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HomeMy WebLinkAbout2020-04-21 - 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 April 21, 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 April 21, 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: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: 1. Amend Ordinance No. 6292: An ordinance to amend Ordinance No. 6292 which granted the Mayor temporary extraordinary powers to provide for the safety and health of Fayetteville inhabitants and to pass an emergency clause. THIS ORDINANCE FAILED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A. Consent 1. Approval of the April 7, 2020 Special City Council Meeting Minutes APPROVED 2. Bid #20-32 Thorpe Plant Services, Inc.: A resolution to award Bid #20-32 and authorize the purchase of a chemical storage tank from Thorpe Plant Services, Inc. in the amount of $41,974.00 plus applicable taxes and freight charges for use at the Noland Water Resource Recovery Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 116-20 3. Recreational Trails Program Grant Funds — Lake Fayetteville: A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid recreational trails program grant funds in the amount of $440,000.00 for the reconstruction and improvement to the section of the Lake Fayetteville shared -use paved trail across the dam, and to approve a city match of $110,000.00 for the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-20 4. Arkansas Department of Transportation — Transportation Alternatives Program Grant: A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid Arkansas Department of Transportation - Transportation Alternatives Program Grant funds in the amount of $500,000.00 for the construction of the Clabber Creek Trail Tunnel under Garland Avenue at Van Asche Drive, and to approve a city match of $125,000.00 for the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-20 5. Housing Success Program: A resolution to approve a budget adjustment in the total amount of $25,000.00 recognizing funding for the Housing Success Program from the Endeavor Foundation. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-20 6. Walton Family Foundation: A resolution to authorize an application for a 50150 matching grant from the Walton Family Foundation in the amount of $3,000,000.00 for the reconstruction of Maple Street from Razorback Regional Greenway to Garland Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-20 7. University of Arkansas Memorandum of Understanding: A resolution to approve a Memorandum of Understanding with the University of Arkansas to provide housing to Fayetteville Fire and Police Department personnel who need to quarantine. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-20 B. Unfinished Business: 1. Enact Article X Pedal Carriages: An ordinance to Enact Article X Pedal Carriages into Chapter 117: Vehicle -Related Businesses. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6300 2. RZN 20-6984 (2160 N. Crossover Rd./Salmon-Klinger): An ordinance to rezone that property described in rezoning petition RZN 20-6984 for approximately 2.8 acres located at 2160 North Crossover Road from C-1, Neighborhood Commercial and R-O, Residential Office to CS, Community Services, and from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6301 C. Public Hearing: 1. Zion Road Construction Project Condemnation and Possession: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Tracy Gaddy -Mayes needed for the Zion Road Construction Project. THIS RESOLUTION WAS TABLED UNTIL THE MAY 5, 2020 CITY COUNCIL MEETING D. New Business: 1. Extend Extraordinary Powers: A resolution to extend the temporary, extraordinary powers granted to Mayor Jordan in Ordinance #6292 from April 29, 2020 until June 2, 2020. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-20 2. Amend Resolution 33-20: A resolution to amend Resolution 33-20 to reduce the amount of reappropriations to the 2020 budget by $4,608,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-20 3. Hawkins -Weir, Engineers, Inc. Amend 1 - Bond Project: A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in the amount of $46,680.00 for additional conceptual drainage design services associated with the project to alleviate flooding near the North College Avenue and East 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Sunbridge Drive Intersection associated, and to approve a budget adjustment - 2019 Drainage Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-20 4. Craft Bearing Company, Inc.: An ordinance to waive competitive bidding and approve the emergency purchase of two replacement bearings for the thermal dryer from Craft Bearing Company, Inc. for the biosolids management site in the total amount of $36,505.60 plus applicable taxes and freight charges. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6302 5. RZN 20-7014 (1324 W. Mt. Comfort Rd./Tillman B, LLC.): An ordinance to rezone that property described in rezoning petition RZN 20-7014 for approximately 0.27 acres located at 1324 West Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. THIS ORDINANCE WAS LEFT ON THE FIRST READING 6. RZN 20-7020 (North of 540 W. Prairie St./Pearson): An ordinance to rezone that property described in rezoning petition RZN 20-7020 for approximately 0.30 acres located at North of 540 West Prairie Street from I-1, Heavy Commercial and Light Industrial to DG, Downtown General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6303 7. RZN 20-7030 (SE of E. Huntsville Rd. & S. River Meadows Dr./Stonebrook): An ordinance to rezone that property described in rezoning petition RZN 20-7030 for approximately 2.00 acres located Southeast of East Huntsville Road and South River Meadows from NS-L, Neighborhood Services -Limited to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6304 8. Amend §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to extend the city's noise regulations to all vehicle -related businesses. THIS ORDINANCE WAS LEFT ON THE SECOND READING 9. Amend the 2019 Community Development Block Grant (CDBG) Action Plan: A resolution to authorize an amendment to the 2019 Community Development Block Grant (CDBG) Action Plan to reflect CARES Act supplemental funding in the amount of $436,285.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Announcements: City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 8:30 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: April 21, 2020 Adjourn: ' 1 Subject: Roll Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan l i,--I n;:)(7—f'1-z, I� Subject: (V( t _ ('7 ,- _C(, Motion To: ��Gf �����` ��( � rev Motion By: Seconded: di{%O(k G� 1262 Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan - — — —�— �9-0 q_O q-0 a— b City Council Meeting: April 21, 2020 Subject: Consent C C•'�{ �G17��0 'r Motion To: Motion By: 1 Q oa ,\ Seconded: �i LAI Y�'ZL Smith Gutierrez f A. 1- A. 7 Marsh V/ Kinion f Petty J 0 Scroggin i 1�10 E aU aD Bunch f Turk Mayor Jordan Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: April 21, 2020 Subject: Enact Article X Pedal Carriages 2020-0160 r J ' Motion To: ca 6" Motion By: Seconded: Unfinished Business B.1 V200 Smith Gutierrez Marsh Kinion ' Petty Scroggin V � V/ Bunch V/ Turk Mayor Jordan ------ Subject: RZN 20-6984 (2160 N. Crossover Rd./Salmon-Klinger) 2020-0265 Motion To: cd Motion By: F Seconded: Unfinished Business B.2 U Smith Gutierrez J f Marsh ✓ f Kinion Petty Scroggin i Bunch J V Turk .� Mayor Jordan — — - - City Council Meeting: April 21, 2020 Subject: Zion Road Construction Project Condemnation and Possession 2020-0292 Motion To: Motion By: Z,[ , Seconded: � J-J vi Public Hearing C.1 �G+�J lii ✓l�' 5I SIa� Smith Gutierrez Marsh Kinion Petty Scroggin Bunch t f Turk Mayor Jordan 4; o f Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: April 21, 2020 Subject: Extend Extraordinary Powers 2020-0329 Motion To: roU Motion By: Seconded: D (I' i'1 New Business D.1 �a a ,)0 Smith Gutierrez Marsh f Kinion f Petty Scroggin Bunch Turk Mayor Jordan - /r I Subject: Amend Resolution 33-20 (2020-0296) r Motion To: rU v Motion By: ` r re Seconded: New Business D.2 Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan i City Council Meeting: April 21, 2020 Subject: Hawkins -Weir, En ineers, Inc. Amend 1-Bond Project 2020-0291 Motion To: Motion By: Seconded: New Business D.3 !! r' Smith 'Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Subject: Craft BearingCom an , Inc. 2020-0311 Motion To: �C/ 2 G `, 1 Motion By: Seconded: New Business D.4 �l Ip�0 Smith ,. Gutierrez Marsh Kinion Petty V Scroggin Bunch Turk Mayor Jordan ------� City Council Meeting: April 21, 2020 Subject: RZN 20-7014 (1324 W. Mt. Comfort Rd./Tillman B, LLC 2020-0282 Motion To: Motion By: Seconded: New Business D.5 Smith Gutierrez Marsh Kinion Petty a Y-\ r� A,OGl ` U Scroggin Bunch Turk Mayor Jordan V& l � L % was Subject: � . RZN 20-7020 (North of 540 W. Prairie St./Pearson) 2020-0283 Motion To: G� /j Motion By: �j/�� C,) t Seconded: New Business D. 6 b���Petty Smith f V/ Gutierrez Marsh Kinion Scro gin / Bunch ✓ ✓ V/ Turk / Mayor Jordan 0 61/-d City Council Meeting: April 21, 2020 Subject: RZN 20-7030 (SE of E. Huntsville Rd. & S. River Meadows Dr./Stonebrook) 2020-0284 Motion To: k Motion By: Seconded: T " ; 7' .1'P CI 1 116 (1. P Z- New Business D.7 r 1 ,�U �r Smith Gutierrez V Marsh ✓ \ Kinion Petty ! Scroggin e Bunch Turk Mayor Jordan 'o --a e6 r- �, Subject: Amend 96.02 Unreasonable or Excessive Noise Prohibited 2020-0262 Motion To: / Jf\d' Motion By: 17?n rz, A za r L, Seconded: New Business D.8 4 ., / �] (/(w" U �,{ "O (AV, Q Smith Gutierrez Marsh Kinion V f Petty Scroggin Bunch ✓ Turk Mayor Jordan - ---� �— City Council Meeting: April 21, 2020 Subject: Amend the 2019 Community Development Block Grant (CDBG) Action Plan 2020-0319 Motion To: Motion By: Seconded: New Business D.9 G Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan f j J City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 14, 2020 4:30 PM City Hall Room 219 Cif 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 April 14, 2020 /Call To Order /Roll Call ledge of Allegiance /Mayor's Announcements, Proclamations and Recognitions V `"ity Council Meeting Presentations, Reports and Discussion Items: /Agenda Additions A. Consent: f A. 1 2019-0975 APPROVAL OF THE APRIL 7, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0290 BID #20-32 THORPE PLANT SERVICES, INC.: A RESOLUTION TO AWARD BID #20-32 AND AUTHORIZE THE PURCHASE OF A CHEMICAL STORAGE TANK FROM THORPE PLANT SERVICES, INC. IN THE AMOUNT OF $41,974.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY A.3 2020-0250 RECREATIONAL TRAILS PROGRAM GRANT FUNDS - LAKE FAYETTEVILLE: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM GRANT FUNDS IN THE AMOUNT OF $440,000.00 FOR THE RECONSTRUCTION AND IMPROVEMENT TO THE SECTION OF THE LAKE FAYETTEVILLE SHARED -USE PAVED TRAIL ACROSS THE DAM, AND TO APPROVE A CITY MATCH OF $110,000.00 FOR THE PROJECT City of Fayetteville, Arkansas Page 2 Printed on 41912020 City Council Agenda Session Tentative Agenda April 14, 2020 A.4 2020-0251 ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT FUNDS IN THE AMOUNT OF $500,000.00 FOR THE CONSTRUCTION OF THE CLABBER CREEK TRAIL TUNNEL UNDER GARLAND AVENUE AT VAN ASCHE DRIVE, AND TO APPROVE A CITY MATCH OF $125,000.00 FOR THE PROJECT U. A.5 2020-0293 HOUSING SUCCESS PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $25,000.00 RECOGNIZING FUNDING FOR THE HOUSING SUCCESS PROGRAM FROM THE ENDEAVOR FOUNDATION /A. 6 2020-0178 WALTON FAMILY FOUNDATION: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $3,000,000.00 FOR THE RECONSTRUCTION OF MAPLE STREET FROM RAZORBACK REGIONAL GREENWAY TO GARLAND AVENUE B. Unfinished Business: I ' B. 1 2020-0160 ENACT ARTICLE X PEDAL CARRIAGES: AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 117: VEHICLE -RELATED BUSINESSES At the March 16, 2020 Special City Council meeting this ordinance was tabled. City of Fayetteville, Arkansas Page 3 Printed on 4/9/2020 City Council Agenda Session Tentative Agenda At the April 7, 2020 City Council Meeting this item was left of the first reading. v B.2 2020-0265 RZN 20-6984 (2160 N. CROSSOVER RD./SALMON-KLINGER): April 14, 2020 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6984 FOR APPROXIMATELY 2.25 ACRES LOCATED AT 2160 NORTH CROSSOVER ROAD FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES AND FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL At the April 7, 2020 City Council Meeting this item was left on the first reading. C. Public Hearing: C.1 2020-0292 ZION ROAD CONSTRUCTION PROJECT CONDEMNATION AND POSSESSION: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY TRACY GADDY-MAYES NEEDED FOR THE ZION ROAD CONSTRUCTION PROJECT D. New Business: D. 1 2020-0296 AMEND RESOLUTION 33-20: A RESOLUTION TO AMEND RESOLUTION 33-20 TO REDUCE THE AMOUNT OF REAPPROPRIATIONS TO THE 2020 BUDGET BY $4,608,000.00, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on &9/2020 City Council Agenda Session Tentative Agenda April 14, 2020 D.2 2020-0291 HAWKINS-WEIR, ENGINEERS, INC. AMEND 1 - BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $46,680.00 FOR ADDITIONAL CONCEPTUAL DRAINAGE DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION ASSOCIATED, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT D.3 2020-0311 CRAFT BEARING COMPANY, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE EMERGENCY PURCHASE OF TWO REPLACEMENT BEARINGS FOR THE THERMAL DRYER FROM CRAFT BEARING COMPANY, INC. FOR THE BIOSOLIDS MANAGEMENT SITE IN THE TOTAL AMOUNT OF $36,505.60 PLUS APPLICABLE TAXES AND FREIGHT CHARGES JD.4 2020-0282 RZN 20-7014 (1324 W. MT. COMFORT RD./TILLMAN B, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7014 FOR APPROXIMATELY 0.27 ACRES LOCATED AT 1324 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 5 Printed on 4/9/2020 City Council Agenda Session Tentative Agenda April 14, 2020 -9 2020-0283 RZN 20-7020 (NORTH OF 540 W. PRAIRIE ST./PEARSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED AT NORTH OF 540 WEST PRAIRIE STREET FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL D.6 2020-0284 RZN 20-7030 (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7030 FOR APPROXIMATELY 2.00 ACRES LOCATED AT SOUTHEAST OF EAST HUNTSVILLE ROAD AND SOUTH RIVER MEADOWS FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO CS, COMMUNITY SERVICES D. 7 2020-0263 i Te Y1 1 L) t_ ►'vvvP� ANX 20--995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX) APPEAL: AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20-6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COMFORT City of Fayetteville, Arkansas Page 6 Printed on 41912020 City Council Agenda Session Tentative Agenda April 14, 2020 D.8 2020-0264 RZN 20-606 (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT REZONE) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6996 FOR APPROXIMATELY 152.00 ACRES LOCATED AT HUGHMOUNT ROAD NORTH OF MOUNT COMFORT ROAD TO R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE; RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS-G, NEIGHBORHOOD SERVICES -GENERAL D.9 2020-0262 AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE -RELATED BUSINESSES ECity Council Agenda Session Presentations: C.G. City Council Tour: E. Announcements: Adjournment -3 �J C) Ud t-7 0 f P—, ro r City of Fayetteville, Arkansas Page 7 Printed on 4/9/2020 •r Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Jodi Batker THRU: Kara Paxton, City Clerk Paralegal FROM: Kit Williams, City Attorney y DATE: April 22, 2020 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the Special City Council meeting of April 21, 2020 1. A RESOLUTION TO AWARD BID #20-32 AND AUTHORIZE THE PURCHASE OF A CHEMICAL STORAGE TANK FROM THORPE PLANT SERVICES, INC. IN THE AMOUNT OF $41,974.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM GRANT FUNDS IN THE AMOUNT OF $440,000.00 FOR THE RECONSTRUCTION AND IMPROVEMENT TO THE SECTION OF THE LAKE FAYETTEVILLE SHARED -USE PAVED TRAIL ACROSS THE DAM, AND TO APPROVE A CITY MATCH OF $110,000.00 FOR THE PROJECT 3. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT FUNDS IN THE AMOUNT OF $500,000.00 FOR THE CONSTRUCTION OF THE CLABBER CREEK TRAIL TUNNEL UNDER GARLAND AVENUE AT VAN ASCHE DRIVE, AND TO APPROVE A CITY MATCH OF $125,000.00 FOR THE PROJECT 4. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $25,000.00 RECOGNIZING FUNDING FOR THE HOUSING SUCCESS PROGRAM FROM THE ENDEAVOR FOUNDATION 5. A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $3,000,000.00 FOR THE RECONSTRUCTION OF MAPLE STREET FROM RAZORBACK REGIONAL GREENWAY TO GARLAND AVENUE 6. A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF ARKANSAS TO PROVIDE HOUSING TO FAYETTEVILLE FIRE AND POLICE DEPARTMENT PERSONNEL WHO NEED TO QUARANTINE 7. AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 117: VEHICLE -RELATED BUSINESSES 8. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6984 FOR APPROXIMATELY 2.8 ACRES LOCATED AT 2160 NORTH CROSSOVER ROAD FROM C-1, NEIGHBORHOOD COMMERCIAL AND R-0, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES, AND FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL 9. A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS GRANTED TO MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020 UNTIL .TUNE 2, 2020 10. A RESOLUTION TO AMEND RESOLUTION 33-20 TO REDUCE THE AMOUNT OF REAPPROPRIATIONS TO THE 2020 BUDGET BY $4,608,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 11. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $46,680.00 FOR ADDITIONAL CONCEPTUAL DRAINAGE DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION ASSOCIATED, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT 12. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE EMERGENCY PURCHASE OF TWO REPLACEMENT BEARINGS FOR THE THERMAL DRYER FROM CRAFT BEARING COMPANY, INC. FOR THE BIOSOLIDS MANAGEMENT SITE IN THE TOTAL AMOUNT OF $36,505.60 PLUS APPLICABLE TAXES AND FREIGHT CHARGES 13. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED NORTH OF 540 WEST PRAIRIE STREET FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DO, DOWNTOWN GENERAL 14. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7030 FOR APPROXIMATELY 2.00 ACRES LOCATED SOUTHEAST OF EAST HUNTSVILLE ROAD AND SOUTH RIVER MEADOWS FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO CS, COMMUNITY SERVICES SUBJECT TO A BILL OF ASSURANCE 15. A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN TO REFLECT CARES ACT SUPPLEMENTAL FUNDING IN THE AMOUNT OF $436,285.00 RZN20-6984 Close Up View KANTZ-DR R-o 132 20-6984 Exhibit W- Revised/Additional Info K L I N G E R 20-6984 EXHIBIT W RSF-4 W Q X O m CITIZENS DR 0 O N U) ran 70 v Legend Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 75 150 300 450 Building Footprint 1 inch = 200 feet on M Ll MISSION'131-VD 'OO N O RTH Zoning Acres CS 2.5 NS-G 0.3 Total 2.8 B2 20-6984 Exhibt 'B' - Revised/Additional Information JORGENSEN +ASSOCIATES Civil Engineering Surveying Landscape Architecture Services LEGAL DESCRIPTION — Parcel # 765-13321-001 Lot 2 (C-1 to CS): 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com PART OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1 AND PART OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 2, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1, AS SHOWN ON THE RECORDED PLAT 2005-45594 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS; THENCE S03-11-40W 340.50 FEET THENCE, S13-47-37E 28.65 FEEET THENCE, S07-49-09-E 43.70 FEET TO THE P.O.B.; THENCE S87-13-45E 178.69 FEET THENCE, S02-45- 23W 164.10 FEET THENCE, N86-47-38-W 197.44 FEET THENCE, N04-06-23E 55.58 FEET THENCE, N21-56-44E 74.10 FEET THENCE, N07-49-09W 37.69 FEET TO THE P.O.B. CONTAINING 0.70 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. LEGAL DESCRIPTION — Parcel # 765-13321-001 Lot 2 (R-O to CS): PART OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1 AND PART OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 2, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1, AS SHOWN ON THE RECORDED PLAT 2005-45594 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS; THENCE S87-13-45E 193.25 FEET, THENCE S02-45-23W 410.93 FEET, THENCE N87-13-45W 178.69 FEET TO THE EAST RIGHT OF WAY OF HWY 265, THENCE ALONG SAID RIGHT OF WAY N07-49-09W 43.69 FEET, THENCE N13-47-37W 28.65 FEET, THENCE NO3-11-40E 340.53 FEET TO THE P.O.B. CONTAINING 1.81 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. LEGAL DESCRIPTION — Parcel #765-04570-000 Lot 4 (RSF-4 to NS-G): A PART OF LOT 4 OF CROSSROADS EAST IN BLOCK 2 IN FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND Ex-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE, S87-13-45E 33.27 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE NW CORNER OF THE NW OF THE SW % OF SEC 1-T16N-R30W THENCE, S87-13-45E 192.27 FEET THENCE, NO2-46-15E 70.00 FEEET THENCE, N87-13-45W 192.26 FEET THENCE, S02-46-30W 70.00 FEET TO THE P.O.B.; CONTAINING 0.308 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. City Council Walk On 4/21/20 Legistar ID No.: AGENDA REQUEST FORM FOR: Council Meeting of April 21, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND ORDINANCE NO. 6292 WHICH GRANTED THE MAYOR TEMPORARY EXTRAORDINARY POWERS TO PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND TO PASS AN EMERGENCY CLAUSE APPROVED FOR AGENDA: Council Member -yle Smith City Attorney Kit Williams R-onsaw,"p,0 -4 r t { 26 Date Williams, Kit From: Kyle Smith <citycouncil@kyle4fay.org> Sent: Monday, April 20, 2020 11:21 AM To: Williams, Kit Cc: Norton, Susan; Batker, Jodi Subject: Re: Mayor's Policies and Orders Attachments: image001.png 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. Perfect. Thank you for your edits And clarification on the policy vs. order issue. I also like the inclusion of approving all the prior issues at once. On Mon, Apr 20, 2020, 11:18 AM Williams, Kit <kwilliams@fayetteville-ar.gov> wrote: Kyle, Thanks for approving your proposed ordinance with several minor changes and the memo explaining what you are proposing. We will enter this into Legistar with your approving email as authority so you will not need to come in and sign the Ordinance Request form. Kit From: Kyle Smith <citycounc11@ky1e4fay.ot > Sent: Monday, April 20, 2020 7:28 AM To: Norton, Susan <snorton@fayettevil!e-ar.gov>; Williams, Kit <kwilliams fa etteville-ar. ov> Subject: Re: Mayor's Policies and Orders CAU'nON, 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. Just following up on Friday morning's ordinance amendment email. I know the City Attorney's office has a lot on its plate. I heard back from Susan but just want to make sure Kit saw it. If it requires a walk-on agenda sheet, I'm free to come by and sign (mask and wet wipes, of course) anytime so it can be distributed to council members in advance. My thanks to everyone for your help and feedback! i CA OFFICE OF THI. (.ITN' A-rTORNEY DEPARTMENTAL CORRESPONDENCE Kit %Vil[ianis t:ir,�:lrr�si ��ti•t. TO: Mayor Jordan 111ake C'enningtc ti City Council A sislaur t irti :Irr,�r,rr� loth IZ�tIl:c r CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: April 20, 2020 RE: Council Member Kyle Smith's walk-on proposed Ordinance for City Council review and approval of Mayoral Policies issued pursuant to Ordinance No. 6292 Council Member Kyle Smith has proposed an Ordinance to require City Council review of all Policies issued by Mayor Jordan pursuant to your grant of temporary extraordinary powers in Ordinance No. 6292. Although Kyle had included "Orders" in this review process, the only two "Orders" issued by Mayor Jordan concerned the Civil Service Commission's Rules and Regulations which are not within the City Council's powers. Thus, the Mayor used his statutory powers pursuant to A.C.A. §12-75-108(3) for these Orders. It would be beyond the City Council powers to attempt to approve or reject these Orders, and so I have not included "Orders" in this proposed Ordinance. It is certainly within the City Council's powers to review Mayoral Policies based solely upon the temporary extraordinary powers you granted to Mayor Jordan. Kyle's proposed Ordinance would give the Council such review authority to approve or reject any such Mayoral policy. Attached are the Mayoral Policies still currently effective (until April 29, 2020) and issued pursuant to Ordinance No. 6292 that can be approved or rejected through Kyle's proposed Ordinance amending Ordinance No. 6292. ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 6292 WHICH GRANTED THE MAYOR TEMPORARY EXTRAORDINARY POWERS TO PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND TO PASS AN EMERGENCY CLAUSE WHEREAS, the City Council passed Ordinance No. 6292 on March 16, 2020, granting Mayor Lioneld Jordan temporary extraordinary powers to protect the public health and safety at a time when social distancing recommendations made uncertain our ability to conduct regular City Council business safely; and WHEREAS, Mayor Jordan's swift and firm actions pursuant to Ordinance No. 6292 have set the standard for good practice in communities across the state; and WHEREAS, Mayor Jordan issued Policy #4 pursuant to Ordinance No. 6292 establishing procedures for virtual meetings that have allowed the City Council to continue its legislative function without interruption; and WHEREAS, the Covid-19 public health situation may necessitate the City Council's renewal of our confidence in Mayor Jordan's ability to respond quickly to changing circumstances over a protracted periods by extending the effective date of Ordinance No. 6292, but the City Council should continue to exercise its legislative role reviewing these policies. 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 Ordinance No. 6292 by adding the following subsections: (5) All policies issued by Mayor Jordan pursuant to the powers granted by this Ordinance shall be immediately effective with prompt notification of the City Council, public and press. (6) During the first City Council Meeting following the issuance of any new Mayoral Policy, the first order of New Business shall be a Resolution to approve or reject any or all Mayoral Policies not previously approved by the City Council. Any rejected Policy shall immediately be rendered ineffective and unenforceable. (7) All Mayoral Policies issued pursuant to this Ordinance are terminated and made ineffective upon the ineffective date or repeal of Ordinance No. 6292 as amended. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the following Mayoral Policies issued pursuant to Ordinance No. 6292 and which are currently effective: (a) Amended Policy #1(limiting bars and restaurants to takeout, curbside or delivery, and suspending any regulations preventing restaurants from acting like grocery stores) (b) Policy #2 (limiting funeral home's indoor services to family members) (c) Policy #3 (limiting attendance in theaters, auditoriums, etc. and requiring social distancing) (d) Policy #4 (allowing virtual City Council and Planning Commission meetings) (e) Policy #5 (requiring social distancing in parks and suspending the expanded polystyrene foam single -use product ban until July 1, 2020) Section 3. Emergency Clause The Fayetteville City Council recognizes that Fayetteville and its citizens are under dire threat from the Covid-19 Pandemic and that our citizens' health and safety require that this ordinance granting the Mayors extraordinary temporary powers to protect our citizens constitutes an emergency such that this Ordinance must and will go into full force and effect immediately upon its passage and approval. PASSED and APPROVED this 2 1 " day of April, 2020. APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer D7 20-7030 Bill of Assurance/Additional Information Exhibit "C" P 3/4 BILL OF ASSURANCE )EXHIBIT "A" 1. In regard to the 12.03 acre area shown on Exhibit "B" with the zoning request of Neighborhood Conservation, the Petitioner hereby agrees to limit the number of lots to 57 or 4.7 lots per acre. 2. The Developer will not permit a gas station on any of the tracts shown in Exhibit `B." 3. The Petitioner will pay its reasonable, proportionate share of any future traffic signal on Huntsville Road in front of its property. 4. Pending the Arkansas Highway's Departments approval, the Petitioner will pay a reasonable amount to restripe a third turning lane to serve as the main Huntsville Road entrance for its development as shown in Exhibit "B." 5. In its development depicted in Exhibit `B," the Developer promises there will be three points of ingress and egress, plus the stub out to the East. 6. The Developer will pay its reasonable fair share of work to alleviate an offsite drainage issue that the City and the Developer promised to fix in the 2008 PDZ concerning this property. D7 Ord RZN 20- 7030 Additional Information Exhibit "C" P 4/4 pi' s�1•i i 1t 11 ditill" iL 3! f `+ I a f i� �+ 5 i 1! �y��� e `.��.. .��_ k}.� �... ��•�� 1 L��i r-���ix oil srl�t ��� i1 � 1 - "-', '' { �4 ll .•i „''ti�yr 19 XT e�j�r yi�"/�. i { �� �dL'�---• :1:1i �1. '.i4 ... t.• '�'.y �� � A, 1 �' y S' �f1 .ter• M�� fit �7 per.. 1 R[[R¢r {7{F,�� R• �, y BB 40 M R{iig2 b�ee?S jG>$ti;akF tnhhkT L�. i•• �+NYIA �i'�R�siR ��;i�:: titb��: i iR'i Z�Q� AtO•�`�� •ry �n`� F •' Qx, ..sg r- y;i A Fe j 1 JORGENSF.N & ASSOC'IATCS •• r •:-�-•i +_...+ii, Fnu�,viexs ii•uiuui. •'i'1':I �• ��•'"- �•� '' _"�" F- !�'!_.G1 .e�A I.� �i t-_ _.�..__. _�.-_. - rs t•*fnnFlrvG Itt�C7 {IESTI/f D7 Ord RZN 20-7030 SE Huntsville River Meadows NSL to CS - Subject to Bill of Assurance/Additional Information ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7030 FOR APPROXIMATELY 2.00 ACRES LOCATED AT SOUTHEAST OF EAST HUNTSVILLE ROAD AND SOUTH RIVER MEADOWS FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO CS, COMMUNITY SERVICES, SUBJECT TO A BILL OF ASSURANCE 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 NS-L, Neighborhood Services - Limited to CS, Community Services, subject to the Bill of Assurance filed with Ordinance No. 5790 in the records of the Washington County Circuit Clerk on September 9, 2015, as Instrument No. 2015-00025644. 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. PASSED and APPROVED this 21st day of April, 2020. APPROVED: ATTEST: M. LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer D9 Amend 2019 CDBG Housing -Utility Project Projections/Additional Information The project will provide assistance to Fayetteville households that had a reduction in income due to COVID-19. Projections are based on HUD Fair Market Rent and providing utility assistance as needed. Rental Assistance projections are based household size and financial need. # Households Rent & Utility Assistance May 95 $76,371 June 72 $59,301 July 51 $41,738 August 28 $22,122 Total $199,532 Note: The total unduplicated number of households receiving assistance is projected to be 133. The above projections are an estimate. Actual number of households and assistance may vary from these projections. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, April 21, 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 April 21, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Agenda Additions A. Consent A. 1 2019-0975 APPROVAL OF THE APRIL 7, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0290 BID #20-32 THORPE PLANT SERVICES, INC.: A RESOLUTION TO AWARD BID #20-32 AND AUTHORIZE THE PURCHASE OF A CHEMICAL STORAGE TANK FROM THORPE PLANT SERVICES, INC. IN THE AMOUNT OF $41,974.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY A.3 2020-0250 RECREATIONAL TRAILS PROGRAM GRANT FUNDS - LAKE FAYETTEVILLE: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM GRANT FUNDS IN THE AMOUNT OF $440,000.00 FOR THE RECONSTRUCTION AND IMPROVEMENT TO THE SECTION OF THE LAKE FAYETTEVILLE SHARED -USE PAVED TRAIL ACROSS THE DAM, AND TO APPROVE A CITY MATCH OF $110,000.00 FOR THE PROJECT City of Fayetteville, Arkansas Page 2 Printed on 411612020 City Council Meeting Final Agenda April 21, 2020 ELI A. 6 A. 7 2020-0251 ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT FUNDS IN THE AMOUNT OF $500,000.00 FOR THE CONSTRUCTION OF THE CLABBER CREEK TRAIL TUNNEL UNDER GARLAND AVENUE AT VAN ASCHE DRIVE, AND TO APPROVE A CITY MATCH OF $125,000.00 FOR THE PROJECT 2020-0293 HOUSING SUCCESS PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $25,000.00 RECOGNIZING FUNDING FOR THE HOUSING SUCCESS PROGRAM FROM THE ENDEAVOR FOUNDATION 2020-0178 WALTON FAMILY FOUNDATION: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $3,000,000.00 FOR THE RECONSTRUCTION OF MAPLE STREET FROM RAZORBACK REGIONAL GREENWAY TO GARLAND AVENUE 2020-0327 UNIVERSITY OF ARKANSAS MEMORANDUM OF UNDERSTANDING: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF ARKANSAS TO PROVIDE HOUSING TO FAYETTEVILLE FIRE AND POLICE DEPARTMENT PERSONNEL WHO NEED TO QUARANTINE City of Fayetteville, Arkansas Page 3 Printed on 411612020 City Council Meeting Final Agenda April 21, 2020 B. Unfinished Business B. 1 2020-0160 ENACT ARTICLE X PEDAL CARRIAGES: AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 117: VEHICLE -RELATED BUSINESSES At the March 16, 2020 Special City Council meeting this ordinance was tabled. At the April 7, 2020 City Council Meeting this item was left of the first reading. B.2 2020-0265 RZN 20-6984 (2160 N. CROSSOVER RD./SALMON-KLINGER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6984 FOR APPROXIMATELY 2.8 ACRES LOCATED AT 2160 NORTH CROSSOVER ROAD FROM C-1, NEIGHBORHOOD COMMERCIAL AND R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES, AND FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL At the April 7, 2020 City Council Meeting this item was left on the first reading. C. Public Hearing: C. 1 2020-0292 ZION ROAD CONSTRUCTION PROJECT CONDEMNATION AND POSSESSION: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY TRACY GADDY-MAYES NEEDED FOR THE ZION ROAD CONSTRUCTION PROJECT D. New Business City of Fayetteville, Arkansas Page 4 Printed on 411612020 City Council Meeting Final Agenda April 21, 2020 D. 1 D. 2 D. 3 1 2020-0329 EXTEND EXTRAORDINARY POWERS: A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS GRANTED TO MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020 UNTIL JUNE 2, 2020 2020-0296 AMEND RESOLUTION 33-20: A RESOLUTION TO AMEND RESOLUTION 33-20 TO REDUCE THE AMOUNT OF REAPPROPRIATIONS TO THE 2020 BUDGET BY $4,608,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 2020-0291 HAWKINS-WEIR, ENGINEERS, INC. AMEND 1 - BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $46,680.00 FOR ADDITIONAL CONCEPTUAL DRAINAGE DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION ASSOCIATED, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT 2020-0311 CRAFT BEARING COMPANY, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE EMERGENCY PURCHASE OF TWO REPLACEMENT BEARINGS FOR THE THERMAL DRYER FROM CRAFT BEARING COMPANY, INC. FOR THE BIOSOLIDS MANAGEMENT SITE IN THE TOTAL AMOUNT OF $36,505.60 PLUS APPLICABLE TAXES AND FREIGHT CHARGES City of Fayetteville, Arkansas Page 5 Printed on 411612020 City Council Meeting Final Agenda April 21, 2020 D. 6 D. 7 D. 8 2020-0282 RZN 20-7014 (1324 W. MT. COMFORT RD./TILLMAN B, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7014 FOR APPROXIMATELY 0.27 ACRES LOCATED AT 1324 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 2020-0283 RZN 20-7020 (NORTH OF 540 W. PRAIRIE ST./PEARSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED AT NORTH OF 540 WEST PRAIRIE STREET FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL 2020-0284 RZN 20-7030 (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7030 FOR APPROXIMATELY 2.00 ACRES LOCATED SOUTHEAST OF EAST HUNTSVILLE ROAD AND SOUTH RIVER MEADOWS FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO CS, COMMUNITY SERVICES 2020-0262 AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE -RELATED BUSINESSES City of Fayetteville, Arkansas Page 6 Printed on 411612020 City Council Meeting Final Agenda April 21, 2020 D.9 2020-0319 AMEND THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN TO REFLECT CARES ACT SUPPLEMENTAL FUNDING IN THE AMOUNT OF $436,285.00 E. City Council Agenda Session Presentations F. City Council Tour G. Announcements H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 7 Printed on 411612020 City Council Meeting Final Agenda April 21, 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 then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Presentations by Staff and Applicants: Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the City Council. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the City Council member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to a City Council member or city staff City of Fayetteville, Arkansas Page 8 Printed on 411612020 City Council Meeting Final Agenda April 21, 2020 member except through the Mayor. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 9 Printed on 411612020 Agenda Session Walk On 4/14/20 Brad Hardin Submitted By City of Fayetteville Staff Review Form 2020-0327 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/13/2020 FIRE(300) Submitted Date Division / Department Action Recommendation: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: This Item is a walk-on to the City Council Agenda because The Fayetteville Fire Department just received the latest version of the Memorandum of Understanding on April 10, 2020. The cost will vary based upon the level of usage/need to quarantine Fire Department employees. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: April 13, 2020 CITY COUNCIL MEMO SUBJECT: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. RECOMMENDATION: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. BACKGROUND: The Fayetteville Fire Department has been researching and trying to identify possible housing alternatives for Fire Department employees who may need to quarantine due to Covid-19 exposures or sickness. The University of Arkansas is willing to provide housing to assist with this concern. DISCUSSION: This Item is a walk-on to the City Council Agenda because The Fayetteville Fire Department just received the latest version of the Memorandum of Understanding on April 10, 2020. If this Memorandum of Understanding is approved, it will provide adequate housing arrangements for Fire Department employees. This will enable Fire employees to quarantine as deemed necessary due to COVID medical matters. BUDGET/STAFF IMPACT: The Budget Impact will vary based upon the needed usage of housing for quarantining Fire Employees. The funds will be related to Emergency COVID Response. Attachments: Memorandum Of Understanding Documentation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Memorandum of Agreement This Agreement is made and entered into, effective on the day of April 2020, by and between the following entities, collectively referred to as the "parties": • The City of Fayetteville, Arkansas, a municipal corporation under the laws of the State of Arkansas (hereinafter referred to as the "City"), including the Fayetteville Police Department ("FPD") and the Fayetteville Fire Department ("FFD"); and • The Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas, Fayetteville, an educational institution and public body of the State of Arkansas (hereinafter referred to as the "University" or "UAF"). FPD and FFD may, from time to time herein, be collectively referred to as the "First Responders." WHEREAS, the 2019 novel coronavirus, or COVID-19, is a very contagious respiratory virus that can cause mild to severe illness and, in some cases, become life -threatening; and WHEREAS, the global transmission of COVID-19 has resulted in its classification by the World Health Organization as a pandemic; and WHEREAS, the rapid spread of COVID-19 across the United States has become a national health crisis, with confirmed cases in all fifty states; and WHEREAS, as of the date of this drafting, there were 1,000 confirmed cases of COVID- 19 in Arkansas (and 29 in Washington County), with a steady increase that, according to some projections, may not reach its peak until late -April to early June; and WHEREAS, the First Responders are and will continue to be on the front lines of the community's response to this health crisis, and by doing their jobs caring for and protecting the Fayetteville community, may face increased exposure to COVID-19; and WHEREAS, the University wishes to continue its partnerships with the First Responders and offer its assistance in the face of this COVID-19 health crisis; and WHEREAS, the First Responders have requested the University to provide temporary residential accommodations in certain University Housing facilities on the Fayetteville campus for use by some number of their employees over the course of the COVID-19 health crisis (hereinafter, the "Emergency Housing"); and WHEREAS, the First Responders collectively anticipate that they may require Emergency Housing some number of their employees (approximately 5 to 24 FFD employees and approximately 6 to 30 FPD employees), on a rolling basis, over the course of the COVID-19 health crisis in the event that such employees require segregated housing or quarantine/isolation as a result of exposure to COVID-19 (hereinafter, the "Occupants"); and WHEREAS, subject to the terms and conditions of this Agreement, the University does not anticipate that the University's provision of Emergency Housing will not disrupt the educational mission of the University or the regularly scheduled use of University Housing facilities during this time; and WHEREAS, the best interests of the Fayetteville community and, in turn, the University itself, will be advanced by allowing the First Responders to utilize the Emergency Housing for this purpose; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties contained herein, and other good and valuable consideration, the parties, intending to be legally bound, covenant and agree as follows: 1. Term of Agreement; Renewal. The initial term of this Agreement shall commence on April 1, 2020 and terminate on June 30, 2020. By June 17, 2020, the parties agree to individually and collectively review the Agreement and evaluate the possibility of extension in light of the status of the COVID-19 health crisis and their continued operations. The Agreement shall only be renewed upon the written agreement of the parties. Housing will become available under this Agreement on or about April 13, 2020. 2. Scope of Use of University Housing Facilities. Subject to the terms and conditions of this Agreement and the attached exhibits, University Housing shall provide Emergency Housing accommodations. This Agreement shall be fully binding upon any person approved to reside in University -owned housing during the COVID-19 health crisis, including prior to, during or after the COVID-19 health crisis. University officials and employees, including, without limitation, University Housing officials and employees, shall have the right to enter all facilities (indoor and outdoor) for purposes of maintenance, safety and public welfare. Additionally, students, faculty, staff, administrators and members of the public shall be free to traverse all surrounding outdoor areas to enable the free and orderly flow of pedestrians, deliveries of supplies, campus tours, and other bona fide University activities, but the assigned portions of the University Housing facilities shall not be made available for the use of any other groups. In the event of any unauthorized use or disruption of any locations, indoors or outdoors, that have been assigned for the First Responder's use, then the Occupants shall notify the University of Arkansas Police Department ("UAPD") or other authorized law enforcement agencies who will respond to any such unauthorized use or disruption at any location on campus. UAPD and/or any other authorized law enforcement agencies rendering assistance may take all necessary actions to address any issues as necessary and as permitted by Arkansas law. 2 3. Assignment of University Housing Facilities. With consideration of the continuing operations of the campus, including students who continue to reside on -campus, as well as the particular needs of the First Responders, University Housing shall assign the Occupants to University Housing's facilities (or segmented areas of University Housing facilities) on the Fayetteville campus as specified in Exhibit A, which is attached hereto and incorporated herein by reference. University Housing shall have full discretion in the selection of the University Housing facilities to be used as Emergency Housing under this Agreement. 4. Fees. The Fee for using University Housing facilities under this Agreement, including housing, meals, and associated charges, is outlined in Exhibit B. On or about seven (7) business days after the last of the Occupants vacates the assigned University Housing facility, University Housing will submit an itemized invoice of charges to each of the First Responders for the total Housing Fee for their Occupants. 5. Housing and Dining Procedures. Housing and dining procedures under this Agreement and additional information are included at Exhibit A. 6. Taxes. The University does not believe that any sales taxes or ad valorem taxes apply to the use of its facilities under this Agreement. In the event any governmental authority imposes sales or ad valorem taxes in regard to the use of the University's facilities under this Agreement, the University shall have the right to charge the First Responders for any taxes attributed to their use of the facilities. The First Responders and the University, however, shall each respectively reserve all rights to challenge any such tax payments. 7. Attachments. This Agreement shall consist of the following documents: all provisions set forth in this Agreement; Exhibit A (Campus Dining and Housing First Responders Program); Exhibit B (Estimated Housing and Meal Costs); Exhibit C (Medical Evaluation for Isolated/Quarantined First Responders); and Exhibit D (Sample Medical Screen/Evaluation Log for Employee Isolation/Quarantine Site). 8. University Housing General Terms and Conditions of Occupancy. A. Right of the University to Refuse or Cancel Agreement. In the event accommodations assigned to the First Responders are destroyed or otherwise made unavailable and the University does not furnish other accommodations, the Agreement shall terminate automatically without any liability for the University or the First Responders. The University reserves the right to refuse admission into University Housing to any group or participant for failure to comply with University and/or University Housing policies and regulations, or federal and/or state laws. The Agreement and these General Terms and Conditions shall be fully binding upon any person residing in University - owned housing during the period of time relevant to the COVID-19 health crisis. The Agreement may be terminated only under the conditions specified herein. The University does not discriminate against any individual or group of individuals on the basis of age, color, disability, gender, national origin, race, religion, sexual orientation or veteran's status. B. Reservation of Rights by Campus Dining Services. Campus Dining Services is the sole and exclusive third -party food service provider for the University. Campus Dining Services reserves the right to terminate the reservation should unforeseen emergencies occur, making it inadvisable, illegal, or impossible to provide meal service. Additional information about meal options and pricing is at Exhibits A and B. C. Accommodations and Eligibility. Specific residence halls or apartments are not guaranteed. Space is reserved based on availability and is subject to change. University Housing also reserves the right to move Occupants to accomplish necessary repairs/renovations to buildings. D. Supervision. Occupants are expected to follow all applicable University rules and regulations and all federal, state and local laws. University Housing will not provide supervision but will enforce applicable policies. E. Guests and Visitation. Visitors and overnight guests are not permitted. F. Inspection and Access. University Housing reserves the right to enter assigned rooms and apartments under certain circumstances including, but not limited to, inspections for safety, health, general housing policy compliance, cleaning, inventory, epidemics or other emergencies, pest control, occupancy verification and/or general repair. If such inspections are of a routine or periodically recurring nature, reasonable effort will be made to give prior notice. G. Damages. The First Responders shall be responsible for the accommodations assigned and shall reimburse University Housing for all the damages within or to any accommodations provided under this Agreement. University Housing will determine the amount and cost of damages and/or necessary additional cleaning required. These additional charges will be added to the total bill and included in a final invoice to the individual First Responders to be provided on or around seven (7) business days after check-out. All furniture in any assigned room or location at the time of occupancy must stay in the room or location for the duration of the Occupant's stay in the facility. Furnishings may not be removed, stored, or traded. There is a $200.00 charge for violating this policy in addition to any cost of damaged/missing furniture. The First Responders may wish to require individual Occupants to sign agreements specifying that the First Responders can recover damage costs from M responsible Occupants. Individual Occupants will not be billed by University Housing for damages. In all cases, the First Responders will be billed and responsible for all such costs and damages. H. Security. In order to maintain security for all Occupants, keys/building access fobs are not to be shared with other Occupants. The First Responders shall be responsible for all keys/building access fobs issued to Occupants. If keys/conference cards are lost, participants are to report the loss immediately to a University Housing staff member. Occupants are urged to lock their windows and doors during occupancy. For personal safety, ground floor accessible windows should be kept locked at all times and security screens left untouched. Occupants shall not access any concrete canopies, which are commonly referred to as "ledges," which extend from certain residence halls at any time except in the event of a fire or other life -threatening circumstance. Any Occupants accessing the ledges will be removed from University Housing immediately without question. Occupants shall not prop open doors or allow others to "tailgate" through entrances without proper authorization. A $150.00 fee will be assessed for each key not returned and $25.00 for every building access fob not returned on the day the group checks out. The First Responders shall be held financially responsible for these charges which shall be added to the total bill. I. Mail. The United States Postal service does not deliver mail to front desks, rooms, or apartments of University housing for Occupants. J. Amenities. Hotel -type amenities such as televisions, radios, room telephones, and other amenities are not provided by University Housing. All facilities are air conditioned. Occupants may not alter the existing wiring for any of these services and must provide their own reception devices (e.g., cellular telephone, computer, television, etc.). K Behavior of Occupants. All Occupants are expected to abide by the University of Arkansas Housing policies and state and federal laws. Additionally, all Occupants are expected to adhere to all directives and guidance from the Governor of the State of Arkansas and the Arkansas Department of Health regarding the COVID-19 health crisis. Individuals will be immediately removed for possession or use of illegal substances, possession of and/or use of alcoholic beverages by minors, and/or destruction of property or disruptive behavior. 5 The Fayetteville campus of the University of Arkansas is smoke free, and smoking is prohibited on campus, including, but not limited to, the residence halls. University Housing reserves the right to remove an Occupant for non- compliance of any University Housing policy. In its sole discretion, the University may terminate this Agreement if any Occupant violates any University policies and/or any applicable federal and/or state laws or COVID-19 directives and guidance; provided, however, that the University will not terminate this Agreement without first providing the First Responders with notice of any such violations and providing the First Responders with a reasonable opportunity to address and correct such violations. Additionally, the University reserves the right and discretion, at all times, to revoke the residence hall and dining privileges of any Occupant at any time for violating any University policies and/or any applicable federal and/or state laws. L. Abandoned Property. Personal property left in rooms or storage areas after the Occupant checks out shall be deemed to have been abandoned. University Housing personnel will notify the First Responders of said items and give ten (10) business days for the Occupant to claim items. Items not claimed will be disposed of either by donation to a charitable organization or disposal to solid waste without recourse or liability to the University. M. Fire Safety. Evacuation of University buildings is mandatory when a fire alarm sounds. Sounding of false fire alarms or tampering with firefighting or safety equipment, including fire extinguishers, fire sprinklers and connecting pipes, EXIT signs and the alarm system is strictly prohibited. Those suspected of such offenses are subject to criminal prosecution and/or immediate removal from University Housing. First Responders may also be required to pay associated fines and/or damages. N. University Liability. The University does not assume any legal obligation to pay for the loss of or damage to any Occupant's personal property, or the First Responder's property, regardless of whether such loss or damage occurs in the University's building or on its grounds, prior to, during or subsequent to the period of this Agreement. The First Responders further agree to indemnify and hold the University and its Trustees, officials, representatives, and employees harmless from and against any and all claims, suits, liabilities, costs and expenses arising from or relating to the activities of the First Responders or any Occupants under this Agreement. This duty of indemnification, however, shall not apply to the negligent acts or omissions of the University or its employees or to any intentional acts of misconduct by the University and/or its employees. This provision shall survive the expiration or termination of this Agreement. IN O. Guidelines. The First Responders shall be responsible for ensuring that all Occupants are familiar with University Housing's general policies and rules. The University reserves the right to prohibit any item or activity deemed by the University to be harmful, inconsistent with the University's educational environment, or not in the best interest of the University or its guests after providing notice to the First Responders and the Occupants. 9. Governing Laws and Policies. This Agreement shall be governed by the laws of the State of Arkansas, without regard to its choice of law principles. Nothing contained in this Agreement shall be deemed or construed as a waiver of any immunities to suit available to the University or its Trustees, officials, representatives or employees. 10. Relationship of Parties. This Agreement shall not be construed to create a partnership, employer -employee, joint venture or agency relationship between the parties, and the parties shall remain independent at all times. 11. Integration and Modification. The Agreement contain the entire agreement and understanding between the parties and supersede all prior and contemporaneous oral and written agreements, understandings, inducements, promises, and conditions between the parties regarding their subject matter. The parties acknowledge and understand that all negotiations, terms, and agreements are contained herein and that the Agreement cannot be altered or modified unless such modification is in writing and executed by an authorized representative of each party. 12. Construction. The parties agree that the rule of construction that any ambiguity shall be construed against the drafting party shall not apply to any dispute arising under or relating to the Agreement. 13. Severability. In case one or more of the provisions contained in the Agreement should be held invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of such provision or provisions shall not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or thereby impaired. 14. Non -Assignment Provision. The First Responders shall not have the right to assign, sell convey, or otherwise transfer any rights or interests granted in the Agreement to any person or entity without the prior written consent of the University, and any unauthorized assignment, sale, conveyance, or transfer shall be null and void. 15. Covenants. The First Responders hereby covenant and agree as follows: A. The First Responders shall not occupy or use University Housing's facilities except as provided in the Agreement. 7 B. The First Responders shall comply with all legal requirements now existing or that may arise regarding the use and occupation of University Housing's facilities. C. The First Responders shall not cause or permit any Hazardous Material to be used, stored, or generated on, or transported to and from any of University Housing's facilities and/or UAF's campus. "Hazardous Material" shall mean, without limitation, those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in any applicable federal or state environmental law. D. No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked, or bolted while University Housing's facilities are in use or occupied. Moreover, all designated exit ways shall be maintained in such manner as to be visible at all times. E. Occupants shall keep any adjustable beds at the lowest setting (the level closest to the floor). If any such bed is not at the lowest setting upon the Occupant's arrival, Occupant will either adjust the bed to the lowest setting or request assistance in doing so. F. No collections, offerings or donations, whether for charity or otherwise, shall be solicited, made, attempted, or announced at any of University Housing's facilities or at any other location on UAF's campus. Additionally, the First Responders shall not be entitled to engage in any commercial sales of merchandise or other items on campus. G. The First Responders shall abide by and conform to all rules, regulations, and policies adopted or prescribed by the Board of Trustees of the University of Arkansas which are incorporated by reference herein. 16. Force Maieure. If any of University Housing's facilities are damaged or made unavailable from any cause whatsoever or if any other casualty or unforeseeable cause beyond the control of the University, including, without limitation, acts of God, acts of terrorism, fires, floods, epidemics or pandemics, quarantine restrictions, strikes, failure of public utilities, or unusually severe weather, prevents occupancy and use, or either, as authorized in the Agreement, the University is hereby released by the First Responders from any damages so caused thereby. 17. Notices. Except as otherwise permitted in the Agreement, any notice or communication required or permitted to be given hereunder shall be via email, return receipt requested, to each party's address as listed below: City of Fayetteville: Chief Brad Hardin bhardin(d), fayetteville-ar. gov N. University of Arkansas: Florence Johnson jfohnso(auark.edu Each party may designate another address or location to receive any notices by giving written notice to the other party. Any such notice sent pursuant to this provision shall be effective when received. Rejection or other refusal to accept shall not affect the validity or effectiveness of the notice given. 18. Taxes. The First Responders shall be solely responsible for all taxes of any kind assessed or imposed by any governmental authority against the University is connection with the Agreement; provided, however, that the First Responders and the University independently reserve the right to challenge the applicability of any taxes assessed against either of them. 19. DISCLAIMER OF WARRANTIES. PRIOR TO ENTERING INTO THIS AGREEMENT, THE UNIVERSITY PROVIDED THE FIRST RESPONDERS WITH AN OPPORTUNITY TO REVIEW AND INSPECT UNIVERSITY HOUSING'S FACILITIES TO DETERMINE THEIR SUITABILITY. ACCORDINGLY, THE FIRST RESPONDERS ACCEPT ALL OF THE UNIVERSITY HOUSING ACCOMMODATIONS "AS IS," AND THE UNIVERSITY AFFIRMATIVELY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE FIRST RESPONDERS ACKNOWLEDGE AND AGREE THAT ITS RIGHTS UNDER THE AGREEMENT ARE LIMITED TO THEIR EXPRESS TERMS. 20. LIMITATION OF LIABILITY. In the event of any claim or cause of action arising under the Agreement by the First Responders against the University, the First Responders acknowledge and agree that the sole forum and venue for any action against the University shall be in the Arkansas State Claims Commission. MOREOVER, WITH RESPECT TO ANY SUCH CLAIM OR CAUSE OF ACTION, THE FIRST RESPONDERS COVENANT AND AGREE THAT THE TOTAL SUM OF ANY DAMAGES AWARDED AGAINST THE UNIVERSITY IN ANY ACTION IN THE ARKANSAS STATE CLAIMS COMMISSION SHALL NOT EXCEED THE TOTAL SUM OF ALL FEES AND CHARGES ACTUALLY PAID BY THE FIRST RESPONDERS TO THE UNIVERSITY UNDER THE AGREEMENT. THE FIRST RESPONDERS ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCES, SHALL THE UNIVERSITY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND OR NATURE. X 21. Advice of Counsel. All parties acknowledge that they have consulted with competent, independent legal counsel of their choice or had the opportunity to do so prior to entering into the Agreement. 22. Time of the Essence. The parties agree that time is of the essence in performing the duties and obligations of this Agreement. 23. Survival. Notwithstanding any other provision of the Agreement, the First Responder's obligation to pay the all fees, charges, costs and expenses under the Agreement shall survive the termination or expiration of this Agreement. 24. Counterparts. The Agreement may be executed multiple counterparts. Each counterpart shall be deemed a duplicate original and all counterparts, when collected together, will constitute the original of the Agreement. A counterpart may be a full copy of the Agreement or a signature page from a full copy of the Agreement. The parties further agree that faxed and/or PDF copies of the signature pages shall be acceptable and make the Agreement binding. The parties agree that electronic signatures shall be accepted and binding. 25. Amendments. The parties agree that the Agreement may only be amended by a written instrument signed by an authorized representative of each party. 26. Medical Emergencies. The First Responders and their Occupants shall abide by the medical protocol established in Exhibit C and Exhibit D. The University reserves the right to take any appropriate actions if the First Responder fails to fulfill its obligations under this provision and charge the First Responder for any related costs and/or expense. Notwithstanding the foregoing, the University of Arkansas is not responsible for ensuring the health of individuals occupying University Housing facilities. 27. Signatures. The undersigned individuals represent that they are authorized to sign and bind the respective parties to this Agreement. 28. FEMA Compliance. In accordance with the Federal Emergence Management Agency requirements for the City of Fayetteville to ensure it is eligible to recover the costs associated with this contract, the Parties agrees as follows: A. Access to Records. 1) The University agrees to provide the City of Fayetteville, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the University which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2) The University agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 10 3) The University agrees to provide the FEMA Administrator or his/her authorized representatives access to any sites pertaining to this contract. 4) In compliance with the Disaster Recovery Act of 2018, the City of Fayetteville and the University acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. B. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The University will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. C. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, University, or any other party pertaining to any matter resulting from this contract. D. The University acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the University's actions pertaining to this contract. 11 IN WITNESS WHEREOF, the parties execute this Agreement on this day of April, 2020. APPROVED: APPROVED: BOARD OF TRUSTEES OF THE CITY OF FAYETTEVILLE UNIVERSITY OF ARKANSAS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE By: JOSEPH E. STEINMETZ Chancellor University of Arkansas, Fayetteville By: BRAD HARDIN Chief Fayetteville Fire Department 12 By: LIONELD JORDAN Mayor City of Fayetteville, Arkansas By: MIKE REYNOLDS Chief Fayetteville Police Department Exhibit A 13 Exhibit A — Campus Dining and Housing First Responders Program Campus Dining First Responders Program 1. Will need paper form or on-line survey completed by Responders regarding food allergies or intolerances 2. Will need First Responders mobile numbers 3. Group -Me or some other technology will be established for room occupants. Messages will be sent regarding menus and delivery times. 4. Options will include hot or cold items with drink and condiments. 5. Will stock rooms with flatware and napkins, salt and pepper. 6. Suggest Responders bring their own favorite condiments 7. Meals will be delivered three times per day. 8. Message will be sent about 5 minutes prior to delivery and then again after delivery University Housing First Responders Program 1. Individual arrives and parks in front of University Housing Office on Douglas Street 2. Calls housing main number to report they are out front 3. Package including key/fob, map, directions are placed outside in a container my housing staff 4. First Responder picks up the package and proceeds to Walton Hall 5. Parking should be in lot 22 — University Housing will provide a document for responders to put on the dashboard of their vehicle. Transit and Parking will be provided a copy of this document. 6. To check-out process is reversed Responder locks room when they leave Calls University Housing to report they are coming to drop off key/fob Key/fob is left in container outside University Housing staff retrieve key/fob Check-out is processed in StarRez Conference software 7. Nonbusiness hours and days will have a number to call and that person will respond In the Room Items 1. Two sets on linens 2. Five sets of towels, etc. 3. Trash can with stack of liners 4. Microfridge (small refrigerator with microwave on top — attempting to secure these from a vendor we work with that students use no update as of 4/6) 5. Small set of bathroom cleaning supplies and gloves (responder is not expected to scrub the bathroom — this is for just in case) 6. There is a bed, desk, chair, dresser and a place to hang clothes 14 7. Wi-Fi is available. Connect to the WiFi signal and then open a browser which asks for a generic email address (no password) 8. First responders will bring their "TO GO" bag with personal items such as toiletries, electronics, etc. Trash Pick Up 1. A trash bin will be placed outside of each room door 2. Responders will double bag trash, tie tightly and place in the bin outside the room door 3. Trash should be placed in the bin outside by gam on Monday and Thursday. Laundry 1. Allied Laundry Service will provide pick up/deliver of laundry at Walton 2. No charge for pickup or delivery 3. Rooms will be serviced twice a week 4. Allied Laundry Service will be escorted by University Housing staff member to maintain accurate records of service. Occupancy Reports 1. Housing can provide a daily report of who is in the building 2. The report can include date checked in and date checked out Contact Person 1. Jake Shaw, Assistant Director for Conferences (cell phone to be provided) 2. Billy Blount, Director for Administrative Services — back up (cell phone to be provided) Maintenance 1. Maintenance requirements will be corrected through University Housing 2. Problems should be reported to the Service Center (479-575-7005) Housekeeping 1. University Housing will clean all rooms before any responders arrive following normal guidelines and any CDC requirements 2. When a responder checks out University Housing will clean the room following normal guidelines and any CDC requirements after recommended number of days has past Decontamination 1. At the conclusion to use of the facility a third -party vendor will be hired to decontaminate the entire facility 15 Exhibit B 16 Exhibit B — Estimated Housing and Meal Costs Housing Costs Per Person Per Day Room Daily Laundry Decontamination* Linen Daily Total Daily Total:7 Total:14 Daily Da days days Iy $30 $4 $5 $11 $50 $349 $698 Notes: * Only rooms used and public areas associated with those rooms will be decontaminated. In an effort to control costs, rooms will be assigned by floor starting with the south wing of Walton Hall. Cost Breakdown Room $30 per night Linen $28 one-time charge per stay 20 lbs. per week/per person at $1.75 LB for Laundry $35 personal items Decontamination $76 one-time charge per stay ** **Based on current quote from Snyder Environmental Meals: $8.50 per meal $25.50 per day Tax not included 17 Exhibit C IN Exhibit C — Medical Evaluation for Isolated/Quarantined First Responders Daily evaluation shall be provided twice daily to all Occupants by Washington County Ambulance Authority (CEMS). The evaluation will consist o£ • Visual and verbal assessment • Current Temperature • Vitals • Any Changes • Medical condition • The CEMS crew shall maintain a bi-daily medical log (See addendum) • If the patient's condition deteriorates to the point they can no longer safely care for themselves, the patient will be provided the option to go to the hospital via private owned vehicle or ambulance transport 19 Exhibit D 20 Exhibit D — Sample Medical Screen/Evaluation Log for Employee Isolation/Quarantine Site Central EMS will complete a medical assessment at 0800 and 2000 hrs for each person at the site Sample Isolation Evaluation Log Name Date of Entry Today's Date Time Current Temperature BP Pulse Cough/Shortness of Breath (Y/N) SPO2 Any changes in severity of symptoms (Y/N) Improved (Y/N) Describe Changes Provider Signature 21 ARTICLE X - PEDAL CARRIAGES 117.120 - Definitions For the purpose of this article, the following words and terms have the meaning ascribed thereto: Driver. An individual at least twenty-one (21) years of age who operates a pedal carriage. Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to provide pedal carriage service in the city. Pedal carriage. A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or more wheels operated by one or more persons which transports or is held out to the public as available to transport passengers for hire, or for a gratuity, and is specifically designed and manufactured for that purpose. Pedal carriage service. The business of offering or providing transportation of persons for hire, or for a gratuity, in a pedal carriage, when: (1) A driver is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route or within a zone of operation by right. Pedal carriage driver's permit. A permit issued to an individual by the Chief of Police to operate a pedal carriage for hire in the city. Operate. To drive or be in actual physical control of a pedal carriage. Permittee. An individual who has been issued a pedal carriage driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two (2) or more persons having a common economic interest. Preapproved route. Pedal carriage service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the Police Department. 117.121 - Certificate Of Public Convenience And Necessity Required; Issuance Procedure (A) Certificate Needed For Operation. No person shall operate or permit a pedal carriage owned, leased or controlled by the person to be operated as a vehicle for hire upon the streets or trails of the city without having first obtained a Certificate of Public Convenience and Necessity from the Fayetteville City Council. (B) Information Required for Certificate. An application for a certificate shall be filed with the Police Department upon forms provided by the city, and said application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant, including the name and address of all officers and stockholders of the company, if incorporated, and the name, address and telephone number of the person to whom complaints should be directed; (2) The financial status of the applicant, including the financial status of the officers and stockholders of the company, if incorporated, including the amount of all unpaid judgments against the applicant (officers and stockholders of the company, if incorporated), and the nature of the transaction or acts giving rise to said judgments; (3) The experience of the applicant including all officers and stockholders of the company, if incorporated, in the transportation of passengers, especially as related to pedal carriages; (4) Any facts which the applicant believes tend to prove that Public Convenience and Necessity require the granting of a certificate; (5) The number of pedal carriages to be available for operation or controlled by the applicant and the location of proposed storage areas for the pedal carriages when not in active service. The applicant shall furnish a minimum and maximum number of requested vehicles to be permitted; (6) A complete description of each model or type of pedal carriage sought to be used to include length, width, brakes, any motor assist, year, make, model, rated capacity, lighting and safety features; (7) The hours between which the applicant proposes to provide pedal carriage service to the general public, and the dates, if any, on which the applicant does not propose to provide pedal carriage service to the general public, and; (8) The rate schedule which the applicant proposes to use to charge passengers or receive gratuities. (9) Any proposed preapproved route with scheduled and fixed pick-up and destination points and proposed fare for such pedal carriage service; (10) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter; (11) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and, (12) Such additional information as may be determined to be necessary to assist or promote the implementation or enforcement of this article, or the protection of the public safety. (C) Public Hearing for Certificate. When the Police Department notifies the City Clerk that a proper and adequate application has been filed, the City Clerk shall fix a time and place for a public hearing thereon. The City Clerk shall thereupon notify the applicant who shall have the duty to notify all holders of current and valid Certificates of Public Convenience and Necessity for taxicabs and pedal carriages and provide proof of such service to the City Council. Any interested person shall have the right either in person or by representatives of their own choosing, to be present at all such hearings and to introduce evidence and to be heard either in support of or opposition to the issuance of a certificate. (D) Findings of the City Council. (1) If the City Council finds that pedal carriage or further pedal carriage service is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this subchapter, then the City Clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance; otherwise, the application shall be denied. (2) The City Council shall deny any application in which the proposed hours of service, the proposed rate schedule or the gratuity request are found to be unreasonable to meet the public need. (3) In making the above findings, the City Council shall take into consideration the number of pedal carriages already in operation, the probable effect of increased service on local traffic conditions and traffic safety, and the character, experience, and responsibility of the applicant. 117.122 - Pedal Carriage Permitted Zone Of Operation And Preapproved Fixed Routes (A) Permitted Zone of Operation. Pedal carriages may only operate and carry passengers within the pedal carriage permitted zone of operation, as shown on the attached map as authorized by the City Council when granting a Certificate of Convenience and Necessity or on preapproved routes or for special events as authorized by the Transportation Services Director. Pedal carriages (without passengers) may be taken by licensed pedal carriage operators from a storage, repair, maintenance or cleaning area outside the pedal carriage permitted zone of operation into such zone or onto a preapproved route where operations may begin. The City Council may further restrict the hours and dates of operation in pedal carriage permitted zone of operation for any or all pedal carriage companies. (B) Route Approval. (1) All routes outside of the permitted zone of operation shall be approved by the Police Department. (2) Operators shall submit to the Police Department all requests for temporary changes in preapproved routes, or for participation in special events such as festivals, parades or weddings, not less than three (3) days before the effective date of the change or event. (C) No pedal carriage shall be operated in a location where such operation is not authorized by this ordinance or prohibited by the laws of the State of Arkansas or the Fayetteville City Code. (D) The operator of a pedal carriage shall maintain at least one (1) hand on the steering wheel at all times during movement of the pedal carriage. (E) No pedal carriage shall be operated on a street with posted speed limit of thirty-five (35) miles per hour or greater except for the purpose of crossing that street, unless authorized by the Police Department. (F) No pedal carriage shall be operated using a gas powered assist motor. 117.123 - Pedal Carriage Driver's Permit (A) Pedal Carriage Driver's Permit Required. No person shall operate a pedal carriage for hire or for a gratuity upon the streets of the city, and no person who owns or controls a pedal carriage shall permit it to be so operated, unless the driver of said vehicle shall have first obtained and shall have then in force a pedal carriage driver's permit issued under the provisions of this article. (B) Pedal Carriage Driver's Permit Application. (1) An application for a pedal carriage driver's permit shall be filed with the Fayetteville Police Department on forms provided by the city. Such application shall be verified under oath and shall contain the following information: (a) Valid current Arkansas Driver's license; (b) The names and addresses of four (4) residents of the county, who have known the applicant for a period of one (1) year and who will vouch for the sobriety, honesty, and general good character of the applicant; (c) A concise history of the applicant's employment; and (d) Proof of existing employment or a promise of employment when a pedal carriage driver's permit is issued with the pedal carriage company that has a valid Certificate of Public Convenience and Necessity. (C) Police Background Check. The Police Department shall conduct an background check of each applicant for a pedal carriage driver's permit, and a report of such background check with a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Chief of Police. (D) Issuance of Permit. The Chief of Police or designee shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the City Council to offer evidence why his/her application should be reconsidered. (E) Form and Term of Permit. (1) Upon approval of an application for a pedal carriage driver's permit, the Chief of Police or designee shall issue a permit to the applicant for an issuance fee of $35.00, which shall bear the name, address, age, signature, and photograph of the applicant. (2) The pedal carriage driver's permit shall remain in effect unless suspended or revoked until January 31, the following year. The pedal carriage driver's permit may be reissued for another year for a reissuance fee of $35.00 by the Chief of Police or designee after ensuring the applicant continues to meet all requirements of this section. (F) Application Returned to Pedal Carriage Company. When a driver's permit is issued, the application and supporting information shall be returned to the holder of the Certificate of Public Convenience and Necessity to be held by the certificate holder so long as the driver is employed by the certificate holder. 117.124 - Display Of Permit Every permittee under this article shall post his or her driver's permit in such a place as to be in full view of all passengers while the driver is operating a pedal carriage. 117.125 - Suspension, Revocation Of Permit The Chief of Police or Assistant Chief is given the authority to suspend any pedal carriage driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article, such suspension to last for a period of not more than ten (10) days. The Chief of Police or Assistant Chief is also given authority to revoke any driver's permit for failure to comply with the provisions of this article of for the violation of any local, state or federal law. However, a permit may not be suspended or revoked unless the driver has received notice and has had an opportunity to present evidence in his or her behalf. 117.126 - Insurance Requirements (A) A holder shall procure and keep in full force and effect commercial general liability insurance written by an insurance company approved by the State of Arkansas and acceptable to the city and issued in the standard form approved by the State Board of Insurance. All provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city as additional insured and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a pedal carriage service by the holder. (B) The commercial general liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one million dollars ($1,000,000.00) for each occurrence and $5,000,000.00 aggregate, and shall include coverage for premises operations, independent contractors, products, completed operations, personal injury, and contractual liability. (C) Insurance required under this section must include: (1) A cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or making a material change to the insurance policy; and, (2) A provision to cover all pedal carriages, whether owned or not by the holder if operated under the holder's Certificate of Public Convenience and Necessity. (D) No insurance required by this section may be obtained from an assigned risk pool. (E) A Certificate of Public Convenience and Necessity will not be granted and renewed unless the applicant or holder furnishes the city with such proof of insurance as the city considers necessary to determine whether the applicant or holder is adequately insured under this section. (F) If the insurance of the holder lapses or is canceled and new insurance is not obtained, the Certificate of Public Convenience and necessity shall be suspended until insurance coverage required by this section has been obtained. A person shall not operate a pedal carriage service while the certificate is suspended under this section. (G) The holder shall provide adequate employer's liability insurance for the employees as provided by law. 117.127 - Conduct Of Drivers Drivers shall at all times: (A) Act in a reasonable, prudent, and courteous manner, including with disorderly passengers; (B) Maintain a sanitary and well-groomed appearance; (C) Not inhale or consume any alcoholic beverage, drug, or other substance that could adversely affect his or her ability to operate a pedal carriage; (D) Not permit a person other than another employee of the pedal carriage service with a valid pedal carriage driver's permit to operate a pedal carriage under his or her control; (E) Not permit any person to ride on a place not intended for passengers of the pedal carriage. (F) Ensure compliance with the City's noise ordinance. (G) Follow all applicable traffic regulations, whether in the City of Fayetteville Code of Ordinance or in Arkansas law, and shall not stop to load or unload passengers in the intersections of any streets, in any crosswalk, or in any manner or location that would impede the flow of traffic or be considered unsafe. 117.128 - Pedal Carriage Equipment; Inspection (A) Inspection and Maintenance. Each pedal carriage shall comply with all the safety requirements imposed by all state, federal or local laws. Each pedal carriage shall submit to an annual inspection for compliance with the requirements of this article. The inspection shall be performed by the Transportation Services Department. The fee for inspection shall be $50.00 per pedal carriage inspected. No certificate shall be issued or continued in operation unless the holder thereof provides proof of annual pedal carriage inspection for each pedal carriage in service. (B) Required Equipment. A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each pedal carriage: (1) Headlight; (2) Taillights; (3) Lights or reflectors on the front and rear corners of the passenger compartment; (4) Approved braking system, which shall include hydraulic or mechanical disc or drum brakes, or other type of brakes that are unaffected by rain or wet conditions, as well as a secondary braking system; (5) Pneumatic tires that conform with the manufacturer's specifications on all wheels with adequate tread depth; (6) Evidence of insurance and city map; (7) Mirror; (8) No exposed rust, ripped upholstery or fabric, visible chips or scratches on any painted surface, exposed wood that is not painted and in good condition, or dirt or debris on any surface accessible to passengers. (9) Rate card complying with their Certificate of Convenience and Necessity and this code posted in clear view of passengers; (10) Child safety helmet available for passenger use; (11) Sound -warning device; (12) The identification number assigned by the Fayetteville Police Department for the pedal carriage and telephone number of the pedal carriage company shall be displayed on the rear of the pedal carriage with numerals no smaller than 2 inches in height and 1 inch in width. 117.129 — Rate Schedules The holder shall maintain a current rate schedule on file with the Police Department and shall not advertise or charge any rate or fee other than the amount on file. 117.130 - Transfer Of Certificate No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Council. 117.131 - License Fees No certificate shall be issued unless the applicant has paid a license fee of $100.00 to offset the administrative costs to issue a Certificate of Public Convenience and Necessity. 117.132 - Suspension, Revocation, And Cancellation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Fayetteville City Council if the holder thereof has: (1) Violated any of the provisions of this article; (2) Violated any ordinances of the city, or the laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (B) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (C) If any holder of a certificate goes out of business, fails to operate under the certificate for one (1) calendar year, fails to have any vehicle inspected to operate under the certificate for one (1) calendar year or fails to have any driver or operator properly permitted under the certificate for one (1) calendar year, the holder's Certificate of Public Convenience and Necessity shall be deemed abandoned and shall be denoted as cancelled and invalid by the City Clerk. 117.133 - Number Of Passengers In Pedal Carriages Limited Pedal carriage drivers must ensure that the manufacturer rated carrying capacity of their pedal carriages is never exceeded. 117.134 - Pedal Carriages May Not Use Public Sidewalks, Trails, or Closed Streets Pedal carriages may not operate on or park on public sidewalks in Fayetteville. Pedal carriages must pay a full normal parking space fee when stopped for more than one (1) minute or parked within a paid parking space. Pedal carriages shall not be operated on any trails in the city or on any closed street. 117.135 - A.D.A. Compliance Holders shall comply with all applicable provisions of the Americans with Disabilities Act. 117.136 — Accidents All accidents arising from or in connection with the operation of a pedal carriage shall be immediately reported to the Police Department if the accident results in death or bodily injury to any person or damage to any vehicle or property in an amount exceeding five hundred dollars ($500.00). Any other accident shall be reported to the Police Department within seventy-two hours from the time of the accident occurrence. Agenda Session Walk On 4/14/20 Legistar ID No.: 2020-0329 AGENDA REQUEST FORM FOR: Council Meeting of April 21, 2020 FROM: Mayor Lioneld Jordan and City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS GRANTED TO MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020 UNTIL JUNE 2, 2020 APPROVED FOR AGENDA: Mayor yf /3 U ate L/ -iI -moo City Attorney Kit Williams Date o= pnrfire � d r r II «r= HRA"AN51•S 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6292 File Number: 2020-0249 TEMPORARY EXTRAORDINARY POWERS: AN ORDINANCE TO GRANT THE MAYOR TEMPORARY EXTRAORDINARY POWERS TO PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND TO PASS AN EMERGENCY CLAUSE WHEREAS, "municipal corporations shall have the power to make. ordinances which as to them, shall seem necessary to provide for the safety, preserve the health of such corporations and the inhabitants thereof." (A.C.A. §14-55-102 Purposes generally); and WHEREAS, the Covid-19 virus presents a grave and growing danger to the health of our citizens and residents so that the City Council should empower Mayor Jordan to take needed measures as recommended by the Center for Disease Control (CDC), the Arkansas Department of Health, or other recognized scientific and health authorities to slow the spread of this pandemic; and WHEREAS, these extraordinary powers shall include prohibiting the gathering of more than fifty persons, possibly requiring restaurant and bar owners to check each guest prior to admission into their establishment to ensure they do not have a fever associated with Covid-19, and other powers. 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 enacts the following: EMERGENCY RESPONSE TO COVID-19 VIRUS PANDEMIC BY GRANTING NEW, TEMPORARY POWERS TO MAYOR JORDAN TO PRESERVE THE HEALTH OF FAYETTEVILLE RESIDENTS. Page 1 Printed on 3117120 File Number 2020-0249 Ordinance 6292 WHEREAS, the City of Fayetteville's most important duty is the preserve the health and safety of its citizens and other inhabitants; and WHEREAS, the Covid-19 Pandemic now presents a grave threat of illness and death to every American and every Fayetteville resident; and WHEREAS, the City Council has determined that Fayetteville's public health and safety require that the City Council place extraordinary powers within the Mayor's authority to better protect our citizens during this pandemic emergency. IT IS THEREFORE AGREED AND ENACTED that Mayor Jordan shall have the following powers and duties during the first phase of Fayetteville's efforts to protect its citizens beginning immediately upon the passage and enactment of this ordinance and emergency clause and ending (unless renewed by City Council Resolution) on April 29, 2020. (1) Mayor Jordan may regulate or prohibit the gathering of residents in public or private places serving the public (restaurants and bars). (2) Mayor Jordan may locally enforce recommendations from the Center of Disease Control (CDC), Arkansas Department of Health and other recognized scientific or health authorities with regulations or prohibitions of activities that could increase spreading of the Covid-19 Pandemic. (3) Mayor Jordan may take other necessary actions to promote and preserve the health and safety of our citizens and residents. (4) All regulations and actions taken by Mayor Jordan pursuant to this ordinance during this emergency shall have the full force of law and shall be interpreted and enforced pursuant to Chapter 10: General Provisions of the Fayetteville Code. Section 2: Emergency Clause The Fayetteville City Council recognizes that Fayetteville and its citizens are under dire threat from the Covid-19 Pandemic and that our citizens' health and safety require that this ordinance granting the Mayor extraordinary temporary powers to protect our citizens constitutes an emergency such that this ordinance must and will go into full force and effect immediately upon is passage and approval. PASSED and APPROVED on 3/16/2020 Page 2 Printed on 3117120 File Number. 2020-0249 Ordinance 6292 Attest: Kara Paxton, City Clerk Treasurer Page 3 Printed on 3/17/20 AGENDA SESSION WALK ON 4/14/20 Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2020-0319 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/9/2020 COMMUNITY RESOURCES (642) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an amendment to the GY2019 Community Development Block Grant (CDBG) Action Plan to reflect CARES Act supplemental CDBG funding and approval of authority for the Mayor to execute the Amendment upon receipt and for all transactions related to distribution of the additional funds. Staff also recommends approval to submit a budget adjustment recognizing CARES Act supplemental CDBG funding and allocation of funds upon receipt of funds and guidance from HUD. Budget Impact: 2180 - CDBG Account Number Fund NA NA Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? I01r No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 436,285.00 $ 436,285.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff ; FROM: Yolanda Fields, Community Reso s Director DATE: April 9, 2020 CITY COUNCIL MEMO SUBJECT: Approval of Amendment to the CDBG GY2019 Action Plan and Authority for Mayor to Execute Agreement. RECOMMENDATION: Staff recommends approval of an amendment to the GY2019 Community Development Block Grant (CDBG) Action Plan to reflect CARES Act supplemental CDBG funding and approval of authority for the Mayor to execute the Amendment upon receipt and for all transactions related to distribution of the additional funds. Staff also recommends approval to submit a budget adjustment recognizing CARES Act supplemental CDBG funding and allocation of funds upon receipt of funds and guidance from HUD. BACKGROUND: Fayetteville has been a CDBG Entitlement City for more than 40 years. The CARES Act includes supplemental CDBG funding which requires an amendment to the GY2019 Action Plan. DISCUSSION: The City of Fayetteville CARES Act supplemental CDBG funding award is $436,285 Approval of the Mayor's authority to execute the Amendment upon receipt will expedite the release of funds Approval for all transactions related to distribution of funds and to submit a budget adjustment recognizing the funds upon receipt of funds and guidance from HUD will allow for funds to begin assisting the community in a timely manner as the CARES Act intends. BUDGET/STAFF IMPACT: CARES Act supplemental CDBG funding - $436,285. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 April 21, 2020 City Council Meeting Minutes April 21, 2020 Page 1 of 22 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 21, 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 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 Recognitions: 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 Kara Paxton, Chief of Staff Susan Norton, 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 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 2 of 22 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, joining the Zoom conference by smartphone, tablet or computer. Instructions are shown onscreen. 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. When recognized, please state your name and address for the record. Each speaker is allowed five minutes to comment, which staff will monitor. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: Amend Ordinance No. 6292: An ordinance to amend Ordinance No. 6292 which granted the Mayor temporary extraordinary powers to provide for the safety and health of Fayetteville inhabitants and to pass an emergency clause. Council Member Smith moved to add the ordinance to the agenda. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith gave a brief description of the ordinance. He spoke about ensuring good government oversights. He spoke about citizens having the opportunity for comments on policies that could be long lasting. He spoke about the Council having shared responsibilities in the policies that the Mayor passes. Council Member Gutierrez: It will allow us to reject one policy at a time and then have public input per policy. I feel that is opposite of the whole emergency decision we are allowing the Mayor to make in a state of emergency. I understand wanting to have a shared responsibility, but I feel this will slow things down. What would be the process? Council Member Smith: When the Mayor implements a new policy under the extraordinary powers ordinance, he can enforce those immediately, up until the next Council meeting. This would give us a chance at the next Council meeting to decide if something was out of line and give Council an opportunity to roll things back one policy at a time without rejecting the whole package. Council Member Bunch: I agree with Council Member Gutierrez. What if someone disputes one of the issues? Do we call a special session or bring it up at the next session? City Attorney Kit Williams: Assuming you pass this tonight, you will have approved the five policies that I read. If someone doesn't like one of the policies, they can move to amend it and remove the policy. At that point, it would be only the new policies the Mayor would issue before 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 3 of 22 the next meeting. If the Mayor issues any policies, we will a prepare a resolution for that one policy. It will be a resolution specifically for that one policy. It'll be up to the City Council if they want to accept or reject it. I don't think it will be very complicated. It will be just whatever policy, if any, that the Mayor might issue between now and the next City Council meeting. Council Member Turk: If we rejected Council Member Smith's resolution and extended the Mayor's emergency authority for another month, if he made another declaration and the City Council did not agree with that, could we at the next meeting rescind that emergency power or have some other mechanism to disagree with what he may have done? City Attorney Kit Williams: The City Council can always pass an ordinance to undo a previous ordinance. If there is some disagreement with how the Mayor had been using his temporary emergency powers, then you could request an ordinance be drafted to repeal those emergency powers with the policy you disagreed with. An ordinance is a little bit more difficult to pass than a resolution. There was no automatic way to either approve or reject these. That is what Council Member Smith's ordinance would do. His ordinance would say that if the Mayor issued any new policy based upon his extraordinary powers, there would be a resolution as a first item of New Business with Council approving or rejecting it. You can still do that with an ordinance. You don't have to have this for Council to maintain control of its inherent powers. Council Member Smith: Under this change, we would be approving the Mayor's actions by resolution, which would only need a simple majority and could go on Consent. It could be discussed at Agenda Session depending on the timing. Bringing forth a new ordinance to roll back something if you wanted to do that on one night would require suspension of the rules, multiple votes and would need six votes. Council Member Gutierrez: We would go to the next meeting and read all the policies that were enacted by the Mayor. If we didn't agree with one of them, we could remove one of the policies and then we would all vote on that one. That's why it is a resolution because we can take care of it at that one moment. Is that correct? City Attorney Kit Williams: No, that is not correct. If you look under Subsection 6, it says that the resolution would be to approve or reject any or all Mayoral policies not previously approved by the City Council. If you pass this ordinance without an amendment, you will be approving the five policies I just read to you. It would only be new policies that would be coming before you. Council Member Gutierrez: The future new ones, we could reject one out of seven? City Attorney Kit Williams: Yes. If he issues three new policies, you could approve or reject each one. Those will not be done in blanket. Mayor Jordan: Council, if you all want to pass this, I have no problems with this. Whatever I pass, I will be more than happy to bring back to you in two weeks and you can discuss it. I try to be as transparent as I can. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 4 of 22 Council Member Gutierrez stated her appreciation to Council Member Smith for his work. She appreciated Mayor Jordan's comments because the whole purpose was to give him the ability to make a decision. She stated she likes the idea of reviewing the policies and believes she might support it. Mayor Jordan: I don't have any problems with this at all. Council Member Scroggin: I plan to vote against this. If we had a different Mayor, then we might look at this differently. Mayor Jordan has been in office longer than I have been in Fayetteville. I have complete trust in him. We don't need this. Council Member Marsh: I have complete trust in our Mayor, but we are setting a precedent for future actions and that is why it's important to have some oversight. I'm happy to go through and approve everything the Mayor does during this time, but having balance of power is important. I plan to support this. Council Member Bunch: If a future administration deals with this, does this set the precedent that it has to be done the same way? City Attorney Kit Williams: It is always up to the future City Council to do exactly what they want. They don't have to follow what you did. Council Member Bunch: I have a lot of faith in our Mayor. He doesn't want to have to make some of these decisions he's having to make. I am not in favor of this and it could slow down the process. Council Member Kinion: I will not be supporting this. We talk about setting precedents for the future. In the future is when we have to review this to see if it's appropriate at that time. Currently, I'm happy with the situation without adding another layer to it. We are looking at this administration at this time with this environment that we are faced with. Council Member Smith: Regarding precedence, there is no legal requirement that a future Council follow our exact footsteps in the event of a different Mayor. I believe our current Mayor is doing a fantastic job and I have no qualms about letting him continue doing that. The way we handle the situation isn't just about setting a precedent for a future administration. It's also about advising a future Council in how they may handle a future situation. While they will be free to do their own thing, I hope we all learn from history. This is our opportunity to make sure we are operating good government, maintaining the appropriate separations, and giving our citizens as many guardians of their public trust as we can. Council Member Turk: The Mayor has been doing a terrific job. I see this as being unnecessary. I will not be supporting this. Council Member Smith, I appreciate your thoughtfulness and advocacy for more oversight. Council Member Smith: I don't want this to come up on the agenda in two weeks and would like to give it an up or down vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 5 of 22 Council Member Smith moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez: I feel the whole purpose of the emergency clause is to make things as streamlined as possible and hate that this would potentially put any kind of blocks on that. This is a tough one for me because I do also want us to be able to review things. In the end, this is an emergency about health and safety. I trust that the Mayor will make those decisions. I will not be supporting this. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan: I can do this any way you want. I will make sure that any policies I decide to implement, you will be given a copy of the policy. I will make sure you have it to review. If you don't agree with me, I don't have a problem with that. I am making the best decisions I know how to make for the health and safety of our citizens. If you don't agree with me, we can look at it again and you can contact the Chief of Staff or City Attorney. We want to be as open and transparent as we possible we can. Council Member Smith: Thank you, Mayor. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-6. Council Members Smith and Marsh voting yes. Council Members Gutierrez, Kinion, Petty, Scroggin, Bunch, and Turk voting no. This ordinance failed. Consent: Approval of the April 7, 2020 City Council meeting minutes. Approved Bid #20-32 Thorpe Plant Services, Inc.: A resolution to award Bid #20-32 and authorize the purchase of a chemical storage tank from Thorpe Plant Services, Inc. in the amount of $41,974.00 plus applicable taxes and freight charges for use at the Noland Water Resource Recovery Facility. Resolution 116-20 as recorded in the office of the City Clerk Recreational Trails Program Grant Funds — Lake Fayetteville: A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid recreational trails 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 6 of 22 program grant funds in the amount of $440,000.00 for the reconstruction and improvement to the section of the Lake Fayetteville shared -use paved trail across the dam, and to approve a city match of $110,000.00 for the project. Resolution 117-20 as recorded in the office of the City Clerk Arkansas Department of Transportation — Transportation Alternatives Program Grant: A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid Arkansas Department of Transportation - Transportation Alternatives Program Grant funds in the amount of $500,000.00 for the construction of the Clabber Creek Trail Tunnel under Garland Avenue at Van Asche Drive, and to approve a city match of $125,000.00 for the project. Resolution 118-20 as recorded in the office of the City Clerk Housing Success Program: A resolution to approve a budget adjustment in the total amount of $25,000.00 recognizing funding for the Housing Success Program from the Endeavor Foundation. Resolution 119-20 as recorded in the office of the City Clerk Walton Family Foundation: A resolution to authorize an application for a 50150 matching grant from the Walton Family Foundation in the amount of $3,000,000.00 for the reconstruction of Maple Street from Razorback Regional Greenway to Garland Avenue. Resolution 120-20 as recorded in the office of the City Clerk University of Arkansas Memorandum of Understanding: A resolution to approve a Memorandum of Understanding with the University of Arkansas to provide housing to Fayetteville Fire and Police Department personnel who need to quarantine. Resolution 121-20 as recorded in the office of the City Clerk Council Member Scroggin moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Enact Article X Pedal Carriages: An ordinance to Enact Article X Pedal Carriages into Chapter 117: Vehicle -Related Businesses. At the March 16, 2020 Special City Council meeting this ordinance was tabled. At the April 7, 2020 City Council Meeting this item was left of the first reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 7 of 22 Devin Howland, Director of Economic Vitality stated staff is asking for an amendment to the ordinance that will make two changes. He stated the changes come as a request from the Fayetteville Police Department and himself. He stated in 117.123 (C), it would change the current word from investigation to background check to be consistent with code. He stated the second change is that it deletes 117.123 (B) (1) (d), which is proof of training and use of an operation of a pedal carriage pursuant to curriculum approval of the Police Chief. He stated he would like to add that when they looked at not only Police Department approving curriculum, but training programs are company specific. He stated if an applicant goes through a franchise, research indicates they will receive that. He stated he doesn't feel that it diminishes the safety, but it could have the unintended consequence where you have an entrepreneur start their own company and those training programs are not something that are broadly available to members of the public. City Attorney Kit Williams: The City Council should grant the amendment as described by Devin Howland. Council Member Turk: If you have an entrepreneur that starts up their own company and have no training at all, that seems to be a safety risk. Have you thought about that? Devin Howland: The ordinance has a lot of safety provisions built into it. It was developed by accessing other municipalities that have had a similar ordinance, many of which 21 years of age. They have to have a driver's license. For an operator to be issued a Certificate of Public Necessity, they will have to come back before Council and go through the Police Department. Council Member Turk: You and the Police Chief feel that with those added requirements, this will be covered? When it comes before the Council, we can ask these questions as well. The second amendment is to make sure this didn't hold up a legitimate operation by having to have it reviewed by the Police Department. Is that accurate? Devin Howland: I will defer to Police Chief Reynolds. It was also mainly looking at getting rid of the point of our Police Chief having to approve curriculum. Mike Reynolds, Police Chief. Trying to find the curriculum for a pedal carriage that you can do training on for my department and not having the expertise in that field was the biggest issue for us. We are trying to make this mirror with our taxicab ordinance. When I reviewed this, the two issues I had was the curriculum and the background investigation. We want the wording to be similar and do a background check. When I looked at the requirements for the background check with a valid driver's license, name of the four individuals that can vouch for a character reference, along with the valid Certificate of Public Conveyance, I felt comfortable with our ability to look at the applicant's background and provide a recommendation. Council Member Smith: What kind of driver's license would someone need to drive one of these? Do they need a CDL? Mike Reynolds: No, a CDL would not be required. The ordinance would require a valid driver's license. The applicant would have to be free and clear of any alcohol incidents for a year. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 8 of 22 Council Member Gutierrez moved to amend the ordinance by changing the wording in 117.123 (C) and deleting 117.123 (B) (1) (d) as described by Devin Howland. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Gutierrez: Is there a limit on the amount of pedal carriages that can be in operation at any one time? Devin Howland: That is set by the City Council as you feel are necessary to serve the public, just like taxi cabs. Mayor Jordan: Chief, is that correct? Mike Reynolds: Yes, just like a taxicab ordinance. The Police Department would bring the applicant forward and it would be a Public Hearing. City Council and the Mayor would make the decision as to how many pedal carriage companies are going to operate in the City of Fayetteville. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He stated staff is recommending approval. Amber Sinclair, Entrepreneur at 729 West Beck thanked Devin Howland and Assistant City Attorney, Blake Pennington for working on the ordinance. She spoke in favor of the ordinance and believes it will be a great asset to bring to Fayetteville. 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 thanked Devin and Blake for their work on the ordinance. He stated he looks forward to this and believes it will be a great addition to the city. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6300 as Recorded in the office of the City Clerk RZN 20-6984 (2160 N. Crossover Rd./Salmon-Klinger): An ordinance to rezone that property described in rezoning petition RZN 20-6984 for approximately 2.8 acres located at 2160 North Crossover Road from C-1, Neighborhood Commercial and R-O, Residential Office to CS, Community Services, and from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services General. At the April 7, 2020 City Council Meeting this item was left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 9 of 22 City Attorney Kit Williams: This was amended at the last meeting, but not in exact wording. I would like to read the body. The Exhibits had to be changed after the motion that was approved at the last meeting by the City Council. Now the entire amount of property is in there and there's no longer that gap. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated they did change the map Exhibit and did a new legal description to include the area of the amendment from the City Council meeting two weeks ago. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6301 as Recorded in the office of the City Clerk Public Hearing: Zion Road Construction Project Condemnation and Possession: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Tracy Gaddy -Mayes needed for the Zion Road Construction Project. Chris Brown, City Engineer gave a brief description of the resolution. He stated he feels they are close to negotiating a settlement and may not need to use this authorization to move forward with filing the condemnation paperwork. Tracy Gaddy -Mayes, Owner spoke about trees being removed, reducing her yard, and starting a business in her home. She requested to know what she is going to do with cars pulling in and out. City Attorney Kit Williams: Even though we will get authority to do a condemnation case if we have too, we still want to negotiate with you and try to get as good a settlement for everybody as we can. We will listen to your concerns and do everything we can to resolve this without having to go to court. That is not our goal, but the project will need to move forward and if we can't get an agreement, we will have to get an immediate order of possession and then let the jury decide if necessary, what the actual monetary cost will be. Out first goal is to try and settle this with you. We will continue to work with you through my office as well as the City Engineer. We will be speaking to you about this in the future. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 10 of 22 Tracy Gaddy -Mayes: You are threatening condemnation with me? You are going to condemn my property that I have possession of. You are going to take out my whole front yard and all the shade it provides. It will raise my electricity bills. Council Member Smith: As I look at the maps and surrounding area, the property lines up to the right-of-way is kind of saw-toothed through there. I know you all have been working hard to get acquisition on lots of properties. Is that reflected in our maps? Chris Brown spoke about the map to give a point of reference. He stated they had been working on the project for multiple years because it was a previous bond project. He stated the curve is being flattened because it is a sharp curve. He stated unfortunately on Tracy Gaddy -Mayes property is that the curve is flattening across and coming into the yard a little. He spoke about the right-of-way. He stated there are some trees in the front yard that are impacted. He stated the alignment of the road is necessary to flatten the curve and make for a safer transition down the hill. Council Member Smith: When you take this into account with whatever you got across the street or will get across the street, what is the total right-of-way you are shooting for? Chris Brown: It's variable. We have 35 feet, so we've probably got about 70 feet of right -of way typically in this area. Council Member Smith: It's about a 58-foot cross section. Chris Brown: This is kind of a transition section. The previous section is quite a bit wider. We are starting to transition down in that area. There's a little bit more right-of-way necessary across this property because of the way of the transition, curve, and connecting the old and new layouts we had from the previous version of the plans. Council Member Scroggin: How much of a driveway will she have left? Chris Brown: I don't have specific numbers. One of the sticking points that we haven't quite worked out is we were going to add some turnaround on the driveway to allow her to have more space. It would widen the driveway on the property because she is losing some driveway length. We have been trying to negotiate to make sure she can still operate the way she would like on the property. Council Member Scroggin: Is there a current business there? Chris Brown: I don't know. Council Member Scroggin: Can we table this for two weeks to get some of these questions answered? Chris Brown: Two weeks would be adequate if you would like some more information. We can work on this Exhibit to add the actual right-of-way, show additional dimensions, and show some proposed driveway amendments. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 11 of 22 Council Member Scroggin: I support tabling this for two weeks. Council Member Gutierrez: In the negotiations have you spoken about if we take certain trees off, are trees being replaced and could that be part of the visuals next week? Chris Brown: We intend to place trees in the green space along the roadway. We typically negotiate the value of the trees and pay the property owner for lost trees. That allows them to replant trees however they would like or just take the cash and do other things they want to do. It keeps us out of having to plant trees on private property and then maintain them. I can give you more detail and amounts about previous negotiations if you would like. Council Member Gutierrez: That would be great. This way we could understand how many trees are going to be taken out. There was a brief discussion about the map drawings. Council Member Smith: On your survey exhibit, it doesn't have the house for context. It makes it hard to know exactly where those lines are when you compare it to a satellite image. For the broader project context, there is also a large notch of right-of-way that is not complete or as a wide as everything else diagonally across the street to the northeast. I would like to know where that is in your process and if that's something you are still working on or if you've already got what you want up there. Chris Brown: What you are seeing is right-of-way from our GIS Department. That is existing right-of-way. It may not be updated to show rights -of -way that we have acquired as part of this project. We will show the proposed right-of-way once we get everything acquired. Council Member Scroggin moved to table the resolution. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the May 5, 2020 City Council Meeting. New Business: Extend Extraordinary Powers: A resolution to extend the temporary, extraordinary powers granted to Mayor Jordan in Ordinance #6292 from April 29, 2020 until June 2, 2020. City Attorney Kit Williams: Mayor, with your authority I've brought this to the City Council. There is a clause in Ordinance 6292 that would terminate the extraordinary powers on April 29, 2020 unless by resolution the City Council extends them. This would be the resolution you could use to extend the powers that you granted to Mayor Jordan until June 2, 2020. Mayor Jordan: Council, we said until June 2, 2020. If this thing starts to decrease before then, I will come back and end the extraordinary powers. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 12 of 22 Council Member Smith: I have already explained my thoughts on the policy. I am concerned this is something that we will be back on June 2, 2020 to extend for another month or potentially longer. I don't want a "no" vote on what I think is an overextended policy to in any way reflect a lack of confidence in the Mayor. I can't imagine a better person to be leading us through this. I disagree with continuing this now that we do have a functioning process back in place. Mayor Jordan: Thank you, Council Member Smith. Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-1. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Smith voting no. Resolution 122-20 as recorded in the office of the City Clerk Amend Resolution 33-20: A resolution to amend Resolution 33-20 to reduce the amount of reappropriations to the 2020 budget by $4,608,000.00, and to approve a budget adjustment. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Council Member Gutierrez moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 123-20 as recorded in the office of the City Clerk Hawkins -Weir, Engineers, Inc. Amend 1 - Bond Project: A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in the amount of $46,680.00 for additional conceptual drainage design services associated with the project to alleviate flooding near the North College Avenue and East Sunbridge Drive Intersection associated, and to approve a budget adjustment - 2019 Drainage Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. Mayor Jordan: I get calls when we have a lot of rain, particularly in the Spring and sometimes in the Fall. It floods bad. This is an area that I'm thrilled we are getting fixed. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 124-20 as recorded in the office of the City Clerk Craft Bearing Company, Inc.: An ordinance to waive competitive bidding and approve the emergency purchase of two replacement bearings for the thermal dryer from Craft Bearing 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 13 of 22 Company, Inc. for the biosolids management site in the total amount of $36,505.60 plus applicable taxes and freight charges. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated it was presented to the Water & Sewer Committee. Council Member Marsh 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. Council Member Scroggin 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 6302 as Recorded in the office of the City Clerk RZN 20-7014 (1324 W. Mt. Comfort Rd./Tillman B, LLC.): An ordinance to rezone that property described in rezoning petition RZN 20-7014 for approximately 0.27 acres located at 1324 West Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission recommended approval of the RI-U zoning. He stated staff recommends denial, but would support RSF-8. Blake Jorgensen, Applicant stated the property is an odd lot that has frontage on both streets. He stated the main objective is to get a zoning that would allow a lot split. He stated currently under RSF-4 it would not meet the minimum lot width or lot square footage. He stated the options were to go to the Board of Adjustments or go for a rezoning. He stated the RI-U seemed to be optimal to both sides of the frontage on Hendricks and Mount Comfort. He stated staff supported RI-U on Mount Comfort, but was hesitant on Hendricks. He stated he is intrigued by the RI-U and it follows a pattern of zonings that the Council has passed. He believes the request meets the 2040 Goals of the city. Council Member Turk: My understanding is if you are able to get the RI-U zoning designation, you will be able to increase your density to four unrelated people per house, as opposed to the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 14 of 22 RSF-8, which only allows three unrelated people to share a house. Is that part of the reason why you are advocating for RI-U? Blake Jorgensen: That was part of my dialogue with Planning Commission. The reality is I want to build a four -bedroom home. I don't want to discriminate who I rent to. It could be a single family that has kids going to school, but if some college kids did want to occupy the space, I didn't want to reject them based on the limitations. That goes for all my properties. You are seeing this all over town where residences are occupied by college students that may be unrelated. I simply by -right want that opportunity so that I don't have to discriminate. Council Member Kinion: Just because it goes on all the time, doesn't make it right. It impacts the quality of the established neighborhood. The neighbors I've heard from feel like this is an unsupervised dormitory and this is what we see in a lot of established neighborhoods. I could not support this in a neighborhood unless I heard a compelling argument. The neighborhood wants to protect the integrity of the neighborhood and I advocate that. Council Member Smith: What is the staff recommendation on splitting it to RI-U on Mount Comfort and RSF-8 on Hendricks? Did you prefer to skip the hypothetical in favor of a more master planned approach to the neighborhood? Garner Stoll: That is correct. It is zoned RMF-24 across the street, but immediately to the west is RSF-4. Immediately to the east we are anticipating additional request for RI-U. It's one of those neighborhoods that's a gem. It's got a variety of housing types and it is relatively affordable. It has amenities and is about to get more with the trail construction. It would be high on our list for a broader look. Council Member Smith: Mr. Jorgensen, staff won't give me a recommendation, but it sounds like you are interested in considering a split between the two. Doing one on one street and being open to RSF-8 on the Hendricks side? Blake Jorgensen: Yes, I'm not opposed to that. Bill of Assurances are speculation, but we do have something submitted that's public document that the other properties along this street have submitted for a RI-U rezoning. I'm not disagreeing with Council Member Kinion. I understand the majority of the people within Maxwell have apprehension, but on Hendricks Street, which is the point of contention, about 80% is owned by three people. The bigger owner of the rest of the property, Andrew Marks, has submitted it for a RI-U rezoning. Hendricks is going to change. It's owned by a few people and are in a mindset to redevelop this neighborhood. We want to do it right and do the best thing for the city. It's a zoning type that is supported in majority areas, however Hendricks Street has this asterisk that is up in the air. I hope we can redevelop it in a natural pattern that fits in with Fayetteville. This is the first request of several more properties down the pipeline that you are going to receive. The RSF-8 that was approved, was not approved by the applicant and it wasn't their first pick. They will be coming back with the same request. RI-U gives the ability to build traditional town form with some ADU's. Council Member Smith: I don't think there is anything wrong with RI-U. It's one of my favorite zoning types because it is flexible, but in this neighborhood, we have to look at how big a change 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 15 of 22 that would be. When we looked at the other recent Hendricks rezoning, it was asking to go to RSF- 8 and I voted for that, but it was a razor's edge. RI-U is way past the line for me in this neighborhood. I understand the appeal of it and building four -bedroom houses because you can economize your scale. What's the estimate on rent for a four -bedroom house? Blake Jorgensen: It ranges from $1,600 to $2,000. It's not the fact you are building four beds to rent. You want to rent to a multitude of people. I don't want it to be college kids. I don't want to be exclusive, but as soon as you take that out of the equation, I could develop it, sale it and then someone rents those four beds to unrelated people. I think it is wrong to do that when I'm being blatantly honest. I'm not in a hurry and don't mind tabling this. You are about to see the rest of the neighborhood requesting the same thing. The RSF-8 that was approved, they want to go to RI-U. It makes sense and it fits. Council Member Smith: On Hendricks Street, it ranges from 720 square foot houses up to 1,200 square foot. There are a couple of 1,600 square foot houses. I'm concerned about that being too much too fast for a neighborhood like this. It's going to change, but that would determine the type of change. If you were asking to put multiple smaller houses on there, I would probably be lining up right behind you. You are looking at a product for an affordable neighborhood that's going to be a completely different price market and that's the kind of neighborhood change that makes me Garner Stoll: The applicant says he is in favor of ADU's. That is associated with a use and not a district. If you have a single-family home, you can do an ADU, RSF-4, RSF-8, RI-U or any of the residential districts. Council Member Kinion: The last time we had a zoning discussion on this, I believe Mr. Marks approached us and said he did not intend to go RI-U and develop this. Until I hear from him, I'm going to have to take his word that he meant it when he was in front of us. To make a presumption that I don't know when that changed, I can't use that as a valid argument. Mayor Jordan spoke about leaving the item on the First Reading. Council Member Turk: I would like to leave it on the First Reading. Council Member Petty: What is the infill score for the property? Garner Stoll: I will have to get that for you. Council Member Petty: Didn't staff include it as part of their discussion when this memo was being written? Garner Stoll: Good point, but I don't have it. I will have it in two weeks. There was a brief discussion about allowing the public to speak. There was no public comment. Mayor Jordan: Is it agreeable to Council for this to wait two weeks? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 16 of 22 Council Member Scroggin: I'm kind of worried that we keep attacking people in their occupation. We keep saying we don't want this specifically because we don't want students. We can talk about traffic circulation and a lot of issues without specifically calling out occupations. I'm sure if somebody said I don't want this because I don't want people from Tyson's working here, we would have an uneasy feeling in our stomach. Attacking students is not that much different. Talking about having four unrelated people and vehicle circulation is perfectly fine. I hope we can stop talking about specific occupations. Council Member Smith: The infill score is seven according to the maps. I'm not sure what the scale is. This ordinance was left on the First Reading. RZN 20-7020 (North of 540 W. Prairie St./Pearson): An ordinance to rezone that property described in rezoning petition RZN 20-7020 for approximately 0.30 acres located at North of 540 West Prairie Street from I-1, Heavy Commercial and Light Industrial to DG, Downtown General. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 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 6303 as Recorded in the office of the City Clerk RZN 20-7030 (SE of E. Huntsville Rd. & S. River Meadows Dr./Stonebrook): An ordinance to rezone that property described in rezoning petition RZN 20-7030 for approximately 2.00 acres located Southeast of East Huntsville Road and South River Meadows from NS-L, Neighborhood Services -Limited to CS, Community Services. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 17 of 22 Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. He stated the applicant is offering to retain the Bill of Assurance. He stated Planning Commission and staff recommend approval with the Bill of Assurance. Blake Murray, Applicant stated he is trying to have a uniform zoning district for the remaining land along Huntsville Road. City Attorney Kit Williams: You are offering a Bill of Assurance for this rezoning? Blake Murray: I was under the impression it had to be carried forward with it. If it doesn't have to be, then we prefer not to have it. If that is what's needed to have a rezone, then that is what we are willing to do. City Attorney Kit Williams: My understanding is there was already a Bill of Assurance on this property and the Planning Department wanted to keep the Bill of Assurance. I don't know if they would recommend approval without it. A Bill of Assurance is generally offered to the City or City Council in order to obtain the zoning that you request, but it must be a voluntary offer by the landowner. Is this a voluntary offer of this Bill of Assurance? Blake Murray: Yes, sir. City Attorney Kit Williams: The City Council will need to amend the ordinance as originally read by the Mayor and myself. I have the amended ordinance which adds the subject to the Bill of Assurance. Garner Stoll: A problem with not having the Bill of Assurance is that it is attached to the remaining of the property. You would have an island without the Bill of Assurance and then it would apply to the remaining properties. It would cause some problems with calculations with cost sharing. Garner Stoll gave a brief description of what was contained in the Bill of Assurance. Council Member Scroggin moved to amend the ordinance by adding the Bill of Assurance. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 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 Smith moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 18 of 22 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6304 as Recorded in the office of'the City Clerk Amend §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to extend the city's noise regulations to all vehicle -related businesses. City Attorney Kit Williams: Before I read the ordinance, would Council want to consider the amendment proposed by Council Member Marsh at the last meeting to include bicycles on city trails as one of the areas where excessive noise would not be allowed? Council Member Marsh: I have a unique perspective on the trail with it running through my backyard. I've noticed a significant increase in people using amplified sound on their bicycles. Riding by several times a day with multiple people doing that, it can become quite a nuisance. I would like to see our trails stay reasonably quiet and nature be the predominant experience on our trails rather than amplified music or preaching. Mayor Jordan: The amendment would be to include bikes on the city trails? City Attorney Kit Williams: Yes. Mayor Jordan: Is that correct Sarah? Council Member Marsh: Yes. Council Member Smith: Did we get the text of the amendment in an email? City Attorney Kit Williams: I think Blake sent it out to you, but if not, I can read it for you. Council Member Smith: Yes, I would like to hear it before I vote. City Attorney Kit Williams read the proposed ordinance amendment. Council Member Smith: So, it is amplified sound. It wouldn't apply to somebody using their own voice or noisy children? City Attorney Kit Williams: It says operating a sound amplified device. So, if they aren't using that, then it's not going to be prohibited. Council Member Marsh moved to amend the ordinance to include bikes on city trails. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 19 of 22 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 Turk: I would like for us to hold this. We made an amendment to the ordinance and I'm not sure the public has had enough time to know about it. I would like to give the public an opportunity to share their thoughts with us next time. This ordinance was left on the Second Reading. Amend the 2019 Community Development Block Grant (CDBG) Action Plan: A resolution to authorize an amendment to the 2019 Community Development Block Grant (CDBG) Action Plan to reflect CARES Act supplemental funding in the amount of $436,285.00. Yolanda Fields, Community Resources Director gave a brief description of the resolution. Angela Belford, Housing Authority: Is this about accepting the money? Yolanda Fields: Today, this is accepting the money. What we have out for public comment at this point are general funding categories, not specific program or project funding. There will be a public meeting when we develop the process for application for award. We are going to stick with our same process that we use for regular CDBG, but it will be gravely modified to bring us into a reasonable timeline and still meet our regs for HUD. Angela Belford: To clarify, the department at the city won't be giving the funds to individuals, but yet organizations. Non -profits will apply for those funds? Yolanda Fields: The housing and rental assistance will be an internal program. The funding for unsheltered homeless and health assistance needs, services, and supplies will be funding that will be available for entities in the community, non -profits that will be working with individuals who are low to moderate income and then the unsheltered homeless for unsheltered homes. Angela Belford: If we want to comment about the rental assistance, is it time to comment now or are we just accepting the money right now? Yolanda Fields: No, today we are accepting the funding. What is out there for comment this week is the general funding categories. Angela Belford: That means it will come back to Council? Yolanda Fields: It will come back to Council for approval of a budget adjustment for those general funding categories. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 20 of 22 Angela Belford: Yolanda, thank you for leading the city on getting this in front of City Council so we can accept this money. Don Bennett thanked Yolanda for bringing the item before Council. He stated he recommends Council approving the resolution. He stated he has concerns about how the categories came about and how the process is going to play out. He stated there hasn't been a lot of time to know about the item. He stated he is concerned that food is not mentioned, but instead says health needs. Yolanda Fields: In health needs, the goal of the general categories is to give us flexibility. Within the needs, services, and supplies that opens it up quite a bit. The reason it is moving so quickly is because HUD wants to do that. They want this to be in place and helping people as quickly as it can happen. I am already getting calls for help. I feel the urgency in the community for help. HUD is allowing us to amend our current 2019 CDBG funds and push more money into COVID assistance. My goal is to at least squeeze out another $100,000. As we move through this event, we are going to come up with different needs that we have. I have been in meetings with many multiple working groups and non -profits and these are the needs I'm hearing, which is how the categories were developed. HUD wants us to listen to the community. Don Bennett thanked Yolanda. He stated 30% to 50% of restaurants may not reopen. He spoke about unemployment leading to a great need for food distribution. He spoke about the priority of food. Council Member Smith thanked Yolanda for her explanation of category flexibility. He requested to know if Don Bennet thought there was a category missing to provide more flexibility. Don Bennett spoke about the CARES Act, which talks about distribution and delivery of food. He stated he speaks for Tri Cycle Farms, but speaks for other non -profits in their ability to continue to deliver because they are hurting because of their funding streams. He stated he is seeing an 85% increase across the country and the demand for food is high. He stated the topic of food needs to be part of the priority. Council Member Smith: What about distribution and delivery? Don Bennett: Distribution, delivery and storage capacities are going to be an issue, maybe storage capacities become into structures. Yolanda, what about the regular CDBG funding? Maybe that's an area more appropriate for that? Yolanda Fields: That was one of the things I shared at the Grow Fayetteville group. A lot of what I was hearing is overall assistance for individuals in need. That may be a need not so much because their jobs were affected by COVID or because they are quarantined because of COVID, but because there will be a need for food. Yes, the regular CDBG process, which begins the first week of August with a workshop is great. I'm already working with Seeds that Feed and provided them information. They plan to apply. We are here until the application process starts in August. We can provide technical assistance and review applications. We are here to provide assistance to anyone that wants to apply. There is a prioritization committee that will be used for determining 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 21 of 22 the COVID funding. We have representation from Fire, Police, Planning, and myself. We prioritize all the projects and we fund until the money is gone. It is all based on need. Melissa Terry spoke about food policy research. She spoke about a more resilient local food system or health care system. She spoke about the appropriateness to add a bucket of funding to the emergency use of funds to include local food systems. She spoke about Tri Cycle Farms ability to provide food. She stated there is an emergency spike occurring right now. She spoke about HUD guidelines. Council Member Marsh: Do we have the ability in the framework we are adopting to address these local responses? Yolanda Fields: Yes, there is in the health services. There has to be a methodology to document that people being served is a direct result of COVID. Council Member Gutierrez thanked Yolanda's speedy work. She stated there is a page in the requirements that list food delivery as one of the bucket possibilities. She stated it includes grants, loans, financial assistance, medical, cleaning, and other services that support home and health quarantine. Yolanda Fields: There is a section that are general guidelines. If you look at the top heading, that's economic assistance. HUD hands out information for all city sizes. Some big cities are getting millions of dollars. We are looking at assistance to individuals. There's not a bucket for business assistance within our $436,000. Council Member Gutierrez: Because we have our minimum group of funds we are working with, we are trying to respond to the areas that you have heard the most from? This way you can focus those funds into those areas? Yolanda Fields stated right. She briefly explained the document. She spoke about the ability to amend the 2019 CDBG funding for COVID. She reiterated her previous statements. Council Member Gutierrez spoke about wanting to make opportunities with funding for food and creating access for food resources. Council Member Bunch stated there isn't a whole lot of money in this first go -round and doesn't seem like it's going to go very far. She requested to know more from Yolanda about the $100,000. Yolanda Fields: I'm hoping to pull another $100,000 out of our 2019 CDBG funding and label it COVID, so that it can move quickly. Our regular CDBG funding for 2021 will start in August. HUD will allow me to try and pull some out of 2020 funding. As we move forward, needs will arise. Council Member Bunch thanked Yolanda for her efforts. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 21, 2020 Page 22 of 22 Council Member Smith stated it is going to take both the $400,000 and the additional $100,000. He stated more is needed because it will run out quickly and there are a lot more people needing help. He spoke about stability and COVID related hardships. Council Member Marsh stated she would like to prioritize spending the money that not only addresses the COVID related needs now, but also builds capacity to continue to serve the community beyond this current crisis. She spoke about food insecurity in the community. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 125-20 as recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff spoke about utility work and road closures on Zion Road. She spoke about closing Township Road for repaving. She spoke about the rescheduling of the Spring Bulky Waste Cleanup. Information can be viewed on the City of Fayetteville website. Council Member Smith: Residents who may have bulky waste piled up, can they bring that to the transfer station? Susan Norton: I will get back to you on that. City Council Agenda Session Presentations: None Citv Council Tour: None Adjournment: 8:30 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Agenda Session Walk On 4/14/20 Brad Hardin Submitted By City of Fayetteville Staff Review Form 2020-0327 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/13/2020 FIRE(300) Submitted Date Division / Department Action Recommendation: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: This Item is a walk-on to the City Council Agenda because The Fayetteville Fire Department just received the latest version of the Memorandum of Understanding on April 10, 2020. The cost will vary based upon the level of usage/need to quarantine Fire Department employees. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: April 13, 2020 CITY COUNCIL MEMO SUBJECT: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. RECOMMENDATION: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. BACKGROUND: The Fayetteville Fire Department has been researching and trying to identify possible housing alternatives for Fire Department employees who may need to quarantine due to Covid-19 exposures or sickness. The University of Arkansas is willing to provide housing to assist with this concern. DISCUSSION: This Item is a walk-on to the City Council Agenda because The Fayetteville Fire Department just received the latest version of the Memorandum of Understanding on April 10, 2020. If this Memorandum of Understanding is approved, it will provide adequate housing arrangements for Fire Department employees. This will enable Fire employees to quarantine as deemed necessary due to COVID medical matters. BUDGET/STAFF IMPACT: The Budget Impact will vary based upon the needed usage of housing for quarantining Fire Employees. The funds will be related to Emergency COVID Response. Attachments: Memorandum Of Understanding Documentation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Memorandum of Agreement This Agreement is made and entered into, effective on the day of April 2020, by and between the following entities, collectively referred to as the "parties": • The City of Fayetteville, Arkansas, a municipal corporation under the laws of the State of Arkansas (hereinafter referred to as the "City"), including the Fayetteville Police Department ("FPD") and the Fayetteville Fire Department ("FFD"); and • The Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas, Fayetteville, an educational institution and public body of the State of Arkansas (hereinafter referred to as the "University" or "UAF"). FPD and FFD may, from time to time herein, be collectively referred to as the "First Responders." WHEREAS, the 2019 novel coronavirus, or COVID-19, is a very contagious respiratory virus that can cause mild to severe illness and, in some cases, become life -threatening; and WHEREAS, the global transmission of COVID-19 has resulted in its classification by the World Health Organization as a pandemic; and WHEREAS, the rapid spread of COVID-19 across the United States has become a national health crisis, with confirmed cases in all fifty states; and WHEREAS, as of the date of this drafting, there were 1,000 confirmed cases of COVID- 19 in Arkansas (and 29 in Washington County), with a steady increase that, according to some projections, may not reach its peak until late -April to early June; and WHEREAS, the First Responders are and will continue to be on the front lines of the community's response to this health crisis, and by doing their jobs caring for and protecting the Fayetteville community, may face increased exposure to COVID-19; and WHEREAS, the University wishes to continue its partnerships with the First Responders and offer its assistance in the face of this COVID-19 health crisis; and WHEREAS, the First Responders have requested the University to provide temporary residential accommodations in certain University Housing facilities on the Fayetteville campus for use by some number of their employees over the course of the COVID-19 health crisis (hereinafter, the "Emergency Housing"); and WHEREAS, the First Responders collectively anticipate that they may require Emergency Housing some number of their employees (approximately 5 to 24 FFD employees and approximately 6 to 30 FPD employees), on a rolling basis, over the course of the COVID-19 health crisis in the event that such employees require segregated housing or quarantine/isolation as a result of exposure to COVID-19 (hereinafter, the "Occupants"); and WHEREAS, subject to the terms and conditions of this Agreement, the University does not anticipate that the University's provision of Emergency Housing will not disrupt the educational mission of the University or the regularly scheduled use of University Housing facilities during this time; and WHEREAS, the best interests of the Fayetteville community and, in turn, the University itself, will be advanced by allowing the First Responders to utilize the Emergency Housing for this purpose; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties contained herein, and other good and valuable consideration, the parties, intending to be legally bound, covenant and agree as follows: 1. Term of Agreement; Renewal. The initial term of this Agreement shall commence on April 1, 2020 and terminate on June 30, 2020. By June 17, 2020, the parties agree to individually and collectively review the Agreement and evaluate the possibility of extension in light of the status of the COVID-19 health crisis and their continued operations. The Agreement shall only be renewed upon the written agreement of the parties. Housing will become available under this Agreement on or about April 13, 2020. 2. Scope of Use of University Housing Facilities. Subject to the terms and conditions of this Agreement and the attached exhibits, University Housing shall provide Emergency Housing accommodations. This Agreement shall be fully binding upon any person approved to reside in University -owned housing during the COVID-19 health crisis, including prior to, during or after the COVID-19 health crisis. University officials and employees, including, without limitation, University Housing officials and employees, shall have the right to enter all facilities (indoor and outdoor) for purposes of maintenance, safety and public welfare. Additionally, students, faculty, staff, administrators and members of the public shall be free to traverse all surrounding outdoor areas to enable the free and orderly flow of pedestrians, deliveries of supplies, campus tours, and other bona fide University activities, but the assigned portions of the University Housing facilities shall not be made available for the use of any other groups. In the event of any unauthorized use or disruption of any locations, indoors or outdoors, that have been assigned for the First Responder's use, then the Occupants shall notify the University of Arkansas Police Department ("UAPD") or other authorized law enforcement agencies who will respond to any such unauthorized use or disruption at any location on campus. UAPD and/or any other authorized law enforcement agencies rendering assistance may take all necessary actions to address any issues as necessary and as permitted by Arkansas law. 2 3. Assignment of University Housing Facilities. With consideration of the continuing operations of the campus, including students who continue to reside on -campus, as well as the particular needs of the First Responders, University Housing shall assign the Occupants to University Housing's facilities (or segmented areas of University Housing facilities) on the Fayetteville campus as specified in Exhibit A, which is attached hereto and incorporated herein by reference. University Housing shall have full discretion in the selection of the University Housing facilities to be used as Emergency Housing under this Agreement. 4. Fees. The Fee for using University Housing facilities under this Agreement, including housing, meals, and associated charges, is outlined in Exhibit B. On or about seven (7) business days after the last of the Occupants vacates the assigned University Housing facility, University Housing will submit an itemized invoice of charges to each of the First Responders for the total Housing Fee for their Occupants. 5. Housing and Dining Procedures. Housing and dining procedures under this Agreement and additional information are included at Exhibit A. 6. Taxes. The University does not believe that any sales taxes or ad valorem taxes apply to the use of its facilities under this Agreement. In the event any governmental authority imposes sales or ad valorem taxes in regard to the use of the University's facilities under this Agreement, the University shall have the right to charge the First Responders for any taxes attributed to their use of the facilities. The First Responders and the University, however, shall each respectively reserve all rights to challenge any such tax payments. 7. Attachments. This Agreement shall consist of the following documents: all provisions set forth in this Agreement; Exhibit A (Campus Dining and Housing First Responders Program); Exhibit B (Estimated Housing and Meal Costs); Exhibit C (Medical Evaluation for Isolated/Quarantined First Responders); and Exhibit D (Sample Medical Screen/Evaluation Log for Employee Isolation/Quarantine Site). 8. University Housing General Terms and Conditions of Occupancy. A. Right of the University to Refuse or Cancel Agreement. In the event accommodations assigned to the First Responders are destroyed or otherwise made unavailable and the University does not furnish other accommodations, the Agreement shall terminate automatically without any liability for the University or the First Responders. The University reserves the right to refuse admission into University Housing to any group or participant for failure to comply with University and/or University Housing policies and regulations, or federal and/or state laws. The Agreement and these General Terms and Conditions shall be fully binding upon any person residing in University - owned housing during the period of time relevant to the COVID-19 health crisis. The Agreement may be terminated only under the conditions specified herein. The University does not discriminate against any individual or group of individuals on the basis of age, color, disability, gender, national origin, race, religion, sexual orientation or veteran's status. B. Reservation of Rights by Campus Dining Services. Campus Dining Services is the sole and exclusive third -party food service provider for the University. Campus Dining Services reserves the right to terminate the reservation should unforeseen emergencies occur, making it inadvisable, illegal, or impossible to provide meal service. Additional information about meal options and pricing is at Exhibits A and B. C. Accommodations and Eligibility. Specific residence halls or apartments are not guaranteed. Space is reserved based on availability and is subject to change. University Housing also reserves the right to move Occupants to accomplish necessary repairs/renovations to buildings. D. Supervision. Occupants are expected to follow all applicable University rules and regulations and all federal, state and local laws. University Housing will not provide supervision but will enforce applicable policies. E. Guests and Visitation. Visitors and overnight guests are not permitted. F. Inspection and Access. University Housing reserves the right to enter assigned rooms and apartments under certain circumstances including, but not limited to, inspections for safety, health, general housing policy compliance, cleaning, inventory, epidemics or other emergencies, pest control, occupancy verification and/or general repair. If such inspections are of a routine or periodically recurring nature, reasonable effort will be made to give prior notice. G. Damages. The First Responders shall be responsible for the accommodations assigned and shall reimburse University Housing for all the damages within or to any accommodations provided under this Agreement. University Housing will determine the amount and cost of damages and/or necessary additional cleaning required. These additional charges will be added to the total bill and included in a final invoice to the individual First Responders to be provided on or around seven (7) business days after check-out. All furniture in any assigned room or location at the time of occupancy must stay in the room or location for the duration of the Occupant's stay in the facility. Furnishings may not be removed, stored, or traded. There is a $200.00 charge for violating this policy in addition to any cost of damaged/missing furniture. The First Responders may wish to require individual Occupants to sign agreements specifying that the First Responders can recover damage costs from M responsible Occupants. Individual Occupants will not be billed by University Housing for damages. In all cases, the First Responders will be billed and responsible for all such costs and damages. H. Security. In order to maintain security for all Occupants, keys/building access fobs are not to be shared with other Occupants. The First Responders shall be responsible for all keys/building access fobs issued to Occupants. If keys/conference cards are lost, participants are to report the loss immediately to a University Housing staff member. Occupants are urged to lock their windows and doors during occupancy. For personal safety, ground floor accessible windows should be kept locked at all times and security screens left untouched. Occupants shall not access any concrete canopies, which are commonly referred to as "ledges," which extend from certain residence halls at any time except in the event of a fire or other life -threatening circumstance. Any Occupants accessing the ledges will be removed from University Housing immediately without question. Occupants shall not prop open doors or allow others to "tailgate" through entrances without proper authorization. A $150.00 fee will be assessed for each key not returned and $25.00 for every building access fob not returned on the day the group checks out. The First Responders shall be held financially responsible for these charges which shall be added to the total bill. I. Mail. The United States Postal service does not deliver mail to front desks, rooms, or apartments of University housing for Occupants. J. Amenities. Hotel -type amenities such as televisions, radios, room telephones, and other amenities are not provided by University Housing. All facilities are air conditioned. Occupants may not alter the existing wiring for any of these services and must provide their own reception devices (e.g., cellular telephone, computer, television, etc.). K Behavior of Occupants. All Occupants are expected to abide by the University of Arkansas Housing policies and state and federal laws. Additionally, all Occupants are expected to adhere to all directives and guidance from the Governor of the State of Arkansas and the Arkansas Department of Health regarding the COVID-19 health crisis. Individuals will be immediately removed for possession or use of illegal substances, possession of and/or use of alcoholic beverages by minors, and/or destruction of property or disruptive behavior. 5 The Fayetteville campus of the University of Arkansas is smoke free, and smoking is prohibited on campus, including, but not limited to, the residence halls. University Housing reserves the right to remove an Occupant for non- compliance of any University Housing policy. In its sole discretion, the University may terminate this Agreement if any Occupant violates any University policies and/or any applicable federal and/or state laws or COVID-19 directives and guidance; provided, however, that the University will not terminate this Agreement without first providing the First Responders with notice of any such violations and providing the First Responders with a reasonable opportunity to address and correct such violations. Additionally, the University reserves the right and discretion, at all times, to revoke the residence hall and dining privileges of any Occupant at any time for violating any University policies and/or any applicable federal and/or state laws. L. Abandoned Property. Personal property left in rooms or storage areas after the Occupant checks out shall be deemed to have been abandoned. University Housing personnel will notify the First Responders of said items and give ten (10) business days for the Occupant to claim items. Items not claimed will be disposed of either by donation to a charitable organization or disposal to solid waste without recourse or liability to the University. M. Fire Safety. Evacuation of University buildings is mandatory when a fire alarm sounds. Sounding of false fire alarms or tampering with firefighting or safety equipment, including fire extinguishers, fire sprinklers and connecting pipes, EXIT signs and the alarm system is strictly prohibited. Those suspected of such offenses are subject to criminal prosecution and/or immediate removal from University Housing. First Responders may also be required to pay associated fines and/or damages. N. University Liability. The University does not assume any legal obligation to pay for the loss of or damage to any Occupant's personal property, or the First Responder's property, regardless of whether such loss or damage occurs in the University's building or on its grounds, prior to, during or subsequent to the period of this Agreement. The First Responders further agree to indemnify and hold the University and its Trustees, officials, representatives, and employees harmless from and against any and all claims, suits, liabilities, costs and expenses arising from or relating to the activities of the First Responders or any Occupants under this Agreement. This duty of indemnification, however, shall not apply to the negligent acts or omissions of the University or its employees or to any intentional acts of misconduct by the University and/or its employees. This provision shall survive the expiration or termination of this Agreement. IN O. Guidelines. The First Responders shall be responsible for ensuring that all Occupants are familiar with University Housing's general policies and rules. The University reserves the right to prohibit any item or activity deemed by the University to be harmful, inconsistent with the University's educational environment, or not in the best interest of the University or its guests after providing notice to the First Responders and the Occupants. 9. Governing Laws and Policies. This Agreement shall be governed by the laws of the State of Arkansas, without regard to its choice of law principles. Nothing contained in this Agreement shall be deemed or construed as a waiver of any immunities to suit available to the University or its Trustees, officials, representatives or employees. 10. Relationship of Parties. This Agreement shall not be construed to create a partnership, employer -employee, joint venture or agency relationship between the parties, and the parties shall remain independent at all times. 11. Integration and Modification. The Agreement contain the entire agreement and understanding between the parties and supersede all prior and contemporaneous oral and written agreements, understandings, inducements, promises, and conditions between the parties regarding their subject matter. The parties acknowledge and understand that all negotiations, terms, and agreements are contained herein and that the Agreement cannot be altered or modified unless such modification is in writing and executed by an authorized representative of each party. 12. Construction. The parties agree that the rule of construction that any ambiguity shall be construed against the drafting party shall not apply to any dispute arising under or relating to the Agreement. 13. Severability. In case one or more of the provisions contained in the Agreement should be held invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of such provision or provisions shall not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or thereby impaired. 14. Non -Assignment Provision. The First Responders shall not have the right to assign, sell convey, or otherwise transfer any rights or interests granted in the Agreement to any person or entity without the prior written consent of the University, and any unauthorized assignment, sale, conveyance, or transfer shall be null and void. 15. Covenants. The First Responders hereby covenant and agree as follows: A. The First Responders shall not occupy or use University Housing's facilities except as provided in the Agreement. 7 B. The First Responders shall comply with all legal requirements now existing or that may arise regarding the use and occupation of University Housing's facilities. C. The First Responders shall not cause or permit any Hazardous Material to be used, stored, or generated on, or transported to and from any of University Housing's facilities and/or UAF's campus. "Hazardous Material" shall mean, without limitation, those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in any applicable federal or state environmental law. D. No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked, or bolted while University Housing's facilities are in use or occupied. Moreover, all designated exit ways shall be maintained in such manner as to be visible at all times. E. Occupants shall keep any adjustable beds at the lowest setting (the level closest to the floor). If any such bed is not at the lowest setting upon the Occupant's arrival, Occupant will either adjust the bed to the lowest setting or request assistance in doing so. F. No collections, offerings or donations, whether for charity or otherwise, shall be solicited, made, attempted, or announced at any of University Housing's facilities or at any other location on UAF's campus. Additionally, the First Responders shall not be entitled to engage in any commercial sales of merchandise or other items on campus. G. The First Responders shall abide by and conform to all rules, regulations, and policies adopted or prescribed by the Board of Trustees of the University of Arkansas which are incorporated by reference herein. 16. Force Maieure. If any of University Housing's facilities are damaged or made unavailable from any cause whatsoever or if any other casualty or unforeseeable cause beyond the control of the University, including, without limitation, acts of God, acts of terrorism, fires, floods, epidemics or pandemics, quarantine restrictions, strikes, failure of public utilities, or unusually severe weather, prevents occupancy and use, or either, as authorized in the Agreement, the University is hereby released by the First Responders from any damages so caused thereby. 17. Notices. Except as otherwise permitted in the Agreement, any notice or communication required or permitted to be given hereunder shall be via email, return receipt requested, to each party's address as listed below: City of Fayetteville: Chief Brad Hardin bhardin(d), fayetteville-ar. gov N. University of Arkansas: Florence Johnson jfohnso(auark.edu Each party may designate another address or location to receive any notices by giving written notice to the other party. Any such notice sent pursuant to this provision shall be effective when received. Rejection or other refusal to accept shall not affect the validity or effectiveness of the notice given. 18. Taxes. The First Responders shall be solely responsible for all taxes of any kind assessed or imposed by any governmental authority against the University is connection with the Agreement; provided, however, that the First Responders and the University independently reserve the right to challenge the applicability of any taxes assessed against either of them. 19. DISCLAIMER OF WARRANTIES. PRIOR TO ENTERING INTO THIS AGREEMENT, THE UNIVERSITY PROVIDED THE FIRST RESPONDERS WITH AN OPPORTUNITY TO REVIEW AND INSPECT UNIVERSITY HOUSING'S FACILITIES TO DETERMINE THEIR SUITABILITY. ACCORDINGLY, THE FIRST RESPONDERS ACCEPT ALL OF THE UNIVERSITY HOUSING ACCOMMODATIONS "AS IS," AND THE UNIVERSITY AFFIRMATIVELY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE FIRST RESPONDERS ACKNOWLEDGE AND AGREE THAT ITS RIGHTS UNDER THE AGREEMENT ARE LIMITED TO THEIR EXPRESS TERMS. 20. LIMITATION OF LIABILITY. In the event of any claim or cause of action arising under the Agreement by the First Responders against the University, the First Responders acknowledge and agree that the sole forum and venue for any action against the University shall be in the Arkansas State Claims Commission. MOREOVER, WITH RESPECT TO ANY SUCH CLAIM OR CAUSE OF ACTION, THE FIRST RESPONDERS COVENANT AND AGREE THAT THE TOTAL SUM OF ANY DAMAGES AWARDED AGAINST THE UNIVERSITY IN ANY ACTION IN THE ARKANSAS STATE CLAIMS COMMISSION SHALL NOT EXCEED THE TOTAL SUM OF ALL FEES AND CHARGES ACTUALLY PAID BY THE FIRST RESPONDERS TO THE UNIVERSITY UNDER THE AGREEMENT. THE FIRST RESPONDERS ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCES, SHALL THE UNIVERSITY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND OR NATURE. X 21. Advice of Counsel. All parties acknowledge that they have consulted with competent, independent legal counsel of their choice or had the opportunity to do so prior to entering into the Agreement. 22. Time of the Essence. The parties agree that time is of the essence in performing the duties and obligations of this Agreement. 23. Survival. Notwithstanding any other provision of the Agreement, the First Responder's obligation to pay the all fees, charges, costs and expenses under the Agreement shall survive the termination or expiration of this Agreement. 24. Counterparts. The Agreement may be executed multiple counterparts. Each counterpart shall be deemed a duplicate original and all counterparts, when collected together, will constitute the original of the Agreement. A counterpart may be a full copy of the Agreement or a signature page from a full copy of the Agreement. The parties further agree that faxed and/or PDF copies of the signature pages shall be acceptable and make the Agreement binding. The parties agree that electronic signatures shall be accepted and binding. 25. Amendments. The parties agree that the Agreement may only be amended by a written instrument signed by an authorized representative of each party. 26. Medical Emergencies. The First Responders and their Occupants shall abide by the medical protocol established in Exhibit C and Exhibit D. The University reserves the right to take any appropriate actions if the First Responder fails to fulfill its obligations under this provision and charge the First Responder for any related costs and/or expense. Notwithstanding the foregoing, the University of Arkansas is not responsible for ensuring the health of individuals occupying University Housing facilities. 27. Signatures. The undersigned individuals represent that they are authorized to sign and bind the respective parties to this Agreement. 28. FEMA Compliance. In accordance with the Federal Emergence Management Agency requirements for the City of Fayetteville to ensure it is eligible to recover the costs associated with this contract, the Parties agrees as follows: A. Access to Records. 1) The University agrees to provide the City of Fayetteville, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the University which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2) The University agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 10 3) The University agrees to provide the FEMA Administrator or his/her authorized representatives access to any sites pertaining to this contract. 4) In compliance with the Disaster Recovery Act of 2018, the City of Fayetteville and the University acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. B. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The University will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. C. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, University, or any other party pertaining to any matter resulting from this contract. D. The University acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the University's actions pertaining to this contract. 11 IN WITNESS WHEREOF, the parties execute this Agreement on this day of April, 2020. APPROVED: APPROVED: BOARD OF TRUSTEES OF THE CITY OF FAYETTEVILLE UNIVERSITY OF ARKANSAS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE By: JOSEPH E. STEINMETZ Chancellor University of Arkansas, Fayetteville By: BRAD HARDIN Chief Fayetteville Fire Department 12 By: LIONELD JORDAN Mayor City of Fayetteville, Arkansas By: MIKE REYNOLDS Chief Fayetteville Police Department Exhibit A 13 Exhibit A — Campus Dining and Housing First Responders Program Campus Dining First Responders Program 1. Will need paper form or on-line survey completed by Responders regarding food allergies or intolerances 2. Will need First Responders mobile numbers 3. Group -Me or some other technology will be established for room occupants. Messages will be sent regarding menus and delivery times. 4. Options will include hot or cold items with drink and condiments. 5. Will stock rooms with flatware and napkins, salt and pepper. 6. Suggest Responders bring their own favorite condiments 7. Meals will be delivered three times per day. 8. Message will be sent about 5 minutes prior to delivery and then again after delivery University Housing First Responders Program 1. Individual arrives and parks in front of University Housing Office on Douglas Street 2. Calls housing main number to report they are out front 3. Package including key/fob, map, directions are placed outside in a container my housing staff 4. First Responder picks up the package and proceeds to Walton Hall 5. Parking should be in lot 22 — University Housing will provide a document for responders to put on the dashboard of their vehicle. Transit and Parking will be provided a copy of this document. 6. To check-out process is reversed Responder locks room when they leave Calls University Housing to report they are coming to drop off key/fob Key/fob is left in container outside University Housing staff retrieve key/fob Check-out is processed in StarRez Conference software 7. Nonbusiness hours and days will have a number to call and that person will respond In the Room Items 1. Two sets on linens 2. Five sets of towels, etc. 3. Trash can with stack of liners 4. Microfridge (small refrigerator with microwave on top — attempting to secure these from a vendor we work with that students use no update as of 4/6) 5. Small set of bathroom cleaning supplies and gloves (responder is not expected to scrub the bathroom — this is for just in case) 6. There is a bed, desk, chair, dresser and a place to hang clothes 14 7. Wi-Fi is available. Connect to the WiFi signal and then open a browser which asks for a generic email address (no password) 8. First responders will bring their "TO GO" bag with personal items such as toiletries, electronics, etc. Trash Pick Up 1. A trash bin will be placed outside of each room door 2. Responders will double bag trash, tie tightly and place in the bin outside the room door 3. Trash should be placed in the bin outside by gam on Monday and Thursday. Laundry 1. Allied Laundry Service will provide pick up/deliver of laundry at Walton 2. No charge for pickup or delivery 3. Rooms will be serviced twice a week 4. Allied Laundry Service will be escorted by University Housing staff member to maintain accurate records of service. Occupancy Reports 1. Housing can provide a daily report of who is in the building 2. The report can include date checked in and date checked out Contact Person 1. Jake Shaw, Assistant Director for Conferences (cell phone to be provided) 2. Billy Blount, Director for Administrative Services — back up (cell phone to be provided) Maintenance 1. Maintenance requirements will be corrected through University Housing 2. Problems should be reported to the Service Center (479-575-7005) Housekeeping 1. University Housing will clean all rooms before any responders arrive following normal guidelines and any CDC requirements 2. When a responder checks out University Housing will clean the room following normal guidelines and any CDC requirements after recommended number of days has past Decontamination 1. At the conclusion to use of the facility a third -party vendor will be hired to decontaminate the entire facility 15 Exhibit B 16 Exhibit B — Estimated Housing and Meal Costs Housing Costs Per Person Per Day Room Daily Laundry Decontamination* Linen Daily Total Daily Total:7 Total:14 Daily Da days days Iy $30 $4 $5 $11 $50 $349 $698 Notes: * Only rooms used and public areas associated with those rooms will be decontaminated. In an effort to control costs, rooms will be assigned by floor starting with the south wing of Walton Hall. Cost Breakdown Room $30 per night Linen $28 one-time charge per stay 20 lbs. per week/per person at $1.75 LB for Laundry $35 personal items Decontamination $76 one-time charge per stay ** **Based on current quote from Snyder Environmental Meals: $8.50 per meal $25.50 per day Tax not included 17 Exhibit C IN Exhibit C — Medical Evaluation for Isolated/Quarantined First Responders Daily evaluation shall be provided twice daily to all Occupants by Washington County Ambulance Authority (CEMS). The evaluation will consist o£ • Visual and verbal assessment • Current Temperature • Vitals • Any Changes • Medical condition • The CEMS crew shall maintain a bi-daily medical log (See addendum) • If the patient's condition deteriorates to the point they can no longer safely care for themselves, the patient will be provided the option to go to the hospital via private owned vehicle or ambulance transport 19 Exhibit D 20 Exhibit D — Sample Medical Screen/Evaluation Log for Employee Isolation/Quarantine Site Central EMS will complete a medical assessment at 0800 and 2000 hrs for each person at the site Sample Isolation Evaluation Log Name Date of Entry Today's Date Time Current Temperature BP Pulse Cough/Shortness of Breath (Y/N) SPO2 Any changes in severity of symptoms (Y/N) Improved (Y/N) Describe Changes Provider Signature 21 ARTICLE X - PEDAL CARRIAGES 117.120 - Definitions For the purpose of this article, the following words and terms have the meaning ascribed thereto: Driver. An individual at least twenty-one (21) years of age who operates a pedal carriage. Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to provide pedal carriage service in the city. Pedal carriage. A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or more wheels operated by one or more persons which transports or is held out to the public as available to transport passengers for hire, or for a gratuity, and is specifically designed and manufactured for that purpose. Pedal carriage service. The business of offering or providing transportation of persons for hire, or for a gratuity, in a pedal carriage, when: (1) A driver is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route or within a zone of operation by right. Pedal carriage driver's permit. A permit issued to an individual by the Chief of Police to operate a pedal carriage for hire in the city. Operate. To drive or be in actual physical control of a pedal carriage. Permittee. An individual who has been issued a pedal carriage driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two (2) or more persons having a common economic interest. Preapproved route. Pedal carriage service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the Police Department. 117.121 - Certificate Of Public Convenience And Necessity Required; Issuance Procedure (A) Certificate Needed For Operation. No person shall operate or permit a pedal carriage owned, leased or controlled by the person to be operated as a vehicle for hire upon the streets or trails of the city without having first obtained a Certificate of Public Convenience and Necessity from the Fayetteville City Council. (B) Information Required for Certificate. An application for a certificate shall be filed with the Police Department upon forms provided by the city, and said application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant, including the name and address of all officers and stockholders of the company, if incorporated, and the name, address and telephone number of the person to whom complaints should be directed; (2) The financial status of the applicant, including the financial status of the officers and stockholders of the company, if incorporated, including the amount of all unpaid judgments against the applicant (officers and stockholders of the company, if incorporated), and the nature of the transaction or acts giving rise to said judgments; (3) The experience of the applicant including all officers and stockholders of the company, if incorporated, in the transportation of passengers, especially as related to pedal carriages; (4) Any facts which the applicant believes tend to prove that Public Convenience and Necessity require the granting of a certificate; (5) The number of pedal carriages to be available for operation or controlled by the applicant and the location of proposed storage areas for the pedal carriages when not in active service. The applicant shall furnish a minimum and maximum number of requested vehicles to be permitted; (6) A complete description of each model or type of pedal carriage sought to be used to include length, width, brakes, any motor assist, year, make, model, rated capacity, lighting and safety features; (7) The hours between which the applicant proposes to provide pedal carriage service to the general public, and the dates, if any, on which the applicant does not propose to provide pedal carriage service to the general public, and; (8) The rate schedule which the applicant proposes to use to charge passengers or receive gratuities. (9) Any proposed preapproved route with scheduled and fixed pick-up and destination points and proposed fare for such pedal carriage service; (10) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter; (11) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and, (12) Such additional information as may be determined to be necessary to assist or promote the implementation or enforcement of this article, or the protection of the public safety. (C) Public Hearing for Certificate. When the Police Department notifies the City Clerk that a proper and adequate application has been filed, the City Clerk shall fix a time and place for a public hearing thereon. The City Clerk shall thereupon notify the applicant who shall have the duty to notify all holders of current and valid Certificates of Public Convenience and Necessity for taxicabs and pedal carriages and provide proof of such service to the City Council. Any interested person shall have the right either in person or by representatives of their own choosing, to be present at all such hearings and to introduce evidence and to be heard either in support of or opposition to the issuance of a certificate. (D) Findings of the City Council. (1) If the City Council finds that pedal carriage or further pedal carriage service is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this subchapter, then the City Clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance; otherwise, the application shall be denied. (2) The City Council shall deny any application in which the proposed hours of service, the proposed rate schedule or the gratuity request are found to be unreasonable to meet the public need. (3) In making the above findings, the City Council shall take into consideration the number of pedal carriages already in operation, the probable effect of increased service on local traffic conditions and traffic safety, and the character, experience, and responsibility of the applicant. 117.122 - Pedal Carriage Permitted Zone Of Operation And Preapproved Fixed Routes (A) Permitted Zone of Operation. Pedal carriages may only operate and carry passengers within the pedal carriage permitted zone of operation, as shown on the attached map as authorized by the City Council when granting a Certificate of Convenience and Necessity or on preapproved routes or for special events as authorized by the Transportation Services Director. Pedal carriages (without passengers) may be taken by licensed pedal carriage operators from a storage, repair, maintenance or cleaning area outside the pedal carriage permitted zone of operation into such zone or onto a preapproved route where operations may begin. The City Council may further restrict the hours and dates of operation in pedal carriage permitted zone of operation for any or all pedal carriage companies. (B) Route Approval. (1) All routes outside of the permitted zone of operation shall be approved by the Police Department. (2) Operators shall submit to the Police Department all requests for temporary changes in preapproved routes, or for participation in special events such as festivals, parades or weddings, not less than three (3) days before the effective date of the change or event. (C) No pedal carriage shall be operated in a location where such operation is not authorized by this ordinance or prohibited by the laws of the State of Arkansas or the Fayetteville City Code. (D) The operator of a pedal carriage shall maintain at least one (1) hand on the steering wheel at all times during movement of the pedal carriage. (E) No pedal carriage shall be operated on a street with posted speed limit of thirty-five (35) miles per hour or greater except for the purpose of crossing that street, unless authorized by the Police Department. (F) No pedal carriage shall be operated using a gas powered assist motor. 117.123 - Pedal Carriage Driver's Permit (A) Pedal Carriage Driver's Permit Required. No person shall operate a pedal carriage for hire or for a gratuity upon the streets of the city, and no person who owns or controls a pedal carriage shall permit it to be so operated, unless the driver of said vehicle shall have first obtained and shall have then in force a pedal carriage driver's permit issued under the provisions of this article. (B) Pedal Carriage Driver's Permit Application. (1) An application for a pedal carriage driver's permit shall be filed with the Fayetteville Police Department on forms provided by the city. Such application shall be verified under oath and shall contain the following information: (a) Valid current Arkansas Driver's license; (b) The names and addresses of four (4) residents of the county, who have known the applicant for a period of one (1) year and who will vouch for the sobriety, honesty, and general good character of the applicant; (c) A concise history of the applicant's employment; and (d) Proof of existing employment or a promise of employment when a pedal carriage driver's permit is issued with the pedal carriage company that has a valid Certificate of Public Convenience and Necessity. (C) Police Background Check. The Police Department shall conduct an background check of each applicant for a pedal carriage driver's permit, and a report of such background check with a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Chief of Police. (D) Issuance of Permit. The Chief of Police or designee shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the City Council to offer evidence why his/her application should be reconsidered. (E) Form and Term of Permit. (1) Upon approval of an application for a pedal carriage driver's permit, the Chief of Police or designee shall issue a permit to the applicant for an issuance fee of $35.00, which shall bear the name, address, age, signature, and photograph of the applicant. (2) The pedal carriage driver's permit shall remain in effect unless suspended or revoked until January 31, the following year. The pedal carriage driver's permit may be reissued for another year for a reissuance fee of $35.00 by the Chief of Police or designee after ensuring the applicant continues to meet all requirements of this section. (F) Application Returned to Pedal Carriage Company. When a driver's permit is issued, the application and supporting information shall be returned to the holder of the Certificate of Public Convenience and Necessity to be held by the certificate holder so long as the driver is employed by the certificate holder. 117.124 - Display Of Permit Every permittee under this article shall post his or her driver's permit in such a place as to be in full view of all passengers while the driver is operating a pedal carriage. 117.125 - Suspension, Revocation Of Permit The Chief of Police or Assistant Chief is given the authority to suspend any pedal carriage driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article, such suspension to last for a period of not more than ten (10) days. The Chief of Police or Assistant Chief is also given authority to revoke any driver's permit for failure to comply with the provisions of this article of for the violation of any local, state or federal law. However, a permit may not be suspended or revoked unless the driver has received notice and has had an opportunity to present evidence in his or her behalf. 117.126 - Insurance Requirements (A) A holder shall procure and keep in full force and effect commercial general liability insurance written by an insurance company approved by the State of Arkansas and acceptable to the city and issued in the standard form approved by the State Board of Insurance. All provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city as additional insured and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a pedal carriage service by the holder. (B) The commercial general liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one million dollars ($1,000,000.00) for each occurrence and $5,000,000.00 aggregate, and shall include coverage for premises operations, independent contractors, products, completed operations, personal injury, and contractual liability. (C) Insurance required under this section must include: (1) A cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or making a material change to the insurance policy; and, (2) A provision to cover all pedal carriages, whether owned or not by the holder if operated under the holder's Certificate of Public Convenience and Necessity. (D) No insurance required by this section may be obtained from an assigned risk pool. (E) A Certificate of Public Convenience and Necessity will not be granted and renewed unless the applicant or holder furnishes the city with such proof of insurance as the city considers necessary to determine whether the applicant or holder is adequately insured under this section. (F) If the insurance of the holder lapses or is canceled and new insurance is not obtained, the Certificate of Public Convenience and necessity shall be suspended until insurance coverage required by this section has been obtained. A person shall not operate a pedal carriage service while the certificate is suspended under this section. (G) The holder shall provide adequate employer's liability insurance for the employees as provided by law. 117.127 - Conduct Of Drivers Drivers shall at all times: (A) Act in a reasonable, prudent, and courteous manner, including with disorderly passengers; (B) Maintain a sanitary and well-groomed appearance; (C) Not inhale or consume any alcoholic beverage, drug, or other substance that could adversely affect his or her ability to operate a pedal carriage; (D) Not permit a person other than another employee of the pedal carriage service with a valid pedal carriage driver's permit to operate a pedal carriage under his or her control; (E) Not permit any person to ride on a place not intended for passengers of the pedal carriage. (F) Ensure compliance with the City's noise ordinance. (G) Follow all applicable traffic regulations, whether in the City of Fayetteville Code of Ordinance or in Arkansas law, and shall not stop to load or unload passengers in the intersections of any streets, in any crosswalk, or in any manner or location that would impede the flow of traffic or be considered unsafe. 117.128 - Pedal Carriage Equipment; Inspection (A) Inspection and Maintenance. Each pedal carriage shall comply with all the safety requirements imposed by all state, federal or local laws. Each pedal carriage shall submit to an annual inspection for compliance with the requirements of this article. The inspection shall be performed by the Transportation Services Department. The fee for inspection shall be $50.00 per pedal carriage inspected. No certificate shall be issued or continued in operation unless the holder thereof provides proof of annual pedal carriage inspection for each pedal carriage in service. (B) Required Equipment. A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each pedal carriage: (1) Headlight; (2) Taillights; (3) Lights or reflectors on the front and rear corners of the passenger compartment; (4) Approved braking system, which shall include hydraulic or mechanical disc or drum brakes, or other type of brakes that are unaffected by rain or wet conditions, as well as a secondary braking system; (5) Pneumatic tires that conform with the manufacturer's specifications on all wheels with adequate tread depth; (6) Evidence of insurance and city map; (7) Mirror; (8) No exposed rust, ripped upholstery or fabric, visible chips or scratches on any painted surface, exposed wood that is not painted and in good condition, or dirt or debris on any surface accessible to passengers. (9) Rate card complying with their Certificate of Convenience and Necessity and this code posted in clear view of passengers; (10) Child safety helmet available for passenger use; (11) Sound -warning device; (12) The identification number assigned by the Fayetteville Police Department for the pedal carriage and telephone number of the pedal carriage company shall be displayed on the rear of the pedal carriage with numerals no smaller than 2 inches in height and 1 inch in width. 117.129 — Rate Schedules The holder shall maintain a current rate schedule on file with the Police Department and shall not advertise or charge any rate or fee other than the amount on file. 117.130 - Transfer Of Certificate No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Council. 117.131 - License Fees No certificate shall be issued unless the applicant has paid a license fee of $100.00 to offset the administrative costs to issue a Certificate of Public Convenience and Necessity. 117.132 - Suspension, Revocation, And Cancellation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Fayetteville City Council if the holder thereof has: (1) Violated any of the provisions of this article; (2) Violated any ordinances of the city, or the laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (B) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (C) If any holder of a certificate goes out of business, fails to operate under the certificate for one (1) calendar year, fails to have any vehicle inspected to operate under the certificate for one (1) calendar year or fails to have any driver or operator properly permitted under the certificate for one (1) calendar year, the holder's Certificate of Public Convenience and Necessity shall be deemed abandoned and shall be denoted as cancelled and invalid by the City Clerk. 117.133 - Number Of Passengers In Pedal Carriages Limited Pedal carriage drivers must ensure that the manufacturer rated carrying capacity of their pedal carriages is never exceeded. 117.134 - Pedal Carriages May Not Use Public Sidewalks, Trails, or Closed Streets Pedal carriages may not operate on or park on public sidewalks in Fayetteville. Pedal carriages must pay a full normal parking space fee when stopped for more than one (1) minute or parked within a paid parking space. Pedal carriages shall not be operated on any trails in the city or on any closed street. 117.135 - A.D.A. Compliance Holders shall comply with all applicable provisions of the Americans with Disabilities Act. 117.136 — Accidents All accidents arising from or in connection with the operation of a pedal carriage shall be immediately reported to the Police Department if the accident results in death or bodily injury to any person or damage to any vehicle or property in an amount exceeding five hundred dollars ($500.00). Any other accident shall be reported to the Police Department within seventy-two hours from the time of the accident occurrence. Agenda Session Walk On 4/14/20 Legistar ID No.: 2020-0329 AGENDA REQUEST FORM FOR: Council Meeting of April 21, 2020 FROM: Mayor Lioneld Jordan and City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS GRANTED TO MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020 UNTIL JUNE 2, 2020 APPROVED FOR AGENDA: Mayor yf /3 U ate L/ -iI -moo City Attorney Kit Williams Date o= pnrfire � d r r II «r= HRA"AN51•S 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6292 File Number: 2020-0249 TEMPORARY EXTRAORDINARY POWERS: AN ORDINANCE TO GRANT THE MAYOR TEMPORARY EXTRAORDINARY POWERS TO PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND TO PASS AN EMERGENCY CLAUSE WHEREAS, "municipal corporations shall have the power to make. ordinances which as to them, shall seem necessary to provide for the safety, preserve the health of such corporations and the inhabitants thereof." (A.C.A. §14-55-102 Purposes generally); and WHEREAS, the Covid-19 virus presents a grave and growing danger to the health of our citizens and residents so that the City Council should empower Mayor Jordan to take needed measures as recommended by the Center for Disease Control (CDC), the Arkansas Department of Health, or other recognized scientific and health authorities to slow the spread of this pandemic; and WHEREAS, these extraordinary powers shall include prohibiting the gathering of more than fifty persons, possibly requiring restaurant and bar owners to check each guest prior to admission into their establishment to ensure they do not have a fever associated with Covid-19, and other powers. 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 enacts the following: EMERGENCY RESPONSE TO COVID-19 VIRUS PANDEMIC BY GRANTING NEW, TEMPORARY POWERS TO MAYOR JORDAN TO PRESERVE THE HEALTH OF FAYETTEVILLE RESIDENTS. Page 1 Printed on 3117120 File Number 2020-0249 Ordinance 6292 WHEREAS, the City of Fayetteville's most important duty is the preserve the health and safety of its citizens and other inhabitants; and WHEREAS, the Covid-19 Pandemic now presents a grave threat of illness and death to every American and every Fayetteville resident; and WHEREAS, the City Council has determined that Fayetteville's public health and safety require that the City Council place extraordinary powers within the Mayor's authority to better protect our citizens during this pandemic emergency. IT IS THEREFORE AGREED AND ENACTED that Mayor Jordan shall have the following powers and duties during the first phase of Fayetteville's efforts to protect its citizens beginning immediately upon the passage and enactment of this ordinance and emergency clause and ending (unless renewed by City Council Resolution) on April 29, 2020. (1) Mayor Jordan may regulate or prohibit the gathering of residents in public or private places serving the public (restaurants and bars). (2) Mayor Jordan may locally enforce recommendations from the Center of Disease Control (CDC), Arkansas Department of Health and other recognized scientific or health authorities with regulations or prohibitions of activities that could increase spreading of the Covid-19 Pandemic. (3) Mayor Jordan may take other necessary actions to promote and preserve the health and safety of our citizens and residents. (4) All regulations and actions taken by Mayor Jordan pursuant to this ordinance during this emergency shall have the full force of law and shall be interpreted and enforced pursuant to Chapter 10: General Provisions of the Fayetteville Code. Section 2: Emergency Clause The Fayetteville City Council recognizes that Fayetteville and its citizens are under dire threat from the Covid-19 Pandemic and that our citizens' health and safety require that this ordinance granting the Mayor extraordinary temporary powers to protect our citizens constitutes an emergency such that this ordinance must and will go into full force and effect immediately upon is passage and approval. PASSED and APPROVED on 3/16/2020 Page 2 Printed on 3117120 File Number. 2020-0249 Ordinance 6292 Attest: Kara Paxton, City Clerk Treasurer Page 3 Printed on 3/17/20 AGENDA SESSION WALK ON 4/14/20 Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2020-0319 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/9/2020 COMMUNITY RESOURCES (642) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an amendment to the GY2019 Community Development Block Grant (CDBG) Action Plan to reflect CARES Act supplemental CDBG funding and approval of authority for the Mayor to execute the Amendment upon receipt and for all transactions related to distribution of the additional funds. Staff also recommends approval to submit a budget adjustment recognizing CARES Act supplemental CDBG funding and allocation of funds upon receipt of funds and guidance from HUD. Budget Impact: 2180 - CDBG Account Number Fund NA NA Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? I01r No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 436,285.00 $ 436,285.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff ; FROM: Yolanda Fields, Community Reso s Director DATE: April 9, 2020 CITY COUNCIL MEMO SUBJECT: Approval of Amendment to the CDBG GY2019 Action Plan and Authority for Mayor to Execute Agreement. RECOMMENDATION: Staff recommends approval of an amendment to the GY2019 Community Development Block Grant (CDBG) Action Plan to reflect CARES Act supplemental CDBG funding and approval of authority for the Mayor to execute the Amendment upon receipt and for all transactions related to distribution of the additional funds. Staff also recommends approval to submit a budget adjustment recognizing CARES Act supplemental CDBG funding and allocation of funds upon receipt of funds and guidance from HUD. BACKGROUND: Fayetteville has been a CDBG Entitlement City for more than 40 years. The CARES Act includes supplemental CDBG funding which requires an amendment to the GY2019 Action Plan. DISCUSSION: The City of Fayetteville CARES Act supplemental CDBG funding award is $436,285 Approval of the Mayor's authority to execute the Amendment upon receipt will expedite the release of funds Approval for all transactions related to distribution of funds and to submit a budget adjustment recognizing the funds upon receipt of funds and guidance from HUD will allow for funds to begin assisting the community in a timely manner as the CARES Act intends. BUDGET/STAFF IMPACT: CARES Act supplemental CDBG funding - $436,285. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 14, 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 April 14, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions A. Consent: A. 1 2019-0975 APPROVAL OF THE APRIL 7, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0290 BID #20-32 THORPE PLANT SERVICES, INC.: A RESOLUTION TO AWARD BID #20-32 AND AUTHORIZE THE PURCHASE OF A CHEMICAL STORAGE TANK FROM THORPE PLANT SERVICES, INC. IN THE AMOUNT OF $41,974.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY A.3 2020-0250 RECREATIONAL TRAILS PROGRAM GRANT FUNDS - LAKE FAYETTEVILLE: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM GRANT FUNDS IN THE AMOUNT OF $440,000.00 FOR THE RECONSTRUCTION AND IMPROVEMENT TO THE SECTION OF THE LAKE FAYETTEVILLE SHARED -USE PAVED TRAIL ACROSS THE DAM, AND TO APPROVE A CITY MATCH OF $110,000.00 FOR THE PROJECT City of Fayetteville, Arkansas Page 2 Printed on 41812020 City Council Agenda Session Tentative Agenda April 14, 2020 A.4 2020-0251 ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT FUNDS IN THE AMOUNT OF $500,000.00 FOR THE CONSTRUCTION OF THE CLABBER CREEK TRAIL TUNNEL UNDER GARLAND AVENUE AT VAN ASCHE DRIVE, AND TO APPROVE A CITY MATCH OF $125,000.00 FOR THE PROJECT A.5 2020-0293 HOUSING SUCCESS PROGRAM: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $25,000.00 RECOGNIZING FUNDING FOR THE HOUSING SUCCESS PROGRAM FROM THE ENDEAVOR FOUNDATION A.6 2020-0178 WALTON FAMILY FOUNDATION: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $3,000,000.00 FOR THE RECONSTRUCTION OF MAPLE STREET FROM RAZORBACK REGIONAL GREENWAY TO GARLAND AVENUE B. Unfinished Business: B. 1 2020-0160 ENACT ARTICLE X PEDAL CARRIAGES: AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 117: VEHICLE -RELATED BUSINESSES At the March 16, 2020 Special City Council meeting this ordinance was tabled. City of Fayetteville, Arkansas Page 3 Printed on 41812020 City Council Agenda Session Tentative Agenda April 14, 2020 At the April 7, 2020 City Council Meeting this item was left of the first reading. B.2 2020-0265 RZN 20-6984 (2160 N. CROSSOVER RD./SALMON-KLINGER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6984 FOR APPROXIMATELY 2.25 ACRES LOCATED AT 2160 NORTH CROSSOVER ROAD FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES AND FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL At the April 7, 2020 City Council Meeting this item was amended and left on the first reading. C. Public Hearing: C. 1 2020-0292 ZION ROAD CONSTRUCTION PROJECT CONDEMNATION AND POSSESSION: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY TRACY GADDY-MAYES NEEDED FOR THE ZION ROAD CONSTRUCTION PROJECT D. New Business: D. 1 2020-0296 AMEND RESOLUTION 33-20: A RESOLUTION TO AMEND RESOLUTION 33-20 TO REDUCE THE AMOUNT OF REAPPROPRIATIONS TO THE 2020 BUDGET BY $4,608,000.00, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 41812020 City Council Agenda Session Tentative Agenda April 14, 2020 D. 2 D. 3 L .I 2020-0291 HAWKINS-WEIR, ENGINEERS, INC. AMEND 1 - BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $46,680.00 FOR ADDITIONAL CONCEPTUAL DRAINAGE DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION ASSOCIATED, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT 2020-0311 CRAFT BEARING COMPANY, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE EMERGENCY PURCHASE OF TWO REPLACEMENT BEARINGS FOR THE THERMAL DRYER FROM CRAFT BEARING COMPANY, INC. FOR THE BIOSOLIDS MANAGEMENT SITE IN THE TOTAL AMOUNT OF $36,505.60 PLUS APPLICABLE TAXES AND FREIGHT CHARGES 2020-0282 RZN 20-7014 (1324 W. MT. COMFORT RD./TILLMAN B, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7014 FOR APPROXIMATELY 0.27 ACRES LOCATED AT 1324 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 5 Printed on 41812020 City Council Agenda Session Tentative Agenda April 14, 2020 D. 6 D. 7 2020-0283 RZN 20-7020 (NORTH OF 540 W. PRAIRIE ST./PEARSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED AT NORTH OF 540 WEST PRAIRIE STREET FROM 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL 2020-0284 RZN 20-7030 (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7030 FOR APPROXIMATELY 2.00 ACRES LOCATED AT SOUTHEAST OF EAST HUNTSVILLE ROAD AND SOUTH RIVER MEADOWS FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO CS, COMMUNITY SERVICES 2020-0263 ANX 20-6995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX) APPEAL: AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20-6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COMFORT City of Fayetteville, Arkansas Page 6 Printed on 41812020 City Council Agenda Session Tentative Agenda April 14, 2020 D.8 2020-0264 RZN 20-6996 (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT REZONE) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6996 FOR APPROXIMATELY 152.00 ACRES LOCATED AT HUGHMOUNT ROAD NORTH OF MOUNT COMFORT ROAD TO R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE; RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS-G, NEIGHBORHOOD SERVICES -GENERAL D.9 2020-0262 AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE -RELATED BUSINESSES E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: H. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 41812020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0975 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A. 1 APPROVAL OF THE APRIL 7, 2020 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 41812020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0290 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 2 BID #20-32 THORPE PLANT SERVICES, INC.: A RESOLUTION TO AWARD BID #20-32 AND AUTHORIZE THE PURCHASE OF A CHEMICAL STORAGE TANK FROM THORPE PLANT SERVICES, INC. IN THE AMOUNT OF $41,974.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 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 #20-32 and authorizes the purchase of a chemical storage tank in the amount of $41,974.00 plus applicable taxes and freight charges from Thorpe Plant Services, Inc. for use at the Noland Water Resource Recovery Facility. City of Fayetteville, Arkansas Page 1 Printed on 41812020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0290 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/30/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #20-32 and approving the purchase of a chemical storage tank for the Noland Water Resource Recovery Facility from Thorpe Plant Services, Inc. in the amount of $41,974.00 plus applicable taxes. Budget Impact: 5400.730.5800-5801.00 Water and Sewer Account Number Fund 02032.1 WWTP - Building Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 3,207,504.00 Funds Obligated $ 972,667.00 Current Balance $ 2,234,837.00 Does item have a cost? Yes Item Cost $ 46,066.47 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 2,188,770.53 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Taxes are estimated at $4,092.47 for an estimated total cost of $46,066.47. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Greg Weeks, Area Manager DATE: March 30, 2020 SUBJECT: Bid #20-32 — Thorpe Plant Services, Inc. Sodium Hypochlorite Storage Tank CITY COUNCIL MEMO RECOMMENDATION: Staff recommends awarding Bid #20-32 to Thorpe Plant Services, Inc. for the replacement of a chemical storage tank for the Noland Water Resource Recovery Facility in the amount of $41,974.00 plus applicable taxes. BACKGROUND: In 2007, the Noland WRRF completed several upgrades including the addition of 2 fiberglass reinforced plastic (FRP) tanks to store chemicals on -site. One of these tanks has been used to store sodium hypochlorite (bleach) that is used at Noland for filter -cell cleaning, UV channel cleaning, and normal operation of the facility's two odor scrubbers. In recent years, the bleach storage tank has developed a leak. Upon inspection, a hairline crack was discovered along the base of the tank. The leak is contained, but the protective coating on the containment barrier surrounding the tank has been damaged. Unfortunately, the crack is inaccessible from the outside and feedback from industry professionals tell us the cost and life - expectancy of a tank repair outweighs the cost of a tank replacement. DISCUSSION: In January, the City of Fayetteville solicited bids to replace the bleach storage tank. The City received four sealed bids on February 18, 2020 with Thorpe Plant Services submitting the lowest bid that met specifications. Bidder Bid Thorpe Plant Services, Inc. $41,974.00 Plastic -Mart $46,400.00 DJ Shubeck Co $61,559.00 Mercaterra Atlantic, LLC $62,990.00 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Staff recommends awarding Bid #20-32 to Thorpe Plant Services, Inc. for the replacement of a chemical storage tank for the Noland Water Resource Recovery Facility in the amount of $41,974.00 plus applicable taxes. Taxes are estimated at $4,092.47 for an estimated total cost of $46,066.47. Freight is included in the bid pricing. BUDGET/STAFF IMPACT: Funds are available in WWTP — Building Improvements account within the Water & Sewer Fund. Attachments: Bid Tab Submittal AlOth CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid 20-32, Sodium Hypochlorite Storage Tank Official Bid Tabulation Lioneld Jordan, Mayor Date of Advertisement: 1/27/2020 Date of Issue: 2/18/2020 Bid No. 20-32 Date: 02.18.2020 Time: 2:00 PM D. J. Shubeck Company Mercaterra Atlantic LLC Plastic - Mart Thorpe Plant Services, Inc. QiV Item Description Extended Price Extended Price Extended Price Extended Price Sodium Hypochlorite Storage Vessel (7,600-gallon capacity) $61,559.00 $ 62,990.00 $ 44,000.00 $ 41,974.00 Total Balance: $ 61,559.00 $ 62,990.00 $ 44,000.00 $ 41,974.00 U CPPO Les McGaugh NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. 7Th77KTharpp PROPOSAL NO. 20370026 February 17, 2020 City of Fayetteville, Arkansas Purchasing Division, Room 306 113 W. Mountain Fayetteville, AR 72701 Attention: Adonis Bwashi, Purchasing Agent a bwas h i(ia7fay ettev i l le -a r.g ov P: 479.575.8258 Subject: Bid 20-32, Sodium Hypochlorite Storage Tank In response to your inquiry, Thorpe Plant Services, Inc. is pleased to submit the following budget proposal for the subject project. SCOPE OF WORK Thorpe Plant Services, Inc. shall furnish all supervision, labor, tools, equipment and materials, as noted in this proposal, to design, prepare and submit approval drawings, manufacture, and load for shipment the following vessels. The vessels will be designed and fabricated in general accordance with ASME RTP-1 2017, drawings, specifications and Thorpe Plant Services, Inc. standards as applicable. ONE (1): 10'-0" ID X 13'-0" Straight Shell Tank Flat Bottom & Domed Top Vertical Vessel with the following appurtenances: Qty Size Description 5 ea. 2" Flanged Nozzle 50 PSI, ANSI 150# Drilling 1 ea. 3" Flanged Nozzle 50 PSI, ANSI 150# Drilling 1 ea. 4" Flanged Nozzle 50 PSI, ANSI 150# Drilling 1 ea. 6" Flanged Nozzle 50 PSI, ANSI 150# Drilling 1 ea. 24" Top Manway with Cover, EPDM Gasket, and 304 SS Bolt Sets 1 ea. 24" Side Manway with Cover, EPDM Gasket, and 304 SS Bolt Sets 1 ea. 2" Pol isoc anurate Foam Insulation on Dome Top and Shell w/ FRP Jacket 1 ea. FRP Caged Ladder with FRP 360' Perimeter 2-Rail Handrail with Safety Gate 1 ea. Non -Skid Surface Coating on Domed To 1 ea. Stainless Steel Nameplate with FRP Mounting Bracket 1 ea. Four Hour Oven Post Cure 1 ea. Shop Hydro Test _ 2 ea. 304 Stainless Steel Lifting Trunnions TBD J_ 304 Stainless Steel Anchor Lugs (Final Quantity & Size to be determined by Engineering) THORPE PLANT SERVICES, INC. www.ThorpePME.