for the total amount of $998,764.00, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.279-20 2. 2020-0894 AT&T - Vesta 9-1-1 Portable Command Posts: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of a Vesta 9-1-1 Portable Command Post and additional required equipment from AT&T in the amount of 35,000.00 plus applicable taxes for the Central Dispatch Center, and to authorize future purchases as long as AT&T is the contracted provider for 9-1-1 services through the Washington County Department of Emergency Management. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6373 3. 2020-0850 Amend §111.04 Application for Permits: An ordinance to amend §111.04 Application for Permits in Chapter I I I Alcoholic Beverages of the Fayetteville Code and § 164.18 Supplementary Use Regulations in Chapter 164 Supplemental Zoning Regulations and Specialized Development Regulations of the Unified Development Code to conform separation requirements for businesses permitted to sell alcohol to Arkansas law. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6374 4. 2020-0896 RZN 2020-012 (226 & 300 S. Gregg Ave./Holst-Powell): An ordinance to rezone that property described in rezoning petition RZN 20-012 located at 226 & 300 South Gregg Avenue for approximately 0.37 acres from I-1, Heavy Commercial & Light Industrial to RI- U, Residential Intermediate -Urban. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6375 5. 2020-0898 RZN 2020-013 (420 E. Rebecca St./Bush): An ordinance to rezone that property described in rezoning petition RZN 20-013 located at 4200 East Rebecca Street for approximately 0.29 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6376 6. 2020-0906 R-PZD-2020-001 (East of E. Sain St./Trails on the Creek): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 2020-001 for approximately 20.77 acres 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov located east of East Sain Street to allow the development of 321 multi -family units with associated parking, parkland, and tree preservation areas. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6377 7. 2020-0941 MCCI, LLC: A resolution to accept a quote from MCCI, LLC in the amount of $29,400.00, pursuant to a National Cooperative Purchasing Alliance contract, to digitize city records and authorize the purchase of additional services as needed through April 30, 2022, and any future renewal periods. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 280-20 8. 2020-0892 Appeal RZN-2020-009 (6061 W. Dot Tipton Rd./JRJBCS, Inc.): An ordinance to rezone that property described in rezoning petition RZN 20-009 located at 6061 West Dot Tipton Road for approximately 39.88 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, 4 units per acre. THIS ORDINANCE WAS REFERRED TO THE PLANNING COMMISSION Announcements: Susan Norton, Chief of Staff spoke briefly about City of Fayetteville news. Information can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: Agenda Session Presentation - Audit Committee Presentation of the 2019 Financial Audit. Sales Tax Report and Energy Report Presentation. City Council Tour: None Adiournment: 9:10 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: November 5, 2020 n0�'n�),r(�'k 0RlOP./AA Subject: Consent Motion To: Motion By:CX Seconded: A. 1 -A. 10 ryry��-� I`� r owl .10 1 V� �tl1 -PO n b .V" O -90 r`t • 10 Marsh Kinion Petty Scroggin Bunch Turk Smith J Gutierrez 1 Mayor Jordan Subject: ! l l Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin f Bunch Turk Smith Gutierrez Mayor Jordan - - --- City Council Meeting: November 5, 2020 Subject: RZN-2020-005 (660 W. Whillock St./Mistretta): 2020-0821 Motion To: Motion By: n -----------— Seconded:�— Unfinished Business B. 1 Marsh Kinion Petty J J Scroggin J J �J Bunch J J Turk J Smith \� Gutierrez / Mayor Jordan q'C2 � - O ' -.0 Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: Cup 2020-003 Cluster Housing Appeal: 2020-0827 Motion To: Axi�uue, Motion By: Seconded: Unfinished Marsh aQ Kinion J Business B.2 \� Petty VA Scroggin -N Bunch Turk Smith Gutierrez Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: TLG Peterbilt: 2020-0865 Motion To: Motion By: Seconded: ace New Business CA Marsh Kinion Petty Scroggin Bunch J Turk Smith Gutierrez Mayor Jordan ---�� e6 0 Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: AT&T -Vesta 9-1-1 Portable Command Posts: 2020-0894 Motion To: � 3Ro(,,,rJ AoofoL)4_ Motion By: -' -p 7 �~ Seconded: ;V1,OMarsh New f Kinion Kinion f Petty J / Business Scroggin C.2 Bunch f J Turk f Smith / Gutierrez f / Mayor Jordan ----- Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: Amend 111.04 Application For Permits: 2020-0850 Motion To: r + l� 2) 1 V Motion By: h Seconded: New Business C.3 Marsh Kinion I Petty Scroggin J Bunch Turk V Smith Gutierrez O Mayor Jordan b --� -�� 10 �,5 - 0 Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: RZN 2020-012 (226 & 300 S. Gregg Ave./Holst-Powell): 2020-0896 Motion To: TOLo J �� ,on Motion By:AL k MaL r \ -----� Seconded: New Business C.4 01-6 Marsh J Kinion J Petty Scroggin J Bunch Turk J Smith Gutierrez Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: RZN 2020-013 (420 E. Rebecca St./Bush): 2020-0898 Motion To: Motion By: /VI X, Seconded: New Business C.5 bTurkI . Y Marsh J ✓ Kinion J J Petty ✓ J Scroggin J ✓ J Bunch J Smith J J Gutierrez d Mayor Jordan Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: R-PZD 2020-001 (East Of E. Sain St./Trails On The Creek): 2020-0906 Motion To: a, P rJ A fo v Motion By: u Seconded: ^� J New Business C.6 �} b� l Marsh -� Kinion Petty Scroggin Bunch V Turk V/ Smith f / Gutierrez Mayor Jordan ' 9 -n 1-)-0 -?o Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: MCCI, LLC: 2020-0941 Motion To: Upcoi-e, Motion By: I Seconded: ; Z Marsh -� New Business C. 7 1 `b0n Kinion Petty Scroggin J Bunch Turk Smith Gutierrez Mayor Jordan 7 -a Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan City Council Meeting: November 5, 2020 Subject: Appeal RZN 2020-009 (6061 W. Dot Tipton Rd./JRJBCS, INQ: 2020-0892 Motion To:� Motion By: Seconded: New Marsh Kinion J Petty Scroggin Business Bunch Q C.:B f 1 �? j Turk � Smith sr1 Gutierrez Mayor Jordan �f- --- Subject: Motion To: Motion By: Seconded: Marsh Kinion Petty Scroggin Bunch Turk Smith Gutierrez Mayor Jordan 0 (j Ul JrA r�Yl City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, October 27, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan ScroggTin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda October 27, 2020 Call To Order /Roll Call Vpledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: /1. 2019-0966 MONTHLY FINANCIAL REPORT -- PCA V I Be G ker- Agenda Additions ,//A. Consent: J A.1 2019-0989 APPROVAL OF THE OCTOBER 20, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0833 ROSS EXECUTIVE AVIATION, INC.: A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH ROSS EXECUTIVE AVIATION, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE D FOR RENT IN THE AMOUNT OF $275.00 PER MONTH ,//A.3 2020-0895 2021 T-HANGAR LEASE AGREEMENTS: A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2021 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE AIRPORT City of Fayetteville, Arkansas Page 2 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 A.4 2020-0897 BID #20-76 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID #20-76 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $212,751.03 FOR CONSTRUCTION RELATED TO THE INSTALLATION OF LARGE SLIDE GATES FOR THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,550.21 .,.5 2020-0899 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $349,814.99 r A.6 2020-0919 B&H FOTO & ELECTRONICS CORP.: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM B&H FOTO & ELECTRONICS CORP. IN THE AMOUNT OF $66,153.65 PLUS APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, FOR USE IN THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 City of Fayetteville, Arkansas Page 3 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 /A. 7 2020-0920 KEY CODE MEDIA: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM KEY CODE MEDIA IN THE AMOUNT OF $41,249.21 PLUS APPLICABLE TAXES AND SHIPPING COSTS, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, TO FACILITATE SOCIALLY DISTANCED PUBLIC MEETINGS AT THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 A.5 2020-0903 ELITE BUILDING SOLUTIONS: A RESOLUTION TO ACCEPT A QUOTE FROM ELITE BUILDING SOLUTIONS IN THE AMOUNT OF $76,433.60 FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION AIR PURIFICATION UNITS IN CITY BUILDINGS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $23,500 I A.9 2020-0915 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 ./"fll 2020-0853 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO.2 - 2019 DRAINAGE BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $273,600.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION - 2019 DRAINAGE BOND PROJECT jB. Unfinished Business: JBA 2020-0821 RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE At the October 20, 2020 City Council meeting this item was left on the First Reading. �B.2 2020-0827 CUP 2020-003 CLUSTER HOUSING APPEAL: A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, TERESA TURK, AND MARK KINION AND DENY THE CONDITIONAL USE PERMIT CUP 2020-003 FOR A CLUSTER HOUSING DEVELOPMENT AND LIMITED BUSINESS WITH ASSOCIATED PARKING AT 1629 NORTH CROSSOVER ROAD At the October 20, 2020 City Council meeting this item was tabled for two weeks. C. New Business: City of Fayetteville, Arkansas Page 5 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 i• C.1 2020-0865 TLC PETERBILT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT TRASH TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $998,764.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT i 2020-0894 AT&T - VESTA 9-1-1 PORTABLE COMMAND POSTS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A VESTA 9-1-1 PORTABLE COMMAND POST AND ADDITIONAL REQUIRED EQUIPMENT FROM AT&T IN THE AMOUNT OF 35,000.00 PLUS APPLICABLE TAXES FOR THE CENTRAL DISPATCH CENTER, AND TO AUTHORIZE FUTURE PURCHASES AS LONG AS AT&T IS THE CONTRACTED PROVIDER FOR 9-1-1 SERVICES THROUGH THE WASHINGTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT /C.3 2020-0850 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER I I I ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW City of Fayetteville, Arkansas Page 6 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 r I/C.4 2020-0896 RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN fC.5 2020-0898 RZN 2020-013 (420 E. REBECCA ST./BUSH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-013 LOCATED AT 4200 EAST REBECCA STREET FOR APPROXIMATELY 0.29 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE C 6 2020-0906 R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS D. City Council Agenda Session Presentations: D.1 2020-0931 C. 8 adao- � Z�/-a0a0-o00C0q AGENDA SESSION PRESENTATIONS: ALES TAX REPORT - PAUL BECKER /ENERGY REPORT - PETER NIERENGARTEN City of Fayetteville, Arkansas Page 7 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 V/D.2 2020-0922 AGENDA SESSION PRESENTATION - PUBLIC SAFETY CAMPUS SITE DESIGN PRESENTATION E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 10/22(2020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 AL �r City Council Tentative Agenda Tuesday, October 27, 2020 4:30 PM City Hall Room 219 Cit Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda October 27, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2019-0966 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent: A.1 2019-0989 APPROVAL OF THE OCTOBER 20, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0833 ROSS EXECUTIVE AVIATION, INC.: A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH ROSS EXECUTIVE AVIATION, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE D FOR RENT IN THE AMOUNT OF $275.00 PER MONTH Su bier Fallen A; 2020-0895 2021 T-HANGAR LEASE AGREEMENTS: A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2021 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE AIRPORT Summer Fallen City of Fayetteville, Arkansas Page 2 Printed on 1012112020 City Council Agenda Session Tentative Agenda October 27, 2020 2020-0897 BID #20-76 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID #20-76 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $212,751.03 FOR CONSTRUCTION RELATED TO THE INSTALLATION OF LARGE SLIDE GATES FOR THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,550.21 Ti Nyander A\ 2020-0899 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $349,814.99 Ti Nyander 6 2020-0919 B&H FOTO & ELECTRONICS CORP.: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM B&H FOTO & ELECTRONICS CORP. IN THE AMOUNT OF $66,153.65 PLUS APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, FOR USE IN THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 Doug Bankston City of Fayetteville, Arkansas Page 3 Printed on 1012112020 City Council Agenda Session Tentative Agenda October 27, 2020 A4 2020-0920 KEY CODE MEDIA: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM KEY CODE MEDIA IN THE AMOUNT OF $41,249.21 PLUS APPLICABLE TAXES AND SHIPPING COSTS, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, TO FACILITATE SOCIALLY DISTANCED PUBLIC MEETINGS AT THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 DOLI� Bankston A.N 2020-0903 ELITE BUILDING SOLUTIONS: A RESOLUTION TO ACCEPT A QUOTE FROM ELITE BUILDING SOLUTIONS IN THE AMOUNT OF $76,433.60 FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION AIR PURIFICATION UNITS IN CITY BUILDINGS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $23,500 Ma hew Cabe AZ 2020-0915 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT Wade Abernathy City of Fayetteville, Arkansas Page 4 Printed on 1012112020 City Council Agenda Session Tentative Agenda October 27, 2020 0 2020-0853 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO. 2 - 2019 DRAINAGE BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $273,600.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION - 2019 DRAINAGE BOND PROJECT Chris Brown B. Unfinished Business: 1 2020-0821 RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE At the October 21, 2020 City Council meeting this item was left on the First Reading. 2 2020-0827 CUP 2020-003 CLUSTER HOUSING APPEAL: A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, TERESA TURK, AND MARK KINION AND DENY THE CONDITIONAL USE PERMIT CUP 2020-003 FOR A CLUSTER HOUSING DEVELOPMENT AND LIMITED BUSINESS WITH ASSOCIATED PARKING AT 1629 NORTH CROSSOVER ROAD At the October 21, 2020 City Council meeting this item was tabled for two weeks. C. New Business: City of Fayetteville, Arkansas Page 5 Printed on 1012112020 City Council Agenda Session Tentative Agenda October 27, 2020 C0.1 2020-0865 TLG PETERBILT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT TRASH TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $998,764.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT WGlenn 2020-0894 AT&T - VESTA 9-1-1 PORTABLE COMMAND POSTS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A VESTA 9-1-1 PORTABLE COMMAND POST AND ADDITIONAL REQUIRED EQUIPMENT FROM AT&T IN THE AMOUNT OF 35,000.00 PLUS APPLICABLE TAXES FOR THE CENTRAL DISPATCH CENTER, AND TO AUTHORIZE FUTURE PURCHASES AS LONG AS AT&T IS THE CONTRACTED PROVIDER FOR 9-1-1 SERVICES THROUGH THE WASHINGTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT Mi e Reynolds 2020-0850 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER I I I ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW Garner Stoll City of Fayetteville, Arkansas Page 6 Printed on 1012112020 City Council Agenda Session Tentative Agenda October 27, 2020 I 2020-0896 RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Gina Stoll Qf.5 2020-0898 RZN 2020-013 (420 E. REBECCA ST./BUSH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-013 LOCATED AT 4200 EAST REBECCA STREET FOR APPROXIMATELY 0.29 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE 6,11-1cr Stoll 6.6 2020-0906 R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS Garner Stoll D. City Council Agenda Session Presentations: k l &11 y tf)' E. City Council Tour: I F. Announcements: City of Fayetteville, Arkansas Page 7 Printed on 1012112020 City Council Agenda Session Tentative Agenda October 27, 2020 G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 1012112020 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan THRU: Kara Paxton, City Clerk FROM: Kit Williams, City Attorney DATE: November 6, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of November 5, 2020 1. A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH ROSS EXECUTIVE AVIATION, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE D FOR RENT IN THE AMOUNT OF $275.00 PER MONTH 2. A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2021 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE AIRPORT 3. A RESOLUTION TO AWARD BID #20-76 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $212,751.03 FOR CONSTRUCTION RELATED TO THE INSTALLATION OF LARGE SLIDE GATES FOR THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,550.21 4. A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $349,814.99 5. A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM B&H FOTO & ELECTRONICS CORP. IN THE AMOUNT OF $66,153.65 PLUS APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, FOR USE IN THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 6. A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM KEY CODE MEDIA IN THE AMOUNT OF $41,249.21 PLUS APPLICABLE TAXES AND SHIPPING COSTS, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, TO FACILITATE SOCIALLY DISTANCED PUBLIC MEETINGS AT THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 7. A RESOLUTION TO ACCEPT A QUOTE FROM ELITE BUILDING SOLUTIONS IN THE AMOUNT OF $76,433.60 FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION AIR PURIFICATION UNITS IN CITY BUILDINGS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $23,500 8. A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT 9. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $273,600.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION - 2019 DRAINAGE BOND PROJECT 10. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE 11. A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT TRASH TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $998,764.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT 12. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A VESTA 9-1-1 PORTABLE COMMAND POST AND ADDITIONAL REQUIRED EQUIPMENT FROM AT&T IN THE AMOUNT OF 35,000.00 PLUS APPLICABLE TAXES FOR THE CENTRAL DISPATCH CENTER, AND TO AUTHORIZE FUTURE PURCHASES AS LONG AS AT&T IS THE CONTRACTED PROVIDER FOR 9-1-1 SERVICES THROUGH THE WASHINGTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT pi 13. AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER III ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW 14. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 15. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-013 LOCATED AT 4200 EAST REBECCA STREET FOR APPROXIMATELY 0.29 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE 16. AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI- FAMILY UNITS WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS 17. A RESOLUTION TO ACCEPT A QUOTE FROM MCCI, LLC IN THE AMOUNT OF $29,400.00, PURSUANT TO A NATIONAL COOPERATIVE PURCHASING ALLIANCE CONTRACT, TO DIGITIZE CITY RECORDS AND AUTHORIZE THE PURCHASE OF ADDITIONAL SERVICES AS NEEDED THROUGH APRIL 30, 2022, AND ANY FUTURE RENEWAL PERIODS 3 HALL ESTILL ATTORNEYS AT LAW October 5, 2020 VIA US MAIL & E-MAIL cityclerkgfayetteville-ar.gov Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 Re: Appeal of Rezone Request RZN-2020-000009 (6061 W. Dot Tipton Rd./JRJBCS, Inc., 474/475) Dear Ms. Paxton: Robert K. Rhoads 75 N. East Avenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill.com The above referenced rezoning request was heard before the Planning Commission on September 281h 2020. The Planning Commission voted to not recommend the rezoning to the City Council; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of the rezoning be put on the next scheduled appropriate City Council Agenda. The Petitioner believes the Planning Commission's refusal to recommend approval of the rezoning was in error and contrary to Unified Development Codes 161.03 and 161.07 in that the rezoning request was compatible with neighboring property in light of the future plans of the City. I thank you in advance. X ours K. Rhoads RKR:slt Cc: Clients Johnathan Curth Ryan Umberger Tom Hennelly Kit Williams Blake Pennington "AWMARJUM Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com Kara Paxton, City Clerk October 5, 2020 Page 2 P.S. There is a good chance we will withdraw this Appeal and go back to the Planning Commission with substantial changes to the rezoning request covering the property, but I wanted to preserve our appeal rights. 4619405.1:000156.00001 CITY OF FAYETTEVILLE MW ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Ryan Umberger, Planner DATE: October 16, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000009: Rezone (6061 W. DOT TIPTON RD./JRJBCS, INC., 474/475): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 6061 W. DOT TIPTON RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 39.88 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject area includes seven parcels totaling approximately 39.88 acres. The area in question spans the south side of W. Tipton Rd. between N. 54th Ave. and N. Double Springs Rd. The subject properties are zoned R-A, Residential Agricultural and are currently undeveloped. A portion of the rezoning request is adjacent to Farmington City limits. In 2008 a request for a Residential Planned Zoning District was submitted for the same group of properties. The request sought to construct 182 single-family dwelling units divided into three residential planning areas and include 3.5 acres of public pedestrian trails and green space. The overall proposed density for the project was 4.55 units per acre. The Planning Commission denied the request with commissioners citing concerns about density and the project's location on the outskirts of town. Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-4, Residential Single-family, 4 Units per Acre. The applicant intends to develop the property into a residential subdivision which would be compatible with the underlying zoning district. The western portion of the subject property abuts Farmington city limits. Under State statute 14- 56-306(B), a zoning map amendment that is proposed in one municipality on land adjoining the boundary of another municipality is subject to the consideration of both. Accordingly, prior to recordation of an ordinance to rezone the subject property, it shall be considered and approved by the City of Farmington. Land Use Compatibility. The subject property, on the west side of Fayetteville, is surrounded by large rural residential lots and agricultural land with very low densities. The property lies within the Farmington School District due to the presence of Pop Williams Elementary along Broyles Street. Farmington Schools have not provided comment on the project. Although, the area along N. Double Springs Rd. is experiencing pressure for development, staff believes RSF-4 is out of place with the immediately surrounding rural character of the area. The applicant's request letter describes the proposal as necessary due to the limited availability of large tracts of land within the City. The applicant suggests by approving this rezoning, the property can be developed in a way that utilizes the existing and adequate road, water and sanitary sewer services to support development and help decrease maintenance costs for the City. Staff finds traffic concerns to likely be exacerbated due to the requirement of future residents to drive for any good or service. The area lacks a diverse transportation network as there is no sidewalk or trail connectivity and the main routes to and from the property are along streets that are largely unimproved. Sidewalks are not present on W. Dot Tipton, 54th Ave. and are inconsistent on N. Double Springs Rd. The site is near Wedington Drive, a Regional Link street. As a Regional Link, Wedington Dr. is intended to support volumes of up to 17,600 a day. Double Springs Rd. would likely facilitate most traffic from the site to Wedington Dr. According to the Master Street Plan Double Springs Rd. can support volumes up to 6,000 vehicle trips per day. ArDOT most recently collected counts in 2016, about a half -mile north of the site and collected 3,900 AADT. Local accident data shows there have been three non -injury accidents reported between N. Double Spring's intersection with Dot Tipton and Wedington Dr. since 2015. The Master Street Plan shows a planned Neighborhood Link and Residential Link to intersect the property. Land Use Plan Analysis: Staff has concerns that the rezoning does not align with several of the primary Goals of City Plan 2040. The request is not considered infill or revitalization and rezoning to RSF-4 is incompatible with aims to discourage suburban sprawl. The subject area is at the furthest west extent of city limits with little proximity to City services. Therefore, by rezoning the properties any subsequent development would increase automobile dependence on an unimproved street system; in contrast to the City's goal of growing a livable transportation network. It's questionable a rezone to RSF-4 will create opportunities for attainable housing. RSF-4 severely restricts the permissible by -right uses limiting variety in housing stock. Fayetteville's long-range plans discourage sprawl by supporting revitalization nearer to the urban center, assessing where services are provided, and by limiting growth on the edges of the city. The subject area lacks non-residential services or employment centers in the vicinity, so any development is likely to create a greater burden on existing infrastructure in the area. Future residents will likely anticipate improvement of access and amenities in the area by the City, at a level that is not viable at this time. The subject area is designated as a Residential Neighborhood Area on the City's Future Land Use Map. Residential Neighborhood Areas are intended to support a wide variety of housing types of appropriate scale and context. RSF-4 encourages predominantly single-family neighborhoods in contrast to the Residential Neighborhood Area's allowance for a mix of residential uses and densities including duplex, 3-plex, 4-plex where appropriate. The proposed rezoning limits the range of permissible residence types even beyond what is allowed in the existing R-A zoning. Attainable housing is jeopardized by both the limitation of housing variety and the orientation toward vehicular travel. Given the considerations above, staff does not support the proposal, but finds that future development may be appropriate as services and amenities extend towards this portion of the City's periphery. Public Comment. Staff has received public comment in opposition to the requested rezoning. The neighbors' concerns center around issues associated with increased density including traffic, drainage, reduced property values, and the loss of the rural character of the area. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 0 and 3 for the subject property. The following elements of the matrix contribute to the score: • Near Park (Harmony Pointe Park) • Near Water Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) • Near Sewer Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) DISCUSSION: On September 28, 2020, the Planning Commission denied the rezoning request by a vote of 7-0- 0. During the meeting a neighboring property owner voiced opposition to the rezoning. The resident's concerns involved preservation of the rural area, inadequate road infrastructure, and consideration for Farmington Schools. Commissioners were generally opposed to the proposal's inadequacy in meeting the City's long-range planning goals regarding infill, citing concerns with urban sprawl and the importance of prairie land preservation. BUDGET/STAFF IMPACT: None Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000009 Close Up View JL IMERICK-1-t9q RMF-6 Y Q l RSF-4 rV i• _ N; ■■■■■■ 0 Cb (D z a U) w J m O 0 RSF-2 Legend Planning Area mmmmg::� �- - - Fayetteville City Limits 0 145 290 Building Footprint JRJBCS, Inc. I W J Q N 0 v� p m I z W U _ N m J O IRISH BEND DR v DOT TIPTON,RD------- 1 Proposed r RSF-4 Subject Property ■ ■ Feet 580 870 1 inch = 400 feet 1,160 RSF-1 tY o rx W Ica WE A& NORTH Zoning Acres RSF-4 39.9 Total 39.9 RZN-2020-000009 EXHIBIT'B' Legal Description PARCELS DESCRIBED FROM PLAT 2018-00011608. 765-20489-100, 765-16202-600, 765-16202-650, 765-16202-150, 765-16202-500, 765-16202-550 & 765- 16202-450: A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14 AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, ALL BEING LOCATED IN TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N00'13'09"E 55.00' FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 AND RUNNING THENCE 589'54'14"W 1320.85', THENCE 500-16'33"W 55.08' TO AN EXISTING ALUMINUM MONUMENT MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15, THENCE ALONG THE SOUTH LINE THEREOF S89°46'03"W 825.55' TO AN EXISTING REBAR, THENCE LEAVING SAID SOUTH LINE N00-01'06"W 788.86' TO AN EXISTING REBAR, THENCE 589'51'03"W 498.02', THENCE N00-00'21"W 178.40' TO AN EXISTING COTTON SPINDLE, THENCE N89°48'21"E 939.37' TO AN EXISTING REBAR, THENCE 500-00'55"E 453.49' TO AN EXISTING REBAR, THENCE 589'27'42"E 386.81' TO AN EXISTING REBAR, THENCE N00-04'09"E 52.23' TO AN EXISTING REBAR, THENCE N00°15'50"E 30.31', THENCE N89°59'18"E 196.55, TO AN EXISTING REBAR, THENCE N00°57'25"W 531.53' TO THE CENTERLINE OF DOT TIPTON ROAD, THENCE ALONG SAID CENTERLINE N89°18'56"E 597.15', THENCE LEAVING SAID CENTERLINE S00°08'38"W 537.41', THENCE N89°54'27"E 537.07' TO AN EXISTING REBAR, THENCE S00°13'09"W 535.99' TO THE POINT OF BEGINNING, CONTAINING 39.88 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH DOUBLE SPRINGS ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT, SUBJECT TO THAT PORTION IN DOT TIPTON ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT, AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Ryan Umberger, Planner MEETING DATE: September 28, 2020 SUBJECT: RZN-2020-000009: Rezone (6061 W. DOT TIPTON RD./JRJBCS, INC., 474/475): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 6061 W. DOT TIPTON RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 39.88 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN-2020-000009. RECOMMENDED MOTION: "I move to deny RZN-2020-000009." BACKGROUND: The subject area includes seven parcels totaling approximately 39.88 acres. The area in question spans the south side of W. Tipton Rd. between N. 54th Ave. and N. Double Springs Rd. The subject properties are zoned R-A, Residential Agricultural and are currently undeveloped. A portion of the rezoning request is adjacent to Farmington City limits. In 2008 a request for a Residential Planned Zoning District was submitted for the same group of properties. The request sought to construct 182 single-family dwelling units divided into three residential planning areas and include 3.5 acres of public pedestrian trails and green space. The overall proposed density for the project was 4.55 units per acre. The Planning Commission denied the request with commissioners citing concerns about density and the project's location on the outskirts of town. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Large Lot Residential R-A, Residential Agricultural; RSF-1, Residential Single-family, 1 Units per Acre South Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre; RSF-2, Residential Single-family, 2 Units per Acre East Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre West Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-4, Residential Single-family, 4 Units per Acre. The applicant did not explicitly share their intentions for the land but suggest development which would be compatible with the City's future land use plan and growth in the area. Under State statute 14-56-306(B), a zoning map amendment that is proposed in one municipality on land adjoining the boundary of another municipality is subject to the consideration of both. The western portion of the subject property abuts Farmington's city limits. Accordingly, prior to recordation of an ordinance to rezone the subject property, it shall be considered and approved by the City of Farmington. Public Comment: Staff has received public comment in opposition to the requested rezoning. The neighbors' concerns center around issues associated with increased density including traffic, drainage, reduced property values, and the loss of the rural character of the area. INFRASTRUCTURE: Streets: The subject area has frontage to W. Dot Tipton Rd. and about 180 feet of frontage along N. Double Springs Rd. Both streets are unimproved Residential Link streets with asphalt paving, lacking curbs, gutters, and sidewalk along the subject area's frontage. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the overall subject area. Parcel 765-20489-100 has access to an existing 8-inch water main along N. Double Springs Rd. An existing 8-inch water main is present along the south of W. Dot Tipton Rd. servicing parcels 765-16202-150 and 765-16202-650. Parcels 765-16202-600, 765-16202- 500, 765-16202-550 and 765-16202-450 do not have direct access to water. Sewer: Sanitary Sewer is available to the overall subject area. Parcels 765-16202-150 and 765-16202-650 have access to an existing 8-inch sanitary sewer main. Parcels 765-20489-100, 765-16202-600, 765-16202-500, 765-16202-550 and 765-16202-450 do not have direct access to sanitary sewer. Lift Station LS-44 is present in the subject area. Drainage: No portion of the property is within the Hillside -Hilltop Overlay District or FEMA floodplain. There are no protected streams on the property. Hydric soils appear to be present on much of the subject area. Fire: Station 7, located at 835 N. Rupple, protects the site. The property is located approximately 3.4 miles from the fire station with an anticipated drive time of approximately 6 minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. This property does not meet the fire department's response goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 0 and 3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 2. The following elements of the matrix contribute to the score: • Near Park (Harmony Pointe Park) • Near Water Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) • Near Sewer Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility. In staff's opinion, the uses permitted within the RSF- 4 zoning district are not generally compatible with the surrounding residential uses. This site, on the west side of Fayetteville, is surrounded by large rural residential lots and agricultural land at very low densities. Although, the area along N. Double Springs Rd. is experiencing pressure for development, staff believes RSF-4 is out of place with the immediately surrounding rural character of the area. Rezoning and development at the proposed density in this area may be appropriate at a later date, however, it is not supported by adequate levels of infrastructure or services currently. Land Use Plan Analysis: Staff has concerns that the rezoning does not align with several of the primary Goals of City Plan 2040. The request is not considered infill or revitalization and rezoning to RSF-4 is incompatible with aims to discourage suburban sprawl. The subject area is at the furthest west extent of city limits with little proximity to City services. Therefore, by rezoning the properties any subsequent development would increase automobile dependence on an unimproved street system; in contrast to the City's goal of growing a livable transportation network. It's questionable a rezone to RSF-4 will create opportunities for attainable housing. RSF-4 severely restricts the permissible by -right uses limiting variety in housing stock. Fayetteville's long-range plans discourage sprawl by supporting revitalization nearer to the urban center, assessing where services are provided, and by limiting growth on the edges of the city. The subject area lacks non-residential services or employment centers in the vicinity, so any development is likely to create a greater burden on existing infrastructure in the area. Future residents will likely anticipate improvement of access and amenities in the area by the City, at a level that is not viable at this time. The subject area is designated as a Residential Neighborhood Area on the City's Future Land Use Map. Residential Neighborhood Areas are intended to support a wide variety of housing types of appropriate scale and context. RSF-4 encourages predominantly single-family neighborhoods in contrast to the Residential Neighborhood Area's allowance for a mix of residential uses and densities including duplex, 3-plex, 4-plex where appropriate. The proposed rezoning limits the range of permissible residence types even beyond what is allowed in the existing R-A zoning. Attainable housing is jeopardized by both the limitation of housing variety and the orientation toward vehicular travel. Given the considerations above, staff does not support the proposal, but finds that future development may be appropriate as services and amenities extend towards this portion of the City's periphery. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant's request letter describes the proposal as necessary due to the limited availability of large tracts of land within the City. The applicant suggests by approving this rezoning, the property can be developed in a way that utilizes the existing street and utility infrastructure which will help to decrease maintenance costs for the City. Staff finds the proposed zoning is not justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-A to RSF-4 may appreciably increase traffic to this location due to the number of vehicle trips associated with increased residential uses. With due consideration for this potential, the site is near Wedington Drive, a Regional Link street. As a Regional Link, Wedington Dr. is intended to support volumes of up to 17,600 a day. Double Springs Rd. would likely facilitate most traffic from the site to Wedington Dr. According to the Master Street Plan Double Springs Rd. can support volumes up to 6,000 vehicle trips per day. ArDOT most recently collected counts in 2016, about a half -mile north of the site and collected 3,900 AADT. Local accident data shows there have been three non -injury accidents reported between N. Double Spring's intersection with Dot Tipton and Wedington Dr. since 2015. The Master Street Plan shows a planned Neighborhood Link and Residential Link to intersect the property. Staff finds traffic concerns to likely be exacerbated due to the requirement of future residents to drive for any good or service. The area lacks a diverse transportation network as there is no sidewalk or trail connectivity and the main routes to and from the property are along streets that are largely unimproved. Sidewalks are not present on W. Dot Tipton, 54th Ave. and are inconsistent on N. Double Springs Rd. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RSF-4 will lead to an increased density over the current R-A and surrounding RSF-1 and RSF-2 zones. However, there are existing and adequate water and sanitary sewer services to support development. The property lies within the Farmington School District for Pop Williams Elementary along Broyles Street. Farmington Schools have not provided comment 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Staff finds the development proposal to be premature considering the context of the surrounding area. Staff acknowledges development along Double Springs Rd. is undoubtably appropriate but cannot be accommodated with the current level of services and amenities. RECOMMENDATION: Planning staff recommends denial of RZN-2020-000009. PLANNING COMMISSION ACTION: Required YES Date: September 28, 2020 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.07 -District RSF-4, Residential Single -Family -Four (4) Units Per Acre • Request letter • Public Comment • Barnes, Les • Dowty, Karee • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 Unit 4 City-wide uses by conditional use permit Cultural and recreational facilities Government facilities Unit 5 Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half ('/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: Nonresidential: Lot area per dwelling unit (E) Setback Requirements. Front 35 feet Side 20 feet 2 acres 2 acres 2 acres Rear 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) a Crafton Tull ® architecture I engineering I surveying August 19, 2020 City of Fayetteville Attn: Planning Department 113 West Mountain St Fayetteville, AR 72701 Re: Rezone Application — Dot Tipton Property CT Job #: 20108000 Planning Staff, 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com On behalf of our client, JRJBCS, LLC, we are submitting an application to rezone approximately 40 acres of land adjacent to Dot Tipton Road in west Fayetteville. The property is comprised of seven different parcels that are all currently zoned RA. We are seeking approval to rezone to RS F-4. RSF 4 RMF-6 s 0 x 0 c a Yi - - - r - - .. - - - r jam[ -r 1 l r 1 1 jx---------r 1 1 ..r 1 1 1 I 1 1 • 1 1 1 1 1 i1 1 1 1 1 [ 1 1 1 1 R-A 1 r [ ! 1 1 1 [ I " r 1 1 - - r - - - - - - - - - .. r ' 1' - ... - .. r .... - - - - - - - - - - - - - - - - - - .. W r 1 FLSF-/ The City of Fayetteville future land use plan (2040) designates this area as Residential Neighborhood. Within this plan, Residential Neighborhood areas are defined as being "primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family homes, duplexes, rowhouses, multifamily and accessory dwellings." a Crafton Tull ® architecture I engineering I surveying 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com The property is surrounded by parcels currently zoned RSF-1, RSF-2 and RSF-4. It is just south and east of two large existing residential single-family developments. Water and sanitary sewer infrastructure are both available on site. We feel that rezoning the property to RSF-4 would be both compatible with the City's future land use plan and the growth in the area. It will not unreasonably affect or conflict with the surrounding land uses. Large tracts of land within the City of Fayetteville are becoming less and less available. By approving this rezoning, the property can be developed in a way that utilizes the existing street and utility infrastructure which will help to decrease maintenance costs for the City in the future. Traffic leaving the site would do so on to Dot Tipton and have access to both W Wedington Dr. and Martin Luther King Blvd. via N Double Springs Rd. and N 541" Ave. Any traffic analysis required would be performed at the time of preliminary plat. It is for the reasons above we are requesting your review of this rezoning application. Please feel free to contact us with any questions. Thank you, Joseph Fifer, PE Project Manager Umberger, Ryan From: Planning Shared Sent: Monday, September 14, 2020 8:48 AM To: Umberger, Ryan Subject: FW: REF: Rezoning request of 40 acres from RA to RSF-4 Willie Benson Planning Technician Planning Division City of Fayetteville, Arkansas 479-718-7625 From: Les Barnes <Ies.barnes4380@gmail.com> Sent: Sunday, September 13, 2020 8:15 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: REF: Rezoning request of 40 acres from RA to RSF-4 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. We received notice that JRJBCS, LLC (thru Crafton, Tull & Associated) seeks to rezone a 40 acre tract adjacent to our property from Residential -Agriculture (RA) to Residential Single Family 4 units/acre (RSF-4). The notice didn't specify where the 40 acres were located, but I called Joseph Fifer at Crafton, Tull & Associates and got the location as being at the corner of Double Springs Road and then east along Dot Tipton Road. I am writing to request this rezoning to RSF-4 be denied. The existing homes along the west side of this 40 acres are all on 2+ acre lots. My home is on a 2.5 acre lot and zoned RA. Having 4 houses to the acre, as this rezoning request desires, would negatively impact the property value of my home and therefore I oppose this density level being immediately adjacent to my home. The PE (Joseph Fifer) for Crafton, Tull & Associates told me via our phone conversation on September 4, 2020 that the builder is not planning to actually build to that density but rather at the density of Silverthorn subdivision, or the density of houses along Persimmon in Legacy Point subdivision (both subdivisions are within 1/2 mile of my house). Silverthorn has houses on 1 acre lots and other houses at approximately 1/2 acre lots. The houses in Legacy Point along Persimmon are also on approximately 1/2 acre lots. I don't know the official density levels for those subdivisions but it appears to be closer to RSF-2. If that's how JRJBCS, LLC plans to build then that's what they should request - not RSF-4. In addition to potentially decreased property value, I'm also concerned about the added traffic levels to Double Springs Road and the severe water runoff caused by having that many houses, driveways and streets on that property. The land is not level. About half of the 40 acres drains to the west. Even now, when we have heavy rains, the water runs between my home and the house to my south creating a knee-deep, nearly 1/4 acre pond that takes many days/week to drain or evaporate. The added runoff will only make the flooding problem worse. Thank you for your consideration. Please contact me if you have any questions or need further details. Regards, Leslie Barnes 76 N. Double Springs Road Farmington, AR (I'm actually in Fayetteville city limits) 479-263-4380 Virus -free. www.avast.com Umberger, Ryan From: Planning Shared Sent: Friday, September 11, 2020 10:30 AM To: Umberger, Ryan Subject: FW: Opposition of Rezoning Ryan, Public comment on RZN 20-000009. 1 will save to EG if you will respond, etc. Thanks. Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison@fayetteville-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube -----Original Message ----- From: Karee Dowty [mailto:kareedowty@yahoo.com] Sent: Friday, September 11, 2020 10:17 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Opposition of Rezoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, My name is Karee Dowty and I am writing to let you know of my strong opposition to the rezoning of the 40 acres on Dot Tipton Road from RA to RSF-4. If you will take the time to drive out to this area and see where the property is located you will see that the tiny country road cannot possibly handle the addition of over 100 homes and at least 200 more cars traveling on it daily. Also, development of this land will create a drainage problem for the 4-5 landowners who's property backs up to this land. Drainage issues that will most likely result in lawsuits from these landowners if development isn't handled properly. And as we've all seen numerous times, it rarely is. I am further concerns that I will be voicing to Farmington City Council and School Board as development on this Fayetteville land will have the biggest negative impact on Farmington resources, schools, and residents. Thank you for taking the time to read my email and I hope you will listen to the residents who already live in this area. We all moved here because we wanted to live in a rural area, we do not want it developed and it should not be done. Karee RZN-2020-000009 Close Up View JL IMERICK-1-t9q RMF-6 Y Q l RSF-4 rV i• _ N; ■■■■■■ 0 Cb (D z a U) w J m O 0 RSF-2 Legend Planning Area mmmmg::� �- - - Fayetteville City Limits 0 145 290 Building Footprint JRJBCS, Inc. I W J Q N 0 v� p m I z W U _ N m J O IRISH BEND DR v DOT TIPTON,RD------- 1 Proposed r RSF-4 Subject Property ■ ■ Feet 580 870 1 inch = 400 feet 1,160 RSF-1 tY o rx W Ica WE A& NORTH Zoning Acres RSF-4 39.9 Total 39.9 RZN-2020-000009 J RJ BCS, Inc. Current Land Use A& NORTH r e� �� .w � g LIMER ICK AY � � W_ �v" a I ❑ ' _gym/ J� eir mT L.0 CC 0 BEND e�- r Single -Family Residential/Agricultural mOT�TIP..TON!RD ' D .. Single -Family N Residential Single -Family Z. Residential Single -Family _ Residential 0, A 4 Planning Area - - -; Fayetteville City Limits Salvage Yard Subject Property *: .:'I Undeveloped U Undeveloped/Agricultural Feet 0 145 290 580 870 1 inch = 400 feet 1,160 FEMA Flood Hazard Data too -Year Floodplain Floodway RZN-2020-000009 Future Land Use MESA-ST PAGOSA PL JRJBCS, Inc. J Q LIMERICK W z �. z WAY � a I O SILVERTHORNE RD- �- - - — — - - - — — - - -j w ---------- --'m O ■ ■ CANADAZR Q J w C7 TAVERNER RING J v Legend Planning Area �- - - Fayetteville City Limits Building Footprint PERSIMMON ST Z�w > mN 3LLLL Q U'a a I o 0 om �m 2 IRISH BEND DR "7T-TIPTON RD ■ Subject Property] F� �■■■ ■■■-W-0■ Neighborhood Natural SELLER&RD Rural Residential Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet \ 611-ak o rr CANE-HI�� Y o U w 00 _0 w O Y uj w O m w Q' 0 I 0 w ,PJNGS-DR X-P I SON,5' -BOGA,O,DR -SHALOTT-DR Q � O' w -• Q y Day F-. O, City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Kara Paxton Submitted By City of Fayetteville Staff Review Form 2020-0941 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/26/2020 CITY CLERK (051) Submitted Date Division / Department Action Recommendation: The City Clerk Treasurer's Office recommends approval of a Resolution to award a quote in the amount of $29,400 to MCCi, LLC through NCPA cooperative contract number 11-26 for phase 1 to digitize City records and award additional phases as needed through April 30, 2022 and any additional extensions allowed and renewed by NCPA. Budget Impact: 4270.900.9290-5309.02 Disaster & Replacement Account Number Fund 20019.1 20019 - COVID-19 Disaster Recovery Funds Project Number Project Title Budgeted Item? No Current Budget $ 2,850,000.00 Funds Obligated $ 475,046.28 Current Balance I 2,374,953.72 Does item have a cost? Yes Item Cost $29,400.00 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget 2,345,553.72 Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5T", 2020 TO: Mayor and City Council FROM: Kara Paxton, City Clerk Treasurer DATE: 10/26/2020 SUBJECT: Digitize City Records CITY COUNCIL MEMO RECOMMENDATION: The City Clerk Treasurer's Office recommends approval of a Resolution to award a quote in the amount of $29, 400 to MCCi, LLC through NCPA cooperative contract number 11-26 for phase 1 to digitize City records and award additional phases as needed through April 30, 2022 and any additional extensions allowed and renewed by NCPA. BACKGROUND: The City Clerk Treasurer's Office has been responsible for storing and archiving records for the City of Fayetteville. The City Clerk Treasurer's Office is a great source of information for both the general Public and City Staff. We are often the distribution center for information pertaining to current issues, events, and meetings. The City Clerk Treasurer's Office is the custodian of City records and maintains the City's archives. Records in this office date back to the late 1800s. DISCUSSION: The City Clerk Treasurer's Office has been responsible for creating and maintaining the Microfilm that was initially created around 1973 through 06/2004. The purpose of creating the microfilm was to provide more space for archival of records. Up until this point the archived documents had been kept by paper and in the 70's microfilm was viewed as a perfect solution to create more space within the city for storage purposes by turning paper documents into microfilm. We receive weekly requests to view these documents by Public and by City Staff. Not only do these documents show the history of Fayetteville but they also provide a great resource to City Staff. Due to spacing needs, social distancing needs, and the fact that City Hall is still closed to the Public our Records Management Manager has identified 337 rolls of film as a priority to be digitized. By digitizing these records through MCCI everyone who has access to Laserfiche within the City of Fayetteville will be able to access this information. This will also allow the City Clerk's Office to further expand telework for our Documents Management Manager who must currently work on site in order to physical pull each roll and search for each individual record that has been requested. This would create speed and efficiency in providing the digitized records to someone in a timely manner. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The Purchasing Department and the City Clerk Treasurer's Office is recommending that this project is completed by MCCI which is the City of Fayetteville's current Laserfiche Vendor. MCCi is apart of the NCPA and can provide a substantial discount on this project than other vendors. Due to the short time the City of Fayetteville has in order to request reimbursement from the Cares Grant this item is being walked on. Due to additional research MCCi had to complete they were not able to submit the final quote until 10/26/2020. BUDGET/STAFF IMPACT: The project will be funded from the City's Emergency Fund with the intent of requesting Cares Grant fund reimbursement to support the City's Covid-19 social distancing requirements. Attachments: MCCi 41h Year Renewal Letter MCCi Quote Addendum No. 1 to Master Services Agreement No. 61243 Project Scope MASTER SERVICES AGREEMENT NO.61243 This Master Services Agreement No. 61243 ("Agreement") is effective on the date of the last signature, ("Effective Date") and is made by and between MCCi, LLC, a Florida limited liability company, and its Affiliates with its principal office located at 3717 Apalachee Parkway, Suite 201, Tallahassee, FL 32311 ("MCC)") and Client (defined herein). MCCi and Client may each be referred to individually herein as "Party" or collectively as the "Parties". The terms "Client' in this Agreement shall also include Client's "Affiliates," defined as a legal entity that directly or indirectly controls, is controlled by, or is under common control with the party. It is agreed that Client's Affiliates shall enjoy the same rights, benefits and obligations set forth in this Agreement as are applicable to Client. The Parties hereto intending to be legally bound hereby, agree as follows: 1. Scope of Service MCCi and Client may develop and enter into one or more sales orders, attached herein or incorporated by reference, incorporating a description of the specific goods and/or services requested by Client (each, and as modified in writing bythe Parties, an "Order"). MCCi will provide to Client those goods and/or services described as its obligation in the Order (collectively, the "Services"). If applicable, each Order will also describe items specifically required to be delivered by MCCi to Client (the "Deliverables'), and the acceptance criteria for each of the Deliverables. Further, each Orderwill set forth, among other things, tasks to be performed by the Parties and roles and responsibilities of each Party. Each Order shall specifically identify this Agreement and indicate that it is subject to the terms hereof. To the extent there are any conflicts or inconsistencies between this Agreement and any Order or Client purchase order, except in regard to Sections 2 or 3 herein, the provisions of this Agreement shall govern and control. To the extent that there are any conflicts or inconsistencies between this Agreement and any Client - entered third parry government purchasing agreement ("Purchasing Vehicle", the provisions of the Purchasing Vehicle shall govern and control. No change order, notice, direction, authorization, notification or request (collectively, "Change Order") will be binding upon Client or MCCi, nor will such Change Order be the basis for any claim for additional compensation by MCCi, until Client and MCCi have agreed in writing to change the terms of an applicable Order, or to execute a new Order, as appropriate. 2. Fees Client shall pay to MCCi the fees and other compensation set forth in each Order. By executing the applicable Order, Client acknowledges their pre -approval for any Order Expenses quoted. Unless otherwise specified, Client will also reimburse MCCi for all reasonable out-of- pocket travel, living and other ancillary expenses paid or incurred by MCCi in connection with the Services ("Order Expenses"). If relevant, MCCi will follow Clients expense policy, to the best of its ability. If a dispute occurs regarding MCG's billing of Order Expenses in conformity with Client's expense policy and greater than five percent (5%) of a specific bill, such dispute will be subject to investigation and correction; otherwise Client agrees to reimburse MCCi for the full amount of expenses billed. The Client acknowledges that it may incur expenses due to circumstances such as non-refundable airline tickets, training/install charges, hotel reservations, rental cars, etc., in the event that i) Client cancels or reschedules the event, after MCCi has made these arrangements; or III If Client site/team is not prepared upon MCCi's arrival, which results in cancellation, delays, and/or the need to reperform Deliverables. Client acknowledges that the price of the license and/or subscription for the use of a third -party licensed product is subject to increases during the term of the license and/or subscription or at the time of renewal. In the event that MCCi is reselling a license and/or subscription to a third -party product to Client with at least 15 days prior to written notice (an email will be sufficient) of an increase in the price of the license and/or subscription. To the extent that Client does not agree to pay such increase in the license and/or subscription, Client must provide written notice to MCCi within 15 days of notice of such increase. Upon receipt of such notice, MCCi will cancel Client's license and/or subscription to the third -party licensed product. 3. Invoicing and Payment Unless otherwise stated in an Order, MCCi will invoice Client for all fees, charges and reimbursable expenses on a monthly basis and upon completion of each Order. Client agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30) days from the date of each invoice. Failure to pay invoices by the due date, unless MCCi has been informed by said due date that an invoice is being contested and the reason therefore, may result in the imposition of interest charges to the extent allowable by law as well as any associated legal and collection fees incurred. Client further agrees to pay amounts equal to any federal, state or local sales, use, excise, privilege or other taxes or assessments, however designated or levied, relating to any amounts payable by Client to MCCi under this Agreement or any other Agreement between the Parties, exclusive of taxes based on MCCi's net income or net worth, and understands and accepts that any pricing defined in an Order does not include such taxes. All recurring software maintenance support, subscriptions, and/or other service packages ("Recurring Services") will automatically renew and be billed unless Client has terminated the Agreement per Section 4 below or provided sixty (60) days written notice prior to the scheduled renewal date of the Recurring Services. Once payment has been received, no refunds for Recurring Services are available. 4. Term Termination and Cancellation This Agreement will commence on the Effective Date and will be effective for a one (1) year period and will renew automatically for Last updated: June 25, 2020 Page 1 of 8 MASTER SERVICES AGREEMENT NO.61243 one (1) year periods and continue in full force and effect, unless terminated by either Party as set forth below. Termination of this Agreement or any Order hereunder may occur upon any of the following: (a) Thirty (30) days after a Partys receipt of written notice from the other Party that this Agreement or the Services, in whole or in part under an Order, shall be terminated; or (b) Thirty (30) days after one Party notifies the other in writing that they are in breach or default of this Agreement, unless the negligent Parry cures such breach or default within such thirty (30) day period; or (c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either Party, any insolvency of a Parry, any appointment of a receiver for such Party, or any assignment for the benefit of such Partys creditors (a "Bankruptcy Event"), unless such Party cures such Bankruptcy Event within the fifteen (15) day period. In all events, Client shall be liable for full payment for Services and reimbursement of MCCi's expenses incurred through the effective date of termination. If Client cancels or puts on hold an Order between completed milestones, MCCi will invoice Client for a pro- rated share of the uncompleted milestone(s) for Services performed through the date of such termination or delay. S. Working Arrangements All Services shall be performed remotely, unless otherwise agreed to by the Parties. If Services are to be performed on Client's premises, Client shall provide the following to MCCi Personnel: (i) a suitable and adequate work environment, including space for work and equipment for performance of the Services; (ii) access to and use of Client's facilities and relevant information, including all necessary software, hardware and documentation; (iii) timely assistance in the acquisition of, or correction of any hardware or software problems that would affect the performance of Services; and (iv) any other items set forth in each Order. Client will ensure that all Client's personnel, vendors, and/or subcontractors who may be necessary or appropriate for the successful performance of the Services will, on reasonable notice: (i) be available to assist MCCi Personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as reasonably necessary for performance under an Order; and (Ili) be available to assist MCCi with any other activities or tasks required to complete the Services in accordance with the Order. 6. MCCi Personnel Neither MCCi nor its Personnel are or shall be deemed to be employees of Client but rather as independent contractors. MCCi shall be responsible for the compensation of its Personnel, in addition to any applicable employment taxes, workmen's compensation and any other taxes, insurance or provisions associated with the employment of such personnel. In addition, MCCi shall be responsible for all acts or omissions of its Personnel. MCCi will also not discriminate in the referral or hiring of MCCi Personnel on the bases of race, religion, sexual orientation, color, sex, age, national origin, disability that does not affect the ability for an individual to perform his or her job, or other protected categories as required by state, federal, and local laws. MCCi may utilize independent subcontractors in satisfying its obligations under this Agreement (collectively with MCCi employees "Personnel"). MCCi affirms to Client that these resources will adhere to and are subject to the same representations made by MCCi throughout this Agreement. Upon receipt of notice from Client that any MCCi Personnel is not suitable, MCCi shall remove such person from the performance of Services and will provide a qualified replacement as quickly as possible. Unless a particular MCCi Personnel member has been identified as a key resource to the relevant Order, MCCi at its sole discretion may reassign, if and as necessary, other appropriately qualified MCCi Personnel to the relevant Order as long as such assignment will not affect MCCi's fee for the Services defined or ability to satisfy its Deliverables. Neither Party shall be deemed to be a legal representative of the other nor has any authority, either express or implied, to bind or obligate the other in any way. 7. Non -Solicitation Each Party agrees not to directly or indirectly solicit, offer employment to, or accept any services outside of this Agreement from any employee or independent contractor of the other Party who provided services for the non -soliciting Party within the previous twelve (12) months, during the term of this Agreement, and for twelve (12) months thereafter. Notwithstanding the foregoing either Party may solicit for employment, offer employment to, employ, or engage as a consultant or advisor, any of the other Party's personnel who: (i) had no previous direct contact with the soliciting Partys personnel in connection with, and during the performance of, the Services hereunder, or (ii) have responded to a general, publicly -available advertisement for employment at such Party (including its affiliates), or (III) make unsolicited approaches or inquiries to such Party (including its affiliates) regarding employment opportunities. The current employing Party, in its sole discretion, may waive this provision in writing for an individual. In consideration for such waiver, other Party agrees to pay a placement fee equal to fifty percent (50%) of such person's new total annual compensation. This placement fee shall be due immediately upon such person's commencement of services. 8. Confidential Information The Parties acknowledge that in the course of MCCi providing Services for Client hereunder, each may receive Confidential Last updated: June 25, 2020 Page 2 of 8 MASTER SERVICES AGREEMENT NO.61243 Information (as defined below) of the other Party. Any and all Confidential Information in any form or media obtained by a Recipient shall be held in confidence and shall not be copied, reproduced, or disclosed to third parties for any purpose whatsoever except as necessary in connection with the Services provided under this Agreement. The Recipient further acknowledges that it shall not use such Confidential Information for any purposes other than in connection with the activities contemplated by this Agreement. All consultants assigned by MCCi to Client will sign appropriate forms of confidentiality agreements on or prior to their start date. "Confidential Information" means any and all confidential information of a Party disclosed to the other Party, including, but not limited to, research, development, proprietary software, technical information, techniques, know-how, trade secrets, processes, customers, employees, consultants, pricing information and financial and business information, plans and systems. Confidential Information shall not include information which: (i) was known to the Party receiving the information (the "Recipient") prior to the time of disclosure by the other Party (the "Disclosing Party'); (!i) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the Recipient; (ill) was lawfully received by Recipient from a third party without any obligation of confidentiality; or (iv) is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority. The obligations set forth in this Section shall survive termination of this Agreement for a period of three (3) years thereafter. 9. Intellectual Property Unless otherwise specified in any Order, title to all materials, products and/or Deliverables, including, but not limited to, reports, designs, programs, specifications, documentation, manuals, visual aids, and any other materials developed and/or prepared for Client by MCC! under any Order (whether or not such Order is completed) ("Works'), and all interest therein shall vest in Client and shall be deemed to be a work made for hire and made in the course of the Services rendered hereunder. MCCi shall retain a non-exclusive, royalty -free, world-wide, perpetual license to use, sell, modify, distribute and create derivative works based upon any of the foregoing Works in its information technology professional services business, provided that in so doing MCC! shall not use or disclose any Client Confidential Information or Deliverables unique to or owned by Client. To the extent that title to any such Works may not, by operation of law, vest in Client or such Works may not be considered works made for hire, all rights, title and interest therein are hereby irrevocably assigned to Client. All such Works shall belong exclusively to Client, except as set forth herein, with Client having the right to obtain and to hold in its own name, copyrights, registrations or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. MCCi agrees to give Client and any person designated by Client, reasonable assistance, at Client's expense, required to perfect the rights defined in this Section 8. Unless otherwise requested by Client, upon the completion of the Services to be performed under each Order or upon the earlier termination of such Order, MCCi shall immediatelyturn over to Client all Works and Deliverables developed pursuant to such Order, including, but not limited to, working papers, narrative descriptions, reports and data. Notwithstanding the foregoing, the following shall not constitute the property of Client: (i) MCCi software, including but not limited to any proprietary code (source and object), which is subject to third -party license agreements with MCQ (ill those portions of the Deliverables which include information in the public domain or which are generic ideas, concepts, know-how and techniques within the computer design, support and consulting business generally; and (ill) those portions of the Deliverables which contain the computer consulting knowledge, techniques, tools, routines and sub -routines, utilities, know-how, methodologies and information which MCCi had prior to or acquired during the performance of its Services for Client and which do not contain any Confidential Information (as hereinafter defined) of Client conveyed to MCCL To the extent that any portion of the Deliverables includes information or material that falls within the exceptions to property of Client described in Subsection (ill) above. MCCi shall be deemed to have granted Client a paid up, world- wide, non-exclusive license to use any such information or material imbedded in the Deliverables for its internal business needs and a non-exclusive license to make copies thereof for use only in its and its affiliates' facilities, subject to third party license agreements, if any. Should MCCi, in performing any Services hereunder, use any computer program, code or other materials developed by it independently of the Services provided hereunder ("Pre-existing Work"), MCCi shall retain any and all rights in such Pre-existing Work. MCCi hereby grants Client a paid up, world-wide, non-exclusive license to use and reproduce the Pre-existing Work for its internal business needs. Client understands and agrees that MCCi may perform similar services for third Parties using the same personnel that MCCi may use for rendering Services for Client hereunder, subject to MCCi's obligations respecting Client's Confidential Information pursuant to Section 8. 10. Data Privacy In the event that MCCl, in the course of providing Services to Client, receives, stores, maintains, processes or otherwise has access to "Personal Information" (as defined by the State Data Protection Laws and/or European Union Directives, and including, but not limited to, an individual's name and social security number, driver's license number or financial number) then MCCI shall safeguard this information in accordance with these laws. MCC! may disclose Personal Information for business purposes only on a need -to -know basis and only with (I) MCCi Personnel, fi) any third party service providers that has agreed to safeguard Personal Data in a like manner as MCCi safeguards such information, and (iii) with other entities authorized to have access to such information under applicable law or regulation. MCCi may disclose Personal Data when necessary to protect its rights and property, to enforce its terms of Last updated: June 25, 2020 Page 3 of 8 MASTER SERVICES AGREEMENT NO. 61243 use and legal agreements, as required or permitted by law, or at the request of law enforcement authorities and the courts, and pursuant to a subpoena. MCCi shall have no duty to notify Client of such compliance with law. MCCi takes reasonable and appropriate measures to maintain the confidentiality and security of Personal Data and to prevent its unauthorized use or disclosure. To the extent that MCCi experiences a Security Breach as defined under the State Data Protection Laws for information generated in connection with this Agreement or any Order hereto, MCCi shall notify Client in writing within five (5) business days of discovering such Security Breach. 11. Warranty (a) Services Warranty. MCCi warrants that all Services shall be performed by personnel with relevant skill sets and familiar with the subject matter for the Order in a professional, competent and workman -like manner. MCCi's delivery of a Deliverable to Client shall constitute a representation by MCCi that it has conducted a review of the Deliverable and believes it meets the written specifications set forth in the corresponding Order. Client shall then have the right to conduct any review of the Deliverable as Client shall deem necessary or desirable. If Client, in its reasonable discretion, determines that any submitted Deliverable does notmeet the agreed upon specifications, Client shall have five (5) business days after MCCi's submission to give written notice to MCC! specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly cure any such deficiencies. After completing any such cure, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. MCCi does not warrant that the Services or Deliverables will be uninterrupted or error -free, provided that MCCi shall remain obligated pursuant to this Section 11. If the Services fail to conform to the foregoing warranty in any material respect, Clients initial remedy will be for MCC!, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. Upon failure of the foregoing, Client's remedies, and MCCi's entire liability, as a result of such failure, shall be subject to the limitations set forth in Section 12 below. The foregoing warranty is expressly conditioned upon (i) Client providing MCCi with prompt written notice of any claim thereunder prior to the expiration thereof, which notice must identify with particularity the non -conformity; (ii) Clients full cooperation with MCC! in all reasonable respects relating thereto, including, in the case of modified software, assisting MCC! to locate and reproduce the non -conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than MCCL The Parties acknowledge and agree that this Agreement relates solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of any State havingjurisdiction. MCC! also does not warrant any third -party products procured on behalf of Client, and if there are any product warranties provided by the manufacturer of the product, any remedy should be requested directly from manufacturer. • go ••LWWWWRIVILIRMLO• •: In the event that Client asserts any claim for warranty services hereunder and such claim relates to any matter that is mutually determined by the Parties not to be MCCi's responsibility hereunder (including any problem with Client's computer hardware or software that was not caused by any Services performed by MCCi), Client shall pay MCCi for all costs incurred for all evaluation, correction or other services performed by MCCi relating to such claim on a time and materials basis at MCCVs then standard billing rates. (b) General Warranty. MCCi shall perform the Services in compliance with all applicable international, federal and state laws and regulations and industry codes, including but not limited to (!) federal and state anti -kickback laws and regulations and laws governing payments to and relationships with healthcare professionals, including 42 U.S.C. §1320a-7b(b); (ii) federal Food and Drug Administration laws, regulations and guidance, including the federal Food, Drug and Cosmetic Act and the Prescription Drug Marketing Act, (III) federal and state securities laws, meaning that MCCi agrees that Client may be a publicly traded company and MCCi shall instruct MCCi Personnel that federal and state securities laws prohibit the purchase, sale, or pledge of Client stock while in possession of any material, non-public information, (iv) the Foreign Corrupt Practices Act of 1977, and the UK Bribery Act, the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and (v) international, federal and state privacy and data protection laws, including, but not limited to, the relevant European Union directives, Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act, Chapter 93H of The Massachusetts General Laws and its implementing regulations, 201 CMR 17.00, and Cal. Civ. Code § 1798.80-.84 (collectively, "State Data Protection Laws"). 12. Indemnification and Limitation of Liability (a) Mutual Indemnification. Each Party ("Indemnifying Party') shall indemnify, defend and hold the other harmless against any loss, damage or costs (including reasonable attorneys' fees) in connection with third party claims, demands, suits, or proceedings ("Claims"): Last updated: June 25, 2020 Page 4 of 9 MASTER SERVICES AGREEMENT NO.61243 • For bodily injury or personal property damage arising out of the indemnifying Partys performance within the scope of its responsibilities under this Agreement. • A breach of such the Indemnifying Partys obligations with respect to confidentiality • A breach by the Indemnifying Party of applicable laws. • Caused by negligent acts, omissions or willful misconduct of the Indemnifying Party. (b) MCC! Indemnification. MCCi shall defend, indemnify and hold Client harmless against Claims made or brought against Client by a third parry alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third partys intellectual property rights. Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement: (x) is based on information or requirements furnished by Client, (y) is the result of a modification made by a party other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided by MCCL If Client is enjoined from using the Deliverable or MCCi reasonably believes that Client will be enjoined, MCCi shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the Deliverable so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Partys option and MCCis sole liability shall be subject to the limitation of liability provided in this Section. (c) Client Indemnification. If the Services require MCCi to access or use any third party products provided or used by Client, Client warrants that it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCC! from and against any Claims to the extent arising from MCCi's access to or use of such third parry products. (d) Indemnification Procedure. Each indemnified Party shall give the indemnifying Party (a) prompt written notice of the Claim; (b) sole control of the defense and settlement of the Claim (provided that the indemnifying Party may not settle any Claim unless it unconditionally releases the indemnified Party of all liability); and (c) at indemnifying Party's cost, all reasonable assistance. (a) Limitation of Liability. In no event shall either Parry be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to such Party in advance or could have been reasonably foreseen by such Party, and whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise. Except for a Partys indemnification obligations, each Party's maximum aggregate liability for all claims, losses or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or Client's use of any such Services or Deliverables, and whether based upon contract, warranty, strict liability, tort (including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to MCO by Client under the applicable Order, giving rise to such claim during the last six (6) months. Each Parry's entire liability and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 12. The limitations on warranty and liability specified in Sections 11 and 12 hereof will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. 13. Insurance During the term of this Agreement, MCCi shall carry, at its sole expense, insurance coverage to include at a minimum the following: • Workers Compensation: State statutory limits and $1,000,000 employers' liability • Comprehensive General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate • Professional Liability: $1,000,000 per occurrence and $3,000,000 in the aggregate • Errors and Omissions: $1,000,000 per occurrence • Cyber and Technical Errors and Omissions: $3,01 in the aggregate 14. Notices All notices, demands and other communications required or permitted hereunder or in connection herewith shall be in writing and shall be deemed to have been duly given if delivered (including by receipt verified electronic transmission) or mailed in the Continental United States by first class mail, postage prepaid, to a Party at the following address, or to such other address as such Parry may hereafter specify by notice: If to MCci MCCi, LLC If to Client: Fayetteville, AR 3717 Apalachee Parkway, Suite 201 113 West Mountain Street Tallahassee, FL 32311 Fayetteville, AR 72701 Attn: Legal Department Attn: Kara Paxton Email is. Miscellaneous (a) 3rd Party EULA Provisions. Client acknowledges that they are responsible for adhering to any 3'd party End User License Agreements ("EULA"), whether supplied by MCCi as a convenience or not, for any products procured on behalf of Client by MCCi. Last updated: June 25, 2020 Page 5 of 8 MASTER SERVICES AGREEMENT NO.61243 (b) Use of Open Source Code. Except as disclosed in the Order, MCC! does not distribute nor otherwise use any open source or similar software in a manner that would obligate MCCi to disclose, license, make available or distribute any of its material proprietary source code as a condition of such use. For purposes of this Agreement, "Open Source" shall mean any software or other Intellectual Property that is distributed or made available as "open source software" or "free software" or is otherwise publicly distributed or made generally available in source code or equivalent form under terms that permit modification and redistribution of such software or Intellectual Property. Open Source Materials includes software that is licensed under the GNU General Public License, GNU Lesser General Public License, Mozilla License, Common Public License, Apache License or BSD License, as well as all other similar "public" licenses. (c) Client Software Customizations. Client may choose to customize their software internally without MCCi's help. MCCi is not responsible for any damages caused by Client's customization of the software. MCCi will not be held responsible for correcting any problems that may occur from these customizations. (d) MCC! Software Configuration Services. Client may elect to contract with MCCi to configure Client's software. In these situations, Client acknowledges they are responsible for testing all software configurations and as such, waives any and all liability to MCCi for any damages that could be related to these software configurations. (e) Force Majeure. If either of the Parties hereto are delayed or prevented from fulfilling any of its obligations under this Agreement by force majeure, said Parties shall not be liable under this Agreement for said delay or failure. "Force Majeure" means any cause beyond the reasonable control of a Party including, but not limited to, an act of God, an act or omission of civil or military authorities of a state or nation, epidemic, pandemic, fire, strike, Flood, riot, war, delay of transportation, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. (f) Audit Rights. With reasonable notice and at a convenient location, Client will have the right to audit MCCPs records to verify MCCi's records to confirm MCCi's billing to Client is correct. In addition, should any of Client's regulators legally require access to audit the Services, MCCi will, to the extent legally required by such regulators, provide access for the same. All results of such audits shall be MCCi Confidential Information. Client shall bear all costs associated with audits. (g) Assignment. Neither Party may assign or otherwise transfer any of its rights, duties or obligations under this Agreement without the prior written consent of the other Party. Either Party, however, without any requirement for prior consent by the other, may assign this Agreement and its rights hereunder to any Party or entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, assets or business of such Party, if the succeeding party or entity agrees in writing to assume and be bound by all of the obligations of such Party under this Agreement. This Agreement shall be binding upon and accrue to the benefit of the Parties hereto and their respective successors and permitted assignees. (h) Modification. This Agreement may be modified only by a written amendment executed by duly authorized officers or representatives of both Parties. (I) Provisions Severable. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be severed from this Agreement and the remaining provisions will continue in full force. a) Dispute Resolution. Should a dispute arise between MCC! and Client involving their respective responsibilities, limitations or the working relations between the Parties under this Agreement or any Order, then the Parties will make every effort to amicably resolve the dispute. Prior to entering arbitration as set forth below, the Parties agree that any dispute will initially be referred to their senior management for resolution within ten It 0) business days of receipt of notice specifying and asking for the intervention of the Parties'superiors. If the dispute is still unresolved after such ten (10) business day period, the Parties agree, at the written request of either Party, to submit the dispute to a single arbitrator for resolution by binding arbitration under the rules of the American Arbitration Association, and that any award of the arbitrator shall be enforceable under any court having jurisdiction thereof. In any such action, the Parties will bear their own costs and will share equally in the costs and fees assessed by the American Arbitration Association for its services. (k) Interpretation. The descriptive headings of this Agreement and of any Order under this Agreement are for convenience only and shall not affect the construction or interpretation of this Agreement. As used herein, "include" and its derivatives (including, "e.g.") shall be deemed to mean "including but not limited to." Each Party acknowledges that this Agreement has been the subject of active and complete negotiations, and that this Agreement should not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of this Agreement. (1) Publicity. MCCi may use the name of Client, the existence of this Agreement and the nature of the associated services provided herein for Last updated: June 25, 2020 Page 6 of 8 MASTER SERVICES AGREEMENT NO.61243 marketing purposes, except that such use shall not include any Client Confidential Information as defined in Section 7 of this Agreement. (m) Entire Agreement. This Agreement and all Order(s) attached hereto constitute the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, oral or written, and all other prior or contemporaneous communications between the Parties relating to the subject matter herein. (n) Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which taken together will constitute one single agreement between the Parties with the same effect as if all the signatures were upon the same instrument. (Remainder of Page Intentionally Left Blank Signature Page Follows) Last updated: June 25. 2020 Page 7 of 8 MASTER SERVICES AGREEMENT NO.61243 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. MCC!, LLC Name: Date: FAYETTEVILLE. AR ("Client") Name: Title: Date: 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 Last updated: June 25.2020 Page 8 of 8 ADDENDUM NO. 1 TO MASTER SERVICES AGREEMENT NO. 61243 SCANNING ORDER Pursuant to Master Services Agreement No. 61243 ("Agreement'): This Scanning Order, designated as Addendum No. 1 is entered into as of 2020 ("Addendum Effective Date'), by and between MCG and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 1 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC Signed: Name: Title: Date: FAYETTEVILLE ('Client') Signed: Name: Title: Date: Addendum No. 1 to Master Services Agreement No. 61243 Page 1 of 6 PRICING Project I — Conversion of Documents estimated cost Excess Images @ $0.02 NCPA 11-26 Discount End of Year Volume Microfiche Discount TOTAL ESTIMATED PROJECT COST ALL QUOTES EXPIRE IN 30 DAYS $49,495.19 ($2,605.01) ($17,490.18) $29,400.00 NCPA Pricing: The pricing and terms in this contract are derivative of the "Not -To -Exceed" digitization rates that were competitively sourced through the National Cooperative Purchasing Alliance (NCPA). The rates and terms listed are based upon the complexity and volume of the project(s) outlined in this contract. The rates listed may be applied to additional projects that haven't been specifically outlined in this contract, but MCO reserves the right to verify the complexity of those projects and if needed modify the rates accordingly. PAYMENT & BILLING TERMS MCO will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. Addendum No. 1 to Master Services Agreement No. 61243 Page 2 of 6 PROJECT SCOPE Client will furnish MCCi with all hard copy/electronic documents for its use in preparing the document imaging project and that need to be converted. GENERAL DESCRIPTION - 215' ROLLS 16MM Film Various Departments Minutes, Permits, Contracts, HR Files, Etc. 337 2,022,000 6,000 DOCUMENT PREPARATION STORAGECURRENT Boxes, Offsite Warehouse CONDITIONSDocuMENTS Good IMAGE PROCESSING & INDEXING IMAGE OUTPUT MATERIAL HANDLING 300 DPI, Black & White Up to 250 Indexes per Roll File Name Depends on the type of file. Optional Item Quoted Below Secure FTP Transfer Laserfiche Briefcase MCCi Pickup Up to 1 shipment (if job is broken up, volume pricing must be also) SPECIAL NOTES Any corrections such as rescans or indexing changes must be brought to MCCi's attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. Addendum No. 1 to Master Services Agreement No. 61243 Page 3 of 6 SCANNING ASSUMPTIONS ERROR RATE MCCi's acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCO cannot be accountable for records not reflected in original inventory report provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE MCO's facilities contain secure rooms for hardcopy "work in progress" document storage. MCCi will arrange for the return of hardcopy documents to Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client, storage charges of $2.50 per cubic foot per month will apply. DATASTORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MCCi's Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi's discretion. MCCi recognizes that for records retention and security compliance, Client may require MCCi to delete copies of its data prior to MCCi's process of deleting data; if so, Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES MCCi can provide any department in the organization with scanning services for documents other than those described in this pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginningtheir own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCO is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non - legible images, or other errors that are not controllable by MCCL Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA If included in the Scope of Services, MCCi will integrate the documents with the Laserfiche Software to provide Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING MCCi will post the documents to the web for a minimal annual fee. MCCi provides Client with a direct link which can then be linked to Client's website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. This recurring web posting service will automatically renew and be billed unless Client has terminated the Agreement or provided sixty (60) days written notice priorto the scheduled renewal date of the recurring Services. No refunds are available in the event of cancelling prior to the expiration of a renewal term. Addendum No. 1 to Master Services Agreement No. 61243 Page 4 of 6 PROJECTTIMELINE MCC! will complete and deliver the project within the predetermined project timeline as agreed upon with Client. Should MCCi require additional time, Client will be notified immediately. DOCUMENT TRANSPORTATION Client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCi facilities. If Client chooses to utilize MCCi's pickup and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to Client not having all the documents ready for pick up, additional charges will be applied. If Client chooses to ship via a certified carrier, Client incurs all shipping costs. PRICING Charges apply on a per project basis and are dependent upon size and volume of documents. MCC! requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. Ili►_ IId1ylJ1Nd413DZVI401i611W1Nei1*Y:1&1ti*y The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCC! will call for authorization to proceed with the project. LASERFICHE SYSTEM CLIENTS Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Preferred/Best Value provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCC! with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to existing projects. MCCi CERTIFIED PARTNERS MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCi. . Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. SERVICES PROVIDED The services provided in this order will be in full force and effect for a period of 90 days from the date of shipment of the completed product to the organization. INDEMNIFICATION AND LIMITATION OF LIABILITY (a) Mutual Indemnification. Each Party shall indemnify, defend and hold the other harmless against any loss, damage or costs (including reasonable attorneys' fees) in connection with third Party claims, demands, suits, or proceedings ("Claims"): • For bodily injury or personal property damage arising out of the indemnifying Partys performance within the scope of its responsibilities under this Agreement. • A breach of such Party's obligations with respect to confidentiality • A breach by such Party of laws. ' • Caused by negligent acts, omissions or willful misconduct Addendum No. 1 to Master Services Agreement No. 61243 Page 5 of 6 (b) MCC! Indemnification. MCCi shall defend, indemnify and hold Client harmless against Claims made or brought against Client bya third Party alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third Partys intellectual property rights. Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement: (x) is based on information or requirements furnished by Client, (y) is the result of a modification made by a Party other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided by MCCL If Client is enjoined from using the Deliverable or MCCi reasonably believes it will be enjoined, MCCi shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the Deliverable so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Partys option and MCC!'s sole liability shall subject to the limitation of liability provided in this Section. (c) Client Indemnification. if the Services require MCCi to access or use any third Party products provided or used by Client, Client warrants that it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third Party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees) to the extent arising from MCCi's access to or use of such third Party products. (d) indemnification Procedure. Each indemnified Party shall give the indemnifying Parry (a) prompt written notice of the Claim; (b) sole control of the defense and settlement of the Claim (provided that the indemnifying Parry may not settle any Claim unless it unconditionally releases the indemnified Parry of all liability); and (c) at indemnifying Parry's cost, all reasonable assistance. (e) Limitation of Liability. In no event shall either Party be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to such Party in advance or could have been reasonably foreseen by such Party, and whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise. Except for a Partys indemnification obligations, each Party's maximum aggregate liability for all claims, losses or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or Client's use of any such Services or Deliverables, and whether based upon contract, warranty, strict liability, tort (including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to MCCi by Client under the applicable Order, giving rise to such claim during the last six (6) months. Each Party's entire liability and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 11. The limitations on warranty and liability specified in Sections 10 and 11 hereof will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. USE OF BASECAMP Through the course of this project, MCC! may choose to utilize the third -parry service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Basecamp. Addendum No. 1 to Master Services Agreement No. 61243 Page 6 of 6 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Thursday, November 5, 2020 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Meeting Final Agenda November 5, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2019-0966 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent A.1 2019-0989 APPROVAL OF THE OCTOBER 20, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0833 ROSS EXECUTIVE AVIATION, INC.: A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH ROSS EXECUTIVE AVIATION, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE D FOR RENT IN THE AMOUNT OF $275.00 PER MONTH A.3 2020-0895 2021 T-HANGAR LEASE AGREEMENTS: A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2021 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE AIRPORT City of Fayetteville, Arkansas Page 2 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 A.4 M A.6 2020-0897 BID #20-76 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID #20-76 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $212,751.03 FOR CONSTRUCTION RELATED TO THE INSTALLATION OF LARGE SLIDE GATES FOR THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,550.21 2020-0899 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $349,814.99 2020-0919 B&H FOTO & ELECTRONICS CORP.: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM B&H FOTO & ELECTRONICS CORP. IN THE AMOUNT OF $66,153.65 PLUS APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, FOR USE IN THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 City of Fayetteville, Arkansas Page 3 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 A.7 2020-0920 KEY CODE MEDIA: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM KEY CODE MEDIA IN THE AMOUNT OF $41,249.21 PLUS APPLICABLE TAXES AND SHIPPING COSTS, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, TO FACILITATE SOCIALLY DISTANCED PUBLIC MEETINGS AT THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 A.8 2020-0903 ELITE BUILDING SOLUTIONS: A RESOLUTION TO ACCEPT A QUOTE FROM ELITE BUILDING SOLUTIONS IN THE AMOUNT OF $76,433.60 FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION AIR PURIFICATION UNITS IN CITY BUILDINGS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $23,500 A.9 2020-0915 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 A.10 2020-0853 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO.2 - 2019 DRAINAGE BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $273,600.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION - 2019 DRAINAGE BOND PROJECT B. Unfinished Business B.1 B.2 2020-0821 RZN-2020-005 (660 W. WHILLOCK STJMISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE At the October 20, 2020 City Council meeting this item was left on the First Reading. 2020-0827 CUP 2020-003 CLUSTER HOUSING APPEAL: A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, TERESA TURK, AND MARK KINION AND DENY THE CONDITIONAL USE PERMIT CUP 2020-003 FOR A CLUSTER HOUSING DEVELOPMENT AND LIMITED BUSINESS WITH ASSOCIATED PARKING AT 1629 NORTH CROSSOVER ROAD At the October 20, 2020 City Council meeting this item was tabled for two weeks. C. New Business City of Fayetteville, Arkansas Page 5 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 CA 2020-0865 TLG PETERBILT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT TRASH TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $998,764.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT C.2 2020-0894 AT&T - VESTA 9-1-1 PORTABLE COMMAND POSTS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A VESTA 9-1-1 PORTABLE COMMAND POST AND ADDITIONAL REQUIRED EQUIPMENT FROM AT&T IN THE AMOUNT OF 35,000.00 PLUS APPLICABLE TAXES FOR THE CENTRAL DISPATCH CENTER, AND TO AUTHORIZE FUTURE PURCHASES AS LONG AS AT&T IS THE CONTRACTED PROVIDER FOR 9-1-1 SERVICES THROUGH THE WASHINGTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT C.3 2020-0850 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW City of Fayetteville, Arkansas Page 6 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 CA 2020-0896 RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN C.5 2020-0898 RZN 2020-013 (420 E. REBECCA ST./BUSH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-013 LOCATED AT 4200 EAST REBECCA STREET FOR APPROXIMATELY 0.29 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE C.6 2020-0906 R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS City of Fayetteville, Arkansas Page 7 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 C.7 2020-0941 MCCI, LLC: A RESOLUTION TO ACCEPT A QUOTE FROM MCCI, LLC IN THE AMOUNT OF $29,400.00, PURSUANT TO A NATIONAL COOPERATIVE PURCHASING ALLIANCE CONTRACT, TO DIGITIZE CITY RECORDS AND AUTHORIZE THE PURCHASE OF ADDITIONAL SERVICES AS NEEDED THROUGH APRIL 30, 2022, AND ANY FUTURE RENEWAL PERIODS C.8 2020-0892 APPEAL RZN-2020-009 (6061 W. DOT TIPTON RD./JRJBCS, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-009 LOCATED AT 6061 WEST DOT TIPTON ROAD FOR APPROXIMATELY 39.88 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE D. City Council Agenda Session Presentations DA 2020-0931 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN D.2 2020-0922 AGENDA SESSION PRESENTATION - PUBLIC SAFETY CAMPUS SITE DESIGN PRESENTATION E. City Council Tour F. Announcements G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 9 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 10 Printed on 1012912020 City Council Meeting Final Agenda November 5, 2020 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 11 Printed on 1012912020 ICA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney �- DATE: October 20, 2020 RE: Appeal of Conditional Use Permit on Highway 265 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The burden of persuasion normally rests upon an applicant seeking development approval. However, if the applicant has received the Planning Commissions approval for land development including approval of a Conditional Use Permit which is then appealed to the City Council, those who have appealed the Planning Commissions approval must have majority support of the City Council to win their appeal and deny the Conditional Use Permit. Therefore, we need to amend the currently proposed Resolution to one granting the appeal rather than approving the Conditional Use Permit. Attached is the proper Resolution which places the burden of persuasion upon those appealing from the Planning Commissions decision to grant the Conditional Use Permit. The City Council (after amending to the revised Resolution) has three options: (1) Vote against and defeat the Resolution (This would affirm the Planning Commissions decision to grant the Conditional Use Permit). (2) Vote for and pass the Resolution which would grant the appeal and either: (A) Invalidate the Conditional Use Permit; or (B) Pass an amended Conditional Use Permit with additional or changed conditions. Kara Paxton Submitted By City of Fayetteville Staff Review Form 2020-0941 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/26/2020 CITY CLERK (051) Submitted Date Division / Department Action Recommendation: The City Clerk Treasurer's Office recommends approval of a Resolution to award a quote in the amount of $29,400 to MCCi, LLC through NCPA cooperative contract number 11-26 for phase 1 to digitize City records and award additional phases as needed through April 30, 2022 and any additional extensions allowed and renewed by NCPA. Budget Impact: 4270.900.9290-5309.02 Disaster & Replacement Account Number Fund 20019.1 20019 - COVID-19 Disaster Recovery Funds Project Number Project Title Budgeted Item? No Current Budget $ 2,850,000.00 Funds Obligated $ 475,046.28 Current Balance I 2,374,953.72 Does item have a cost? Yes Item Cost $29,400.00 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget 2,345,553.72 Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5T", 2020 TO: Mayor and City Council FROM: Kara Paxton, City Clerk Treasurer DATE: 10/26/2020 SUBJECT: Digitize City Records CITY COUNCIL MEMO RECOMMENDATION: The City Clerk Treasurer's Office recommends approval of a Resolution to award a quote in the amount of $29, 400 to MCCi, LLC through NCPA cooperative contract number 11-26 for phase 1 to digitize City records and award additional phases as needed through April 30, 2022 and any additional extensions allowed and renewed by NCPA. BACKGROUND: The City Clerk Treasurer's Office has been responsible for storing and archiving records for the City of Fayetteville. The City Clerk Treasurer's Office is a great source of information for both the general Public and City Staff. We are often the distribution center for information pertaining to current issues, events, and meetings. The City Clerk Treasurer's Office is the custodian of City records and maintains the City's archives. Records in this office date back to the late 1800s. DISCUSSION: The City Clerk Treasurer's Office has been responsible for creating and maintaining the Microfilm that was initially created around 1973 through 06/2004. The purpose of creating the microfilm was to provide more space for archival of records. Up until this point the archived documents had been kept by paper and in the 70's microfilm was viewed as a perfect solution to create more space within the city for storage purposes by turning paper documents into microfilm. We receive weekly requests to view these documents by Public and by City Staff. Not only do these documents show the history of Fayetteville but they also provide a great resource to City Staff. Due to spacing needs, social distancing needs, and the fact that City Hall is still closed to the Public our Records Management Manager has identified 337 rolls of film as a priority to be digitized. By digitizing these records through MCCI everyone who has access to Laserfiche within the City of Fayetteville will be able to access this information. This will also allow the City Clerk's Office to further expand telework for our Documents Management Manager who must currently work on site in order to physical pull each roll and search for each individual record that has been requested. This would create speed and efficiency in providing the digitized records to someone in a timely manner. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The Purchasing Department and the City Clerk Treasurer's Office is recommending that this project is completed by MCCI which is the City of Fayetteville's current Laserfiche Vendor. MCCi is apart of the NCPA and can provide a substantial discount on this project than other vendors. Due to the short time the City of Fayetteville has in order to request reimbursement from the Cares Grant this item is being walked on. Due to additional research MCCi had to complete they were not able to submit the final quote until 10/26/2020. BUDGET/STAFF IMPACT: The project will be funded from the City's Emergency Fund with the intent of requesting Cares Grant fund reimbursement to support the City's Covid-19 social distancing requirements. Attachments: MCCi 41h Year Renewal Letter MCCi Quote Addendum No. 1 to Master Services Agreement No. 61243 Project Scope MASTER SERVICES AGREEMENT NO.61243 This Master Services Agreement No. 61243 ("Agreement") is effective on the date of the last signature, ("Effective Date") and is made by and between MCCi, LLC, a Florida limited liability company, and its Affiliates with its principal office located at 3717 Apalachee Parkway, Suite 201, Tallahassee, FL 32311 ("MCC)") and Client (defined herein). MCCi and Client may each be referred to individually herein as "Party" or collectively as the "Parties". The terms "Client' in this Agreement shall also include Client's "Affiliates," defined as a legal entity that directly or indirectly controls, is controlled by, or is under common control with the party. It is agreed that Client's Affiliates shall enjoy the same rights, benefits and obligations set forth in this Agreement as are applicable to Client. The Parties hereto intending to be legally bound hereby, agree as follows: 1. Scope of Service MCCi and Client may develop and enter into one or more sales orders, attached herein or incorporated by reference, incorporating a description of the specific goods and/or services requested by Client (each, and as modified in writing bythe Parties, an "Order"). MCCi will provide to Client those goods and/or services described as its obligation in the Order (collectively, the "Services"). If applicable, each Order will also describe items specifically required to be delivered by MCCi to Client (the "Deliverables'), and the acceptance criteria for each of the Deliverables. Further, each Orderwill set forth, among other things, tasks to be performed by the Parties and roles and responsibilities of each Party. Each Order shall specifically identify this Agreement and indicate that it is subject to the terms hereof. To the extent there are any conflicts or inconsistencies between this Agreement and any Order or Client purchase order, except in regard to Sections 2 or 3 herein, the provisions of this Agreement shall govern and control. To the extent that there are any conflicts or inconsistencies between this Agreement and any Client - entered third parry government purchasing agreement ("Purchasing Vehicle", the provisions of the Purchasing Vehicle shall govern and control. No change order, notice, direction, authorization, notification or request (collectively, "Change Order") will be binding upon Client or MCCi, nor will such Change Order be the basis for any claim for additional compensation by MCCi, until Client and MCCi have agreed in writing to change the terms of an applicable Order, or to execute a new Order, as appropriate. 2. Fees Client shall pay to MCCi the fees and other compensation set forth in each Order. By executing the applicable Order, Client acknowledges their pre -approval for any Order Expenses quoted. Unless otherwise specified, Client will also reimburse MCCi for all reasonable out-of- pocket travel, living and other ancillary expenses paid or incurred by MCCi in connection with the Services ("Order Expenses"). If relevant, MCCi will follow Clients expense policy, to the best of its ability. If a dispute occurs regarding MCG's billing of Order Expenses in conformity with Client's expense policy and greater than five percent (5%) of a specific bill, such dispute will be subject to investigation and correction; otherwise Client agrees to reimburse MCCi for the full amount of expenses billed. The Client acknowledges that it may incur expenses due to circumstances such as non-refundable airline tickets, training/install charges, hotel reservations, rental cars, etc., in the event that i) Client cancels or reschedules the event, after MCCi has made these arrangements; or III If Client site/team is not prepared upon MCCi's arrival, which results in cancellation, delays, and/or the need to reperform Deliverables. Client acknowledges that the price of the license and/or subscription for the use of a third -party licensed product is subject to increases during the term of the license and/or subscription or at the time of renewal. In the event that MCCi is reselling a license and/or subscription to a third -party product to Client with at least 15 days prior to written notice (an email will be sufficient) of an increase in the price of the license and/or subscription. To the extent that Client does not agree to pay such increase in the license and/or subscription, Client must provide written notice to MCCi within 15 days of notice of such increase. Upon receipt of such notice, MCCi will cancel Client's license and/or subscription to the third -party licensed product. 3. Invoicing and Payment Unless otherwise stated in an Order, MCCi will invoice Client for all fees, charges and reimbursable expenses on a monthly basis and upon completion of each Order. Client agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30) days from the date of each invoice. Failure to pay invoices by the due date, unless MCCi has been informed by said due date that an invoice is being contested and the reason therefore, may result in the imposition of interest charges to the extent allowable by law as well as any associated legal and collection fees incurred. Client further agrees to pay amounts equal to any federal, state or local sales, use, excise, privilege or other taxes or assessments, however designated or levied, relating to any amounts payable by Client to MCCi under this Agreement or any other Agreement between the Parties, exclusive of taxes based on MCCi's net income or net worth, and understands and accepts that any pricing defined in an Order does not include such taxes. All recurring software maintenance support, subscriptions, and/or other service packages ("Recurring Services") will automatically renew and be billed unless Client has terminated the Agreement per Section 4 below or provided sixty (60) days written notice prior to the scheduled renewal date of the Recurring Services. Once payment has been received, no refunds for Recurring Services are available. 4. Term Termination and Cancellation This Agreement will commence on the Effective Date and will be effective for a one (1) year period and will renew automatically for Last updated: June 25, 2020 Page 1 of 8 MASTER SERVICES AGREEMENT NO.61243 one (1) year periods and continue in full force and effect, unless terminated by either Party as set forth below. Termination of this Agreement or any Order hereunder may occur upon any of the following: (a) Thirty (30) days after a Partys receipt of written notice from the other Party that this Agreement or the Services, in whole or in part under an Order, shall be terminated; or (b) Thirty (30) days after one Party notifies the other in writing that they are in breach or default of this Agreement, unless the negligent Parry cures such breach or default within such thirty (30) day period; or (c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either Party, any insolvency of a Parry, any appointment of a receiver for such Party, or any assignment for the benefit of such Partys creditors (a "Bankruptcy Event"), unless such Party cures such Bankruptcy Event within the fifteen (15) day period. In all events, Client shall be liable for full payment for Services and reimbursement of MCCi's expenses incurred through the effective date of termination. If Client cancels or puts on hold an Order between completed milestones, MCCi will invoice Client for a pro- rated share of the uncompleted milestone(s) for Services performed through the date of such termination or delay. S. Working Arrangements All Services shall be performed remotely, unless otherwise agreed to by the Parties. If Services are to be performed on Client's premises, Client shall provide the following to MCCi Personnel: (i) a suitable and adequate work environment, including space for work and equipment for performance of the Services; (ii) access to and use of Client's facilities and relevant information, including all necessary software, hardware and documentation; (iii) timely assistance in the acquisition of, or correction of any hardware or software problems that would affect the performance of Services; and (iv) any other items set forth in each Order. Client will ensure that all Client's personnel, vendors, and/or subcontractors who may be necessary or appropriate for the successful performance of the Services will, on reasonable notice: (i) be available to assist MCCi Personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as reasonably necessary for performance under an Order; and (Ili) be available to assist MCCi with any other activities or tasks required to complete the Services in accordance with the Order. 6. MCCi Personnel Neither MCCi nor its Personnel are or shall be deemed to be employees of Client but rather as independent contractors. MCCi shall be responsible for the compensation of its Personnel, in addition to any applicable employment taxes, workmen's compensation and any other taxes, insurance or provisions associated with the employment of such personnel. In addition, MCCi shall be responsible for all acts or omissions of its Personnel. MCCi will also not discriminate in the referral or hiring of MCCi Personnel on the bases of race, religion, sexual orientation, color, sex, age, national origin, disability that does not affect the ability for an individual to perform his or her job, or other protected categories as required by state, federal, and local laws. MCCi may utilize independent subcontractors in satisfying its obligations under this Agreement (collectively with MCCi employees "Personnel"). MCCi affirms to Client that these resources will adhere to and are subject to the same representations made by MCCi throughout this Agreement. Upon receipt of notice from Client that any MCCi Personnel is not suitable, MCCi shall remove such person from the performance of Services and will provide a qualified replacement as quickly as possible. Unless a particular MCCi Personnel member has been identified as a key resource to the relevant Order, MCCi at its sole discretion may reassign, if and as necessary, other appropriately qualified MCCi Personnel to the relevant Order as long as such assignment will not affect MCCi's fee for the Services defined or ability to satisfy its Deliverables. Neither Party shall be deemed to be a legal representative of the other nor has any authority, either express or implied, to bind or obligate the other in any way. 7. Non -Solicitation Each Party agrees not to directly or indirectly solicit, offer employment to, or accept any services outside of this Agreement from any employee or independent contractor of the other Party who provided services for the non -soliciting Party within the previous twelve (12) months, during the term of this Agreement, and for twelve (12) months thereafter. Notwithstanding the foregoing either Party may solicit for employment, offer employment to, employ, or engage as a consultant or advisor, any of the other Party's personnel who: (i) had no previous direct contact with the soliciting Partys personnel in connection with, and during the performance of, the Services hereunder, or (ii) have responded to a general, publicly -available advertisement for employment at such Party (including its affiliates), or (III) make unsolicited approaches or inquiries to such Party (including its affiliates) regarding employment opportunities. The current employing Party, in its sole discretion, may waive this provision in writing for an individual. In consideration for such waiver, other Party agrees to pay a placement fee equal to fifty percent (50%) of such person's new total annual compensation. This placement fee shall be due immediately upon such person's commencement of services. 8. Confidential Information The Parties acknowledge that in the course of MCCi providing Services for Client hereunder, each may receive Confidential Last updated: June 25, 2020 Page 2 of 8 MASTER SERVICES AGREEMENT NO.61243 Information (as defined below) of the other Party. Any and all Confidential Information in any form or media obtained by a Recipient shall be held in confidence and shall not be copied, reproduced, or disclosed to third parties for any purpose whatsoever except as necessary in connection with the Services provided under this Agreement. The Recipient further acknowledges that it shall not use such Confidential Information for any purposes other than in connection with the activities contemplated by this Agreement. All consultants assigned by MCCi to Client will sign appropriate forms of confidentiality agreements on or prior to their start date. "Confidential Information" means any and all confidential information of a Party disclosed to the other Party, including, but not limited to, research, development, proprietary software, technical information, techniques, know-how, trade secrets, processes, customers, employees, consultants, pricing information and financial and business information, plans and systems. Confidential Information shall not include information which: (i) was known to the Party receiving the information (the "Recipient") prior to the time of disclosure by the other Party (the "Disclosing Party'); (!i) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the Recipient; (ill) was lawfully received by Recipient from a third party without any obligation of confidentiality; or (iv) is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority. The obligations set forth in this Section shall survive termination of this Agreement for a period of three (3) years thereafter. 9. Intellectual Property Unless otherwise specified in any Order, title to all materials, products and/or Deliverables, including, but not limited to, reports, designs, programs, specifications, documentation, manuals, visual aids, and any other materials developed and/or prepared for Client by MCC! under any Order (whether or not such Order is completed) ("Works'), and all interest therein shall vest in Client and shall be deemed to be a work made for hire and made in the course of the Services rendered hereunder. MCCi shall retain a non-exclusive, royalty -free, world-wide, perpetual license to use, sell, modify, distribute and create derivative works based upon any of the foregoing Works in its information technology professional services business, provided that in so doing MCC! shall not use or disclose any Client Confidential Information or Deliverables unique to or owned by Client. To the extent that title to any such Works may not, by operation of law, vest in Client or such Works may not be considered works made for hire, all rights, title and interest therein are hereby irrevocably assigned to Client. All such Works shall belong exclusively to Client, except as set forth herein, with Client having the right to obtain and to hold in its own name, copyrights, registrations or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. MCCi agrees to give Client and any person designated by Client, reasonable assistance, at Client's expense, required to perfect the rights defined in this Section 8. Unless otherwise requested by Client, upon the completion of the Services to be performed under each Order or upon the earlier termination of such Order, MCCi shall immediatelyturn over to Client all Works and Deliverables developed pursuant to such Order, including, but not limited to, working papers, narrative descriptions, reports and data. Notwithstanding the foregoing, the following shall not constitute the property of Client: (i) MCCi software, including but not limited to any proprietary code (source and object), which is subject to third -party license agreements with MCQ (ill those portions of the Deliverables which include information in the public domain or which are generic ideas, concepts, know-how and techniques within the computer design, support and consulting business generally; and (ill) those portions of the Deliverables which contain the computer consulting knowledge, techniques, tools, routines and sub -routines, utilities, know-how, methodologies and information which MCCi had prior to or acquired during the performance of its Services for Client and which do not contain any Confidential Information (as hereinafter defined) of Client conveyed to MCCL To the extent that any portion of the Deliverables includes information or material that falls within the exceptions to property of Client described in Subsection (ill) above. MCCi shall be deemed to have granted Client a paid up, world- wide, non-exclusive license to use any such information or material imbedded in the Deliverables for its internal business needs and a non-exclusive license to make copies thereof for use only in its and its affiliates' facilities, subject to third party license agreements, if any. Should MCCi, in performing any Services hereunder, use any computer program, code or other materials developed by it independently of the Services provided hereunder ("Pre-existing Work"), MCCi shall retain any and all rights in such Pre-existing Work. MCCi hereby grants Client a paid up, world-wide, non-exclusive license to use and reproduce the Pre-existing Work for its internal business needs. Client understands and agrees that MCCi may perform similar services for third Parties using the same personnel that MCCi may use for rendering Services for Client hereunder, subject to MCCi's obligations respecting Client's Confidential Information pursuant to Section 8. 10. Data Privacy In the event that MCCl, in the course of providing Services to Client, receives, stores, maintains, processes or otherwise has access to "Personal Information" (as defined by the State Data Protection Laws and/or European Union Directives, and including, but not limited to, an individual's name and social security number, driver's license number or financial number) then MCCI shall safeguard this information in accordance with these laws. MCC! may disclose Personal Information for business purposes only on a need -to -know basis and only with (I) MCCi Personnel, fi) any third party service providers that has agreed to safeguard Personal Data in a like manner as MCCi safeguards such information, and (iii) with other entities authorized to have access to such information under applicable law or regulation. MCCi may disclose Personal Data when necessary to protect its rights and property, to enforce its terms of Last updated: June 25, 2020 Page 3 of 8 MASTER SERVICES AGREEMENT NO. 61243 use and legal agreements, as required or permitted by law, or at the request of law enforcement authorities and the courts, and pursuant to a subpoena. MCCi shall have no duty to notify Client of such compliance with law. MCCi takes reasonable and appropriate measures to maintain the confidentiality and security of Personal Data and to prevent its unauthorized use or disclosure. To the extent that MCCi experiences a Security Breach as defined under the State Data Protection Laws for information generated in connection with this Agreement or any Order hereto, MCCi shall notify Client in writing within five (5) business days of discovering such Security Breach. 11. Warranty (a) Services Warranty. MCCi warrants that all Services shall be performed by personnel with relevant skill sets and familiar with the subject matter for the Order in a professional, competent and workman -like manner. MCCi's delivery of a Deliverable to Client shall constitute a representation by MCCi that it has conducted a review of the Deliverable and believes it meets the written specifications set forth in the corresponding Order. Client shall then have the right to conduct any review of the Deliverable as Client shall deem necessary or desirable. If Client, in its reasonable discretion, determines that any submitted Deliverable does notmeet the agreed upon specifications, Client shall have five (5) business days after MCCi's submission to give written notice to MCC! specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly cure any such deficiencies. After completing any such cure, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. MCCi does not warrant that the Services or Deliverables will be uninterrupted or error -free, provided that MCCi shall remain obligated pursuant to this Section 11. If the Services fail to conform to the foregoing warranty in any material respect, Clients initial remedy will be for MCC!, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. Upon failure of the foregoing, Client's remedies, and MCCi's entire liability, as a result of such failure, shall be subject to the limitations set forth in Section 12 below. The foregoing warranty is expressly conditioned upon (i) Client providing MCCi with prompt written notice of any claim thereunder prior to the expiration thereof, which notice must identify with particularity the non -conformity; (ii) Clients full cooperation with MCC! in all reasonable respects relating thereto, including, in the case of modified software, assisting MCC! to locate and reproduce the non -conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than MCCL The Parties acknowledge and agree that this Agreement relates solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of any State havingjurisdiction. MCC! also does not warrant any third -party products procured on behalf of Client, and if there are any product warranties provided by the manufacturer of the product, any remedy should be requested directly from manufacturer. • go ••LWWWWRIVILIRMLO• •: In the event that Client asserts any claim for warranty services hereunder and such claim relates to any matter that is mutually determined by the Parties not to be MCCi's responsibility hereunder (including any problem with Client's computer hardware or software that was not caused by any Services performed by MCCi), Client shall pay MCCi for all costs incurred for all evaluation, correction or other services performed by MCCi relating to such claim on a time and materials basis at MCCVs then standard billing rates. (b) General Warranty. MCCi shall perform the Services in compliance with all applicable international, federal and state laws and regulations and industry codes, including but not limited to (!) federal and state anti -kickback laws and regulations and laws governing payments to and relationships with healthcare professionals, including 42 U.S.C. §1320a-7b(b); (ii) federal Food and Drug Administration laws, regulations and guidance, including the federal Food, Drug and Cosmetic Act and the Prescription Drug Marketing Act, (III) federal and state securities laws, meaning that MCCi agrees that Client may be a publicly traded company and MCCi shall instruct MCCi Personnel that federal and state securities laws prohibit the purchase, sale, or pledge of Client stock while in possession of any material, non-public information, (iv) the Foreign Corrupt Practices Act of 1977, and the UK Bribery Act, the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and (v) international, federal and state privacy and data protection laws, including, but not limited to, the relevant European Union directives, Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act, Chapter 93H of The Massachusetts General Laws and its implementing regulations, 201 CMR 17.00, and Cal. Civ. Code § 1798.80-.84 (collectively, "State Data Protection Laws"). 12. Indemnification and Limitation of Liability (a) Mutual Indemnification. Each Party ("Indemnifying Party') shall indemnify, defend and hold the other harmless against any loss, damage or costs (including reasonable attorneys' fees) in connection with third party claims, demands, suits, or proceedings ("Claims"): Last updated: June 25, 2020 Page 4 of 9 MASTER SERVICES AGREEMENT NO.61243 • For bodily injury or personal property damage arising out of the indemnifying Partys performance within the scope of its responsibilities under this Agreement. • A breach of such the Indemnifying Partys obligations with respect to confidentiality • A breach by the Indemnifying Party of applicable laws. • Caused by negligent acts, omissions or willful misconduct of the Indemnifying Party. (b) MCC! Indemnification. MCCi shall defend, indemnify and hold Client harmless against Claims made or brought against Client by a third parry alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third partys intellectual property rights. Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement: (x) is based on information or requirements furnished by Client, (y) is the result of a modification made by a party other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided by MCCL If Client is enjoined from using the Deliverable or MCCi reasonably believes that Client will be enjoined, MCCi shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the Deliverable so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Partys option and MCCis sole liability shall be subject to the limitation of liability provided in this Section. (c) Client Indemnification. If the Services require MCCi to access or use any third party products provided or used by Client, Client warrants that it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCC! from and against any Claims to the extent arising from MCCi's access to or use of such third parry products. (d) Indemnification Procedure. Each indemnified Party shall give the indemnifying Party (a) prompt written notice of the Claim; (b) sole control of the defense and settlement of the Claim (provided that the indemnifying Party may not settle any Claim unless it unconditionally releases the indemnified Party of all liability); and (c) at indemnifying Party's cost, all reasonable assistance. (a) Limitation of Liability. In no event shall either Parry be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to such Party in advance or could have been reasonably foreseen by such Party, and whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise. Except for a Partys indemnification obligations, each Party's maximum aggregate liability for all claims, losses or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or Client's use of any such Services or Deliverables, and whether based upon contract, warranty, strict liability, tort (including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to MCO by Client under the applicable Order, giving rise to such claim during the last six (6) months. Each Parry's entire liability and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 12. The limitations on warranty and liability specified in Sections 11 and 12 hereof will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. 13. Insurance During the term of this Agreement, MCCi shall carry, at its sole expense, insurance coverage to include at a minimum the following: • Workers Compensation: State statutory limits and $1,000,000 employers' liability • Comprehensive General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate • Professional Liability: $1,000,000 per occurrence and $3,000,000 in the aggregate • Errors and Omissions: $1,000,000 per occurrence • Cyber and Technical Errors and Omissions: $3,01 in the aggregate 14. Notices All notices, demands and other communications required or permitted hereunder or in connection herewith shall be in writing and shall be deemed to have been duly given if delivered (including by receipt verified electronic transmission) or mailed in the Continental United States by first class mail, postage prepaid, to a Party at the following address, or to such other address as such Parry may hereafter specify by notice: If to MCci MCCi, LLC If to Client: Fayetteville, AR 3717 Apalachee Parkway, Suite 201 113 West Mountain Street Tallahassee, FL 32311 Fayetteville, AR 72701 Attn: Legal Department Attn: Kara Paxton Email is. Miscellaneous (a) 3rd Party EULA Provisions. Client acknowledges that they are responsible for adhering to any 3'd party End User License Agreements ("EULA"), whether supplied by MCCi as a convenience or not, for any products procured on behalf of Client by MCCi. Last updated: June 25, 2020 Page 5 of 8 MASTER SERVICES AGREEMENT NO.61243 (b) Use of Open Source Code. Except as disclosed in the Order, MCC! does not distribute nor otherwise use any open source or similar software in a manner that would obligate MCCi to disclose, license, make available or distribute any of its material proprietary source code as a condition of such use. For purposes of this Agreement, "Open Source" shall mean any software or other Intellectual Property that is distributed or made available as "open source software" or "free software" or is otherwise publicly distributed or made generally available in source code or equivalent form under terms that permit modification and redistribution of such software or Intellectual Property. Open Source Materials includes software that is licensed under the GNU General Public License, GNU Lesser General Public License, Mozilla License, Common Public License, Apache License or BSD License, as well as all other similar "public" licenses. (c) Client Software Customizations. Client may choose to customize their software internally without MCCi's help. MCCi is not responsible for any damages caused by Client's customization of the software. MCCi will not be held responsible for correcting any problems that may occur from these customizations. (d) MCC! Software Configuration Services. Client may elect to contract with MCCi to configure Client's software. In these situations, Client acknowledges they are responsible for testing all software configurations and as such, waives any and all liability to MCCi for any damages that could be related to these software configurations. (e) Force Majeure. If either of the Parties hereto are delayed or prevented from fulfilling any of its obligations under this Agreement by force majeure, said Parties shall not be liable under this Agreement for said delay or failure. "Force Majeure" means any cause beyond the reasonable control of a Party including, but not limited to, an act of God, an act or omission of civil or military authorities of a state or nation, epidemic, pandemic, fire, strike, Flood, riot, war, delay of transportation, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. (f) Audit Rights. With reasonable notice and at a convenient location, Client will have the right to audit MCCPs records to verify MCCi's records to confirm MCCi's billing to Client is correct. In addition, should any of Client's regulators legally require access to audit the Services, MCCi will, to the extent legally required by such regulators, provide access for the same. All results of such audits shall be MCCi Confidential Information. Client shall bear all costs associated with audits. (g) Assignment. Neither Party may assign or otherwise transfer any of its rights, duties or obligations under this Agreement without the prior written consent of the other Party. Either Party, however, without any requirement for prior consent by the other, may assign this Agreement and its rights hereunder to any Party or entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, assets or business of such Party, if the succeeding party or entity agrees in writing to assume and be bound by all of the obligations of such Party under this Agreement. This Agreement shall be binding upon and accrue to the benefit of the Parties hereto and their respective successors and permitted assignees. (h) Modification. This Agreement may be modified only by a written amendment executed by duly authorized officers or representatives of both Parties. (I) Provisions Severable. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be severed from this Agreement and the remaining provisions will continue in full force. a) Dispute Resolution. Should a dispute arise between MCC! and Client involving their respective responsibilities, limitations or the working relations between the Parties under this Agreement or any Order, then the Parties will make every effort to amicably resolve the dispute. Prior to entering arbitration as set forth below, the Parties agree that any dispute will initially be referred to their senior management for resolution within ten It 0) business days of receipt of notice specifying and asking for the intervention of the Parties'superiors. If the dispute is still unresolved after such ten (10) business day period, the Parties agree, at the written request of either Party, to submit the dispute to a single arbitrator for resolution by binding arbitration under the rules of the American Arbitration Association, and that any award of the arbitrator shall be enforceable under any court having jurisdiction thereof. In any such action, the Parties will bear their own costs and will share equally in the costs and fees assessed by the American Arbitration Association for its services. (k) Interpretation. The descriptive headings of this Agreement and of any Order under this Agreement are for convenience only and shall not affect the construction or interpretation of this Agreement. As used herein, "include" and its derivatives (including, "e.g.") shall be deemed to mean "including but not limited to." Each Party acknowledges that this Agreement has been the subject of active and complete negotiations, and that this Agreement should not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of this Agreement. (1) Publicity. MCCi may use the name of Client, the existence of this Agreement and the nature of the associated services provided herein for Last updated: June 25, 2020 Page 6 of 8 MASTER SERVICES AGREEMENT NO.61243 marketing purposes, except that such use shall not include any Client Confidential Information as defined in Section 7 of this Agreement. (m) Entire Agreement. This Agreement and all Order(s) attached hereto constitute the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, oral or written, and all other prior or contemporaneous communications between the Parties relating to the subject matter herein. (n) Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which taken together will constitute one single agreement between the Parties with the same effect as if all the signatures were upon the same instrument. (Remainder of Page Intentionally Left Blank Signature Page Follows) Last updated: June 25. 2020 Page 7 of 8 MASTER SERVICES AGREEMENT NO.61243 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. MCC!, LLC Name: Date: FAYETTEVILLE. AR ("Client") Name: Title: Date: 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 Last updated: June 25.2020 Page 8 of 8 ADDENDUM NO. 1 TO MASTER SERVICES AGREEMENT NO. 61243 SCANNING ORDER Pursuant to Master Services Agreement No. 61243 ("Agreement'): This Scanning Order, designated as Addendum No. 1 is entered into as of 2020 ("Addendum Effective Date'), by and between MCG and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 1 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC Signed: Name: Title: Date: FAYETTEVILLE ('Client') Signed: Name: Title: Date: Addendum No. 1 to Master Services Agreement No. 61243 Page 1 of 6 PRICING Project I — Conversion of Documents estimated cost Excess Images @ $0.02 NCPA 11-26 Discount End of Year Volume Microfiche Discount TOTAL ESTIMATED PROJECT COST ALL QUOTES EXPIRE IN 30 DAYS $49,495.19 ($2,605.01) ($17,490.18) $29,400.00 NCPA Pricing: The pricing and terms in this contract are derivative of the "Not -To -Exceed" digitization rates that were competitively sourced through the National Cooperative Purchasing Alliance (NCPA). The rates and terms listed are based upon the complexity and volume of the project(s) outlined in this contract. The rates listed may be applied to additional projects that haven't been specifically outlined in this contract, but MCO reserves the right to verify the complexity of those projects and if needed modify the rates accordingly. PAYMENT & BILLING TERMS MCO will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. Addendum No. 1 to Master Services Agreement No. 61243 Page 2 of 6 PROJECT SCOPE Client will furnish MCCi with all hard copy/electronic documents for its use in preparing the document imaging project and that need to be converted. GENERAL DESCRIPTION - 215' ROLLS 16MM Film Various Departments Minutes, Permits, Contracts, HR Files, Etc. 337 2,022,000 6,000 DOCUMENT PREPARATION STORAGECURRENT Boxes, Offsite Warehouse CONDITIONSDocuMENTS Good IMAGE PROCESSING & INDEXING IMAGE OUTPUT MATERIAL HANDLING 300 DPI, Black & White Up to 250 Indexes per Roll File Name Depends on the type of file. Optional Item Quoted Below Secure FTP Transfer Laserfiche Briefcase MCCi Pickup Up to 1 shipment (if job is broken up, volume pricing must be also) SPECIAL NOTES Any corrections such as rescans or indexing changes must be brought to MCCi's attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. Addendum No. 1 to Master Services Agreement No. 61243 Page 3 of 6 SCANNING ASSUMPTIONS ERROR RATE MCCi's acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCO cannot be accountable for records not reflected in original inventory report provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE MCO's facilities contain secure rooms for hardcopy "work in progress" document storage. MCCi will arrange for the return of hardcopy documents to Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client, storage charges of $2.50 per cubic foot per month will apply. DATASTORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MCCi's Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi's discretion. MCCi recognizes that for records retention and security compliance, Client may require MCCi to delete copies of its data prior to MCCi's process of deleting data; if so, Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES MCCi can provide any department in the organization with scanning services for documents other than those described in this pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginningtheir own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCO is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non - legible images, or other errors that are not controllable by MCCL Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA If included in the Scope of Services, MCCi will integrate the documents with the Laserfiche Software to provide Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING MCCi will post the documents to the web for a minimal annual fee. MCCi provides Client with a direct link which can then be linked to Client's website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. This recurring web posting service will automatically renew and be billed unless Client has terminated the Agreement or provided sixty (60) days written notice priorto the scheduled renewal date of the recurring Services. No refunds are available in the event of cancelling prior to the expiration of a renewal term. Addendum No. 1 to Master Services Agreement No. 61243 Page 4 of 6 PROJECTTIMELINE MCC! will complete and deliver the project within the predetermined project timeline as agreed upon with Client. Should MCCi require additional time, Client will be notified immediately. DOCUMENT TRANSPORTATION Client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCi facilities. If Client chooses to utilize MCCi's pickup and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to Client not having all the documents ready for pick up, additional charges will be applied. If Client chooses to ship via a certified carrier, Client incurs all shipping costs. PRICING Charges apply on a per project basis and are dependent upon size and volume of documents. MCC! requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. Ili►_ IId1ylJ1Nd413DZVI401i611W1Nei1*Y:1&1ti*y The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCC! will call for authorization to proceed with the project. LASERFICHE SYSTEM CLIENTS Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Preferred/Best Value provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCC! with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to existing projects. MCCi CERTIFIED PARTNERS MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCi. . Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. SERVICES PROVIDED The services provided in this order will be in full force and effect for a period of 90 days from the date of shipment of the completed product to the organization. INDEMNIFICATION AND LIMITATION OF LIABILITY (a) Mutual Indemnification. Each Party shall indemnify, defend and hold the other harmless against any loss, damage or costs (including reasonable attorneys' fees) in connection with third Party claims, demands, suits, or proceedings ("Claims"): • For bodily injury or personal property damage arising out of the indemnifying Partys performance within the scope of its responsibilities under this Agreement. • A breach of such Party's obligations with respect to confidentiality • A breach by such Party of laws. ' • Caused by negligent acts, omissions or willful misconduct Addendum No. 1 to Master Services Agreement No. 61243 Page 5 of 6 (b) MCC! Indemnification. MCCi shall defend, indemnify and hold Client harmless against Claims made or brought against Client bya third Party alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third Partys intellectual property rights. Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement: (x) is based on information or requirements furnished by Client, (y) is the result of a modification made by a Party other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided by MCCL If Client is enjoined from using the Deliverable or MCCi reasonably believes it will be enjoined, MCCi shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the Deliverable so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Partys option and MCC!'s sole liability shall subject to the limitation of liability provided in this Section. (c) Client Indemnification. if the Services require MCCi to access or use any third Party products provided or used by Client, Client warrants that it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third Party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees) to the extent arising from MCCi's access to or use of such third Party products. (d) indemnification Procedure. Each indemnified Party shall give the indemnifying Parry (a) prompt written notice of the Claim; (b) sole control of the defense and settlement of the Claim (provided that the indemnifying Parry may not settle any Claim unless it unconditionally releases the indemnified Parry of all liability); and (c) at indemnifying Parry's cost, all reasonable assistance. (e) Limitation of Liability. In no event shall either Party be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to such Party in advance or could have been reasonably foreseen by such Party, and whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise. Except for a Partys indemnification obligations, each Party's maximum aggregate liability for all claims, losses or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or Client's use of any such Services or Deliverables, and whether based upon contract, warranty, strict liability, tort (including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to MCCi by Client under the applicable Order, giving rise to such claim during the last six (6) months. Each Party's entire liability and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 11. The limitations on warranty and liability specified in Sections 10 and 11 hereof will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. USE OF BASECAMP Through the course of this project, MCC! may choose to utilize the third -parry service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Basecamp. Addendum No. 1 to Master Services Agreement No. 61243 Page 6 of 6 HALL ESTILL ATTORNEYS AT LAW October 5, 2020 VIA US MAIL & E-MAIL cityclerkgfayetteville-ar.gov Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 Re: Appeal of Rezone Request RZN-2020-000009 (6061 W. Dot Tipton Rd./JRJBCS, Inc., 474/475) Dear Ms. Paxton: Robert K. Rhoads 75 N. East Avenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill.com The above referenced rezoning request was heard before the Planning Commission on September 281h 2020. The Planning Commission voted to not recommend the rezoning to the City Council; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of the rezoning be put on the next scheduled appropriate City Council Agenda. The Petitioner believes the Planning Commission's refusal to recommend approval of the rezoning was in error and contrary to Unified Development Codes 161.03 and 161.07 in that the rezoning request was compatible with neighboring property in light of the future plans of the City. I thank you in advance. X ours K. Rhoads RKR:slt Cc: Clients Johnathan Curth Ryan Umberger Tom Hennelly Kit Williams Blake Pennington "AWMARJUM Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com Kara Paxton, City Clerk October 5, 2020 Page 2 P.S. There is a good chance we will withdraw this Appeal and go back to the Planning Commission with substantial changes to the rezoning request covering the property, but I wanted to preserve our appeal rights. 4619405.1:000156.00001 CITY OF FAYETTEVILLE MW ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Ryan Umberger, Planner DATE: October 16, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000009: Rezone (6061 W. DOT TIPTON RD./JRJBCS, INC., 474/475): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 6061 W. DOT TIPTON RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 39.88 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject area includes seven parcels totaling approximately 39.88 acres. The area in question spans the south side of W. Tipton Rd. between N. 54th Ave. and N. Double Springs Rd. The subject properties are zoned R-A, Residential Agricultural and are currently undeveloped. A portion of the rezoning request is adjacent to Farmington City limits. In 2008 a request for a Residential Planned Zoning District was submitted for the same group of properties. The request sought to construct 182 single-family dwelling units divided into three residential planning areas and include 3.5 acres of public pedestrian trails and green space. The overall proposed density for the project was 4.55 units per acre. The Planning Commission denied the request with commissioners citing concerns about density and the project's location on the outskirts of town. Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-4, Residential Single-family, 4 Units per Acre. The applicant intends to develop the property into a residential subdivision which would be compatible with the underlying zoning district. The western portion of the subject property abuts Farmington city limits. Under State statute 14- 56-306(B), a zoning map amendment that is proposed in one municipality on land adjoining the boundary of another municipality is subject to the consideration of both. Accordingly, prior to recordation of an ordinance to rezone the subject property, it shall be considered and approved by the City of Farmington. Land Use Compatibility. The subject property, on the west side of Fayetteville, is surrounded by large rural residential lots and agricultural land with very low densities. The property lies within the Farmington School District due to the presence of Pop Williams Elementary along Broyles Street. Farmington Schools have not provided comment on the project. Although, the area along N. Double Springs Rd. is experiencing pressure for development, staff believes RSF-4 is out of place with the immediately surrounding rural character of the area. The applicant's request letter describes the proposal as necessary due to the limited availability of large tracts of land within the City. The applicant suggests by approving this rezoning, the property can be developed in a way that utilizes the existing and adequate road, water and sanitary sewer services to support development and help decrease maintenance costs for the City. Staff finds traffic concerns to likely be exacerbated due to the requirement of future residents to drive for any good or service. The area lacks a diverse transportation network as there is no sidewalk or trail connectivity and the main routes to and from the property are along streets that are largely unimproved. Sidewalks are not present on W. Dot Tipton, 54th Ave. and are inconsistent on N. Double Springs Rd. The site is near Wedington Drive, a Regional Link street. As a Regional Link, Wedington Dr. is intended to support volumes of up to 17,600 a day. Double Springs Rd. would likely facilitate most traffic from the site to Wedington Dr. According to the Master Street Plan Double Springs Rd. can support volumes up to 6,000 vehicle trips per day. ArDOT most recently collected counts in 2016, about a half -mile north of the site and collected 3,900 AADT. Local accident data shows there have been three non -injury accidents reported between N. Double Spring's intersection with Dot Tipton and Wedington Dr. since 2015. The Master Street Plan shows a planned Neighborhood Link and Residential Link to intersect the property. Land Use Plan Analysis: Staff has concerns that the rezoning does not align with several of the primary Goals of City Plan 2040. The request is not considered infill or revitalization and rezoning to RSF-4 is incompatible with aims to discourage suburban sprawl. The subject area is at the furthest west extent of city limits with little proximity to City services. Therefore, by rezoning the properties any subsequent development would increase automobile dependence on an unimproved street system; in contrast to the City's goal of growing a livable transportation network. It's questionable a rezone to RSF-4 will create opportunities for attainable housing. RSF-4 severely restricts the permissible by -right uses limiting variety in housing stock. Fayetteville's long-range plans discourage sprawl by supporting revitalization nearer to the urban center, assessing where services are provided, and by limiting growth on the edges of the city. The subject area lacks non-residential services or employment centers in the vicinity, so any development is likely to create a greater burden on existing infrastructure in the area. Future residents will likely anticipate improvement of access and amenities in the area by the City, at a level that is not viable at this time. The subject area is designated as a Residential Neighborhood Area on the City's Future Land Use Map. Residential Neighborhood Areas are intended to support a wide variety of housing types of appropriate scale and context. RSF-4 encourages predominantly single-family neighborhoods in contrast to the Residential Neighborhood Area's allowance for a mix of residential uses and densities including duplex, 3-plex, 4-plex where appropriate. The proposed rezoning limits the range of permissible residence types even beyond what is allowed in the existing R-A zoning. Attainable housing is jeopardized by both the limitation of housing variety and the orientation toward vehicular travel. Given the considerations above, staff does not support the proposal, but finds that future development may be appropriate as services and amenities extend towards this portion of the City's periphery. Public Comment. Staff has received public comment in opposition to the requested rezoning. The neighbors' concerns center around issues associated with increased density including traffic, drainage, reduced property values, and the loss of the rural character of the area. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 0 and 3 for the subject property. The following elements of the matrix contribute to the score: • Near Park (Harmony Pointe Park) • Near Water Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) • Near Sewer Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) DISCUSSION: On September 28, 2020, the Planning Commission denied the rezoning request by a vote of 7-0- 0. During the meeting a neighboring property owner voiced opposition to the rezoning. The resident's concerns involved preservation of the rural area, inadequate road infrastructure, and consideration for Farmington Schools. Commissioners were generally opposed to the proposal's inadequacy in meeting the City's long-range planning goals regarding infill, citing concerns with urban sprawl and the importance of prairie land preservation. BUDGET/STAFF IMPACT: None Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000009 Close Up View JL IMERICK-1-t9q RMF-6 Y Q l RSF-4 rV i• _ N; ■■■■■■ 0 Cb (D z a U) w J m O 0 RSF-2 Legend Planning Area mmmmg::� �- - - Fayetteville City Limits 0 145 290 Building Footprint JRJBCS, Inc. I W J Q N 0 v� p m I z W U _ N m J O IRISH BEND DR v DOT TIPTON,RD------- 1 Proposed r RSF-4 Subject Property ■ ■ Feet 580 870 1 inch = 400 feet 1,160 RSF-1 tY o rx W Ica WE A& NORTH Zoning Acres RSF-4 39.9 Total 39.9 RZN-2020-000009 EXHIBIT'B' Legal Description PARCELS DESCRIBED FROM PLAT 2018-00011608. 765-20489-100, 765-16202-600, 765-16202-650, 765-16202-150, 765-16202-500, 765-16202-550 & 765- 16202-450: A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14 AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, ALL BEING LOCATED IN TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N00'13'09"E 55.00' FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 AND RUNNING THENCE 589'54'14"W 1320.85', THENCE 500-16'33"W 55.08' TO AN EXISTING ALUMINUM MONUMENT MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15, THENCE ALONG THE SOUTH LINE THEREOF S89°46'03"W 825.55' TO AN EXISTING REBAR, THENCE LEAVING SAID SOUTH LINE N00-01'06"W 788.86' TO AN EXISTING REBAR, THENCE 589'51'03"W 498.02', THENCE N00-00'21"W 178.40' TO AN EXISTING COTTON SPINDLE, THENCE N89°48'21"E 939.37' TO AN EXISTING REBAR, THENCE 500-00'55"E 453.49' TO AN EXISTING REBAR, THENCE 589'27'42"E 386.81' TO AN EXISTING REBAR, THENCE N00-04'09"E 52.23' TO AN EXISTING REBAR, THENCE N00°15'50"E 30.31', THENCE N89°59'18"E 196.55, TO AN EXISTING REBAR, THENCE N00°57'25"W 531.53' TO THE CENTERLINE OF DOT TIPTON ROAD, THENCE ALONG SAID CENTERLINE N89°18'56"E 597.15', THENCE LEAVING SAID CENTERLINE S00°08'38"W 537.41', THENCE N89°54'27"E 537.07' TO AN EXISTING REBAR, THENCE S00°13'09"W 535.99' TO THE POINT OF BEGINNING, CONTAINING 39.88 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH DOUBLE SPRINGS ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT, SUBJECT TO THAT PORTION IN DOT TIPTON ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT, AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Ryan Umberger, Planner MEETING DATE: September 28, 2020 SUBJECT: RZN-2020-000009: Rezone (6061 W. DOT TIPTON RD./JRJBCS, INC., 474/475): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 6061 W. DOT TIPTON RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 39.88 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN-2020-000009. RECOMMENDED MOTION: "I move to deny RZN-2020-000009." BACKGROUND: The subject area includes seven parcels totaling approximately 39.88 acres. The area in question spans the south side of W. Tipton Rd. between N. 54th Ave. and N. Double Springs Rd. The subject properties are zoned R-A, Residential Agricultural and are currently undeveloped. A portion of the rezoning request is adjacent to Farmington City limits. In 2008 a request for a Residential Planned Zoning District was submitted for the same group of properties. The request sought to construct 182 single-family dwelling units divided into three residential planning areas and include 3.5 acres of public pedestrian trails and green space. The overall proposed density for the project was 4.55 units per acre. The Planning Commission denied the request with commissioners citing concerns about density and the project's location on the outskirts of town. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Large Lot Residential R-A, Residential Agricultural; RSF-1, Residential Single-family, 1 Units per Acre South Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre; RSF-2, Residential Single-family, 2 Units per Acre East Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre West Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-4, Residential Single-family, 4 Units per Acre. The applicant did not explicitly share their intentions for the land but suggest development which would be compatible with the City's future land use plan and growth in the area. Under State statute 14-56-306(B), a zoning map amendment that is proposed in one municipality on land adjoining the boundary of another municipality is subject to the consideration of both. The western portion of the subject property abuts Farmington's city limits. Accordingly, prior to recordation of an ordinance to rezone the subject property, it shall be considered and approved by the City of Farmington. Public Comment: Staff has received public comment in opposition to the requested rezoning. The neighbors' concerns center around issues associated with increased density including traffic, drainage, reduced property values, and the loss of the rural character of the area. INFRASTRUCTURE: Streets: The subject area has frontage to W. Dot Tipton Rd. and about 180 feet of frontage along N. Double Springs Rd. Both streets are unimproved Residential Link streets with asphalt paving, lacking curbs, gutters, and sidewalk along the subject area's frontage. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the overall subject area. Parcel 765-20489-100 has access to an existing 8-inch water main along N. Double Springs Rd. An existing 8-inch water main is present along the south of W. Dot Tipton Rd. servicing parcels 765-16202-150 and 765-16202-650. Parcels 765-16202-600, 765-16202- 500, 765-16202-550 and 765-16202-450 do not have direct access to water. Sewer: Sanitary Sewer is available to the overall subject area. Parcels 765-16202-150 and 765-16202-650 have access to an existing 8-inch sanitary sewer main. Parcels 765-20489-100, 765-16202-600, 765-16202-500, 765-16202-550 and 765-16202-450 do not have direct access to sanitary sewer. Lift Station LS-44 is present in the subject area. Drainage: No portion of the property is within the Hillside -Hilltop Overlay District or FEMA floodplain. There are no protected streams on the property. Hydric soils appear to be present on much of the subject area. Fire: Station 7, located at 835 N. Rupple, protects the site. The property is located approximately 3.4 miles from the fire station with an anticipated drive time of approximately 6 minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. This property does not meet the fire department's response goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 0 and 3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 2. The following elements of the matrix contribute to the score: • Near Park (Harmony Pointe Park) • Near Water Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) • Near Sewer Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility. In staff's opinion, the uses permitted within the RSF- 4 zoning district are not generally compatible with the surrounding residential uses. This site, on the west side of Fayetteville, is surrounded by large rural residential lots and agricultural land at very low densities. Although, the area along N. Double Springs Rd. is experiencing pressure for development, staff believes RSF-4 is out of place with the immediately surrounding rural character of the area. Rezoning and development at the proposed density in this area may be appropriate at a later date, however, it is not supported by adequate levels of infrastructure or services currently. Land Use Plan Analysis: Staff has concerns that the rezoning does not align with several of the primary Goals of City Plan 2040. The request is not considered infill or revitalization and rezoning to RSF-4 is incompatible with aims to discourage suburban sprawl. The subject area is at the furthest west extent of city limits with little proximity to City services. Therefore, by rezoning the properties any subsequent development would increase automobile dependence on an unimproved street system; in contrast to the City's goal of growing a livable transportation network. It's questionable a rezone to RSF-4 will create opportunities for attainable housing. RSF-4 severely restricts the permissible by -right uses limiting variety in housing stock. Fayetteville's long-range plans discourage sprawl by supporting revitalization nearer to the urban center, assessing where services are provided, and by limiting growth on the edges of the city. The subject area lacks non-residential services or employment centers in the vicinity, so any development is likely to create a greater burden on existing infrastructure in the area. Future residents will likely anticipate improvement of access and amenities in the area by the City, at a level that is not viable at this time. The subject area is designated as a Residential Neighborhood Area on the City's Future Land Use Map. Residential Neighborhood Areas are intended to support a wide variety of housing types of appropriate scale and context. RSF-4 encourages predominantly single-family neighborhoods in contrast to the Residential Neighborhood Area's allowance for a mix of residential uses and densities including duplex, 3-plex, 4-plex where appropriate. The proposed rezoning limits the range of permissible residence types even beyond what is allowed in the existing R-A zoning. Attainable housing is jeopardized by both the limitation of housing variety and the orientation toward vehicular travel. Given the considerations above, staff does not support the proposal, but finds that future development may be appropriate as services and amenities extend towards this portion of the City's periphery. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant's request letter describes the proposal as necessary due to the limited availability of large tracts of land within the City. The applicant suggests by approving this rezoning, the property can be developed in a way that utilizes the existing street and utility infrastructure which will help to decrease maintenance costs for the City. Staff finds the proposed zoning is not justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-A to RSF-4 may appreciably increase traffic to this location due to the number of vehicle trips associated with increased residential uses. With due consideration for this potential, the site is near Wedington Drive, a Regional Link street. As a Regional Link, Wedington Dr. is intended to support volumes of up to 17,600 a day. Double Springs Rd. would likely facilitate most traffic from the site to Wedington Dr. According to the Master Street Plan Double Springs Rd. can support volumes up to 6,000 vehicle trips per day. ArDOT most recently collected counts in 2016, about a half -mile north of the site and collected 3,900 AADT. Local accident data shows there have been three non -injury accidents reported between N. Double Spring's intersection with Dot Tipton and Wedington Dr. since 2015. The Master Street Plan shows a planned Neighborhood Link and Residential Link to intersect the property. Staff finds traffic concerns to likely be exacerbated due to the requirement of future residents to drive for any good or service. The area lacks a diverse transportation network as there is no sidewalk or trail connectivity and the main routes to and from the property are along streets that are largely unimproved. Sidewalks are not present on W. Dot Tipton, 54th Ave. and are inconsistent on N. Double Springs Rd. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RSF-4 will lead to an increased density over the current R-A and surrounding RSF-1 and RSF-2 zones. However, there are existing and adequate water and sanitary sewer services to support development. The property lies within the Farmington School District for Pop Williams Elementary along Broyles Street. Farmington Schools have not provided comment 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Staff finds the development proposal to be premature considering the context of the surrounding area. Staff acknowledges development along Double Springs Rd. is undoubtably appropriate but cannot be accommodated with the current level of services and amenities. RECOMMENDATION: Planning staff recommends denial of RZN-2020-000009. PLANNING COMMISSION ACTION: Required YES Date: September 28, 2020 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.07 -District RSF-4, Residential Single -Family -Four (4) Units Per Acre • Request letter • Public Comment • Barnes, Les • Dowty, Karee • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 Unit 4 City-wide uses by conditional use permit Cultural and recreational facilities Government facilities Unit 5 Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half ('/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: Nonresidential: Lot area per dwelling unit (E) Setback Requirements. Front 35 feet Side 20 feet 2 acres 2 acres 2 acres Rear 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) a Crafton Tull ® architecture I engineering I surveying August 19, 2020 City of Fayetteville Attn: Planning Department 113 West Mountain St Fayetteville, AR 72701 Re: Rezone Application — Dot Tipton Property CT Job #: 20108000 Planning Staff, 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com On behalf of our client, JRJBCS, LLC, we are submitting an application to rezone approximately 40 acres of land adjacent to Dot Tipton Road in west Fayetteville. The property is comprised of seven different parcels that are all currently zoned RA. We are seeking approval to rezone to RS F-4. RSF 4 RMF-6 s 0 x 0 c a Yi - - - r - - .. - - - r jam[ -r 1 l r 1 1 jx---------r 1 1 ..r 1 1 1 I 1 1 • 1 1 1 1 1 i1 1 1 1 1 [ 1 1 1 1 R-A 1 r [ ! 1 1 1 [ I " r 1 1 - - r - - - - - - - - - .. r ' 1' - ... - .. r .... - - - - - - - - - - - - - - - - - - .. W r 1 FLSF-/ The City of Fayetteville future land use plan (2040) designates this area as Residential Neighborhood. Within this plan, Residential Neighborhood areas are defined as being "primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family homes, duplexes, rowhouses, multifamily and accessory dwellings." a Crafton Tull ® architecture I engineering I surveying 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com The property is surrounded by parcels currently zoned RSF-1, RSF-2 and RSF-4. It is just south and east of two large existing residential single-family developments. Water and sanitary sewer infrastructure are both available on site. We feel that rezoning the property to RSF-4 would be both compatible with the City's future land use plan and the growth in the area. It will not unreasonably affect or conflict with the surrounding land uses. Large tracts of land within the City of Fayetteville are becoming less and less available. By approving this rezoning, the property can be developed in a way that utilizes the existing street and utility infrastructure which will help to decrease maintenance costs for the City in the future. Traffic leaving the site would do so on to Dot Tipton and have access to both W Wedington Dr. and Martin Luther King Blvd. via N Double Springs Rd. and N 541" Ave. Any traffic analysis required would be performed at the time of preliminary plat. It is for the reasons above we are requesting your review of this rezoning application. Please feel free to contact us with any questions. Thank you, Joseph Fifer, PE Project Manager Umberger, Ryan From: Planning Shared Sent: Monday, September 14, 2020 8:48 AM To: Umberger, Ryan Subject: FW: REF: Rezoning request of 40 acres from RA to RSF-4 Willie Benson Planning Technician Planning Division City of Fayetteville, Arkansas 479-718-7625 From: Les Barnes <Ies.barnes4380@gmail.com> Sent: Sunday, September 13, 2020 8:15 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: REF: Rezoning request of 40 acres from RA to RSF-4 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. We received notice that JRJBCS, LLC (thru Crafton, Tull & Associated) seeks to rezone a 40 acre tract adjacent to our property from Residential -Agriculture (RA) to Residential Single Family 4 units/acre (RSF-4). The notice didn't specify where the 40 acres were located, but I called Joseph Fifer at Crafton, Tull & Associates and got the location as being at the corner of Double Springs Road and then east along Dot Tipton Road. I am writing to request this rezoning to RSF-4 be denied. The existing homes along the west side of this 40 acres are all on 2+ acre lots. My home is on a 2.5 acre lot and zoned RA. Having 4 houses to the acre, as this rezoning request desires, would negatively impact the property value of my home and therefore I oppose this density level being immediately adjacent to my home. The PE (Joseph Fifer) for Crafton, Tull & Associates told me via our phone conversation on September 4, 2020 that the builder is not planning to actually build to that density but rather at the density of Silverthorn subdivision, or the density of houses along Persimmon in Legacy Point subdivision (both subdivisions are within 1/2 mile of my house). Silverthorn has houses on 1 acre lots and other houses at approximately 1/2 acre lots. The houses in Legacy Point along Persimmon are also on approximately 1/2 acre lots. I don't know the official density levels for those subdivisions but it appears to be closer to RSF-2. If that's how JRJBCS, LLC plans to build then that's what they should request - not RSF-4. In addition to potentially decreased property value, I'm also concerned about the added traffic levels to Double Springs Road and the severe water runoff caused by having that many houses, driveways and streets on that property. The land is not level. About half of the 40 acres drains to the west. Even now, when we have heavy rains, the water runs between my home and the house to my south creating a knee-deep, nearly 1/4 acre pond that takes many days/week to drain or evaporate. The added runoff will only make the flooding problem worse. Thank you for your consideration. Please contact me if you have any questions or need further details. Regards, Leslie Barnes 76 N. Double Springs Road Farmington, AR (I'm actually in Fayetteville city limits) 479-263-4380 Virus -free. www.avast.com Umberger, Ryan From: Planning Shared Sent: Friday, September 11, 2020 10:30 AM To: Umberger, Ryan Subject: FW: Opposition of Rezoning Ryan, Public comment on RZN 20-000009. 1 will save to EG if you will respond, etc. Thanks. Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison@fayetteville-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube -----Original Message ----- From: Karee Dowty [mailto:kareedowty@yahoo.com] Sent: Friday, September 11, 2020 10:17 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Opposition of Rezoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, My name is Karee Dowty and I am writing to let you know of my strong opposition to the rezoning of the 40 acres on Dot Tipton Road from RA to RSF-4. If you will take the time to drive out to this area and see where the property is located you will see that the tiny country road cannot possibly handle the addition of over 100 homes and at least 200 more cars traveling on it daily. Also, development of this land will create a drainage problem for the 4-5 landowners who's property backs up to this land. Drainage issues that will most likely result in lawsuits from these landowners if development isn't handled properly. And as we've all seen numerous times, it rarely is. I am further concerns that I will be voicing to Farmington City Council and School Board as development on this Fayetteville land will have the biggest negative impact on Farmington resources, schools, and residents. Thank you for taking the time to read my email and I hope you will listen to the residents who already live in this area. We all moved here because we wanted to live in a rural area, we do not want it developed and it should not be done. Karee RZN-2020-000009 Close Up View JL IMERICK-1-t9q RMF-6 Y Q l RSF-4 rV i• _ N; ■■■■■■ 0 Cb (D z a U) w J m O 0 RSF-2 Legend Planning Area mmmmg::� �- - - Fayetteville City Limits 0 145 290 Building Footprint JRJBCS, Inc. I W J Q N 0 v� p m I z W U _ N m J O IRISH BEND DR v DOT TIPTON,RD------- 1 Proposed r RSF-4 Subject Property ■ ■ Feet 580 870 1 inch = 400 feet 1,160 RSF-1 tY o rx W Ica WE A& NORTH Zoning Acres RSF-4 39.9 Total 39.9 RZN-2020-000009 J RJ BCS, Inc. Current Land Use A& NORTH r e� �� .w � g LIMER ICK AY � � W_ �v" a I ❑ ' _gym/ J� eir mT L.0 CC 0 BEND e�- r Single -Family Residential/Agricultural mOT�TIP..TON!RD ' D .. Single -Family N Residential Single -Family Z. Residential Single -Family _ Residential 0, A 4 Planning Area - - -; Fayetteville City Limits Salvage Yard Subject Property *: .:'I Undeveloped U Undeveloped/Agricultural Feet 0 145 290 580 870 1 inch = 400 feet 1,160 FEMA Flood Hazard Data too -Year Floodplain Floodway RZN-2020-000009 Future Land Use MESA-ST PAGOSA PL JRJBCS, Inc. J Q LIMERICK W z �. z WAY � a I O SILVERTHORNE RD- �- - - — — - - - — — - - -j w ---------- --'m O ■ ■ CANADAZR Q J w C7 TAVERNER RING J v Legend Planning Area �- - - Fayetteville City Limits Building Footprint PERSIMMON ST Z�w > mN 3LLLL Q U'a a I o 0 om �m 2 IRISH BEND DR "7T-TIPTON RD ■ Subject Property] F� �■■■ ■■■-W-0■ Neighborhood Natural SELLER&RD Rural Residential Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet \ 611-ak o rr CANE-HI�� Y o U w 00 _0 w O Y uj w O m w Q' 0 I 0 w ,PJNGS-DR X-P I SON,5' -BOGA,O,DR -SHALOTT-DR Q � O' w -• Q y Day F-. O, City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting October 20, 2020 City Council Meeting Minutes October 20, 2020 Page 1 of 28 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 20, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, and Kyle Smith joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and RecotEnitions: Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, IT Director Keith Macedo, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 2 of 28 those of us you see before you, the voices you hear during the course of this meeting are being recorded for public record and piped into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, and joining the Zoom conference by smartphone, tablet or computer. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from doing this until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand, so as to ensure time to be recognized. Fayetteville residents will be allowed to speak first. When recognized, please state your name and address for the record. Public comment shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: Fayetteville Advertising & Promotion Commission: A resolution to accept a proposal by the Fayetteville Advertising & Promotion Commission for a series of four outdoor events in the downtown area and provide funding in the amount of $20,000 and to approve a budget adjustment. Council Member Marsh made a motion to suspend the rules and add Fayetteville Advertising & Promotion Commission item to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the resolution. Mayor Jordan: We have been working on this for a while. Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He stated the resolution is for funding four outdoor socially distanced events through a proposal from Experience Fayetteville. He stated the idea stemmed from Mayor Jordan's Small Business Resiliency Task Force that was formed on March 21, 2020. He stated the group has met weekly since the pandemic started. He stated it was piloted by the city's Long Range Planner, Mary McGetrick and Experience Fayetteville. He stated the events would be managed and led by Experience Fayetteville and coordinated with the businesses in the chosen areas. He stated staff is exploring the acquisition of other funding to private philanthropic efforts so they can make these 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 3 of 28 even more throughout the year. He stated this will also provide some funding to keep restrooms open at the Town Center. Molly Rawn, Experience Fayetteville Executive Director stated she believes this will help businesses and help the downtown. Council Member Turk: You already piloted this on Block Street. Could you describe how many people were there, if social distancing was a problem or any other challenges encountered? Molly Rawn: We piloted this on August 27, 2020. I don't have a head count for you, but Devin might. These are outdoor events. As part of the social distancing, we did not have any registration or check -in because it is a free open event and would make it difficult to count. We had signage indicating that masks were required. We made sure that staff was there. We hired contract labor to be able to keep tables sanitized and to walk around reminding people to stay masked. Most everyone did an excellent job in maintaining social distance. We definitely pushed that as part of the marketing of it. Devin Howland: The execution of that event was not me, it was Mary McGetrick. She put a lot of work into that. I would say we had over 100 people at the event. It was spaced out down Block Street, which was an elongated event. That's kind of something we are seeing with the outdoor refreshment area. We've had a few events take place. While there may be a specific event area, the nature of that ordinance allows people to spread out throughout the district. Another thing observed that night and continue to observe in our downtown and Block Street is the businesses being ambassadors in driving the social distancing. They take this extremely seriously. Mary McGetrick, Long Range Planner: We had signs encouraging small groups less than 10. There were about a 100 people there. It was a flowing event. We didn't have a lot of people congregating. We had city staff and Experience Fayetteville staff there the entire event to monitor, along with the business owners. We encouraged people to keep their masks on when not eating or drinking. We did our best to meet the Health Department guidelines and make sure people were being responsible while having fun. Council Member Turk: That is really good to hear. Do you anticipate with the four new events to have about the same number of people? Do you anticipate it being a larger crowd and having adequate staffing to encourage social distancing and mask wearing? Molly Rawn: One of the reasons we are seeking funding for this is so that we can make sure we have paid staff there and not fully relying on volunteers. This is a pilot and is something we need the business to embrace and adopt. We can go a long way towards making this a success, but we also need support from the businesses in these areas. It won't work if they aren't bought in. Every business we have talked to is excited and is eager for this to move forward. The funding is key because volunteers are great and wonderful, but when you have paid staff that can make sure these events are done well, it will go a lot further. We want to make it safe. One of the reasons we are trying different days of the week is because we want to see what works. There are two goals and they can both be achieved. One is how do we thin out the crowd on the busy times to give them a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 4 of 28 safe place to go so they aren't crammed into businesses. Second, on these days that are dead days where businesses downtown are dark, how do we draw people out in a safe way. Mayor Jordan: I appreciate all the work everybody has done on it. Paul, please address the funding. Paul Becker, Chief Financial Officer: This should be eligible for the CARES Act reimbursement. We have to file for the reimbursement. I feel confident that we should be reimbursed for this, which is what the Budget Adjustment indicates. Mayor Jordan: That was one of the first things I checked with Paul about to see if the CARES Act funding would cover that. Thank you, Paul. Council Member Bunch: This is a fantastic idea. Thank you to everyone at the city for working on this, especially to Council Member Petty for walking it on today. The sooner we can get this done, the better. Council Member Petty thanked staff. He stated walking this on was the only thing he had to do with this. He stated this was done by staff at the city and the A&P. He expressed his gratitude. Council Member Gutierrez stated she was able to attend the event and found it to be successful. She stated people were following the rules and it helped quite a few businesses on Block Street. She stated it created a nice opportunity for people to get out of their houses and feel safe in an outdoor place. She stated it is a great idea. Council Member Marsh moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 252-20 as recorded in the office of the City Clerk Consent: Approval of the September 29, 2020 Special City Council meeting minutes and the October 6, 2020 City Council Meeting Minutes. Approved Animal Services Donation Revenue: A resolution to approve a budget adjustment in the amount of $22,238.00 representing donation revenue to Animal Services. Resolution 253-20 as recorded in the office of the City Clerk Bid #20-50 Paladino Painting Co., LLC: A resolution to award Bid #20-50 and authorize a contract with Paladino Painting Company, LLC in the amount of $147,160.00 for construction 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 5 of 28 related to the rehabilitation of four concrete clarifier troughs at the Noland Water Resource Recovery Facility. Resolution 254-20as recorded in the office of the City Clerk Beaver Water District: A resolution to approve a budget adjustment in the amount of $400,000.00 in the purchased water account due to increased water usage. Resolution 255-20 as recorded in the office of the City Clerk Bid #20-68 Food Loops, LLC: A resolution to award Bid #20-68 and authorize a contract with Food Loops, LLC for a term of one year with automatic renewals for up to four additional one year terms to supply compostable cups for use in the outdoor refreshment area in various sizes, quantities and amounts on an as needed basis. Resolution 256-20 as recorded in the office of the City Clerk Lake Fayetteville Boat & Bike Rental, LLC: A resolution to approve the Lake Fayetteville Boat Dock Operator contract with Lake Fayetteville Boat & Bike Rental, LLC in the amount of $50,900.00 for services in 2021, with automatic renewals for up to four additional one year terms. Resolution 257-20 as recorded in the office of the City Clerk Bid #20-58 Austin King, Inc. d/b/a King Electrical Contractors: A resolution to award Bid #20-58 and authorize a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for a term of one year with an automatic renewal for up to four additional one year terms. Resolution 258-20 as recorded in the office of the City Clerk Bid # 20-63 Bulk Crushed Rock Salt: A resolution to award Bid #20-63 and authorize the purchase of bulk crushed rock salt from Kansas Salt, LLC for $80.00 per ton for materials picked up and $93.12 per ton for materials delivered as needed, and to authorize the use of Central Salt, LLC as a secondary supplier. Resolution 259-20 as recorded in the office of the City Clerk Convergint Technologies Network Conduit and Cabling: A resolution to authorize a contract with Convergint Technologies for the purchase and installation of network conduit and cabling to connect City Hall to the Town Center in the amount of $50,996.50, pursuant to a Sourcewell Cooperative purchasing contract, and to approve a project contingency in the amount of $5,000.00. Resolution 260-20 as recorded in the office of the City Clerk Convergint Technologies - Security Equipment, Systems, Services, and Supplies: A resolution to authorize the purchase of facility security equipment, systems, services, and supplies from 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 6 of 28 Convergint Technologies, pursuant to a Sourcewell Cooperative Purchasing contract, on an as - needed basis through June 30, 2021, and any future renewal periods. Resolution 261-20 as recorded in the office of the City Clerk Jordan Disposal, LLC: A resolution to approve an agreement with Jordan Disposal, LLC for the hauling of solid waste in the City of Fayetteville. Resolution 262-20 as recorded in the office of the City Clerk Bid #20-69 Terra Firma Holdings, LLC d/b/a T.F. Thompson Co. Roofing: A resolution to award Bid #20-69 and authorize a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $46,200.00 for replacement of the Garland Avenue Head Start building roof, and to approve a project contingency in the amount of $6,900.00. Resolution 263-20 as recorded in the office of the City Clerk Amend the 2019 Community Development Block Grant (CDBG) Action Plan: A resolution to amend the 2019 Community Development Block Grant (CDBG) action plan to reflect CARES Act supplemental funding in the amount of $556,197.00, to authorize Mayor Jordan to execute the amendment when received, and to approve a budget adjustment. Resolution 264-20 as recorded in the office of the City Clerk Boston Mountain Solid Waste District: A resolution to approve a contract with the Boston Mountain Solid Waste District for environmental education and outreach services in the amount of $60,935.00 for years 1 and 2 and $25,000.00 for years 3 through 5. Resolution 265-20 as recorded in the office of the City Clerk 2020 JAG Local Solicitation Award: A resolution to authorize acceptance of a 2020 Justice Assistance Grant in the total amount of $49,439.00 which will be used to purchase law enforcement training and equipment for the Fayetteville Police Department and the Washington County Sheriff's office, and to approve a budget adjustment. Resolution 266-20 as recorded in the office of the City Clerk 2021 Selective Traffic Enforcement Program Grant: A resolution to authorize acceptance of a 2021 Selective Traffic Enforcement Program grant in the amount of $99,400.00, and to approve a budget adjustment. Resolution 267-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 7 of 28 Unfinished Business: RZN-2020-000006 (1278 W. Hendrix St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 20-000006 located at 1278 West Hendrix Street for approximately 0.50 acres from RSF-8, Residential Single Family, 8 units per acre to RSF-18, Residential Single Family, 18 units per acre. At the October 6, 2020 City Council meeting this ordinance was left on the first reading. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he had no further information on the item. Mayor Jordan: Do we have an applicant? Garner Stoll: I have left a message for the applicant Monday and today. I have not talked to him, but his name is Bill Fugitt. Bill Fugitt, Applicant: The bulk of this street has recently been rezoned to RSF-18, which is what I'm asking for. Originally, when I attempted to rezone this property RI-12 last year, there was some public opposition towards that. I don't believe there has been any opposition to RSF-18. This is in line with the city's objective to create affordable housing and urban infill. Council Member Turk: The other applicant, Mr. Marks, got the rezoning done in the other area of Hendrix Street. He reached out and spoke with the neighbors to try and come to some kind of agreement that worked for all parties. Have you done something similar? Have you talked to the neighbors that have concerns? Bill Fugitt: I talked to all the neighbors who came to the original meeting. I talked to them about my proposed use. My proposed use is essentially the same as Mr. Marks and definitely the same zoning. I haven't spoken to anyone since the last meeting. Council Member Turk: From that meeting were you able to garner their support or resolve any kind of concerns they had? Bill Fugitt: Yes. My understanding is they are in support of RSF-18 zoning. The only opposition I was aware of, was to RI-12 and RI-U. They supported Mr. Marks RSF-18 zoning, which is my request. Council Member Gutierrez: We visited this property about a year and a half ago. The property was incredibly wet from water that had drained in the area. It is also very low. How are you addressing that? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 8 of 28 Bill Fugitt: Right now, I haven't done anything to the property. If it's developed, some sort of soil remediation will have to be done and stormwater drainage will be addressed. Garner Stoll: This is limited to single family. Currently, single family is not subject to our stormwater retention and quality water requirements. The building permit process does work on making sure the drainage goes to the street. Council Member Marsh stated she recently attended a meeting about housing trends in Northwest Arkansas and unlike other communities in our region, housing prices in Fayetteville are starting to stabilize at much more affordable rates. She stated it is attributed to the allowance of increased zoning and smaller housing. She stated this is another opportunity to continue with that trend and create more opportunities for attainable housing that are within a quarter of a mile of our largest employer. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion: I am going to stand by my previous votes because in this specific property it's very low and the water from the neighboring properties run directly onto it. There could be some engineering to help with that and I'm sure there will be if it's developed, but at the same time, the water has to go somewhere, and this area is more prone to flooding. This is according to the neighbors that live there. I don't know why we aren't hearing from the neighbors. I do not support this. Council Member Turk: That street is extremely narrow, and Mr. Marks provided a Bill of Assurance. He worked directly and quite frequently with the neighbors to come to an agreement. We have had one letter that was against this and was recently submitted. Even though we haven't received any more than that one letter, I've heard quite a bit of rumbling that the neighbors are not supportive of this. There are drainage issues and unfortunately our code right now does not require any drainage other than what Garner mentioned about drainage review for single family homes or duplexes. I will not be supporting this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Gutierrez, Kinion, and Turk voting no. Ordinance 6367 as Recorded in the office of the City Clerk Amend §130.01 Adoption of State Criminal Code: An ordinance to Amend § 130.01 Adoption of State Criminal Code of the Fayetteville Code to include a hate crime component within City Prosecutions of certain state criminal misdemeanors. At the October 6, 2020 City Council meeting this ordinance was left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 9 of 28 Council Member Turk moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: As we discussed a couple of weeks ago, this ordinance is very modest. This would only apply to misdemeanor charges because we are restricted by state law. This would allow, if the Prosecutor wanted to and if the crime was really egregious, and he or she determined there was a hate component associated with it, they could prosecute that offense using this ordinance. We should send a strong message we don't tolerate this kind of activity and behavior. We tout ourselves as an inclusive and welcoming city. Arkansas is only one of three states that currently does not have a state hate crime law. The others are South Carolina and Wyoming. There's been discussion at the state level, but we've seen that things can happen at the state level where they are not able to follow through and don't have the votes. It seems like we should do as much as we can here locally to dissuade people from engaging in that kind of hateful behavior. We've had several recent examples that have happened and it's time we enacted something like this. Little Rock has already gone ahead and done a similar ordinance. I know there are other cities that are looking at similar ordinances to pass. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6368 as Recorded in the office of the City Clerk New Business: 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. Council Member Scroggin: About a year ago, I wanted to start looking at applying an ordinance and to define some habitability standards in Fayetteville. About the time that happened, COVID hit. This got pushed back and then other issues have kind of pushed back doing an ordinance. I'm ready to move forward on getting it out there that Fayetteville would like landlords to do a better job of supplying habitability to the rentals and also to allow staff to go ahead and do research. If 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 10 of 28 you look around, there are definitely some places that aren't really habitable. Fayetteville is almost half renters and we really need to protect our residents. Council Member Turk: I'd like to thank Council Member Scroggin for bringing this forward. Arkansas is one of the few states, maybe the only state that does not have habitability standards for renters. This is long overdue. I appreciate his leadership in bringing this issue to the Council. Council Member Scroggin: Thank you. Council Member Marsh: Will this address mold issues? A frequently occurring problem in rental properties in Fayetteville is the presence of black mold and poor air quality. Will that be touched on here? Council Member Scroggin: Currently it's encouraging. I do have kind of a list we wanted to put in the ordinance. I haven't brought that forward today, but when we hopefully can bring forward an ordinance, we'll actually look at things that do have teeth. Obviously, landlords are encouraged in making sure your rental isn't slowly killing your tenants, which should definitely fall under the category of something we are encouraged to not have happen. I look forward to bringing forward an ordinance, but right now, this is what I think would get that ball rolling. Council Member Smith: A couple of weeks ago, the Board of Realtors asked me about this exact issue. I got the sense they were not a fan of any sort of regulation on rental properties at all. My initial answer to them was that I didn't really know if this was in our jurisdiction or not, but if it seemed like it was, I was definitely interested in being part of the conversation. I appreciate Council Member Scroggin for bringing this up a little earlier than I expected. This clearly is within our power to do as a resolution, but I hope we will see something more substantial in the future. Habitability standards aren't just about aesthetics or comfort, they are about health and safety. They're also about long term preservation of property values and maintaining the housing stock in our neighborhood is better for everybody around it. A lot of folks don't understand why we would need this. It seems reasonable you wouldn't go live in a place that has black mold or bedrooms without windows, but we don't always know what place in life folks are at. Sometimes when you are in a hard place, you take what you can get. We owe it to our community to make sure that whatever they can get is safe. I hope we will move swiftly on this topic and focus on the core safety issues when we get there. Council Member Gutierrez: I've been a renter in Fayetteville for about 30 years minus a few where I was studying abroad. We really need this with having experienced the rental situation in Fayetteville. Something like this would have been really helpful for me as a renter and I think it's in the right direction. Safe and healthy people mean a great economy for Fayetteville. When people feel taken care of and feel their basic needs are met, they can better participate in the community and make sure Fayetteville continues to succeed. I'll definitely be supporting this. Council Member Marsh: I spent a long time renting in Fayetteville. I've lived in houses with sewage dripping out of the walls and holes in the walls. The other thing we need to be looking at is energy use and requiring some sort of energy use disclosure on rental properties. A lot of times people choose a property because the rent is lower, but once they sign a lease and move in, they 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 11 of 28 find that the utility bills are exorbitant because there's no insulation and there are holes in the wall. This has a detrimental effect on our health, our economy and our environment. I hope we will help people make informed decisions about when they're renting and hold landlords accountable to delivering safe habitable properties. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Resolution 268-20 as recorded in the office of the City Clerk RZN-2020-005 (660 W. Whillock St./Mistretta): An ordinance to rezone that property described in rezoning petition RZN 20-005 located at 660 West Whillock Street for approximately 0.80 acres from RSF-4, Residential Single Family, 4 units per acre to RMF-12, Residential Multi Family, 12 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This request is located east of College on Whillock Street. It is about a block south of the entrance to Fulbright Expressway. The parcel is surrounded by RSF-4 zoning. The depth of the commercial zoning extends almost to the parcel. Council will recall that in 2017, there was a request for similar zoning for the church immediately to the west, which was approved by Council. Issues that staff and Planning Commission looked at are the streets, which are very narrow. It's 18 feet wide. It has a bar ditch drainage and it is about a quarter of a mile of dead end street that ends, kind of going up. There are scattered houses on the existing street and a portion of this lot starts intruding into the Hillside Hilltop Overlay District. Planning Commission recommends approval of the request. They cited the need for housing and the convenient access to both school and the entrance to Fulbright Expressway which gives access points north. Staff debated this request extensively and we felt it was a close call, but our recommendation was based on the fact the infrastructure for this configuration of lot fronting on to a very narrow street and also the fact we're starting up the steep Hillside Hilltop Overlay District is in excess of 15%. A line will need to be drawn, in terms of intense entitlements as we get into the steep part of that hill. That was the reason we recommended denial. Joseph Mistretta, 660 West Whillock: I reside at the property. I think the concern was that the street was narrow for the Fire Department and any problems with emergency calls. It's not that far from College and they could back down into College, if they have too. I do have a turnaround there that's pretty wide at about 20 feet and they could turn around there. The City Council back in 2017 approved the property, just to the west. They changed it to RI-12, so this isn't much different than that zoning change. Council Member Petty: Garner, you said this was debated pretty heavily amongst staff. You mentioned two things, the Hillside Hilltop Overlay District and also infrastructure. I'm reading the packet and there's a letter from the Fire Department, which says they have no issues whatsoever 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 12 of 28 with the request or the infrastructure that's present. 18 feet seems wide enough for two passenger cars to pass or the occasional delivery vehicle to navigate the street, especially given it's not a through street or a dead end street. Could you be more specific about the infrastructure concerns. Garner Stoll: What I was referring to was that we're starting to put intense zoning on the Hillside Hilltop Overlay District, which is only mapped when there's a slope of in excess of 15%. We were concerned if we can sustain that and where is that line drawn. Does it continue on this narrow street, lot by lot? I understand the Fire Department could get to this particular lot, but the depths of the C-2 commercial zoning ends before this lot, which was kind of a rationale for the RI-12 in 2017. So, it's drawing a line. In the final analysis that's Councils call what you're comfortable with. I'm just telling you we feel that we wouldn't recommend zoning the Hillside Hilltop Overlay District into the intense zones. That's not the concept in the 2040 Plan. Council Member Petty: I don't perceive 12 units of strictly residential property to be exceedingly intense. That seems pretty middle of the road to me, especially considering the more stringent requirements we have in Hillside Hilltop Overlay developments. With respect to tree preservation, I believe there's a separate standard for Hillside Hilltop Overlay Districts and there might be a couple other separate standards. It seems clear the infrastructure is sufficient. It seems like that has been lumped in with other reasons, but perhaps should not have been included. With respect to the Hillside Overlay District, I'm wondering if staff feels the regulations we have for the Hillside Hilltop Overlay District today are insufficient? Garner Stoll: The Hillside Hilltop Overlay requirements actually cut both ways. There are additional requirements like tree preservation and then there are other requirements that allow narrower streets. So, a lighter touch in terms of infrastructure and sidewalks only on one side rather than two sides. A good zoning policy should not just look at one lot but should look at all the parcels that are in similar locations and whether that's sustainable to zone those more intensely. Council Member Petty: I think I understand what the decision is for myself. I guess it's coming back to a question we've begun to talk about in a couple of prior meetings, which is, how assertive do we want to be in establishing these growth centers. Council Member Marsh: In the past I've received a lot of feedback about the poor water infrastructure on Skelton Street. I'm wondering if Whillock Street is in a similar state of distress from a water, sewer, solid waste perspective. Does anyone know? Susan Norton, Chief of Staff. Tim Nyander is not on the call tonight. He didn't have any items. Council Member Kinion, do you have a comment? Council Member Kinion: When we were doing the 20 year long term plan, this was mentioned in this area of town to be one of the issues that would be handled. I don't know off the top of my head how far along that is or where we have it in our long term plan. I know it was evident and we talked about it. Council Member Marsh, you were on the committee, I think. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 13 of 28 Council Member Marsh: Yeah, that's why I remember it. I'm wondering if this is an opportunity to get a developer to pay for a significant portion of the cost of upgrading the water and sewer infrastructure in that area. If so, that does make a compelling case for considering an up -zone. Council Member Gutierrez: Garner, you mentioned something about a 15 degree slope and kind of that informing the decision staff has made. Can you expound on that? Garner Stoll: The Hillside Hilltop Overlay District is mapped when our hillsides are in excess of 15 degrees slope. If a mountain top, the flat part of a mountain is completely surrounded by 15 degrees or greater slope, it's also subject to being mapped as the Hillside Hilltop Overlay District. Council Member Gutierrez: Thank you. Council Member Marsh: Garner, am I reading the exhibit right that the south east corner of the property is actually in the Hillside Hilltop District? It just looks like it's a very small slice. Garner Stoll: Yes, that is correct, but the entire parcel across the street is in the much steeper part. It really starts ascending to the south. The slope is south to north. The question here is, if you zone this, then what do you do with the parcel across street? Council Member Marsh: Looking at the satellite imagery, it appears over 50% of the site is already impervious surface area, including that area that's in the Hillside Hilltop protection area. If it's already impervious surface area, how much worse could it get? Garner Stoll: I'm not pretending that's a definitive criteria. I'm saying, it's part of our thinking. You're correct, it did have a house on it. Council Member Marsh: Yes, it has an existing structure in very poor condition and a lot of impervious surface area already. Council Member Turk: I'm somewhat familiar with this area. I'm wondering if it wouldn't be helpful if the Council took a tour because that street is extremely narrow. Maybe I'm missing something here, but all I see on this property from the image is the house. I don't really see much impervious surface, so maybe I'm on the wrong spot, but it looks like there's only a house in a small kind of driveway area. Council Member Marsh: You have to look at the satellite imagery on Google Earth to see it. I was there the other day and that's how I know. I was looking at another property next door. Council Member Turk: Okay, thanks. I think it would be helpful if we took a tour. I haven't been there in six months or so. Council Member Gutierrez: I would support a tour. No one from the public spoke. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 14 of 28 Mayor Jordan: Council, do you want to hold it here or have a tour? Council Member Turk: I would like to hold it here, have a tour, and revisit it in two weeks. Council Member Gutierrez: I would like to do that as well. Mayor Jordan: Okay, we'll hold it right here and come back in two weeks. This ordinance was left on the First Reading. RZN 2020-008 (1038 S. Hollywood Ave./Phillips): An ordinance to rezone that property described in rezoning petition RZN 20-008 located at 1038 South Hollywood Avenue for approximately 0.58 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This parcel is located on Hollywood Avenue at Best Way Street. It's located in an area that is rapidly developing primarily for student housing. There is a large parking lot that the university has, immediately to the east. It has immediate trail access and it has transit service. The adjacent zoning is Community Services on two sides. It's designated Urban Center area, which is intended for dense mixed use development where existing infrastructure is present. It has a relatively high infield score of eight and transit service primarily to campus is available. No issues were identified, and no public comments were received. Planning Commission and staff recommend approval. Payne Phillips, Applicant stated he was available to answer any questions. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh: I'm really excited to see this come before us. We really need some trail oriented development and services in this area. It's a very popular segment of the trail. I look forward to seeing what happens with the property. I'm in support. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 15 of 28 Ordinance 6369 as Recorded in the office of the City Clerk RZN 2020-010: (257 E. Township St./ERC Holdings): An ordinance to rezone that property described in rezoning petition RZN 20-010 located at 257 East Township Street for approximately 1.40 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This parcel is located west of College, south of Township. It is hard surface almost of the entire lot from a former parking lot and buildings. It is surrounded by C-2 commercial zoning. The requested zoning is similar to C-2, except it has a build to line, rather than a setback and it allows mixed use in the form of residential development. Adopted plans is designated a city neighborhood area. Infield score is high at 7 to 10. It's part of the 71-13 Corridor Plan. The market study done for that plan had modest prospects for additional retail service and office, but felt it was right for residential development which this would allow. Since then, we've experienced the pandemic and I think the outlook for non-residential development in Fayetteville is probably even less potential than it was then. No issues were identified. The Planning Commission and staff recommend approval. Tom Hennelly, Applicant's Representative: We are representing ERC on this rezoning. I think the Planning Commission was enthusiastic about this rezoning more so than any other I've ever brought through. The intent of the rezoning is specifically to bring a residential component to this part of Township, which I think the commercial businesses in the area would appreciate. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Bunch, and Smith voting yes. Council Member Turk was absent during the vote. Ordinance 6370 as Recorded in the office of the City Clerk VAC-2020-003 (SE of Razorback Rd. & 15th St./Titan RBR Properties): An ordinance to approve VAC 20-003 for property located southeast of Razorback Road and 15th Street to vacate a portion of a water and sewer easement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 16 of 28 City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: There's a residential project under construction on this narrow strip of land between the railroad track and Razorback. They have relocated the waterline to parallel Razorback Road. This part of the former easement is no longer needed. The Planning Commission and staff recommend approval. Council Member Marsh: It looks like they've already poured slabs on this. Are they already building on top of this easement or is that just slightly to the side of it? Garner Stoll: I believe Andy Hooper is online representing the applicant He might be able to answer that question. Andy Hooper, Bates & Associates: I haven't made any new official job site visits. I have just been working on vacating the easement. I'm more on the survey side of the department. I know they have started to do dirt work out there, as far as my knowledge. Council Member Marsh: There are slabs already poured and plumbing roughed out. I suspect they're building on top of it, which I guess expedites the urgency with which we need to deal with it. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6371 as Recorded in the office of the City Clerk ADM 2020-006 (Lots 21, 71, 74, 167, & 286 Park Meadows Sd./Park Meadows Sd): A resolution pursuant to § 166.04(B)(2) of the Fayetteville Unified Development Code to approve the applicant's request to not dedicate additional right of way for five lot splits in Park Meadows Subdivision Phases I and II. Garner Stoll, Development Services Director: This is an administrative item and is a very simple request, although it is associated with complicated issues. This was platted when our street right away width was 50 feet, and now it's 52 feet due to the increased width of the sidewalks that we 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 17 of 28 now require. The parcels that are in question were all platted as unbuildable lots because they were mapped in the floodplain and were undergoing a remapping process, which has now been accomplished. They are now asking to use the administrative process of lot splits. All these lots are very similar to the other lots in Park Meadows under the same neighborhood conservation zoning. They're primarily 50 feet wide. They are going through the administrative process, but since it hadn't been platted, they're not subject to the wider right away, which doesn't make any sense, since the rest of the streets and sidewalks are all built. Lesser dedication, which is one foot less right away. The Planning Commission and staff recommend approval. Taylor Lindley, Craft & Tull: We submitted a request to FEMA to remap the floodplain through this property. All of these lots were affected by that floodplain initially. All the improvements have been done, approved and will become effective this December. This will allow these lots to be platted and not be in the floodplain any longer. There is the issue with the new requirement for additional right of away when we split these lots. Hopefully, it is a simple request. Council Member Turk: Right now, the sidewalks are built and those were built with the previous code, not the 52 foot right away, but the 50 foot right away. Is that correct? Garner Stoll: The adjacent sidewalks have. Yes, the adjacent sidewalks are built to the previous code. What the applicant is seeking and what staff thinks makes sense, is continuity. Council Member Turk: Thank you for that clarification. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 269-20 as recorded in the office of the City Clerk CUP 2020-003 Cluster Housing Appeal: A resolution to approve Conditional Use Permit CUP 2020-003 for a cluster housing development and limited business with associated parking at 1629 North Crossover Road. Mayor Jordan: What you have in your packet has been replaced with this resolution. It says a resolution to grant the appeal of Council Members Bunch, Turk and Kinion and deny the Conditional Use Permit, CUP 2020-003 for a cluster housing development and limited business with associated parking at 1629 North Crossover Road. City Attorney Kit Williams: Mayor, that's how the resolution should be worded. I sent out a memo this afternoon. In the memo, I explained the burden of persuasion normally rests upon an applicant seeking development approval. However, if the applicant has received Planning Commission's approval for land development, including approval of the Conditional Use Permit, which is then appealed to the City Council, those who have appealed the Planning Commission's approval must have the majority support of the City Council to win their appeal and deny the Conditional Use Permit. Therefore, I ask the Council to amend the currently proposed resolution 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 18 of 28 to the one the Mayor just read the title of, which would be granting the appeal, rather than approving the Conditional Use Permit. I attached that to my memo, so you have seen it. City Attorney Kit Williams read the resolution. City Attorney Kit Williams: Since we submitted the resolution, which is not really correct because it put the burden on the applicant and he already won at the Planning Commission level, I request that you amend the resolution to what the Mayor and I just read and what I supplied to you this afternoon. Council Member Bunch: If we amend the resolution, since you've already read everything, do I have to phrase it that way? Can I say to amend the resolution to what you have described? City Attorney Kit Williams: Yes, you can do that. Council Member Bunch made a motion to amend what City Attorney Kit Williams read and described. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: I'd like to advise the Council that at this point they have three options. You can vote against and defeat the resolution. This would affirm the Planning Commission's decision to grant a Conditional Use Permit. You can vote for and pass the resolution, which would grant the appeal and either invalidate the Conditional Use Permit or pass an amended Conditional Use Permit with changed conditions. Mayor Jordan: Kit, they can vote against the resolution you just read, correct? City Attorney Kit Williams: Yes. They can turn down the resolution and the Conditional Use will be sustained, affirmed and will still be in effect. Mayor Jordan: Or they can vote for it or they can change it to whatever they want to by the majority vote. Garner Stoll, Development Services Director: This 1.8-acre parcel is completely vacant with the exception of a historic house. It's located on the west side of Crossover. It is surrounded by homes backing onto this parcel, both north and south. To the west, there is a swimming pool, clubhouse, and a tennis court. The ordinance requires for the Conditional Use Permit to show you meet the requirements of the ordinance. There are specific requirements in order to get a Conditional Use Permit for cluster housing. There has to be 250 feet of private open space, 500 square feet of public open space per unit, and the architecture has to be varied. This is not a development approval, but it is an illustration. It's a conceptual plan that shows how the applicant plans to meet the conditions of the cluster housing ordinance. The open space is met in the middle through a recreational space area and the private open spaces adjacent to the 10 units. The historic house is proposed to be maintained, which was built in 1876 and is on the National Register, with the exception of the slightly deteriorated porch, but the rest of the house is proposed to be maintained. The architecture with conceptual elevations shows variety in order to meet the requirements of the cluster housing 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 19 of 28 ordinance. These homes are from 1,100 square feet to about 1,600 square feet. They are small homes. It has a common parking arrangement. It has car ports on the south side of the site plan and a common parking area to serve the remaining of the homes and the proposed commercial development. It proposes to allow 10 residential units and use unit 12 (A), which is a very restrictive commercial use in the historic building in a new building facing Crossover. The issues we looked at were compatibility, public/private access, shared parking and the screening to buffer from the adjacent homes. The Planning Commission approved the Conditional Use Permit with the 12 staff recommended conditions and then the added three additional conditions. The dwellings shall be subject to the exterior lighting standards. The preservation of the Peter Smith house is required. Screening shall also be provided. Some of the public input was that there's a need for screening and in this case it's both a fence and vegetation. Screening should be provided on the west edge of the property and not just the north and south. The Council's reasons for the appeal was whether there's a possibility of adverse effect of public interest, save ingress and egress off- street parking and loading, service areas, screening and buffering, and accountability of adjacent property. These are part of the ordinance requirements for Conditional Use Permits. When we did our recommendations to the Planning Commission and since Council specifically brought these back into attention, we again, looked at these requirements and we feel these issues have all been substantially addressed. Richie Lamb, Applicant: I'm here with Baxter Smith. I started working on this project in March of 2018 and we organized a meeting with the Boardwalk POA, which was held at their clubhouse adjacent to our property on April 9, 2018. There was at least 35 members of the Boardwalk community who came to visit with us. It did not turn out to be the kind of meeting we all hoped for. We thought the neighborhood would be thrilled to hear that they could get one of our local favorite restaurants within walking distance of their neighborhood. There were some really negative comments and in hindsight, we probably should have not spoken to them anymore after that first meeting and we decided to keep working with them. At that time, we had a plan for a request of rezoning to Community Services, which would allow for the pizza restaurant. After that meeting and more discussions with the Planning staff, we changed that request to Neighborhood Services General. I presented that to the Planning Commission on April 23, 2018. We got a lot of feedback from the community and the Commissioners that night. Ultimately that request was denied. That was the starting point for when this plan started to come together. We brought all that information back to the Planning Commission in the form of a concept plat on May 29, 2018. Again, we heard from the community and we heard from the Commissioners and we were assured that night we were on the right track with this plan. We took a few months to analyze all the data and we met with the Boardwalk POA again on November 19, 2018 and at that time they had formed a liaison committee, which the purpose was to communicate with our team, and we continued meeting with their committee on several occasions. We met with them on January 10, 2019, October 8, 2019 and March 2, 2020. On June 15, 2020 we received an email from them, stating they were not interested in any concept, other than the 2,250 square foot plus estate homes that complied with the Boardwalk covenants. We decided that wasn't what the market would bear. It wasn't what the community was asking for. That wasn't what we wanted to build, and it didn't follow any of the feedback we had received from the Planning Commission. It went against the City Plan 2040 and against future land use plans. We finally had to part ways with them. We took all the information that was available to us and developed the concept you see tonight. It is 10 single family homes. They range from 1,100 up to almost 1,700 square feet. They are going to be 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 20 of 28 much more affordable than the large estate type homes that you're going to see in Boardwalk. They are two stories, which is typical of the area. We made sure we had the master bedroom and bathroom down on the ground floor. It's going to work good for people of all different abilities. We've got our own clubhouse and swimming pool. People aren't going to feel like they need to go over to the Boardwalk amenities, which was one of their major concerns. We have plans for mixed use spaces along the frontage, which provides a buffer from the highway and a place for some small businesses. Our plan allows for the adaptive reuse of the historic Peter Smith house. The type of care and maintenance that property merits will become feasible once we have provided a long term useful life for that structure. This plan was overwhelmingly accepted and approved by the Planning Commission in September. We concur with Garner's assessment of the Planning Commission's decision. Please do not overturn the Planning Commission's approval of this project. Council Member Turk: Thank you for incorporating the historic Smith house. I wonder what kind of shape it is in and if you're planning it for adaptive reuse? Does a considerable amount of money have to be invested to get it up to code or standard where it could be a commercial property and who would be making that investment if it's in disrepair? Richie Lamb: The home is very much in disrepair. Under the shed room portions will need to be removed. It doesn't follow along with the historic nature of the property. We do expect that a significant investment will need to be made into that property in order to receive an occupancy permit from the city. We will have to apply for building permits. It is critical that we have the limited business use approved for that property. It is not sustainable as a single family home and that's how it ended up in the condition that it's in right now. Council Member Turk: Exactly. It could just remain the way it is. That's my concern that nobody will take it on to be able to maintain it or restore it to where it doesn't just disintegrate and degrade. Richie Lamb stated in talking about the house, one thing he hoped that would be in the staff report, but was not, was a letter from Preserve Arkansas. He read the letter to the Council, which Preserve Arkansas supports the proposed Conditional Use Permit for this property. The letter read that the current proposal provides a compatible plan for the Smith house reuse as a commercial property given its location on a major thoroughfare. He stated there is one item of correction that he discussed with staff earlier today, which is that it does state in the letter that if the property were to transfer to another developer, that the preservation allowance would go away and that's not correct. He stated once the Conditional Use Permit is enacted through the request of the building permit, that would then preserve it forever and it wouldn't matter if it got sold to another developer. He asked Garner Stoll if that was correct. Garner Stoll: Yes, sir. It goes with the use permit. It is a condition of the use permit. This Conditional Use Permit expires in a year. There's nothing that requires the developer to build the 10 units, but if they're built, the house has to be preserved and it stays with the land, not the owner. Mayor Jordan: If this does not happen, then that historic building could be torn down or not preserved? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 21 of 28 Garner Stoll: It's on the National Register, but the National Register does not require preservation. It provides some tax credits and it has some incentives. It provides recognition and tax credit, but not preservation. Mayor Jordan: Thank you. Garner Stoll: If we had a local landmark, which we've been diligently trying to work on, it could require preservation. Council Member Turk: Garner, if the CUP is passed tonight and it expires in one year and those 10 houses are not built, then all the protections for the Smith house would go away. Is that accurate? Garner Stoll: It gives the applicant a year to start or get an extension. Council Member Turk: If they don't start in a year or get an extension then the CUP goes away and it reverts back to an RSF-4 with no conditional use. Is that right? Garner Stoll: That is correct. Council Member Scroggin: What is going to make them not change their mind about upgrading that building? Would we deny certificates of occupancy for the buildings if they haven't started on rehabbing the old building, but had finished building the 10 units? What can the city do to guarantee the building gets rehab instead of them building 10 buildings and getting their certificate of occupancy? Garner Stoll: They can't do that. City Attorney Kit Williams: Council Member Scroggin, you sat with the Planning Commission yourself, as well as Council Member Bunch. Occasionally a Conditional Use Permit is brought back to be revoked because the person hasn't been doing the right thing in following the conditions required by the Planning Commission. If that happened and the condition would be revoked, then nothing could happen on that land in pursuant to the authority that this Conditional Use Permit allowed. Construction would be stopped, and the certificate would not be granted. The city would have to ensure the conditions that had been approved by the Planning Commission and possibly later approved here or at least having a conditional use continued, that those conditions will be followed. If they're not followed, then the entire development that's based upon them would be stopped. Certainly, no one would want that, especially not a developer. If there is a failure, the city has very strong remedies to stop the development, if in fact the historic building is not being taken care of properly, being remodeled, and put back into proper shape so that it could be rented. There are strong measures the city has and I'm sure we would do that. We enforce our Conditional Use Permits. Council Member Scroggin: Thank you. I wanted the denial of occupancy or certificate of occupancy on the record. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 22 of 28 Duncan Johnson, 2732 East Londonderry Drive: I live in that community and we have profusely as a community gone against this infill. This neighborhood was derived 26 years ago, and I understand you want to do infill, but this will hurt our lake and light. Turning left out of Londonderry or Meandering Way is one of the worst left turns. I ask that this not be put in place. Wiley Hood, 1643 North Arthur's Court: We've been here several years, and we bought into this neighborhood for many reasons. We don't feel that this building project is going to match our neighborhood. Rezoning the property will hurt us in many ways. It's going to negatively impact the value of our homes. Crossover is a major artery north to south on the east side and it's very difficult to get in and out. Adding another group of traffic is going to make it even worse. It will bring things such as dumpsters and commercial properties to our neighborhood, which we don't want. The development doesn't match our neighborhood. We ask that you preserve our neighborhood and not allow this to go forward. Matthew Robinson, 2654 East Meandering Way: Where this entrance is proposed is directly across from Inwood. It's a couple hundred feet down from Meandering Way and Boardwalk. Turning left across Crossover from there is already a nightmare with traffic. With that commercial development they're wanting to do on the front side of that is increasing the traffic. I'm concerned about the drainage this will create into our pond. The pond the POA owns is part of Fayetteville's city drainage plan. Previous developments have put lots of sediment into the pond and we're having to take care of it. We are also concerned about the effect this development will have on our POA amenities. When people moved into these homes in our subdivision, they didn't intend to have a road in their backyard. The commercial space really concerns me. Cathleen Hood, 1643 North Arthur's Court: Everything that's been said, I second it. This is a residential neighborhood. The thought of having a commercial property in the middle of residential homes doesn't make any sense. There are children on our streets where this development is going in. It's a major safety issue for our neighborhood. There are so many wrecks right outside of our neighborhood. I have not been able to do the research, but I would love to know how many wrecks have happened there in the last three years. Our neighborhood pool and our green space is right behind where they're talking about developing the property. We are not estate homes. We are just a residential neighborhood. I ask the City Council to look out for us as a neighborhood. That historic home could be preserved by anyone who buys that property. It doesn't have to be this particular development or developer. Mike Paslay, 2692 East Meandering Way: My house is on the southwest corner of the private drive that gives access for our neighborhood to the pool, lake, and tennis courts. Mr. Lamb has worked diligently to try to hear the things we have said. Some of these things are probably not resolvable. My concern is for the well-being of the community that will live in what he is developing. There are carport covered parking spaces, two per unit. There are 26 parking spaces along the front of the cluster housing. I recognize the need for varied housing all across Fayetteville and a survey revealed that's what citizens want, but they don't want it in their neighborhood, and I don't want this in my neighborhood. Some of the designs we saw, stand in stark contrast and their aesthetic compared to what Mr. Lamb calls our estate homes. I really kind of resent that. This is a home that I've worked all of my life to move into. It's a relatively modest home compared to the neighborhood adjacent to me. I'm not convinced that the parking issue is good for the proposed 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 23 of 28 community. There's no indication of where that commercial property would have to have a dumpster. Either the cluster housing has to have individual bins as our neighborhood does or he would have to have a collective dumpster, similar to commercial. On the southwest corner of that property that would only be accessible to emergency vehicles. I recently watched a fire truck go to an emergency call at our clubhouse and when they had to back out, they could not turn around. I have doubts that a fire truck could make a sharp right turn from our private drive between my property and the person immediately to my east. It's private party and it's a private drive. I have trouble believing a fire truck could make that turn and answer a call to one of those residences. This is too densely settled. Kim Petrone: Thank you to the City Council and the city for having such great materials posted on the website. That has been a great use to me as I process this proposal. The City Plan 2040 repeatedly speaks of appropriate infill and acknowledges that not all infill is appropriate. There is extensive discussion of appropriate infill, including walkability, proximity to transportation and employment clusters, none of which exist with this proposal. We are indicated on the city's map as more likely not suitable for infill. Our pond has been filled with dirt from other developments. A huge percentage of the CUP proposal is impervious surface area. It's going to generate significant runoff across our POA property. Traffic is dangerous around here. We already have so many empty commercial spaces for lease and sale at the Mission and Crossover area, which is designated for commercial use. This plan disrupts the cohesive neighborhood and the character of the neighborhood. 101 people in the Boardwalk neighborhood signed a petition opposing this CUP. Dr. Carleton Holt, 2498 East Meandering Way: I have lived here over 20 years. The homes are predominantly brick with front and back yards where children play. The 10 proposed two story cluster housing units, with a very modern design are incompatible with our neighborhood. The location of this proposed project is of significance. Nowhere does the plan show a ground level view of the surrounding properties, nor the proximity to the property owners' backyards, nor to the neighborhood clubhouse, pool, tennis courts, pond and picnic area. This is a genuine concern. No part of this proposal acknowledges any compliance with a POA use guidelines for these areas. There's a very real traffic safety issue. Crossing traffic remains a very real challenge and this would only enhance the issue. How would fire trucks maneuver in and out of the area and has the Fire Department okayed this? The developer originally wanted to demolish the Smith house and as of the okay by the Planning Commission, he would still be allowed to demolish parts of the home. Nothing was mentioned about the small existing structure beside it. Has it been okayed demolition as well? This developer is not a resident of our community. We request you consider the residents of our neighborhood in our city and the 100 plus signatures on the petition against this proposal. Council Member Petty: Is the property under question, a part of any adjacent property or homeowner's association? Garner Stoll: I'm not aware that there's a relationship between this property and the adjacent POA. Richie Lamb: There is no POA involved in this property, at any point in its history. Council Member Petty: It seemed like from the way some of the comments were going that some people thought that this was supposed to be subject to those standards. Mr. Lamb, I heard you talk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 24 of 28 a little bit about home prices, and we heard a little bit of public comments that speculated about home values. In your estimation, would the sales price of the homes you build on a per square foot basis, do you think those would be higher or lower than the historic sale prices on a per square foot basis of the adjacent subdivisions? Richie Lamb: Undoubtedly, they would be higher. You still have the most expensive elements of a home being your kitchens, bathrooms and mechanical systems. You just don't have the quantity of square foot in other spaces like bedrooms and living areas. They will be priced higher, per square foot than any of the homes in the existing subdivisions. In standard appraisal practice, you would never use a home of this size that we're proposing, being less than 1,700 square feet as a comparable sale for a home that's 2,250 square feet or greater. That would never become a factor in the value of any of those homes. Council Member Petty: It seems like if an appraiser did use these homes and looked at the per square foot basis, they might even inflate the value of adjacent properties relative to what their true value is. Garner, please explain what the top reasons are that the Planning staff is recommending we uphold the CUP. Garner Stoll: From a policy standpoint, it brings a lot to the table in terms of the comprehensive plan, affordable housing, and mixed use. We also looked at the specific reason for appeal and we feel this application addresses all those reasons. The cluster housing is subject to all of our storm drainage requirements, which means total retentions of increase flow, as well as water quality. If it were developed under the single family district and assuming it wouldn't be a large subdivision, which it couldn't be, it wouldn't be subject to those standards. Council Member Petty: Did you just say that if this property were developed to its maximum extent under an RSF district, like it's currently zoned, that it would not be subject to those standards whatsoever? Garner Stoll: Under the existing zoning if they use the lot split method, they would not. It's four units per acre and 1.8. I don't think you would see a substantial subdivision. I would expect a couple of homes. Theoretically, it could come under it if they propose a subdivision. Water retention and water quality could come under it. With this CUP, it does come under it and it may very well not come under it without it. Council Member Gutierrez: Chief Hardin, could you help us understand about the fire truck situation and the use of private property driveways. Brad Hardin, Fire Chief: We reviewed this plan and due to it being greater than 150 foot, the fire code does require that they have a secondary access, which would be an emergency access. That private lane in Boardwalk meets the needed 20 feet. It's supposed to have a gate there that we can access in case of emergency. If that was not available, we also give the option of a cul-de-sac or some means for us to be able to turn our fire apparatus around. Mayor Jordan: Are you saying you are okay with this? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 25 of 28 Brad Hardin, Fire Chief: Yes, with the design that was presented to us, provided that gate is there with the secondary access. It meets the fire code. Garner Stoll: We're dealing with a conceptual plan. The next step would be a development approval process. It will be either a small improvement plan, but more likely a large scale improvement plan approved by the Planning Commission where storm drainage, fire access, and all the other issues would be tied down. Council Member Gutierrez: Is there any plan for a light and what kind of traffic measures? That would be decided or determined at a later date? What do we have for the short term plan for traffic? Garner Stoll: This parcel does have legal access. It's a 1.8-acre parcel. They're showing it as a divided entrance in the conceptual plan, but the parcel can't be landlocked. Council Member Gutierrez: Many people were asking about a left turn and how dangerous that is there. I have also tried to turn out onto Crossover at a very busy time and that is a valid point. What measures or evaluation does the plan go through to help ensure safety? Garner Stoll: The Large Scale Development process will look at ingress and egress. The conceptual plan shows a divided one way in with the median in the middle and one way out. Whether or not something can be done to facilitate a left turn, I don't know. It is identical to the other access points along this stretch of Crossover. Council Member Gutierrez: Thank you. I don't think that Crossover is as busy as MLK, but I have seen places where you can't make a left turn, especially during certain traffic times. I wonder if we're going to be looking at developments that we might consider that and definitely want people's safety in mind. Council Member Scroggin: I don't think we should vote on this tonight. I definitely want more readings. I would like to see the traffic wreck data around there. Council Member Marsh: I understand the concern about traffic. I've worked in this corridor and needed to turn left. It's bad because people are having to drive everywhere they need to go because we don't have enough services, jobs, active transportation connections or transit providers down there. The answer to the traffic issue along that corridor is to densify to the point that we can support viable public transit, as well as to diversify the employment and service offerings in that area. Crossover Road is part of the Mayor's box around the city. If commercial development is not appropriate on the Mayor's box around the city, I'm not sure where else it should go. That seems very appropriate. It is private property that does have development rights and it's in a highly desirable area, so it will be developed. My priority number one for that property is preserving that historic home. I had the opportunity to tour the home with the Historic & Heritage Resources Action Group. It is very significant and unique. We as a community must prioritize saving that and this is a great plan that will enable that. As far as the neighbors' assertion that it should be used as a clubhouse, that has to be supported with POA dues, which further increases the cost of housing. We already have a housing crisis in this community and a critical shortage of smaller homes. I'm not sure where the assertion is that these are not family homes. I see that all of them 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 26 of 28 have three bedrooms. Families come in all different sizes, different income levels and with different needs. This is doing a lot to help us with that diversity of housing types. It seems like the site plan has been designed with a lot of those considerations in mind. I'd rather see something that was more compatible with what is existing, but we don't regulate design in this community. We regulate use, density and environmental impacts. I just ran some comps as a realtor. The average home price per square foot within a quarter mile radius of that site is $141 a square foot. At the size of the homes they're proposing that we mirror, that puts those at over $360,000 which is far out of reach of the average wage earner in the City of Fayetteville. If you're looking at homes that are in the $200,000 range, we've only got 13 of those on the market and they averaged sitting near 33 days, which a balanced market is about 90 days on the market. The data shows that we have a shortage of the smaller, less expensive properties and a critical need for them. This plan does a really good job addressing that. I agree with the concerns about light pollution. We have dark sky standards and we've got this written into the CUP process so that will be addressed. I want to support continuing the Planning Commission's finding and allowing this development to move ahead. Council Member Bunch: I'm one of the people that brought this forward for a revisit. I did this, as well as my fellow Council Members Kinion and Turk at the request of several people in the neighborhood back behind this. As a Council, we're always trying to do what we think is the right thing to do, but we also have to listen to our community as much as we possibly can. The National Association of Realtors has their statistics say that houses are getting smaller. There's a lot of reasons for that, which are the cost of development and the cost of buying a home is so high that a lot of houses are smaller. A lot of people want to start out with a little bit smaller house. At our peak in the early 2000's, when Boardwalk was built, a lot of houses were larger. Those are wonderful houses over there, but to say this might not be compatible because it's a little bit different. I would love if it had a similar look to the other properties in that area, but there is also a higher density of condos at the entrance of Park Place subdivision. It's called St. James Court and it is very dense there. So, it's not uncommon to see. When you start out in an area, you have smaller houses up closer to the main highway and as you get back into one subdivision and another subdivision that are further away from the highway, sometimes the houses get bigger. That is not uncommon at all. The thing that concerns me about this is the traffic and that is one thing we absolutely can look at when we're looking at a rezoning or something of this nature. I do not think this is a safe area to pile more higher density in. There are a lot of wrecks on Crossover. Maybe not quite as much traffic as MLK, but not as much as Wedington, but some of the same problems. It is a state highway. We can't just slap a turn signal or a stoplight down somewhere. Between 265, Mission Boulevard and Crossover and Huntsville Road, there's only two stoplights there. It is a fast moving area and it's designed to move traffic along fast. It's unsafe as it is, very congested through there and traffic is a big concern. As far as the walkability of this neighborhood, there are amenities close by, but no one really wants to walk along Crossover Road. There are not very good crosswalks when you get to the intersection of Mission and Crossover. I'm a little bit concerned about the screening that we talked about. Is there going to be sufficient screening between the back of this property and the houses that are next to it? The property does belong to someone else. I'm a real proponent of your right to develop your property. I have the statement that if you wanted to protect that property and keep anyone from building on it, you should have bought it yourself. My main concern is the traffic. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 27 of 28 Council Member Turk: I don't think we should vote on this tonight. I'd like a little bit more information. I would like to see if there's any kind of traffic study that was done and if there wasn't, could we get a list of accidents in the last five years in that area? I'd like to see if there were any pedestrian accidents because that is not a walker friendly area. It's got great potential, but it is not there right now. You would be taking your life in hand to walk across 265. This is a conceptual plan we've seen tonight and it's not the final plan, but I'd like to find out the amount of imperviable surface planned in that area. It would be helpful to know about that and also being able to scale it with the gradient. I didn't get a chance to go over there and drive around this week, but I will do that. I don't know if we would like to have a tour or not and that might be something we want to consider. It would help us get a better idea about the change in elevation and a better feel about the area. I am extremely concerned about the traffic. That area is so congested all the time. Council Member Marsh: Are we really going to let poor roadway design be a barrier to building more diversity of housing, which our community desperately needs. The issue isn't that this housing development or mixed use development is inappropriate, it's that we have done a terrible job with that transportation corridor and it needs to be solved. People need housing they can afford. There's a critical shortage. How do we improve this transportation corridor to enable the type of housing our community needs? Council Member Bunch: That is a very good question, but one of the things we do consider with any development is the traffic potential and the danger of the traffic. We've had a request from Council Member Scroggin that we potentially table this. I would like to table this to adequately give it the time and attention it's due. I know it's already been through Planning, but maybe we could have a site visit if you guys would be in favor of that. Whenever we bring something forward like this, I always reserve the right to change my mind. Is anyone else interested in that? Council Member Turk: Yes, I would like to see it. Mayor Jordan: This is lot of information in that item. I'd like to do a little research on it myself. Council Member Bunch moved to table the resolution to the November 5, 2020 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the November 5, 2020 City Council Meeting. Announcements: Susan Norton, Chief of Staff stated for the fifth year in a row, Fayetteville received in the top 10 best places to live in the United States by U.S. News and World Report. She stated the rankings were of 150 cities based on job market, housing affordability, quality of life, desirability, and net migration. She stated the City Board of Health has discussed a number of different protocols and safety guidelines as we look toward the Halloween season. She stated on the city's website are alternative and safe ways for trick or treating and safe mask wearing. She stated the Celebration of Trees giveaway will be October 24, 2020 at 7:00 am at the Spring Street parking deck. She 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 20, 2020 Page 28 of 28 stated the business license renewal window will close on October 31, 2020. She spoke about the last bulky waste clean-up for the year. All information can be viewed on the City of Fayetteville website. City Attorney Kit Williams: It was my honor and privilege today to vote early. The polling place was very calm and very full. It took about 30 minutes for me to get through. Everybody was wearing a face mask. It was all handled very professionally and courteously. I encourage anybody that wants to vote early, go ahead and do it. The hallmark of our country is voting. Mayor Jordan: I did an interview on that very thing today. City Council Agenda Session Presentations: None Adiournment: 8:31 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, October 27, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda October 27, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2019-0966 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent: A.1 2019-0989 APPROVAL OF THE OCTOBER 20, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0833 ROSS EXECUTIVE AVIATION, INC.: A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH ROSS EXECUTIVE AVIATION, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE D FOR RENT IN THE AMOUNT OF $275.00 PER MONTH A.3 2020-0895 2021 T-HANGAR LEASE AGREEMENTS: A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2021 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE AIRPORT City of Fayetteville, Arkansas Page 2 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 A.4 M A.6 2020-0897 BID #20-76 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID #20-76 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $212,751.03 FOR CONSTRUCTION RELATED TO THE INSTALLATION OF LARGE SLIDE GATES FOR THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,550.21 2020-0899 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $349,814.99 2020-0919 B&H FOTO & ELECTRONICS CORP.: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM B&H FOTO & ELECTRONICS CORP. IN THE AMOUNT OF $66,153.65 PLUS APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, FOR USE IN THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 City of Fayetteville, Arkansas Page 3 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 A.7 2020-0920 KEY CODE MEDIA: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM KEY CODE MEDIA IN THE AMOUNT OF $41,249.21 PLUS APPLICABLE TAXES AND SHIPPING COSTS, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, TO FACILITATE SOCIALLY DISTANCED PUBLIC MEETINGS AT THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 A.8 2020-0903 ELITE BUILDING SOLUTIONS: A RESOLUTION TO ACCEPT A QUOTE FROM ELITE BUILDING SOLUTIONS IN THE AMOUNT OF $76,433.60 FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION AIR PURIFICATION UNITS IN CITY BUILDINGS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $23,500 A.9 2020-0915 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 A.10 2020-0853 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO.2 - 2019 DRAINAGE BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $273,600.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION - 2019 DRAINAGE BOND PROJECT B. Unfinished Business: B.1 B.2 2020-0821 RZN-2020-005 (660 W. WHILLOCK STJMISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE At the October 20, 2020 City Council meeting this item was left on the First Reading. 2020-0827 CUP 2020-003 CLUSTER HOUSING APPEAL: A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, TERESA TURK, AND MARK KINION AND DENY THE CONDITIONAL USE PERMIT CUP 2020-003 FOR A CLUSTER HOUSING DEVELOPMENT AND LIMITED BUSINESS WITH ASSOCIATED PARKING AT 1629 NORTH CROSSOVER ROAD At the October 20, 2020 City Council meeting this item was tabled for two weeks. C. New Business: City of Fayetteville, Arkansas Page 5 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 CA 2020-0865 TLG PETERBILT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT TRASH TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $998,764.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT C.2 2020-0894 AT&T - VESTA 9-1-1 PORTABLE COMMAND POSTS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A VESTA 9-1-1 PORTABLE COMMAND POST AND ADDITIONAL REQUIRED EQUIPMENT FROM AT&T IN THE AMOUNT OF 35,000.00 PLUS APPLICABLE TAXES FOR THE CENTRAL DISPATCH CENTER, AND TO AUTHORIZE FUTURE PURCHASES AS LONG AS AT&T IS THE CONTRACTED PROVIDER FOR 9-1-1 SERVICES THROUGH THE WASHINGTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT C.3 2020-0850 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW City of Fayetteville, Arkansas Page 6 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 CA 2020-0896 RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN C.5 2020-0898 RZN 2020-013 (420 E. REBECCA ST./BUSH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-013 LOCATED AT 4200 EAST REBECCA STREET FOR APPROXIMATELY 0.29 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE C.6 2020-0906 R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS D. City Council Agenda Session Presentations: DA 2020-0931 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN City of Fayetteville, Arkansas Page 7 Printed on 1012212020 City Council Agenda Session Tentative Agenda October 27, 2020 D.2 2020-0922 AGENDA SESSION PRESENTATION - PUBLIC SAFETY CAMPUS SITE DESIGN PRESENTATION E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 1012212020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0966 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 1. MONTHLY FINANCIAL REPORT File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0989 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE OCTOBER 20, 2020 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0833 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 ROSS EXECUTIVE AVIATION, INC.: A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH ROSS EXECUTIVE AVIATION, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE SUITE D FOR RENT IN THE AMOUNT OF $275.00 PER MONTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a five year lease agreement with Ross Executive Aviation, Inc., a copy of which is attached to this Resolution and made a part hereof, for office space in the airport terminal building at 4500 South School Avenue Suite D for rent in the amount of $275.00 per month. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2020-0833 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/2/2020 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Airport -Staff requests a resolution to approve and allow the Mayor to sign a terminal lease agreement between the City of Fayetteville and Ross Executive Aviation. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor Lioneld Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: October 2, 2020 SUBJECT: Ross Executive Aviation Terminal lease CITY COUNCIL MEMO RECOMMENDATION: Staff requests a resolution to approve and allow the Mayor to sign a terminal lease agreement between the City of Fayetteville and Ross Executive Aviation. BACKGROUND: The terminal office space is at 4500 S School Ave, Suite D, Fayetteville, AR 72701. It is currently occupied by Ross Executive Aviation. DISCUSSION: Ross Executive Aviation would like to continue to lease Suite D located inside the terminal. BUDGET/STAFF IMPACT: This lease will provide $3,300 in revenue annually to the airport. Attachments: Staff Review Form City Council Memo Terminal Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LEASE AGREEMENT for the OFFICE SPACE in the TERMINAL BUILDING LESSEE NAME: Ross Executive Aviation Billing Address: Attn: John P. Ross 10109 Seven Oaks Dr Fort Smith AR 72908 Email: Social Security Number: Tax I.D. Number: PHONE NUMBERS: Home: Work: Cell: 479-973-2759 Emergency: Emergency Contact: Date of Birth: Beginning date: December 1, 2020 Beginning rent amount: $275.00 This LEASE is executed this day of , by and between the City of Fayetteville, Arkansas, 113 W Mountain Street, Fayetteville, Arkansas, 72701, hereinafter called The City, and Ross Executive Aviation, Attn: John P. Ross of 10109 Seven Oaks Dr., Fort Smith, AR 72908, Ph. 479-973-2759 or 479-646-7272 hereinafter called Ross Executive Aviation. 1. Leased Premises. The City leases to Ross Executive Aviation, and Ross Executive Aviation leases from the City office space located at 4500 S. School Avenue, Ste. D, Fayetteville, Arkansas, as reflected on "Exhibit A" attached hereto and make a part hereof. Leased Premise shall be for Ross Executive Aviation's exclusive use to operate flight instruction and aircraft sales. The terminal building is a "No Smoking" facility. 2. Lease Term. Subject to earlier termination as hereinafter provided, the initial term of this Agreement shall be for a period of five (5) years beginning the first day of December 1, 2020 and ending November Vh, 2025. The City or Ross Executive Aviation may terminate this lease at any time by giving the other party thirty (30) days written notice of termination Rent will be increased every two years using the CPI rate, plus one percent using the formula on Lease Attachment # 1. A new lease will be negotiated at the end of five years. 3. Rental Fees. Rent for the first two years of this lease, Ross Executive Aviation agrees to pay the City for the use of the premises the sum of $275.00 per month. The initial lease payment is due and payable upon the execution of this Lease Agreement, and all subsequent monthly lease payments shall be due and payable in advance on or before the first day of each calendar month thereafter. In addition to any remedy available to it hereunder, the City may impose as additional rent a delinquency charge on all overdue payments, at the maximum rate allowed by law. 4. Utilities, Maintenance and Janitorial Services A. By The City: The City shall be responsible for the payment of the utilities associated with Ross Executive Aviation's water, sewer, lights, heating and cooling. The City shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of Ross Executive Aviation . The City shall provide janitorial services only for all areas used in common by Airport terminal tenants. The City shall not be responsible for, or pay for any expense which might arise due to, the installation and for removal of equipment used in Ross Executive Aviation's business operation or signs. B. By Ross Executive Aviation, Inc.: Ross Executive Aviation shall be responsible for the installation, relocation, modification and maintenance of all utility service other than that necessary to provide water, sewer, light, heat or air to the Leased Premises. The City shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of Ross Executive Aviation. Ross Executive Aviation shall maintain Leased Premises in a clean, orderly, and attractive condition; not allow the accumulation of rubbish, trash, or other waste material on the Lease Premises and provide for and supply all janitorial service for their exclusive use area. Ross Executive Aviation shall place any materials or trash in trash receptacles. Written approval from the Airport Director must be obtained prior to any improvements or additions to any part of the Leased Premises, or the installation of any attachment to the building (i.e. antennas, tower or signs). Any signs installed shall meet all of the City's Sign Regulations, and furthermore, any sign erected on or attached to the Lease Premises must have the prior written approval of the Airport Director. 5. Hazardous Substances. Ross Executive Aviation shall not cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Leased Premises, or in any Airport Drainage system. If the Airport property becomes contaminated in any manner due to Ross Executive Aviation's actions, Ross Executive Aviation shall indemnify and hold Harmless the Airport from any and all claims, including a decrease in value of the Airport property. 6. Insurance. Ross Executive Aviation shall provide the following: A. Workman's Compensation Insurance, as required by Arkansas Law. B. Lessee shall obtain and maintain continuously in effect at all times during the term hereof, at Ross Executive Aviation's sole expense in amounts approved by the Airport's Minimum Standards. C. A Certificate of Insurance shall be furnished to the Airport, naming the City as Additional 2 Insured, and be kept current at all times by the operator until such time as the lease is canceled. Ross Executive Aviation shall indemnify, protect, defend and hold completely harmless, the City and their trustees from and against all liability, losses, suits, claims, judgments, fines or demands arising from injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this lease, Ross Executive Aviation use or occupancy of the Airport premises, the rights, licenses, or privileges granted Ross Executive Aviation herein, or the acts or omissions of Ross Executive Aviation's agents, employees, regardless of where the injury, death or damage may occur. The City shall give notice to Ross Executive Aviation of any such liability, loss, suit, claim or demand, and Ross Executive Aviations shall defend same using counsel reasonably acceptable to the City. No word, sentence, paragraph or phrase shall be construed to waive that tort immunity set forth under Arkansas Law. 7. Use of Airport. Ross Executive Aviation is granted the use, in common with other airport terminal tenants, of the airport terminal building and grounds together with all facilities, equipment, improvements, and services which have been or may hereafter be provided. Ross Executive Aviation agrees to observe and obey the City's Ordinances and Regulations with respect to use of the demised premises and Airport; provided, however, such Ordinances and Regulations shall be consistent with safety and with all the City, county, state, and federal ordinances, rules and regulations. Ross Executive Aviation agrees to abide by the rulings of the Federal Aviation Administration with respect to the use of the Leased Premises. "The Minimum Standards for Fayetteville Executive Airport, Drake Field " herein referred to as Airport's Minimum Standards at the Fayetteville Executive Airport are made part of this lease by reference as if included word for word. Ross Executive Aviation agrees to use the premises only for a business office for Ross Executive Aviation. Any business other than the business office for Ross Executive Aviation shall require the Airport Director's approval. Ross Executive Aviation will obtain and keep in force all certifications, permits and licenses required for the operation of the business office. Ross Executive Aviation further agrees not to store any flammable material on the premises or in any way endanger or violate the provisions of Fayetteville's property insurance policy or the requirement of same. Such violations shall constitute a material breach of this Lease. Upon termination of Lease, Ross Executive Aviation will leave all premises used in the same or better condition as existed at the initiation of the Lease. 8. Rights of Ingress and Egress. Ross Executive Aviation shall have full and free right of ingress to and egress from the Leased Premises for Ross Executive Aviation, its employees, customers, guests, and other invitees except as reserved below. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Ross Executive Aviation. The City reserves the right to close any means of ingress and egress, so long as other reasonable means of ingress and egress to the Leased Premises are available to Ross Executive Aviation. The City may enter the Leased Premises at any reasonable time for any purpose necessary, or incidental to, the performance of City's obligations hereunder. 3 Ross Executive Aviation shall take reasonable measures to insure that the conduct of their business does not adversely affect their neighbors or the common areas of the building. Excessive or objectionable noise, odors, or light fixtures shall not be allowed to escape from the premises. 9. Events of Default. The following shall be events of default under the Lease, and include any one or more of the following: A. Non-payment of the rental amount. B. If Ross Executive Aviation transfers, subleases or assigns, either voluntarily or by operation of law, any portion of its interest in this Lease. C. Ross Executive Aviation voluntarily abandons, deserts, or vacates the Leased Premises. D. Ross Executive Aviation shall fail to comply with insurance requirements. 10. Termination. A. The City or Ross Executive Aviation may terminate this lease at any time by giving the other party thirty (30) days written notice of termination. B. On the expiration or other termination of this lease, Ross Executive Aviation's right to use the Leased Premises shall cease, and Ross Executive Aviation shall vacate the premises without unreasonable delay. All property installed, erected, or placed by Ross Executive Aviation in, on, or about the premises leased hereunder shall be deemed to be personalty and shall remain the property of Ross Executive Aviation. Ross Executive Aviation shall have the right at any time during the term of this Lease, or any renewal or extension thereof, and for an additional period of fourteen (14) days after the expiration of other termination of this Lease, to remove any or all of such property, subject, however to Ross Executive Aviation's obligation to repair all damage, if any, resulting from such removal. Any and all property not removed by Ross Executive Aviation prior to the expiration of the aforesaid fourteen (14) day period shall thereupon become a part of the premises on which it is located and title hereto shall thereupon vest in the City or the City may require removal and restoration by Ross Executive Aviation. 11. Assigning, Subletting and Encumbering. Ross Executive Aviation shall not sublet the Leased Premises, nor permit other persons to occupy the Leased Premises, not grant any license or concession for any part of the Leased Premises, or assign its rights under this Lease without the written consent of The City. No such subletting or assignment shall release Ross Executive Aviation from its obligations to pay the rental set forth herein. 12. Mailing and Notice. Any notice or consent required by this lease shall be sufficient if sent by Certified Mail, return receipt required, postage paid, to the following address: 4 CITY OF FAYETTEVILLE: Airport Administration Office 4500 S. School Avenue, Suite F Fayetteville, Arkansas 72701 Ph. 718-7642 ROSS EXECUTIVE AVIATION Ross Executive Aviation. Attn: John P. Ross 10109 Seven Oaks Dr. Fort Smith, AR 72908 Ph. 479-973-2759 or 479-646-7272 13. Nondiscrimination. Ross Executive Aviation agrees that it will not, on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or group of persons. Ross Executive Aviation will assure compliance with all regulations in regard to Non-discrimination and Affirmative Action. Ross Executive Aviation acknowledges that it is the policy of the Airport that it shall not discriminate on the basis of race, color, notional origin, or sex in the award and performance of all Airport contracts. 14. This Agreement shall be construed under the laws of the Sate of Arkansas. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. THE CITY OF FAYETTEVILLE: By: Lioneld Jordan, Mayor ATTEST: By: Kara Paxton, City Clerk and Treasurer ROSS EXECUTIVE AVIATION I have received a copy of the Airport's Minimum Standards _ (te � nt's initials) By: IJd (Name) Signature: 5 ,� - (Titl Date Date Date City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0895 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 2021 T-HANGAR LEASE AGREEMENTS: A RESOLUTION TO APPROVE T-HANGAR LEASE AGREEMENTS IN 2021 AT THE CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR ALL T-HANGARS RENTED AT THE FAYETTEVILLE AIRPORT WHEREAS, the City constructed T-Hangars at the Fayetteville Airport, Drake Field, serve pilots based at out airport and provide revenue to the City's Airport Services Division; and WHEREAS, the Airport Board, working with the Airport Services Division, has set the reasonable rental rates for all such T-Hangar rentals for many years; and WHEREAS, it is appropriate for the City Council to approve numerous standard lease agreements for the T-Hangars as a group through the end of 2021, at which time the rates will be reviewed and potentially increased. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves all T-Hangar leases in the standard form and for the existing amount, or an increased amount as established by the Airport Board, that come up for renewal or begin in 2021 and authorizes Mayor Jordan or his designee to execute the T-Hangar leases. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2020-0895 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/13/2020 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: A resolution to approve T-Hangar lease agreements for 2021 at the current rental rate or as adjusted upward by the Airport Board for all T-Hangars rented at the Fayetteville Airport, Drake Field. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 CITY COUNCIL MEMO TO: Mayor Lioneld Jordan and Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: October 13, 2020 SUBJECT: T-Hangar Lease Approvals RECOMMENDATION: Staff requests a resolution to approve and allow the Mayor to sign all T-Hangar lease agreements for 2021 at the current rental rate or as adjusted upward by the Airport Board for all T-Hangars rented at the Fayetteville Airport, Drake Field. BACKGROUND: Drake Field operates 94 T-Hangar units which are designed to store single and twin -engine personal aircraft. The units are similar and feature the same amenities: electricity, lighting, and an electric bi-fold door. DISCUSSION: A standardized lease agreement format is used when the unit is leased. A copy of this lease agreement is attached. BUDGET/STAFF IMPACT: None. Revenue from T-Hangar Leases is budgeted. Rates are reviewed by the Airport Board every two years. Attachments: Staff Review Form Staff Review Memo T-Hangar Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 HANGAR RENTAL AGREEMENT Fayetteville Executive Airport, Drake Field Lease Application and Accounting Information Form Company or Individual Name: Name of Company Representative (if applicable): Home Address: Mailing Address (if different): Current Status of Corporation: (Provide Copy of Certificate of Good Standing or other documentation) Business and/or Services to Be Provided: Phone/Work: Phone/Cell: Phone/Home: Email: Emergency Contact Name: Emerg Phone: Social Security or Tax LD No. Date of Birth: Hangar Number: Aircraft Number: N Effective Date: Aircraft Make/Model/Year: Monthly Rental: $ Aircraft Color Scheme: (Ex: White/Red) Aircraft Type: Single Engine Aircraft Person conducting the business and/or providing the service if different from above: Name: Phone: E-mail: Description of tools, equipment, services and inventory required to conduct proposed business and /or service: Please provide a description of the type of tools and equipment used, how services will be delivered to the customer, and types/amounts of materials to be stored including potentially hazardous materials Hours of Operation: Total Number of Employees: I, , agrees to provide the Airport with changes to current address, telephone, aircraft, and insurance information. Would you like to be included in a T-Hangar Tenant Directory? No Please check the information you would like to include in the Directory: ❑ Name ❑ Email ❑Address ❑ T-Hangar number ❑ Tail number ❑Aircraft type 0 Telephone # (home) ❑ Telephone # (work) ❑Telephone # (cell) LEASE AGREEMENT The City of Fayetteville, Fayetteville Executive Airport, Drake Field hereby leases to , a hangar for the above described aircraft on the following terms and conditions. This lease is intended for the private storage of an aircraft. It is not intended to be used for aircraft maintenance, storage of hazardous materials or storage of non -aviation materials. 1. AIRPORT RULES AND ACCESS: A. shall abide by "The Minimum Standards for Fayetteville Executive Airport, Drake Field", City of Fayetteville codes and ordinances, county, state, federal Statutes, Federal Aviation Regulations, and environmental laws. B. Hazardous activities such as, but not limited to: smoking, welding, use of spark producing devices (i.e. grinders), painting, doping, open fuel lines or the application of hazardous substances are expressly prohibited. C. shall keep the aircraft storage space clean and free of grease, oil, paper and other debris. All flammables must be stored in a metal container with a tight fitting lid with sump capability at minimum or any other approved containment device. Combustible liquids such as lube oil may be stored in small quantities. (See Airport's Minimum Standards). No additional label is necessary if company label already indicates flammable liquid or type liquid contained. Flammable storage (other than inside the aircraft fuel storage tank) is limited to a maximum of 10 gallons in each Hangar unit. The premises covered by this Agreement shall not be used for the storage of explosive substances or items. D. Aircraft shall be removed from a hangar for any activity involving fueling or defueling. E. The Airport and its designated agents may enter hangars at any time for inspection. Only locks provided by the Airport may be used on hangar doors. F. Flying Clubs shall provide copies of the flying club bylaws, current insurance documents, and current membership roster to be submitted annually to the Airport Administration Office. 2. RENT: A. A security deposit of $100.00 is due and payable upon commencement of the lease. The City may use the entire security deposit, or any portion thereof, to cure a default in the terms of the lease, as compensation for damages to the hangar beyond normal wear and tear, for cleaning of the premises, or for replacement of locks or other equipment necessary to secure the premises. Any amount not used for these purposes shall be refunded within sixty (60) days after termination of the tenancy and delivery of possession to the City. B. The hangar rent is invoiced in advance and shall be due on the first day of each month. further agrees to pay upon demand any excise or other tax on the leasehold interest. C. The non-payment of rent may be grounds for termination of this Agreement. will also be subject to a late fee for delinquent rental payment. Delinquent accounts will be sent to a collection agency in accordance with City of Fayetteville's collection/termination policies after 90 days. D. The rent stated above is subject to periodic adjustment by the Airport Board. Notice of increase shall be sent out at least thirty days prior to the increase. 2 1STRUCTURAL MODIFICATIONS: A. No structural or electrical modifications, painting, or alterations will be made to the storage space without the prior written approval of the Airport Services Manager. B. shall not attach any hoisting, winching or holding mechanism to any part of the storage space, or pass any such mechanism over the beams or braces thereof. 4.ELECTRICAL APPLIANCES: A. Limited electrical appliances are allowed in a hangar including portable fans, televisions, refrigerators, radios, dehumidifiers, engine heaters, powered tow bars, battery trickle chargers, and small air compressors. Prohibited appliances include, but are not limited to, air conditioners, electric heaters, hot plates, heat lamps, and stoves. Any appliance not having an explosion -proof motor which generates a glow, flame, or spark must be elevated at least eighteen (18) inches above the floor. No appliances, except refrigerators, dehumidifiers, battery trickle chargers and engine heaters, may remain connected to any electrical receptacle when the hangar is not occupied. B. shall not overload electrical circuits. Hangar electrical circuits are designed for 20 amps. 5.MOTOR VEHICLES: A. Vehicles shall be driven on the airport only by a licensed driver in accordance with policy established in the Airport's Minimum Standards. shall maintain currency of registration as well as limits of liability and property damage insurance, as mandated by the State of Arkansas, on its vehicle. will exercise all controls and restraints necessary as to its employees, agents, and invitees so as to comply with this Agreement. B. Vehicles must be located so as not to block aircraft access route between any hangars, as per the Airport's Minimum Standards. Vehicles will be parked in accordance with the airport parking plan, signage and pavement markings. 6.ENGINE OPERATION: No aircraft engine shall be operated inside a hangar or in a negligent manner so that the propeller or exhaust blast may cause injury to persons or damage to property. 7.PROPERTY DAMAGE/PERSONAL INJURY: Aircraft and other personal property are stored at `s sole risk. Any insurance protecting `s personal property against fire, theft or damage must be provided by agrees to save the Airport Harmless from any and all liability by reason of the storage or maintenance of said aircraft upon the Fayetteville Executive Airport, Drake Field, or from injury or damage caused to any persons or property by reason of the operations of said aircraft. Insurance requirement shall be in accordance with the Airport's Minimum Standards and a current Certificate of Insurance shall be on file at the Airport Administration Office. This clause shall not be construed to waive that tort immunity as set forth under Arkansas Law. &AIRCRAFT MAINTENANCE: Maintenance repair work that requires open flame, use of spark producing devices (i.e. grinders), welding, or the use of flammable liquids is not in this Aircraft Storage Hangar. Opening fuel cells and fuel lines is not permitted in a storage hangar. 9. NO COMMERCIAL ACTIVITY: No commercial or revenue -producing activities shall be conducted or permitted from any aircraft storage space without written approval of the Airport Services Manager. 10. NO ASSIGNMENT: The aircraft storage space designated above is rented on a month -to -month basis for aircraft storage only. Such space may not be sublet, assigned or otherwise transferred without the prior written approval of the Airport Services Manager. Only the aircraft identified in this Agreement may be stored in this hangar. 11. TERMINATION: A. This Agreement shall be deemed a "month -to -month" tenancy and may be terminated by either party upon giving thirty (30) days notice to the other in writing, prior to the end of any such rental period. B. This Agreement may be terminated by the Airport upon ten (10) days written notice for any violation of the terms or conditions of this Agreement. 12. NOTICE: Any Notice or consent required by this Agreement shall be sufficient if sent by Certified Mail, return receipt requested, postage paid, to the following address for the City/Airport, or for the tenant, the last known address or copy thereof may be posted upon the entryway door of the above mentioned hangar. CITY OF FAYETTEVILLE Airport Administration Office 4500 S. School Ave., Suite F Fayetteville, AR 72701 Phone: 479-718-7642 13. If fails to make any payment due hereunder within ten (10) days of the date on which such payment is due, the City of Fayetteville may, at its option, terminate this agreement and take possession of such of personal property as is reasonably necessary to secure payment of the amount due and unpaid. 14. Upon expiration or other termination of this lease, `s rights to use of the demised premises shall cease, and shall vacate the premises without unreasonable delay. All fixtures, improvements, equipment, and other property brought, installed, erected or placed by on the demised premises shall be deemed to be personalty and shall remain the property of shall have the right at any time during the term of this agreement, to remove any or all of such property from the Airport, subject, however, to `s obligations to repair all damages, if any, resulting from such removal. Any and all property not removed by prior to the expiration of this lease shall thereupon become the property of the City of Fayetteville and title thereto shall thereupon vest in the City of Fayetteville. 15. All covenants, conditions and provisions in this agreement shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. El I have received a copy of "The Minimum Standards for the Fayetteville Municipal Airport Drake Field" . (initial) Mandatory Acknowledgment `By signing this application, acknowledge that I am ultimately responsible for the payment of any and all sums of money arising as a result of this grant of temporary credit." Signature of Responsible Party APPROVED: Airport Services Manager Date Title Date THE CITY OF FAYETTEVILLE: Lioneld Jordan, Mayor ATTEST: Kara Paxton, City Clerk and Treasurer Date 5 Attachment "A" to Hangar Rental Agreement For Execution by Partners in Aircraft I agree to be bound by the terms and conditions of the hangar Rental Agreement Effective Lessee Name: Partner #1: Address Signature: Partner #2• Address Signature: Partner #3: Address Signature: Partner #4 Address Signature: (day/month/year) for Hangar # 31 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0897 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 BID #20-76 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID #20-76 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $212,751.03 FOR CONSTRUCTION RELATED TO THE INSTALLATION OF LARGE SLIDE GATES FOR THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $42,550.21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #20-76 and authorizes Mayor Jordan to sign a contract with Crossland Heavy Contractors, Inc. in the amount of $212,751.03 for construction related to the installation of large slide gates for the aeration basin located at the Noland Water Resource Recovery Facility, and further approves a project contingency in the amount of $42,550.21. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0897 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/13/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #20-76 and approving a construction contract with Crossland Heavy Contractors, Inc. in the amount of $212,751.03 for construction related to the installation of large slide gates for the aeration basin located at the Noland Water Resource Recovery Facility, and approving a project contingency in the amount of $42,550.21. 5400.730.5800-5801.00 Account Number 02032.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Water and Sewer Fund WWTP - Building Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 3,887,656.00 $ 2,992,435.48 $ 895,220.52 $ 255,301.24 $ 639,919.28 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: October 13, 2020 CITY COUNCIL MEMO SUBJECT: Bid #20-76, Crossland Heavy Contractors, Inc. — Construction Contract for Noland WRRF Aeration Basin Gates Installation RECOMMENDATION: Staff recommends awarding Bid #20-76 and approving a construction contract with Crossland Heavy Contractors, Inc. in the amount of $212,751.03 for construction related to the installation of large slide gates for the aeration basin located at the Noland Water Resource Recovery Facility, and approving a project contingency in the amount of $42,550.21. BACKGROUND: On October 1st, 2020 the City of Fayetteville accepted sealed competitive bids for the Noland WRRF Aeration Basin Gates Installation. Crossland Heavy Contractors, Inc. submitted the lowest bid. All bids are shown here: Crossland Heavy Contractors, Inc. $212,751.03 Goodwin & Goodwin, Inc. $356,800.00 DISCUSSION: The two large slide gates that allow isolation of each half of the aeration basin are leaking and need to be replaced. The gates are located under a structural concrete slab and cannot be accessed without shoring and cutting through this slab. For this reason, Jacobs Engineering was selected and contracted to provide engineering design services for this project via Resolution 142-19. Due to long fabrication periods, the gates themselves were bid previously (Bid#19-61) for fabrication and delivery to the city's facility. BUDGET/STAFF IMPACT: Funds are available for this project in the WWTP — Building Improvements account within the Water & Sewer fund. Attachments: Certified Bid Tab, Bid #20-76 Agreement Jacobs Engineering Recommendation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Bid Tabulation Bid 20-76, Construction - Noland Basin Gate Installation Certified Amount $200,000.00 Max Allowed (Certifed Amount + 25YQ $250,000.00 Total Cost Crossland Heavy Contractors, Inc. Goodwin & Goodwin, Inc. $212,751.03 $356,800.00 # Items ItemNo. QuantityRE UnitofMeasure UnitPrice TotalCost UnitPrice TotalCost #1-1 Mobilization (Not to exceed 5%) 1 1 Lump Sum $9,000.00 $9,000.00 $15,000.00 $15,000.00 #1-2 Bonding and Insurance 2 1 Lump Sum $2,500.00 $2,500.00 $15,000.00 $15,000.00 #1-3 Construction Controll (Staking( 3 1 Lump Sum $1,000.00 $1,000.00 $5,000.00 $5,000.00 #1-4 Install Two New Stainless Steel Gates and lRemove Two Existing Gates 13 11 Lump Sum 1 $199,751.03 1 $199,751.03 1 $316,800.00 1 $316,800.00 #1-5 Site Photos and Video 48 1 Lump Sum $500 $500 $5,000.00 $5,000.00 cirr of EE YILL ARKANS AYICANiAS Bid 20-76, Construction - Noland Basin Gate Installation - Bid 20-76, Construction - Nolan Basin Gate Installation Project Overview Project Details Reference ID Bid 20-76, Construction - Noland Basin Gate Installation Project Name Bid 20-76, Construction - Nolan Basin Gate Installation Project Owner Andrea Foren Project Type ITB Department Purchasing Certification of $200,000.00 Funds Project Description Bid 20-76, Construction - Nolan Basin Gate Installation Open Date Sep 06, 2020 12:00 AM CDT Close Date Oct 01, 2020 2:00 PM CDT Highest Scoring Supplier Crossland Heavy Contractors, Inc. Seal status Score 100 pts corn of RATETTLYILL. AYRAMS" Requested Information Unsealed on Unsealed by Required City Forms Oct 01, 2020 2:05 PM CDT Adonis Bwashi Bid Bond Oct 01, 2020 2:05 PM CDT Adonis Bwashi Arkansas Secreatary of State Oct 01, 2020 2:05 PM CDT Adonis Bwashi Filing # Arkansas Contractor's License Oct 01, 2020 2:05 PM CDT Adonis Bwashi Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, Oct 01, 2020 2:05 PM CDT Adonis Bwashi or while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 20-76, Bid Form (BT-57KZ) Oct 01, 2020 2:05 PM CDT Adonis Bwashi Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and cirr of I WO RATETTLYILL. AYNANS" understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Les McGaugh Oct 05, 2020 10:12 AM CDT No Adonis Bwashi Oct 01, 2020 2:04 PM CDT No cirr of EE YILL ARKAMS AYICANiAS Public Notices Addendum 1 issued - EXTENDED DEADLINE Les McGaugh, Sep 24, 2020 4:20 PM CDT The City has issued addendum 1 to Bid 20-76. Addendum 1 includes a deadline extension and the engineers Addendum 1. CITY OF ri FAYETTEVILL■ ARKANS" Submissions Supplier Date Submitted Name Email Confirmation Code Crossland Heavy Oct 01, 2020 1:35 PM Kaylee Mann kmann@heavycontractors.com MTAxMTQ3 Contractors, Inc. CDT Goodwin & Goodwin, Inc. Sep 30, CDT 9:20 PM David Garcia docryde@yahoo.com MTAxMDE4 CITY OF ri FAYETTEVILL■ ARKAMS" Scoring Summary Active Submissions Supplier Crossland Heavy Contractors, Inc. Goodwin & Goodwin, Inc. Total / 100 pts 100 pts 59.63 pts Within Certified Funds Pass/Fail Pass Fail Total Bid Price / 100 pts 100 pts ($212,751.03) 59.63 pts ($356,800.00) CITY of WrivarrEVILL® AYKAMB" Signatures Name Andrea Foren (Project Owner) Andrea Foren Signatures Digitally signed by Andrea Foren Date: 2020.10.06 18:11:37-05'00' Les McGaugh Digitally signed by Les McGaugh (Evaluator) Les McGaugh Date: 2020.10.05 15:00:38-05'00' DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: NOLAND WWTP AERATION BASIN GATE REPLACEMENT Contract No.: 20-76, Construction THIS AGREEMENT is dated as of the day of in the year 2020 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: removal and disposal of two (2) 6'-0" x 10'-0" stainless steel slide gates and installation of two (2) 6'-7" x 10'-8" stainless steel slide gates. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville 00500 Agreement 00500- 1 DOCUMENT 00500 — AGREEMENT (continued) Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 60 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 90 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: NOLAND WWTP AERATION BASIN GATE REPLACEMENT 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for 00500 Agreement 00500-9 DOCUMENT 00500 — AGREEMENT (continued) non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on , 20_, which is the Effective Date of the Agreement. CONTRACTOR: LIM (Type or legibly print) (Signature) Ti Contractor shall attach evidence of authority to sign. CITY OF FAYETTEVILLE By: Lioneld Jordan (Signature) Title: Mayor If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of 00500 Agreement 00500- 10 DOCUMENT 00500 — AGREEMENT (continued) State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest Attest 00500 Agreement 00500- 11 (SEAL) DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 License No. Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500- 12 11 .;acobs October 13, 2020 Attention: Mr. Corey Granderson, PE City of Fayetteville 2435 S Industrial Drive Fayetteville, AR 72701 Project Name: Noland WWTP Aeration Basin Gate Replacement Project Number: Bid 20-76, Construction Subject: Recommendation of Award Dear Mr. Granderson, Jacobs Engineering Group Inc. 401 S Boston Ave Suite 330 Tulsa, OK 74103 918.921.6052 www.jacobs.com On Thursday, October 1, 2020 construction bids were opened for the referenced project. Two responsive bids were received, and Crossland Heavy Construction, Inc is the low bidder with a total bid in the amount of $212,751.03. The certified bid tabulation is attached to this letter for reference. We have reviewed Crossland Heavy Construction's bid and have extensive experience working with them on numerous projects in water and wastewater facilities. Therefore, we recommend awarding the bid to Crossland Heavy Construction, Inc. in the amount of $212,751.03. Respectfully, Luke Lenard, PE Project Manager 225.907.3734 Luke.Lenard@jacbos.com Attachment: Bid 20-76, Construction Certified Bid Tabulation Jacobs Engineering Group Inc. CITY OF FAYETTEVILLE ARKANSAS Bid Tabulation Bid 20-76, Construction - Noland Basin Gate Installation Certified Amount $200,000.00 Max Allowed (Certifed Amount +25%) $250,000.00 Total Cost Crossland Heavy Contractors, Inc. Goodwin & Goodwin, Inc. $212,751.03 $356,800.00 # Items ItemNo. QuantityRE UnitofMeasure UnitPrice TotalCost UnitPrice TotalCost #1-1 Mobilization (Not to exceed 5%) 1 1 Lump Sum $9,000.00 $9,000.00 $15,000.00 $15,000.00 #1-2 Bonding and Insurance 2 1 Lump Sum $2,500.00 $2,500.00 $15,000.00 $15,000.00 #1-3 Construction Controll (Staking( 3 1 Lump Sum $1,000.00 $1,000.00 $5,000.00 $5,000.00 #1-4 Install Two New Stainless Steel Gates and lRemove Two Existing Gates 13 11 Lump Sum 1 $199,751.03 1 $199,751.03 1 $316,800.00 1 $316,800.00 #1-5 Site Photos and Video 48 1 Lump Sum $500 $500 $5,000.00 $5,000.00 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0899 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 MIDLAND INDUSTRIAL SERVICES, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MIDLAND INDUSTRIAL SERVICES, LLC FOR ADDITIONAL SERVICES ON THE NOLAND WATER RESOURCE RECOVERY FACILITY ELECTRICAL UPGRADE PROJECT IN THE AMOUNT OF $349,814.99 WHEREAS, on June 4, 2020, the City Council passed Resolution 160-20 to approve a contract with Midland Industrial Services, LLC for the construction of critical electrical upgrades at the Noland Water Resource Recovery Facility; and WHEREAS, Change Order No. I provides for additional cabling, concrete and labor that were identified by the contractor as necessary additions to the project during its inspection of the site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to the Contract with Midland Industrial Services, LLC for additional cabling, concrete and labor on the Noland Water Resource Recovery Facility Electrical Upgrade Project, in the amount of $349,814.99. A copy of Amendment No. 1 is attached to this Resolution and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0899 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order No. 1 with Midland Industrial Services, LLC in the amount of $349,814.99 for additional cabling, concrete, and labor on the Noland WRRF electrical upgrade project. Budget Impact: 5400.730.5800-5400.00 Water and Sewer Account Number Fund 02032.1 WWTP Building Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 3,887,656.00 Funds Obligated $ 3,247,736.72 Current Balance $ 639,919.28 Does item have a cost? Yes Item Cost $ 349,814.99 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 290,104.29 V20180321 Purchase Order Number: 2020-484 Previous Ordinance or Resolution # Change Order Number: 1 Approval Date: Original Contract Number: 2020-34 Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: October 14, 2020 CITY COUNCIL MEMO SUBJECT: Project Change Order (Midland Industrial Services) for the Noland WRRF Electrical Upgrades RECOMMENDATION: Staff recommends approval of Change Order No. 1 with Midland Industrial Services, LLC in the amount of $349,814.99 for additional cabling, concrete, and labor on the Noland WRRF electrical upgrade project. BACKGROUND: Upon noticed to proceed on the project, the contractor began a review through the Noland Plant to determine their construction schedule. The contractor discovered some smaller, missing items that were left out of the original equipment bid. However, the largest discovery was that approximately 7,500 feet of underground cable is incompatible and will not work with the ten large transformers ordered for this project. There is an increase of 139% in cable footage. Due to safety concerns, the design engineer was unable to observe the existing cabling during the study -phase of this project in 2017. The original plans did not indicate that this type of cable was used. DISCUSSION: Upon Midland's inspection, it was discovered that the 15kV underground cable had a tape shielding instead of a physical wire concentric neutral. In conjunction with the new, modern transformers the existing tape -shielding cable cannot handle fault currents like the concentric neutral cable. The additional length of underground cable replacement is 7,455 feet, and represents a 139% increase in overall cabling for the project. At each cable manhole and endpoint, a complex termination must be fabricated. These locations are further complicated due to the requirement for confined space entry procedures. Additionally, the switchgear produced by the manufacturer are larger than originally planned and will require larger concrete pads and bigger roofs for support and protection. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the WWTP Building Improvements account within the Water & Sewer fund. ATTACHMENTS: Engineer Recommendation Contractor Pricing Quote Change Order No. 1 rim October 6, 2020 1V& Corey Granderson, P.E. Utilities Engineer City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 ALLGEIER, MARTIN and ASSOCIATES, INC. Consulting Engineers Re: Noland WW'I P Change Order Dear Mr. Granderson: Upon noticed to proceed, Midland Industrial Services began a review through the Noland W\V.IT to determine their construction schedule. Midland informed Allgeier, Martin the 15kV switchgear was missing a connector bushing. We have recently sent a request to order these since they were left out of the original equipment bid. These have been ordered. Midland informed my inspector and myself that the 15kV underground cable had a tape shielding not a physical wite concentric neutral. This underground cable does not work well with the ten large transformers ordered for this project. We recommended a Y-Y transformer configuration as opposed to the delta-Y that currently exists. This configuration is more prevalent today and easier to get replacements for if required. They are the industry standard. The tape shielding cannot handle fault currents like the concentric neutral. The original plans did not indicate that tape shielding was used. Tape shielding is used more in the mining industry not industrial plants. The additional underground cable is 7,455 feet. This is a 139% increase in cable footage. This means that all of the 15kV underground cable will need to be replaced and their corresponding terminations. Unknowns in the manholes have resulted in additional work for pulling and connecting multiple 15kV underground cables and terminations. These were identified in Midlands review of the project. Midland pumped water out of the manholes to see these issues. This will require many additional hours of "confined space work" that was not originally anticipated. The man holes contain termination modules to connect the cables. There are many of these. Sometime during the bid the process, the manufacturer of the 480-volt switchgear changed their designs of what they sent to Allgeier, Martin. The switchboards at the Aeriation Basin and the Ozone Buildings grew in size. We were unaware of this until lately. These changes require additional work at both buildings including concrete slabs and the engineered building covering the switchgear. The size grew by 55% at the Aeriation Basin. Qrporate office www,amce.com 7231 East 24th Street Joplin, Missouri 64804 417.680.7200 Mr. Corey Granderson, P.E. October 6, 2020 Page 2 The concrete slabs that support the existing 15kV switchgear were thicker than normal which has caused several changes to enable the new switchgear to be installed. The Effluent Area has a concrete slab that is approximately 30 inches tuck with no rebar. This is an extremely thick slab for the transformers. There are changes required to provide new electrical supply to the new transformers. Midland and Allgeier, Martin have had multiple discussions on this additional work. We have concluded that the additional work is warranted, and a change order will be required with an amount of $349,814.99. This is approximately a 34% increase over the original bid. See the attached information provided by Midland. When Allgeier, Martin performed the electrical system evaluation back in 2017, we were limited to what equipment was allowed to be opened due to safety concerns. We were told that some equipment may not operate correctly if it were operated. It was discussed that plant processes could not be deenergized just to look at all the equipment. Manholes were flooded and visual inspection could not happen, It was not safe to look at and below most of equipment whiLe it was still energized. Allgeier, Martin made recommendations based upon our previous experience with this type of equipment and other locations. Midland would also like to have an extension of 60 days to the contract to perform the additional work. I agree with this extension. There have been many conversations to reach these conclusions. We would like to proceed with a change order for this project. I am available for discussion on this project. Sincerely, ALLGEIER, MARTIN and ASSOCIATES, INC. A. Brent Corwin, P.E. Electrical Project Manager ABC Enclosures cc: Tim Nyander Enclosures Midland Proposed Change Order New medium voltage cable and medium voltage terminations from switchgear 100 to new vault in front of head works. • Demo, provide, and install (170' x 3) 510' - $12,936.88 • Terminations - $19,369.32 • Confined space labor and equipment - $15,689.75 New medium voltage cable and medium voltage terminations from new vault in front of headworks to new switchgear 102. • Demo, provide, and install (500' x 3) 1500' - $12,781.25 • Terminations - $18,208.72 • Confined space labor and equipment - $16,935.62 New medium voltage cable and medium voltage terminations from switchgear 102 to transformers at blower building. • Demo, provide, and install (425' x 3 x 2) 2550' - $44,684.38 • Terminations - $16,210.00 • Confined space labor and equipment - $14,093.75 New medium voltage cable and medium voltage terminations from switchgear 102 to old ops building transformer. • Demo, provide, and install (45' x 3) 135'-$7,100.19 • Terminations - $16,210.00 New medium voltage cable, conduit, medium voltage terminations and additional cut outs at pole at effluent pump station transformer. • Demo, provide and install (250' x 3 x 2) 1500' - $28,343.75 • Terminations/testing - $16,598.11 New medium voltage cable and medium voltage terminations rom PMH19 switchgear at aeration building to transformers at ozone building. • Demo, provide, and install (150' x 3 x 2) 900' - $19,006.25 • Terminations/testing - $15,898.40 New medium voltage cable and medium voltage terminations from PMH19 switchgear to aeration building transformers. • Demo, provide, and install (60' x 3 x 2) 360' - $10,602.50 • Terminations/Testing - $16,396.14 New Enclosures at vista switches and effluent pump station. • $5,435.25 Building size and concrete pad increased at aeration basin due to switchgear size being increased. • $5,096.00 Additional concrete work at influent pump station. • $8,963.58 Additional concrete work at old ops building. • $12,758.45 Additional concrete work at effluent pump station. • $12,968.23 Relocate 480/120 transformer at ozone building. • $3,528.47 CITY OF _ FAVETTEVILLE ARKANSAS Change Order No. To Contractor: Midland Industrial Services, LLC The Contract is chaneed as follows: CHANGE ORDER Contract Title: Date of Issuance: Bid 20-30, Construction, Noland WWTP Electrical Upgrades ORDINANCE/RESOLUTION: 160-20 October 14, 2020 Effective: June 4, 2020 ._ Bid Bid Previous Unit Contract Revised Revised Original Revised Item Item Estimated of Unit Estimated Unit Estimated Estimated No. Description Quantity Measure Price Quantity Price Cost Cost Demo, provide, and install (170' x 3) 510' Med. COLT Voltage Cable; Switchgear 100 to new vault in front 0 LS 0 1 $ 12,936,88 0 $ 12,936.88 of headworks COI.2 Terminations; Switchgear 100 to new vault in front 0 LS 0 1 $ 19,369.32 0 $ 19,369.32 of headworks COI.3 Confined Space; Switchgear 100 to new vault in 0 LS 0 1 $ 15,689,75 0 $ 15,689.75 front of headworks Demo, provide, and install (500' x 3) 1500' Med. CO1.4 Voltage Cable; New vault in front of headworks to 0 LS 0 1 $ 12,781.25 0 $ I2,781,25 switch ear 102 COI.5 Terminations; New vault in front of headworks to 0 LS 0 1 $ 18,208.72 0 $ 18,208.72 switch ear 102 CO1.6 Confined Space; New vault in front of headworks to 0 LS 0 1 $ 16,935.62 0 $ 16,935.62 switch ear 102 Demo, provide, and install (425' x 3 x 2) 2550' CO1.7 Med. Voltage Cable; Switchgear 102 to Blower 0 LS 0 1 $ 44,684.38 0 $ 44,684.39 Bldg. Transformers COI.8 Terminations; Switchgear 102 to Blower Bldg. 0 LS 0 1 $ 16,210.00 0 $ 16,210.00 Transformers COI.9 Confined Space; Switchgear 102 to Blower Bldg. 0 LS 0 1 $ 14,093.75 0 $ 14,093.75 Transformers Demo, provide, and install (45' x 3) 135' Med. COL IO Voltage Cable; Switchgear 102 to Old Ops Bldg. 0 LS 0 1 $ 7,100.19 0 $ 7,100.19 Transformer CO1. l I Terminations; Switchgear 102 to Old Ops Bldg. 0 LS 0 1 $ 16,210.00 0 $ 16,210.00 Transformer Page 1 of 3 Demo, provide, and install (250' x 3 x 2) 1500' CO1.12 Med. Voltage Cable, Conduit, cut outs at pole; 0 LS 0 1 S 28,343.75 0 S 29,343.75 Effluent Pump Station Transformer C01.13 Terminations/Testing; Switchgear 102 to Old Ops 0 LS 0 1 $ 16,598.11 0 S 16,598,11 Bldg. Transformer Demo, provide, and install (150' x 3 x 2) 900' COl.14 Med. Voltage Cable; PMHl9 Switchgear Q 0 LS 0 1 S 19,006.25 0 $ 19,006.25 Aeration to Ozone Bldg. CO1.15 Terminations/Testing; PMH19 Switchgear @ 0 LS 0 1 S 15,898.40 0 S 15,898.40 Aeration to Ozone Bldg. Demo, provide, and install (60' x 3 x 2) 360' Med. C01.16 Voltage Cable; PMH 19 Switchgear to Aeration 0 LS 0 1 $ 10,602.50 0 $ 10,602.50 Bldg. Transformers CO1.I7 Terminations/Testing; PMH19 Switchgear to 0 LS 0 l $ 16,396.14 0 S 16,396.14 Aeration Bldg. Transformers C01.18 New Enclosures at vista switches and effluent 0 LS 0 l $ 5,435.25 0 $ 5,435.25 pump station. C01.19 Building size and concrete pad increased at aeration 0 LS 0 1 $ 5,096.00 0 $ 5,096.00 basin C01.20 Additional concrete work at influent pump station 0 LS 0 1 S 8,963.58 0 $ 8,963.58 C01.21 Additional concrete work at old ops building. 0 LS 0 1 $ 12,758.45 0 $ 12,758.45 CO1.22 Additional concrete work at effluent pump station. 0 LS 0 1 $ 12,968.23 0 $ 12,968.23 CO1.23 I Relocate 480/120 transformer at ozone building. 0 LS 1 0 1 1 S 3,528.47 0 1 $ 3,528,47 Summation of Cost S - $ 349,814.99 Net Cost for this Change Order S349,814.99 1-he ongmal Contract Price was $ I,UJ6,491.55 Net change by previously authorized change orders $ The Contract Price prior to this Change Order was $ 1,036,491.85 The Contract Price will [increase by] ] S 349,814.99 The new Contract Price including this Change Order will be ______ $ 1,386,306.84 The Contract Time(s) will [increased by 60 — calendar days Required dates of Completion as of the date of this Change Order therefore are: Substantial Completion 3/28/2021 Final Completion 4/27/2021 Page 2 of 3 NOTE This summary does not reflect changes in the Contract Price or Tune(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders, Midland Industrial Services, LLC t - �6 --/�, Zo 2 Z BY DATE CITY OF FAYETTEVILLE BY DATE Page 3 of 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0919 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 B&H FOTO & ELECTRONICS CORP.: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM B&H FOTO & ELECTRONICS CORP. IN THE AMOUNT OF $66,153.65 PLUS APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, FOR USE IN THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of audio-visual equipment from B&H Foto & Electronics Corp. in the amount of $66,153.65 (plus any applicable taxes and freight charges), pursuant to an OMNIA Partners cooperative purchasing contract, for use in the Town Center and City Hall, and further approves a project contingency in the amount of $5,000.00 City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Doug Bankston Submitted By City of Fayetteville Staff Review Form 2020-0919 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/16/2020 MEDIA SERVICES (060) Submitted Date Division / Department Action Recommendation: Purchase Audio -Visual Equipment from B&H PhotoVideo Under OMNIA/National IPA Contract to Facilitate Socially Distanced Public Meetings at the Town Hall Center and in City Hall Room 219 Due to the Coronavirus Pandemic 4270.900.9290-5210.00 Account Number 20019.1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Disaster & Replacement Minor Equipment Fund COVID-19 Disaster Recovery Fund Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 2,850,000.00 $ 375,642.51 $ 2,474,357.49 $ 79,471.82 $ 2,394,885.67 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF 11/5/2020 TO: Mayor and City Council THRU: Lisa Thurber, Director of Communications Susan Norton, Chief of Staff FROM: Doug Bankston, Director of Media Services DATE: 10/16/2020 CITY COUNCIL MEMO SUBJECT: Purchase Audio -Visual Equipment from B&H PhotoVideo Under OMNIA/National IPA Contract to Facilitate Socially Distanced Public Meetings at the Town Hall Center and in City Hall Room 219 Due to the Coronavirus Pandemic RECOMMENDATION: Staff recommends purchasing audio-visual equipment from B&H PhotoVideo under the OMNIA/National IPA contract (Region 4 ESC Contract, R160901, City of Eagan, MN) to facilitate public, socially distanced, in -person meetings at the Town Center and to better facilitate social -distancing protocols in City Hall Room 219. BACKGROUND: Public meetings held in City Hall have been virtual via Zoom since early in the COVID-19 pandemic. DISCUSSION: City Administration will be hosting public engagement sessions on large scale projects using a combination of in -person "charrette" style meetings and virtual engagement via website and Speakup. These meetings were typically held in City Hall room 111 or 326 but due to distancing requirements with COVID, public engagement meetings will need more space than those rooms allow. The spacious venue of the Town Center enables this, but audio-visual equipment must be procured for in -room, broadcast, and recording needs. City Hall Room 219 requires some additional audio-visual equipment and reconfiguration to better facilitate that room's social distancing flexibility for other public meetings and/or events. BUDGET/STAFF IMPACT: Purchase cost is $66,153.65, plus $1,548.00 for shipping and $6,770.17 in tax, for a total of $74,471.82 from the COVID-19 Disaster Recovery Fund. Request for a contingency of $5,000, for a total of $79,471.82. The intention is to use CARES Act Funding, if possible, for the purchase. No staff impact. Attachments: SRM, Memo, CCM, Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS TO: City Council FROM: Doug Bankston, Director of Media Services DATE: 10/16/2020 SUBJECT: Quoted Item Replacement STAFF MEMO The quote from B&H PhotoVideo includes four (4) Samsung 82" QLED Q70 Series 4K UHD TV screens with an instant rebate of $1,000 per TV screen. However, the rebate has an expiration date of 10/14/20, which expires well before the ability to purchase. Media Services has substituted four (4) LG NAN090 86" Class HDR 4K UHD IPS LED TV screens with a cost of $8,390.96 ($2,97.74 each) and will receive an updated quote from B&H PhotoVideo. The four LG screens will cost less the four Samsung screens without rebate. Doug Bankston Director of Media Services Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Government, Education, and Corporate Department For Pricing Requests, Purchase Orders, and Customer Service: s 800-947-8003 800-858-5517 Education: emailbi4s@bhphoto.com Fed Gov: federalsales@bhpliato.com 12-239-75031 �212-239-7759 Corporate: corporatesates[�hlrphoto.com State and Local: biddeptiabhpho(u.cum r r i r i r e - a 'ihe.Professior alz Source 420 Ninth Avenue, New York City, NY 10001 • www.bhphotovideo.com Prices Are Valid Until: 11/13/20 Quote No.:1068038683 Reference No.: R 160901-P Sold To: Neal Bilbe 101 W. Rock Street FAYETTEVILLE, AR 72701 Bill Phone: (479)444-3482 4 SAMSUNG 82" OLED 070 SERIES 4K UHD TWREG Price After$1000.00 Instant Rebate Exp. 10/14/20 6 1 AJA UHD/4K/HD HDMI TO ETHERNET RECEIVER/REG 6 1 AJA HDBaseT ETHERNET TO HDMI TRANSMITTER/REG t I SAMSUNG 32"LED LCD WOHD 2560xl440 MTR 5MS HDMI/REG 1 LISTEN ESSNTLS LVL 2 STATIONARY RF SYST 72MHZIREG This Is A Special Order Item, And Is Not Returnable. 1 1 AJA 1-CH OPTICAL FIBER - SD/HD/3G/SDI +DWP/REG Continued on Next Page ... SAGN82070T 1,960.001 7,840.00 I (ON82070TAFX) AJHBRHDMI 319.95 1,919.70 (HBTHDMI) AJ H B T H D M I 319.95 1,919.70 (HBTHDMI) SAS32DB50T 380.15 380.15 (LS32D85KTSRZ) LILS31072 929.00 929.00 (LS31072) AJFoIDORO I 360.45 360.45 (FID Customer Copy Page 1 of 4 Government, Education, and Corporate Department Q For Pricing Requests, Purchase Orders, and Customer Service: o 100-947-8003 r8O-O-858-5517 Education:emailbids(gl)Ilplloro.com Fed Gov: federalsalesr,!+l)lil)liotu.n3m 12-239-750312-239-7759 JPF Corporate:corporatesalm.-Ohphoto.com State and Local: biddellr,.cum e The Professionals Source 420 Ninth Avenue, New York City, NY 10001 • www.bhphotovideo.com Quote No.: 1068038683 1 AJA 2-CH SD/HD/3G/SDI to OPTICAL FIBER+DWP/REG AJFID02TO 522.45 522.45 (FID02T) 1 AJA MULTI -CHANNEL HD H.264 USB 3.0 RECORDR/REG AJKIPROGO 3,235.95 3,235.95 (KIPROGO) 1 AJA HDMI TO SDI MINI CONVRTR w/ROI SCALING/REG AJROIHDMI 805.95 805.95 (ROIHDMI) 1 PANASONIC AW-RP60 REMOTE CAMERA CONTROLLER/REG PAAWRP60GJQ 2,125.00 2,125.00 (AW R P60GJ5) 4 PANASONIC AW-HE40SW PTZ CAM w/HD/SD-SDI O/P-WH/REG PAAWHE40SW 3,125.00 12,500.00 (AWHE40SWPJ) 1 BLACK -MAGIC ATEM 1 M/E ADVANCED BROADCAST PANEUREG BLATEMIA 2,598.00 2,598.00 (DSWPANELAD) 1 BLACK -MAGIC ATEM 1 M/E PRODUCTION STUDIO 4K/REG BLATEMIME4K 2,125.00 2,125.00 (SWATEMPSWI ME) 4 PEARSTONE STND SERS CABLE/ HDMI to HDMI - 37REG PEHDA103 7.46 29.84 (HDA103) 4 WISE 1TB PORTABLE SSD HARD DRIVE/REG WIPTS1024 241.92 967.68 (PTS1024) 4 BLACKMAGIC VIDEO ASSIST 7" MONITOR/REG BLVIDA127HRD 858.00 3,432.00 (HYPERDAVIDAI) 4 JELCO EL-80 EZ-LIFT CASE for 80" FLAT SCREEN/REG JEEL80 4,693.68 18,774.72 This Is A Special Order Item, And Is Not Returnable. (EL80) Continued on Next Page ... Customer Copy Page 2 of 4 Government, Education, and Corporate Department p For Pricing Requests, Purchase Orders, and Customer Service: o 0 PHOTO - VIDEO - PRO AUDIO 800-947-8003 800-858-5517 iM Education: email bidsphoto.com Fed Gov: federalsales@bhphoto.com 212-239-7503 212-239 7759 Corporate: corporates0les9bhphoto.com State and Local: biddeptobhphotozom d Me Professionals Source - 420 Ninth Avenue, New York City, NY 10001 • www.bhphotavideo.com - LL Quote No.: 1068038683 1 I MIDDLE -ATLANTIC 24SP 1-BAY RACK w/ DOORS - SLATE/REG I MIS24DSL I 1,609.001 1,609.00 This Is A Special Order Item, And Is Not Returnable. (s24DsL) I I SENNHEISER VOCAL SET (CNDNSR/SPRCARD/548-572MHzYREG I SEXSW2865A 334.001 334.00 (xsw2665A) I BOSCH CCS 1000 D CONTROL UNIT WITH RECORDER/REG I BoiueeOD89) 1 CURD I 1,239.00 I 1,239.00 This Is A Special Order Item, And Is Not Returnable. 16 BOSCH CCS 1000 D DISCUSSN DEVICE - LONG MIC/REG BOCCSDDL 336.00 5,376.00 Your request for the additional qty has been approved (F01U299031) This Is A Special Order Item, And Is Not Returnable. Continued on Next rage ... Customer Copy Page 3 of 4 Government, Education, and Corporate Department o For Pricing Requests, Purchase Orders, and Customer Service: L TO - VIDEO -PRO AUDIO The Professionals Source - 420 Ninth Avenue, New York City, NY 10001 • www.bhphotovideo.com - PLEASE NOTE: ------------------------ ---- ------ IMPORTANT NOTICE: B&H has begun collecting Arkansas sales tax. If you are AR tax exempt, please contact our TAX Department. To update the status of your account, please email a completed tax exempt certificate to taxcertificates@bhphoto.com. The B&H Tax Department can be reached via phone at 212-502-6308. **** Please reference your quote number on all PO's **** Certain items may be enforced by vendor to sell at the vendor -imposed price posted at the time of order. NO PAYMENT TYPE SELEC7TV Quote No.: 1068038683 Sub -Total: 69,023.59 Shipping: 1,548.00 Tax: 7,057.16 yI Total• 77 628.75 z Customer Copy Page 4 of 4 m City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0920 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 KEY CODE MEDIA: A RESOLUTION TO APPROVE THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FROM KEY CODE MEDIA IN THE AMOUNT OF $41,249.21 PLUS APPLICABLE TAXES AND SHIPPING COSTS, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT, TO FACILITATE SOCIALLY DISTANCED PUBLIC MEETINGS AT THE TOWN CENTER AND CITY HALL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of audio-visual equipment from Key Code Media in the amount of $41,249.21, pursuant to an OMNIA Partners cooperative purchasing contract, to facilitate socially distanced public meetings at the Town Center and City Hall, and further approves a project contingency in the amount of $5,000.00. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Doug Bankston Submitted By City of Fayetteville Staff Review Form 2020-0920 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/16/2020 MEDIA SERVICES (060) Submitted Date Division / Department Action Recommendation: Purchase Audio -Visual Equipment from Key Code Media Under OMNIA/National IPA Contract to Facilitate Socially Distanced Public Meetings at the Town Hall Center and in City Hall Room 219 Due to the Coronavirus Pandemic 4270.900.9290-5210.00 Account Number 20019.1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Disaster & Replacement Minor Equipment Fund COVID-19 Disaster Recovery Fund Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 2,850,000.00 $ 455,114.43 $ $ 51,124.92 $ 2,3 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF 11/5/2020 TO: Mayor and City Council THRU: Lisa Thurber, Director of Communications Susan Norton, Chief of Staff FROM: Doug Bankston, Director of Media Services DATE: 10/16/2020 CITY COUNCIL MEMO SUBJECT: Purchase Audio -Visual Equipment from Key Code Media Under OMNIA/National IPA Contract to Facilitate Socially Distanced Public Meetings at the Town Hall Center and in City Hall Room 219 Due to the Coronavirus Pandemic RECOMMENDATION: Staff recommends purchasing audio-visual equipment from Key Code Media under OMNIA/National IPA contract to facilitate public, socially distanced, in -person City meetings at the Town Center and to better facilitate social -distancing protocols in City Hall Room 219. BACKGROUND: City Council and other meetings held in Room 219 have been virtual via Zoom since early in the COVID-19 pandemic. DISCUSSION: City Administration will be hosting public engagement sessions on large scale projects using a combination of in -person "charrette" style meetings and virtual engagement via website and Speakup. These meetings were typically held in City Hall room 111 or 326 but due to distancing requirements with COVID, public engagement meetings will need more space than those rooms allow. The spacious venue of the Town Center enables this, but audio-visual equipment must be procured for in -room, broadcast, and recording needs. City Hall Room 219 requires some additional audio-visual equipment and reconfiguration to better facilitate that room's social distancing flexibility for other public meetings and/or events. BUDGET/STAFF IMPACT: Purchase cost is $41,249.21, plus estimated shipping of $750.00 and estimated taxes of $4,124.92, for a total of $46,124.92 from the COVID-19 Disaster Recovery Fund. Request for a contingency of $5,000, for a total of $51,124.92. The intention is to use CARES Act Funding, if possible, for the purchase. No staff impact. Attachments: SRF, CCM, Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 K,eV C(c)clre R1(iedi� i:, - IIIIiiinCC�is '1201 V11iley RC)air,I Suite 100 Schaumburg, IL.0017'i 2.2�-231-4F�66 www.l«ycod�.m�dia,corn key�._0�� Prepared for: City of Fayetteville, Arkansas Prepared by. - John Connolly r1i LA Council Chambers Update Quote # JC212018 Version 1 It key Equipment i Council Chambers Update M E D I A Prepared for: City of Fayetteville, Arkansas Sales Quotation Quote #JC212018 v 1 Oct 15, 2020 BLACKMAGI BMD- ATEM 1 M/E Production 1 Y 5% $2,495.00 $2,370.25 $2,370.25 $2,370.25 C SWATEMPSW1 Studio 4K ME4K BLACKMAGI BMD- Blackmagic ATEM 1 M/E 1 Y 5% $3,079.00 $2,925.05 $2,925.05 $2,925.05 C SWPANELADV1 Advanced Panel ME PANASONIC AW-HE40SKPJ9 PANASONIC SOLUTIONS 4 Y 2% $3,695.00 $3,621.10 $3,621.10 $14,484.40 COMPANY: INT. PT CAM HD -SDI OUT BLACK CH PANASONIC AW-RP60GJ5 PANASONIC SOLUTIONS 1 Y 2% $2,375.00 $2,327.50 $2,327.50 $2,327.50 COMPANY: OMPACT 3.5 LCD PTZ CONTROLLER AJA Video K01-HDM1 AJA VIDEO HDMI to SDI 1 Y 10% $995.00 $895.50 $895.50 $895.50 System with ROI Scaling - Functions: Signal Conversion, Audio Embedding, Video Scaling - 1920 x 1200 - PAL, NTSC - Frame Lock/Genlock - USB - Audio Line In - Mac, PC AJA Video K1-PRO-GO-RO AJA VIDEO Ki Pro GO Multi 1 Y 10% $3.995,00 $3,595.50 $3,695.50 $3,595.50 System -Channel 1-1264 Recorder Mukidyne SILVERBULLET- Multidyne SilverBullet Minl 1 N % $1.099,95 $1,099,95 $1,099.95 $1.099.95 KIT 3G HD/SDI Fiber optic Link K@ - TransmitteNReoeiver & Case The Bosch CCSD-CURD Bosch Conference System 1 N %, $2,063.00 $2,063.00 $2,063.00 $2,063.00 Group Control Unit - 17.3" Width x 7.9" Depth x 1.8" Height - 1 - Traflic Black - Metal The Bosch CCSD-DL Bosch Microphone - 200 1 N 1, $559.00 S559 00 $559.00 $559.00 Group Hz to 12.50 kHz - Wired - Desktop 131AMP TesiraFORTt Fixed 110 DSP with 12 1 Y 44 % $3,197 j.00 $1.790.68 $1,790,88 $1,790,88 DAN Al analog Inputs. 8 analog outputs, 8 channels configurable USB audio, and 32 x 32 channels of Dante Aurora ASP-882A Aurora ASP-882A 8x8 4K I N i, $3,398.00 $3,398.00 $3,398.00 $3,398.00 HDMI Matrix (2.0A/60Hz) - Qu0te.#JC212018 v 1 Oct 15. 2020 Page: 2 of 5 key Equipment 0 Council Chambers Update M E D I A Prepared for: City of Fayetteville, Arkansas Sales Quotation Quote #JC212018 v 1 Oct 15, 2020 Aurora AURA-RXC-3 Aurora RXC-3 Web -Based 1 N % $1,198.00 $1,198.00 $1,198.00 $1,198.00 IP Control System/Processor Listen LCS-121-01 Listen Technologies Wi- 1 Y 33% $2,313.00 $1,549.71 $1,549.71 $1,549.71 Technologies Fi/RF Advanced System, Includes LW-100P-02 LE 2 Channel Wi-Fi Server, LT- 800-072-01 Stationary RF Transmitter, 2x LR-4200- 072 Intelligent DSP RF Receiver Middle RCS-2724 Middle Atlantic RCS-2724 1 Y 48% $1,069.00 $555.88 $555.88 $555.88 Atlantic RCS Series The Essex RCS Series Residential Configured Rack System offers exceptional quality and value at cost-effective prices for residential installers. It is completely assembled at the factory and ships with pre -installed ac Samsung HG32NF69OGF Samsung 690 1 Y 30% $389.00 $272.30 $272.30 $272.30 XZA HG32NF69OGF 32" Smart LED-LCD TV - HDTV - Black Hairline - LED Backlight - Dolby Digital Plus LYNK DRM PRO IDIOM REACH HMS Sennheiser XSW 2-865-A Sennheiser Wireless vocal 1 Y 11 % $559.00 $497.51 $497.51 $497.51 set. Includes (1) EM XSW 2, (1) SKM 865 XSW (supercardioid, condenser), (1) NT 12-5 CW, (1) MZQ 1 clip and (1) GA 1 XSW 2, frequency range: A (548 - 572 MHz) Barco R9861522US CX-50 CS CONFERENCE 1 Y 5% $2,950.00 $2,802.50 $2,802.50 $2,802.50 TAA COMPLIA TAA COMPLIANT CLICKSHARE CONFERENCE Samsung QN82Q800TAF Samsung Q800T 4 Y 30% $5,999.00 $16,797.20 $4,199.30 $16,797.20 XZA QN82Q800TAF 81.5" Smart LED-LCD TV - 8K UHD - Titan Black - Direct Full Array 32x Backlight- Bixby, Google Assistant, Alexa Supported - TV Plus - Tizen - Dolby QUANTUM 8K PROCESSOR Al UPSCALING Quote IIJC212018 v 1 Oct 15, 2020 , Page: 3 of 5 key* Council Chambers Update M E D I A Prepared for: City of Fayetteville, Arkansas Equipment Sales Quotation Quote #JC212018 v 1 Oct 15, 2020 JELCO EL-80 JELCO EL-80 EZ-LIFT 4 N % $6,953.00 $27,812.00 $6,953.00 $27,812.00 Shipping and Display Case for 80-90" Flat -Screen Monitor Extron 60-1546-012726 Extron Custom XTP II 1 Y 38% $40,320.00 $23,385.60 $25,000.00 $25,000.00 3200-EEOOOOOOEEEE8XX X Custom XTP II 3200-EEOOOOOOEEEE8 XXXXTP II CrossPoint 3200XTP II CP 4i HDMI 4K PLUS INPUTXTP II CP 41 HDMI 4K PLUS INPUTXTP MATRIX 1/0 BLANK PLATEXTP MATRIX 1/0 BLANK PLATEXTP MATRIX 1/0 BLANK PLATEXTP MATRIX 1/0 BLANK PLATEXTP MATRIX 1/0 BLANK PLATEXTP MATRIX 1/0 BLANK PLATEXTP CP 4o 4K OUTPUT - 26VVXTP CP 4a 4K OUTPUT - 26VVXTP CP 4o 4K OUTPUT - 26WXTP CP 40 4K OUTPUT - 26WXTP II CP 4o HOMi 4K PLUS OUTPUTXTP MATRIX 110 BLANK PLATEXTP MATRIX 1/0 BLANK PLATEXTP MATRIX 1/0 BLANK PLATE Extron 60-1524-13 Extron XTP R HD 4K 12 Y 38.2% $890.00 $6,194.40 $550.00 $6,600.00 Extron 60-1524-01 Extron XTP SR HD 4K 4 Y 49.7% $1.690.00 $3,224.80 $650.00 $3,400.00 Joseph CBLVDP(BLK)- cable assemblies with AC 4 N % $500.00 $2,000.00 $500.00 $2,000.00 Electronics 200 power. Ethernet and SDI Subtotal: $123,994.13 Quote #JC212018'v 1 Oct 15, 2O20x Page: 4 of 5 key 0 MEDI►4 Council Chambers Update Prepared for: City of Fayetteville, Arkansas Council Chambers Update Prepared by: Bill To: Key Code Media - Illinois City of Fayetteville, Arkansas John Connolly 224-231-4863 Neal Bilbe jconnollyjr@keycodemedia.com 479.444.3434 nbilbe@fayetteville-ar.gov Quote Summary Sales Quotation Quote #JC212018 v 1 Oct 15, 2020 Ship To: Quote Information City of Fayetteville, Arkansas Quote #: JC212018 113 West Mountain Street Version: 1 Fayetteville, AR 72701 Delivery Date: 10/15/2020 Neal Bilbe Expiration Date: 11/06/2020 479.444.3434 Terms: ADVANCE nbilbe@fayetteville-ar.gov r Equipment $123,994.13 Total: $123,994.13 This Sales Quote ("SO") incorporates the Terms and Conditions found at http://www.keycodemedia.com/terms/salesorder ("T&C") and constitutes an offer or counter-offer, as applicable, by Key Code Media, Inc. or Burst Communications ("Seller"). This SO, including the T&C incorporated therein, shall become binding on the buyer listed herein ("Buyer") on the earliest of Buyer's: (i) acknowledgement hereof; or (ii) receipt of any goods and/or services ordered hereunder. No Buyer acknowledgement form, purchase order, or other document shall modify the SO or the T&C. Key Code Media - Illinois City of Fayetteville, Arkansas Signature: � &>,y Name: John Connolly Title: Director of Sales Date: 10/15/2020 Signature: Name: Neal Bilbe Date: Quote #JC212018 v 1 Oct 15. 2020 Page: 5 of 5 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0903 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 ELITE BUILDING SOLUTIONS: A RESOLUTION TO ACCEPT A QUOTE FROM ELITE BUILDING SOLUTIONS IN THE AMOUNT OF $76,433.60 FOR THE INSTALLATION OF NEEDLEPOINT BIPOLAR IONIZATION AIR PURIFICATION UNITS IN CITY BUILDINGS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $23,500 WHEREAS, on September 20, 2016, the City Council passed Resolution 164-16, which awarded Bid #16-52 and authorized a contract with Elite Building Solutions for a term of one year with automatic renewals for four additional one year terms for on -call HVAC services. 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, pursuant to Resolution 164-16, hereby accepts a quote from Elite Building Solutions in the amount of $76,433.60 for the installation of needlepoint bipolar ionization air purification units in thirty-four City buildings, and further approves a project contingency in the amount of $23,500.00. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Matthew Cabe Submitted By City of Fayetteville Staff Review Form 2020-0903 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/16/2020 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of a Resolution to accept a quote of $76,433.60 with Elite Building Solutions to install Needlepoint Bipolar Ionization air purification units in thirty-four City buildings, and to approve a project contingency of $23,500. Budget Impact: 4270.900.9290-5801.00 Fixed Assets Account Number Fund 20019.1 Needlepoint Bipolar Ionization Installation Project Number Project Title Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 2,850,000.00 $ 262,549.59 $ 2,587,450.41 $ 99,933.60 2,487,516.81 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Paul Becker, Chief Financial Officer Wade Abernathy, Director of Bond Projects and Facilities FROM: Matthew Cabe, Building and Facilities Maintenance Manager DATE: October 20, 2020 SUBJECT: Approval of a Resolution to accept a quote in the amount of $76,433.60 with Elite Building Solutions to install needlepoint bipolar ionization air purification units in City buildings, and to approve a project contingency of $23,500. RECOMMENDATION: Approval of a Resolution to accept a quote of $76,433.60 with Elite Building Solutions to install needlepoint bipolar ionization (NBPI) air purification units in City buildings, and to approve a project contingency of $23,500. This proposal is time sensitive due to Cares Act reimbursement requirements. BACKGROUND: Needlepoint bipolar ionization is an air purification technology proven to reduce airborne pathogens, including SARS-COV-2, within buildings. NBPI units emit ionized particles that bind to the surface proteins of pathogens, rendering them inactive. The NPBI units are another tool in our multi -faceted approach to keep City facilities and workplaces safe and operational during this pandemic. To date, we have increased our cleaning and disinfecting of City buildings, including weekly electrostatic disinfectant fogging; installed additional hand sanitizer and soap dispensers; reassigned custodial staff to reduce the possibility of transferring infection among facilities; and installed UV light purification systems in several buildings. NPBI technology also effectively reduces pollutants such as dust, pollen, smoke, cooking odors, and other indoor air contaminants. Air ionizers are very efficient in removing aerosol particles from indoor environments by accelerating the aggregation of charged and neutral particles into larger particles that then settle on surfaces where they can be collected easily via dusting, vacuuming, etc., and by increasing the mobility of smaller particles to the point they can be collected by standard HVAC filtration. DISCUSSION: On October 1, 2020, Facilities Management requested and received a quote from Elite Building Solutions, the City's on -call HVAC contractor, to install needlepoint bipolar ionization (NPBI) units in 34 City -owned facilities that are regularly occupied by City staff. Facilities Management's Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 goal is to complete the project by December 15, 2020 to comply with CARES Act reimbursement requirements. BUDGET/STAFF IMPACT: This project is funded by COVID-19 Disaster Recovery Funds and includes a project contingency of $23,500. Attachments: Quote from Elite Building Solutions Facilities List Research Data ELITE BUILDING ® ®,SOLUTIONS FOR ALL OF YOUR COMMERCIAL NVAC NEEDS Date: October 1, 2020 City of Fayetteville 113 W. Mountain St Fayetteville, AR 72701 Elite Building Solutions 446 North 40th St. Springdale, AR 72762 HVACR License # 2115416 Office: 479-770-5566 Fax: 479-927-1881 Reference: iWave Air Cleaner Install, City Buildings Quote Number: TPQ2020134 To whom it may concern, Elite Building Solutions is pleased to provide service to supply materials and labor to install 141 iWave Air Cleaners at the listed location. 72 cleaners would be 6 tons or less, price per install, $504.42. Total $36,318.24. 43 cleaners would be larger than 6 tons, price per install, $726.82. Total $31,253.26. 26 cleaners would be the iWave Mini that would be installed in Mini Splits, PTACs, and Water Source Heat Pumps. Price per install, $340.85. Total $8,862.10. Total job cost $76,433.60. Install would come with a 3-year all parts warranty and 1-year labor warranty. Price excludes all applicable taxes, electrical work, plumbing work, and coring. Work to be performed during normal business hours. Prices firm for (30) days. Please allow 4-6 weeks, upon approval for logistics. IIPage Regards, Tony Price Elite Building Solutions Cell: 479-287-8285 Fax: 479-927-1881 Office: 479-770-5566 Execution by Authorized Representatives.• SUBMITTED BY: Tony Price CUSTOMER ACCEPTANCE: City of Fayetteville Customer Acceptance (typed/printed name) Title Customer Acceptance (signature) DATE: October 1, 2020 EBS APPROVAL EBSL�A`pJ/p/rroovEvyq d//pririinted name) Ti�BT Approval (signature) (signature) Date 21Page Facilities List for Needlepoint Ionization Installation 09.30.2020 Airport Administration 4500 S. School Ave. Animal Shelter (3 Bldgs.) 1640 S. Armstrong Ave. Biosolids Management Site 16464 E. Wyman Rd. Building Maintenance 115 S. Church Ave. City Administration Building 113 W. Mountain St. Compost Facility 1708 S. Armstrong Ave. District Court/Prosecutor 176 S. Church St. Development Services 125 W. Mountain St. Fire #1 (Central) 303 W. Center St. Fire #2 708 N. Garland Ave. Fire #3 1050 Happy Hollow Rd. Fire #4 3385 Plainview Ave. Fire #5 2979 N. Crossover Rd. Fire #6 900 S. Hollywood Ave. Fire #7 835 N. Rupple Rd. Fire Training Facility 2505 E. Borick Drive Fire ARFF Station 385 W. Ernest Lancaster Dr. Fire Marshall's Office 4140 S. School Ave. Fleet Operations/Transportation 1525 S. Happy Hollow Rd. Parking Management 416 W. Spring St. Parks and Recreation 1455 S. Happy Hollow Rd. Police Department (current) 100 W. Rock St. Senior Center 945 S. College Ave. Solid Waste and Recycling 1560 S. Happy Hollow Rd. Sustainability & Resilience 203 N. School Ave. Television Center 101 W. Rock St. Town Center 15 W. Mountain St. Wastewater Treatment Plant (Noland) 1400 N. Fox Hunter Rd. Wastewater Treatment Plant (West Side) 15 S. Broyles Rd. Water and Sewer Operations 2435 S. Industrial Dr. Wilson Park Maintenance Office 173 N. Park Ave. Yvonne Richardson Center 240 E. Rock St. Media Contact Amanda Caskey acaskey@wrayward.com (704) 926-1351 New Research That Shows Critical Weak Point of SARS-CoV-2 Demonstrates Effectiveness of Needlepoint Bipolar Ionization (NPBIT") for Building Air Purification in Targeting Virus's Vulnerabilities Northwestern University study highlights benefits of neutralizing the positively charged CoV-2 virus; the same principle renders virus inactivation through Global Plasma Solutions' proprietary air treatment technology for schools, offices, transportation hubs and hospitality CHARLOTTE, North Carolina (September 22, 2020) — A new study, "Enhanced Binding of SARS-CoV-2 Spike Protein to Receptor by Distal Polybasic Cleavage Sites" by Northwestern University, proves electrostatic forces cause SARS-CoV-2 binding to the human cells, supporting data on the technology and effectiveness of needlepoint bipolar ionization (NPBI"") air purification for HVAC systems. In the study, scientists identified a region just 10 nanometers outside of the receptor -binding domain (RBD) of the coronavirus, or the spike protein. This region has a positive charge, which interacts with a human's negatively charged cell receptor, ACE2, causing infection in humans. The RBD-ACE2 binding is caused by an electrostatic force, creating a tight bond that ultimately allows the virus to infect the cell. The scientists discovered that by neutralizing the positive RBD region with a negatively charged molecule, the coronavirus was unable to attach to a target host cell. "In showing how a negatively charged molecule neutralizes the positively charged coronavirus protein spike, Northwestern University's recent study shows exciting insight into our own tech data on NPBI's effectiveness in air purification for indoor air, and it provides an interesting illustration of how electrostatic forces work to target SARS-CoV-2's vulnerability," said Charlie Waddell, chief technology officer for Global Plasma Solutions (GPS). Ions are molecules or atoms with either a positive or negative charge. "NPBI leverages an electric field to create a high concentration of positive and negative ions," said Waddell of the GPS technology, which launched in 2009 as an HVAC solution that purifies the air by reducing airborne particulate, viruses, mold spores and bacteria — a solution that is making offices, schools and transportation hubs safer in a COVID- aware world. "When these ions disperse throughout a room, they combine with particles of opposite polarity suspended in the air, including pathogens. This clustering makes them easier to capture in filtration systems. In the case of pathogens, contact with negative ions also disrupts their surface proteins, which makes the pathogens inactive and no longer infectious." NPBI technology is being used in dozens of offices, schools, airports, hospitals and community spaces worldwide, including Google, University of Maryland, Boston Children's Hospital and Charlotte Douglas International Airport. For more information on Northwestern University's study or GPS' NPBI technology, please see: • Science Daily: Research Exposes New Vulnerability for SARS-CoV-2 • GPS: Reducing Airborne Virus Through Better Indoor Air City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0915 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards bid #20-70 and authorizes Mayor Jordan to sign a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $41,000.00 for replacement of the Facilities Management shop building roof, and further approves a project contingency in the amount of $6,150.00. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Matthew Cabe Submitted By City of Fayetteville Staff Review Form 2020-0915 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/16/2020 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: A Resolution to award BID# 20-70, to authorize a contract of $41,000 with T.F. Thompson Roofing for replacement of the roof of the Facilities Management shop building located at 109 E. Rock Street, and to approve a project contingency of $6,150 (15%). 4470.140.8900-5400.00 Account Number 02046.1 Project Number Budget Impact: Building & Grounds Maintenance Fund Facilities Management Shop Reroof Project Title Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 1,156,700.00 $ 121,622.85 $ 1,035,077.15 $ 47,150.00 987,927.15 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Paul Becker, Chief Financial Officer Wade Abernathy, Director of Bond Projects and Facilities FROM: Matthew Cabe, Building and Facilities Maintenance Manager DATE: October 15, 2020 SUBJECT: Approval of a contract in the amount of $41,000 with T.F. Thompson Roofing Co. for removal and replacement of the roof of the Facilities Management shop building located at 109 S. Rock St. RECOMMENDATION: A Resolution to award BID# 20-70, to authorize a contract with T.F. Thompson Roofing for replacement of the roof of the Facilities Management shop building located at 109 S. Rock St. Avenue, and approval of a project contingency of $6,150 (15%). BACKGROUND: The roof of the Facilities Management shop building has aged beyond its useful life. The project scope includes removal of the existing metal roofing and replacing it with a standing seam metal roof. DISCUSSION: On August 25, 2020, the City received construction bids for this project. T.F. Thompson Roofing Co. submitted the low bid of $41,000, which is below Facilities Management's estimate of $45,000. BUDGET/STAFF IMPACT: This project is funded by Facility Capital Improvement funds. Attachments: Agreement with T.F. Thompson Roofing Co. Bid Submittal Bid Tab Recommendation for Award Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF Contract for FAYETTEVILLE . ARKANSAS City of Fayetteville, AR Bid 20-70, Construction of Facilities Shop Roof Replacement Contractor/Vendor: Terra Firma Restorations, LLC D/B/A T.F. Thompson Roofing Co. Term: Single Project This contract executed this day of , 2020, between the City of Fayetteville, Arkansas (City) and Terra Firma Restorations, LLC D/B/A T.F. Thompson Co. Roofing, T.F. Thompson Co. Roofing & Waterproofing (TF Thompson, Vendor, Contractor) In consideration of the mutual covenants contained herein, the parties agree as follows: 1. TF Thompson at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 20-70, Construction — Facilities Shop Roof Replacement as stated in TF Thompson bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 20-69, all included herein as if spelled out word for word. a. The City of Fayetteville shall pay TF Thompson for completion of the project based on prices indicated in Appendix B, for a not to exceed price of $41,000.00 US DOLLARS. b. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. Invoices shall be submitted itemized to the detail and breakout presented in the bid form. 2. The Contract documents which comprise the contract between the City of Fayetteville and TF Thompson consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Bid package identified as Bid 20-70, Construction — Facilities Shop Roof Replacement with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings and issued addenda. b. Appendix B: TF Thompson bid proposal. c. Appendix C: Recommendation for Award, inclusive of the bid tabulation d. Appendix D: TF Thompson Certificate of Insurance 3. These Contract documents constitute the entire agreement between the City of Fayetteville and TF Thompson and may be modified only by a duly executed written instrument signed by the City of Fayetteville and TF Thompson. 4. TF Thompson shall not assign its duties under the terms of this agreement. 5. TF Thompson agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from TF Thompson performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 6. TF Thompson shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable coverage exists for the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 1 of 4 In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, TF Thompson shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by TF Thompson. a. Workmen's Compensation: Statutory Amount b. Comprehensive General & Automobile Insurance: $500,000 for each person injured. c. Bodily Injury Liability: $1,000,000 for each accident. d. Property Damage Liability: $1,000,000 aggregate. 7. TF Thompson shall furnish proof of licensure as required by all local and state agencies. 8. This contract may be terminated by the City of Fayetteville or TF Thompson with 30 calendar days written notice. 9. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 10. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 11. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 12. Contractor's Representations: a. TF Thompson has examined and carefully studied all contract documents. b. TF Thompson shall visit the project sites and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. c. TF Thompson is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. TF Thompson will carefully study all: A. Reports of explorations and tests of subsurface conditions at or contiguous to project sites and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and B. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. TF Thompson acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in project documents with respect to Underground Facilities at or contiguous to the Site. TF Thompson will obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to project sites or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 2 of 4 of the means, methods, techniques, sequences, and procedures of construction to be employed by TF Thompson and safety precautions and programs incident thereto. f. TF Thompson does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. g. TF Thompson is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. h. TF Thompson has correlated the information known to TF Thompson, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. i. TF Thompson has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that TF Thompson has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to TF Thompson. j. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. k. TF Thompson is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. I. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 13. Liens: No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires, and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 14. Liquidated Damages: N/A 15. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 3 of 4 WITNESS OUR HANDS THIS DAY OF .2020. CITY OF FAYETTEVILLE, ARKANSAS Bv: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Date Signed: City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 4 of 4 Terra Firma Restorations. LLC D/B/A T.F. Thompson Co. Roofing, T.F. Thompson Co. Roofing & Waterproofing By: Tyler Kerley Printed Name and Title By: Signature Date Signed 10/15/20 Contract for Bid 20-70 Appendix A City Bid Package Project Manual LE, Constructiow- Facilities Shop Roof Replacement BID # 20-70 Date: August 2020 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 1 of 29 CITY OF FAYETTEVILLE ARKANSA5 Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. F-1 5% Bid Bond of the amount bid accompanied by required docume 0 ower of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's errg� t11om a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (in iv o any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, A . All addenda shall be signed, acknowledged, and i d on the appropria�Q rms (submitting the actual F-1 addendums or marking acknowledgement on of r ages). V I� P All line items shall be appropriately filled o d exte M evea item price as well as the total bid F-1 price. Total base bid should be calculate provid �ce. � G c? All pages provided with signat 1Mes sh ppr riaa signed, dated accordingly, and included with F-1 submitted bid documents All bid documents shall �ivered in sealed e�o e to the address listed below before the stated deadline on the coversheeCJhbidders t id. All bids should`b livened with the name of the bidder (contractor) on the sealed Fenvelope as well Arkansas Con rab s License Number. �I Fayetteville, AR ur hasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 2 of 29 City of Fayetteville Bid 20-69, Construction - Fabric Storage Building Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-70, Construction — Facilities Shop Roof Replacement The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, remove and dispose of old, and installation of a new roof on the Facilities Division Shop building. Questions should be addressed to Les McGaugh, Purchasing Agent at Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All bids shall be received by Thursday August 27, 2020 before 2:00 PM, local time utilizing the electronic bidding software, OR by submitting a sealed bid at the City of F ye eville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid openiAulate conducted shortly after the deadline at City Hall and livestreamed at htt s: www. outube.com user cit offs ettevill earbids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of i s technical equipment. NJCity of FayetAevllle Purchasing Divi�10 oom 306 113 West U Stre ) Fayett R 72701 V A non -mandatory Pre -Bid meeting will be held Thursday t 13, i a 00 A sit�i/Information regarding the pre -bid meeting is available on the project page on the City's is bidd orm. A ested parties are encouraged to attend. Each bid shall be accompanied by a cashier's ch a ban us i �n�j State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the bid. A dred pe t (100%) performance and payment bond is required with the contract awarded and shall be fil r d by th a ington my ircuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is re ue r all id s ice I e valid at the time of bid deadline. In an effort to understand hardsh' s vendors an u liers are in relation to the current COVID-19 situation the Purchasing pp g g Division will take feedback fr m p olders and interesNs to understand the current impact to vendors operations. Pursuant to Arkansas Code Annotated §22-9-203 Thee Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contr� o s, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of t it c ntract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Sr. Purchasing Agent P: 479.575.8220 Email: Imcgaugh@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 08.02.2020 and 08.09.2020 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 3 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement Bid Form Days to Final Completion: 20 Days from Receipt of PO F.O.B. 109 W. Rock St., Fayetteville, AR 72701 Bid Form is available on Bonfire. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based qhe City's best interest at the time of product order. O, e) o r THIS BID FORM I HE NEXT PAGE. QjIN61 P o G CO G� City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 4 of 29 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. O 4. I, as an officer of this organization, or per the attached letter of autho ation, am duly authorized to certify the information provided herein is accurate and true. O� 5. Bidder shall comply with all State and Federal EquaX,dlocallaws. �nity and Non -Discrimination requirements and conditions of employment in addition to all federal, sita �th6. Bidder shall disclose any possible conflict of intere the Cit f Fayett luding, but not limited to, any relationship with any City of Fayetteville empl&ee. Respan�1I dis to e'fc own relationship exists between any principal or employee of your firm a �n ``ity of F �bille e or elected City of Fayetteville official. If no relationship exists, this should o 0 stated i respo lure to disclose such a relationship may result in cancellation of a purchase contra esul esponse. 1.) N RELA I EXIS ELATIONSHIPEXISTS esLrex : lain p ) ♦ C6a 7. Bidder will perform e Work in compli ith all applicable trench safety standards set forth in Occupational Safety and Health Administration (0 * 26 — Subpart P — Excavations. 8. Pursuant Arkansas Code Annotat §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 5 of 29 b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: _ *TITLE: Purchase Order/Payments shall be issued to this name *STATE: O *ZIP: I FAX: DUNS NUMBER: . GE NUMBER: *TAX ID NUMBER: ♦ Acknowledge Addendu CO . �� Addendum No. Dated: Oknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 6 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement Instructions to Bidders PART ONE - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents ar to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as her 0r provided) makes an award. PARTTWO - COPIES OF BIDDING DOCUMENTS • a► V 2.1 Complete sets of the Bidding Documents i Rciumb r ar for th it sum, if any, stated in the Advertisement for Bids may be obtaine the I 1r�9ffice. 2.2 Complete sets of Bidding Docum s m'ust be s in e Bids. City of Fayetteville assumes no p g P. Y Y responsibility for errors or m i t pretati�r sulti orTr the use of incomplete sets of Bidding Documents. �► 2.3 City of Fayetteville in ki g copie in ents available on the above terms do so only for the purpose of o i n ids for theNVork d not confer a license or rant for an other use. p p `� g Y PART THREE - EXAMINATION OF SITE AND C4,( CT DOCUMENTS N 3.1 Bidders are advised that the Draci and Specifications are on file at the City of Fayetteville Purchasing Division and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions, inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 7 of 29 necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 3.5 3.7 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. O y►rOn request, City of Fayetteville will provide each Bidder sto the site to conduct such examinations, investigations, explorations, tests, and studies as eac deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore he s to its former conditions upon completion of such explorations, investigations, tests, and studi; Reference is made to the General Requiremer )r tht'de ificatio4(h�aas general nature of work that is to be performed at the site by Cit Fayetr of r utilities and other prime contractors) that relates to the wor ich a bet ed. Onrequest, and as available, City of Fayetteville will provide'Q ea h Bid n, access to or copies of Contract Documents (other than portions of rela prig ryr h work. The submission of a Bid 1 constitu rt co v i�ble representation by Bidder that Bidder has complied with every &-X-ement Art' hat without exception the Bid is premised upon performing and s the Wor required the Contract Documents and applying the specific means, method to niques, sequenceMalocedures of construction (if any) that may be shown or indicated or expre s y required by th ract Documents, that Bidder has given owner written notice of all conflicts, errors, ambigui iscrepancies that Bidder has discovered in the Contract Documents and that the writte es luutions thereof by owner are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 8 of 29 PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the owner not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Docu nn as deemed advisable by City of Fayetteville. I 5.4 Bidder assumes all responsibility for checking the ebsite at www.accessfayetteville.org for updates and addenda issued to this project. PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES Q, 6.1 The provided estimate of quantities is ximat nd s I Qie basis for receiving unit price bids for each item but shall not be c ed by s as a quantities that may be required for the completion of the proposed wkk. wever quant the unit and lump sum prices bid for each item, shall determine the nc�t of e id fo c rison of Bids and aid in determining the low and responsive Bidder Ond's. purpo ar gcontract, and will be used as basis for fixing the amount of the requir • 4v. PART SEVEN - PRICES -�k' PO ` tea CO7.1 Bidders must strice for each it�6work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient forth i g of all labor, materials, tools, equipment, and apparatus of every description to construct, ere t, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT- BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 9 of 29 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. 8.4 Address sealed bids to Cityof Fayetteville, and deliver to the d res"S given in the Advertisement for Bids Y on or before the day and hour set for opening the bids (bs the completed Bid Form and Project Manual in a sealed envelope bearing the title of the the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and Lour he bid opening. If this sealed envelope is delivered by a public carrier, it must be containiRdPolle other envelope ad ssed to City of Fayetteville and the attention of the project name. It � r sibility er to see that the Bid is received on time. 8.5 Acceptance of deductive alternate bi� the Ci ayette discretion, as best services the City of Fayetteville's interest. Each de ctiv� alter prese ill be provided on the Bid Form. The price of the Bid for each deduct e ernat ' be th nt to be deducted from the price of the Total Base Bid if the City of teville� an f t alternates. The unit price amount for each alternate shall be the samt e unit ri��rnno ns d in the Bid. 8.6 No Bidder shall u e tie informa on in th'e'�?to any person whomsoever, except those having a partnership or o er financial interest with Coin the Bid, until after the bids have been opened. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individua , the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 10 of 29 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. PART TEN - BID SECURITY 10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable. The Successful Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The City of Fayetteville reserves the right to retain the sec it u it the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, wove is sooner. Cash equivalent security of the second and third low bidder may be exchanged fqniuivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whi eve sooner. PART ELEVEN - PERFORMANCE BOND AND PAYMEN • Q, P 11.1 Prior to signing the Agreement, Contra shallgmi a sur t ormance Bond and a payment Bond, equal to one hundred percent ontra � G 11.2 Contractor shall pay all expens �onnec with e ining of said Bonds. The Bonds shall be conditioned that Contractor aithfull p rm e cc tract and shall pay all indebtedness for labor and materials furnished o ormed onstr ti of such alterations and additions as prescribed in this contract. � P � 11.3 The surety com an issuing the Bonds Ne a solvent company on the "Surety Companies Annual List" issued by the S. Department Treasury, and the Bonds are not to be issued in an amount greater than the underwriting lim t\ A the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 11 of 29 specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes. PART TW ELVE - CONTRACT TI M E 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. PART THIRTEEN - LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS O I 14.1 Contractor shall not assign or sublet all or any part of tract without the prior written approval of City of Fayetteville nor shall Contractor allow suc su�bIFtractor to commence work until approval of workman's compensation insurance and public l a i insurance as may b equired. Approval of each subcontract by City of Fayetteville will in no relea ntractor any obligations as set out in the Drawings, Specifications, contract, and s. A PART FIFTEEN - SUBSTITUTE AND OR EQUAL S 6,11 G 15.1 Any reference to a particular bJ n-X4*6r man inure i n ffort to establish an acceptable level of quality for this purchase. Br < r man a ers at included in a bid that are of at least equal quality, size and specifics s to wh s een ci d, will be acceptable for consideration. PART SIXTEEN - COMPLI C H STATE L ENSING LLB/ ` G 16.1 A Contractor's Lic se is required to his project, however, prior to executing the agreement with the City of Fayetteville, the Contoas��tate be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arks Licensing Law for Contractors" forbids in excess of $20,000. PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or owner's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 12 of 29 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. O 18.6 Uncompleted work which, in the judgment of City of Fay g0ill , might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litiga�iobth City of Fayettevi or having defaulted on a previous contract. PART NINETEEN - OPENING OF BIDS • �' 19.1 Bids will be opened and read alou ublTcly at ce wh s are to be submitted in a room to be designated by City of Fayettevill t day o ��bi�d e n . An abstract of the amounts of the base Bids and major alternates (if ill be Tvaila e t idders after the opening of Bids. PART TWENTY - CONSIDERATI BIDS /Q P � 20.1 After the bids a o Oned and read, the ties will be extended and totaled in accordance with the bid prices of the ac epted Bids. This i of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayett 0111ll consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. 20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. PART TWENTY-ONE - RIGHT TO REJECT BIDS City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 13 of 29 21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contrac uced to writing and signed by the contracting parties. The letting of a contract shall not be c le until the contract is executed and the necessary Bonds approved. O� PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contra • is to osit secu 'zn lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEM ` & G 24.1 When City of Fayetteville gives a(17 e of S n to SL4Ccessful Bidder, it will be accompanied by the number of unsigned co arts of ree nt` Z1s indicated in the Supplementary Conditions, with all other written Co t ocu n tac ithin ten (10) days thereafter, Contractor shall sign and deliver the re i numb unt of the Agreement and attached documents to City of Fayetteville wi t �e quired Bo s & Certi e of Insurance. Within ten (10) days thereafter City of Fayetteville s II aver one fully signOW 4bInterpart to Contractor. PART TWENTY-FIVE -MATERIALS GUARA �y�� 25.1 Before any contract is awarded Bi der may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX - FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 14 of 29 contract. PART TWENTY-SEVEN -ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans with Disabilities Act. 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signe t®law on March 1, 1993. PART TWENTY-EIGHT — PAST EXPERIENCE REQUIRED O� 28.1 All bidders shall have past experience in providing imila ork as described for this project. The City of Fayetteville reserves the right to reject for inac�e experience. A mi i um of four (4) references are required. End of Section O � � G � P � cp CO Ci� City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 15 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids may be submitted electronically on the City's Electronic bidding Platform, Bonfire, by going to www.fayetteville-ar.gov/bids the City is not responsible for failure of bidders technical equipment. d. Bids submitted physical shall be enclosed in sealed envel'Mor packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 WAdN ain, Fayetteville, AR 72701. The name, address of the firm and Bid RFP or RFQ nu be shall be on the outside of the acka in as well as on anv DackaRes enclosed in shiaaina.L t ers or boxes. ra f E4 The City will not be responsible for misdire ed boe Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt 4f fng documents prior opening time and date listed on the bid form. �0/ Bi r shall have in rov in r duc2s n r (Ices of the same r similar Bidders ae�p g�pp4 a d a eo s a nature. �O ` Bidder is advised that excelion�to any erms ed in this bid must be identified in its response to the bid. Fu��to dos lea to declare any such term non- Qnegotiable. Proposer' ►T�e to t ptiXN non-negotiable term will not disqualify it from consideratioA��vard..�'1� h. Local time is diNe� as th shall be rI before tl Office. V i. Bids will be evaluated and reserves the right to awal 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: Arkansas on the due date of the deadline. Bids the atomic clock located in the Purchasing Division eased on the best interest of the City of Fayetteville. The City n their entirety, none, or by line item. No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 16 of 29 approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any n essary clarifications, additional information, or data without changing the terms of the i 5. COSTS INCURRED BY BIDDERS: I All expenses involved with the preparation and submissio r Q to the City, or any work performed in connection therewith, shall be borne solely by the bid r(s). payment will be made for any responses received, or for any other effort required of, or mad , `e bidder(s) prior toygntract commencement. 6. CONFLICT OF INTEREST: 110411 a. The bidder represents that it preset y has no ilst a uire no interest, either direct or indirect, which would confl ny ma �vRth theirequired ®� mance or services re hereunder, as provided in y oi�Fayett ode S 4.26 titled "Authority of City Employee to Contract wit City". V Qj b. All bidders shall pro otify LGaug ity urchasing Agent, in writing, of all potential conflicts of inter any o e i ss+�'association, interest, or other circumstance which may inf c or a flu `e bidder's judgment or quality of services being Y � pp J g q Y g provided critten notific tion s II i ntify the prospective business association, interest or circumst c� the nature of whic �hVidder may undertake and request an opinion to the City as to whether the associatiop, st or circumstance would, in the opinion of the City, constitute a conflict of in s ered into by the bidder. The City agrees to communicate with the bidder its opinio-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 17 of 29 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: 11 12 Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submM in accordance with said proposal terms and conditions therein, should any said governmental ent Eligible Users shall mean all state of Arkansas agencies, the le �s subdivisions (counties, local district school boards, commu t� eeNJto buy under this proposal. ,v and judicial branches, political leges, municipalities, counties, or other public agencies or authorities), which may desire to purch s V der the terms and conditions of the contract. COLLUSION: •� Q, The Proposer, b affixing his or her signature t thi ro os a Voection wing: "bidder certifies that p Y g g � P gg his or her bid is made without previous u d ding, ewith any person, firm or corporation making a proposal for the sar m(s) serviespects fair, without outside control, collusion, fraud, or o ise ille �on." �► RIGHT TO AUDIT FOIA AND JUR N: v Q a. The City of Fayet rese e ivi ' .uditing a vendor's records as such records relate to purc s etween y a vendor. b. Freedo oJ mation Act: Cityrhocts and documents prepared while performing City contractuork are subject toAhIA ansas Freedom of Information Act. If a Freedom of Information Act request is to the City of Fayetteville, the (Contractor) will do everything possible to pr id e documents in a prompt and timely manner as prescribed in the Arkansas Freedom of I mation Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 18 of 29 All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: O The bidder must specify in their bid the exact company name andAaress which must be the same as invoices submitted for payment as a result of award of this b (ther, the successful bidder is responsible for immediately notifying the Purchasing Division of any c m name change, which would cause invoicing to change from the name used at the time of e o ginal bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is it orthy and will ay any interest, fees, or penalty for untimely payments. Payments can b sed th bidd:erIWptance of Visa at no additional costs to the City for expedited payrr4tnt ocessi. T e City gree to any nonrefundable deposit or retainer that would remain prthe even if rly work actually performed by the bidder would not justify such fee. V10". G The City will pay the awarded bidder 'N�, C on ujes p v n invoicing. Progress payments will be made after approval and accept work �dbmi ionginvoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City Uontractor the right to caned contract without cause by giving thirty (30) days prior notice toin writin f die intention to cancel or with cause if at any time the Contractor fails to fulfill or at §n ny of the terms or conditions specified. b. Failure of the contractor 4 nply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 19 of 29 a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: 21 Award of this bid shall impose no obligation on the City to utilize the ndor for all work of this type, which may develop during the contract period. This is not an exclusive c t'` c The City specifically reserves the right to concurrently contract with other companies for similar v if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, th( (Ovision shall apply separately to each item. LOBBYING: Lobbying of selection committee members, City of Nay 6ville employees, or ted officials regarding request for proposals, request for qualifications, contra uring t ency of bid protest, by the bidder/proposer/protestor or any member of idder's I oposer'Vat tor's staff, and agent of the bidder/proposer/protestor, or any person e ed b t al en � awith or representing an organization that is responding to the re c r prop equesj� alification, bid or contract, or has a pending bid protest is strictly prohib_k ether Fayetteville and shall be prohibited Lrttij ether a of Fayetteville; provide contacting the Purcha procurement process. influencing or attem request for qualificak attempt to obtain goo request for proposal, i 22. ADDITIONAL REQUIRE u�p��1'Gerft�r on a date established by the City of �rd is ftj oT-fh"e protest is finally resolved by the City Live/bidder/proposer from n and/or questions related to the ill include but not be limited to, vith any request for proposal, written communication or an ,ision. Such actions may cause any =d. The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 20 of 29 the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insur s ipping, freight, etc., to cover the products and services presented. Sales taxshall not be includedd t e bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be c red in award of this project. c. Each bidder should state the anticipated number of d s r m the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids •� y an yee ha v al authority to submit bids on behalf of the bidder. The entire opari+arNprovidi nses shall be borne by the bidder. cosI •' e. The City reserves the right to requ St�dditi<J00 rmati it ems necessary from any or all bidders after the submission dea �► f. The request for bid is not to trued �6ffer acqtract, or a commitment of any kind, nor does it commit the city to pays costs i d by.bi in preparation. It shall be clearly understood that any costs incurred � Prop es o this request for proposal is at the bidder's own risk and expense c doing b iness. Th � y of Fayetteville shall not be liable for reimbursement o t�oposer for any e%p so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or serves r han those described in this bid document are proposed, the bidder must include complete derive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Imcgaugh@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 21 of 29 clarifications, or requests will not be disclosed until after a contract is in place Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is reed that the right of the assignee in and to any monies due or to become due to the successful bidd a be subject to prior liens of all persons, firms, and corporations for services rendered or materia supplied for the performance of the services called for in this contract. �� m. The successful bidder's attention is directed to the fact h t Zf a licable Federal and State laws, , municipal ordinances, and the rules and regulations all uthorities having jurisdiction over the services shall apply to the contract throughout, and the dee d to be includl&the contract as though written out in full herein. The successful bidd I eep hi e /hersel u informed of all laws, ordinances and regulations of the Federal, ate, nd;n id I gove r rw or authorities in any manner affecting those engaged or employed r il'Jing th ��rvices y way affecting the conduct of the services and of all orders and decr of odies o als h yjurisdiction or authority over same. If any discrepancy or inconsistenc Id be ered ' ontract Documents or in the specifications herein referred lation i suc la ordinance, regulation, order or decree, s/he shall herewith report the ritin of�a evi le. 26. INVOICING: All invoices h e pre to t e ' ith the minimum information listed below. a. City Dep that ordered the ria s or services b. Order Da c. Delivery date or the date of Ki to-\t d. Name of the City Employ requested or picked up the goods, materials, or service e. Bid Number that applies t purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: a. Technical Specifications b. Aerial View of worksite. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 22 of 29 Bid 20-70, Technical Specifications PART 1 GENERAL a. Trapezoidal -rib, snap joint, standing seam metal roof panels, with related metal trim and accessories. b. Replace gutters C. Use R-13, Batt style insulation. REFERENCES a. American Architectural Manufacturer's Association (AAMA): www.aamanet 1) AAMA 621 - Voluntary Specifications for High Performance Org Nicoatings on Coil Coated Architectural Hot Dipped Galvanized (HDG) & Zinc -Aluminum Coated Steel Su 1 2) AAMA 809.2 - Voluntary Specification Non -Drying Seala 5 b. American Society of Civil Engineers (ASCE): www.asce.or` es- ndards: o' 1) ASCE 7 - Minimum Design Loads for Building ♦ iN�er Struc V C. ASTM International (ASTM): www.astm.org: S!S 1) ASTM A 653 - Specification for S eel Zinc-C d Calvaniz or inc-Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process. 2 ASTM A 755 - Specification f(S el Sheet Co by -The Hot -Di Process and Prepainted b the Coil- ) p Y p p Y Coating Process for Exter' sed Buil n oduct`�� 3) ASTM A 792/A 792M rd Spe ' for♦St�el�ieet, 55 % Aluminum -Zinc Alloy -Coated by the Hot -Dip Process. ` 4) ASTM A 980 - St pecificati for S eel, et arbon, Ultra High Strength Cold Rolled. 5) ASTM C 64 - cation for Nons ructur teel raming Members. 6) ASTM C 9 - S cification for Elastomer Sealants. 7) ASTM D 224 - est Method for Cal of Color Differences from Instrumentally Measured Color Coordinates. 8) ASTM D 4214 - Test Methods fo n Degree of Chalking of Exterior Paint Films. 9) ASTM E 1592 - Standard Tes Me for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Dif e. 10) ASTM E 1646 - Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference. 11) ASTM E 1680 - Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems. 12) ASTM E 1980 - Practice for Calculating Solar Reflectance Index of Horizontal and Low -Sloped Opaque Surfaces. Underwriters Laboratories, Inc. (UL): www.ul.com: 1) UL 580 -Tests for Uplift Resistance of Roof Assemblies 3. ADMINISTRATIVE REQUIREMENTS Pre -installation Meeting: Prior to erection of framing, conduct pre -installation meeting at site attended by Owner and related trade contractors. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 23 of 29 1) Coordinate building framing in relation to metal panel system. 2) Coordinate openings and penetrations of metal panel system. 3) Coordinate openings and penetrations and manufacturer's accessories with installation of metal panels. QUALITY ASSURANCE Manufacturer/Source: Provide metal roof panel assembly and accessories from a single manufacturer providing fixed -base roll forming. b. Manufacturer Qualifications: Approved manufacturer listed in this Section with minimum five years of experience in the manufacture of similar products in successful use in similar applications. 1) Approval of Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review: a) Product data, including certified independent test data indicati Compliance with requirements. b) Samples of each component. o c) Sample submittal from similar project. d) Project references: Minimum of five installations not�l s than five years old, with Owner contact information. e) Sample warranty. n 2) Substitutions following award of contract are not♦all 3) Approved manufacturers must meet separat� ents bmittals Arti C. Installer Qualifications: Experienced Installer h riiRiimum fiv ears o nce with successful) completed Q p ♦ Y Y p projects of a similar nature and scope is rec� d. ` 1 Installer's Field Supervisor: Ex nce3mecha visin Gsite whenever work is underway. p p� g � Y GQ� Q 5. ACTION SUBMITTALS NS •`�. a. Product Data: Manufactu ' ata shee a i tsts. b. Drawings, Conditi n D for Factory Installati� e: Show layouts of metal panels. Include details of each condition of installation, paneles, and attachment to b 'Idii 1) Indicate points of supporting s \ a must coordinate with metal panel system installation. 2) Include data indicating compli ce ith performance requirements. 3) Include structural data indicating ompliance with requirements of authorities having jurisdiction. Samples for Initial Selection: For each exposed product specified including sealants. Provide representative color charts of manufacturer's full range of colors. Samples for Verification: Provide 8" long section of each metal panel profile. Provide color chip verifying color selection. 6. INFORMATIONAL SUBMITTALS Product Test Reports: Indicating compliance of products with requirements, witnessed by a professional engineer. Qualification Information: For Installer firm and Installer's field supervisor. C. Manufacturer's Warranty: Sample copy of manufacturer's standard warranty. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 24 of 29 7. a b 8. a 9. a 10. a b 11. a 12. a b CLOSEOUT SUBMITTALS Maintenance data. Manufacturer's Warranty: Executed copy of manufacturer's standard warranty. DELIVERY, STORAGE, AND HANDLING Protect products of metal panel system during shipping, handling, and storage to prevent staining, denting, deterioration of components or other damage. Protect panels and trim bundles during shipping. 1) Deliver, unload, store, and erect metal panel system and accessory items without misshaping panels or exposing panels to surface damage from weather or construction operations. 2) Store in accordance with Manufacturer's written instructions. Provide wood collars for stacking and handling in the field. COORDINATION A�O Coordinate sizes, profiles, and locations of roof curbs and other 00 ounted equipment and roof penetrations, based upon sizes of actual selected equipment. ♦ WARRANTY V` Special Manufacturer's Warranty: On manufact er's�lEandard orm, p Y metal panel assemblies that fail in materials a kmans �rl on Special Panel Finish Warranty: If sele d; Ol► Manuf `stand replace metal panels that evidence e 'oration ctoryal - Completion, including: Z 1) Fluoropolymer Two- �1 tystem: a) Color fa nn' xcess of 6 nter units RJTM D 2244. b) Ch ing'1T€xcess of No. 8 ratingke,M D 4214. c) Fail adhesion, peeling, chec 'ng!, r cracking. MANUFACTURER ci` J urer agrees to repair or replace f Substantial Completion. Aanufacturer agrees to repair or years from date of Substantial Basis of Design Manufacturer: Central States Manufacturing Inc. (CSMI); Lowell, AR (Tel. 800-356-2733); Email: info@centralstatesmfg.com; Web: www.centralstatesmfgcom. 1) Provide basis of design product, or comparable product approved by Owner prior to bid. PERFORMANCE REQUIREMENTS General: Provide metal roof panel system meeting performance requirements as determined by application of specified tests by a qualified testing facility on manufacturer's standard assemblies. Structural Performance: Provide metal panel assemblies capable of withstanding the effects of indicated loads and stresses within limits and under conditions indicated: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 25 of 29 1) Wind Loads: Determine loads based on uniform pressure, importance factor, exposure category, and basic wind speed indicated on drawings. a) Wind Uplift Testing: Certify capacity of metal panels by actual testing of proposed assembly per ASTM E 1592. C. Wind Uplift Resistance: Comply with UL 580 for wind -uplift class UL-90 d. Air Infiltration, ASTM E 1680 e. Water Penetration Static Pressure, ASTM E 1646 f. Thermal Movements: Allow for thermal movements from variations in both ambient and internal temperatures. Accommodate movement of support structure caused by thermal expansion and contraction. Allow for deflection and design for thermal stresses caused by temperature differences from one side of the panel to the other. 13. METAL ROOF PANELS O a. Mechanically Seamed Joint, Concealed Fastener, Trapezoidal Seam al Roof Panels: Structural metal roof panel consisting of formed metal sheet with raised trapezoidal ribs at an edges, installed by lapping the edges of adjacent panels and using a mechanical seaming machine, and mechan' ching panels to supports using concealed clips and fasteners in a weathertight installation. 1) Basis of Design: Central States, Oufacturing Inc. (C I); Central Seam Plus; http://www.centralstatesmfg.com/central-lo �J' I 2) Aluminum -Zinc Alloy -Coated Steel Sheet: $92/A 79 ructural q ity, Grade 50, Coating Class AZ50 Grade 340 Coating Class AZM150 re- to the co- coat�n roc M A 755 A 755M. ( g ),p p Y gp / a) Nominal Coated Thickness: ` b Panel Surface: Smooth mi r ribs i c) Exterior Finish: Fluorop two -co PrT d) Color: As selected r from cturer's4sqdard colors 3) Panel Width: 24 inc mm 4) Panel Seam Height 1 ` 5) Joint Type: e a c Ilyjoined si laps. 14. METAL ROOF PANEL ACCESSORIES ♦ § J a. General: Provide complete metal ro(pa el assembly incorporating trim, copings, fasciae, gutters and downspouts, and miscellaneous flashings, in manufacturers standard profiles. Provide required fasteners, closure strips, thermal spacers, splice plates, support plates, and sealants as indicated in manufacturer's written instructions. Flashing and Trim: 26 gauge SMP painted trims if bare galvalume panels, or 24 gauge Fluropon trim if Fluropon painted panels are selected. C. Panel Clips: Provide panel clip of type specified, at spacing indicated on approved and provided shop drawings. 1) Two-piece Floating: ASTM C 645, with ASTM A 653/A 653M, G90 (Z180) hot -dip galvanized zinc coating, configured for concealment in panel joints, and identical to clips utilized in tests demonstrating compliance with performance requirements. d. Panel Fasteners: Self -tapping screws and other acceptable corrosion -resistant fasteners recommended by roof panel manufacturer. Where exposed fasteners cannot be avoided, supply fasteners with EPDM or neoprene gaskets and heads matching color of metal panels by means of factory -applied coating ('long life" designated fasteners). City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 26 of 29 e. Joint Sealers: Manufacturer's standard or recommended liquid and preformed sealers and tapes, and as follows: 1) Factory -Applied Seam Sealant: Manufacturer's standard hot -melt type. 2) Tape Sealers: Manufacturer's standard non -curing butyl tape, AAMA 809.2. 15. FABRICATION a. General: Provide factory fabricated and finished metal panels and accessories meeting performance requirements, indicated profiles, and structural requirements. b. Fabricate metal panel joints configured to accept factory -applied sealant providing weathertight seal and preventing metal - to -metal contact and minimizing noise resulting from thermal movement. C. Form panels in continuous lengths for full length of detailed runs, except where otherwise indicated on approved shop drawings. d. Sheet Metal Flashing and Trim: Fabricate flashing and trim to comply w' ufacturer's written instructions, approved shop drawings, and project drawings. Form from materials matching m a substrate and finish. O' 16. FINISHES n a. Finishes, General: Prepare, pretreat, and apply coat�pg xposed metal surfaces comply with coating and resin manufacturers' written instructions. ` b. Fluoro of mer Two -Coat System: 0.2 — 0.3 m' ri r with 0 7 - 0.8 mil 7 PVDF fluoro of mer color coat p Y Y p p Y AAMA 621, meeting solar reflectance index e ents. 1 Basis of Design: CSMI Central G rd -1Nuro on o g p V C. Concealed Finish: 0.5 mil total dr ickness ng of pri r coat and wash coat of manufacturer's standard light- colored acrylic or polyester bacl� PART 2 EXECUTION P O ` G CO 1. EXAMINATION a. Examine metal panel system substr e asupports with Installer present. Inspect for erection tolerances and other conditions that would adversely affect i allation of metal panel installation. 1) Inspect metal panel support substrate to determine if support components are installed as indicated on approved shop drawings. Confirm presence of acceptable supports at recommended spacing to match installation requirements of metal panels. 2) Panel Support Tolerances: Confirm that panel supports are within tolerances acceptable to metal panel system manufacturer but not greater than the following: a) 1/4 inch (6 mm) in 20 foot (6.1 m) in any direction. b) 3/8 inch (9 mm) over any single roof plane. Correct out -of -tolerance work and other deficient conditions prior to proceeding with insulated metal roof panel system installation. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 27 of 29 2. PREPARATION a. Miscellaneous Supports: Install subframing, girts, furring, and other miscellaneous panel support members according to ASTM C 754. b. Flashings: Provide flashings as required to complete metal roof panel system. Install in accordance with Section 07 62 00 "Sheet Metal Flashing and Trim" and approved drawings. 3. METAL PANEL INSTALLATION a. Snap -Joint, Trapezoidal Standing Seam Metal Roof Panels: Install weathertight metal panel system in accordance with manufacturer's written instructions, approved shop drawings, and project drawings. Install metal roof panels in orientation, sizes, and locations indicated, free of waves, warps, buckles, fastening stresses, and distortions. Anchor panels and other components securely in place. Provide for thermal and structural movement. b. Attach panels to supports using clips, screws, fasteners, and sealants recommended by manufacturer and indicated on approved shop drawings. 1) Fasten metal panels to supports with concealed clips at ea Io kn indicated on approved shop drawings, with spacing and fasteners recommended by manufacturer. 2) Snap Joint: Nest standing seams and fasten togetherVorlocking and completely engaging factory -applied sealant. 3) Provide weatherproof jacks for pipe and conduitpe ting metal panels of type ecommended by manufacturer. 4) Dissimilar Materials: Where elements of me�� ste I come into V with dissimilar materials, treat faces and edges in contact with dissimilar ma3al;�as recomrrd by ma fa urer. 4. ACCESSORY INSTALLATION O ` � � G a. General: Install metal panel trim, fla nd acc US in 0 ended fasteners and joint sealers, with positive anchorage to building, and with tight g. Profor thermal expansion. Coordinate installation with Q� flashings and other compon t 1 Install compon ent�ed for Iete nel assembly, including trim copings, flashings, sealants p � Y, g p g, g, , closure strip items. 2) Comply thf assemblies VIC to establish compliance with performance requirements and manufactu 'stallation instr do 3) Provide concealed fasteners excep "I oted on approved drawings. 4) Set units true to line and le v a d. Install work with laps, joints, and seams that will be permanently weather resistant. b. Joint Sealers: Install joint sealers where indicated and where required for weathertight performance of metal panel assemblies, in accordance with manufacturer's written instructions. 1) Prepare joints and apply sealants per requirements of Division 07 Section "Joint Sealants." 5. CLEANING AND PROTECTION Remove temporary protective films immediately in accordance with metal roof panel manufacturer's instructions. Clean finished surfaces as recommended by metal roof panel manufacturer. b. Replace damaged panels and accessories that cannot be repaired to the satisfaction of the Owner. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 28 of 29 END OF SECTION 16 ,e)-�'% City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 29 of 29 Contract for Bid 20-70 Appendix B Bid Submittal — TF Thompson Roofing CITY OF FAYETTEVILLE ARKAN5A5 Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the re uirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at feast five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. o All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted laid documents F1All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 305 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICCNSE NUMBER: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 2 of 29 City of Fayetteville Bid 20-69, Construction - Fabric Storage Building Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-70, Construction — Facilities Shop Roof Replacement The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, remove and dispose of old, and installation of a new roof on the Facilities Division Shop building. Questions should be addressed to Les McGaugh, Purchasing Agent at Imegaugh@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fa etteville-ar. ov bids. All bids shall be received by Thursday August 27, 2020 before 2.00 PM, local time utilizing the electronic bidding software, OR by submitting a sealed bid at the City of Fayetteville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/userZcitvoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidders technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 A non -mandatory Pre -Bid meeting will be held Thursday August 13, 2020 at 10:00 AM onsite. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend_ Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractors License is required for all bidders and license shall be valid at the time of bid deadline. in an effort to understand hardships our vendors and suppliers are facing in relation to the current COVID-19 situation, the Purchasing Division will take feedback from plan holders and interested parties to understand the current impact to vendors operations. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Sr. Purchasing Agent P: 479.575.8220 Email: Imc au h fa etteville-ar. ov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 08.02.2020 and 08.09.2020 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 3 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement Bid Form Days to Final Completion: 20 Days from Receipt of PO F.D.B. 109 W. Rock St., Fayetteville, AR 72701 Bid Form is available on Bonfire. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 20-70, Construction , Facilities Shop Roof Replacement Page 4 of 29 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. ],as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to ail federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellati n of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with ail applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926—Subpart P — Excavations. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 5 of 29 b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked* are andatory for consideration. � 1 *NAME OF FIRM: �cm— *D/B/A or Corporation Name /Payments shad be i,�sued to this name *BUSINESS ADDRESS:13 �16 L.C., J *CITY: *STATE: --A *ZIP: *PHONE: FAX: *E-MAIL: *BY: (PRINTED NAME) 1-4 Icy - *AUTHORIZED SIGNATURE: *TITLE: Uoefu-� 7 v DUNS NUMBER: -- 7�j� CAGE NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. _ Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 6 of 29 City of Fayettevi lie Bid 20-70, Construction - Facilities Shop Roof Replacement Instructions to Bidders PART ONE - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. PART TWO - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. City of Fayetteville assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 7 of 29 necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.5 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given owner written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by owner are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 41 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other €ands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 8 of 29 PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the owner not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. 5.4 Bidder assumes all responsibility for checking the City's website at www.accessfayetteville.org for updates and addenda issued to this project. PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES 6.1 The provided estimate of quantities is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. PART SEVEN - PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT- BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 9 of 29 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these instructions to Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. 8.4 Address sealed bids to City of Fayetteville, and deliver to the address given in the Advertisement for Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and hour of the bid opening. if this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville and the attention of the project name. it is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 Acceptance of deductive alternate bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate, if presented, will be provided on the Bid Form. The price of the Bid for each deductive alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid, 8.6 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 10 of 29 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. PART TEN - BID SECURITY 10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable_ The Successful Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds and of the Power of Attorney,must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached_ 11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 11 of 29 specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes. PART TWELVE - CONTRACT TIME 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. PART THIRTEEN - LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. PART FIFTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. PART SIXTEEN - COMPLIANCE WITH STATE LICENSING LAW 16.1 A Contractor's License is required to bid this project, however, prior to executing the agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $20,000. PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or owner's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas_ PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. City of Fayetteville, AR Bid 20-70, Construction - Facilities shop Roof Replacement Page 12 of 29 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN - OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by City of Fayetteville the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. PART TWENTY -CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. 20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. PART TWENTY-ONE - RIGHT TO REJECT BIDS City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 13 of 29 21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder_ 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEMENT 24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to Contractor. PART TWENTY-FIVE - MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or ail materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX - FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 14 of 29 contract. PART TWENTY-SEVEN - ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans with Disabilities Act. 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. PART TWENTY-EIGHT— PAST EXPERIENCE REQUIRED 28.1 All bidders shall have past experience in providing similar work as described for this project. The City of Fayetteville reserves the right to reject for inadequate experience. A minimum of four (4) references are required. End of Section City of Fayetteville, Aft Bid 20-70, Construction - Facilities Shop Roof Replacement Page 15 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids may be submitted electronically on the City's Electronic bidding Platform, Bonfire, by going to www.fa etteville-ar. ov bids the City is not responsible for failure of bidders technical equipment. d. Bids submitted physical shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid RFP or RFQ number shall be on the outside of the Packaging as welt as on an acka es enclosed in shi in containers or boxes. e. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents rior to opening time and date listed on the bid form. f. Bidders shall have experience in providing products and/or services of the same or similar nature. g. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. h. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. i. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by fine item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 16 of 29 approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDE All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITH DRAWL OF PROPOSAL: A bid maybe withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved bythe Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 17 of 29 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION. - The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendors records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.)- Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 18 of 29 All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION. Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at anytime the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. Y. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 19 of 29 The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, orfederal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/pro poser from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 20 of 29 the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, orthe materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. C. Each bidder should state the anticipated number of days from the date of receipt of an orderfor delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. it shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. if products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (imc au h fa etteville-ar. ov). it is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imc au h fa etteville-ar, ov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 21 of 29 clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/ortest requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services In. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUME a. Technical Specifications b_ Aerial View of worksite. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 22 of 29 Bid 20-70, Technical Specifications PART 1 GENERAL a. Trapezoidal -rib, snap joint, standing seam metal roof panels, with related metal trim and accessories. b. Replace gutters C. Use R-13, Batt style insulation. 2. REFERENCES a. American Architectural Manufacturer's Association (AAMA): www.aamanet.org: 1) AAMA 621 - Voluntary Specifications for High Performance Organic Coatings on Coil Coated Architectural Hot Dipped Galvanized (HDG) & Zinc -Aluminum Coated Steel Substrates. 2) AAMA 809.2 - Voluntary Specification Non -Drying Sealants. b. American Society of Civil Engineers (ASCE): www.asce.org/codes-standards: 1) ASCE 7 - Minimum Design Loads for Buildings and Other Structures. C. ASTM International (ASTM): www.astm.or : 1) ASTM A 653 - Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process. 2) ASTM A 755 - Specification for Steel Sheet, Metallic Coated by the Hot -Dip Process and Prepainted by the Coil - Coating Process for Exterior Exposed Building Products. 3) ASTM A 792/A 792M - Standard Specification for Steel Sheet, 55 % Aluminum -Zinc Alloy -Coated by the Hot -Dip Process. 4) ASTM A 980 - Standard Specification for Steel, Sheet, Carbon, Ultra High Strength Cold Rolled. 5) ASTM C 645 - Specification for Nonstructural Steel Framing Members. 6) ASTM C 920 - Specification for Elastomeric Joint Sealants. 7) ASTM D 2244 - Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates. 8) ASTM D 4214 -Test Methods for Evaluating Degree of Chalking of Exterior Paint Films. 9) ASTM E 1592 - Standard Test Method for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference. 10) ASTM E 1646 - Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference. 11) ASTM E 1680 - Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems. 12) ASTM E 1980 - Practice for Calculating Solar Reflectance Index of Horizontal and Low -Sloped Opaque Surfaces. d. Underwriters Laboratories, Inc. (UL): www.ul.com: 1) UL 580 -Tests for Uplift Resistance of Roof Assemblies 3. ADMINISTRATIVE REQUIREMENTS a. Pre -installation Meeting: Prior to erection of framing, conduct pre -installation meeting at site attended by Owner and related trade contractors. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 23 of 29 1) Coordinate building framing in relation to metal panel system. 2) Coordinate openings and penetrations of metal panel system. 3) Coordinate openings and penetrations and manufacturer's accessories with installation of metal panels. 4. QUALITY ASSURANCE a. Manufacturer/Source: Provide metal roof panel assembly and accessories from a single manufacturer providing fixed -base roll forming. b. Manufacturer Qualifications: Approved manufacturer listed in this Section with minimum five years of experience in the manufacture of similar products in successful use in similar applications. 1) Approval of Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review: a) Product data, including certified independent test data indicating compliance with requirements. b) Samples of each component_ c) Sample submittal from similar project. d) Project references: Minimum of five installations not less than five years old, with Owner contact information. e) Sample warranty. 2) Substitutions following award of contract are not allowed. 3) Approved manufacturers must meet separate requirements of Submittals Article. C. Installer Qualifications: Experienced Installer with minimum of five years of experience with successfully completed projects of a similar nature and scope is recommended. 1) Installer's Field Supervisor: Experienced mechanic supervising work on site whenever work is underway. 5. ACTION SUBMITTALS a. Product Data; Manufacturer's data sheets for specified products. b. Drawings, Condition Details or Factory Installation Guide: Show layouts of metal panels. Include details of each condition of installation, panel profiles, and attachment to building. 1) Indicate points of supporting structure that must coordinate with metal panel system installation. 2) Include data indicating compliance with performance requirements. 3) Include structural data indicating compliance with requirements of authorities having jurisdiction. C. Samples for Initial Selection: For each exposed product specified including sealants. Provide representative color charts of manufacturer's full range of colors. d. Samples for Verification: Provide 8" long section of each metal panel profile. Provide color chip verifying color selection. 6. IN FORMATIO NAL SUBMITTALS a. Product Test Reports: Indicating compliance of products with requirements, witnessed by a professional engineer. b. Qualification Information: For Installer firm and Installer's field supervisor. C. Manufacturer's Warranty: Sample copy of manufacturer's standard warranty. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 24 of 29 7. CLOSEOUT SUBMITTALS a. Maintenance data. b. Manufacturer's Warranty: Executed copy of manufacturer's standard warranty. S. DELIVERY, STORAGE, AND HANDLING a. Protect products of metal panel system during shipping, handling, and storage to prevent staining, denting, deterioration of components or other damage. Protect panels and trim bundles during shipping. 1) Deliver, unload, store, and erect metal panel system and accessory items without misshaping panels or exposing panels to surface damage from weather or construction operations. 2) Store in accordance with Manufacturer's written instructions. Provide wood collars for stacking and handling in the field. 9. COORDINATION a. Coordinate sizes, profiles, and locations of roof curbs and other roof -mounted equipment and roof penetrations, based upon sizes of actual selected equipment. 10. WARRANTY a. Special Manufacturer's Warranty: On manufacturer's standard form, in which manufacturer agrees to repair or replace metal panel assemblies that fail in materials and workmanship within one year from date of Substantial Completion. b. Special Panel Finish Warranty: If selected; On Manufacturer's standard form, in which Manufacturer agrees to repair or replace metal panels that evidence deterioration of factory -applied finish within 20 years from date of Substantial Completion, including: 1) A u oro polyme r Two- Coa t System: a) Color fading in excess of 6 Hunter units per ASTM D 2244. b) Chalking in excess of No. 8 rating per ASTM D 4214. c) Failure of adhesion, peeling, checking, or cracking. 11. MANUFACTURER a. Basis of Design Manufacturer: Central States Manufacturing Inc. (CSMI); Lowell, AR (Tel. 800-356-2733), Email: info centralstatesmf .com, Web: www.centralstatesmfg.com. 1) Provide basis of design product, or comparable product approved by Owner prior to bid. 12. PERFORMANCE REQUIREMENTS a. General: Provide metal roof panel system meeting performance requirements as determined by application of specified tests by a qualified testing facility on manufacturer's standard assemblies_ b. Structural Performance: Provide metal panel assemblies capable of withstanding the effects of indicated loads and stresses within limits and under conditions indicated: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 25 of 29 1) Wind Loads: Determine loads based on uniform pressure, importance factor, exposure category, and basic wind speed indicated on drawings. a) Wind Uplift Testing: Certify capacity of metal panels by actual testing of proposed assembly per ASTM E 1592. C. Wind Uplift Resistance: Comply with UL 580 for wind -uplift class UL-90 d. Air Infiltration, ASTM E 1680 e. Water Penetration Static Pressure, ASTM E 1646 f. Thermal Movements: Allow for thermal movements from variations in both ambient and internal temperatures. Accommodate movement of support structure caused by thermal expansion and contraction. Allow for deflection and design for thermal stresses caused by temperature differences from one side of the panel to the other. 13. METAL ROOF PANELS a. Mechanically Seamed Joint, Concealed Fastener, Trapezoidal Seam Metal Roof Panels: Structural metal roof panel consisting of formed metal sheet with raised trapezoidal ribs at panel edges, installed by lapping the edges of adjacent panels and using a mechanical seaming machine, and mechanically attaching panels to supports using concealed clips and fasteners in a weathertight installation. 1) Basis of Design: Central States Manufacturing inc. (CSMI); Central Seam Plus; http://www.centralstatesmfg.com/central-loc/ 2) Aluminum -Zinc Alloy -Coated Steel Sheet: ASTM A 792/A 792M, structural quality, Grade 50, Coating Class AZ50 (Grade 340, Coating Class AZM150), pre -painted by the coil -coating process per ASTM A 755/A 755M. a) Nominal Coated Thickness: 24 gauge b) Panel Surface: Smooth with minor ribs in pan c) Exterior Finish: Fluoropolymer two -coat system d) Color: As selected by Owner from manufacturer's standard colors 3) Panel Width: 24 inches (610 mm) 4) Panel Seam Height: 3 inch 5) Joint Type: Mechanically joined side laps. 14. METAL ROOF PANEL ACCESSORIES a. General: Provide complete metal roof panel assembly incorporating trim, copings, fasciae, gutters and downspouts, and miscellaneous flashings, in manufacturer's standard profiles. Provide required fasteners, closure strips, thermal spacers, splice plates, support plates, and sealants as indicated in manufacturer's written instructions. b. Flashing and Trim: 26 gauge SMP painted trims if bare galvalume panels, or 24 gauge Fluropon trim if Fluropon painted panels are selected. C. Panel Clips: Provide panel clip of type specified, at spacing indicated on approved and provided shop drawings. 1) Two-piece Floating. ASTM C 645, with ASTM A 653/A 653M, G90 (Z180) hot -dip galvanized zinc coating, configured for concealment in panel joints, and identical to clips utilized in tests demonstrating compliance with performance requirements. d. Panel Fasteners: Self -tapping screws and other acceptable corrosion -resistant fasteners recommended by roof panel manufacturer. Where exposed fasteners cannot be avoided, supply fasteners with EPDM or neoprene gaskets and heads matching color of metal panels by means of factory -applied coating ("long life" designated fasteners). City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 26 of 29 e. Joint Sealers: Manufacturer's standard or recommended liquid and preformed sealers and tapes, and as follows: 1) Factory -Applied Searn Sealant: Manufacturer's standard hot -melt type. 2) Tape Sealers: Manufacturer's standard non -curing butyl tape, AAMA 809.2. 15, FABRICATION a. General: Provide factory fabricated and finished metal panels and accessories meeting performance requirements, indicated profiles, and structural requirements. b. Fabricate metal panel joints configured to accept factory -applied sealant providing weathertight seal and preventing metal - to -metal contact and minimizing noise resulting from thermal movement_ c_ Form panels in continuous lengths for full length of detailed runs, except where otherwise indicated on approved shop drawings. d. Sheet Metal Flashing and Trim: Fabricate flashing and trim to comply with manufacturer's written instructions, approved shop drawings, and project drawings. Form from materials matching metal panel substrate and finish. 16_ FINISHES a. Finishes, General: Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions. b. Fluoropolymer Two -Coat System: 0.2 — 0.3 mil primer with 0.7 - 0.8 mil 70 percent PVDF fluoropolymer color coat, AAMA 621, meeting solar reflectance index requirements. 1) Basis of Design: CSMI, Central Guard - Fluropon c. Concealed Finish: 05 mil total dry film thickness consisting of primer coat and wash coat of manufacturer's standard light- colored acrylic or polyester backer finish. PART 2 EXECUTION 1. EXAMINATION a. Examine metal panel system substrate and supports with installer present_ Inspect for erection tolerances and other conditions that would adversely affect installation of metal panel installation. 1) Inspect metal panel support substrate to determine if support components are installed as indicated on approved shop drawings. Confirm presence of acceptable supports at recommended spacing to match installation requirements of metal panels. 2) Panel Support Tolerances: Confirm that panel supports are within tolerances acceptable to metal panel system manufacturer but not greater than the following: a) 1/4 inch (6 mm) in 20 foot (6.1 m) in any direction. b) 3/8 inch (9 mm) over any single roof plane. b, Correct out -of --tolerance work and other deficient conditions prior to proceeding with insulated metal roof panel system installation. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 27 of 29 PREPARATION a. Miscellaneous Supports: Install subframing, girts, furring, and other miscellaneous panel support members according to ASTM C 754. b_ Flashings: Provide flashings as required to complete metal roof panel system. Install in accordance with Section 07 62 00 "Sheet Metal Flashing and Trim" and approved drawings. 3. METAL PANEL INSTALLATION a. Snap -Joint, Trapezoidal Standing Seam Metal Roof Panels: install weathertight metal panel system in accordance with manufacturer's written instructions, approved shop drawings, and project drawings. Install metal roof panels in orientation, sizes, and locations indicated, free of waves, warps, buckles, fastening stresses, and distortions. Anchor panels and other components securely in place_ Provide for thermal and structural movement. b. Attach panels to supports using clips, screws, fasteners, and sealants recommended by manufacturer and indicated on approved shop drawings. 1) Fasten metal panels to supports with concealed clips at each location indicated on approved shop drawings, with spacing and fasteners recommended by manufacturer. 2) Snap Joint: Nest standing seams and fasten together by interlocking and completely engaging factory -applied sealant. 3) Provide weatherproof jacks for pipe and conduit penetrating metal panels of types recommended by manufacturer. 4) Dissimilar Materials: Where elements of metal panel system will come into contact with dissimilar materials, treat faces and edges in contact with dissimilar materials as recommended by manufacturer. 4. ACCESSORY INSTALLATION General: Install metal panel trim, flashing, and accessories using recommended fasteners and joint sealers, with positive anchorage to building, and with weather tight mounting. Provide for thermal expansion. Coordinate installation with flashings and other components_ 1) Install components required for a complete metal panel assembly, including trim, copings, flashings, sealants, closure strips, and similar items. 2) Comply with details of assemblies utilized to establish compliance with performance requirements and manufacturer's written installation instructions. 3) Provide concealed fasteners except where noted on approved drawings. 4) Set units true to line and level as indicated. Install work with laps, joints, and seams that will be permanently weather resistant. b. Joint Sealers: Install joint sealers where indicated and where required for weathertight performance of metal panel assemblies, in accordance with manufacturer's written instructions. 1) Prepare joints and apply sealants per requirements of Division 07 Section "Joint Sealants." S. CLEANING AND PROTECTION Remove temporary protective films immediately in accordance with metal roof panel manufacturer's instructions. Clean finished surfaces as recommended by metal roof panel manufacturer. b. Replace damaged panels and accessories that cannot be repaired to the satisfaction of the Owner. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 28 of 29 FND OF SECTION City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 29 of 29 XKST BANK Branch #: 161 Remitter: Terra Firma Restorations Pay Two Thousand Ninety One Dollars and 00/100 To City of Fayetteville, AR The Order Of Memo CUSTOMER COPY No:1610006757 DATE: 08/27/2020 61-07/829 *********$2,091.00 CASHIER'S CHECK NOT NEGOTIABLE No: 1610006757 �1BANK VEST F[Reer- DATE: 08/27/2020s'�'��erra Firma Restorations *********$2,091.00 o Thousand Ninety One Dollars and 00/100 C ER'ECK of Fayetteville, AR // ' L6 L000�675711' 1:08 290087 2e 100�104594' DATE DESCRIPTION AMOUNT 08/27/2020 1 Cashier's Check Check M 1610006757 Remitter: Terra Firma Restorations Payee: City of Fayetteville, AR Amount: $2,091.00 Fee: $0.00 Total: $2,091.00 Scanned with CamScanner 8/27/2020 Proposal Data Back to Project Bid 20-70, Construction - Facilities Shop Roof Replacement - Proposal Data Show/Hide �' Search Supplier Arkansas AR Secretary of Pursuant Arkansas Code Annotated §25-1-503, the Con Contractor's State Filing # currently boycott Israel and will not boycott Israel Burin License while in contract, with any public entity as defined in §2 contractor decides to boycott Israel, the contractor mw T.F. Thompson Roofing Scorecard Open... 0286900320 811000660 Yes Q Help https://fayetteville-ar.bonfirehub.com/projects/30172/proposal Data 1 /1 Item Number Item Quantity Requir Unit of Measurc Unit Price Bid .• #1-1 Bonding and Insuran 1 Lump Sum 820 #1-2 Roof Replacement (F 1 LS 41000 #1-3 Roof Decking (unit cc 5 EA 0 Contract for Bid 20-70 Appendix C Recommendation for Award CITY OF FAYETTEVILLE ARKANSAS Bid Tabulation Bid 20-70, Construction - Facilities Shop Roof Replacement Deadline: Thursday August 27, 2020 before 2:00 PM, local time Certification of Funds: $55,000.00 Certification of Funds + 25% (Max Allowed Award) : $68,750.00 T.F. Thompson Roofing $41,820.00 Total Cost Quantity Ut in Unit Total # Items Required Price Cost Measure #1-1 Bonding and Insurance 1 Lump Sum $820 $820 Roof Replacement (Purchase and delivery of materials, tear off and disposal of old #1-2 1 LS $41,000.00 $41,000.00 roof, and installation of new roof and gutters) #1-3 Roof Decking (unit cost to replace 4'x'8' 5 EA $0 $0 decking, as needed) None Expected cirr of EE YILL ARKANS AYICANiAS Bid 20-70, Construction - Facilities Shop Roof Replacement Project Overview Project Details Reference ID Bid 20-70, Construction - Facilities Shop Roof Replacement Project Name Bid 20-70, Construction - Facilities Shop Roof Replacement Project Owner Andrea Foren Project Type ITB Department Purchasing Certification of $55,000.00 Funds Project Description Bid 20-69, Construction - Head Start Roof Replacement Open Date Aug 02, 2020 12:00 AM CDT Close Date Aug 27, 2020 2:00 PM CDT Highest Scoring Supplier Score T.F. Thompson Roofing 100 pts cirr of I WO RATETTEVILLE AYRANSM Seal status F— Requested Information Unsealed on -T Unsealed by City's Required Forms Aug 27, 2020 2:01 PM CDT Les McGaugh Bid Bond Aug 27, 2020 2:01 PM CDT Les McGaugh Arkansas Contractor's License Aug 27, 2020 2:01 PM CDT Les McGaugh AR Secretary of State Filing # Aug 27, 2020 2:01 PM CDT Les McGaugh Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Aug 27, 2020 2:01 PM CDT Les McGaugh while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 20-70, Bid Form (BT-03LN) Aug 27, 2020 2:01 PM CDT Les McGaugh corn of RATETTLYILL. AYRAMS" Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Les McGaugh Aug 27, 2020 2:03 PM CDT No CITY OF ri FAYETTEVILL■ ARKANS" Submissions Supplier T.F. Thompson Roofing Date Submitted Aug 27, 2020 11:59 AM CDT Name Email Tyler Kerley tyler.kerley@tfthompson.com Confirmation Code OTY4 Mj I = CITY OF ri FAYETTEVILL■ ARKANS" Scoring Summary Active Submissions Total Total Base Bid Price IWithin Certified Funds Supplier I / 100 pts / 100 pts Pass/Fail T.F. Thompson Roofing 1100 pts 100 pts ($41,820.00) 1 Pass corn of RATETTLYILL. AYRAMS" Signatures Name Andrea Foren (Project Owner) Les McGaugh (Evaluator) Andrea Foren Signatures Digitally signed by Andrea Foren Date: 2020.10.14 11:41:32 -05'00' Les McGaugh Digitally signed by Les McGaugh Date: 2020.10.14 11:40:11-05'00' City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0853 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.10 File Type: Resolution HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO.2 - 2019 DRAINAGE BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $273,600.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION - 2019 DRAINAGE BOND PROJECT WHEREAS, on September 17, 2019, the City Council passed Resolution 211-19 to authorize Mayor Jordan to sign a Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for conceptual drainage design services to alleviate the flooding at the intersection of North College Avenue and East Sunbridge Drive; and WHEREAS, on April 21, 2020, the City Council passed Resolution 124-20 to authorize Amendment No. 1 to the agreement for additional conceptual drainage design services involving an investigation of alternative storm drain routing; and WHEREAS, Hawkins -Weir Engineers, Inc. has provided a proposed scope and additional fee/reimbursables to complete the full design based on the most feasible routing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount of $273,600.00 for engineering design services associated with the project to alleviate flooding near the intersection of North College Avenue and East Sunbridge Avenue. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville Staff Review Form 2020-0853 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 10/8/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract amendment #2 with Hawkins Weir Engineers, Inc. in the amount of $273,600 for a total contract amount not to exceed $374,500 for engineering design services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. 4604.860.7415-5860.02 Account Number 46040.7415.1000 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4604 - Drainage Projects (2019 Bonds) Fund Drainage Project (2019 Bonds), Sunbridge/College Drainage Phase I Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,410,468.00 $ 69,603.58 � 1,340,864.42 $ 273,600.00 S 1,067,264.42 V20180321 2019-00000661 Previous Ordinance or Resolution # 211-19; 124-20 #2019-00000036 Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer CITY COUNCIL MEMO FROM: Alan Pugh, Staff Engineer DATE: October 8, 2020 SUBJECT: Approval of a contract amendment #2 with Hawkins Weir Engineers, Inc. in the amount of $273,600 for a total contract amount not to exceed $374,500 for engineering design services associated with flooding near the intersection of N College Ave and E Sunbridge. RECOMMENDATION: Staff recommends approval of a contract amendment #2 with Hawkins Weir Engineers, Inc. in the amount of $273,600 for a total contract amount not to exceed $374,500 for engineering design services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. BACKGROUND: Hawkins Weir was selected originally for this project by RFQ 19-01 selection #15 with the original contract being approved through resolution 211-19. That contract included conceptual drainage work to determine the impacts of proposed detention basins and the original proposed routing. Subsequently the contract was amended though resolution 124-20 to include an investigation of alternative storm drain routing. Based on the conceptual layouts and investigation, the most feasible routing option determined. DISCUSSION: This project has been identified as one of the projects to be funded by the first phase of the 2019 Drainage Bond Program. Hawkins -Weir Engineers, Inc has provided a proposed scope and an additional fee/reimbursables in the amount of $273,600 to complete the full design based on the most feasible routing. The contract will be paid based on hourly rates for work completed, up to the total contract amount (currently $374,500 including this amendment). The estimated project amount of $1.4 million is subject to changes based on completion of full design. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Drainage Bond Project. Attachments: Engineering Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 hRIVHAWKI N S AWE I R ENGIN E E R S, I N C. Engineering Client Success September 23, 2020 Mr. Alan Pugh, P.E., CFM City of Fayetteville Engineering Department 125 West Mountain Fayetteville, Arkansas 72701 Re: Amendment No. 2 to the Agreement for Professional Services Sunbridge and College Avenue Drainage Improvements Project Fayetteville, Arkansas HWEI Project No. 2019070 Dear Mr. Pugh: Please find attached Amendment No. 2 to the Agreement for engineering services associated with the Sunbridge and College Drainage Improvements Project for the City of Fayetteville, Arkansas. We will commence this work immediately upon your authorization to proceed. If there are changes in scope or protracted delays for reasons beyond our control, we would expect to negotiate with you an equitable adjustment of our compensation taking into consideration the impact of such changes and delays. Should you have any questions, comments, or require additional information, please do not hesitate to call. Sincerely yours, HAWKINS/-WEIR ENGINEERS, INC. J. Kyle Salyer, P.E., P.S. JKS/mcw Enclosures: Amendment No. 2 cc: Ms. Becky Horne, Hawkins -Weir Engineers, Inc. 110 So. 7th Street • P.O. Box 648 • Van Buren, AR 72957 • Ph: (479) 474-1227 • Fax: (479) 474-8531 211 Natural Resources Drive • Little Rock, AR 72205 • Ph: (501) 374-4846 438 East Millsap Road • Suite 200 • Fayetteville, AR 72703 • Ph: (479) 455-2206 403 Garrison Avenue • Suite 101 • Fort Smith, AR 72901 Ph: (479) 242-4685 2019070V1P092320KS.docx tvzvw.hawkins-weir.coin AMENDMENT NO.2 TO THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Sunbridge/College, Phase 1 Drainage Project (HW Project No. 2019070), dated September 17, 2019, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins -Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 2. SECTION 1— SCOPE OF SERVICES 1.1 The City of Fayetteville Engineering Department has directed the Engineer to amend services included in the AGREEMENT on the PROJECT. These amended services include the additional surveying and engineering design services that are needed to complete the final design of the project. The original AGREEMENT and AMENDMENT NO. 1 included conceptual design and alternative alignment evaluation. Detailed services are included in the attached Appendix A, Scope of Services. SECTION 2 — TIME OF SERVICE 2.1 The additional scope of services defined herein will be completed within an additional 270 calendar days added to the 255 calendar days provided in the AGREEMENT and previous AMENDMENT NO. 1. Details of the additional time of services are included in the attached Appendix B, Proposed Schedule. Engineer will proceed with providing the services set forth herein immediately upon execution of this AMENDMENT NO. 2. Amendment No. 2 .doex Page I of 2 September 23, 2020 SECTION 3 — COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed Two Hundred Sixty -One Thousand Eight Hundred Dollars ($261,800.00) plus reimbursable expenses of Eleven Thousand Eight Hundred Dollars ($11,800.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $350,200.00 and the not to exceed reimbursable expenses to $24,300.00, for a total contract amount of $374,500.00. Attachments: Appendix A, Scope of Services dated September 2020 Appendix B, Proposed Schedule dated September 2020 Appendix C, Fee Proposal Breakdown dated September 2020 AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS Honorable Lioneld Jordan, Mayor Date: ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: Y J. Kyle Salyer, P.E., P.S. Vice President Date: Q /Z 3 bozo Amendment No. 2 .docx Page 2 of 2 September 23, 2020 Appendix A Scope of Services Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 September 2020 CITY OF FAYETTEVILLE ARKANSAS Hawkins -Weir Engineers, Inc. (HW) proposes to provide the following surveying and engineering design services for the referenced project. Except as noted below, design services will be limited to the areas shown on the attached vicinity map. Task Description Task 1 — Field Survey Phase Perform a field and utility location survey of the above ground physical features and improvements on the site as necessary to prepare plans for the construction of the proposed street and drainage improvements 2. Perform a topographic survey of the site, including critical spot elevations on existing improvements such as drainage pipe flow lines, curbs, pavement, and drainage structure improvements 3. Perform a survey to determine existing right-of-way and easements 4. Coordinate with Arkansas One -Call for the marking of existing utilities and field locate them as part of the survey work based on the locations marked in the field by the utility owner 5. Prepare a scaled drawing in AutoCAD format 6. Establish on -site survey horizontal and vertical control points for construction (maximum number of 3 horizontal and 2 vertical control points) Task 2 — Preliminary Design Phase 1. Prepare preliminary plans, documents and data as follows: a. Perform drainage design calculations and show all existing and proposed drainage facilities on the plans, on both the plan and profile. Show horizontal and vertical location, elevations, grades and structure detail b. Prepare plans and details of City owned water, sanitary sewer and storm drainage facilities which require relocation to accommodate construction of the proposed drainage improvements c. Prepare construction details which depict all typical items including, but not limited to, drainage inlets and junction boxes, drainage channels and transitions, culvert details, and street crossings 2019070Wppendix A (Amendment No. 2).docx Page 1 d. Draft preliminary notes on plans to fully describe the construction work to be performed e. Prepare recommendation for sequence of construction and prepare preliminary layout of construction phasing and traffic detours, if required f. Prepare preliminary stormwater and erosion control measures on plans 2. Prepare a Request for Proposal (RFP) for Geotechnical Testing 3. Prepare a draft copy of contract documents and specifications 4. Prepare cost estimates for preliminary design 5. Prepare right-of-way information to include the following: a. Identify property subdivisions, existing and proposed rights -of -way and easements, ownership names, addresses, temporary construction easements and related information b. Provide complete information on the plans for proposed acquisitions of right-of-way and permanent and temporary construction easements 6. Coordinate with franchise utility companies including the following: a. Obtain location and size of existing overhead and underground utilities from utility companies b. Attend meetings with each affected utility company to discuss necessary adjustments or relocations 7. Coordinate with the City of Fayetteville to perform field locates by spot digging, utilizing city personnel and equipment 8. Submit Preliminary Design Package including Plans, Specifications, and Estimate and participate in a review meeting with City Staff Task 3 — Final Design Phase 1. Prepare final design calculations, plans, profiles, details, cross sections, street crossings, traffic detours and other items 2. Prepare structural plans for drainage inlets, junction boxes, headwalls, and retaining walls. Utilize the City of Fayetteville format and standard detail drawings where applicable 3. Prepare final stormwater and erosion control measures on plans. As needed, prepare stormwater pollution prevention plan in accordance with the requirements of ADEQ General Permit ARR150000, Part II, Section A.4 4. Prepare Specifications and Contract Documents. The City will provide templates for the front end documents 5. Prepare final construction cost estimate 2019070\Appendix A (Amendment No. 2).docx Page 2 6. Prepare land descriptions and exhibits for permanent and temporary construction Easement Documents (based on an assumed maximum of 20 easements) a. Coordinate with the City of Fayetteville's Land Agent and prepare any required document revisions 7. Participate in a final plan review coordination meeting with the City of Fayetteville Engineering, Street and Utility Departments a. Prepare a meeting summary 8. Participate in a coordination meeting with Franchise Utility Owners a. Prepare a meeting summary 9. Perform internal QA/QC review of design documents 10. Submit public water and sanitary sewer relocation plans to the Arkansas Department of Health 11. Deliver one (1) reproducible full-size copy, two (2) half-size copies, and one (1) electronic copy of the Plans and Specifications to the City for their use Task 4 —Advertising and Bidding Phase 1. Assist the City in advertising the Project for bidding 2. Conduct a Pre -Bid Conference with the Owner and prospective bidders 3. Prepare any necessary bidding Addendums 4. Assist the City in receiving Bids and preparing a Certified Bid Tabulation 5. Review bids and prepare a recommendation to the City for the Award of a Construction Contract 6. Assist in the preparation of Contract Documents for execution between the City and Contractor Exclusions to the Scope of Services The design services provided by Hawkins -Weir do not include the following tasks: 1. Construction Observation or Administration including: submittal review, review or preparation of payment requests, assessment of substantial/final completion, review of Contractor's conformance to construction documents, or preparation of Record Drawings. Any Scope of Services for Construction Phase Services will be considered under a separate agreement or amendment 2. Design or bidding of the project in multiple phases 20190701Appendix A (Amendment No. 2).docx Page 3 3. Evaluation of drainage pipe material 4. Environmental assessment or evaluation of the site 5. Section 404 U.S. Army Corps of Engineers (USACE) permitting including: wetlands delineation, wetland and stream mitigation, cultural resources survey, and U.S. Fish and Wildlife Endangered Species Clearance 6. Construction layout staking for the Contractor, except that HW will minimally provide three (3) construction control points 7. Design of franchise utility relocation plans or service extensions 8. Bid solicitations 9. As -built survey of the final improvements 10. Arkansas Department of Transportation coordination and permitting 11. Street lighting design Attachments: Vicinity Map 20190701Appendix A (Amendment No. 2).docx Page 4 HAWKINSoWEIR I ENGI NEERS, INC. Van Buren I Fort Smith I Fayetteville I Little Rock APPENDIX A VICINITY MAP FOR. CITY OF FAYETTEVILLE rn ' (479)474-1227 1 (479)242-4685 1 (479)455-2206 1 (501)374-4846 www.hawkins-weir.com SCALE: NTS I JOB NO. 201 HN Appendix B Proposed Schedule Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 September 2020 Project Task Complete Field Survey Prepare Preliminary Design and Submit to Owner Prepare Final Design and Submit to Owner Advertise and Bid Project CITY OF FAYETTEVILLE ARKANSAS Days from Notice to Proceed 60 120 210 270 2019070\Appendix B (Amendment No. 2).docx Page 1 Appendix C Sunbridge Drive and College Avenue Drainage Improvements hw City of Fayetteville, Arkansas HWEI Project No. 2019070 September 2020 Task 1 - Field Survey Phase 1. Perform a field and utility location survey of the above ground physical features and improvements on the site as necessary to prepare plans for the construction of the proposed street and drainage improvements 2. Perform a topographic suvey of the site, including critical spot elevations on existing improvements such as drainage pipe flow lines, curbs, pavement, and drainage structure improvements 3. Perform a survey to determine existing right-of-way and easements 4. Coordinate with Arkansas One -Call for the marking of existing utilities and be them down as part of the survey work based on the Locations marked in the field by the utility owner 5. 1 Pre are a scaled drawing in AutoCAD format 6. 1 Establish on -site survey control points for construction Total Hours Task 2 - Preliminary Design Phase IA CITY OF FAYETTEVILLE ARKANSAS Engr VII Engr IV Engr III Surveyor GPS Survey Designer II Tech III Tech 1 Insp II 4 16 48 4 16 48 4 24 40 16 80 E164 80 8 24 0 0 80 240 0 80 0 0 Task Subtotall $56,500 l Engr Engr Engr Surveyor GPS Designer Tech Tech Insp �m iv w 9iniav u w I u 1. Prepare preliminary plans, documents and data as follows a. Perform drainage design calculations and show all existing and proposed drainage facilities on the plans, on both the plan and profile. Show horizontal and vertical location, elevations, grades and structure detail 16 8 40 40 b. Prepare plans and details of City owned water and sanitary sewer facilities which require relocation to accommodate construction of the drainage improvements. 16 8 40 40 c. Prepare construction details which depict all typical items including, but not limited to, drainage inlets and junction boxes, drainage channels and transitions, culvert details, and street crossings 20 40 d. Draft preliminary notes on plans to fully describe the construction work to be performed. 16 8 20 20 e. Prepare reommendation for sequence of construction and preliminary layout of construction phase and traffic detours, if required. 16 20 20 40 f. I Pre are relimina stormwater and erosion control measures on plans. 16 8 2. Prepare a RFP for Geotechnical Testing 4 3. 1 Prepare a draft copy of contract documents ands specifications 12 32 40 4. Prepare cost estimates for preliminary design 12 16 5. Pre are ri ht-of-wa information to include the following a. identify property subdivisions, existing and proposed right-of-way and easements, ownership names, addresses, temporary construction easements and related information 4 4 20 20 16 b. IProvide complete information on plans for proposed acquisitions of right-of-way and permanent and temporary construction easements 4 4 20 20 16 6. Coordinate with franchise utility companies including the following: a. Obtain location and size of existing overhead and underground utilites from utility companies 8 16 b. Attend meetings with each affected utility company to discuss necessary adjustments or relocations 16 8 16 7. Coordinate with the Cityof Fayetteville to perform field locates b sot digging, utilizingCitypersonnel and equipment 4 4 8 4 8. Submit Preliminary Design Package including Plans, Specifications, and Estimate and participate in a review meeting with City Staff 1 4 4 8 I otal Hours =1 12U I 4u I Ybti I 4u U I 4u I Z u ov u Task Subtotal $88 900 2019070\Appendix C (Amendment No. 2).xls Appendix C Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 September 2020 Task 3 - Final Design Phase 2. Prepare structural plans for drainage inlets, junction boxes, headwalls, and retaining walls. Utilize the City of Fayetteville format and standard detail drawings where applicable 3. Prepare final stormwater and erosion control measures on plans. As needed, prepare stormwater pollution prevention plan in accordance with the requirements of ADEQ General Permit ARR150000, Part II Section A.4 4. Preoare Specifications and Contract Documents. The Citv will orovide temolates for the front end documents a. Coordinate with City Land Agent and prepare ar Participate in a coordination meeting with the City of a. Preoare a meetina summary public water and sanitary sewer relocation plans to ADH one (1) reproducible full-size copy, two (2) half-size copies, and one (1) electronic copy of the Plans and Specifications to for their use TM.1 Mn„ - Task 4 - Advertising and Bidding Phase 1� CITY OF FAYETTEVILLE ARKANSAS r aSK aumotal y'luu,vuu Engr VII Engr IV Engr III Surveyor GPS Survey Designer II Tech III Tech 1 Insp II 2 4 8 8 4 4 4 4 4 4 16 20 8 2 4 4 8 2 4 4 4 2 4 4 8 16 24 1 40 1 0 0 0 1 20 40 0 I asK auototar y ra,cvv Item Description Total 1. Outside Services - Title Research Assumed - 10 Parcels @ $250/ arcel - Deed of Record and Easement Research $2,500 2. Outside Service - Geotechnical Testing Estimate $5,000 3. Outside Service - Utility Locates ARKUPS 24 Hrs $94/Hr) $2 300 4. Outside Service - Additional CCTV Investigation $1,000 5. ADH Review Fee Review of Plans and Specifications $500 6. Reproduction & Printing Copies of Plans and Specifications $500 i otai tsumateu Keimoursaoies Task 1 Field Survey Phase $56,800 Task 2 Preliminary Design Phase $88,900 Task 3 Final Design Phase $100,900 Task 4 Advertising and Bidding Phase $15,200 Reimbursable Expenses and Subconsultant Fees $11,800 I otal tngrneerrng ree - Not to txceea 2019070\Appendix C (Amendment No. 2).xls City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0821 Agenda Date: 11/5/2020 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2020-005 (660 W. WHILLOCK STJMISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RMF-12, Residential Multi Family, 12 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville Staff Review Form 2020-0821 Legistar File ID 10/20/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 10/2/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 20, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: October 2, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to rezone the subject proeprty as descrbied and shown in the attached Exhibits `A' and `B'. Staff recommends denial of the request. BACKGROUND: The subject property includes approximately 0.80 acres on the north side of Whillock Street in South Fayetteville. Per the applicant, the building on the property has been used variously as a rectory and a school, but is now a two-family dwelling. The subject property and most others along Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying to the southeast corner of the subject property. In 2017, the property to the west where a church formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant stated at the September 28, 2020 Planning Commission meeting that he would like to develop the property with six duplexes. Public Comment: Staff has received public comment from two nearby property owners expressing concerns about the request. These primarily outlined the potential for additional traffic and parking to adversely impact Whillock, given the street's narrow width. One resident noted that City and other larger vehicles currently have to use private property to turn around due to the dead-end length of Whillock. Land Use Compatibility: In staff's opinion, the uses permitted within the RMF-12 zoning district are generally compatible with those between the subject property and School Avenue. However, the building form and intensity encouraged in the RMF-12 zoning district are incompatible with Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the condition of Whillock Street and the residential uses to the east. Although this area may be ideal for future development in -line with long-range planning goals, this currently appears premature. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the Future Land Use Map but not the goals outlined in City Plan 2040. Although properties designated as City Neighborhood Area are intended to be developed with the widest range of residential and nonresidential uses, staff asserts that the current proposal for the subject property is in direct contravention with encouragement of appropriate infill. As indicated by the property's infill matrix score of 3, the property and wider neighborhood along Whillock has minimal access to the amenities and services that support infill and make it successfully contribute to an area. Similarly, Whillock's dead-end status limits opportunities for creating a complete, compact, and connected neighborhood that offers the framework to positively support growth and density. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 3 for the subject property. The following elements of the matrix contribute to the score: • Future Land Use Map (City Neighborhood Area) • Near Water Main (Whillock) • Near Sewer Main (Whillock) Note: The City is currently under development review for a fire station on South School, approximately'/2 mile from the subject property. DISCUSSION: On September 14, 2020, the Planning Commission tabled the proposal and requested that staff provide additional information about the 2017 rezoning approved to the west, the adequacy of Whillock Street in terms of Fire Department access, a wider context of land uses in the area, and potential alternatives to the applicant's proposal. Staff provided this information for the September 28, 2020 Planning Commission meeting (see attached staff report). At the meeting, the Commissioners discussed varying issues, including the inconsistency of approving the rezoning to the west, but not on the subject property, the lack of turnaround for emergency services and other City vehicles, the inherent amenities presented by nearby employment and highway access, the Growth Concept Map of City Plan 2040 with its anticipated growth center to the northwest, and lastly, the balance of adequate infrastructure and desired land uses where zoning should be set for a desired outcome prior to public improvement. Ultimately, the Planning Commission forwarded the request to the City Council, recommending approval, by a vote of 7-2-0. Commissioner Belden made the motion to forward with Commissioner Hoffman providing the second. Commissioners Garlock and Paxton dissented. No public comment was heard at the meeting, although a resident that issued comment after staff report publication (attached) attempted to participate, but appeared to have technical issues. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report • Public Comment RZN-2020-000005 Mistretta RZN-2020-000005 Close up view EXHIBIT IN Ff SKEL-TON ST � j I o j 0 I I I C-2 I RSF-4 I Subject Property i Cn w U > a a - W J /, • •.. N 2 / RI-12 JP U WHILLOCK-ST NONE!,i' NORTH Legend RSF-4 Hillside -Hilltop Overlay District RI-12 Feet RMF-6 — ` Planning Area I-1 Heavy Commercial and Light Industrial L — Fayetteville City Limits C-2 -- 0 75 150 300 450 600 — I Design Overlay District 1 inch = 200 feet Building Footprint RZN-2020-000005 EXHIBIT 'B' PT NE NW 0.82 A. FURTHER DESCRIBED FROM 2012-27028 AS: A Part of the Northeast 1/4 of the Northwest 1/4 of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33; thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of 630.00 feet to a found iron pin marking the POINT OF BEGINNING; thence continuing along said North line, South 89 degrees, 58 minutes, 0 seconds East a distance of 80.00 feet to a set rebar; thence leaving said North line, South 02 degrees, 58 minutes, 53 seconds East a distance of 192.26 feet to a set rebar; thence North 89 degrees,49 minutes, 53 seconds West a distance of 90.00 feet to a found iron pin; thence North a distance of191.78 feet to the POINT OF BEGINNING, containing 0.37 acres, more or less. AND A Part of the Northeast 1/4 of the Northwest 1/4 of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33; thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of 710.00 feet to a set rebar marking the POINT OF BEGINNING; thence continuing along said North line, South 89 degrees, 58 minutes, 0 seconds, East a distance of 90.09 feet to a found 3/8 Inch rebar; thence leaving said North line, South 08 degrees, 49 minutes, 56 seconds East a distance of 194.58 feet, to a found iron pin; thence North 89 degrees, 49 minutes, 53 seconds West a distance of 109.97 feet to a set rebar; thence North 02 degrees, 58 minutes, 53 seconds West a distance of 192.26 feet to the POINT OF BEGINNING; containing 0.44 acres more or less. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: September 28, 2020 (Updated with Planning Commission Results) SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN-2020-000005. RECOMMENDED MOTION: "I move to deny RZN-2020-000005." SEPTEMBER 14, 2020 PLANNING COMMISSION MEETING: On September 14t", the Planning Commission tabled the item pending additional information to guide their decision. The Commission requested the following: • Staff report for the adjacent property's 2017 rezoning, RZN 17-5997 (attached) Fire Marshal evaluation of Whillock Street: The Fire Marshal performed a site visit and measured the length of the street as approximately 1,350 feet and its width as 18 feet from edge -of -asphalt to edge -of -asphalt. Dead end roads in between 501 and 750 are required under fire code to provide a minimum 26-foot width and a 96-foot diameter turnaround, neither of which are present on Whillock. Dead ends in excess of 750 fee require these elements and special approval. Context: Whillock is a dead end street that has seen limited new construction since 1965. Buildings near School tend to be built near Whillock, while those further uphill, towards the dead end, are setback well away from the street. This neighborhood is separated from other residential uses by large undeveloped lots. The adjacent School Avenue is the location of numerous businesses, from manufacturing and vehicle sales to convenient stores and County facilities. School Avenue at is intersection with Whillock is a state highway. • Alternative Zoning Districts: Per the applicant's comments, their desire is to build two 2-family dwellings. Based on informal measurements and County parcel records, the two duplexes could be developed by -right under RI-12, RI-U, any RMF district, or any mixed -use zoning district that requires urban form. By conditional use, two 2-family dwellings are permitted in RSF-4, -7, -8, and -18. BACKGROUND: The subject property includes approximately 0.80 acres on the north side of Whillock Street in South Fayetteville. Per the applicant, the building on the property has been used variously as a rectory and a school, but is now a two-family dwelling. The subject property and most others along Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying to the southwest corner of the subject property. In 2017, the property to the west where a church formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -family Residential RSF-4, Residential Single-family, 4 Units per Acre South Undeveloped RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Former Church (Possibly Residential) RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant has not indicated plans for the property. Public Comment: (attached). These impact Whillock. Staff has received public comment expressing concerns about the request primarily outlined the potential for additional traffic and parking to adversely INFRASTRUCTURE: Streets: The subject property has frontage to West Whillock Street, an unimproved Residential Link with no curb and gutter, sidewalks, or greenspace. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present along Whillock Street. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along Whillock Street. Drainage: While the property is not within a FEMA-designated floodplain nor is it the location of a protected stream, portions of the property are within the HHOD. Any additional improvements or requirements for drainage will be determined at the time of development. Fire: The property is protected by Station 6, located at 900 South Hollywood, which is about 3.2 miles away with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. In the future, a new fire station is proposed at 2260 South School Avenue. The subject property will be served by this location with an anticipated response time of 5.2 minutes. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 3.5. The following elements of the matrix contribute to the score: • Future Land Use Map (City Neighborhood Area) • Near Water Main (Whitlock) • Near Sewer Main (Whitlock) Note: The City is currently evaluating fire station locations in South Fayetteville, including one location approximately'/2 mile from the subject property which would likely result in a sub-4 minute response time. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: In staff's opinion, the uses permitted within the RMF-12 zoning district are generallyt compatible with those between the subject property and School Avenue. However, the building form and intensity encouraged in the RMF-12 zoning district are incompatible with he condition of Whillock Street and the residential uses to the east. Although this area may be ideal for future development in -line with long-range planning goals, this currently appears premature. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the Future Land Use Map but not the goals outlined in City Plan 2040. Although properties designated as City Neighborhood Area are intended to be developed with the widest range of residential and nonresidential uses, staff asserts that the current proposal for the subject property is in direct contravention with encouragement of appropriate infill. As indicated by the property's infill matrix score of 3, the property and wider neighborhood along Whillock has minimal access to the amenities and services that support infill and make it successfully contribute to an area. Similarly, Whillock's dead-end status limits opportunities for creating a complete, compact, and connected neighborhood that offers the framework to positively support growth and density. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant's request letter describes the proposal as justified given the previous non-residential use of the property. Additionally, they cite the 2017 rezoning of the property to the west to RI-12 as reasoning for approval of their request. While staff finds that the Future Land Use Map provides some support for the rezoning, overriding concerns regarding land use, access to services and amenities, and existing infrastructure supersede this. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff does not find the applicant's proposal to represent a traffic danger, but development of the property under the RMF-12 zoning district, and under a development threshold that does not necessitate street improvements, may adversely affect the functioning of Whillock. Whillock is narrow, at less than 20-foot in width in several places, with no curb and gutter or sidewalk. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RMF-12 will lead to an increased density potential over the current RSF-4 zoning designation. However, there are existing and adequate water and sanitary sewer services to support development. Additionally, neither the Police or Fire Departments, nor the Fayetteville Public School District expressed concerns with the rezoning. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Not applicable. The property is currently being used residentially, and denial of this request does not preclude continued use. Similarly, staff does not find the City Council's decision to rezone the adjacent former church to indicate the appropriateness of rezoning the subject property. RECOMMENDATION: Planning staff recommends denial of RZN-2020-00005. PLANNING COMMISSION ACTION: Required YES Date: September 28, 2020 0 Tabled 0 Forwarded O Denied Motion: Belden, recommending approval (Second: Hoffman Vote: 5-2-0, Paxton and Garlock dissentin BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Multi -family, 4 Units per Acre o §161.14 — RMF-12, Residential Multi -family, 12 Units per Acre • Staff Report, RZN 17-5997 (Moldenhauer) • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development Single-family Two (2) family dwellings dwellings Units per acre 14 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per d IIit 8,000 square feet 6,000 square feet ' we ng uni Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit 60 feet 70 feet 8,000 square feet 12,000 square feet 81000 square feet 6,000 square feet :) Setback Requirements. :ront Side Rear 5 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities [nit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 12 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single family 45 feet Two (2) family 45 feet Three (3) and more 80 feet Professional offices 100 feet (2) Lot Area Minimum. [Manufactured home park FLot within a manufactured home park Townhouse: Individual lot Single-family [Two (2) family [Three (3) or more Fraternity or Sorority Professional offices 3 acres 4,200 square feet 2,500 square feet 4,500 square feet 6,000 square feet 9,000 square feet 2 acres 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Front Side Other Uses A build -to zone that is located between the front property line and a line 25 feet 8 feet from the front property line. Side Single & Rear Rear Two (2) Other Single Family Uses Family 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) PLANNING COMMISSION MEMO CITY OF FAYETTEVILLE ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner MEETING DATE: 017 UPDATE 12-15-2017 SUBJECT: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER, 717): Submitted by TIM MOLDENHAUER for property at 690 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.54 acres. The request is to rezone the properties to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 17-5997 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The property is located on the north side of Whillock Street, east of south School Street. The site contains a 1,889 square foot concrete block building constructed in the 1948. The building has been used as a church, and appears to have been constructed for that use. The property contains approximately 0.54 acres, and is zoned RSF-4, Residential Single-family. The property is surrounded by a variety of land uses including single-family, two-family, and undeveloped land. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial/Single- RSF-4, Residential Sing le-Family/C2, family/Undeveloped Thoroughfar/e Commercial South Two-family Homes RSF-4, Residential Single -Family East Single-family Homes/ Two-family RSF-4, Residential Single -Family Homes West Single-family Homes RSF-4, Residential Single -Family DISCUSSION: Request: The property owner requests to rezone the property to RI-12, Residential Intermediate/12 units per acre. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Mailing Address: Planning Uommission D ember 11, 2017 113 W. Mountain Street www.fayettevlI IeA�6gRyItem 7 Fayetteville, AR 72701 17-5997 Moldenhauer Page 1 of 16 Streets: The subject parcel has access to West Whillock Street. Whillock Street is an unapproved two lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is a 6-inch main along West Whillock Street. Sewer: Public sewer is available to the site. There is a 8-inch main along West Whillock Street. Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the HHOD. There are no protected streams on this parcel. There are no hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department had no comment. Police: The Police Department had no comment. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. City Neighborhood Guiding Policies: a. Protect adjoining properties from the potential adverse impacts associated with non- residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values. b. Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. c. Reduce the length and number of vehicle trips generated by residential development by enhancing the accessibility to these areas; encourage walkability as part of the street function. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposal to rezone the property to the RI-12 zoning district will allow the property to be developed with moderate density residential uses that are consistent with City policies and goals for the neighborhood. Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 2 of 16 Land Use Compatibility: The proposed zoning is compatible with surrounding land uses, currently a variety of parcel sizes and shapes developed with a combination of single and two-family homes. The RI-12 zoning district would allow the subject property to be divided into two lots, on which 1,2,3, or 4 units could be constructed. The practical limit of units is considerably lower, however. The Property was developed as a church several decades ago. As such, the property is recognized as an area with an established use of greater intensity than the remainder of the surrounding neighborhood; the higher density zoning would be compatible with the character of the neighborhood. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map, which designates this property as City Neighborhood Area, which anticipates a wide variety of land uses, including dense residential development and commercial uses where appropriate. The proposed zoning allows development patterns that encourage traditional town forms intended to decrease vehicle trips and create walkable environments over time. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed rezoning from low density residential zoning to an intermediate density is justified. This is due in part because the property contains an institutional building that has been vacate for several years and is apparently not suited to single-family residential use. The proposal will create opportunity for appropriate infill development, the first goal of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Whillock Street, a partially improved two lane, dead end street with low traffic volumes. The proposed zoning would allow uses likely to increase traffic in the area, but staff finds that development is unlikely to contribute to traffic danger and congestion at this location. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RI-12 will allow residential development at increased residential densities more than is currently allowed, however that development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines Planning Commission December 11, 2017 Agenda Item 7 17-5997 Moldenhauer Page 3 of 16 a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 17-5933 to the City Council with a recommendation for approval as proposed. RECOMMENDED MOTION: "I move to forward RZN 17-5997 to the City Council with a Planning Commission recommendation of approval." PLANNING COMMISSION ACTION: Required YES Date: December 11, 2017 O Tabled N Forwarded O Denied Motion: HOFFMAN, MOTION TO FORWARD AS RECOMMENDED BY STAFF. (Second: SCROGGIN (Vote: 7-0-0 CITY COUNCIL ACTION: Required YES Date: January 2, 2017 O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family/4 units per acre o §161.11, RI-12, Residential Intermediate 12 Units per acre • Fire Department Comments • Request Letter • Proposed Rezoning Exhibit • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 4 of 16 UDC SECTIONS 161.07 - District RSFA Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. 7Unit2 1 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single- Two (2) family family dwellings 1 dwellings Units per 4 or less 7 or less acre Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 5 of 16 (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 12,000 minimum square feet 8,000 square feet 6,000 square Land area per dwelling unit square feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 81000 12,000 District Lot square feet square feet area minimum Land area 8,000 6,000 square per dwelling unit square feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 6 of 16 161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit Three (3) and four (4) family 10 dwellings Unit 41 Accessory dwellings u n 7WT 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 1 Cultural and recreational facilities Unit 5T Government facilities Unit Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 7 of 16 (D) Bulk and Area Regulations. Single- Two (2) Three (3) family family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 1 7,260 F0,890 square minimum square square feet feet feet. (E) Setback Requirements. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side Side Other Single & Uses Two (2) family Rear Rear Other Single Uses Family 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 1 30/45 feet *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right -of- way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 8 of 16 Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , § 1, 11-1-16; Ord. No. 5945, § §4, 8, 9, 1-17-17) Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1- 17-17) Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 9 of 16 CITY OF Fay� 7-11e ARKANSAS TO: Quin Thompson, Planner CC: Assistant Chief Harley Hunt, Fire Marshal Battalion Chief Brian Sloat, Deputy Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: December 6, 2017 SUBJECT: RZN 17-5997: Rezone (690 W. Whillock St./Moldenhauer, 717) The Fire Department has no issues with the rezoning request. Fire access, water supply, and fire protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. FAYETTEVILLE FIRE MARSHAL'S ❑FFICE Planning Commission De ember 11, 2017 833 N. Crossover Road www.fayettevll�(6A�6W6WItem 7 Fayetteville, AR 72701-2701 17-5997 Moldenhauer Page 10 of 16 Page 11of10 October 24, 2017 Fayetteville Planning Commission To Whom It May Concern, Please accept this request to rezone 690 W Willock St, 765-15503-000. The current zoning is RSF-4 and the desired zoning is RI-12. 5incerel Tim oldenhauer Moldenhauer Real Estate Inc 479-790-1683 Planning Commission December 11, 2017 Agenda Item 7 17-5997 Moldenhauer Page 12 of 16 Agenda Item 7 17-5997 Moldenhauer Page 13 of 16 Agenda Item 7 17-5997 Moldenhauer Page 14 of 16 Agenda Item 7 17-5997 Moldenhauer Page 15 of 16 RZN 17-5997 Future Land Use GREENWOOD ST - r -S RE ` ,1MONTGOMERY ST i 21 SUNRISE MOUNTAIN RD Legend Planning Area - - Fayetteville City Limits Trail (Proposed) I _ J Design Overlay District Building Footprint MOLDENHAUER Feet 0 145 290 580 870 1 inch = 400 feet NORTH FUTURE LAND USE 2030 _ Rural Area Residential Neighborhood Area - City Neighborhood Area 1,160 Industrial Planning Co mission Dec mber 1, 2017 Agenda Item 7 17-5997 Moldenhauer Page 16 of 16 RZN-2020-000005 Request Letter Compatibility Statement This lot has served as a home for non-residential activities in the past, including the site of a rectory, church parking, and a school, with the acceptance of the neighborhood. In fact, the adjacent lot to the west has been approved for a even more aggressive rezoning. This being RI-12. Planning Commission September 14, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 9 of 15 Curth, Jonathan From: Moore, Tammy <Tammy.Moore@us.loomis.com> Sent: Tuesday, August 25, 2020 2:23 PM To: Curth, Jonathan Cc: jntmoore6l@aol.com Subject: RE: Rezoning 660 W Whillock st RZN-2020-000005 Public Comment CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening Mr. Curth, To start my name is Tammy Moore and my husband and I reside at 506 W Whillock St. Fayetteville, AR 72701. We have lived on Whillock 23yrs this August. We moved here because it was a place to start and raise our family. A place that was close enough to the city, yet secluded enough to still have that "out in the country" feel. I have a few concerns about the rezoning of the land at 660 Whillock. Traffic/parking: We already struggle to get out of our drives, because the road has been built up so much over years, having to stop for oncoming traffic while going up and down the road or dodge parked cars taking up an already narrow road in areas. It's a dead end street with little, to no, goods turn around areas. And the trash men on many occasions have issues even getting recycling on Thursdays. So I ask, how does this get fixed without major inconvenience to those of us that live at the dead end if someone decided to build multifamily spaces? Can the street handle the additional traffic? Street: Wouldn't the street have to be widen and/or repaired? What will that intel? Will those of us on the dead end with no other exit could we be impacted? Curbs, sidewalks and drainage: Our street has none of these. I'm not a contractor or developer, but, wouldn't we have to have something if we are developing new construction on the street that will be adding additional homes/multifamily spaces? Hill Top: How would this effect the Hill Top Water area. I'm actually very confused about this one. I have been told we are in the Hill Top and then I have been told we aren't. We need better clarification on this. What about my land?: We own the 5.32 acres that meets his property. If they build how does my property get protect from additional erosion? What happens to my property value? What more will this cost me in the end to protect what is mine? If you have never been on our street take a trip one day. It is well established, and yes it is very quiet and we all have our own space. We aren't sitting on top of each other. More residents on our street, means more people, more people means more traffic and no more quite street. Thank you for your time Planning Commission September 14, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 10 of 15 Thank you, Mrs. Tammy Moore 506 W Whillock St Fayetteville , AR 72701 479-200-1262 Planning Commission September 14, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 11 of 15 RZN-2020-000005 One Mile View Mistretta 0 0.125 0.25 0.5 Miles � I-1 I 6,Q�cyT Q t O O 4\ 2 U 1vo Subject Property W WILLOUGHBY RD Legend Planning Area Fayetteville City Limits L — — Trail (Proposed) a ,-_---1 ---- ;Planning Area -- -- j_—__ J Design Overlay District Fayetteville City Limits _ RSF-4 NORTH Zoning RESIDENTIAL SINGLE-FAMILY L2 General Ind. —I EXTRACTION NSG 11 RI-U COMMERCIAL RI-12 Reaieaneal-OMce � NSL C-1 � Re.ieaneal-Agn.1-1 C-2 RSF-.8 = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Care RSF-4 UTHI Tbemug— RSF-] � Meln I— Center I — Downtown General RSF-18 Cemmunty Service. RESIDENTIAL MULTI -FAMILY Neigbbemeee Servi.. -1 M Neigbbmbeee Cm.ervaeen W112 PLANNED ZONING DISTRICTS RMF-18 = Cemmemial, Ind—1, Reaieentlal W124 INSTITUTIONAL W140 1 INDUSTRIAL 41 Heary Commensal one light lneusVial Planning Cor ssion 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 12 of 15 RZN-2020-000005 Close Up View ZP N w U > UJ a J a00 \ cvn Legend Hillside -Hilltop Overlay District ` Planning Area — Fayetteville City Limits Design Overlay District Building Footprint Mistretta Feet 0 75 150 300 450 1 inch = 200 feet :11 RSF-4 RI-12 RMF-6 I-1 Heavy Commercial and Light Industrial C-2 Planning Conjmission S@p% ..4ti4"4, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 13 of 15 RZN-2020-000005 Current Land Use Mistretta Ik • +. .. y k, Undeveloped j J � I . I i I Subject Vacant Property f' Single -Family Residential _ I I • �_ ,�- WHILLOCK ST: - -. - - - -. - - - -' . l Single -Family Residential i Undeveloped I � Single-Family Residential - to r�'.i -a �.. •... : _ _ _; Planning Area - - -; Fayetteville City Limits I _ j Design Overlay District Feet 0 35 70 140 210 1 inch = 100 feet 280 FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Conjmission S@p%@;QWQ-'4, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 14 of 15 RZN-2020-000005 Future Land Use LTL ST G Ix r ----- --.rim Industrial Civic Instituti nal Legend Planning Area L � Fayetteville City Limits L Trail (Proposed) I _ J Design Overlay District Building Footprint Mistretta I i I I SKELTON ST I I I I I I _! City Neighborhood I j Subject Property i Feet 0 112.5 225 450 675 1 inch = 300 feet Iffiellakwo Rural Residential City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 900 Residential Neighborhood 111 Rural Residential Urban Center Planning Cc ssion 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 15 of 15 Curth, Jonathan From: Planning Shared Sent: Thursday, September 24, 2020 5:22 PM To: Curth, Jonathan Subject: FW: Zoning change 660W. Whillock Willie Benson Planning Technician Planning Division City of Fayetteville, Arkansas 479-718-7625 -----Original Message ----- From: Russell <russellmc@cox.net> Sent: Wednesday, September 23, 2020 1:34 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Zoning change 660W. Whillock 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. Commissioners, My name is Russell Cable and I live at 701 W. Whillock St. I'm writing in response to the re -zoning of 660 W. Whillock to a RMF-12. Here are my 2 major concerns: 1. The street isn't sufficient to handle the extra traffic and emergency vehicles. It's a dead end street with no turn around area at the end. It's not a cul-de-sac. The width along with no sidewalks and open deep ditches makes it difficult for turning around if needed. The recycling and sanitation trucks currently have to back up the majority of the length of the street for services. They use the "old" church drive way for that. 2. Sidewalks. There are no sidewalks on this street or where it joins S.School. This could also be an issue seeing that it's in the Greenland school district and within walking distance to the school. Russell Cable i City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0827 Agenda Date: 11/5/2020 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Resolution Agenda Number: B.2 CUP 2020-003 CLUSTER HOUSING APPEAL: A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, TERESA TURK, AND MARK KINION AND DENY THE CONDITIONAL USE PERMIT CUP 2020-003 FOR A CLUSTER HOUSING DEVELOPMENT AND LIMITED BUSINESS WITH ASSOCIATED PARKING AT 1629 NORTH CROSSOVER ROAD WHEREAS, the Planning Commission approved Conditional Use Permit CUP 2020-003 on September 14, 2020 for a proposed cluster housing development with ten single-family units and approximately 4,576 square feet of limited business with associated parking; and WHEREAS, Council Members Sarah Bunch, Teresa Turk and Mark Kinion have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby denies conditional use permit CUP-2020-003 for a proposed cluster housing development and limited business uses with associated parking at 1629 North Crossover Road [or] approves conditional use permit CUP-2020-003 with the following additional or changed conditions: City of Fayetteville, Arkansas Page 1 Printed on 1012212020 From: Bunch. Sarah To: Ci CI rk; Blake Pennington Cc: Matthew Robinson; Kinion, Mark; Turk, Teresa Subject: Appeal CUP 1629 N. Crossover Rd. Date: Monday, September 21, 2020 10:03:00 AM Dear Kara, I have been asked to appeal CUP for 1629 N. Crossover Rd. I believe it was listed on the Planning Commission agenda as CUP 2020-000003, Cluster Development submitted by Lamb Development, Inc. I am sorry for any confusion, but when I spoke with Mr. Robinson on Saturday he told me he believed another council member had already appealed the CUP. I emailed the City Attorney on Saturday, and my response this morning revealed I had neglected to indicate which sections of code I found objectionable. Additionally, all council members had forgotten to contact your office .... we all went right to the City Attorney. I would like to appeal the CUP 1629 N. Crossover Rd based on the following sections of code suggested by Blake. 1. 163.02(C)(3)(b) — That the granting of the conditional use will not adversely affect the public interest. 2. 163.02(C)(3)(c)(ii) —That satisfactory provisions and arrangements have been made concerning the following, where applicable: a. Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; c. Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading; e. Screening and buffering with reference to type, dimensions, and character; h. general compatibility with adjacent properties and other property in the district. Is it possible that this appeal be walked on to our agenda tomorrow? If not it will be fine just as long as we are within the time period to file an appeal. Please let me know if you need anything else. Sarah Bunch Ward 3, Pos 2 From: Turk, Teresa To: CityClerk Cc: Williams, Kit; Pennington, Blake; Kinion, Mark; Matthew Robinson Subject: Appeal of the CUP for 1629 N Crossover Rd Date: Monday, September 21, 2020 1:22:30 PM Hi Kara, I would like to co-sponsor the appeal of the Planning Commissions approval of the CUP for 1629 N Crossover Rd based upon its concerns for street safety, the public interest, or street access especially for fire department, and the incompatibility with the adjacent properties in the area. Please let me know if you require additional supporting information. Thank you, Teresa 1. 163.02(C)(3)(b) — That the granting of the conditional use will not adversely affect the public interest. 2. 163.02(C)(3)(c)(ii) —That satisfactory provisions and arrangements have been made concerning the following, where applicable: a. Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; c. Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading; e. Screening and buffering with reference to type, dimensions, and character; h. general compatibility with adjacent properties and other property in the district Teresa Turk City Council Member Ward 4 Position 1 Fayetteville, AR 72701 ward4_posl@fayetteville-ar.gov 206.713.2265 From: Curth, Jonathan To: Curth, Jonathan Subject: RE: Appeal of the CUP for 1629 N. Crossover Date: Thursday, October 01, 2020 8:55:04 AM From: Kinion, Mark<ward2_posl(@fayetteville-ar.g_ov> Sent: Tuesday, September 22, 2020 2:55 PM To: Pennington, Blake<boennington(@fayetteville-ar.gov> Cc: Turk, Teresa <ward4_ posl(cDfayetteville-ar.gov>; Matthew Robinson <mattrobinson.pe(@gmail.com>; Williams, Kit<kwilliams(@fayetteville-ar.gov>; CityClerk <cityclerk(cDfayetteville-ar.gov> Subject: Re: Appeal of the CUP for 1629 N. Crossover I agree with all of these statements. Mark Kinion On Sep 21, 2020, at 9:26 AM, Pennington, Blake<bpennington(cDfayetteville-ar.gov> wrote: Thanks. Will you also please forward your appeal emails to cityclerk(@fayetteville- ar.gov? Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bl2enningtonnfayetteville-ar.gov From: Turk, Teresa <ward4_ posl(cDfayetteville-ar.gov> Sent: Monday, September 21, 2020 8:38 AM To: Pennington, Blake<bpennington(@fayetteville-ar.gov>; Kinion, Mark <wa rd 2_pos 1 (@fayettevi I le -a r.gov> Cc: Matthew Robinson <mattrobinson.pe(@gmail.com>; Williams, Kit <kwi I I is ms CcDfayettevi I le -a r.gov> Subject: Re: Appeal of the CUP for 1629 N. Crossover Good Morning Blake, Thank you for identifying the reasons for the appeal. This is the first time I have co -sponsored an appeal so your guidance is helpful. I confirm these are the reasons for the appeal. Thanks again and let me know if you need any additional information, Teresa From: Pennington, Blake<boennington(cDfa)zetteville-ar.gov> Sent: Monday, September 21, 2020 8:24 AM To: Turk, Teresa<ward4_posl(@fayetteville-ar.gov>; Kinion, Mark <ward2 pos1(@fa)1etteville-ar.gov> Cc: Matthew Robinson <mattrobinson.pe(@gmail.com>; Williams, Kit <kwilliams(@fa)letteville-ar.gov> Subject: RE: Appeal of the CUP for 1629 N. Crossover Good morning, Teresa and Mark. Your emails have been received. Just as a matter of procedure, Section 155.02 — Form/Time/Place of the Appeals chapter says that "all appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the reasons the applicant contends the decision was in error." By adopting Mr. Robinson's reasons for appeal below you have satisfied the second element (reasons the decision was in error) but the first (applicable UDC section) is missing. It appears to me that, based on these reasons, the applicable UDC section(s) would be: 1. 163.02(C)(3)(b) —That the granting of the conditional use will not adversely affect the public interest. 2. 163.02(C)(3)(c)(ii) —That satisfactory provisions and arrangements have been made concerning the following, where applicable: a. Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; c. Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading; e. Screening and buffering with reference to type, dimensions, and character; h. general compatibility with adjacent properties and other property in the district Would you please confirm whether you agree with these as the applicable UDC sections? Thank you, Blake Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bnennington&fayetteville-ar. gov From: Turk, Teresa <ward4_poslWayetteville-ar.gov> Sent: Friday, September 18, 2020 5:49 PM To: Kinion, Mark<ward2_posl(@fayetteville-ar.gov> Cc: Matthew Robinson <mattrobinson.pePgmail.com>; Williams, Kit <kwilliams(@fayetteville-ar.gov>; Pennington, Blake<baennington(@fayetteville-ar.gov> Subject: Re: Appeal of the CUP for 1629 N. Crossover Hi Kit, I will be happy to co-sponsor the appeal with council member Kinion. Teresa Sent from my iPhone On Sep 18, 2020, at 5:34 PM, Kinion, Mark <ward2_poslPfayetteville- ar.gov> wrote: Kit, I would like to sponsor conditional use appeal on behalf of Matthew Robinson and the Boardwalk Neighborhood. Time is of the essence. See more information below. It is my understanding Council Member Turk will cosponsor. -Mark Kinion Ward 2 Position 1 On Sep 17, 2020, at 9:17 AM, Matthew Robinson <mattrobinson.pe(@gmail.com> wrote: 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. Dear City Council Member Kinion, Please help the Boardwalk neighborhood (86 homes) appeal the Planning Commission's recent decision to approve a Conditional Use Permit allowing business development and cluster housing on a 1.88 acre lot (1629 N. Crossover) in the midst of our neighborhood. Key facts include: 1) 101 residents signed a petition opposed to the CUP. 2) 10 residents spoke during the Planning Commission hearing on a range of problems: a) concerns about traffic safety, the proposal has over 40 parking spaces, indicating significant new traffic onto and off of Crossover near curb cuts for Boardwalk, Inwood, and Meandering Way. b) the businesses and higher density housing are not promoting walkability, all these people will still need to drive to the grocery store, work, and other places c) our neighborhood pond has suffered from construction soil during the development of Summersby, this CUP (a "large-scale development") will produce excessive amounts of soil run-off further clogging our pond, which is integrated into the city's storm d rain system d) our POA amenities are adjacent to the lot and neighbors worry about trespass to tennis courts, pond, playground, and using the private parking lot, all of which are maintained through private dues and volunteer efforts e) the POA private drive has almost no car traffic (only when a person goes to the clubhouse) and is daily used for kids riding bikes and skateboards; neighbors are worried about privacy and safety of young children f) the proposal has a "fire access" onto the private driveowned by the POA and two neighbors, all of whom refuse to surrender their private property rights to the property developer's request for easement g) inserting commercial buildings, parking lots, and a development with covered parking adds noise pollution, light pollution, and possibly smell pollution if large dumpsters will be added to service the site. This also creates spot zoning for commercial as this is completely surrounded by residential single family homes on both sides of Crossover. Planning Commissioner Garlock was the sole vote against the CUP. He said he disfavored "cut-up" neighborhoods. This CUP is in the midst of the neighborhood with about 15% of its border on Crossover and about 85% bordering neighbor's home and the POA amenities. All other commissioners voted to approve the CUP with Commissioner Belden saying, "I don't like RSF- 4." Please speak up for the 101 neighbors who oppose this CUP. Please help us seek an appeal and succeed in reversing the CUP approval. Please feel free to call me at (479) 283-1535 or email me if there are any questions I can help answer. As a separate email, I'll forward the residential signatures opposing this development as it currently stands. Thank you, Matt Robinson, on behalf of the 101 signatories, POA Board and POA Lot Committee CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 2, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: October 20, 2020 CITY COUNCIL MEMO SUBJECT: APPEAL OF: CUP-2020-000003 - Conditional Use Permit (1629 N. CROSSOVER RD./CROSSOVER CLUSTER DEVELOPMENT, 410): Submitted by LAMB DEVELOPMENT, INC. for properties located at 1629 N. CROSSOVER RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.80 acres. The request is for ten single family units in a cluster housing development and 4,576-square feet of limited business with associated parking. RECOMMENDATION: Planning staff recommend sustaining the Planning Commission's approval for conditional use permit CUP-2020-000003. BACKGROUND: The subject property is located on the west side of Crossover Road, across from Inwood Lane and approximately '/2 a mile south of Crossover's intersection with Mission Boulevard. Totaling 1.80 acres, the property is zoned RSF-4, Residential Single-family, 4 Units per Acre, and is the location of the Peter Smyth House which is listed on the National Register of Historic Places. In April of 2018, a request to rezone the property to NS-G, Neighborhood Services, General was denied by the Planning Commission. A subsequent concept plat was shared with the Planning Commission for a mixed -use development, including retail, restaurant, and townhouse elements. The Commission offered varied feedback, with some opposed to nonresidential uses this far from the commercial node at Crossover and Mission, and others concerned with demolition of the historic structure on -site or building design that may clash with the neighborhood. Both the rezoning request and concept plat prompted opposition from members of the surrounding subdivision. More recently, on September 14, 2020 the Planning Commission reviewed and approved a CUP for a cluster housing development of ten single-family dwellings, renovation and repurposing of the historic Peter Smyth House for nonresidential use, and construction of a new nonresidential building. Both cluster housing and businesses of limited scale are permitted as conditional uses in the RSF-4 zoning district. `Limited business' restricts building sizes where structures up to 1,500-square feet allow higher -traffic services, like salons and day cares, strcutures up to 2,000- square feet are allowed to offer retail, such as coffee shops and book stores, and structures up Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to 3,000-square feet are limited to professional offices and studios Request: The request by Councilmembers Bunch, Kinion, and Turk on behalf of a resident is to appeal Planning Commission approval of the CUP for CUP-2020-000003. The appeal is on the grounds that the public interest will be adversely affected and that satisfactory provisions were not made for ingress and egress from the property, off-street parking and its impacts, refuse and service areas, screening and buffering, and general compatibility. DISCUSSION: On September 14, 2020, the Planning Commission approved CUP-2020-000003 by a vote of 8- 1-0. Commissioner Hoffman made the motion, amending the staff report recommendation with the following: Single-family dwellings shall be subject to exterior lighting standards with no exemption; The historic structure shall be required to maintain its historic appearance with allowance made for regular maintenance and use. This includes the modifications proposed by the applicant regarding the historically non-contributing shed roof portion of the structure added after its original construction; and Screening shall be provided along the west property similar to that proposed by staff to the north, including privacy fence and vegetation. Commissioner Belden seconded the motion and upon roll call, Commission Garlock dissented. Ten residents spoke in opposition, citing issues that ranged widely, from adverse effects on property value and the traffic along Crossover, to potential impacts on the POA property and pond to the west. Following confirmation from staff that the development would be subject to detailed development review, Commissioners proceeded to discuss the proposal as submitted. Deliberation included existing infrastructure on Crossover, preservation of the historic structure, the potential for CUP transference to a different owner, and proposed exterior lighting and screening. Further inquiries were made of staff regarding the property's Infill Matrix score (5-6), nonresidential allowances (outline above under `Background'), and access to the POA property (subject to private agreement). BUDGET/STAFF IMPACT: N/A Attachments: • Planning Commission Staff Report • Public Comment Since Planning Commission Staff Report Publication 1p".- - TO: THRU: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jonathan Curth, Development Review Manager September 14, 2020 (Updated with Planning Commission Results) SUBJECT: CUP-2020-000003: Conditional Use Permit (1629 N. CROSSOVER RD./CROSSOVER CLUSTER DEVELOPMENT, 410): Submitted by LAMB DEVELOPMENT, INC. for properties located at 1629 N. CROSSOVER RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.80 acres. The request is for ten single family units in a cluster housing development and 4,576-square feet of limited business with associated parking. RECOMMENDATION: Staff recommends approval of CUP-2020-000003 with conditions, based on the findings contained in this report. RECOMMENDED MOTION: "I move to approve CUP-2020-000003 with conditions, determining: In favor of compatibility with adjacent properties; and In favor of all other conditions as recommended by staff." BACKGROUND: The subject property is located on the west side of Crossover Road, across from Inwood Lane and approximately '/2 a mile south of Crossover's intersection with Mission Boulevard. Totaling 1.80 acres, the property is zoned RSF-4, Residential Single-family, 4 Units per Acre, and is the location of the Peter Smyth House which is listed on the National Register of Historic Places. In April of 2018, a request to rezone the property to NS-G, Neighborhood Services, General was denied by the Planning Commission. A subsequent concept plat was shared with the Planning Commission for a mixed -development, including retail, restaurant, and townhouse elements. The Commission offered mixed feedback, with some opposed to nonresidential uses this far from the commercial node at Crossover and Mission, and others concerned with demolition of the historic structure on -site or building design that may clash with the neighborhood. Both the rezoning request and concept plat prompted opposition from members of the surrounding subdivision. Surrounding land use and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single-family, 4 Unit per Acre South Single-family Residential RSF-4, Residential Single-family, 4 Unit per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Unit per Acre West Boardwalk Subdivision POA Clubhouse and Pool RSF-4, Residential Single-family, 4 Unit per Acre Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 1 of 61 City Plan 2040 Future Land Use Designation: Residential Neighborhood Area Proposal. The applicant requests conditional use permit approval on the property for a cluster housing development of ten detached dwellings, a community building, use of the historic structure for nonresidential use, and one new commercial building. Classified under Fayetteville's Unified Development Code as Use Units 12a and 44, for Limited Business and Cluster Housing respectively, both activities are permitted as conditional uses in the RSF-4 zoning district. Conformance with development requirements, including drainage, tree preservation, and fire apparatus access will be reviewed through the small site improvement plan or large scale development process. Public Comment: Staff has received public comment expressing concern about and in opposition to the proposed conditional use permit (attached). While some have not offered specific aspects of the project to which they are opposed, detailed concerns have been outlined regarding traffic, compatibility, use of the Boardwalk POA facilities to the east, and impacts to the nearby pond. Additionally, several residents have expressed disappointment that the proposal was not readily shared with the neighborhood prior to submittal. RECOMMENDATION: Staff recommends approval of CUP-2020-000003, subject to the following conditions: Conditions of Approval: 1. Planning Commission determination of compatibility. Staff finds the proposed cluster housing development and small-scale nonresidential buildings to be compatible with the surrounding neighborhood based on the findings in this report; 2. Conditional use permit approval of the conditional use permit does not ensure approval of a development application. The conditional use grants the applicant rights to submit a development proposal based on the conceptual layout included herein. However, the applicant must still be able to comply with all other development requirements, including but not limited to, tree preservation, drainage, utility installation and Fire Department access. These details shall be reviewed with the development application. 3. The final project design shall follow the general layout and design of the conditional use concept plan. A development application is required to go through the review process prior to any building permits to ensure compliance with all Unified Development Code requirements; 4. Conditional use permit approval includes shared use of the parking throughout the subject property, regardless of future subdivision; 5. Conditional use permit approval is not indication that the private property to the west may be used for access or by residents of the subject property; 6. Privacy fencing and vegetation shall be installed along the north and south property lines where it is not currently present; 7. Should the Recycling and Trash Division require dumpster service for the development, an enclosure shall not be placed on a property line shared with an existing residential dwelling; Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 2 of 61 8. A condominium association, homeowner's association, or similar mechanism to maintain the common amenities shall be established prior to issuance of construction permits. The City of Fayetteville does not enforce these private agreements, but will require that this agreement be in place prior to issuing building permits; 9. Prior to receiving a certificate of occupancy for the first home all shared parking areas, the looped access driveway, and bike racks shall be installed; 10. Future nonresidential uses shall be subject to the Limited Business standards set forth in §162 and §164 of the Unified Development Code; 11. The maximum number of unrelated persons in any dwelling unit is three, pursuant to the underlying single-family zoning district; and 12. Per §166.20, Expiration of Approved Plans and Permits, conditional use permit approval is for one year. PLANNING COMMISSION ACTION: Required YES Date: September 14, 2020 O Tabled M Approved O Denied Motion: Hoffman, as recommended by staff adding that: 1) single-family dwellings shall not be exempted from exterior lighting exemptions, 2) the existing, Second: Belden historic structure shall be required to maintain its appearance with minimal allowance to continue its Vote: 8-1-0, Garlock dissenting use, including the modifications proposed in the submittal, 3) screening shall be required to the west similar to that proposed by staff to the north and south. FINDINGS OF THE STAFF §163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 3 of 61 C. A conditional use shall not be granted by the Planning Commission unless and until: A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for Use Units 12a and 44 in the RSF-4 zoning district, including permission to develop ten dwelling units, use of the historic structure for nonresidential use, and development of a new approximately 3,000-square foot nonresidential building. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under Unified Development code §161.07 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use is unlikely to negatively affect the public interest. The sizes of both the residential dwellings and the proposed nonresidential uses are of a bulk and scale that compliments the immediately surrounding area. Additionally, the property and its access to existing water, sewer, and street affords the opportunity for infill of a moderate density that is in a compact, complete, and connected form. Finally, staff contends that the wider public interest is served through the proposal's inclusion and sensitive use of the on -site historic structure (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are specific rules governing Use Unit 44, Cluster Housing Development, as follows: Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 4 of 61 §164.22, CLUSTER HOUSING DEVELOPMENT D. Dwellings Permitted. 1. Number of Cluster Housing Units Permitted. A cluster housing development shall contain a maximum of twelve (12) dwelling units. In multi -family zones where the proposed cluster housing development exceeds the minimum open space requirements of 164.22(G)(3)(a) by at least 20%, and in which at least 75% of the planned units are attached dwellings, there shall be no maximum number of dwelling units, except to conform to the density limitations herein. Finding: The proposal is for ten single-family, three -bedroom, detached homes in one cluster housing development. 2. Existing Nonconforming Structures. On a lot to be used for a cluster housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cluster density. Finding: The existing structure on the overall property will remain, but conforms with the underlying RSF-4 zoning district requirements. E. Zoning Regulations. 1. Permitted and Conditional Use. Cluster housing development is permitted as identified in Chapter 161, Zoning Regulations, as a permitted or conditional use. Finding: Use Unit 44 is a conditional use in the RSF-4 zoning district. 2. Density. Cluster housing development permitted as a use by right shall be allowed a density in conformance with the underlying zoning district. Zoning districts that allow cluster housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. Finding: The applicant's submitted plan proposes a density of approximately 6.8 units per acre on an area of 1.48 acres. A cluster housing development in the RSF-4 zoning district is permitted up to 8 units per acre. 3. Bulk and Area Regulations (a.) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots. (b.) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet. (c.) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. Finding: Review of the provided site plan indicates that bulk and area regulations are being met. Lot widths, lot areas, and land area per Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 5 of 61 dwelling unit shall be reviewed in full detail during the development process as a small site improvement plan or large scale development. 4. Setback Requirements All structures shall meet setback and separation requirements of the International Building Code, as applicable. For zoning purposes: (a.) In single family districts, all cluster housing units shall have a minimum separation from one another of ten feet measured from exterior wall to exterior wall, not counting eaves or other architectural projections. (b.) In multi -family districts, there are no separation requirements from one cluster housing structure to another. (c.) The setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district. Finding: Review of the provided site plan indicates that separation and setback requirements for a single-family zoning district are being met both between buildings and from exterior property lines. Separation and setbacks shall be reviewed in full detail during the development process as a small site improvement plan or large scale development. 5. Building Height Regulations. The height for all structures in a cluster housing development shall not exceed the permitted height requirement of the underlying zoning district. Finding: The RSF-4 zoning district permits building heights of three stories. The dwellings proposed by the applicant do not exceed two stories. 6. Building Area. None Finding: N/A 7. Accessory Dwelling Units. Accessory dwelling units are not permitted in cluster housing developments. Finding: Accessory dwellings are not proposed. F. Common Property Maintenance. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cluster housing development residents, through a condominium association, a homeowners' association or a similar mechanism, and shall not be dedicated to the city unless accepted by the City Council. Finding: Proof of Common Property Maintenance regulations will be required during the development process. G. Development Standards. Finding: Development standards including, floor area, building orientation, open space, parking, bicycle racks, Fire Department access, Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 6 of 61 pedestrian connectivity, utilities, and recycling and trash collection shall be reviewed during the development process as a small site improvement plan or large scale development. H. Building Design Standards. 4. Variety in Detached Cluster Housing Units Floor Plans and Architectural Treatments. These standards are intended to avoid the overly repetitive use of the same building design, structural features, detailing or finishes among detached units within the cluster housing development. In cluster housing developments, no two (2) structures shall be identical in terms of exterior finishes. All cluster housing units shall differ from each other by utilizing at least two (2) of the following options: (a.) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color; (b.) Variations in adjacent cluster housing unit floor plans that alter the location of exterior windows and doors; (c.) Variations in the size of main floor area and/or building height of adjacent structures; or (d.) A front porch with a minimum width no less than 50% of the front building fagade. Front porches shall have a minimum depth of six feet. No structurally identical front porches shall be located on adjacent cluster housing units. (e.) Variations in roof shapes or gables between adjacent structures. (f.) Other variations as approved by the Zoning an Development Administrator. Finding: The attached building elevations in coordination with the submitted site plan indicate that no two structures will be identical. Three general floorplans will be used among the ten structures with varying arrangement throughout the site and proposed exterior variations that include color, materials, and window placement. §163.02, AUTHORITY; CONDITIONS; PROCEDURES. (continued) (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: The property will access Crossover Road by a separated curb cut with each driveway providing one-way traffic flow. Crossover is an improved Regional Link and state highway, carrying large volumes of traffic. Staff is aware of dangerous traffic conditions and congestion near the intersection of Mission and Crossover, and acknowledges that these can extend southward during peak hours. At the same time, traffic accident data indicates that accidents are not common along the property's frontage, particularly given the volume of traffic. This is evidenced by four accidents being reported in the four years between 2015 and 2018. Additionally, the presence of a turn lane at this location facilitates safer access to the property than would be possible without. Final entrance design is subject to the access management Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 7 of 61 standards adopted by the Unified Development Code and the Arkansas Department of Transportation. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The submitted site plan includes on -site parking. Due to no available on - street parking on Crossover, the applicant has arranged parking to ensure residential requirements are met and additional parking is sited between the cluster housing development and nonresidential uses. This creates the potential to serve both. As noted below, staff recommends perimeter screening be incorporated to minimize or eliminate the impacts of potential glare from headlights. (C.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The Recycling and Trash Collection Division generally recommend residential trash and recycling carts and containers for cluster housing developments, but the addition of nonresidential uses may necessitate dumpster service. If a dumpster is required, staff recommends a condition prohibiting the enclosure's placement along the property line of an adjoining neighbor to minimize nuisance odors. Details shall be reviewed during the development process as a small site improvement plan or large scale development. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities are currently available to the site. Determinations of capacity or the need for improvements will made with development submittal. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Although the proposal is largely detached single-family in character, similar to what abuts the subject property to the north and south, the parking and driveways may result in headlight glare or other privacy impacts on neighbors. Accordingly, staff recommends installation of privacy fencing where not already present to the north and south and vegetation on the interior. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Any proposed signage and exterior lighting will be subject to the City's ordinances and all the regulations therein. Despite the Unified Development Code exemption from exterior lighting standards for single-family dwellings, staff recommends a condition where light shielding standards be applied to this project similar to other non-exempt developments. This is intended to reduce potential glare on adjacent properties that may otherwise occur given the project's proposed layout. Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 8 of 61 (g.) Required yards and other open space; and Finding: All separation and setback requirements shall be reviewed with development of the property. Review of the submitted site plan indicate that the required yards of the overall property are being provided. (h.) General compatibility with adjacent properties and other property in the district. Finding: In staff's opinion, the applicant's proposal is compatible with surrounding uses, which consist of single-family dwellings. Although a cluster housing development is a different pattern than that found in a typical lot -and -block neighborhood, the proposal can exist in harmony with surrounding uses given the bulk and scale of the buildings and a layout that limits potential off -site impacts. Similarly, while nonresidential uses can pose adverse impacts to residential property when not developed in a complimentary manner, the applicant's proposal includes the sensitive use of the existing historic building and incorporation of another, small nonresidential building. Together, both nonresidential buildings will address the street, serve as a buffer between traffic and homes, and provide the potential for walkable services. BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code o §161.07, RSF-4, Residential Single-family, 4 Units per Acre o §164.22, Cluster Housing Development • Request letter • Site plan • Floorplans & Elevations • Peter Smyth House Information • Public Comment • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 9 of 61 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. [Unit 1 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Fnit 5 City-wide uses by conditional use permit Public protection and utility facilities TCultural and recreational facilities Government facilities Two-family dwellings Unit 9 Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings I dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Single-family Two (2) family dwellings I dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet I feet Land area per 18,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay ' 8 000 square 12,000 square District Lot feet feet area minimum Land area per 18,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front 1 Side Rear 15 feet 5 feet 15 feet Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 10 of 61 (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 11 of 61 164.22 - Cluster Housing Development (A) Purpose. The purpose of the cluster housing development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide housing opportunities for a population diverse in age, income and household size. (B) Applicability. The provisions of this section shall apply to proposed cluster housing development proposals, as defined in Chapter 162, Use Units, and authorized by Chapter 161, Zoning Regulations of the Unified Development Code, however zoning and development regulations such as density, bulk and area, building area, street frontage requirements, lot splits and other standards for cluster housing development are enforced subject to the criteria adopted in this chapter. (C) Development Review Process. For the purpose of development review, cluster housing developments less than one (1) acre shall be processed as a site improvement plan. Cluster housing development on lots one (1) acre or larger shall be processed as a large scale development. If individual cluster housing unit lots are proposed and the proposal meets all of the requirements in this section, the subdivision shall be processed through the subdivision platting process as a lot split regardless of the number of lots created. (D) Dwellings Permitted. (1) Number of Cluster Housing Units Permitted. A cluster housing development shall contain a maximum of twelve (12) dwelling units. In multi -family zones where the proposed cluster housing development exceeds the minimum open space requirements of 164.22(G)(3)(a) by at least 20%, and in which at least 75% of the planned units are attached dwellings, there shall be no maximum number of dwelling units, except to conform to the density limitations herein. (2) Existing Nonconforming Structures. On a lot to be used for a cluster housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cluster density. (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (1) Permitted and Conditional Use. Cluster housing development is permitted as identified in Chapter 161, Zoning Regulations, as a permitted or conditional use. (2) Density. Cluster housing development permitted as a use by right shall be allowed a density in conformance with the underlying zoning district. Zoning districts that allow cluster housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. (3) Bulk and Area Regulations. (a) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots. (b) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet. (c) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. (4) Setback Requirements. All structures shall meet setback and separation requirements of the International Building Code, as applicable. For zoning purposes: (a) In single family districts, all cluster housing units shall have a minimum separation from one another of ten feet measured from exterior wall to exterior wall, not counting eaves or other architectural projections. (b) In multi -family districts, there are no separation requirements from one cluster housing structure to another. (c) The setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (5) Building Height Regulations. The height for all structures in a cluster housing development shall not exceed the permitted height requirement of the underlying zoning district. (6) Building Area. None. (7) Accessory Dwelling Units. Accessory dwelling units are not permitted in cluster housing developments. (F) Common Property Maintenance. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cluster housing development residents, through a condominium association, a Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 12 of 61 homeowners' association or a similar mechanism, and shall not be dedicated to the city unless accepted by the City Council. (G) Development Standards. All cluster housing developments are subject to the following standards: (1) Floor Area. The total conditioned floor area of any individual cluster housing unit shall not exceed 2,500 square feet. (2) Building Orientation. A minimum of 75% of dwelling units in a cluster housing development shall be oriented around and face the common open space, a public trail or towards the street, having pedestrian access to the common open space and the street. Where a cluster housing unit fronts onto a public trail, the fagade facing the public trail shall be considered a principal fagade for the purposes of meeting design standards. (3) Open Space. (a) For units up to 1,500 square feet, a minimum of 250 square feet of common open space shall be provided per unit. For units exceeding 1,500 square feet and up to 2,000 square feet, 500 square feet of common open space shall be required per unit. For units exceeding 2,000 square feet, 750 square feet of common open space shall be required per unit. Common open space is subject to the following performance criteria: (i) No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than ten feet. (ii) Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units. (iii) Common open space shall be improved for passive or active recreational use, garden/food production, social gathering spaces or landscaped areas. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, plazas or gardens. A detailed site plan of the common open space depicting the design and amenities of the space shall be reviewed with the site plan for approval. (iv) Amenities such as permanent or movable seating, landscaping, trails and paths, barbeque or eating facilities, covered shelters or water features shall be included within the common open space. Low Impact Development stormwater management facilities may be placed within the common open space when they are integrated with the amenities listed above. (b) Each cluster housing unit shall be provided with a private open space of 250 square feet with no dimension of less than ten feet. Private open space should be contiguous to each dwelling unit, for the exclusive use of each respective resident. In multi -family zones in which at least 75% of the planned units are attached dwellings, private open space shall not be required where the development exceeds the minimum open space requirements of (G)(3)(a) by at least 20% and it can be demonstrated that each unit has easily available access to open space amenities. (c) Parking areas and driveways shall not be counted as open space. (4) Fences. Fencing located between a cluster housing unit and a public street or trail or the common open space shall not exceed 48 inches in height. (5) Parking Requirements and Standards. Parking areas should be located within the cluster housing development in such a way as to maintain the character along the public street and to minimize the noise and light impacts on private residences and public spaces. Reductions in parking space allowances are permitted in cluster housing developments as described in Chapter 172, Parking and Loading. Permitted on -street parking spaces adjacent to a project's frontage may count towards the parking requirements of the development. Parking standards for cluster housing developments shall be as follows: (a) The owner/developer may choose to supply one (1) parking space per bedroom for his or her entire cluster housing development. Otherwise, the required number of parking spaces shall be determined according to the square footage of the cluster housing unit as described below: (i) Dwelling units less than 1,000 square feet shall have one and one-half (1.5) parking spaces provided. (ii) Dwelling units over 1,000 square feet shall have two (2) parking spaces provided. (b) Shared covered parking shall be designed to be similar and compatible to the design, materials and roof pitches used for the cluster housing units. (6) Cluster housing developments shall provide at least one (1) bicycle parking rack per cluster housing unit. (7) Fire Department Access. Fire Department access shall be determined at the time of development review. (8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 13 of 61 (9) Utilities. Individual cluster housing lots shall have a unique connection to the main water and sewer lines. Main water and sewer lines on private property servicing cluster housing unit developments shall be located in a dedicated easement. (10) Community Buildings. Indoor or covered common areas less than 2,000 square feet are permitted by right in cluster housing development. These structures shall be architecturally integrated with the architectural style of the cluster housing development. (11) Recycling and Trash Collection Service. For the purposes of recycling and trash collection cluster housing developments are considered a residential use and should receive residential recycling and trash collection service (individual carts and recycling bins) where possible. In certain instances, it may be necessary to service cluster housing developments with commercial trash collection equipment (dumpsters). This may occur when a project is located in a predominately commercial area serviced by commercial trash pickup. It is incumbent on the developer to design recycling and trash collection facilities into the cluster housing development plan early in the process. The final determination of recycling and trash collection service and pick-up areas will be made at the time of development review by the city. Specific requirements for residential and commercial trash and recycling pick-up shall be as follows: (a) Residential trash and recycling collection service requires a designated location near the street curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the designated pick-up day. If this location is also used for on -street parking it shall be clearly marked and a sign posted restricting use for the designated pick-up day. An appropriate linear distance is required to accommodate each cluster housing unit's trash cart and recycling bin, subject to city approval. (b) Commercial trash collection service requires a dumpster location that is freely accessible for front end loading and screened from public view. (c) Recycling and trash facilities shall be located behind the front building setback line and shall be screened from the right-of-way and adjacent property owners by either architectural treatments or vegetative screening. (H) Building Design Standards. (1) Variety in Detached Cluster Housing Units Floor Plans and Architectural Treatments. These standards are intended to avoid the overly repetitive use of the same building design, structural features, detailing or finishes among detached units within the cluster housing development. In cluster housing developments no two (2) structures shall be identical in terms of exterior finishes. All cluster housing units shall differ from each other by utilizing at least two (2) of the following options: (a) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color; (b) Variations in adjacent cluster housing unit floor plans that alter the location of exterior windows and doors; (c) Variations in the size of main floor area and/or building height of adjacent structures; or (d) A front porch with a minimum width no less than 50% of the front building facade. Front porches shall have a minimum depth of six feet. No structurally identical front porches shall be located on adjacent cluster housing units. (e) Variations in roof shapes or gables between adjacent structures. (f) Other variations as approved by the Zoning and Development Administrator. (2) All attached cluster housing units shall comply with §166.23, Urban Residential Design Standards. Where a cluster housing unit fronts onto a public trail or open space, the facade facing the public trail or open space shall be considered a principal facade, for the purposes of meeting this section. (1) Variances From the Minimum Cluster Housing Development Requirements. Variances of this section, Cluster Housing Development, shall be administered as normal development regulations for variances of General Design Standards, except that (E) Zoning Regulations shall be administered as zoning regulations for variance purposes. (Ord. No. 5921 , §5(Exh. A), 11-1-16; Ord. No. 6067 , §1, 5-1-18) Editor's note— Ord. No. 5921 , §5(Exh. A), adopted Nov. 1, 2016, repealed §164.22 and added a new section as set out herein. The former §164.22 pertained to cottage housing development and derived from Ord. No. 5462, adopted Dec. 6, 2011. Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 14 of 61 LAMB DEVELOPMENT + CONSULTING August 5, 2020 City of Fayetteville Planning Commission 113 W Mountain Street Fayetteville, AR 72701 Re: 1629 N Crossover Road - Conditional Use Permit CUP-2020-000003 Request Letter "As cities grow, it is natural to add or fill-in existing neighborhoods and to build new neighborhoods. Whether completing an existing neighborhood or creating a new one, it is important to keep the entire neighborhood unit in mind - meaning, you don't just create a single use development, but that you create a place that has more of the things that people need every day. A complete neighborhood contains not just houses, but a mix of uses that are adaptable for change over time." - City Plan 2030 Goal #3 - We will Make Traditional Town Form the Standard LAMB Development + Consulting, LLC and JHHH, LLC (owner) are hereby requesting a conditional use permit on the subject property to allow for cluster housing and limited business. The permit is needed at this time to facilitate appropriate infill development, which will revitalize an underutilized site and help to maintain this area as a vibrant, safe and inviting place to live and work. The property is located on a connecting corridor at the margin of a Residential Neighborhood Area and adjacent City Neighborhood Area, making it the ideal location for this infill development project. Current land use on adjacent parcels include Unit 4 - cultural and recreational facilities and unit 8 - residential single family. These land uses are compatible with the proposed land uses; Unit 44 - Cluster Housing Development and Unit 12a Limited Business. 211 N BLOCK, SUITE 101, FAYETTEVILLE, AR 72702 479.790.7902 WWW.FAYETTEVILLELANDCOMPANY.COM Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 15 of 61 The cluster housing development encourages innovation and variety in housing while ensuring compatibility with established neighborhoods and provides housing opportunities for a population diverse in age, income and household size. Limited business use along the highway frontage provides a much -needed buffer from the highway for the residences behind and adaptive re -use of the historic Peter Smyth House and adjacent highway frontage will provide for a long-term useful life of the structure and encourage the type of active maintenance necessary to preserve the vernacular / Greek Revival style residence for future generations. Water and sewer are each available to the subject property through a 6" diameter water main and an 8" sewer line. Outdoor lighting, noise and trash service will not differ from that of the surrounding properties. The subject property will be accessed from adjacent N Crossover Road / Arkansas State Highway 265 which is designated a Principal Arterial Street. The proposed uses will not create or appreciably increase traffic danger and congestion. The request is generally compatible with the surrounding mixture of existing non- residential and single-family residential uses, is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. It would be impractical to use the land for any of the uses permitted under its existing zoning classification as this would deviate from traditional town form, encourage suburban sprawl and limit opportunities for attainable housing. Sincerely, Richie Lamb LAMB Development + Consulting, LLC 211 N BLOCK, SUITE 101, FAYETTEVILLE, AR 72702 479.790.7902 WWW.FAYETTEVILLELANDCOMPANY.COM Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. 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X _ r • co m C C Y C O T E _ 3 = 7+ C Q Z u w^ E 7L ¢J ` " N :2 Y7. 6J w � C v ❑ f VI W y > a m N C rG 61 Y N C OJ T ro- r6 C 7. v N �, ❑ a nNn E r4 u l t o E rat cro y 7 v- O r�II C d w r6 .+ - r v �' b E U F .+ > ru E A Q co 3 W N u L e C E z b n O K C E v 2 ¢J W N a yr j p 3 L C C ra N cu C u _. 3 C rz ❑ x ❑ w V -C 6J -C L yr c' Q ti -S a a m Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 48 of 61 CUP-2020-000002 Public My name is Ron Glenn Comment I'm against the plan for the property which backs up to the Boardwalk pool Sent from my iPhone Good afternoon, I am writing to voice my opposition to the Conditional Use Permit (CUP), requested by Baxter Smith (who purchased a lot on Crossover in 2018). For context, the proposal is scheduled for the Planning Commission on Monday, September 14th beginning at 5:30PM over Zoom. My opposition to this CUP is outlined below. The location on Crossover is very busy: Crossover is a 5-lane road and heavily traveled. There are times during the day that it is so heavily trafficked that cars extend from the intersection at Mission and Crossover for over half a mile. Turning left from Meandering Way onto Crossover is dangerous, with multiple car accidents per week, and would be further complicated by a business or cluster housing in the area. A stop light would likely need to be installed in order to facilitate increased business and residential traffic in the area. A Planned Zoning District would allow Boardwalk and Summersby residents with input on a mutually agreeable proposal for the land. There are also environmental considerations. The Boardwalk pond is maintained by the Boardwalk POA and POA dues. Residents fish, kayak, and canoe on the pond. A critical problem is the shallowness of the pond and the nutrient levels in the water. Over the past 15 years, city storm drains carried dirt from construction sites in our neighborhood and Summersby into our pond. This would be further complicated by construction in Mr. Smith's lot. Another major factor is that our pond has very high levels of nutrients promoting plant growth. The nutrient levels are increased by lawn fertilizer running off into the drainage that leads to the pond. Increased cost of aquatic growth should be considered, and a PZD would help accomplish this goal. Finally, Boardwalk and Summersby are two of the most desirable, established neighborhoods in Fayetteville. Our families work hard to maintain our homes and lawns, and our property values reflect this level of care and hard work. A CUP could threaten this, reducing home values and the time invested in our neighborhood. I ask that you deny the CUP in favor of maintaining a PZD so that the vibrancy and safety of Boardwalk can be maintained. Best wishes, Allison Allison Ames Boykin, Ph.D. Assistant Professor, Educational Statistics and Research Methods College of Education and Health Professions University of Arkansas 231 Graduate Education Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 49 of 61 Fayetteville, AR 72701 bovkin@uark.edu 479-575-7428 Jonathan, I've been able to review the plans. I wanted to wait to list my concerns until after I reviewed the plans to see if they were still valid. I am still concerned on granting a CUP on this property when the developer has the all property for sale. I'm also concerned about the potential for businesses right here completely surrounded by single family homes (both in our Boardwalk neighborhood and across the street on Inwood and Whippoorwill). There are a number of commercial lots available just north around the intersection of Mission and Crossover and there many open spots available for leasing in the commercial area. We already have a buffer between commercial and residential, so why introduce commercial into residential? Businesses seem incompatible with the existing uses immediately surrounding the property. On the cluster development, these are the first details that the developer has provided to us. Our POA asked for details to see what they would do so we could see if we supported or not. All we received were sketches on napkins and paper which we were told not to rely on. While I'm not completely opposed a cluster development, this seems like too many homes in the area. I'm also concerned about putting the parking and private drive right behind 4 single family homes. This drive and parking needs a buffer between it and those homes. A cluster development seems to fit in more with being more interior to Fayetteville as opposed to be closer to rural parts of Fayetteville. There is a development of Mission Heights just around the corner that seems to have stalled on the part of homes with limited land. I would not be in favor of introducing anything similar until that development is complete. I'm also concerned about the fire lane that is shown. This would require access to a private drive and there is some land not owned by the developer and our POA private drive. The drive is mostly used by children riding bikes, runners, walkers and not intended for heavy traffic. I'm also very concerned about the slope of the land and runoff from construction in our pond (and across the POA land). We are already having to deal with other developments letting construction runoff fill up our maintained pond. This development seems to put a rather large burden on the POA that surrounds it and the homes that surround it. This does not seem to match either the direction city council provided on the development across the street on Whippoorwill. Thank you for your time on this and answering questions. Regards, Matt Robinson Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 50 of 61 9/3/20 Dear Mr. Curth This email is regarding the Conditional Use Permit request for the property off South Crossover involving the Boardwalk Subdivision. This property sits between Boardwalk Street and East Meandering Way. We are VERY OPPPOSED to this request of change to that property. Our reasons for opposition to this change are as follows: 1) The location of the property runs from Crossover Road at the front to the end of the property behind (going west) which ends directly in front of our subdivision club house. This also involves our swimming pool area, our pond and our club house parking. It is a major concern with non-residents having a perfect view of our children at play and swimming. Many of them walk to the pool and the pond to fish. This is private property. 2) Neither cluster housing nor limited business development fit in with our subdivision. Our subdivision is quiet, however the traffic on Crossover can be a very serious challenge for our residents as well as the Sumersby subdivision residents who also use our streets for entrance and exit. This added traffic would probably require a traffic light for everyone's safety, which would be another challenge remembering the speed limit and vehicle numbers on Crossover. Everyone's safety is at issue here. 3) The potential for giant dumpsters and the trash business brings will ultimately be in the pond and in the pool as well as the adjoining areas. Who is legally responsible to keep the area neat and non-residents out of the pond? Many of our residents currently collect trash and other debris from the Crossover traffic. 4) The "rock house" also sits on the property next to the area and is on the Historical Register. How does that fit in to this rezoning? 5) The entrance/exit into the property also creates a concern, since there is no current access street other than through private property. Yet again our subdivision is hugely affected. 6) According to the Fayetteville Police Dept. records, there are minimal calls from here. We would like to keep it that way. We already have access to grocery stores, hair salons, restaurants (fast food and sit down) hardware stores, banks, drug stores, dry cleaners and even a coffee shop just to name a few. The business are within a 5-10 minute walk if desired. We respectfully request your consideration of these concerns. Visit our very nice subdivision and choose to keep the property under current consideration zoned as it is at present. Single family dwellings compatible with our existing homes would be a viable option for all. Thank you for your time, Carleton & Judy Holt 2498 E. Meandering Way Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 51 of 61 0 L O 41 '^ L0 0 -D U 3 'v 0 v 0 4J Ln Ln 0 Ln o co CL co c v Ln L CO Q E O 7 U OC by t L C 3 v Ln CO 0 Ln 0 N U t Z N C = W � ut 7 L O C O = � �l a+ M FA a, V a t �1 a a-i N r*_ PU- ning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 52 of 61 P,iI 1NN v tl 1 Q� 00 `V w J �] -75 A Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 53 of 61 I 10, I J Pe ' V I y • -• 1 V � � V k)J 2 � N -g -0 d \ ' of O � __-- C • T � i -SE Planr Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 54 of 61 x ell, � t � y ' �41 4 -%a PlaA Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 55 of 61 i 0 {� M1 �9 0 KIN — ao y Sk rsf 1 `WI ]- TO- zz o c � (� Plan niPrcommission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 56 of 61 a 02 Ilk ' 7 1 - • ! x 1 � r 40 � t1. • A M I• Plan nMCommission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 57 of 61 5 I bo _ �S J \ M n`T\^• T Planning Commission September 14, 2020 Agenda Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 58 of 61 CUP-2020-000003 I Crossover Cluster Development One Mile View RSF-4 Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) 0 0.125 0.25 0.5 Miles R-O > C-1 O U Z E MISSION BLVDE MISSION BLVD 0 wO167 Oill Subject Property 111111111 U Planning Area - -- Fayetteville City Limits NORTH EM�ss�ONe�v� R-A Zoning RESIDENTIAL SINGLE-FAMILY �NSG RI-,2 �NSL � Reaieantlal-AgewlWrel RSF-.8 R. RSF-2 RSF-4 RSF-] RSF-8 RSF-18 RESIDENTIAL MULTI -FAMILY � RMF-fi � RMF-12 � RMF-18 W124 RMF-48 INDUSTRIAL 41 N ,Coma .lane Uglnlneuabial L2 Ganaml li EXTRACTION 11 COMMERCIAL =Cs � C-3 FORM BASED DISTRICTS Downtown Care Umai TM1amugMam � Main BVeat Center Downtown General � Cammunty Servi�a Naighbamaae Sani.a Naign Ild Cmsarvauon PLANNED ZONING DISTRICTS Cammemial, Ind-1, Rasielal INSTITUTIONAL Planning Co m September 4, I ssion 2020 tem 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 59 of 61 CUP-2020-000003 Crossover Cluster Close Up View Development DEWBERRY z CT .J I— M MEANDERING WAY Legend Hillside -Hilltop Overlay District — ` Planning Area — Fayetteville City Limits Trail (Proposed) Building Footprint TULIP CT RSF-4 CT ES INWOOD LW -LONDONDERRY-DR Feet 0 112.5 225 450 675 1 inch = 300 feet ST A& NORTH RSF-4 RM F-24 C-1 C-2 P-1 Planning Co mission September 14, 2020 Agunua Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 60 of 61 CUP-2020-000003 Crossover Cluster Development A& Current Land Use NORTH 1 ` .:c' wHlPpO �N G BOARDWALK�CT— Single-Family Residential r Y Single -Family +is'4.or _ I r � I Residential f • - I Q. I k Subject Property O - - - - Private Park y INWOOD LN ` 0 I I U I I Single -Family Residential MEAN ERING WqY Single -Family Residential h i FEMA Flood Hazard Data 100-Year Floodplain Feet 0 Floodway Trail (Proposed) Planning Area 0 55 110 220 330 440 Fayetteville City Limits 1 inch = 150 feet Planning Con!mission September 14, 2020 Item 5 CUP 20-000003 Crossover Cluster Housing Dev. Page 61 of 61 RZN-2020-000003 Public Comment Since Planning Commission Staff Report Publication Address 2747 Londonderry Dr Ward Phone 952-484-3652 Email dgsexton@gmail.com Meeting Body City Council Agenda Item/Subject Conditional use 1629 Crossover Position Opposed Comments: I oppose this change. I live in the Boardwalk neighborhood. The proposed high density Homes and commercial is not comparable with our single family homes and infringes on the privacy and safety of our families and children who play at the pool and common area this development would be right next to. It also adds traffic entering and exiting in crossover right at my neighborhood where it is already very challenging to turn out off due to the traffic. I have 2 daughters learning to drive. It is not safe to add more obstacles entering/exiting in crossover. David Sexton Full Name Laurel Sexton Address 2747 Londonderry Dr Ward Phone 651-398-2002 Email laurel.sexton@gmail.com Meeting Body City Council Agenda Item/Subject Conditional use permit for 1629 Crossover Position Opposed Comments: I live in the Boardwalk neighborhood this request is being made in and I oppose the conditional use permit/zoning change. This property backs up to our community pool and property where we have a private pool and area for children's birthday parties and gatherings. Children ride bikes, play basketball, walk, etc on the property and the private drive. Tall homes backed up to this private area and in such a large quantity would remove our privacy from this safe family area. Furthermore, with the large number of parking spaces being asked for, it is clear there would be an increase in traffic entering and exiting crossover adding to the dangers of potential accidents. People would miss their turn (as they already do without the added commercial traffic) and attempt to use our private drive to turn around. This could pose an increased danger for our children playing and walking on this drive. This property is in my neighborhood not on the outskirts. It is absolutely not compatible with the single family housing neighborhood. The added light pollution from this size commercial property is not compatible with our quiet single family home neighborhood. Nor is the noise. This was brought up previously and the council agreed this change was not compatible with our neighborhood. Not only the commercial but also the density proposed is not compatible with single family homes. Thank you for considering my serious concerns. Laurel Sexton To Whom It May Concern, Hello! My name is Brittany Scism and I'm a resident of Boardwalk subdivision. I have lived here with my husband and three young boys for over 5 years. Before moving to Boardwalk, we lived in the Clabber Creek neighborhood across town. One of the many reasons we wanted to move to Boardwalk was for the larger lots and mature trees. We were also frustrated with the awful traffic on the other side of town, specifically Wedington. We love Boardwalk. The neighborhood is tucked so nicely in the heart of Fayetteville, but isn't busy and full of traffic, however, if the green space on Crossover that our neighborhood horseshoes re -zones to allow for multiple houses or commercial business, this will drastically change the nature of our neighborhood. I'm writing to you to let you know of my concerns and to urge you to listen to the people who live in this neighborhood, people who are loyal to Fayetteville, people who work in Fayetteville and send their children to the public school, people who are tax payers and shop locally giving back to our city's economy. We do not want this green space re -zoned for multiple houses or a place of business. I am already concerned about the many buildings with "for rent" signs in the various abandoned buildings around Fayetteville. Honestly, every time a new building goes up I'm frustrated when some abandoned buildings around town are deteriorating the look of our charming town. Also, for being such a nature state, we continue to "pave paradise to put up a parking lot" and it's so sad. If this is re -zoned, we will lose our "little neighborhood" feel. It will cause more traffic not only for our neighborhood but for Crossover, and that's already bad enough. Turning out of Meandering Way onto Crossover is a nightmare at rush hour times (7:15 AM-8:00 AM and 4:40-6:00 PM)(please check out how many wrecks are reported on Crossover because we have multiple a year). Also, I believe this spot would be too far removed from the other business to make it profitable, therefore it will be abandoned, yet again, in 2 years. Also, there are so many commercial spaces left vacant at the intersection of Crossover and Mission, why add another one with the same fate just to take away more green space? My concern about rezoning this area for multiple houses is that Missions Heights (just up the road) has been a complete flop. This concerns me that this area would end up the same way and then our neighborhood has to look at it and deal with the repercussions of someone else's decision making. This is not smart planning to rezone this small area and it doesn't hold true to the nature of our city or state to treasure our green spaces So, in closing, I urge you to take my email into consideration when making decisions for our city and our neighborhood. Drive Crossover during rush hour to see for yourself. Drive through our sweet neighborhood and see the many families walking and children riding bikes on sunny days. Imagine an ugly business building abandoned after 2 years because people are not going to want to get in the parking lot and exit right there on Crossover, or imagine another crowded mutli-housing development causing traffic to be even worse or not even inhabited and instead becoming a nuisance to the city and neighborhood. Thank you and please contact me with any questions. Brittany Scism 2621 E. Meandering Way 479-414-3996 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0865 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C.1 TLG PETERBILT: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT TRASH TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $998,764.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of three Peterbilt 520 front loader trash trucks from TLG Peterbilt of Fort Smith, Arkansas for the total amount of $998,764.00, pursuant to a Sourcewell cooperative purchasing contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2020-0865 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2020 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of three front load trash trucks from TLG Peterbilt of Fort Smith for the total Sourcewell contract price of $998,764.00 and to approve a budget adjustment. 9700.770.1920-5802.00 Account Number 02082.2020 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Shop Fund Recycling and Trash Vehicles Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,858,500.00 $ 947,865.00 $ 910,635.00 $ 998,764.00 $ 90,000.00 $ 1,871.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation Sara FROM: Glenn, Fleet Operations Superintendent DATE: October 14, 2020 CITY COUNCIL MEMO SUBJECT: Purchase three Front Load Trash Trucks for Recycling & Trash Collection RECOMMENDATION: Council approves the purchase of three front load trash trucks from TLG Peterbilt of Fort Smith for the total Sourcewell contract price of $998,764.00 and to approve a budget adjustment. BACKGROUND: Unit 4018 is a 2014 Peterbilt Front Load truck with 14.4/15 points and has exceeded its life expectancy. Unit 4023 is a 2014 Mack Front Load truck with 15/15 points that will exceed its life expectancy by the end of 2020. Unit 4024 is a 2014 Mack Front Load truck with 15/15 points that will also exceed its life expectancy by the end of 2020. DISCUSSION: TLG Peterbilt of Fort Smith AR currently has a 2020 Peterbilt 520 Front Loader with Labrie body available for $325,992.00. In addition, they are able to order two 2022 Peterbilt 520 Front Loaders with Labrie bodies to be built to the City's specifications for $336,386.00 each. This is a total Sourcewell contract price of $998,764.00 to TLG Peterbilt of Fort Smith AR. BUDGET/STAFF IMPACT: Sufficient funds have been collected for these purchases. A budget adjustment will be presented to council, this is moving excess funds left over from previous purchases. This item was passed at the October 13' Equipment Committee meeting. Attachments: Budget Adjustment Sourcewell Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Sourcewell a, �ST Awarded ContractI THE L A ItSONGNOUP' Thursday October 1, 2020 Shawn Smith TLG Peterbilt-Fort Smith 6915 Alma Hwy Van Buren, AR 72956 SOURCEWELL Sara Glenn SOURCEWELL City of Fayetteville (34143) SOURCEWELL 113 W Mountain St SOURCEWELL Fayetteville, AR 72701-6083 SOURCEWELL 479-444-3494 Reaarding: 2021 Peterbilt 520 quotation per SOURCEWELL Contract # 060920 To Whom It Concerns: TLG Peterbilt-Fort Smith is a proud vendor for SOURCEWELL, and we are pleased to submit for your review our quotation for a new 2020 520 in stock and two 2022 Peterbilt 520's to be built per SOURCEWELL Contract # 060920. Your terms are as follows: 2020 and 2022 Peterbilt (520) per the attached specifications (subject to spec review.) Price includes SOURCEWELL discount from Peterbilt Motors Company Price includes pre -delivery inspection Price requires 1 % non-refundable deposit or PO# to be applied against balance due. Price does NOT include state or federal taxes, such as Federal Excise Tax Price is FOB City of Fayetteville Delivery is subject to approval date VIN LF104932 Net cash price $325,992.00, FOB City of Fayetteville. 2-New Orders Net cash price $672,772.00, FOB City of Fayetteville. This represents a discount of 41.32% in agreement with the SOURCEWELL contract # 060920 pricing for this model. THE LARSON GROUP TLGTRUCKS.COM �� Ms + f rncsne: 4 i f .d65.5355 2026 N MUroy Road Faz' 41 7.869 7738 Slrafford, M0 65757 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number FLEET OPERATIONS (770) 2020 /Org2 Requestor: Sara Glenn BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: The transfer of funds that remain after the purchase of other vehicles have been completed, to support the purchase of three new Front Load trucks needed by Trash Collection. This transfer will not effect any future purchases. COUNCIL DATE: LEGISTAR FILE ID#: 11/5/2020 2020-0865 HoRy 3lac� 10/16/2020 8:15 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: I CHKD/POSTED: 11/5/2020 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20200820 Account Name 9700.770.1920-5802.00 90,000 - 02082 2020 EX Vehicles & Equipment - base 9700.770.1920-5802.00 9700.770.1920-5802.00 (16,000) - (48,600) - 02082 2019 EX 02078 2017 EX Vehicles & Equipment - base Vehicles & Equipment - base 9700.770.1920-5802.00 (25,400) - 02080 2020 EX Vehicles & Equipment - base H:\Budget Adjustments\2020_Budget\City Council\l 1-05-2020\2020-0865 BA Fleet Front Loaders 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0894 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 AT&T - VESTA 9-1-1 PORTABLE COMMAND POSTS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A VESTA 9-1-1 PORTABLE COMMAND POST AND ADDITIONAL REQUIRED EQUIPMENT FROM AT&T IN THE AMOUNT OF 35,000.00 PLUS APPLICABLE TAXES FOR THE CENTRAL DISPATCH CENTER, AND TO AUTHORIZE FUTURE PURCHASES AS LONG AS AT&T IS THE CONTRACTED PROVIDER FOR 9-1-1 SERVICES THROUGH THE WASHINGTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT WHEREAS, the Central Dispatch Center has been evacuated four times in 2020 and each time dispatch employees were limited in their capabilities because of a lack of portable equipment; and WHEREAS, the Central Dispatch Center currently uses Vesta equipment that is compatible with the Washington County Emergency Management office's contracted AT&T service and Motorola equipment; and WHEREAS, purchasing the Vesta Command Post call handling solution is a unique, cost-effective mobile solution for emergency call centers in need of temporary call handling capabilities at remote locations; and WHEREAS, the initial purchase will be the necessary equipment to establish a single portable 9-1-1 dispatch station and additional portable stations will be purchased as funding become available; and WHEREAS, the Vesta Command Post is the only product that will ensure compatibility and continuity with the City's existing dispatch system and with the County's 9-1-1 system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the above circumstances make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the purchase of Vesta 9-1-1 Portable Command Post and additional required equipment from AT&T in the amount of $35,000.00 plus applicable taxes for the Central Dispatch Center and further waives competitive bidding for future purchases of this equipment as long as AT&T is the contracted provider for 9-1-1 services through the Washington County Department of Emergency Management. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 File Number: 2020-0894 City of Fayetteville, Arkansas Page 2 Printed on 1012212020 City of Fayetteville Staff Review Form 2020-0894 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chief Mike Reynolds 10/16/2020 CENTRAL DISPATCH (260) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a bid waiver for the purchase of Vesta 9-1-1 Portable Command Posts and additional required equipment from AT&T for the Central Dispatch Center as long as AT&T is the contracted provider for 911 services through Washington County Department of Emergency Management which includes Fayetteville Central Dispatch Center. 4270.900.9290-5801.00 Account Number 20019.1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Disaster & Replacement Fund COVID-19 Disaster Recovery Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 438,188.00 $ 186,041.40 L $ 252_146.60 $ 38,500.00 $ 213,646.6Q V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council THRU: Mike Reynolds, Chief of Police FROM: Natisha Claypool, Assistant Dispatch Manager DATE: October 16, 2020 SUBJECT: Purchase of Vesta 9-1-1 Command Post CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval of a bid waiver for the purchase of Vesta 9-1-1 Portable Command Posts and additional required equipment from AT&T for the Central Dispatch Center as long as AT&T is the contracted provider for 9-1-1 services through Washington County Department of Emergency Management which includes Fayetteville Central Dispatch Center. BACKGROUND: The Central Dispatch Center has evacuated four times in 2020. Three times for a large power outage which occurred in January and once for a suspicious package left at the Police Department. We also established a remote work site during the COVID-19 pandemic and during the large protest held on the Fayetteville Square. During these times we were limited in our capabilities by lack of portable equipment. We currently have no resources available that allow dispatchers working remotely to answer 9-1-1 calls. DISCUSSION: Emergency communications planning is a key component when ensuring continuity of operations in our communication systems. Evacuation of a Public Safety Answering Point (PSAP) is normally for the safety of personnel, or due to an infrastructure failure. The Covid-19 pandemic brought to light some problems with sharing resources with another PSAP. PSAP's have to be careful during these times and it is not feasible to allow other dispatch center personnel to their area for fear of infecting staff. This makes evacuation difficult under these circumstances and highlights the need for independence when creating redundancy. The Vesta Command Post call handling solution is a unique, cost-effective mobile solution for emergency call centers in need of temporary call handling capabilities at remote locations. This solution allows for contingency planning and provides additional flexibility in general day-to-day operations, serving as a backup to a primary call center. This solution connects back to our existing 9-1-1 call handling solution using a virtual private network (VPN) and uses the same software the dispatchers are familiar with on a day-to-day basis. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The Central Dispatch Center will initially purchase the necessary equipment to establish a single portable 9-1-1 dispatch station at a cost of $35,000 plus tax. To enable full portable dispatching capabilities, the Central Dispatch Center will need a total of four portable 9-1-1 dispatch station. These additional portable 9-1-1 dispatch stations will be purchases as funding becomes available. BUDGET/STAFF IMPACT: Funding for the initial purchase of equipment for the portable 9-1-1 command post in the amount of $35,000 plus tax is reimbursable from CARES Act funding. There is no impact on staffing related to this purchase of equipment. Attachments: AT&T Written Quote AT&T Contract with Washington County Department of Emergency Management a 0 0 0 vi ro E O L L O1 O m C c oo ; = m N O c �U N c C ❑ C m 69 W ) N N O 4 W ° a O y 8 o a � a F O o n Cl o IL Y N 9 C � V c d E ¢ m c 0 c Z 7 C _. E O LL T N f0 LL a❑ m N E 0 U x ri N N IL CO d = o d z c ii q 3 � � Z a ao ` AT&T Capitol Services, Inc, 2000 W, AT&Tmler grave a[r Hoffman Estates, IL 60192-5000 Office: 800/323.1312 Fax: 9471765.0824 Municipal CompleteSeruices SM 7!1 [ A reemeFIF-tr,.rlyt s Dated: December 16, 2015 Customer uuinoRlarrull legal nano WASHINGTON COU KrV, ARK ANSAN Telephone number Fax number 479,530.7911 290 NORTH CUILE0E Bervlco localIon, i I dh 280 NORTH COLLEGE Service 0sacripifon 5 YEAR MAINTENANCF SERVICE aervica Supplier Al"&T CURP Schedule of Rental Payments Porrheao opWn NONE E4ila1�— FAYMEVILLE — AR 72701 City Sta[e Zlp FAYETTEViLLF AR 7270i �NTRACT Doom Payment (if appllcamy Tafm of Agreement (In Total number of payments; 60 In ARREARS S (plus applicable taxes) months) 60 'Payable to AT&T Capital Services, Inc, and due upon execution of this Ayrooment. County Fraymom hegveney; Payments": 60 at Sr,S12.00 (plus appkabie taxes) MON MLY Remaining at 5 (plus avpIwebie taxes) "t'a ents me be Indexad uR unlH Agreement cammerrt7rmlenl. TQrrns and Condiflons I. AGREEMENT: Customer hereby agrees to finance from [.ender the. Service any, until paid. All sums to be paid as provided herein shall be payable to Lender at described an pose I of this Municipal CompleteSmices Agreement ("Agreement"). It its sticirm set forth above or such other place as Lender directs in writing. is expressly understood that the tam *Service" shall include, but is not limited to the service(s) described on page I sod any associated items therewith, including operating "can software and application software. Any reference to "Agreement" shall mean this Agreana+l. including the Opinion of Coumid, the AccrpumecCertifieate, and any riders. smendmrmb and asklrrnla Iluretn, and any other documents ss may from time to time be made a part haoof. As conditions precedent to Lenders obligation to purchase any Service, (a) Customer shall execute thih Agrcenunt, and e11 Agreeeraent do"roonts hc[uci ng the Acceptance CoWfira[e, Opinion afCotutW, and any other docianartamion required by Lender, aW (b) that shall have been pre maicrial advo%e chaos[ ern Cagorncei financial candialan 2. TERM; The Agreement term shall commence on the date el' exmution of an Acceptance Certificate or twenty (20) days afla the delivery oPothe Service to the Customer ('Commencement Date"), and unless earlier terminated as provided for in the Agreement, shall continue for the number of whole months or other payment periods set forth in this Agreement ("Initial Term"), commencing on the first day of the month following the Commencement Dale (or commencing on the Commencement Date if such date is the final day of the month), The Term may be earlier laminated upon; (a) the narl•rppro(rnatinn of funds pursuant to Section 4 herein, or (I) an Event of Default by Customer and t.rndcrs election la cancel this Agreement purstutet to Section 14 3. RENT PAYMENTS: During the Initial Term and any renewal term of the Agreement, Cupomaagren to pay LerWa total fall equal 10 the aMcpte number of rcnwl payincrris nitshiphed by the anrouni of each paytttcsst Iplus taxes} %pn,fieti -rn page 1 of lire Agreemetl. Ilse due Uv of uK fart rent[ Myrrecot is the dare upon which mhc Service is delivered ro Ctonnm or any talcs Jale de;signaled by lAide" Restrictive wndrxsrnxnU an checks sent to Larder will not reduce Customer's obligations to Lender. "Price" shall mean the actual purchase price of the Service. If the Price is inormsed er decreased sa a result era change in the actual purchase price of the Service, Ctworrwr authorizes Leiter to adjust the Rant Payments accordingly. Any sum received Isla than ten (10) days after its due dale will bear internal from such due date at die ate of I'A% per month, but no( exceeding the lawful maximum, if 4, NON -APPROPRIATION, This Section Is applicable only ifthe inclusion of such a non -appropriation provision is legally required. Customers obligations to pay Rent Payments and any aNher amrnmrs due for inch rascal period is contingent upon approval of the appiopnalion of :loads by its govemutg body, In the event funds am not appropriated for any fiscal period equal to amounts due under the Asreement, Customer may tom Berate the Agreement effective on the first day of such Racal period ("Termination Date"), if. (a) Customer has used due diligence to exhaust all funds legally available. and (bj Undar has tmcivaf written notice from Cu msner at least thirty (30) days before the Taminaliun We, Upon the cx4um1=c cif such non- approprialiw, Customer shall not becbligatud for Reset Paymens for any fsee I period for which funds have not beam so appmpriaiod. If Cumorner (cmWtales an AlmemmI rw-�uanl to Ihns Section, ualns the following would efraa due valu:ity of era Agreement, Customer will not purchase, least, rant, seek appropriations for, or otherwise obtain servlce5 saving the came function as the Service for the fiscal period in which such lamination occurs or the next succeeding fiseul period and such an obligation will survive termination of this Agreement, S. DELIVERY: All triensponalion, delivery and installation costs sluff be borne by Cu.uomtn. lender is not and shall " he fiablr for spmific MhKnwice of [his Agreement or for damages if for anyntww rat the svpplia dciays tar faiiv to fell the refer or If the Customer ncgMlaies in bad fsith prior to payment by Lender to the supplier: Any delay in delivery by the supplier shall not affect the validity of thin Agreement. 6. NON -CANCELLABLE NET AGREEMENT: Subject only to the provisions of Section 4 herein, Customer's nbhgations wrier the Agreement zee obaolute and urreor(deliwsal, aid aha(f not he wbjum to any delay, reduction, setoff, defense, counicn:laim er rntwpntent for any teasan occluding any faiIurr of the Service, ea any rmitnel-rmentnswn of any supplier, manufacturer. rnsraflrr, vendor or dhiributur. hinder as nut r"iosib lc for the delivery, insutltslion, nnainlco;imcor smixrdox, of the Service 7, WARRANTIES: Lender and CunomeraciQwwledgc dial #ad -party wurrntirs, if any. inure r,t the hcnc fit ❑f Cuttotner, Custnmry Ogee-. to pursue any *amnly cta'TO drr%lly nSAin%t %uch third patsy and shall not pursue any such clolrn against Loutef Customer shall enniinuo to pay Leader all am+aanu payable tinder any Al;m%-malt under any and all circumstances. µ,*,me. ,,r, ..,,, Page I of 3 Customer Initials X ; `' a, QUIET ENJOYMENT: During the Term. Lender shall not interfere with Customer's quiet enjoyment and use of the Service provided till an Event of Default (as hereinafter defined) has not occurred, f. TAXES AND FEES: Customer shall keep the Service free and clear of all levies, and etuaembraaces except those crated under this Agrcemerml. Unless Customer first provide goof of exemption therefrom, Customer shall promptly reimburse Lefler, upon desusod, as an additional am payable under this Agramrnm, or shall pay directly if so requested by Leda, all license and registration fees, sales. use, personal property laxa and all other taxes and charges imposod by any federal, state, or but governmental or taxing authority, whether asseseed against Customer or Lander, relathig to the purchase, ownership, leasing, or use of the Service or the Reed Payments, excluding all taxes computed upon the net income of Leda. I& DISCLAIMER OF WARRANTIES AND DAMAGES: CUSTOMER ACKNOWLEDGES THAT (a) THE SIZE, DESIGN, CAPACITY OF THE SERVICE AND THE SUPPLIER HAVE BEEN SELECTED BY CUSTOMER, (b) UNDER JS NOT A MANUFACTURER, SUPPLIER, DEALER, DISTRIBUTOR OR INSTALLER OF THE SERVICE; (c) NO MANUFACTURER OR SUPPLIER OR ANY OF THEIR REPRESENTATIVES IS AN AGENT OF LENDER OR AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF A AGREDAFNT; AND (d) EXCEPT FOR LENDER'S WARRANTY OF QUIET ENJOYMENT. LENDER HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATION, WARRANTY OR COVftNANT. WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, AS TO ANY MAT-FER WIIATSOEV13R INCLUDING, WITHOUT LIMITATION, THE DESIGN, QUALITY, CAPACITY, MATERIAL., WORKMANSHIP, OPERATION, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR LATENT DEFECT OF THE SERVICE OR ANY PORTION THEREOF, OR AS TO ANY PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT. CUSTOMER LEASES THE SERVICE "AS IS, WI IERE IS". LENDER SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL. DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY SORT, INCLUDING, WrrHOL►r LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS OR SAVINGS, LOSS OF USE. OR ANY OTHER DAMAGES, WHETHER BASED ON STRICT LIABILITY OR NEGLIGENCE, AND WHETHER RESULTING FROM USE OF THE SERVICE OR BREACH OV TFIE AGREEMENT OR OTHERWISE, EXCIEPT FOR DIREff. SPFCfFIC DAMAGES FOR LENDER'S BREACH OF A AGREEMENT OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ONLY TO THE EXTENT CAUSED BY LENOCR'S GROSS NEGLIGENCEOR WILLFUL MISCONDUCT. I L REIPRESENTATIONS AND WARRANTIES OF CUSTOMER: Customer frpraoiks,, wvaiams and tvamnis Ia Lends that; (a) Cuslumer is a public body corporate raid Politic, truly Mwined and validly existing, and has the power to execute, deliver and ptafwm each Agreement; (b) the person executing this Agreement and related documents on behalf of Customer has been given authority to hind CLIAOM ,, (C) this A0011no t end all related documents have borer duly authorized said coniathule valid, IcSal aid hUsding obligations of Customer, enforceable io accordance with tseir toms: (d) $hers ere no actions or proceedings pending or thwarted againar Customer which, if adversely determuxd, will have a material advarso efrml on the ability of Customer to perform its Obligations under a Agrccmrn$; (e) Customer qua lilies as it stale or a political subdivision arts state withert the mmiog of Section 103 of the Internal Revenue Code of 1986, as amended Mode-J. (f) CLMOrna will not do or cause to be done any oat which will caws, or by cxalision orany act alksw, the Agreement to be am arbitragc bond within tic meaning of Section 148(a) of the Code; (g) Customer will not take any action which, or omit to Lake any action which, would adversely affect The exemption of The interest component of Rent Payments from fodatal income taxation. (h) Customer shall role Internal Reveue Form SD38-G or Form 803E-GC, as applicable; and (i) Customer will be the only erility to own, see and operale the Service during the Tam and solely to perform essential gavemrntnlat functions; and 6) the obligation of Customer to pay Rent Pa),ndui shs)I cocWtule a current expenac of Customer and is not in can travenlim of any applicable limilalion of;ndctXWMw IX INDEMNITY: To the mubimum extent permitted by applicabt tow. Cuslamcr shall Irdcrosdly Lerida agishm avid hold Uetwer formless ham. And cov--ails to defend Leodor against, any and sit toasts. claims, Imams. encumbrances. sutra. damages, aid liabilities (end all coals and expenses including, without ltmhadcq rtrrs<mahtc aterMV fees) mlatod to she Ayreetneent including, widnurt lhrtiwtion, the selection, ptahise, delivery, owDordtip, eoodiuon, wc, operahon of the Smicc, at vlots [ion of the aoflware soblkenre,or arising by open Win of law (excluding the V*0 ncilhg,rrncc or wilhul miscondueh of Landw). Customer shall assume fill responsibility fur, or at LAiders sole option, reimburse Lender for the defense teiroof This Sedian shall survive the lerm"im of the Agreement with respect to acts or events occurring or alleged to have occurred or otherwise attributable to the period prior to the last usage of the Servicc. 'The Apreemmt is eaarod into based upon the assumption that the (rerut prxuoo of the Rent Payments will not be includable in L.otder's grass income for fede rat utcome tax purposes. If CuMomce causes Latdet's after-tax ox m ink yield to be Adversely affectod, to the extent permitted by law, Customer alialI pay Lender. cis de aoa an arrieunt which wiIf cause Lender to hsvt the, same economic return had such a loss not occurred 13. DEFAULT: "Lamer shall be in default uodc Ihia Agrocrtmt upca the occurrence of any one or more of the (of Iowiog events (each an "Evsnl of DefautI ): (a) failure by Customer to pay ashy Rani Payments or other amounu payable underr this Agrem. cot. fur a period of ten (la) days at more, (b) failure by Customer to perform any lam or condilicm heaermder, it being somlid that default under one Agreement shall cursstitute it drfauh under this Agreement and all asswwriod A@eeYments with Lender, (0 the inaccuracy of any material rgnomialion or warmly made by tltc CustamtY or any guarantor hereof In conrimIkin with any Agreement hereunder, (4) Cuonmes attempt to make an sssmgnmeint or this Agrtonerti at sublease any Service without Lcnddr prier written consent, (er) Customer dissolvez or coasts to exist or transfers a major pan in value of its eases, (f) Customer becomes insolvent. make an assignnieni far the bmcfrt of creditors, files a valtoelary pc6lion or has sn involuntary pditiaa flied or acuan commaiced against it under the United Stags Barukruptcy Code or any dalibit foderal or state law, (g) an adverse change in Custom's or any guarantor's firmin aarhdlNon as wilt, in the good faith judgment of [order, iaipair the Service or imcatse the crodit rasa involved, (h) fadure by Customer to obtain or rnxinluin any insurance required by Lender urwa any Agreeman heewnder, (i) any guarantor of any of CuMomc's obhigatians under any Agreement defaults in dic performsrtce of any covenwt or obligation heroffider, or Ui Customer files a UCC-3 Termination Statement without the prior written au"zodon of Lander. Id, REMEDIES. Upon the oCcurrent:e of an Event of Default, Larder may, at 6 option do any ear ell of tse foltowing7 (a) proceed by appropnatc court ashen citha at law or in equity to enforce PC, f4vauuxc by Cu9cimor of the applicable covamb and terrid of ibis Agrecrssait, (b) retake immediate viomion of the Service, whatever located, and for such purpose, oiler upon any premises witwut liability for so doing, (c) cause Customs, and Customer hereby agirm, to serum the Service to Leda as provided in this Agreement, (d) recover from Customer, see WkWod damages for IMP of a bargain and not as a penally, all sun& owing hereunder and)or all Rent Payments immediately due and pityabie. jet adl, Irasc, hold, we at a herwise dispose Ofany Smicc as Lender in Its sate diserotion may determine and Lerida shall ea be obblued to live prtfaeme to the isle, lease or odner dispaaititrn of the Service over the gale, tease or other disposilian of siW Leer Service owned or leased by Lauds. or (1) by notice in miming to Customer, cancel this Agreement whereupon all right and inbcrest of Customer in at to the possassirtt or use of the Service shall obaolulely case. In any event. Curtain shall. whtbtwt fudber demand, pay w Lander an arnonais equal to all sums due and payable for all periods up to and including the date on which L ruler hero declared this Agrecman to be in. default and as limixI damage fix breach, a sum ogwl to the Linpaid balance of Rent Psymerru Sir the rrnairrtng Term (discounted topreset value at the prime rate in effect at the time of such default), Las only the net proceeds of any such relddag or tale to the extent such rentals or proceeds are attributable to the balance of the Tenn. Further, Lender Shall be entitled to recover form Customs and Csstonta agrees to pay: (i) any and all damages which Londe OiTT sustain by reaaan of any sue3i dcfwh or breach by Llrrtomer, (ii) a reasonable sum Aw attorneys' fees, and (iii) ouch experim as shall be expended or incurred by Lends in the scimm, renal. Mange, bansponatlnn, sale of Servide, or enforcement of any right or privilege hereunder or collection of any sans due hereunder. Customer NKher agma tMi in any event, it will he liable for any deficiency after any sale, lease a alherelispodtlon by lender. The remedies herein provided in favor of Linda in The event of Customer's default as heeinabove sal forth shall not be darned to be exclusive, but shall be curaslalive and shall be in addition to all other remodiea in its favor emir ing in law, in equity or in baalauptcy. I& ASSIGNMENT: WITHOUT LENDERS PRIOR WRITTEN CONSENT(SUCH CONSENT, WHICH SHALL NOT BE UNREASONABLY WITHHELD), CUSTOMER SHALL NOT ASSIGN, SUBLEASE. TRANSFER, PLEDGE, MORTGAGE OR OTHERWISE ENCUMBER (TRANSFER") THE SERVICE OR THE AGRREEMENT OR ANY OF ITS RIOWM THEREIN OR PERMIT ANY LEVY, LIEN OR ENCUMBRANCE THERMN. Any etlaripipi nas<onimswi transfo by Customer shall be void ab unitise Nu 7rutsfer scull rciicve Costumer of any of its ob$jgat''wm under the Apmattnt LENDER MAY ASSIGN ITS INTEREST IN TENS AGREEMENT VVTrHOUT CUSTOMER'S CONSENT I& NOTICES: Notices, demands and Other communications shad be on writing and shall be sans by hand delivery, cerlifood mail (return reedpt requested), or ovanighl Page 2 of 3 Customer Initials X mole* 2-14.20m e tOudtt service to CoMMU Of Lelder aI thwr mew antra Addrarlea siated abuvc Naica dull be effective %purl the moia of tenol tempt aT four dayA atlr the wiling dale. Eithla pony emy UAV LOU IC mother Sddreu by wri lkw notice Io Ihr WM ICY 17, GOVIIRNIMC LAW EACH AGREEMENT SNAIL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH THE CUSTOMER IS LOCATED. I/, Mt$Cte.LLAN Cc UM Ia) Any failure or Lakdar to nqulre roil perfwnAnca by Cuao ra or any weivw by Leader of any provWon of qu Agreement "I Slot be wwracid as a conecot to of waiver of nay Mar bemmrll of the aaTa or ar any wkr pavilion. ib) if t#we Is won ohm one colilma, the obliµii6ee rsrach Cudaacr IR iW not Nmdt (0 Chukker fell dolvar IA Laadw� hoar tiaw to time, tueh a-MMw l [;a --I inr-W4m ac LOW11- ttwy Irwowabfy ncluvu; (d) my pirnvWon of tldl AV mm" peohlbiled by in k day Aaate 1bdt. a to well Nile, be itldlarl ive to the ahwt of sues► prokkkiw witaxit inratidating Like remain nil ptvvielatA 0f tha Apoemmr; le) the oblipriem which CMdwrker iA rtqukW to perforrn duHnr UK Team of any ApeerrtaK AUI eurviva the enpirntion ar ocher lermiruiim of the Apo mmW 10 the etlLwt" ►rch nblip tkM fwaaln unperfM1$W re of die rApilatloo or t"bvlim of the Apoerwla (f) in Iha [, Clrronin Mk io pay a perform any 0bl6phorr undo the Apwwmrt. Looter lay. At iu option, ply um perform weh ablipdal. And any oegmwt nedc ar eapwla itcurrad by Undor in snmlecoon &M-ilh shall be due and payable by Cwowr r, upon dwmerld by LcMlrr, W" imnrng thrnlon Ace,uim el the Iak or I H % pa mmth, but not enoeaing t►e hw{ui ntulsaun, if any, until p14 (Sl Lunt r of dlr mmxc in nrcb Ap mmm Aed pn arch of the AprwnaN peovhfate; IN Cxl to w Will pry Lao r i1n 6mvi d ant eom and capmeo. Lrlelyding rgewimbila aeoeneye and vo teelion Ian kaatrrld by Law* is mfarcitk; dlc norm emd T.andlilana of A Apearlrle a 5r ptrwtlieq Ladd: aistrn ward vUm&4 is the Apomlatl or VK Suvkw. (i) 00 We dw rim fee or Iaiermok ale applliublc. is invaded to eaoted the Iritianmr smoml paeained to be dharLtd a W1leete4 by mpgElcabk kw; (f) th11 Apseemaa lndlor any Apslrelaw hacueder may be peClMad bl one or rras taVrllwplaLl, balf Ally otle ►hall bi deauYld n arifieeL erd it ►halt be neMpcd "Llndar Oriaind" while lea other opiruapwU "I be tram -CumQnbm Caps': lk) each AlpcarAm cew,u"m the entire apammi bwween Lade and Customer with Tepecr to ft iebjecI walla tbneof plot p4n aada rN prnioua writinp ad Irdwalemdlnw of toy w(lk* wkit4opR. No AprK. wepiayaa, ar IePcAat wive a Laldw Ml any a%i wity to bird Lw4or to my reprately too w warmly c nmmn4 the Ravkv and, wales+ arch rqua caLmrlon or Wane■ty is "INcally nckkdni w tla Ahreemwx, d :hull r of be epforc%bk by Caloner 0p 4min Larder EL9CF1 Aa odwwae provided in SW(M ) of this AV6m% n, any a]odffaUti0n34 wmcrAmalu a waivaa to a AV=ffw rtl akait be elfepive only irMutual ly apTed upm d wrWnh wad duly amutad by mudvm td rcpeowwAvra of the pain. THE LCM AMAUW, CIN Tapp 0XUk1PW Iw A aEDGULLV WtSUaeDYew33nht0t ANO HAT "or 1e LMM rM ANY wAV AAA A1A1 Tr65 DMIACM 1r AL11MI) OR MAMIVLATW wtlrlDVT TMk IRIDa [MrA1'S9 IrAlTfEN [a1ATk M lW ATlT a ANTAL %EEVI('Ef, IN(' 1.11STOW R MAY nu M$kT! TIn9 EKXIP%UW (EnM tt rCUEwjC r0kWT tD A I-MISU o9t 2* MUMeM rT N I'm VMALTWUSTATE- Acknowledgerrlent f� Ampted By CMorm bolt catihr *0 Addle heck and am apes to all of am Iwma pot THIS DOCUMENT 15 NOT BINDING UNTIL ACCEPTED BY LENDER, ooditiar m lead► m peso I.7 of Mia Munielpal CtMklplae5rviaw Apenrlell WASHINGTON COUNTY, ARKANSAS DBA: Nwm rkd TI" (pion prim) OFINION OF COUNSEL LewKW Marna AT&T CAPI11TAL SERVICES, INC. no prinl) i.�` e [(64e. A Wilt rzapoet to tilt tertsta Man lclpal Ceap4ete5droam Ahreeneml ("Agraagael") doled-TWIVIS by a1d betweta AT&T Caphal Swvkeh Inc Sind Ikt "Ateltler, 1 so of the 000100 that: (Q for Cultaser k wild■ [be waiting of Saetift 141 of [Its Iriammi Reveaua Cade of Ifdi, as ■Aeadtd, a Slate a r a folly towdimced polllftal aubdlwleba err somey or his stole of tit Servk c Iqcnickmi described im the Agreement Urdo; IH) the exmilla, tleilvery mad patorrlmoce by Ilse Caalower of the A=reemaw kart bon duly autlothad by ell moetrvary noise m lie part of Ile Caltaee►r: &nd, 09 to# Agrwm tot coon Ilimin a lehltl, rand aad binding obHgat[on of tha Cnotemer to(* xahk lb mmordaner Wxlt tot Itrwr. x A[tarm ff APPROVED AS TO FORM JAN 19 2ti16 MqMM0MMMMWffAML Pale l of 7 Aa.rrY cl�wra..e. - a•t�mu Calomw to" x ... ADDENDUM 1. Notwithstanding anything herein to the contrary, if any patty is required to take legal action to enforce the provisions of this contract, then the prevailing party shall be entitled to recover all costs and expenses, including attorney's fees. 2. Notwithstanding anything herein to the contrary, no indemnification or arbitration provisions shall be effective. 3. Notwithstanding anything herein to the contrary, Arkansas law shall apply and venue shall lie in Washington County, Arkansas. 4. Notwithstanding anything herein to the contrary, Washington County shall not be obligated to pay any interest nor is it by the execution of the agreement herein as it is prohibited from doing such by Arkansas law. 5. Notwithstanding anything contained in this Agreement to the contrary, if -the Washington County Quorum Court fails to appropriate funds for subsequent periods within the term of this Agreement, the County shall not be obligated to make payments beyond the then current fiscal appropriations period. The Company's only remedy shall be to terminate this Agreement at the end of the period which notice is given and take possession of any equipment owned by the Company, Company shall be entitled, however, to any payments and other payments due and owing during any previous period. WASHiNaMN COUNTY, ARKANSAS BY OARhd&e BY. C94AJ44 5L0-ml--5 AM- . (OOMPH Y) %wow aut ATd.T Capital s.rvicas, Inc, insurance Request 2000 W, AT&T Center Drive Off ce: 8 0/� 731201IL �-� Municipal CompleteSerwces Fax: 8471326-0643 SM Agreement Number:001. • Dated: Customer (include MMus, modal, Wrlai r,o,, as mma a "IftaNy dersrtbed on ■rsy Serske purcheae agrWnentj or purchase ardare) Service Supplier Insurance Insurance Company/Agency —T Agenfl$rakor Name Addmsa (If different from abova) Please notify your insurance company to forward a copy of your Insurance certificate to our office zip I T P011cy LI►nits Please amend the *bow policy to Include coverage on the above -described Servlce as follows: COMPREHENSIVE GENERAL LIABILITY COVERAGE In ere amount cF. $1,000,000 (combined single limit) Plaaw Issue to Lender at Its addrosa *Non shave, an indorsement to, the above policy (1) riming Landar as addMorNl Insured aadiesa Payee, as Its JMWO t may appear on On Servlas, and (2) agreeing to give Lander thirty (30) days prior written notice of the aflecllw date of an sflerstion ar cancellation of such policy, Acknowledgment We appredate your cooperation In attending to this matter as qulddy as possible. Noma and etle (rplease print) — t 0 aw AT&T Capital Services, Inc. 2000 W. AT&T Center Drive Hoffman Estates, IL 50192-5000 tNflcs: OM23-7312 Fax: 8471765-0824 ACCEPTANCE CER TIFICA TE M 6p7•14-2044 To W*n The undaslanad Cuomw Mneby as oNe that tM S@NW* datcslbad In FAunbWprI CampUt*U yjaaa SM Aynetnerd No. M02oo-006 Is accepted byCurtonwr (or aN purpvs�a urKW Ufa A9rMmsnt. Cwtanrlr haraby dlra, Lander to pay !ha vendor br IM tirrvip. UPON ACCEPTANCE, PLEASE MAIL THIS CERTIFICATE TO: CloWla Rodrlplu AT&lr Capita Services, Inc. 2000 W. AT&T Canter Drive Location No. 401O HolOnan Estates, IL 00192.5000 APPROVED AS TO FARM JAN 19 2016 (IIA81WTON L�OAI[IYA bbolvaCo1I-ay.„e - M 4.3014 201602034189 at&t AT&T &NAT mm ET *3w MXV"m # (MOTATE FttFC W SCtlMU PROY oED M MUANT To CMOM TiRMS E L T06 N. MA Aw JdOlrovrr : AR Can , isA CeaMd �aa MatTni� Tlk 911 D*dor S1nal Add m 106 N. Alf Ate, Foya**% 9&Wbfhv%k". AR 21p Coda: Iml ter• USA Taitphom, 4'&530Tf11 Fate OtMdnr Aoc W K#Nwr or Waft Aanur>il Nambar: 136234UA AT&TMARAMr+«m ft 221"ji-ft=— AT&T Ca*sd A7 Na, MEFIIQT}f(; AT&T TAN Vpk+6irt AT&T Sw**-� Amwe) ATAT C~ Ow dola8 Ftrrra: Kdp Ned St.d Aibwa: I i I i Wed CNpW Clgr Lkb lbdr 91iW"o*m: AR Zlp Codw T2211 Corrtky; USA TNtaphory: 601.at-M1 FIX Emd .- M"626d Wn SNi Aamch Mw+w +twit tttn.dow wo %M: m mow UW SlraiL GEM 8" Reim. SW AT&T Corp. On AT&T Way WOI*Wm NJ STi2M-T62 ATTN:1irMrt,r AWm wrt &jpW Tian AT&T SMiie PomWr or Rtiptwa dmom &dwma m ] O Firers: CM*" Naar: AqW 9kwi AMraw CNy: UNW, 23p Cade: CArl USA TdWona: Fp: Emd: AWA Code Thk Ftkdtp SoftNtAtiN br be morA {aj idN #ood below { wvW ] is W of to AWwwd rdtarw*w N6ws. Crdibrw mgnW NW b klrrity be WO cwvb "w4 not be pu6&dy 00* ood by AT&T or by aR nPVAafory c"Nsdon, unhm M*rmd by leer. Cdww **novAKt a rid ovOn Ctal Ste kriinrtdkt lr * WdxfiW bjw,ko and kdNntNaaridt tAq oor4Um ion pwiw d po%) w h" d ft W hk an wry Sw w. AT&T CaRmto oo w* prwki n Wig and wAK*m "Mow b Md Was, wAich g" *0 &mW 10 CNf ow NU&IC ow m oA w 4 bN br f+trrrr * Sartkm To I* Omit f* AT&T Cdik>tnla makaa ltbr+" of truer dtarQat mwiFiiN C d rw ff""tl4r6f" &am km ■ wet to mk CvrW= owAmv moor d AM AT&T watmw bcridk'rq l W Arawrv*on dommw*dpxd*g the kttrlakWn rmgerkwmw* d Ara Silr(N}. Ck*W w (by b wtkdnd W wantdtn) ATAT ft b Nam; 1s�7 - TAa: �— Prkllod or T Nma: James Holcomb Tt&a_— 9 Manager Cudgmer, GontreCts_ Do., Dow 09 Feb 2016 Fa AT&T hAamrl meoft: Car,ffdrA Crrddlny wed 6ilarrp Ftsrnbar (Ca!,A1Mj: mwm ri IMMS am t tx►R?alaiN„�rf ,AT&T aryl LyNlktaerar i'wadliNtr/ril MwtrriiM �—holds i i WJ - TCAG end IMC - r astate -TBD Plom slpn by AM 30, 2016 AT&T SWITCHED ETHERNET SERVICE" {Irsarsetate) Prkhv Sc4duto Pm vldod Pursuant to CuM m Terms AIJ r HRCI$2iCo5 ftlng Sd►adUls No. Ortptnd ERe vs Dab: ems uomporwo MOM* Racwrfrq Rats awl Non4+rmft Ct► " Cwff tied Informative Rota (CIR) As SP#dW In Attachment A Or Clan of Ss VO (COS) tpKtkd h Abdvnent A Committed InbnnWm Rate (CIR) 75% dkmnt off of the Servfoe Putsl Wm monthly Mm*g *a thrrr in 9%, d br the krMW or Um of SwAoe (Cos) avt CIM08 for the EPP term "ual to tha Minimum PgMWvI Period of 1* essodeted Cuatnrw Port fbd In Atf arltment A Connactiae or 9 no each EPP Wn aidsh Ulan the naxt shorter EPP term 'y!� kussm Oft do not mquim phpk* ehenpas to AT&T's equtomeot or ammedivns at Cuatofmr SWai 5. WAIVERS wwvw cw" hio(-(a —ft ChOM wafverayil my. wias identified in AttachmeM A 6. RATES AND CHARGES; QUANTITIES; NTIAL SITE AND SERVICE CONFIGURATION See Mmchmamt(s) A. This Pddnp sd*Wle h Cuaty Ws order for any new Ser*u shown on Machment(a) A. ALFU vt 11.i9.1s axis »uavvzv� ATAT and Cuv6wrrar Conllde"kftmm don rit�tttasaafroea�] nape 3 d 5_ 1r,0U941M WK# - TCAL and ILEC - intrastate -TBD — - F a AT AM*gAMM_ Use Only Pieaso sign by AW 30, 2016 9 ScMdub No. 4r19i1a1 Etlediw Deb. AT&T SWITCHED ETHERNET SERVICE'N (Intrastata) PrkNp Schedule Provided Pursuant to Custom Tam N S ATTACHMENT A — Aftmas RATES and CHARGES; INITIAL SERVICE COMPONENTS, SITE and SERVICE CONFIGURATION a Washington County ® r=01�l !'. 11 i .1 . attfed Mon" ToW &ifiad Standard Nongseunirto Bleed Non•reourrfnq TaW liMad " Smica Umpononts I WwMy Qwm*y KKuning MotAy Charya (PIRG)', chwp wits . Cher" New Exbtk4 R I Recurring ENaw Swvke (Herr Sae W (MRRj per Rah (Oty x Components Compmants oesyj, tad MCI — urW MpUt) e*A Pw wO per unR Customer Port Conna don -100 Mtge 1 6 0 $143.75 $ 962.60 $1,925.00 $ 0.00 $ 0.00 Basic / EYQEX 5Mb CIR I Business Critical Mearn - ask 5 0 $112.50 $ 562.50 $150.00 $ 0.00 $ 0.00 Only IRGEAX 20Mb CIR l Business CdkW Medium - Basic 1 0 $ 225.00 $ 225.00 $150.00 $ 0.00 $ 0.00 OnyIR6EDX TOTAL bllaci MRR end NRC for Service Comp wds and $1,660.00 10.00 Qwtbes baled am: 'Any difleronce between the standard NRC and the tinted NRC has been waived. Chanyea for special omstruction. N needed, rear also appy. N any CAR or Cos is decreased before the end of the Minimum Payment Period, earty bm irw6 n charyea wiM not OR*: the MRR for the new CIR or COS wdl be ft then carton! Service PufJicaWn rats roc the EPP Lorm epai to the Minknurn Payment Period or H no each EPP farm sidsis dw the next shorter EPP term, ®�_ � u,. 1 +, taus •,ss u sslr :i Roq*od kwtsllation ode bto try S6lortfal Ch" Wdhin ate (a) months eff the Effedive 30% oP MRR (perU rnontfle prorated) for each 'Quanfffy Play Service Cwpw" mat installed by Dais uoft AT&T dWq Requirod Instateion Date unW Installed or, N not (Walled, un0l the and of the Aidng Schedule Term MHOW v1 11.13.15 BFW V lJAVVZV aeR,}LE Y.6b106116,6 Ru 7 eaBiiaeaaal AT&T and Cusb m Cor"ntW Inbarrnsllon 4d6 WK#-TCAL Bnd ILEC - Int Tale -TB© - - m --- — Plam sign by ApA 30. 2016 AT&T SWITCHED ETHERNET si;RvlCErs Ilntraststey Pr4dnp Echodule Provkt*d Pureusn! to CuMom Term; A-3 ki RU I N and Table 1- CompWo a line fareach CUM~ Port Concoction. Ring SG�eduid No. Original Effw;M Dale; Port D fi steal Addewo City slab Now or Exbfinp Swvka 1 140 W ROCK ST _ FAYETTEVILLE AR NOW 2 201 SPRING ST SPRINGDALE FAYETTEVILLE FAYETTEVILLE _ AR AR AR A New NOW New 3 155 3 RAZORBACK RD 138 N EAST AVE 4 5 1 1155 W CLYDESDALE DR W S SCNOOL AVM . — FAYETTE 112 AR New 8 FAYETTEIALLE AR New Table 2 — 8arvla Companerxs auacWW WM Cwtonw Port Concoctions Ido fled obese. Pert 109 Customer Part Con"cu" spw CR $pod 1 Tier Clars of Servlcs I Packsp Rsponsr" 1 100 Mbpe Basic _ 5 MbpB Bus. Critic) - Msd. Iseleal 2 100 Mbps Basic 5 Mbps Bus. Critical - Mod. PIOA 3 100 Mbpe Be* 5 Mbps Bus, Critical - Mod. ISeleal 4 100 Mbpa Bitelc 20 Mbps Bus. CnVW - Med. (Sel kQ s i0o Mbps sasic 5 Mbps Bus. Critical - Mod. [Select) s 100 Mbpe Basic 5 Mbpe Bus. Critical - Med. [Sow] Table 3 — Features eeeaeleted with Customer Port Connections kbndW above. Post Of Addl VAC Addnges Aftomote 8errk>g S wkh Diverse Acaao Advanced Access Fs* wr Enhanced Mulk4w 1 (Select) [SOW] (SOW] (sal [saw) 2 (sal Ism] (8811101 (sow) 180" 3 (s•wl (saw] 1-1.4" [mil [sawdl [SW$d1 4 Iselece — [swedI I [S*dl [mil 5 f (seladl -.... _ _ . (salsa) � lselikti � (s.leal [sow) [sow] (soot+} Isewl (Select) (selecll End of Document $4149M rl 11.13'15 sic i-SURVVZV ATITend.Cuofon+erCoslfidsnti.lInty+�CJC3paJnl� rafilW5.5 ril P1:7?2n66I1 Page 5 d s t at&t AT&T Ca%Aw 9ar►arw. Wj& 36 0. f W(Wow Amw" I' Fbnr, Suert C Pb* F*19k A ew"40If 0046eao324-rni AMENDA(Wr TO SCHEDLLE NiO. 50102004)03 TO THE MUNICIPAL CfaUKETESUNICES AGREEMENT WITiD 12116MS BY AND RETWWN AT&T CAPITAL 81MVIC0, INC. (" LE'SWR,l AM 0 WASMNGTGN! COUNTY, ARiSANSAB (-LE. WE-) Cr% November 10, 2016 p 1 Mr. JWn Ltrdter .._. YVat:tli lon C mty, Arkansas sa1 250 Nolth Cofto Fayepee, AR 7270t � I Ti vlr t]6er Jahn: N Effscttve woo 1110i116. that +hove roWenced Schedule and all related document66m are hweby l30 amended as foifoy s: AD Wisitlon cast ch&.npad train $414.000.00 10 6454,865.00. ❑ Equipment ockled Equipment deseriptw. ❑ Equipment vlYTn nsletl Eguprl em doecrop on: ® Odwr, due to: Uplmnl Sake fax 640#M.00IN SO@ of AR ® Rental payment changed from $7.572,06 to SL 1D.34 (plus applicable taxes). Lo&so Term from to 8 ctwkgod months months. EWPTenl location changed From: N e►l To: ❑ CoMroot nwrAW ohwnglyd from 10 ❑ SWVI@ IffWast Rafe changed from % to 9G. The Lessee spans+ and *ekrvwiedges OW the Regwei for kuxrrerice originally signed by this Le"" Nor this Schedule *1 apply Io the addilfonati Equipment listed above. AP cdw tomes and conditions of the Schedule and the Equornent LsawPurchase Agreement ('Agreern*rW) shall rarnaln In fur force and of act AN coolourlad !arena used herein and oat deflrtad heroin shod haw fha row* s 6a set krth or mf000d to In the Agewnent. Pieaas sign and rohma 0" arnarKhffd to Claudia Roddgwx wifhirn We days, indlcdlnq your &WaveI of the mod fko110*6) to the Shcsdule, AGREED AND ACCf-PTED: AT&T CAPITAL SERVICES. INC. WAsHfi40 ['+]IJMY, AAKANAA>R aV., BY: TR1. k ,_ TITLE: I[ /f �iO t1r11 �1r1]rtA f , L�►lael 6)A*a i TM LOW APPf1lIM6f0i OUTING DOM EMTM A tl G ALLY OMM MID TRAD■U ML AM NAY WT 00 USED IN AM WAY UM MAY YMI! SOCUUMY M Ntrttti M W MA1rm"Tw Wnwlltr YIw Pm" IXFNM W NI I 00=0ff CW ArAT CAWAL arZ1IVMo6s, rlo. Ltd MAY YIN{ eon: WW MM BACTMbM ft MtAT ry A rAtroelle owe av rITNt1TIIa rr et tTa UIiAL1RAl4 fT AT O CONTRACT ADDENDUM 1. Notwidistanding anything herein to the contrary, if any party is required to take legal action to enforce the provisions of this contract, then the prevailing party shall be entitled to recover all coats and expenses, including attorney's fees. 2. Notwithstanding anything herein to the contrary, no indemnification or arbitration provisions shall be effective. 3. Notwithstanding anything herein to the contrary. Arkansas law shall apply and venue shall lie in Washington County, Arkansas. 4. Notwithstanding anything herein to the contrary. Washington County alrll not be obligated to pay any interest nor is it by the execution of the ■gieenwit herein as it is prohibited from doing such by Arkansas law. 3. Notwithstanding anything contained in this Agreement to the contrary, if the Washington County Quorum Court fails to appropriate funds for subsequent periods within the term of this Agreement, the County shall not be obligated to make payments beyond the then current fiscal appropriations period. The Company agrees, as a vendor to the County, to abide by all applicable Federal. State and Washington County statutes, regulations and rules, including but not Iimitod to Equal Employment Opportunity and Drug -Free Workplace laws. The Company's only remedy shall be to terminate this Agreement at the end of the period which notice is given and take possession of any equipment owned by the Comfy• Company shaU be entitled, however, to any payments and otherpaYmcnts due and owing during any previous period. XTT CAet*9L9E0Xl1:25,3:Pc. WASHINGTON COUNTY, ARKANSAS (COMPANY) BY By:. MARILYN EDWARDS, County Judge VM231L t vec,�64 (rev. 7/16) I I w atm AT&T Capital Services, Inc, 2000 W. ATAT Canler dire Hpllmw EHsrea, IL M92.5000 001008OD13484KW Fax: 8471326" ACCEPTANCE CERTIFrca TE Tq LafaOr: 7hs undsraV¢nsd Lssaee hot rbyoerllRee Ihst all Equlprtwnl Ise.csilled fn FMmS Cornp3s6rLesM 9 Ad/QrMrtcanl Mo. 9f1g20D-064 i,ea been dellwred to Leeaes and Ins b{IJRd; that she Equlpmerd hes burs Inspecisd by Lou" end I4In good vpwstirr¢ order; and that &A EgL%24wj to OCCOP104 by Lessee W all pvipaaoa undm Ma Loom. Lasses herby dimKis Lessor W pay to wendar hH the EqulpnenL WATSHIHOTON COMTY. ARXANSAS �equ-Tpmanl -- - 911 YPSTASYSTM WRN WSTALLAMN AND TRAINING ri UPON ACCEPTANCE, PLEASE MAIL THIS CERTIFICATE TO: CLAUDIA RODRIGU15Z ATO Cspltsl Services, Inc. 2000 W. AT&T Center Drive LDostion No. 4C310 Holtman EatuMs, L 80102-50W Lease 0 (Oft APPROAD AS TO FORM WAS HINGMN =WATT � ,7 aLC?tL AT&T Capital Bervloes, Inc. 2000 W. AT&T Cenler Rehr Holhwen 1561AW, (L 00102d000 Otrlm, 8001.i23-7312 Fmc $471766-0624 ACCEPTANCE CERTIFICATE To Lander, The matrrlgrsad Customer hereby ew W" thel the PeMee domxWW In Munkipel Camplebs.rvlcew- sr,1 AW"r"M Ka 3610=0403 Is acoaptad by Customer for all pmpowe: under the AonereerN. Cue~ hereby dkw% Lender to pry the vendor for the SeMes. re wmw Refer WASHWASIlitM Y ARKANSAS W alipam R Smite 9 YEAR MAINTENANCE SERVICE N rage md all (pkmr prlwr) x A) U,,- /JA47M C� x UPON ACCEPTANCE, PLEASE MAIL THIS CERTIFICATE TO: Claudio Rodriguez ATILT Capita 3mvices, Inc. 2000 W. AT&T Center Drive Location No. 4C31 D HoNfrtan Estates, IL 60192-5000 V km i [ate: w. Qwy, APPROVED AS TO FORM NOV 04 Q16 MOM 0081i1Y A EY "Mod c,.rs.miw . ,.i AT&T Capital Se vk*s, Inc. �1 a ` t 2000 W. AT&T CenMr 00" HaMmen Eatkaf, IL OM02- 000 �— OM m: 5001323-7312 I'm 847116E4824 ACCEPTANCE CERTIFICATE w To Lander: The Ulld MIVad CUMjMr hefeby cefM" tied IM isrvlaa dW9dbed In MunklpN CanpirWa�rias ApnenMnt 110. M111200.005 Is wmpMd by curEo w for all pvrr under the Apf wwd. Cud~ Mnby dlnea Lender to pay OW carder for do ilu+rlee. WASHINGTON COUNTY, ARKANSAS D*sr *dw of Zwvk* 5 YEAR MAINTENANCE SERVICE >Ka� arw �kle {yleara Drtat} — Data PAWR M T+� A1Krwrrt I +rw i UPON ACCEPTANCE, PLEASE MAIL THIS CERTIFICATE TO: Claudia Rodrigues AT&T Capital Servk4m, Inc. 2000 W. AT&T Center Drive Locatlon No. 4C31D Noffman Estatos, IL 60192.5000 APPROVED AS TO FORM NOV 28 201E WASHINM MM d at&t ATAIr Capllsl Ssnrlc". Inc. 2000 W. AT&T Comae arive H~ ENmia, IL 80101.5000 Fax: 847r378-%43 ACCEPTANCE CERTIFICATE To L.asar; The underslpnod Lose" Irsreby aW A6* IhA 0 6gWpmf%i deeadbed In Mwd CompkWUsrasm ASr*wrAM No. MIDIO&M hw 6W OOKVF d 0 Lssaee snd kwftiWd OW The 6QIAprt*M Me bean Inrpected by Lowe snd Is to #ved opu+dng "r; and lhel fim FperWr*U Is scWQlsd by Lawee fw 0 pur poem rmdM ft Lams. Lemm hmsby dk6cta Laosm to pay Yee vendor for the Eq*wwmm. laeew WASF WTON COW", ARKAWS 4 womom "I VIWA SYSTEM WFM ISTALLAMM AND TRAWNG Name ww oft (p6m" p1 - -- w �� g� C'o�rth� �13 �/.4 UPON ACCEPTANCE, PLEASE MAIL THIS CERTIFICATE TO., CLAUDIA RODRIGUEZ AT&T Capital $wvllors, Inc. 2M W. AT&T Cantor Drive Location No. 4C34D Hotf m to E"ss, IL 60192-SM MPROM AS TO FORM NOV Z 12016 1tH1511YnON CDI111T'! A City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0850 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW WHEREAS, Ark. Code Ann. § 3-4-206 regarding the operation of retail liquor stores was amended to change the separation requirement for retail liquor stores from churches and schools from 600 feet to 1,000 feet; and WHEREAS, Arkansas law does not contain any separation requirement for businesses with other types of alcohol permits like restaurants, cafes, and private clubs but the Fayetteville Code currently requires 300 feet of separation from churches, schools, and hospitals. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 111.04 Application for Permits by repealing subsection (E) and enacting a new (E) as follows: "(E) No new permit shall be granted to any person to engage in the sale of liquor at retail, for consumption off the premises, for any business situated within the distance established by Ark. Code Ann. § 3-4-206, and any future amendments thereto, from any church or schoolhouse." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 111.04 Application for Permit by repealing subsection (F). Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.18 Supplementary Use Regulations by repealing subsection (B)(1) and enacting a new (13)(1) as follows: "(1) Church/School. No retail liquor store shall be located within the distance established by Ark. Code Ann. § City of Fayetteville, Arkansas Page 1 Printed on 1012212020 File Number: 2020-0850 3-4-206, and any future amendments thereto, from any church or schoolhouse." City of Fayetteville, Arkansas Page 2 Printed on 1012212020 Mary McGetrick Submitted By City of Fayetteville Staff Review Form 2020-0850 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/6/2020 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # 6053 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF Novemebr 5th, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Mary McGetrick, Long Range Planner DATE: October 6, 2020 CITY COUNCIL MEMO SUBJECT: Amend exsiting code in order to bring it in line with current State law in regard to the issuance of alcohol permits within 300 feet of a religious insutition. RECOMMENDATION: Staff recommends approval of an amendment to the existing City Code to conform to state law. BACKGROUND: Staff received a request regarding alcohol permitting. A restaurant would like to locate within 300 feet of a church and the owner plans to apply for a permit to sell alcohol. The City Code as it is currently written would not allow the City to issue any alcohol permit at the proposed location. DISCUSSION: During a difficult period for local restaurants and bars it is more important than ever that the City offer whatever resources and support which can be provided for new establishments to be permitted. However current City of Fayetteville code requires a separation of 300 feet between restaurants, cafes and private clubs and schools and churches. In organic, traditional city growth many different types of uses have existed adjacent and near to one another allowing for thriving and varied downtowns. In order to retain this type of organic growth to occur staff would like to bring city code in line with current state law. Currently City Code is not in line with state law in regard to the proximity of both retail liquor stores and other types of alcohol permits like restaurants, cafes, and private clubs in relation to churches, schools, and hospitals. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Current state law requires that the operation of retail liquor stores be amended to change the separation requirement for retail liquor stores from churches and schools from 600 feet to 1,000 feet. Additionally state law does not require any separation between churches and schools and restaurants, cafes and private clubs that serve alcohol while city code does requires 300 feet of separation. City Code should be changed to reflect state law by amending § 111.04(E) which contains a separation requirement for liquor stores of 600 feet to require 1,000 feet of separation. Similarly, § 164.18(B)(1) has the same 600-foot requirement, which should be updated to reflect state law. Additionally §111.04(F) should be amended to remove the 300 foot separation requirement to reflect current state law that provides no separation requirement. BUDGET/STAFF IMPACT: N/A Attachments: Ordinance City Atty memo LIL DEPARTMENTAL CORRESPONDENCE i, OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington Assistant City Attorney CC: Susan Norton, Chief of Staff Garner Stoll, Development Services Director r /�/�/%/� Jodi ParalegalBatBarke ke FROM: Blake Pennington, Assistant City Attorn DATE: July 7, 2020 RE: Alcohol permits near churches and schools I received an email a few weeks ago from Jonathan Curth about an alcohol permitting issue. A restaurant is looking to locate within 300 feet of a church and the owner plans to apply for a permit to sell alcohol. Unfortunately, the City Code as it is currently written would not allow the City to issue any alcohol permit at the proposed location. § 111.04(F) of the City Code provides as follows: No other permits shall be granted to any person to engage in the business of manufacturing, transporting, storing, handling, receiving, distributing, selling, or dispensing, either at wholesale or retail, any controlled beverage, except wine, for any business situated within 300 feet of any church or school building. The distance shall be measured from the nearest point of the church or school building to the nearest point of the building to be permitted. I believe this means that we could not issue an alcohol permit to a restaurant that is located within 300 feet of a church or school even though this is not required by state law. We have other code provisions that are not consistent with state law. § 111.04(E) contains a separation requirement for liquor stores of 600 feet, although state law was recently amended to require 1,000 feet of separation. Similarly, § 164.18(13)(1) has the same 600- foot requirement, which should be updated to match the state law. I have prepared an ordinance, a copy of which is attached to this memo that will amend all three of those subsections so our code will be consistent with state law with respect to the issuance of alcohol permits. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0896 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville Staff Review Form 2020-0896 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 10/16/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-POWELL, S22): Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties to RI- U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: October 16, 2020 CITY COUNCIL MEMO SUBJECT: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-POWELL, 522): Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject properties are located near downtown Fayetteville along S. Gregg Avenue. The request contains two adjacent properties; 226 S Gregg Avenue and 300 S. Gregg Avenue, with a single-family home that was constructed in 1936, and the other with a 4-plex constructed in 1916. The properties have been zoned industrially since at least the 1970s, and the current zoning district is 1-1, Heavy Commercial & Light Industrial. Request: The request is to rezone the two properties from 1-1, Heavy Commercial & Light Industrial to RI-U, Residential Intermediate — Urban. The applicant at 226 S. Gregg Avenue intends to make an addition to the existing single-family dwelling. No development plans have been submitted for 300 S. Gregg Avenue. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: This neighborhood along S. Gregg Avenue is primarily residential in nature, but has a mix of residential zoning districts, ranging from RSF-4, Residential Single - Family, 4 Units Per Acre, to RMF-40, Residential Multifamily, 40 Units per Acre, to R-O, Residential Office. Staff finds that these two historically residential properties, zoned 1-1, are a residual island of a legacy zoning district that no longer aligns with the current surrounding land uses; the by -right allowances of uses allowed in 1-1 at this location would be out of scale and compatibility with existing infrastructure and neighboring residential properties. The permitted Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 uses in the RI-U zoning district offer a diversity of housing types, which aligns with the current neighborhood conditions and the uses currently operating on the site. The requested district also offers compatible bulk, area, and height requirements. Finally, the requested zoning district would bring these properties into zoning compliance and eliminate their non -conforming status. Land Use Plan Analysis: Staff finds that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a City Neighborhood Area, which encourages a wide variety of uses, and a variety of housing types. The infill score for this neighborhood is high, so encouraging a zoning district that has no stated density maximum is ideal for this neighborhood in the long run. Further, RI-U and its associated build -to -zone will encourage any future construction at the street in an urban form and away from the sensitive stream corridor to the southeast. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Appropriate Land Use (City Neighborhood Area) • Near Grocery Store (Walmart Neighborhood Market) • Near ORT Bus Stop (Route 20) • Near Park (Frisco Park/Fay Jones Woods) • Near Public School (Fayetteville High School) • Near Razorback Bus Stop • Near Sewer Main (S. Gregg Avenue) • Near Paved Trail (Razorback Greenway) • Near U of A Campus • Near Water Main (S. Gregg. Avenue) • Adequate Fire Response (Station 1, located at 303 W. Center Street) DISCUSSION: At the October 12, 2020 Planning Commission meeting, commissioners unanimously voted to forward the subject item to City Council for approval with a vote of 9-0-0, with a motion from Commissioner Hoffman and Commissioner Belden seconding. Commissioner Hoffman commented that RI-U in existing neighborhoods has brought good outcomes but felt there is a risk for undesirable urban conditions that the commission should rectify before it becomes an issue. No public comment was heard on the item. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000012 Hoist -Powell EXHIBIT'A' Close Up View RZN-2020-000012 RMF Legend Planning Area L � Fayetteville City Limits L — — Trail (Proposed) I__ J Design Overlay District Building Footprint I-1 RSF-4 w Q z w 2 z W w O a RSF-7 Subject Property h 1111111i .,= -PRAIRIE ST- t t t Feet 0 75 150 300 450 600 1 inch = 200 feet L• SOUTH ST ti A& NORTH RSF-4 RSF-7 RW RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-2 Main Street Center Downtown General Neighborhood Conservation P-1 EXHIBITS' RZN-2020-000012 DESCRIPTION OF PROPERTY FROM DEED 2004-00026403, TO PATRICIA POWELL, PARCEL # 765-12964-000, COMBINED WITH PROPERTY FROM DEED 2018-00011281, TO STEPHEN MERRILL HOLST AND WILMA BURNETTA HINTERTHUER, PARCEL # 765- 12972-000, INTO ONE LEGAL DESCRIPTION, TO WIT; A PART OF THE SE V4 OF THE SW V4, OF SECTION 16, T16N, R30W, 5th PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER THEREOF, THENCE ALONG THE EAST LINE THEREOF, SOUTH 50 FEET, TO THE POINT OF BEGINNING, THENCE ALONG SAID EAST LINE, SOUTH 121 FEET, THENCE LEAVING SAID EAST LINE, WEST 132 FEET, THENCE NORTH 121 FEET, THENCE EAST 132 FEET TO THE POINT OF BEGINNING, CONTAINING 15,972 SQUARE FEET, OR 0.367 ACRE. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Review Manager Jessie Masters, Senior Planner October 12, 2020 Updated with PC hearing results from 10/12/2020 SUBJECT: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST- POWELL, 522): Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN 2020-000012 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 2020-000012 to City Council with a recommendation for approval." BACKGROUND: The subject properties are located near downtown Fayetteville along S. Gregg Avenue. The request contains two adjacent properties; 226 S Gregg Avenue and 300 S. Gregg Avenue. 226 S. Gregg Avenue contains one single-family home that County records indicate was constructed in 1936, and 300 S. Gregg Avenue contains a 4-plex that County records indicate was constructed in 1916. The properties have been zoned industrially since at least the 1970s, and the current zoning district is 1-1, Heavy Commercial & Light Industrial. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Sing e-Farnily Residential RSF-7, Residential Single -Family, 7 Units per Acre South Undeveloped/Single-Family Residential R-O, Residential -Office East Undeveloped DG, Downtown General West Multi -family Residential RMF-40, Residential Multi -Family, 40 Units per Acre Request: The request is to rezone the two properties from 1-1, Heavy Commercial & Light Industrial to RI-U, Residential Intermediate — Urban. The applicant at 226 S. Gregg Avenue intends to make an addition to the existing single-family dwelling. No development plans have been submitted for 300 S. Gregg Avenue. Public Comment: Staff has not received any public comment on this item. Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 1 of 14 INFRASTRUCTURE: Streets: The subject area has frontage along S. Gregg Avenue, which is an unimproved Urban Center street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 6-inch water main is present in the center of S. Gregg Avenue. Sewer: Sanitary sewer is available to the subject area. An existing 10-inch sanitary sewer main is present in the center of S. Gregg Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. Hydric soils appear to be present on the west side of the subject area. The property does not lie within a FEMA floodplain, but Tanglewood Branch, a protected stream, in present in the southeast portion of the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center Street., protects the site. The property is located approximately 0.6 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site, with a weighted score of 17 at the highest level. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Appropriate Land Use (City Neighborhood Area) • Near Grocery Store (Walmart Neighborhood Market) Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 2 of 14 • Near ORT Bus Stop (Route 20) • Near Park (Frisco Park/Fay Jones Woods) • Near Public School (Fayetteville High School) • Near Razorback Bus Stop • Near Sewer Main (S. Gregg Avenue) • Near Paved Trail (Razorback Greenway) • Near U of A Campus • Near Water Main (S. Gregg. Avenue) • Adequate Fire Response (Station 1, located at 303 W. Center Street) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: This neighborhood along S. Gregg Avenue is primarily residential in nature, but has a wide mix of residential zoning districts, ranging from RSF-4, Residential Single -Family, 4 Units Per Acre, to RMF-40, Residential Multifamily, 40 Units per Acre, to R-O, Residential Office. Staff finds that these two historically residential properties, currently zoned 1-1, are a small, residual island of a legacy zoning district that no longer aligns with the current surrounding land uses; the by -right allowances of uses allowed in 1-1 at this location would be out of scale and compatibility with existing infrastructure and neighboring residential properties. Staff is supporting the request to rezone the properties to bring consistency to the neighborhood, and supports the request for the RI-U, Residential Intermediate — Urban zoning district. The permitted uses in the RI-U zoning district offer a diversity of housing types, which aligns with the current neighborhood conditions and the uses currently operating on the site in question. The requested district also offers compatible bulk, area, and height requirements. Finally, the requested zoning district would bring these properties into zoning compliance and eliminate their non -conforming status. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a City Neighborhood Area, which encourages a wide variety of uses, and a variety of housing types. The infill score for this neighborhood is also high, so encouraging a zoning district that has no stated density maximum is ideal for this neighborhood in the long run. Further, RI-U and its associated build - to -zone will encourage any future construction at the street in an urban form and away from the sensitive stream corridor to the southeast. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezone from 1-1 to RI-U is consistent with long-term land use plans, and brings the site into agreement with City Plan 2040 as a City Neighborhood area, therefore making this request justified from the City's Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 3 of 14 perspective. The 1-1 zoning no longer aligns with the current surrounding context, nor the long-term land use plans for the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RW does have the potential to increase traffic to the street by allowing residential uses by -right. However, given the acreage on site, and that one property is currently a 4-plex and the other is a single- family dwelling, staff does not find that the by -right use allowances in RW would increase traffic danger to an unsafe condition at this location. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from 1-1 to RW would have the potential to increase the population density, since 1-1 does not currently allow residential uses at all. That said, the properties are already residential in nature, and any increase in population density would likely be absorbed by the existing infrastructure. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2020-000012 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: October 12, 2020 O Tabled Motion: Hoffman Second: Belden Vote: q-n-o [711 Forwarded O Denied Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 4 of 14 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.30 - District 1-1, Heavy Commercial And Light Industrial o §161.12 - District RI-U, Residential Intermediate - Urban Request letter • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 5 of 14 161.30 - District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Unit 6 (Unit 13 Unit 16 Government Facilities Agriculture [Eating places Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts I50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 110 feet Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 6 of 14 Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3- 06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982 , §1, 6-20-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 7 of 14 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Cluster housing development Unit 44 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Unit 24 Limited business Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other ISideSingle& I Rear Other Rear, from centerline Uses Two (2) Family Uses of an alley A build -to zone that is located between the front property, line and a None 5 feet line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* 5 feet 112 feet Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 8 of 14 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 9 of 14 Dear Planning Commission, I, along with my neighbor Steve Holst, am writing to request that the properties 226 South Gregg Ave and 300 South Gregg Ave be rezoned from an industrial district (I-1) to a residential (RI-U). Both of these properties are residential in function. There are no current or future industrial uses/purposes for these properties, and it appears the current zoning district is outdated and no longer complies with long-term land use plans for the area. City Plan 2040 identifies the location as a city neighborhood area, making it's rezoning all the more appropriate. City Neighborhood Areas encourage dense residential development, which the requested zoning district allows for. It came to our attention that the properties were zoned as industrial when I, Patricia Powell, submitted a building permit to add an addition to my home (226 South Gregg Ave). The permit was automatically denied due to its non -conforming use status and I was informed of our current zoning. We request RI-U zoning to bring our non- conforming structures into compliance so that further improvements to the properties can be made, to align with future land use plans for the area, and to bring compatibility to the surrounding neighborhood. Please accept this application for rezoning. Sincerely, Patricia Powell and Steve Holst Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 10 of 14 Agenda Item 5 RZN 20-000012 Holst-Powell Page 11 of 14 RZN-2020-000012 Hoist -Powell Close Up View I W a j iu-u r24ILU Z, Legend Planning Area L � Fayetteville City Limits L Trail (Proposed) I _ J Design Overlay District 0 75 150 Building Footprint � SOUTH'ST a co W 3 fo 1i A& NORTH RSF-4 RSF-7 RI-U RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Feet Residential -Office 1 C-2 300 450 600 Main Street Center Downtown General 1 inch = 200 feet Neighborhood Conservation P-1 Planning Cc ssion 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 12 of 14 ssion 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 13 of 14 RZN-2020-000012 Future Land Use PU STONE ST I i I W a Cit Neighborho 2 4 IN LUTHER i JR BLVD Non -Municipal Government Legend Planning Area - - Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint Hoist -Powell Fj > a O Civic and GRej Private ,Open Space i i i Feet 0 112.5 225 450 675 1 inch = 300 feet MOUNTAIN ST Civic Institutions OUTWST� ,.NAB BLV D J O O Im V i! TH ST A lilies City Neighborhood lilil� Civic Institutional lllll� Civic and Private Open Space Industrial lilil� Natural Non -Municipal Government 900 Residential Neighborhood 111 Rural Residential lilil� Urban Center Planning Co mission 2, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0898 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 RZN 2020-013 (420 E. REBECCA ST./BUSH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-013 LOCATED AT 4200 EAST REBECCA STREET FOR APPROXIMATELY 0.29 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville Staff Review Form 2020-0898 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 10/16/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 2020-000013: Rezone (420 E. REBECCA ST./BUSH, 446): Submitted by RACHEL BUSH for property located at 420 E. REBECCA ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.29 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: October 16, 2020 CITY COUNCIL MEMO SUBJECT: RZN 2020-000013: Rezone (420 E. REBECCA ST./BUSH, 446): Submitted by RACHEL BUSH for property located at 420 E. REBECCA ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.29 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located at the northwest corner of E. Rebecca Street and N. Olive Avenue, and is located just east of the Washington -Willow Historic District. The property is currently zoned RSF-4, and contains one 2,465 square -foot single-family dwelling that was constructed in 1905. The property is part of the Gunter Addition, and based on a survey from 2011, appears to encompass parts of three lots from that original plat, lots 3, 4, and 5 from block 26. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RSF-8, Residential Single -Family, 8 Units per Acre. No specific development plan was submitted with this proposal. Public Comment: Staff received phone call and email inquiries about the proposal, and one comment in opposition to the request. The neighbor was concerned about an increase in density, and negative effects on the current neighborhood character. Further, the neighbor wanted to see protections that historic homes in the neighborhood would not be demolished. Land Use Compatibility: Staff finds that the request is compatible with current surrounding land uses. Though the property is surrounded by RSF-4, Residential Single -Family, 4 Units per Acre, the RSF-8 zoning district has lot width, bulk and area, and use allowances that are very compatible with the surrounding context. Firstly, the RSF-4 zoning district has a lot width minimum of 70 feet; many of the lots directly across the street on both N. Olive and E. Rebecca are not currently meeting that minimum, with lot widths that are narrower and more closely aligned with Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the RSF-8 required minimum of 50 feet. (For historical context, the original Gunter Addition plat which this site is a part of shows the surrounding neighborhood as being platted with 50 foot lot widths). Secondly, the use schedule of RSF-4 and RSF-8 are identical, so staff finds that the request is compatible from that standpoint. Thirdly, staff finds that given the total lot size of 0.29 acres, this would only allow an increase of one additional dwelling unit. Given the high infill score for the neighborhood, staff finds that this increase in density is suitable and brings the property more in line with future land use plans. Land Use Plan Analysis: Staff finds that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and gridded street patterns. This current neighborhood exhibits both; further, the RSF-8 zoning district is intended to bring historic platted developments into conformity. Given the historic nature of this area, staff finds this request is compatible. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Near Grocery Store (Ozark Natural Foods) • Near ORT Bus Stop (Route 10) • Near Park (Wilson Park) • Near Public School (Washington Elementary School) • Near Sewer Main (8" main N. Olive Avenue) • Near Paved Trail (Marked shared roadway along E. Rebecca Street) • Near Water Main (10" main E. Rebecca Street, 6" main N. Olive Street, 12" main N. Olive Street) DISCUSSION: At the October 12, 2020 Planning Commission meeting, commissioners unanimously voted to forward the item to City Council for approval with a vote of 9-0-0. Commissioner Hoffman made the motion and Commissioner Garlock seconded. Commissioners found the request to be compatible with the surroundings and historic lot widths and commented that this neighborhood would not be able to be built today under current zoning regulations. At the meeting, one property owner in the neighborhood expressed concerns that the rezoning would undermine current neighborhood character. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000013 Bush EXHIBIT 'A' Close Up View RZN-2020-000013 PROSPECT-ST Legend Hillside -Hilltop Overlay District ` Planning Area - ' Fayetteville City Limits Trail (Proposed) Building Footprint a• a 1 1 1 FRITZ DR-,-,FRITZ CT/ ' Subject Property REBECCA'ST W J � Q JOHNSON ST W Ln d J J Q W Q W J Q Feet 0 75 150 300 450 1 inch = 200 feet o � M ' 1 1 1 1 1 1 1 . 1 � 1 RSF-4 1 1 I 1 1 i �1 — � 1 1 1 1 I / I 1 ASSEMBLY _ DR } W OF Ga J.M QLn ' Z 0 a Coo 1 � I� - � I 1 I NORTH :11 RSF-4 RSF-8 EXHIBITS' RZN-2020-000013 Legal description of parcel number 765-06131-000, 420 E Rebecca St, Fayetteville, AR 72701: The East 100.00 feet of the South half of Lot 3 and the East 100.00 feet of Lots 4 and 5 in Block 26, Gunter Addition to the City of Fayetteville, Washington County, Arkansas, as shown on plat record "4" at pages 51 and 52 and plat record "5" at page 53, and being described as follows: Beginning at the SE corner of said Block 26, thence West 100.00 feet, thence North 125.00 feet, thence East 100.00 feet, then South 125.00 feet to the point of beginning, containing 0.29 acres, more or less. Subject to easements and right of way of record. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Review Manager Jessie Masters, Senior Planner October 12, 2020 Updated with PC hearing results from 10/12/2020 SUBJECT: RZN 2020-000013: Rezone (420 E. REBECCA ST./BUSH, 446): Submitted by RACHEL BUSH for property located at 420 E. REBECCA ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.29 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 2020-000013 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 2020-000013 to City Council with a recommendation for approval." BACKGROUND: The subject property is located at the northwest corner of E. Rebecca Street and N. Olive Avenue, and is located just east of the Washington -Willow Historic District. The property is currently zoned RSF-4, and contains one 2,465 square -foot single-family dwelling that was constructed in 1905. The property is part of the Gunter Addition, and based on a survey from 2011, appears to encompass parts of three lots from that original plat, lots 3, 4, and 5 from block 26. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Sing e-Farnily Residential RSF-4, Residential Single Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single Family, 4 Units per Acre West Single -Family Residential RSF-4, Residential Single Family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RSF-8, Residential Single -Family, 8 Units per Acre. No specific development plan was submitted with this proposal. Public Comment: Staff has received phone call inquiries about the proposal, and one comment in opposition to the request. The neighbor was concerned about an increase in density, and negative effects on the current neighborhood character. Further, the neighbor wanted to see protections that historic homes in the neighborhood would not be demolished. Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 1 of 15 INFRASTRUCTURE: Streets: The subject area is a corner lot with frontage along E. Rebecca Street and N. Olive Avenue. E. Rebecca Street is an unimproved Residential Link Street with asphalt paving and open ditches. North Olive Avenue is an unimproved Residential Link street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 10-inch water main is present along the south side of E. Rebecca Street, an existing 6-inch water main is present on the east side of N. Olive Avenue and an existing 12-inch water main is present along the west side of N. Olive Avenue. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along the east side of N. Olive Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District, nor within a FEMA Floodplain. Hydric soils do not appear to be present on the site, and no protected stream is present in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W Center St., protects the site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately 6 minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. This site is outside the Fire Department's goal of 6 minutes for an engine response. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 2 of 15 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site, with a weighted score of 11 at the highest level. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Near Grocery Store (Ozark Natural Foods) • Near ORT Bus Stop (Route 10) • Near Park (Wilson Park) • Near Public School (Washington Elementary School) • Near Sewer Main (8" main N. Olive Avenue) • Near Paved Trail (Marked shared roadway along E. Rebecca Street) • Near Water Main (10" main E. Rebecca Street, 6" main N. Olive Street, 12" main N. Olive Street) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds that the request is compatible with current surrounding land uses. Though the property is surrounded by RSF- 4, Residential Single -Family, 4 Units per Acre, the RSF-8 zoning district has lot width, bulk and area, and use allowances that are very compatible with the surrounding context. Firstly, the RSF-4 zoning district has a lot width minimum of 70 feet; many of the lots directly across the street on both N. Olive and E. Rebecca are not currently meeting that minimum, with lot widths that are narrower and more closely aligned with the RSF-8 required minimum of 50 feet. (For historical context, the original Gunter Addition plat which this site is a part of shows the surrounding neighborhood as being platted with 50 foot lot widths). Secondly, the use schedule of RSF-4 and RSF-8 are identical, so staff finds that the request is compatible from a use standpoint. Thirdly, while staff recognizes that the density allowance would double, staff finds that given the total lot size of 0.29 acres, this would only allow an increase of one additional dwelling unit. Given the high infill score for the neighborhood, staff finds that this increase in density is suitable and brings the property more in line with future land use plans. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and gridded street patterns. This current neighborhood exhibits both; further, the RSF-8 zoning district is intended to bring historic platted developments into conformity. Given the historic nature of this area, staff finds this request is compatible. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: While no development plans have been submitted at this time, staff still finds Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 3 of 15 that a rezone from RSF-4 to RSF-8 is consistent with long-term land use plans, and keeps the site in agreement with City Plan 2040 as a Residential Neighborhood area, therefore making this request justified from the city's perspective. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RSF-8 would increase the allowable density on the site, but given that this would be limited to just one additional dwelling unit, staff does not find that this would negatively affect or appreciably increase traffic danger or congestion at this site. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Staff finds that rezoning the property from RSF-4 to RSF-8 would have a negligible impact on the site as far as the population density and would not undesirably increase the load on existing public services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 2020-000013 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: October 12, 2020 Motion: Hoffman Second: Garlock (Vote: 9-0-0 O Tabled 71 Forwarded O Denied Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 4 of 15 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 -District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.09 -District RSF-8, Residential Single -Family -Eight (8) Units Per Acre • Gunter Addition plat • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 5 of 15 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Unit 5 Unit 9 Cultural and recreational facilities Government facilities I Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 14 or less 17 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 18,000 square feet 112,000 square feet Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit 8,000 square feet 16,000 square feet 60 feet 70 feet 8,000 square feet 12,000 square feet 8,000 square feet 6,000 square feet Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 6 of 15 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 7 of 15 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwelling units per acre (D) Bulk and Area Regulations. (1) Lot Width Minimum. By Right 8 or less Single-family 150 feet Two (2) family 50 feet Townhouse, no more than two (2) attached 125 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 8 of 15 (3) Land Area Per Dwelling Unit. Single-family 15,000 square feet FTwo-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side 1 Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4- 20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 9 of 15 N«cr Ij', 11JJ5f r [0i Approximate property in question v " 1s 7 26 v STAFF EXHIBIT GUNTER ADDITION Rr"�r"MCA I 23 4 \\ \, K z LQ MD 100'-01, i A_ CIA � .J - H s o h is,' �3 H 20 do' h / 3 H 5 z V z ae� 30' TfR a!' * o° W J e Planning Commission October 12, 2020 i Agenda Item 6 F:� j/rj PL f T RZN 20-000013 Bush Page 10 of 15 Statement explaining the compatibility of proposed rezoning of parcel number 765-0613 1 -000, 420 E Rebecca St, Fayetteville, AR 72701 from RSF4 to RSF8: Subject property is developed with a single-family home and is currently zoned RSF4, containing approximately .29 acres. This request is to rezone to RSF8. The surrounding properties land use and zoning are predominantly single-family homes and RSF 4. While the surrounding properties are zoned RSF 4, many parcels are non -complying in lot width and depth due to the original plat design of the neighborhood. Rezoning to RFS 8 will allow this property to be more in compliance with and will align with the City's goal of density while preserving the fabric of the neighborhood of predominantly single-family homes. This committee has recently unanimously supported similar requests such as request RZN 20-7100, 514 E. Johnson St. heard on May 26, 2020, which was forwarding to City County with recommendations for approval without objection from any members of the community. Thank you for your consideration. Planning Commission October 12, 2020 Agenda Item 6 RZN 20-000013 Bush Page 11 of 15 RZN-2020-000013 One Mile View P-1 W NORTH ST ORTH ST Mimi I•W MAF BUSK 0 0 0.125 0.25 0.5 Miles 1 O w I D Ir fez w Subject Property _S N m� O E NORTH ST 2'� 1-1 W LAFAYETTE ST Z,� LlJ � iZ Q U = O � MSC 2 Q W DICKoi � J ME DI( — E L R-O ST Legend Planning Area ❑ Fayetteville City Limits L — — Trail (Proposed) ---- Planning Area - -- j---- J Design Overlay District Fayetteville City Limits _ 1,Vr 1L I RMF-6 NORTH E m,sg%ONB�vo RSF-4 Zoning RESIDENTIAL SINGLE-FAMILY L2 General Ind. —I EXTRACTION NSG 11 RI-U COMMERCIAL RI-,2 Reaieaneal-OMce � NSL C-1 � Re.ieantlal-Agn.1-1 C-2 RSF-.8 = C-3 RSF-, FORM BASED DISTRICTS RSF-2 Downtown Care RSF-4 UTHI Tbemug— RSF-] Mein I— Center RSF-8 Downtown General RSF-18 Cammunty Service. RESIDENTIAL MULTI -FAMILY Neigbbemeee Servi.. -1 M Neigbbmbeee Cm.ervatlen RMF-12 PLANNED ZONING DISTRICTS RMF-18 C...—I, Ind—1, Reaieentlal W124 INSTITUTIONAL RM108 - R-, INDUSTRIAL PlanCo H NearyCom.e .Iand.glnlneu...I ning m 2. ssion 2020 Agenda Item 6 RZN 20-000013 Bush Page 12 of 15 RZN-2020-000013 Bush Close Up View i L-FRITZ,DR FRITZ CT/ i ' � r 2 ; M ' r r PROSPECT-ST ! A Subject Property 1 ' RSF-4 ' r r ! i REBECCA-ST ' Z W W r Q W m J 1 O r e ASSEMBLY DR JOHNSON ST w V J m J.M Q' Ln Z t0 � f + r J J � a NORTH Legend Hillside -Hilltop Overlay District RSF-4 � " `Planning Area Feet RSF-8 — ' Fayetteville City Limits 0 75 150 300 450 600 Trail (Proposed) 1 inch = 200 feet Building Footprint Planning Co mi 2. ssion 2020 Agenda Item 6 RZN 20-000013 Bush Page 13 of 15 ssion 2020 Agenda Item 6 RZN 20-000013 Bush Page 14 of 15 RZN-2020-000013 Future Land Use Residentia Neighborhoi CLEBURN ST PR w a 0 J J t� DAVIDSON ST MAPLE-ST Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint RE w 'a z J Bush r:..;- x — O J �J a] Q 0 w co .J a � � J I GUNTER ST - .J I Q Feet 0 112.5 225 450 675 900 1 inch = 300 feet \ 61,91 o DR DR RL— MCA City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center ssion 2020 Agenda Item 6 RZN 20-000013 Bush Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0906 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD 2020-001 as described in Exhibits `A' and `B' and `C' attached to the Planning Division's Agenda Memo which allows the development of 321 multi -family units with associated parking, parkland and tree preservation areas. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby approved to reflect the zoning criteria change provided in Section 1 above. City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville Staff Review Form 2020-0906 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 10/16/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RPZD 2020-000001: Residential Planned Zoning District (EAST OF E. SAIN ST./THE TRAILS ON THE CREEK, 174/17S): Submitted by BLEW & ASSOCIATES, INC. for properties located EAST OF E. SAIN ST. The properties are zoned C-2, THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 20.77 acres. The request is to rezone the property to RPZD to include 321 multi -family units with associated parking. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: October 16, 2020 CITY COUNCIL MEMO SUBJECT: RPZD 2020-000001: Residential Planned Zoning District (EAST OF E. SAIN ST./THE TRAILS ON THE CREEK, 174/175): Submitted by BLEW & ASSOCIATES, INC. for properties located EAST OF E. SAIN ST. The properties are zoned C-2, THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 20.77 acres. The request is to rezone the property to RPZD to include 321 multi -family units with associated parking. RECOMMENDATION: Staff recommends approval of C-PZD-2020-000001 as shown in the attached Exhibits W, 'B', and 'C'. The Planning Commission recommends approval of Planning Area 1 and denial of Planning Areas 2 and 3 for parkland and tree preservation respectively, pending adequate Parks and Police Department coordination regarding park safety and maintenance. BACKGROUND: The subject property is located in north Fayetteville, beyond the eastern dead-end of Sain Street, south of Mud Creek, and west of Butterfield Trail Village. One of the parcels is a particularly unusual shape, extending approximately 2,000 feet south from the other parcels to Stubblefield Road and ranging in width from 10 to 100 feet. Staff research indicates this was formerly Summerhill POA property for which tax payments lapsed and it was sold at auction. Although all parcels remain undeveloped, their residential, commercial, and industrial zoning designations can be traced back to Fayetteville's adoption of zoning in the 1970s. The eastern and southern portions of the main site are characterized by steep slopes down to Mud Creek and its floodplain to the north and up to Brookhaven Estates and Christian Life Cathedral to the south. A relatively level area is found between these two grades and across the remainder of the property. Despite the terrain, no portion of the property falls within the Hillside -Hilltop Overlay district. The northern and northwestern portions of the property fall within floodplain associated with Mud Creek In 2019, a proposal to rezone the property to CS, Community Services, was forwarded by the Planning Commission but withdrawn by the applicant to allow time to work with neighbors. Subsequently, a large scale development was submitted for the property for 180 multi -family units, but this was also withdrawn to allow time to address Commission and neighbor comment. Most recently, a concept plat was presented to the Planning Commission in June of 2020. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 In 2021 construction is anticipated to begin on the Sain Street extension, which will include the connection of Sain Street with Vantage Drive, bisecting the subject property and crossing Mud Creek. Proposal. The proposal is to rezone the property to a planned zoning district (PZD) for multi -family development, preservation of sensitive natural area, and parkland dedication. Three planning areas are proposed, with their relative locations and intended development are described below: • Planning Area 1- 10.2 acres: Including approximately half of the property, Planning Area 1 is intended for multi -family development at a density of 35 units per acre or less, with 321 units proposed and a potential for approximately 420 units. Zoning allowance is made for small-scale nonresidential uses and other residential building types. Planning Area 1 will connect to the Sain Street extension at three locations. • Planning Area 2 — 4.7 acres: Located to the eastern portion of the property, along Mud Creek and existing City of Fayetteville parkland. Planning Area 2 is intended as parkland dedication in associated with residential development. • Planning Area 3 — 5.9 acres: Includes area of steep terrain and mature trees intended for preservation along the southern extent of the site and adjacent to the Brookhaven Estates neighborhood. No permitted or conditional uses are proposed for this area. Land Use Compatibility: The proposed zoning is compatible with the wide-ranging land uses in the area including parkland and natural area, institutions, and commercial uses. Despite the PZD's largely residential component, housing near College Avenue will be very complimentary of the varied uses that currently require vehicle use to access. Land Use Plan Analysis: While rezoning the property to the proposed PZD is generally consistent with the City's long-range goals and planning documents, integration of a greater variety of uses would better represent the tenets of City Plan 2040 and the Future Land Use Map. Both documents dictate that complete neighborhoods are to be the standard, where a mixture of uses allows for varying transportation options, greater access to amenities, and fewer municipal liabilities in terms of infrastructure. With a largely residential proposal, the proposed PZD makes headway towards encouraging a mixture of uses, but could go further. That said, the larger context of the area is critical to the request's evaluation and staff's recommendation. College Avenue to the west and Joyce Boulevard to the north of the subject property are historically commercial corridors with an almost unequivocal vehicle orientation. In recent decades, and culminating in the drafting of the 71 B Corridor Plan, it became clear that reorienting College Avenue from a state highway to a complete street necessitates the addition of housing amongst the many restaurants, offices, and other services present. The applicant's PZD proposes this, with location to take advantage of a future connection from College to Joyce, proximity to the City's trail system, adjacency to a University of Arkansas satellite campus, and ready access to services and the regional transportation network. On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 3 to 7. Areas closer to College have higher scores than those near Mud Creek: • Appropriate Future Land Use Map (71 B Corridor & Urban Center Area) • Near a grocery store (Whole Foods Market) • Near Razorback Transit (Route 26) • Near Ozark Regional Transit (Route 10) • Near Trail (Mud Creek Trail) • Near Water Main (Sain Street) • Near Sewer Main (Sain Street) On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. DISCUSSION: At the September 28, 2020 Planning Commission meeting, the Planning Commission tabled the item by a vote of 6-1-0. Commissioner Hoffman made the motion and Commissioner Belden provided the second. Commission Brown dissented, noting his generally favorable view of the project. Those Commissioners that supported tabling noted several items that were expressed to the applicant during the project's concept plat review in June 2020. This included an interest in seeing a second point of access to the property north of Sain, a preference to see a four-way intersection along Sain, and, most significantly, a lack of visibility or natural surveillance to the proposed parkland or greenspace. Additionally, information was requested on Fayetteville's Community Rating System for flood insurance and how the proposed parkland could factor in to this. Planning staff advised that Engineering Division, Parks and Recreation Department, and Police Department staff would be consulted prior to the October 12, 2020 Planning Commission meeting. Two residents spoke during the hearing, one with questions about use of the odd, narrow parcel that extended south to Stubblefield Road and the other expressing a desire to see the project approved as proposed with a desire to understand what the Commission anticipates seeing on the proposed parkland id developed. At the October 8, 2020 Planning Commission agenda session, the Commission was presented with a revised conceptual site plan and information from Fayetteville's floodplain administrator. Floodplain questions were answered regarding potential credits from the proposed parkland towards Fayetteville's community rating for flood insurance purposes. However, given concerns shared from the Parks Department about the PZD's planning area layout, Planning staff shared their recommendation of tabling. At the October 12, 2020 Planning Commission meeting, staff shared a revised recommendation to forward the proposal based on modifications to the planning area layout offered after staff report publication. The proposed layout included a reduced Planning Area 1 for development, an expanded parkland dedication area that reflected the Parks and Recreation Advisory Board's review of the project, and a tree preservation area along the southern property line of the overall site where significant canopy and slope is present. Additionally, the revised PZD conceptual site plan included a trail segment from the Active Transportation Plan that connects Mud Creek with the neighborhoods to the south. Beyond this, the plan also included a further trail length south to Stubblefield Road. Planning staff conveyed comments received from the Police Department regarding the parkland and Parks staff presented on the importance of different types of parks, including those intended for conservation or unprogrammed open space. Commissioners expressed an appreciation with the applicant's willingness to revise the developed portion of the site, including the added curb cut on Sain Street and creation of a four- way intersection. Regarding the proposed parkland, several Commissioners expressed disappointment that the proposal continues to lack the desired degree of natural surveillance, noting that this portion of Fayetteville and the City as a whole is rapidly growing, with acceptance of public parkland meriting greater scrutiny for safety that justifies greater collaboration with the Police Department. Other Commissioner concerns included development on the floodplain, the lack of opportunity to incorporate tree preservation development requirements in to parkland dedication, and the perceived conflict between interests and concerns among staff. Police representation also spoke, observing that a trail, when lacking direct visibility to it, creates a condition for potential crime. Regarding concerns raised by the Planning Commission about occupation of the park by homeless individuals, Police staff noted that this group tends to locate near several services that are elsewhere in Fayetteville, but may move in the future as these resources move. However, following a site visit the Police Department expressed limited concern about camping given that the topography is not conducive to building a shelter. Ultimately, the Commission divided the proposal, voting first to forward Planning Area 1, including the multi -family housing, to the City Council with a recommendation of approval. The motion was made by Commissioner Hoffman and seconded by Commissioner Belden. The vote was 8-1-0, with Commissioner Garlock dissenting. Following this were several motions to both forward and table the remainder of the proposal, all of which failed for lack of a second or were withdrawn after greater procedural clarification from legal counsel. A fifth motion was made by Commissioner Belden to forward the remainder of the project, Planning Areas 2 and 3, recommending denial as proposed. Commissioner Hoffman provided the second. Commissioner Belden noted that this action was based on the need for Parks and Police staff to coordinate their review and collaborate on a solution regarding safety and maintenance. The vote was 8-1-0 with Commissioner Brown dissenting, expressing that this was based on his support of the Parks Department staff's recommendation to accept the parkland. Public comment was made before and at the meeting in support of the request, particularly regarding the inclusion of parkland and other means to minimize development adjacent to the Brookhaven subdivision to the southeast. There was an understanding by nearby residents that the City Council and Mayor had previously directed the developer to work with neighbors to create a proposal that was supported. rd BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C o PZD Booklet o PZD Architectural Examples o PZD Plats • Parks and Recreation Memo • Planning Commission Staff Report • Public Comment PZD-2020-000001 Close Up View The Trails on the Creek I PZD-2020Exhibit t'C' 1 SAI N ST , '� 1-1 P-1 0—�J0 CE,BLVD - - - - - W C9 / C-1 RMF I S � SubectProperty t�` � <OOP I Cj \ LU a 0 �G '4M AP R -o 2O�RSF-4 O - 00 �2 C=> zO R o = SONIC,D IHTO> Ir BROOKHAVEN �WINFIELD -o I PL w13 DR ALICE C v O� w w Q ST M Q, o m—MANCHESTER DR1 z a DEVONSHIRE I r� C-2 Z O COPL z _! J II -THORNHILL-DR J —BE ST—,JBBLEFIELID RD �I J W W 0Q NORTH Legend ' Planning Area - - Fayetteville City Limits Trail (Proposed) I _ J Design Overlay District Building Footprint Feet 180 360 720 1,080 1,440 1 inch = 500 feet Residential -Agricultural RSF-4 RMF-24 1 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 C-2 P-1 PZD-2020-000001 BLEW & ASSOCIATES, PA Exhibit 'B' CIVIL ENGINEERS & LAND SURVEYORS Survey Description PARCEL 765-02504-000 BLOCK TWO (2) OF AW REALTY SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE FINAL PLAT OF THE REPLAT OF AW REALTY SUBDIVISION BLOCK 1 & 2 RECORDED IN PLAT BOOK 10 AT PAGE 10 IN THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE 1/4, NE 1/4) AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE 1/4, SE 1/4) OF SECTION 26 AND A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW 1/4, NW 1/4) OF SECTION 25, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND CONCRETE MONUMENT FOR THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 25, AND RUNNING THENCE S69°46'01"W 468.65' TO A FOUND IRON PIN, THENCE N22°40'49"W 428.14' TO A FOUND IRON PIN, THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1175.51', AN ARC LENGTH OF 483.79', AND A CHORD BEARING AND DISTANCE OF N60°34'33"E 480.38' TO A FOUND IRON PIN, THENCE N48°44'34"E 71.20' TO A SET IRON PIN, THENCE S41°10'35"E 428.12' TO A FOUND IRON PIN, THENCE S02°36'52"W 200.26' TO A SET IRON PIN, THENCE N87°23'08"W 140.00' TO THE POINT OF BEGINNING. CONTAINING 6.76 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL 765-11127-000 A PART OF LOT 1, AND SUMMERHILL COMMON AREA, SUMMERHILL SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: BEGINNING AT A SET IRON PIN WHICH IS S02°32'54"W 679.36' AND S86°53'45"E 490.71' FROM THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 25, AND RUNNING THENCE S86°53'45"E 42.30' TO A SET IRON PIN, THENCE NO2°57'15"W 130.30' TO A SET IRON PIN, THENCE N28°30'45"E 44.30' TO A SET IRON PIN, THENCE N04°38'45"E 223.10' TO A SET IRON PIN, THENCE N11°39'45"E 295.09' TO A SET IRON PIN, THENCE S87°23'08"E 18.05' TO A FOUND IRON PIN, THENCE S02°25'07"W 678.93' TO A FOUND IRON PIN, THENCE S02°24'15"W 913.39' TO A FOUND IRON PIN, THENCE S02°22'42"W 515.56' TO A FOUND IRON PIN, THENCE N87°07'52"W 16.21' TO A SET IRON PIN, THENCE NO2°40'45"E 1113.26' TO A POINT FROM WHICH FOUND NAIL IN A FENCE CORNER POST BEARS S55°15'45"W 0.43', THENCE N86°53'45"W 114.66' TO A FOUND IRON PIN, THENCE NO2°41'53"E 310.00' TO THE POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL 765-16852-000 A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25 AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET 1/2" REBAR WHICH IS S87°23'08"E 140.00' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, AND RUNNING THENCE NO2°36'52"E 200.26' TO A FOUND 5/8" REBAR, THENCE N41°05'25"W 295.40' TO A SET 1/2" REBAR, THENCE S50°11'36"E 347.00' TO A SET 1/2" REBAR, THENCE N76°53'14"E 120.00' TO A SET 1/2" REBAR, THENCE N62°44'23"E 485.00' TO A SET 1/2" REBAR, THENCE S65°50'49"E 152.00' TO A SET 1/2" REBAR, THENCE S43°47'11"E 218.00' TO A SET 1/2" REBAR, THENCE S22°32'07"E 153.00' TO A SET 1/2" REBAR, THENCE S42°07'59"E 188.00' TO A FOUND 1/2" REBAR ON THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, THENCE ALONG SAID SOUTHERLY LINE N87°23'08"W 1105.01' TO THE POINT OF BEGINNING. CONTAINING 7.78 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83 PARCEL 765-16854-000 A PART OF LOT 11, VANTAGE SQUARE, UNIT 2, FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED AT PLAT BOOK 10, PAGE 79, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET IRON PIN FOR THE NORTHWEST CORNER OF SAID LOT 11, AND RUNNING THENCE S62°01'20"E 30.00' TO A SET IRON PIN, THENCE S46°48'14"E 88.24' TO A SET IRON PIN, THENCE S05°12'09"W 179.78' TO A POINT, FROM WHICH A FOUND IRON PIN BEARS S05°12'09"W 2.56', THENCE S47°01'09"E 351.35' TO A SET IRON PIN, THENCE S71°01'02"E 227.08' TO A SET IRON PIN, THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51', AN ARC LENGTH OF 308.33', AND A CHORD BEARING AND DISTANCE OF S60°19'36"W 307.35' TO A FOUND IRON PIN, THENCE WITH A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 59.79', AN ARC LENGTH OF 184.63', AND A CHORD BEARING AND DISTANCE OF S71°27'02"W 119.54' TO A FOUND IRON PIN, THENCE WITH A REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51', AN ARC LENGTH OF 176.24', AND A CHORD BEARING AND DISTANCE OF S79°03'40"W 176.05' TO A FOUND IRON PIN, THENCE N00°01'21"W 134.20' TO A SET IRON PIN, THENCE N85°11'22"W 47.35' TO A SET IRON PIN, THENCE N04°44'48"E 314.86' TO A SET IRON PIN, THENCE S82°51'35"E 94.73' TO A FOUND IRON PIN, THENCE N05°05'33"E 94.64' TO A FOUND IRON PIN, THENCE N36°46'59"W 143.92' TO A FOUND IRON PIN, THENCE N04°49'40"E 141.30' TO THE POINT OF BEGINNING. 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ZW�ii° o g w x< OHM 6'�ag�a i�xSRw6° E� pEM m� a`a Rio SSE>a obi boo 2 - �z �ee. 05,5 e oB mm �p oZZ N Q'Ss '8113M, Se3.6� x o d, $fig JJ @@ ��£ 8�3_E"�iFs=��a"��a g'gtl J �yy y o _ % X X X X% X G_==na$re°�m aFFtzi�yZ< �cmz"rz-c.'-'4"sF� %''d' >�,»a>a>aor2a c>aa„=,>mw•�,raw>e�>e o= w,o>m,. ®wv �:o=:�� woxro=im �o w%�a-amo-wo a=aoswaa�a"�.am w,>�,»»>� �" n2mxw„��:a 9899-IZS (6Lb) £OLZL UV pq Wiq —4-g ooz I o&raaox uoas.a aw o/a s;uauujv-dV 3pQjD aqx uo sp..T j aq,L sueKad'aRfnalla,Se3 I.-S U.S Ing 3aaxD aqi uo sITezd, aq-L �03 ue�d wawdo�aeap n>sey� pax VIZ V `£IZ `SLI `bLI a*d zuld AID nSNOISIAgll uaay 8u[u—Id dq spzup—s xuamdopAocj pas 8u[u07 £ ddlld `JNINNy7d j' • ----------------- I w / a y 3 � 5 z a sor ?ae , n 2 a I 5q� s" 3 c M A � me g se^z H N = a O E � I I I I, 9899-IZS (6Lb) £OLZL UV pq Wig —4-g oOZl o&raaox noas .a aw o/a s;uauujv-dV 3pQjD aqx uo sp..T j aq i sueKad'aRfnalla,Se3 I—S U.S Ing 3aaxD aqi uo slm.T j, aq-L �03 ue�d wawdo�aeap n�seyQ a ax VIZ V `£IZ `SLI `VLI a*d 4vid AID :SNOISIAgll veld JQISEW A � me g J �6Pay (n O E � Additional Information from Park Staff on Park Land Dedication for The Trails at the Creek Apartments October 15, 2020 Thru: Connie Edmonston, Parks Director From: Ted Jack, Park Planning Superintendent Dear Mayor and Commissioners: Park Staff and PRAB are in support of accepting the park land as proposed in the updated map by the developer for the Trails on the Creek Apartments. The main reasons include: 1. This new park land adds to 20 acers of existing park land that is part of the Mud Creek Corridor. The Mud Creek Corridor is a significant corridor in the city. 2. Preserves a notable natural area, which citizens want in their park system, in a part of the city that is becoming very developed. 3. With some proposed trail connections the park space is more accessible. 4. Parks very similar to this exist in the city and are successful providing many environmental and recreational benefits. One concern expressed at the Planning Commission was that there were no "front doors" fronting on the park which could provide natural surveillance on the park. This concept is part of a design philosophy called Crime Prevention Through Environmental Design (CPTED) and while it does have merit, how it is applied varies by park types. We see this park adding on to the Mud Creek Corridor which has a conservation function in the city, which means most of it would remain in a natural state as opposed to a developed mowed landscape. Conservation parks are common in cities and very common and successful in Fayetteville, providing recreation and other ecosystem benefits. Some examples are Brooks Hummel Conservation Area which is surrounded by residential with only back yards fronting most of the park, along with portions of the Scull Creek Trail, sections of Hamestring Creek, Clabber Creek, swathes of Lake Fayetteville, and areas of Red Oak, Bundrick, and Bryce Davis Parks. In fact, Citizens supported Brooks Hummel Conservation Area so strongly that they contributed significantly to a fund-raising project to help pay for the park. Sequoya Woods is another successful park that does not have "natural surveillance" as discussed in the Planning Commission meeting. In regard to CPTED, what should be understood is that how CPTED is applied to a park depends on the type of park. An urban high use park is going to put more emphasis on CPTED principals then a conservation park. Having homes and business front onto a park is a desired condition, but not a prerequisite for success in many park types. Larger parks with greater widths, varying topography, and depth preclude views into much of the park. An example of a park with "front doors" around the park is the well -loved Central Park in New York. In the center of the park there is an area called the Ramble that is a wooded area. People enjoying the woods cannot be seen from the edge of the park. These woods were part of the original 1857 master plan by Olmsted and Vaux and continue to be a functioning area of the park, which means that through many generations, changes in culture, and swings in crime rates, the Ramble has proven its worth and has not been repurposed. Below are some of the slides viewed at the Planning Commission that provide additional information. We hope that you will approve what will be a great addition to the Mud Creek Corridor providing and protecting a natural area for generations to come. P—O"he Trails on the Creek Apartments Park Land Dedication PRAB June 1 2020 (Formally Trails at Mud Creek) �„ Planning Commission October 12, 2020 1� v 10/15/2020 Major Park Types in Fayetteville • Regional Parks • Corn Parks • Neighborhood Parks \� • fonservation Parks This park land is well suited to eca add on to the existing Mud Creek t park land and strengthen the conservation corridor. It can also serve in a minimal way as a - neighborhood park providing low impact things such as picnicking. 0 3 0 The graph below is from results from one of our surveys in Phase One of the Park Strategic Planning efforts carried out in 2018. In this question and others the people of Fayetteville voiced their strong desire for their parks to provide opportunities for contact with nature and for parks to help people live an active living lifestyle. Research is clear that these types of amenities have strong impacts on peoples health, both mental and physical. values to Consider in Making Planning Decisions All Paper Surveys - Prioritized (Top 4) Create/maintain natural spaces in the city Help people live a healthier lifestyle Include the public in planning Nature & Distribute resources equally Active Living Create/maintain flower beds and trees Increase the quality of facilities in the parks Focus on all citizens even if subsidized Coverall or most of program costs Children more than adults Programs and facilities with tourism benefit Other 1 0 so 100 150 200 250 300 4 2 LeVaiinnearkre�"ry *�*, � '^ofjNatural story y � " id � Neue'Sale� terdam Avenue Amur can Museu e y _ tof NaturalyHts4o . 3°� ` ✓ # GvWal Park J � �, _ •. �, ��r Q,}� � �> ; Ancient �, � . Playground. rJ��r� FrrFl g rh �•Ne44-Yoi' L BelveiereCastle. Theemetr olitan® A^ /fI=z' icaSocie • .� } Museum of A 1 t� r.�; `• � .,. .'�` � • � ;G Ramhles Shed Tfie Rarn61e y YVoodland'welk Q a In'C`entraI PaAc x �.g j� ./ �y +��"•'•��r RyT��`' �• f'f'�� , p r ��. • y r'� -' ��•, Wt Lady�M'Cakeil3oiq Bow Bridge • ! t a' , �1 y �'� r AIiCe in Wonderland i8 /y JThe Ramble,wooded 41baT � . �Central Park, Bethesda Terrace '` •• . tiSt-Lcoln@t�`—. •••-• • • - i the edges of the park, yet it ,*,b ISO" successful part of the park. `The Mall and} h r i Literary Walk ' - %Ap + 10/15/2020 7 n m 10/15/2020 10 10/15/2020 ,►�� - .wM, - AMA[CA EMERALD POND i i 1 RIVERlVAY NECKLACE i PARK �q ..,..a.,.s.... ARNOLD 7 _- _./ HACK HAY FENS ARBORMIM ANN o V �K1Cl;'I?ITrI jI! FRANKLIT PARK pl —. LEGEND ... -- •� ®.mms GARDL, lJ�lM�1 11 12 10/15/2020 Plan Supported by Parks Staff and PRAB - nnraD —v � m,riUs+im �P ' ufII�e 13 Recap • This park fits into the Conservation park genera, with some use as a neighborhood park. • This land will strengthen the Mud Creek Conservation Corridor, providing the largest wooded area in this area of the city, which has ecosystem benefits, strengthens the Enduring Green Network, and this park type is common and successful in Fayetteville and other park systems. • This park is in line with what the people of Fayetteville have told us they want in their park system supporting contact with nature and an active living lifestyle. • The southern trail connection is extremely important part of this project for access to the park and to Mud Creek Trail for many residents to the south. This trail connection, passing through the edge of the park, will help keep frequent eyes on the park. We ask that the inclusion of the trail concept is a written part of this project moving forward. 14 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING: October 12, 2020 (Updated with Planning Commission Results) SUBJECT: RPZD 2020-000001: Residential Planned Zoning District (EAST OF E. SAIN ST./THE TRAILS ON THE CREEK, 174/175): Submitted by BLEW & ASSOCIATES, INC. for properties located EAST OF E. SAIN ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, RESIDENTIAL MULTI -FAMILY, 24 UNITS PRE ACRE, , C-2, THOROUGHFARE COMMERCIAL, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 20.77 acres. The request is to rezone the property to RPZD to include 321 multi -family units with associated parking. RECOMMENDATION: Staff recommends tabling R-PZD-2020-000001. RECOMMENDED MOTION: "I move to table R-PZD-2020-000001." SEPTEMBER 28, 2020 PLANNING COMMISSION MEETING: On September 28th, the Planning Commission tabled the item pending additional information to guide their decision. The Commission requested the following: • Parkland: At the October 12, 2020 Planning Commission meeting, Parks and Recreation Department staff will be making presentation at the Planning Commission meeting regarding the proposed parkland and its potential function or programming. Community Rating System: Fayetteville participates in the Community Rating System for National Flood Insurance. Fayetteville's current class is an eight. Generally, open space is only used for determining credits for the program when it is City -owned or development is restricted by conservation easement or other mechanism. Based on Planning staff's understanding, Fayetteville is eligible to accrue more credits. Engineering Division staff is prepared to speak to this matter at Agenda Session and the Planning Commission meeting as needed. Crime Prevention through Environmental Design (CPTED): Planning staff has requested comment from the Fayetteville Police Department. This has not been received to date. Revisions to the proposal are included in the attached exhibits and include a revision to Planning Area sizes and locations, the addition of a curb cut on the north side of Sain Street's extension, and removal of the southern east -west driveway. Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 1 of 47 BACKGROUND: The subject property is located in north Fayetteville, beyond the eastern dead-end of Sain Street, south of Mud Creek, and west of Butterfield Trail Village. One of the parcels is a particularly unusual shape, extending approximately 2,000 feet south from the other parcels to Stubblefield Road and ranging in width from 10 to 100 feet. Staff research indicates this was formerly Summerhill POA property for which tax payments lapsed and it was sold at auction. Although all parcels remain undeveloped, their residential, commercial, and industrial zoning designations can be traced back to Fayetteville's adoption of zoning in the 1970s. The eastern and southern portions of the main site are characterized by steep slopes down to Mud Creek and its floodplain to the north, and up to Brookhaven Estates and Christian Life Cathedral to the south. A relatively level area is found between these two grades and across the remainder of the property. Despite the terrain, no portion of the property falls within the Hillside -Hilltop Overlay district. In 2019, a proposal to rezone the property to CS, Community Services, was forwarded by the Planning Commission but withdrawn by the applicant to allow time to work with neighbors. Subsequently, a large scale development was submitted for the property for 180 multi -family units, but this was also withdrawn to allow time to address Commission and neighbor comment. Most recently, a concept plat was presented to the Planning Commission in June of 2020. In 2021 construction is anticipated to begin on the Sain Street extension, which will include the connection of Sain Street with Vantage Drive, bisecting the subject property and crossing Mud Creek. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped; C-2, Thoroughfare Commercial; Mud Creek Trail P-1, Institutional South Church; P-1, Institutional; Single-family Residential; RSF-4, Residential Single-family, 4 Units per Acre East Mud Creek Trail; P-1, Institutional; Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Varied Commercial; C-2, Thoroughfare Commercial UA Uptown Campus 1-1, Heavy Commercial and Light Industrial; Proposal. The proposal is to rezone the property to a planned zoning district (PZD) for multi -family development, preservation of sensitive natural area, and parkland dedication. Three planning areas are proposed, with their relative locations and intended development are described below: • Planning Area 1- 9.6 acres (changed from 12.0 acres): Including just over half of the property, Planning Area one is intended for multi -family development at a density of 35 units per acre or less, with a potential for approximately 420 units. Zoning allowance is made for small-scale nonresidential uses and other residential building types. • Planning Area 2 — 4.4 acres (changed from 3.4 acres): Located along the southern and central portions of the property, along Mud Creek and existing City of Fayetteville parkland. Planning Area 2 is intended as parkland dedication in associated with residential development. Planning Area 3 — 6.8 acres (changed from 5.3 acres): Includes area of steep terrain and mature trees intended for preservation along the eastern extent of the site and Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 2 of 47 adjacent to the Brookhaven Estates neighborhood. No permitted or conditional uses are proposed for this area. Public Comment: At the September 28th , 2020 Planning Commission meeting, members of the nearby Brookhaven subdivision spoke in favor of the request and its inclusion of parkland and tree preservation areas adjacent to their neighborhood. INFRASTRUCTURE: Streets: The subject property has access to a small portion of Sain Street. However, the City is in the process of extending Sain and adding a bridge over Mud Creek. The applicant and Engineering Division staff have been in coordination regarding potential connection locations, as the bridge's increasing elevation prevents unhindered access to the public street. Any street improvements or assessments required in association with this extension or other improvements will be determined at the time of development proposal. Water: Public water is available to the parcel by way of an existing 6-inch main along Sain Street. Prior to development, the necessity to upgrade this to an 8-inch main is anticipated. Sewer: Sanitary Sewer is available to the site, however extension will likely be required. Drainage: Approximately half of the subject area lies within the 100-year floodplain, with a significant amount of the northernmost parcel also being in a regulatory floodway. There is a small portion of the subject area also within the 500-year floodplain. Hydric soils appear to be present in nearly the entire subject area. No part of the parcel lies within the HHOD and there are no protected streams on the property. Fire: The Fayetteville Fire Department did not express any concerns with this request. The site will be protected by Station 4, located at 3385 N. Plainview Avenue. The property is located approximately 0.5 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2040's Future Land Use Map designates the properties within the proposed rezone as Urban Center Area. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 3 of 47 areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 3 to 7. Areas closer to College have higher scores than those near Mud Creek. The high score translates to a score of 10 per the Planning Commission's weighting system. The elements vary by the area of the property being considered, and include the following: • Appropriate Future Land Use Map (71 B Corridor & Urban Center Area) • Near a grocery store (Whole Foods Market) • Near Razorback Transit (Route 26) • Near Ozark Regional Transit (Route 10) • Near Trail (Mud Creek Trail) • Near Water Main (Sain Street) • Near Sewer Main (Sain Street) Note: Although not a public school, the property is near Haas Hall Academy, a charter school along Front Street to the north. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is compatible with the wide- ranging land uses in the area including parkland and natural area, institutions, and commercial uses. Despite the PZD's largely residential component, housing near College Avenue will be very complimentary of the varied uses that currently require vehicle use to access. Land Use Plan Analysis: While rezoning the property to the proposed PZD is generally consistent with the City's long-range goals and planning documents, integration of a greater variety of uses would better represent the tenets of City Plan 2040 and the Future Land Use Map. Both documents dictate that complete neighborhoods are to be the standard, where a mixture of uses allows for varying transportation options, greater access to amenities, and fewer municipal liabilities in terms of infrastructure. With a largely residential proposal, the proposed PZD makes headway towards encouraging a mixture of uses, but could go further. That said, the larger context of the area is critical to the request's evaluation and staff's recommendation. College Avenue to the west and Joyce Boulevard to the north of the subject property are historically commercial corridors with an almost unequivocal vehicle orientation. In recent decades, and culminating in the drafting of the 71 B Corridor Plan, it became clear that reorienting College Avenue from a state highway to a complete street necessitates the addition of housing amongst the many restaurants, offices, and other services. The applicant's PZD proposes this, with location to take advantage of a future connection from College to Joyce, proximity to the City's trail system, adjacency to a University of Arkansas satellite campus, and ready access to services and the regional transportation network. Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 4 of 47 On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed to accommodate development of this area, particularly development that increases the number of residents in proximity to College Avenue where the City anticipates marked growth. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed PZD zoning will increase traffic, and possibly to a significant degree. However, the future connection to Sain Street's extension, and that street's direct excess to major regional street and trail corridors, will mitigate potential congestion and is unlikely to create a dangerous traffic condition. Additionally, the proposal includes a connection to the south, where future development could provide an alternative route between the Sain extension and Millsap Road. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from its current zoning designations will significantly alter the potential population density in the area, but the rezone request is not likely to undesirably increase load on public services. Initial Engineering Division review indicates that utility extensions or upgrades are likely required, however this is a common condition of developing a property of this size and downstream capacity issues are not noted. Additional, no outside reviewer comment, including from Fayetteville Public School, was received. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: Finding: N/A a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 5 of 47 Sec. 166.06. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: As outlined in previous findings, staff finds the proposed PZD to be in agreement with many of the factors encouraged in a planned zoning district, including land use compatibility and harmony with the tenets of Fayetteville's Future Land Use Plan. While staff contends that more flexibility and variety in the proposal would benefit future residents and the area, there is also recognition that development under the PZD will create housing that is not currently located in the area. However, Parks and Recreation staff have advised that the proposal as submitted is inconsistent with the project as reviewed by the Parks and Recreation Advisory Board. Accordingly, and given the implications of changes in Planning Area size and dimensions, staff recommends tabling the request pending further detail. RECOMMENDATION: Staff recommends tabling R-PZD-2020-000001. Should the Commission vote to forward the item, staff recommends the following conditions of approval: Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 6 of 47 Conditions of Approval: 1. Staff recommends revision of Planning Area 2 to include Use Units 1, City-wide uses by right and 4, Cultural and Recreational Facilities as permitted uses to facilitate typical essential services, recreational uses, and forestry uses that do not have significant adverse effects; 2. The conceptual site plan for the property shall be revised in accordance with Parks and Recreation staff comments, including: a. Realignment of the proposed trail to route south of the buildings south of Sain Street, angling northward along the private north -south drive, and connecting with Sain Street at the property's curb cut. This trail and the associated drive aisle shall be located within an access easement; b. The area of parkland is to be expanded to be contiguous with Planning Area 1 and contiguous with Mud Creek; c. A maximum of eight parking spaces may be permitted on parkland property. This parking shall be for public use and not restricted to residents of the proposed project; and d. Planning Area 3, where tree preservation is proposed, is to be located along the southern property line of parcels 765-02504-000, 765-02504-001, and 765- 16852-000, and the entirety of 765-11127-000. 3. Remove duplicative Appendix cover sheets in the PZD booklet. Planning Commission Action: Meeting Date: October 12, 2020 Motion: Second: Vote: 0 Forwarded O Tabled O Denied See below, next page. Planning Area 1 was forwarded, recommending approval. Planning Areas 2 & 3 were forwarded, recommending denial. Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 7 of 47 BUDGET/STAFF IMPACT: None Attachments: • PZD Booklet • PZD Plats • Architectural Examples • Conceptual Site Plan and Zoning/Development Standards • Change Exhibits • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map Motion #1 By: Hoffman 2nd: Belden Vote: 8-1-0 Action: Forward Detail: Recommending in favor of Planning Area 1 with amendments to it as shown by the applicant, including the additional curb cut on the north side of Sain Street and realignment of curb cuts north and south of Sain to create a four-way intersection. Motion #2 By: Brown 2nd: None Vote: - Action: Failed for lack of a 2nd Detail: Recommending in favor of Planning Area 2 and 3, with conditions as recommended by staff and recommending City Council direct that the Parks Department review parkland dedication and maintenance in collaboration with the Police Department along with options for incorporating tree preservation areas in to parkland By: Hoffman 2nd: Paxton Vote: Withdrawn Action: Table Detail: Table discussion of Planning Areas 2 and 3. Mntinn #4 By: Hoffman 2nd: Winston Vote: Withdrawn Action: Forward Detail: Recommending in favor of Planning Area 2 as included in staff's report rather than presented at the meeting, with right-of-way dedication through Planning Area 2 at the Parks Department's discretion for access to Planning Area 3, and recommending denial of Planning Area 3 as proposed. Staff conditions regarding resolution of drafting errors and inclusion of Use Units 1 and 4 are included. Motion #5 By: Belden 2nd: Hoffman Vote: 8-1-0 Action: Forward Detail: Recommending denial of Planning Areas 2 and 3, with both areas needing Police and Parks Department coordinated consideration regarding safety and maintenance. Planning Commission October 12, 2020 Agenda Item 2 RPZD 20-000001 Trails at Mud Creek Page 8 of 47 mmission 12, 2020 da Item 2 ud Creek Page 9 of 47 % ( 2 w ® ) E c § \ z § a ) § d , & \ / \ § a0�\ /: » 6 § ; E 6 ° § § \ ) A£/ ; u 4 § § [ 04 / ( » ( \ » b i ; /) \ e ' :\ ) } , / ° \ \ / ( @Cn § } § [ G § \ « 2 2 ! 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Jo cc Blvd n I C-2 C 1 nt Y Regional Link - High ctivit I° z S I G 2I R- tY c 1 m � I = 1 ZI C-2 / Q K-A I1 KM 1 E. Van Aoche Dr _m r igh-EorT, 7 Lm I C-2 y5� ay 1 S 1 E Z2 � eWay I �xp I C-2 F-1 RMF-24 I — 4 — re I C-2 C 2 213 I RSF-4 i i RSF 4 I N 212 I I 2 RMF-24 R-0 I 214 �aA�Jy C-2 I 215 p 1 I R 0 p-1 �� I R5F-4 R-0 N I R5F-4 MF-24 I C-2 I � R 0 C-2 I R5F-4 1255 25 252 I I 253 p 1I I v R-' ® R-0 Rollin Hills Or RMF 4\ C-2 �� -, I Neighborhood Link A hoo� o rm u bor _ W. rak orod in -�- - I I h h L� � �`�— — 290� C-2 29 291 I R-0 C-1 R5F-4 I I 293 ' 292 I R-0 BMW&ASSOCIATES,PA VICINITY MAP CIVIL ENGINEERS & LAND SURVEYORS Scale: 1" = 1,500'-0" Project Number: 19-3732 Certificate of Authorization No 1534 Date: 08/17/2020 mission 3825 N. 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At this time Lindsey is requesting a rezoning through the Planning Commission. This item has been tabled the last 2 meetings. Rather than spending time on the actual rezoning issues their biggest concern has been the property Lindsey is donating to the City as a Park. The Park donation was accepted by the Parks and Recreation and the City of Fayetteville but the Planning Commission is trying to change the entire parcel therefore negating our agreement. Last year when Lindsey Development and Brookhaven Estates neighborhood came before the City Council regarding this property, you asked that we work out a plan we could all agree upon. We did exactly what you asked. We now have a plan that the City, neighbors and developer all agree on. The planning commission is asking for changes that are not part of our agreement and truly have nothing to do with the issue at hand (rezoning these parcels). Tomorrow night we will meet again. I'm asking for your help and for the City to live by the deal that was made between the City, neighbors and developer. I appreciate your help in the matter. Brenda Wallner 3582 N Buckingham Drive 479-871-8283 Dear Mayor Jordan, As you know The Trails on the Creek property have been an issue for over a year. At this time Lindsey is requesting a rezoning through the Planning Commission. This item has been tabled for the last 2 meetings. Rather than spending time on the actual rezoning issues, their biggest concern has been the property Lindsey is donating to the City as a Park. The Park donation was accepted by the Parks and Recreation and the City of Fayetteville but the Planning Commission is trying to change the entire parcel, therefore, negating our agreement. Last year when Lindsey Development and Brookhaven Estates neighborhood came before the City Council regarding this property, you asked that we work out a plan we could all agree upon. We did exactly what you asked. We now have a plan that the City, neighbors and developers all agree on. The planning commission is asking for changes that are not part of our agreement and truly have nothing to do with the issue at hand (rezoning these parcels). Tomorrow night we will meet again. I'm asking for your help and for the City to live by the deal that was made between the City, neighbors, and developer. I appreciate your help in the matter. Thankyou! Lynette Curzon EAST Facilitator Westwood Elementary "Most folks are about as happy as they make up their minds to be" - Abraham Lincoln Dear Mayor Jordan, I am writing to voice my frustration with the city planning commission's approach to the development of the Trails on the Creek property. Rather than allowing the developer's proposed parkland donation, the commission is introducing changes that will invalidate the joint agreement that was thoughtfully and creatively put together between the developer (Lindsey), City of Fayetteville, and neighborhood. As you recall, you charged us to work together to come up with a proposal that made more sense for this property. During previous meetings, it was made clear that there were concerns raised by the city and neighbors to include potential for flooding, environmental impacts to the creek and wildlife habitat, street access, traffic, and the significant effort that would be needed to develop this land. The planning committee seems to be ignoring these concerns. Clearly allowing intelligent development that best fits the site will benefit our community and grow the community we love in a sustainable manner. Thank you for your consideration. Damon Lipinski 3566 North Buckingham Drive Mayor Jordan, I am reaching out in regard to a troubling development with the Trails on the Creeks City Park project. As you know the City Council, Developer and the neighborhood spend a significant amount of time to develop a plan that was best for the city. The last Planning Commission meeting the council derailed the process and it has been tabled. Rather than focusing on the re- zoning Lindsay is requesting they are questioning the land being donated for a Park. They were actually pushing for development on that parcel. The Park donation was accepted by the Parks & Recreation and the City of Fayetteville but the Planning Commission is coming in at the last minute and attempting to change the entire parcel. You had asked rightfully asked that Lindsey Development and the Brookhaven Estates neighborhood work out a plan we could all agree upon. That was done. Lindsay's offer to donate the land as a Park is a good thing for the City. We now have a plan that the City, neighbors and developer all agree on. The planning commission is asking for changes that are not part of our agreement and have nothing to do with the issue at hand (rezoning these parcels). The Planning Commission meeting is tonight and we will of course join that meeting. I would like to ask the you and the City Council intervene and get us back on the agreement we had all worked so hard to develop. I appreciate your leadership & support during this process. Mike Wallner 3582 N Buckingham Drive 479-871-8283 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0931 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Presentation Agenda Number: D.1 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN City of Fayetteville, Arkansas Page 1 Printed on 1012212020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0922 Agenda Date: 11/5/2020 Version: 1 Status: Agenda Ready In Control: City Council Aqenda Session File Type: Presentation Agenda Number: D.2 AGENDA SESSION PRESENTATION - PUBLIC SAFETY CAMPUS SITE DESIGN PRESENTATION City of Fayetteville, Arkansas Page 1 Printed on 1012212020