(orn 228 West Industrial Park Road, Harrison, AR 7�601 - Phone: (870) 391-4792 - Fax: (870) 391-5215 City of Fayetteville, Arkansas Proposal No. 20370026 February 17, 2020 Page 2 of 5 PRICING TOTAL FCA — Harrison, AR............................................................................ $39,807.00 USD SHIPPING & HANDLING ESTIMATE — Fayetteville, AR .................................... $2,167.00 USD TOTAL FOB — Fayetteville, AR....................................................................... $41,974.00 USD DESIGN CONDITIONS Design Basis: ASME RTP-1, 2017 Code Stamp: No (or Yes at no additional cost) Service: 12.5% Sodium Hypochlorite Temperature: 120OF Specific Gravity: 1.18 Pressure: Atmospheric Buoyancy: No Seismic: ASCE 7-10, Risk Category II, & Site Class D, le=1.0 Wind Load: ASCE 7-10 (120 MPH) MATERIALS OF CONSTRUCTION Resin: Liner - Premium Bisphenol Epoxy Vinyl Ester resin, DerakaneTm 411 with a CoNAP/MEKP cure Structure - Premium Bisphenol Epoxy Vinyl Ester resin, DerakaneTm 411 with a CoNAP/MEKP cure Laminate: Interior Surface - 1 Layer of Nexus & 1 Layer of C-Veil Interior Layer - Owens Corning Advantex Chopped ECR Glass for a nominal corrosion liner thickness of 120 Mils * Please see Technical Note 8 Structural Wall - Tank shell will be filament wound with 250 yield strand to specified thickness. Uni directional roving will be used to achieve designed axial strength as required. Top, Bottom, Fittings and Joints will be contact molded with alternating plies of 1 '/ oz. chopped strand and 24 oz. per sq. yd. woven roving. * Please see Technical Note 8 Exterior - Mist Grey Protective Gel -Coat Surface coat with Wax and UV Inhibitor City of Fayetteville, Arkansas Proposal No. 20370026 February 17, 2020 Page 3 of 5 COMMERCIAL CLARIFICATIONS & EXCEPTIONS General Commercial: 1. Pricing effective for 30 days. 2. Taxes are not included. 3. The quoted pricing is all inclusive; separate items may need to be requoted for partial services. 4. Shipping & Handling: Estimate Included a. Shipping & Handling is based on our preliminary, estimated overall dimensions of 11'-2" Wide x 11'-2" H x 15'-6" L. If dimensions change after completion of the drawings, due to ladders, platforms, nozzle orientations, etc., freight cost will be re- evaluated, adjusted, and charged accordingly. b. Shipping includes a 10% handling charge. Price is subject to change based on shipper's final invoice c. If route surveys, bucket/utility trucks, or state police escorts are required, these items will be charged and passed through as required. 5. Payment Terms a. Invoices are payable Net 30. b. 25% of the contract amount will be invoiced and payable upon initial submittal of engineering drawings c. 25% of the contract amount will be invoiced and payable upon purchase of raw materials and release for fabrication. d. The balance will be invoiced and payable upon completion of fabrication and offer to ship. 6. Customer liquidated damages are not applicable. 7. Warranties for items not manufactured by Thorpe Plant Services, Inc. are passed through to original manufacturer. 8. This proposal is based on working standard workweek hours and does not include any overtime for nights, weekends, or holidays 9. Final terms and conditions to be reviewed and mutually agreed upon at the time of release of a purchase order. TECHNICAL CLARIFICATIONS & EXCEPTIONS 1. Gaskets, where identified herein, are quoted at 1/8" thickness 2. Nozzles 4" in diameter and smaller are plate gusseted. Nozzles are not designed to accommodate loading, per Industry Standards. It is recommended that all piping be independently supported. 3. Vessels will be cushioned with carpet rolls during transport. Unless specified, tanks will not be crated, palletized, tarped, shrink/bubble wrapped or covered with protective coatings 4. The following Thorpe Plant Services, Inc. standard QA/QC tests are included: Ultrasonic Thickness, Acetone Sensitivity and Barcol Hardness tests. 5. Unless stated otherwise, a Thorpe Plant Services, Inc., a standard FRP encapsulated nameplate is included. 6. Fasteners and gaskets are from our general suppliers and may or may not be from American made stock. 7. Fabrication dimensional tolerances are per ASME RTP-1 2017 8. Application of chopped strand layers will employ our computerized, slave -driven guns for the cylindrical shell. The top dish and flat bottom major component chopped strand layers will be applied by certified personnel using hand held chopper guns. City of Fayetteville, Arkansas Proposal No. 20370026 February 17, 2020 Page 4 of 5 ITEMS NOT INCLUDED 1. Verification of foundation flatness. 2. Foundations, anchor bolts, anchor bolt templates or anchor bolt calculations including pull out, edge distance and embedment depth 3. Foundation pad 4. Piping, bolts, nuts, valves and gaskets required that are not identified herein or any items not explicitly stated in the above scope of work. 5. Offloading, rigging plan or installation 6. Electrical and mechanical equipment and connections SCHEDULE Engineering: o Engineering drawings will be ready for client review in 3-4 weeks after acceptance of order and clarification of all commercial details o Client review of drawings not to exceed 1 week • Shop Manufacturing: o Estimated lead time for shop fabrication is 6-8 weeks after we receive a formal, written approval to start fabrication (issued for fabrication drawings) and is contingent upon shop backlog and the availability of tooling and manpower at the time of release. BID DOCUMENT LIST • Below is a list of documents that were provided by the customer with the RFQ. r Drawing # or Specification # I Sheet # I Revision # Date Bid 20-32, Sodium Hypochlorite Storage Tank 17 0 01 /27/20 We trust that you will find our proposal attractive and acceptable. If we can provide additional information, please contact us. You can also visit us on the web at www.ThorpePME.com. Sincerely, r� JASON DAVENPORT I Harrison Corrosion - Estimator THORPE PLANT SERVICES, INC. 1 228 W. Industrial Park Rd. I Harrison, AR 72601 Office: 870.391.47661 Fax: 870.391.5215 Jason. DayenpoThorpePME com I www.ThorioePME.com One second can change your life... keep that second safe! Thorpe Purchase Order Terms and Conditions Invoices and Payment: Seller shall submit invoices to Buyer in a timely manner. Buyer shall pay Seller within thirty (30) days of receipt of Seller's invoice. 2. Delivery: Unless otherwise stated on the face of this Order, the delivery terms shall be Ex -works — Seller's facility, in accordance with the most recent edition of Incoterms. 3. Warranty: Seller warrants that Goods manufactured by Seller shall be of good quality and free of defects in materials and workmanship. The warranty period shall be twelve (12) months from the date of installation or eighteen (18) months from the date of shipment, whichever is earlier. In the event any Goods provided hereunder are found to be defective within the warranty period, Seller shall, at its option, either repair or replace such defective Goods in accordance with the original delivery terms, or refund the purchase price for such defective Goods. Seller warrants that Services provided hereunder shall be performed in a professional and workmanlike manner consistent with applicable and generally acceptable industry standards. The warranty period shall be twelve (12) months from the date of completion. In the event any Services provided hereunder are shown to be defective within the warranty period, Seller shall, at its option, either re -perform such defective Services or refund the amounts paid by Buyer for such defective Services. Notice of a claim under this warranty must be provided to Seller in writing by Buyer prior to the expiration of the applicable warranty period. Seller shall have a reasonable period to -ivestigate. With respect to Goods manufactured or supplied by chers, Seller shall use reasonable efforts to assign all applicable manufacturers' warranties to Buyer, or otherwise ensure that such warranties are for the benefit of Buyer. It is expressly understood that Seller makes no performance guarantee and that Seller cannot guarantee that failure will not occur, as Seller has no control over the operation of the Goods or the conditions under which the Goods are subjected in service. The above warranties shall not apply where failure is due to causes other than defective materials and workmanship, including without limitation faulty installation by others, normal wear and tear, improper operation, excessive temperatures or pressures, corrosion, mechanical abuse, and operation at conditions more severe than specified. Buyer's remedies for defective Goods or Services shall be limited to the remedies set forth herein. Seller disclaims all other warranties of any kind, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Seller's total liability for claims related to defective Goods or Services shall be limited to the Order value of such defective Goods or Services. 4. Consequential Damages: Notwithstanding anything contained herein, in no event shall Seller be liable to Buyer in any action or claim based on incidental, exemplary, special, punitive, indirect, or consequential damages, including but not limited to loss of profit, loss of revenue, loss of product, loss of use, business interruption, facility downtime, or for loss of data, technology, rights, or services. These limitations shall apply whether the 'ability is based in contract, warranty, tort (including negligence ad strict liability), statute, or otherwise. In no event shall Seller be liable for liquidated damages or other damages attributable to delay. 5. Limitation of Liability: Seller's total cumulative liability in connection with this Order shall not exceed the Order price. 6. Default: If Buyer is in default of its obligations under this Order, including without limitation if Buyer fails to pay Seller's invoices when due, Seller shall have the right to (1) suspend performance of the Order until Buyer's default has been cured or (2) terminate this Order. In either event, Buyer shall pay Seller for all costs, expenses, and damages incurred due to such default, suspension, and/or termination. These remedies shall be in addition to any remedies available to Seller at law or in equity. 7. Changes: The Parties may agree in writing, without invalidating this Order, to make changes in the Goods or Services consisting of additions, deletions, or other revisions, with the Order price and time for completion being adjusted accordingly. No change shall be valid unless expressly agreed to in writing by both Parties. 8. Entire Agreement: This Order constitutes the entire agreement and understanding between Seller and Buyer with respect to the Goods and/or Services and supersedes all prior proposals, negotiations, agreements, and understanding related to the Goods and/or Services, except as otherwise explicitly made a part of this Order, and may not be contradicted by evidence of prior or subsequent oral agreements between Buyer and Seller. Any terms and conditions set forth in any document of Buyer's, including without limitation Buyer's purchase order or order confirmation, are hereby rejected by Seller and are null and void, except to the extent explicitly agreed to in writing by Seller. 9. Severability: In case any one or more of the provisions contained in this Order shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Order shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein if to do so will not vitiate the substance of the Order and the remaining provisions shall remain in full force and effect. 10. Governing Law and Dispute Resolution: Any dispute arising out of or in connection with this Order shall first be settled through good faith negotiations between representatives of Seller and Buyer. If good faith negotiations fail, the Parties may elect to arbitrate any claims or disputes arising in connection with this Order in accordance with the then current Construction Industry Rules of the American Arbitration Association. Any arbitration hereunder will be held in Houston, Texas, and in the event of litigation, the Parties agree that the venue for any lawsuit shall be in Houston, Texas. This Order shall be governed and construed in accordance with the laws of the State of Texas. Rev 12/13/16 Addendum to Invitation to Bid: Bid 20-32, Sodium Hypochlorite Storage Tank Thorpe Plant Services, Inc. February 17, 2020 The bid proposal submitted by Thorpe Plant Services, Inc. ("Thorpe") includes the following terms and conditions, to be included in any resulting contract: Warranty: Seller warrants that Goods manufactured by Seller shall be of good quality and free of defects in materials and workmanship. The warranty period shall be twelve (12) months from the date of installation or eighteen (18) months from the date of shipment, whichever is earlier. In the event any Goods provided hereunder are found to be defective within the warranty period, Seller shall, at its option, either repair or replace such defective Goods in accordance with the original delivery terms, or refund the purchase price for such defective Goods. Seller warrants that Services provided hereunder shall be performed in a professional and workmanlike manner consistent with applicable and generally acceptable industry standards. The warranty period shall be twelve (12) months from the date of completion. In the event any Services provided hereunder are shown to be defective within the warranty period, Seller shall, at its option, either re -perform such defective Services or refund the amounts paid by Buyer for such defective Services. Notice of a claim under this warranty must be provided to Seller in writing by Buyer prior to the expiration of the applicable warranty period. Seller shall have a reasonable period to investigate. With respect to Goods manufactured or supplied by others, Seller shall use reasonable efforts to assign all applicable manufacturers' warranties to Buyer, or otherwise ensure that such warranties are for the benefit of Buyer. It is expressly understood that Seller makes no performance guarantee and that Seller cannot guarantee that failure will not occur, as Seller has no control over the operation of the Goods or the conditions under which the Goods are subjected in service. The above warranties shall not apply where failure is due to causes other than defective materials and workmanship, including without limitation faulty installation by others, normal wear and tear, improper operation, excessive temperatures or pressures, corrosion, mechanical abuse, and operation at conditions more severe than specified. Buyer's remedies for defective Goods or Services shall be limited to the remedies set forth herein. Seller disclaims all other warranties of any kind, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Seller's total liability for claims related to defective Goods or Services shall be limited to the Order value of such defective Goods or Services. Consequential Damages: Notwithstanding anything contained herein, in no event shall Seller be liable to Buyer in any action or claim based on incidental, exemplary, special, punitive, indirect, or consequential damages, including but not limited to loss of profit, loss of revenue, loss of product, loss of use, business interruption, facility downtime, or for loss of data, technology, rights, or services. These limitations shall apply whether the liability is based in contract, warranty, tort (including negligence and strict liability), statute, or otherwise. In no event shall Seller be liable for liquidated damages or other damages attributable to delay. Limitation of Liability: Seller's total cumulative liability in connection with this Order shall not exceed the Order price. City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 is FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 20-32, SODIUM HYPOCHLORITE STORAGE TANK DEADLINE: Tuesday, February 18, 2020 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Monday, January 27, 2020 INVITATION TO BID Bid 20-32, Sodium Hypochlorite Storage Tank No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm Thorpe Plant Services, Inc. Contact Person: Paul DiCarlo Vice President / Engineering, Estimating, Title: Director E-Mail: aul.dicarlo thor a me.com Phone: 870.391.4766 Business Address City: Harrison Signature 228 West Industrial Park Road � /926'z_� City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 1 of 14 State: Arkansas Zip: 72601 Date: 02/17/20 City of Fayetteville Bid 20-32, Sodium Hypochlorite Storage Tank Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-32, Sodium Hypochlorite Storage Tank The City is seeking bids from qualified vendors for the purchase of a 7,600-gallon Sodium Hypochlorite Storage Vessel. The tank shall be of new materials. All sealed bids are due by Tuesday, February 18, 2020 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at http://favetteville-af.gov/bids . All questions should be directed to Adonis Bwashi, (479)-575-8258, abwashi@fayettevilie-ar.gov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville By: Adonis Bwashi, Purchasing Agent P: 479.575.8258 Imcgaugh@favetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 01/27/2020 City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 2 of 14 City of Fayetteville Bid 20-32, Sodium Hypochlorite Storage Tank Bid Form DATE REQUIRED AS A COMPLETE UNIT: 120 CALENDAR DAYS FROM DATE OF ORDER F.O.B. Noland WWTP, 1400 N. Fox Hunter Road, Fayetteville, AR 72701 1013-181 81\111:1� Sodium Hypochlorite Storage Vessel (7,600-gallon capacity) 1 $ FW *PRICE EACH *TOTAL PRICE 41, 974.00 TOTAL BASE BID: $ 41,974.00 lI 41, 974.00 ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. Bids shall be submitted on this bid form in its entiretyAND accompaniedby 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 20-32, Sodium Hypochlorite Storage Tank Page 3 of 14 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. 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. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 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 20-32, Sodium Hypochlorite Storage Tank Page 4 of 14 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: Thorpe Plant Services, Inc. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name Thorpe Specialty Services C:oroarat. n *BUSINESS ADDRESS: 6833 Kirbvville *CITY: Houston *PHONE: 870.391.4792 *E-MAIL: linda.alters a-)thorpepme.com *STATE: TX *ZIP: 77033 FAX: *BY: (PRINTED NAME) Paul Di .arIQ *AUTHORIZED SIGNATURE: loaz'�Aa__ 492&�'Z— *TITLE: Vice Presodent / Engineering, Estornating. Quality Director DUNS NUMBER: *TAX ID NUMBER: 76-0089107 Acknowledge Addendums: CAGE NUMBER: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 5 of 14 City of Fayetteville Bid 20-32, Sodium Hypochlorite Storage Tank General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. 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 approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 6of14 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". All bidders shall promptly notify Adonis Bwashi, 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 may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE 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 City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 7 of 14 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 vendor's 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: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 8 of 14 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 any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE AC UISITIONS AND ❑R MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 9 of 14 In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/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/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. 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 the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 10 of 14 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, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshaiinotbeincludedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone (479.575.8258) or e-mail (al_)washi@fayetteville-ar.gvy). 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 Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@fayetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 11 of 14 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: Drawing # 05022001 (Sodium Hypochlorite Storage Vessel) City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 12 of 14 City of Fayetteville Bid 20-32, Sodium Hypochlorite Storage Tank Technical Specification ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. , bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. Bidder shall fill in blank when information is required. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the Cites bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed s ecification and can result in bidder D/S UALIFIC4 TION. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. TECHNICAL SPECIFICATIONS 1. SCOPE — This specification covers the furnishing of one 7,600 gallon, vertical, domed top, flat bottom, single - walled & insulated fiberglass bulk chemical tank. This bid is for an In -kind Replacement FRP tank that is of identical footprint area, width, length, connection points, and use as the existing structure. The FRP tank will be used for long-term storage of Sodium Hypochlorite up to 12.5% concentration. 2. STANDARDS — 2.1 GENERAL- All units bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. The tank shall be designed, constructed, rated and tested in accordance with the applicable industry standards, including those listed below, unless more stringent or additional requirements are specified herein, in which case these specifications shall take precedence. 2.2 APPLICABLE STANDARDS - See attached Tank Drawing and Scope of Supply Document 3. RATINGS AND REQUIREMENTS - The tank specified in the following Bid Schedules subparagraphs shall be rated and meet the requirements as shown and selected herein. General specifications and additional details for selected requirements shown in subsequent paragraphs. 3.1 CONSTRUCTION GENERAL —The tank's primary structure and corrosion barrier material will be of premium vinyl -ester resin. Thickness, veils, laminate and cure will be equivalent to existing structure. See also Belco Design Drawing #05022001, Scope of Supply and Technical Details and Clarifications attachments. City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 13 of 14 Insulation material shall be 2" Polyisocya n u rate foam with a 3/16" thick FRP skin. The exterior finish shall be a gray colored gel coat with UV Stabilizer The tank shall include: • Nozzles, flanges & ports of equivalent number, size and placement as existing tank SS Anchor lugs of equivalent number, size and placement of existing tank • Top and Side 24" Manway Access with Covers, EPDM Gaskets and SS Hardware ■ Top Access Ladder with Safety Cage s Top Perimeter Handrail with Swing Gate a Non -Slip Top Coating a 18-month Warranty • SS Date/Name/Tank Info Plate 4. ITEM 1— BID SCHEDULE 4.1 CAPACITY 7,600 gallons (Working); 7,640 gallons (Nominal) MANUFACTURERS DATA Model ur Type See attached drawing and scope of supply (Attachment #1 & #2) 4.2 PERFORMANCE DATA Fabrication Drawings and Design Calculations PEStamped Hydro Tested prior to shipment 4.3 DIMENSIONS Diameter (I.D.): 10' —0" Height (SSW): 13' — 0" Weight (Empty): approx. 1,300 Ibs 134 Shipping Height (inches) 134 Shipping Width (inches) 186 Shipping Length (inches) 4,272 Shipping Weight (Ibs) 4.4 EXCEPTIONS Please see the attached addendum City of Fayetteville, AR Bid 20-32, Sodium Hypochlorite Storage Tank Page 14 of 14 woo sgela3en4os•!Wm- uoisJan leuj fio;oedjpd 1u1Jd8u1d Um paleaJo add O a T � M i i R s o v! ti� :-i^ ulic7lntn I.Hti1L W HCO it M013iVld311VN d m'A Z 2 to IC o s LL W As g 0 Oil G:s"11�771b:1pFP Ai Q3TH �11 3&{:S MOf1Y1RQf/1 VflL o u a o ¢ Z o $!p g U Y wig 22 7il 4 S w LL s -5 N � rn 9 0 :R i$ Scope of Supply Item City. Description 1 .- 1 Ea 10' -0" I.D. x 13' -0" SSW, Vertical, Domed Top, Flat Bottom, 7600-Gallon, Single Wall, & Insulated Fiberglass Tanks TAG/No. TK-1 Each tank Includes: 3 Ea 2" Nozzlels 2 Ea 2" Nozzle/s 1 Ea 3" Nozzle/s 2 Ea 4" Nozzle/s 1 Ea 6" Gooseneck Assembly 1 Ea 24" Manway w/ Cover, 118" thk. EPDM Gasket & SS Hardware 1 Ea 24" Manway w/ Cover, 3116" thk EPDM Gasket & SS Hardware 3 Ea SS Lifting Lugs 4 Ea SS Anchor Lugs 1 Ea FRP Ladder, Safety Cage & Step -off Platform 1 Ea FRP Top Perimeter Handrail (2 rails & 6" toe plate) & Swing gate 1 Ea Lot Non Slip Top Coating 1 Ea Lot 2" Polyisocyanurate Insulation w/ 3116" thick FRP Skin 1 Ea FRP Encapsulated, Paper Data Name Plate 1 Ea 18 Month Warranty Sight Level Gauge (By Others) Fill Overflow & Level Vent Top Access Side Access TANK No. TK-1 DESIGN/ MANUFACTURING PARAMETERS GENERAL: FLANGES: DIAMETER: 101- 0" HEIGHT: 13'- 0" TYPE: Flat Faced (FF) 7.600 Operating «VOLUME CAP. (Gal)» 7,640 Nominal CONSTRUCTION: Hand Lay Up ESTIMATED WEIGHT: DRILLING: 150# ANSI B 16.5 PRES. RATING: 50 PSI CHEMICAL SERVICE: Sodium N pochiorlte up to 12.5% PROJECTION: 6" (8" On insulated tanks) SPECIFIC GRAVITY: 1.20 GUSSETS: Conical on 4" and under SEISMIC DESIGN: Jobsite Ground Motion Acceleration INSPECTIONS &TESTING: WIND LOAD: 105 MPH CORROSION BARRIER STRUCTURE -----------...........................--------------------------- --------- .. -^--------- DIM. VERIFICATION: Included Thickness: 106 mil Meet design criteria VISUAL INSP. (See Note 8): Included Veils: (2) - Veils N/A BARCOL HARDNESS: Included Laminate: (2) 1-1/2" oz. chop R❑v. Filament wound ACETONE SENSITIVITY: Included Resin: Prem. Vinyl Ester Prem. Vinyl Ester LOI TESTING: NOT INCLUDED Cure System: BPO/DMA Co/MEKP LAMINATE. PROP. TEST: NOT INCLUDED EXT. FINISH: Gel coat w/UV Inhibitor IND. INSPECTOR: N/A COLOR: TBD POST CURE: Per resin mfg.'s recommendation 4-HR. HYDROSTATIC: Included ACOUSTIC EMISSION: NOT INCLUDED PRESSURE TEST: N/A I VACUUM TEST: N/A DESIGN CONDITIONS OPERATING CONDITIONS 120OF << TEMPERATURE >> Ambient Atmospheric << PRESSURE >> Atmospheric Atmospheric « VACUUM » Atmospheric TK-1's ENGINEERING I DESIGN STANDARDS : ASME RTP-1 DESIGN: NO PE STAMPED: YES ASTM-D 3299: YES API 1212: NO RTP-1 CODE STAMPED: NO FEA DESIGN: N/A ASTM-D 4097: YES API 12P Monogram: NO Technical Details & Clarifications ( 1 ) Bidder will supply full submittals, fabrication drawings and Design Calculations stamped_by a Professional Engineer. (2) Wind design is per 2010 version of the ASCE-7 unless otherwise stated (3) Seismic Design is based on Ground Motion Acceleration per ASCE-7 / IBC using project site's Zip code or Global Coordinates (4) All domed and dished heads will be ASME F&D. (5) Insulation if applicable includes 2" Pollyisocyanurate foam. factory installed, with exterior fiberglass skin. (6) Unless stated differently in scope of supply, and If applicable, nuts, bolts & gaskets are included only with Manway access ports and/or blind flanges. All gaskets are EPDM. Hardware is SS (7) Exterior Gel Coat is colored gray, white or tan Gel coat contains UV stabilizer. If alternate color is required, submit color chip and request quotation. (8) Bidder will comply with Visual Acceptance Criteria Level II for the Corrosion Barrier and Level III for the Structural Layer per Table 1 of ASTM D2563. (9) All tanks shall be hydro -tested prior to shipping. (10) Tanks must be vented. ( 11 ) Flat bottom, vertical tanks must be fully supported. All tanks shall sit on tank pads with a minimum concrete compressive strength of 4000 psi. _ (12) Hold Down Lugs are included. Belco Manufacturing will not be responsible for tank anchor bolts to tank pad or anchorage connection design analysis. FRP & Dual ' ffl"'rpo anProviding Plant Maintenance& Engineering With La mi'nate STRA N D° Excellence In Composite Manufacturing Specialists �aTa�ry�, Thorpe Plant Services, Inc. is proud to present STRAND' fiberglass reinforced plastic and dual laminate tanks and products. The world's leading manufacturer of custom FRP/Dual Laminate tanks and products with over 400,OOOsf of manufacturing space across the USA. Thorpe utilizes state-of-the-art engineering software, materials, equipment, and design principals, as well as industry leading OA/OC procedures, to meet growing process and environmental demands from both public and private industrial clients forthe most corrosive environments. Why FRP/Dual Laminate Tanks? • Economical benefits compared to field install alloy tanks —Less labor & freight smaller crane needs, faster to erealinstall • Safer to assemble than steel tanks — minimal elevated work • Corrosion resistant throughout the FRP structure • Exterior paint not required — no "UV" derogation • Easy to repair if damaged • Good insulator on temperature and static electricity Thorpe Service and Product Offerings • Turnkey FRP & Dual Laminate Specialists — Engineering and Design — Manufacture — Field erect/instoll • Developer of oblation technology (Patented 1978) • Dually accredited —ASMERTP-1 —ASMESectionX, Class II • Custom designs • Tanks, pressure vessels, scrubbers, piping, ducts and structural components • Shop and field erected FRP vessels, piping, ducts and equipment • Full line of U.S. made FRP flanges, fittings and accessories • Manufactured with premium grade resins: vinyl ester, furan and phenolics • Thermoplastic and fluoropolymer liners for more severe corrosive environments CORPORATE HEADQUARTERS Thorpe Specialty Services Corporation 6833 Kirbyville Street Houston,TX 77033 Phone: (713) 644-1247 General @ThorpePME. com OPERATING SUBSIDIARIES Thorpe Plant Services, Inc. 1 TThorpe Company Thorpe International Services, Inc. Thorpe Engineered Products Company Industrial Flooring Services, Inc. Clayburn Services Ltd. INTERNATIONAL Thorpe International Services, Inc. 6833 Kirbyville Street Houston, TX 77033 Phone: (713) 644-1247 International@ThorpePMEcom 70�� Thorpe Providing Plant Maintenance & Engineering Manufacturing Locations Corrosion Resistant Equipment High Temperature Products Arkansas Plant Louisiana Plant Texas Plant Houston-Kirbyville Plant Houston -Ranger Plant 228 West Industrial Park Rd. 3605 Delta Dr. 95 Southbelt Industrial Dr. 6833 Kirbyville St. 4718 Ranger St. Harrison, AR 72601 St. Gabriel, LA 70776 Houston, TX 77047 Houston, TX 77033 Houston,TX 77028 Phone: (870) 391-4792 Phone: (225) 642-8060 Phone: (713) 433-7200 Phone: (713) 644-1247 Phone: (713) 671-2458 Alabama Birmingham Office 1273 24th Avenue Hueytown, AL 35023 Phone: (205) 426-4000 Arkansas Harrison Office 228 West Industrial Park Road Harrison, AR 72601 Phone: (870) 391-4792 Iowa Camanche Office Camanche, IA 52730 Phone: (563) 508-2622 Edmonton Office (Headquarters) 16010-118th Avenue Edmonton, AB T5V 106 Phone: (780) 468-4100 Field Service Offices Kentucky Madisonville Office Madisonville, KY 42431 Phone: (270) 635-5421 Louisiana St. Gabriel Office 3605 Delta Drive St. Gabriel, LA 70776 Phone: (225) 642-8060 Oklahoma Broken Arrow Office 7838 S. Elm Place Broken Arrow, OK 74011 Phone: (918) 4SS-8928 Texas Beaumont Office Houston-Kirbyville Office 6001 Highland Avenue 6833 Kirbyvllle Street Beaumont, TX 77705 Houston,TX 77033 Phone: (409) 838-9121 Phone: (713) 644-1247 Corpus Christ! Office Houston -Ranger St. Office 4602 Southview Drive 4718 Ranger Street Corpus Christi, TX 78408 Houston,TX 77028 Phone: (361) 500-2001 Phone: (713) 671-2458 Dallas Office— Industrial Flooring Services, Inc. 2736 Market Street Garland,TX 75041 Phone: (214) 349-7891 Clayburn Services Ltd. Alberta Fort McMurray Office 306-8535 Gordon Avenue Fort McMurray, AB T9H 0137 Phone: (780) 468-4100 Calgary Office #108 4140 — 6th Street NE Calgary, AB T2E 8C8 Phone: (403) 276-4421 Houston-Southbelt Office 95 Southbelt Industrial Drive Houston,TX 77047 Phone: (713) 433-7200 British Columbia Abbotsford Office Vancouver Island Office 31543 King Road 1099 Popham Road Abbotsford, BC Parksville, BC V2T 5Z2 V9P 2T3 Phone: 1 (800) 859-4885 Phone: (250) 248-5353 Prince George Office 8603 North Kelly Road Prince George, BC V2K 2W7 Phone: (250) 962-2322 m 2016 Thorpe Specialty Services. All Rights Reserved. Printed in U.S.A. FRPDLTNK 0516 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0250 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 3 File Type: Resolution RECREATIONAL TRAILS PROGRAM GRANT FUNDS - LAKE FAYETTEVILLE: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM GRANT FUNDS IN THE AMOUNT OF $440,000.00 FOR THE RECONSTRUCTION AND IMPROVEMENT TO THE SECTION OF THE LAKE FAYETTEVILLE SHARED -USE PAVED TRAIL ACROSS THE DAM, AND TO APPROVE A CITY MATCH OF $110,000.00 FOR THE PROJECT WHEREAS, the City of Fayetteville understands Federal -aid Recreational Trails Program Grant funds are available at 80% federal participation and 20% local match to be used for the reconstruction and improvement to the Lake Fayetteville shared -use paved trail across the dam; and WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the City of Fayetteville for the life of the project. WHEREAS, on March 31, 2020, the Active Transportation Committee reviewed the grant proposal and voted unanimously for the grant proposal. 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 expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of $110,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above stated project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby City of Fayetteville, Arkansas Page 1 Printed on 41812020 File Number: 2020-0250 authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. City of Fayetteville, Arkansas Page 2 Printed on 41812020 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2020-0250 Legistar File ID April 21st 2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2020 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80% federal 20% local matching grant through the Arkansas Department of Transportation — Recreational Trails Program for an award of up to $440,000 and City match of $110,000 to be used for the reconstruction and improvement to the section of the Lake Fayetteville shared -use paved trail across the dam. L' /l�] E:�iI�l E:�:ic�i�� �►Zi] [iI� Account Number 02016.1301 Project Number Budgeted Item? Yes Does item have a cost? Budget Adjustment Attached? I01r', IN o Budget Impact: 4470 - Sales Tax Capital Improvement Fund Trail Development -Trail Maintenance Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 1,744,598.99 $ 237,803.01 $ 1,506,795.98 1,506,795.98 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21ST, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: April 1st, 2020 SUBJECT: 2020-0250 Recreational Trails Program Grant RECOMMENDATION: CITY COUNCIL MEMO Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80% federal 20% local matching grant through the Arkansas Department of Transportation — Recreational Trails Program for an award of up to $440,000 and City match of $110,000 to be used for the reconstruction and improvement to the section of the Lake Fayetteville shared -use paved trail across the dam. BACKGROUND: In 2004 the first section of the Lake Fayetteville paved trail opened to the public and connected Veterans Park on the south side of the lake across spillway bridge and dam to tie to the marina and softball on the north side of the dam. In subsequent phases over the next 9 years, the 5.5- mile paved loop trail around Lake Fayetteville was completed in 2013. In 2015, the section of the Lake Fayetteville paved trail across the dam and north along the disc golf course to the north City limit line was designated as part of the Razorback Greenway. The 1/3-mile section of trail across the dam is now 16 years old and much of the asphalt pavement is in poor condition. Usage counts from this section of trail in the spring of 2019 showed an average of 1,376 users per day or 41,280 users per month. An intercept survey from the same period showed that 43% of the users were on bike, 40% were walking and 13% were running. This section of the Razorback Greenway is the highest used in our system and is in need of improvements. DISCUSSION: The proposed improvements include widening of the 1,938 linear feet section of trail across the dam from 12 feet to 16 feet in overall width. To accommodate the high use of different user types, the proposed design would separate bicycles from pedestrians giving 8 feet of concrete surface dedicated for two-way bike traffic and 8 feet of rubberized track surface for walkers and runners. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The Arkansas Department of Transportation is currently accepting applications for funding through the Recreational Trails Program. The proposed upgrades to the Lake Fayetteville trail across the dam are eligible for funding through this grant program. The Active Transportation Advisory Committee reviewed the project proposal during their March 1111, 2020 meeting and voted unanimously to forward the request to apply to the Transportation Committee. On March 31st, 2020, the Transportation Committee reviewed the grant proposal and voted unanimously to forward the request to apply to the full City Council. BUDGET/STAFF IMPACT: The total estimated cost for the Lake Fayetteville greenway improvements is estimated to be $550,000. If the Recreational Trails Program grant is approved and fully funded, the City will be responsible for 20% of the total project cost, or $110,000. Funding for the match has been budgeted through trail development CIP program. Attachments: Project Map Proposed Cross Section Cost Estimate Sample TAP Resolution i I r i —�— - - - - - - - - - I O 00 I-J Ii ilia. 2 PROPOSED REPLACEMENT OF 1,938 LINEAR FEET OF DAMAGED 12 FOOT WIDE ASPHALT TRAIL WITH 8 FOOT WIDE CONCRETE TWO WAY BIKE TRAIL AND 8 FOOT WIDE RUBBER SURFACE PEDESTRIAN TRAIL FOR A TOTAL OF 16 FEET WIDTH Existing Trail Conditions I ---- L o k o m 0 t i o n Family Fun Center i let"' ('r,"k N O R T H I M O Legend VETERANS N PARK Existing Shared -Use Paved Trail � O Fayetteville Vicinity Map ---- --i_- IZ Z. w ed HAY n ss Lake Fayetteville Dam CITY OF Razorback Greenway Improvements FAYETTEVILLE 0 125 250 500 750 1,000 P� ARKANSAS Feet Lake Fayetteville Dam 1,938 LF or 0.36 Miles qCK GRE 1 I PROPOSED 4 FEET ADDITIONAL 24 INCH 11�1 q DEEP RED DIRT HILLSIDE COMPACT TO 95% S.P.D. VAYXIA 0 PM ��vEE - G EX�S��N 8 FOOT WIDE CONCRETE 8 FOOT WIDE PEDESTRIAN CONCRETE TRAIL BIKE LANES WITH RUBBER TRACK TOP CITY OF FAYETTEVILLE Ai2!{AN5A5 ENGINEERING DIVISION 113 W. MOUNTAIN STREET PHONE: (479) 575-8206 FAX NO: (479) 575-8202 16 FEET Fk� EXISTING 24 INCHES RED DIRT HILLSIDE COMPACT TO 95% S.P.D. I I I LL: RAZORBACK GREENWAY IMPROVEMENTS DESCRIPTION: LAKE FAYETTEVILLE DAM DRAWN BY: MPM (CHECKED BY: MPM (FILE NAME: Lake Fayetteville T,aii Coss Seatioa.dwg Razorback Greenway Improvements CITY p F Lake Fayetteville Dam FAYETTEVILLE 1,938 LF (1/3 Mile) ARKANSAS Cost Estimate March 30, 2020 Cost Estimate (Based on Centennial Park Bids) ITEM # DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 1 Mobilization (Shall not exceed 5% of Total Bid) 1 L.S. $27,000.00 $ 27,000.00 2 Insurance and Bonding 1 L.S. $10,000.00 $ 10,000.00 3 Construction Control (Staking) 1 L.S. $10,000.00 $ 10,000.00 4 ITrail Traffic Control Detour 1 L.S. $10,000.00 $ 10,000.00 5 Demolition (Removal of Asphalt Trail and Bench Pads) 1 L.S. $20,000.00 $ 20,000.00 6 Erosion Control 1 L.S. $5,000.00 $ 5,000.00 7 4" Concrete Trail (4,000 PSI w/fiber) (Class 7 Base) 3,318 S.Y. $50.00 $ 165,900.00 8 Rubberized track surface (1/2" thick)(13mm) 13,102 S.F. $5.00 $ 65,510.00 9 Class 7 Base (6" under trail w/12" sholder & bench pads 408 S.Y. $10.00 $ 4,080.00 10 Select Fill (Red -Dirt) (4 foot expanded area& bench pad 1,096 C.Y. T.Y. $30.00 $ 32,880.00 11 4" Topsoil and fine grading and seed/straw 359 C.Y. T.Y. $14.00 $ 5,026.00 12 4" Concrete Bench pads 38 S.Y. $100.00 $ 3,800.00 13 Benches 4 E.A. $2,000.00 $ 8,000.00 14 Native Stone Wall Around Bench Pads 288 S.F. Face $110.00 $ 31,680.00 15 Trail Center Line Striping (Paint) 2,038 L.F. $1.00 $ 2,038.00 16 Bike Lane and Pedestrian Symbol Striping (Paint) 58 E.A. $50.00 $ 2,900.00 17 Signs & Posts (MUTCD) 10 E.A. $200.00 $ 2,000.00 18 1-1/4" PVC Conduit (Double Run) (For Future Lighting) 3,876 L.F. $10.00 $ 38,760.00 19 Quazite Pull Boxes (12"x12"x12") 19 E.A. $330.00 $ 6,270.00 20 Solid Slab Sod (5 feet each side of trail) 2,153 S.Y. $3.50 $ 7,535.50 Estimated Contractor Cost $458,380 20% Contingency $91,676 Total Estimated Cost $550,056 SAMPLE RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF SPONSOR NAME TO UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM FUNDS WHEREAS, Sponsor Name understands Federal -aid Recreational Trails Program Funds are available at 80% federal participation and 20% local match/in kind labor to develop or improve Project Name, and WHEREAS, Sponsor Name understands that Federal -aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement, and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project. NOW THEREFORE, BE IT RESOLVED BY SPONSOR'S GOVERNING BODYTHAT: SECTION I: Sponsor Name will participate in accordance with its designated responsibility, including maintenance of this project. SECTION II: Title of Sponsor's CEO/CAO is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated project. SECTION III: Sponsor's Governing Body pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this day of , 2020. Signed: ATTEST: (SEAL) Notes: Name of Sponsor's CEO/CAO • "Sponsor Name" is the name of the Agency (i.e. the City of Anywhere, Universal County, the Arkansas Department of Trails) • "Sponsor's Governing Body" is the group of individuals that make the final financial decisions for the Agency (i.e. City Council, Quorum Court, Board of Directors, Commission) • "Sponsor's CEO/CAO" is the person in charge of the day-to-day activities at the agency (i.e. Mayor, City Manager, County Judge, Executive Director, etc.) • "Project Name" is the name of the project from the application City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0251 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 4 File Type: Resolution ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID ARKANSAS DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM GRANT FUNDS IN THE AMOUNT OF $500,000.00 FOR THE CONSTRUCTION OF THE CLABBER CREEK TRAIL TUNNEL UNDER GARLAND AVENUE AT VAN ASCHE DRIVE, AND TO APPROVE A CITY MATCH OF $125,000.00 FOR THE PROJECT WHEREAS, the City of Fayetteville understands Federal -aid Arkansas Department of Transportation - Transportation Alternatives Program Gran funds are available at 80% federal participation and 20% local match to be used for the construction of the Clabber Creek Trail Tunnel under Garland Avenue at Van Asche Drive; and WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the City of Fayetteville for the life of the project; and WHEREAS, on March 31, 2020, the Transportation Committee reviewed the grant proposal and voted unanimously in favor of forwarding to the City Council. 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 expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of $125,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above City of Fayetteville, Arkansas Page 1 Printed on 41812020 File Number: 2020-0251 stated project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. City of Fayetteville, Arkansas Page 2 Printed on 41812020 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2020-0251 Legistar File ID April 21st 2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2020 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80% federal 20% local matching grant through the Arkansas Department of Transportation - Transportation Alternatives Program for an award of up to $500,000 to be used for the Clabber Creek Trail tunnel under Garland Ave. (Hwy 112) at Van Asche Drive. Budget Impact: 4603.860.xxxx-5814.05 - Improvements Trails Account Number 46030.xxxx Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No 4603 - Trails Project 2019 Bonds Fund Fund 2019 Trail Bond Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 2,238,493.51 $ 154,085.49 $ 2,084,408.02 $ 2,084,408.02 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: If the grant is approved, matching funds are estimated to be $125,000 and funds have been identified in the first phase of the trail development portion of the 2019 bonds. —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21ST, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: April 1st, 2020 CITY COUNCIL MEMO SUBJECT: 2020-0251 Clabber Creek Trail Tunnel - Transportation Alternatives Program RECOMMENDATION: Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80% federal 20% local matching grant through the Arkansas Department of Transportation - Transportation Alternatives Program for an award of up to $500,000 and City match of $125,000 to be used for the Clabber Creek Trail tunnel under Garland Ave. (Hwy 112) at Van Asche Drive. BACKGROUND: The Arkansas Department of Transportation is in the design phase for the widening of Highway 112 from Truckers Drive to the north City limit line. In addition to widening the road to 4 vehicle lanes, the City has requested a trail along the west and south sides of Hwy 112, part of which is the Clabber Creek Trail. The project proposal includes two roundabouts and the one at the intersection of Highway 112 and Van Asche Drive where currently there is a signalized intersection and is where the Clabber Creek Trail must cross the highway. The Clabber Creek Trail is completed along the south side of Van Asche Drive and will have to cross Highway 112 to continue west. The free -flowing roundabout presents a challenge for the crossing of the Clabber Creek Trail. To provide safe passage for trail users, a box culvert tunnel is proposed under Highway 112 and the City of Fayetteville would be responsible for the cost. DISCUSSION: The Arkansas Department of Transportation is currently accepting applications for funding through the Transportation Alternatives Program. The proposed tunnel crossing under Highway 112 is eligible for funding through this grant program. In addition, since this project is being designed and constructed through the Arkansas Department of Transportation the funding can be applied directly to the project with minimal staff time necessary to manage the grant. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The total estimated cost for the proposed tunnel under Highway 112 is $750,000. This cost includes contractor pricing for walls, railings, storm drainage and all necessary items for the installation of the 190 linear foot precast tunnel and 558 linear feet trail section. If the Transportation Alternatives Program grant is approved and fully funded, the City will be responsible for 20% of the total project cost, or $125,000. Based on the cost estimate an additional $125,000 will be necessary as an overmatch to fully fund the tunnel. Funding for the base match and overmatch has been budgeted through the 2019 bond for trail Improvements. The Active Transportation Advisory Committee reviewed the project proposal during their March 11th, 2020 meeting and voted unanimously to forward the request to apply to the Transportation Committee. On March 31 st, 2020, the Transportation Committee reviewed the grant proposal and voted unanimously to forward the request to apply to the full City Council. Attachments: Project Map Proposed Tunnel Plan Tunnel Cost Estimate Sample TAP Resolution W Hwy 112 ....�......... 11 W HwY 112 Proposed 12' wide trail - Constructed with ARDOT Project.. PROPOSED ROUNDABOUT BY ARDOT i I 49 I I Existing_ Clabber Creek Trail _ To Razorback Greenway a, �A — - - Fellowship Bible Church i --ter— LLL f� U Y N •� O N Ua TRAIL TUNNEL EXAMPLE a) 0 -0 o U Q a) N � '� 2 3 (D x o � iz 0- 0 U I ................. Clabber Creek Trail .............................................................Late.2020 Construction...... Legend 6 Existing Shared -Use Paved Trail . PROPOSED TRAIL TUNNEL UNDER HIGHWAY 112 FOR THE CLABBER CREEK TRAIL Fayetteville Vicinity Map Proposed Trail Tunnel CLABBER CREEK TRAIL TUNNEL CITY OF TRANSPORTATION ALTERNATIVES PROGRAM FAYETTEVILLE 0 125 250 500 750 1,000 ARKANSAS Feet HIGHWAY 112 & VAN ASCHE r Z ll-M ll-M Zl- ZL-M Zl- IF o Z VAN-ASCHZ,. W- F � M W s N [ 1-1jf. ..... 9f-M C-M 9B sTo TO lRAZORBACK GREENWAY \ R FA RSo, o Z O ° a m o �f t~n o O 2 s f w m I rn 3 , M r S 1 CITY OF Job 040746 �� ARKANSAS FAY E T T E V I L L E Highway 112 (Truckers Dr. to Howard Nickell) 0 40 80 Proposed Tunnel at Van Asche January 28tn 2020 CITY OF FAYETTEVILLE ARKANS ARI(ANAS Clabber Creek Trail Tunnel Highway 112 and Van Asche 558 LF Trail and 190 LF Tunnel Cost Estimate April 1, 2020 Cost Estimate (Based on Centennial Park Bids) ITEM # DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 1 Construction Control (Staking for tunnel and wall) 1 L.S. $2,500.00 $ 2,500.00 2 Trench & Excavation Systems 1 L.S. $3,000.00 $ 3,000.00 3 Erosion Control 1 L.S. $2,000.00 $ 2,000.00 4 1 Undercut Excavation 1,000 C.Y. $10.00 $ 10,000.00 5 Rock Excavation 250 C.Y, $60.00 $ 15,000.00 6 Precast Tunnel (14 foot wide by 9 foot tall) 190 L.F. $1,050.00 $ 199,500.00 7 Precast Large Block Wall 3,090 S.F. $55.00 $ 169,950.00 8 Sheet Piling to protect 36" Water Line 530 S.F. $10.00 $ 5,300.00 9 Select Fill (Red -Dirt) (2 foot under trail) 1,096 C.Y. T.Y. $30.00 $ 32,880.00 10 4" Concrete Trail (14' wide w/Class 7 Base) 868 S.Y. $50.00 $ 43,400.00 11 4'x4' Junction Box 3 E.A. $2,500.00 $ 7,500.00 12 4'x4' Junction Box (Special Deep) 2 E.A. $8,000.00 $ 16,000.00 13 Pipe Underdrain for tunnel 800 L.F. $7.91 $ 6,328.00 14 24" RCP (Storm Drain around tunnel) 309 L.F. $82.00 $ 25,338.00 15 18" RCP (Deep tunnel drain) 446 L.F. $100.00 $ 44,600.00 17 4' tall fence above walls 527 L.F. $40.00 $ 21,080.00 17 Trail Center Line Striping (Paint) 558 L.F. $1.00 $ 558.00 18 Signs & Posts (MUTCD) 5 E.A. $200.00 $ 1,000.00 19 1-1/4" PVC Conduit (Double Run) 558 L.F. $10.00 $ 5,580.00 19 Tunnel Lighting 5 E.A. $1,000.00 $ 5,000.00 20 Quazite Pull Boxes (12"x12"x12") 6 E.A. $330.00 $ 1,980.00 21 ITopoil, fine grade and seed 1,860 S.Y. $3.50 $ 6,510.00 Estimated Contractor Cost $625,004 20% Contingency $125,001 Total Estimated Cost $750,005 SAMPLE RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF SPONSOR NAME TO UTILIZE FEDERAL -AID TRANSPORTATION ALTERNATIVES PROGRAM FUNDS WHEREAS, Sponsor Name understands Federal -aid Transportation Alternatives Program Funds are available at 80% federal participation and 20% local match to develop or improve Project Name, and WHEREAS, Sponsor Name understands that Federal -aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement, and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project. NOW THEREFORE, BE IT RESOLVED BY SPONSOR'S GOVERNING BODYTHAT: SECTION I: Sponsor Name will participate in accordance with its designated responsibility, including maintenance of this project. SECTION II: Title of Sponsor's CEO/CAO is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated project. SECTION III: Sponsor's Governing Body pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this day of , 2020. Signed: ATTEST: (SEAL) Notes: Name of Sponsor's CEO/CAO • "Sponsor Name" is the name of the Agency (i.e. the City of Anywhere, Universal County, the Arkansas Department of Trails) • "Sponsor's Governing Body" is the group of individuals that make the final financial decisions for the Agency (i.e. City Council, Quorum Court, Board of Directors, Commission) • "Sponsor's CEO/CAO" is the person in charge of the day-to-day activities at the agency (i.e. Mayor, City Manager, County Judge, Executive Director, etc.) • "Project Name" is the name of the project from the application City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0293 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 5 HOUSING SUCCESS PROGRAM: File Type: Resolution A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $25,000.00 RECOGNIZING FUNDING FOR THE HOUSING SUCCESS PROGRAM FROM THE ENDEAVOR FOUNDATION 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 budget adjustment, a copy of which is attached to this Resolution, in the total amount of $25,000.00 recognizing funding received from the Endeavor Foundation for the Housing Success Program. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation to the Endeavor Foundation for its donation. City of Fayetteville, Arkansas Page 1 Printed on 41812020 Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2020-0293 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2020 COMMUNITY RESOURCES (642) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a budget adjustment to recognize and budget funding for the Housing Success Program in the amount of $25,000. See Below Account Number 32010.1 Project Number Budgeted Item? NA Budget Impact: CDBG-2180 Fund Housing Success Program Project Title Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2180.642.4960-5308.90 32010.1 12,500 2180.642.4960-5310.90 32010.1 12,500 Previous Ordinance or Resolution # Approval Date: 25,000.00 V20180327 CITY OF FAYETTEVILL.E f, ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: FROM: DATE: Yolanda Fields, March 31, 2020 Susan Norton, Chief of Staff Community Resources Dire CITY COUNCIL MEMO SUBJECT: Approval of a Budget Adjustment Recognizing Funding For the Housing Success Program RECOMMENDATION: Staff recommends the approval of a budget adjustment to recognize and budget funding for the Housing Success Program in the amount of $25,000. BACKGROUND: On January 215t, Resolution 31-20 was passed by City Council giving the Mayor the authority to sign the Housing Success Fund Distributor Agreement with the Endeavor Foundation. This agreement allowed the City of Fayetteville to receive initial funding of $25,000 to assist both individuals and families with achieving stable housing. Community Resources would like to recognize the Endeavor Foundation's $25,000 initial funding of the Housing Success Program. DISCUSSION: The total amount being recognized is $25,000. BUDGET/STAFF IMPACT: Increase 2180.642.4960-5308.90 (HSF Rental) by $12,500 Increase 2180.642.4960-5310.90 (HSF Utilities) by $12,500 Attachments: Budget Adjustment Copy of Resolution 31-20 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 31-20 File Number: 2019-0949 HOUSING SUCCESS FUNDING DISTRIBUTOR AGREEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN HOUSING SUCCESS FUND DISTRIBUTOR AGREEMENT WITH THE ENDEAVOR FOUNDATION FOR THE CITY OF FAYETTEVILLE TO RECEIVE INITIAL FUNDING OF $25,000.00 TO ASSIST INDIVIDUALS AND FAMILIES ACHIEVE STABLE HOUSING WHEREAS, the Endeavor Foundation has established the Housing Success Fund to provide financial assistance for those who are homeless or functionally homeless, and have the capacity to become financially sustainable within nine months of entry into the program; and WHEREAS, the transitional housing program will assist individuals and families dealing with life changes who do not qualify for existing programs and the program will give participants the opportunity to meet needs that could provide a higher probability of regular employment which will result in stable housing; and WHEREAS, the initial funding will be $25,000.00 which will be replenished as funds are utilized. 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 the attached Housing Success Fund Distributor Agreement with the Endeavor Foundation and authorizes Mayor Jordan to sign this Agreement. PASSED and APPROVED on 1/21/2020 Page i Punted on 1122120 File Number. 2019-0949 Resolution 31-20 Attest: �����titsrrtry►y • CtrYQ 9�10 Kara Paxton, City Clerk Treasw6i- �''• G tv 611 ON Page 2 Printed on 1/22120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 T Text File File Number: 2019-0949 Agenda Date: 1/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 13 HOUSING SUCCESS FUNDING DISTRIBUTOR AGREEMENT: A RESOLUTION TO' AUTHORIZE MAYOR JORDAN TO SIGN A HOUSING SUCCESS FUND DISTRIBUTOR AGREEMENT WITH THE ENDEAVOR FOUNDATION FOR THE CITY OF FAYETTEVILLE TO RECEIVE INITIAL FUNDING OF $25,000.00 TO ASSIST INDIVIDUALS AND FAMILIES ACHIEVE STABLE HOUSING WHEREAS, the Endeavor Foundation has established the Housing Success Fund to provide financial assistance for those who are homeless or functionally homeless, and have the capacity to become financially sustainable within nine months of entry into the program; and WHEREAS, the transitional housing program will assist individuals and families dealing with life changes who do not qualify for existing programs and the program will give participants the opportunity to meet needs that could provide a higher probability of regular employment which will result in stable housing; and WHEREAS, the initial funding will be $25,000.00 which will be replenished as funds are utilized. 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 the attached Housing Success Fund Distributor Agreement with the Endeavor Foundation and authorizes Mayor Jordan to sign this Agreement. City ofFayertavllle, Arkansas Page 1 Printed on 1/22/2020 City of Fayetteville Staff Review Form 2019-0949 Legistar File ID 1/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Yolanda Fields 12/31/2019 COMMUNITY RESOURCES (642) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of the attached Housing Success Funding agreement. Budget Impact: NA Account Number NA NA Fund NA Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 21, 2020 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Yolanda Fields, Community Resources Director DATE: December20, 2019 SUBJECT: Endeavor Foundation — Housing Success Fund CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval of the attached Housing Success Funding agreement. BACKGROUND: The Endeavor Foundation has established the Housing Success Fund which will provide financial assistance for housing. The fund targets those who are homeless or 'functionally homeless" and have the capacity to become financially sustainable within nine months of entry into the program. DISCUSSION: This transitional housing program will help individuals and families to achieve and maintain stable housing. This transitional housing program will give program participants the opportunity to meet needs that could provide a higher probability of regular employment which will result in stable housing. This program will assist individuals and families that are dealing with life challenges but do not qualify for other existing programs and have the potential to succeed within the nine -month program process. The initial funding amount will be $25.000 which will be replenished as funds are utilized. BUDGET/STAFF IMPACT: Housing Success initial funding - $25,000 (Budget Adjustment will be processed upon receipt) Attachments: Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 Housing Success Fund Distributor ENDEAVOR FOUNDATION —CITY OF FAYETTEVILLE AGREEMENT This Agreement ("Agreement'), effective beginning 12/1/2019 is between Endeavor Foundation ("Endeavor"), and City of Fayetteville, ("City"). (Endeavor and City are referred to singularly as a "party" and together as the "parties.") Whereas. A. Endeavor is engaging in a community -wide housing assistance fund, called the Housing Success Fund; B. Endeavor has provided and raised funds totaling $610,000 to support the Housing Success Fund to provide financial assistance for housing and coordinated, preventative pathways towards thriving to individuals/families in Northwest Arkansas; and C. City desires to participate as a Housing Success Fund distributor. Therefore: In consideration of the mutual promises contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Housing Success Fund. The Housing Success Fund is a community -wide fund, developed by Endeavor Foundation, to provide financial assistance for housing and any additional case management needed to individuals/families in Northwest Arkansas. It targets those who are homeless or "functionally homeless" (including "couch surfing", "doubling up", emergency shelter, etc.) and have the capacity to become financially sustainable within nine months of entry into the program. The Housing Success Fund provides eligible organizations with dollars to provide rental and utility assistance to their clients while also subsidizing the organizations' case management services to clients in the program. These dollars can be requested for each client up to a maximum of nine months, with the amount gradually declining over time as a client becomes more financially stable and in need of less case management. 2. Funding to City. 2.1. Endeavor will deliver initial funds due under this Agreement to City within 30 days of City's submission of a signed copy of this agreement. Endeavor will at all times have the right to recapture any funds that Endeavor, in its sole discretion, determines were incorrectly distributed to City or for which City was not eligible. 2.2. The amount of initial funds distributed to City will be $25,000. 2.3. In order to receive fund replenishment, City must follow and remain compliant to the Housing Success Fund Policies and Procedures (see Exhibit A). These policies and procedures are subject to change and include the following: 2.3.1,City will utilize HARK technology to manage distributions and data collection as outlined in the Housing Success Fund Policies and Procedures. 2.3.2.City will provide Endeavor with an accounting of the funds that were utilized in conjunction with a request for fund replenishment. Endeavor reserves the right to request underlying documents, including proof of payment, at any time. 3. City's Promotion of Housing Success Fund. City may promote the Housing Success Fund in its community to the extent City is able to d❑ so. All written communications about the Housing Success Fund must be Page 1 of 9 approved in writing in advance by Endeavor, unless otherwise in compliance with any usage guidelines provided by Endeavor. 4. Audit of Records. Endeavor will have the right, at its own expense, to inspect and audit onsite and remotely the books and records of City that are directly relevant to the performance of this Agreement for the period covered by this Agreement and for at least four years thereafter. The City will receive written notice prior to such audit, and, if the audit is performed onsite, any such inspection and audit will be conducted during regular business hours in such a manner as not to interfere with City's normal business activities. If any audit reveals material non-compliance with this Agreement or the Housing Success Fund Policies and Procedures, Endeavor will be entitled to recover all of the funds paid to City under this Agreement and City will pay all fees and expenses incurred by Endeavor in performing the audit and collecting the funds from City. 5. Representations and Warranties. City represents and warrants as follows: 5.1. fqmplianc4q. It will comply with all laws and regulations pertaining to its responsibilities, roles, and representations. City also will comply in all respects with the Housing Success Fund Policies and Procedures. City will immediately notify Endeavor if City (a) receives notice of any local, state, or federal audit or investigation (not including a routine inspection by a state regulatory body) concerning any aspect of City's operations, and will promptly provide Endeavor with copies of all findings, responses, or other written notices arising therefrom; or (b) files for, or has had filed against it any bankruptcy, insolvency, reorganization, moratorium, or similar proceeding, or has discontinued operation of its business. 5.2. r iza 'o . It is duly incorporated or organized, validly existing, and in good standing under the laws of the state of its incorporation or organization. It has full power and authority to carry on the business in which it is engaged. 5.3..A tho i . It has the full right, power, and authority to sign, perform, and be bound by this Agreement. The signing, delivery, and performance of this Agreement has been duly authorized. 5.4. ?1c. Conflict. The signing of this Agreement and the performance hereunder will not conflict with, violate, or result in a breach of any of the terms or provisions of any other agreement to which it is a party or by which it is bound. 5.5. ' gndaKd of PcrF rmacjce. It will perform its obligations in a manner consistent with the requirements of this Agreement and with appropriate professional care and skill. 5.6. Consumcrrivae igbU, It will comply with applicable laws and regulations relating to the privacy and security of participating consumers' data collected in the performance of this Agreement, including, without limitation, all applicable laws and regulations regarding the content, delivery, and timing of delivery of privacy notices to consumers. City must obtain an express authorization from each client sufficient to (1) submit the required information to the HARK technology; (2) maintain client files and allow Endeavor to review them for program monitoring and compliance purposes; and (3) be contacted by Endeavor for purposes of program evaluation. 6. Term; Termination; Survival. 6.1. Term. Unless earlier terminated as provided in this Section 6, this Agreement will be effective until October 1, 2020 (the "Term"). The parties may extend the Term by mutual, written agreement. 6.2. Termination_ Either party may terminate this Agreement by 30 days' written notice to the other. Page 2 of 9 6.3. Bankr_gptcy. Either party may terminate this Agreement by written notice to the other upon the occurrence of any of the following events: (i) either party files a voluntary petition in bankruptcy or for similar relief; (d) an involuntary petition in bankruptcy is filed against such party and is not dismissed within 60 days of filing; (iii) a receiver is appointed for such other party, and if involuntarily appointed is not dismissed within 60 days; or (iv) such party makes an assignment for the benefit of creditors. 6.4. Brea by City. Endeavor may terminate this Agreement immediately by written notice to City if City fails to comply with any term or condition of this Agreement and does not cure such failure within two weeks after receipt of written notice from Endeavor specifying the nature of the failure and stating an intent to terminate if the failure is not cured within such two week period. 6.5. Effect_of Termination or Expiradon. Upon termination or expiration of this Agreement: 6.5.1.City will continue to be bound by the compliance (including, without limitation, consumer privacy and data protection), recordkeeping, and reporting obligations. 6.5.2.City agrees to return any and all unused funds within 30 days. 7. lndencndent Contractor RelationshiD. Endeavor and City are independent contractors for the purposes of this Agreement, and nothing in this Agreement may be construed as creating any partnership, profit sharing, or similar arrangement between the parties. City will have the exclusive direction and control of its employees and agents, for whom it is the sole liable party. City and its staff are not the legal representatives, employees, or agents of Endeavor for any purpose and have no right or authority to act on Endeavor's behalf or to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of Endeavor. Nothing in this Agreement may be construed to give either party the power to direct or control the activities of the other party beyond the obligations imposed on the parties by this Agreement. 8. A sigma. Neither Endeavor nor City may assign this Agreement or any rights herein without the prior written consent of the other, which consent may be granted or withheld at the party's sole discretion. 9. Waiver. Failure or delay on the part of a party to exercise any right, power, privilege, or remedy hereunder will not constitute a waiver thereof. A waiver of default or breach of any term of this Agreement will not operate as a waiver of any other default or breach or of the same type of default or breach on future occasion. 10. Scycrabft. if any provision of this Agreement is held unenforceable, invalid, or void for any reason, the enforceability or validity of the remaining provisions of this Agreement will not be affected, and the parties will make reasonable efforts to substitute for the invalid provision a mutually -agreed provision that most closely approximates the intent of the invalid provision. 11. Readin . Paragraph headings are included in this Agreement for reference only and will not be considered part of, or be used in interpreting, this Agreement. 12. Entire AgEggment. This Agreement, the Housing Success Fund Policies and Procedures, and any attached Exhibits, which are incorporated by reference, set forth the complete understanding of the patties and supersede all prior communications, either written or oral, and all previous agreements among the parties with respect to its subject matter. Unless otherwise permitted by this Agreement, the terms of this Agreement may not be waived, amended, or supplemented except in a writing signed by an authorized representative of Endeavor and City. Page 3 of 9 Endeavor and City have caused this Agreement to be executed by their duly authorized representatives as of the date first set forth above. Endeavor Fvun n sy: Printed Name: Jeff Webster Title: President/CEO, Date: 12/3/19 .1y�on_jdcts; Title: }} — r11 qc)y- Date: _J 11 F 010 - Primary Contacts) for the Housing Success Fund.• Name: Phone: ✓ 7S Zell) E-mail: 1 Page 4 of 9 EXHIBIT A Housing Success Fund Policies and Procedures Revised 11/19/2019 Overview The Housing Success Fund is a community -wide fund, developed by Endeavor Foundation, to provide financial assistance for housing and any additional case management needed to individuals/families in Northwest Arkansas. It is targeted at those who are homeless or "functionally homeless" (including "couch surfing", "doubling up", emergency shelter, etc.) and have the capacity to become financially sustainable within nine months of entry into the program. The Housing Success Fund provides eligible organizations with dollars to provide rental and utility assistance to their clients while also subsidizing the organizations' case management services to clients in the program. These dollars can be requested for each client up to a maximum of nine months, with the amount gradually declining over time as a client becomes more financially stable and in need of less case management. Roles and Responsibilities HARK Role A community wide initiative of Endeavor Foundation —one that links coordinated efforts in the community through provider collaboration, community liaisons, and technology —that facilitates the Housing Success Fund. Responsibilities HARK will determine the overall design, structure, and operation of the Housing Success Fund, as well as manage its implementation. HARK will choose distributors for the Fund, but it will not assess requests or distribute funds itself. HOUSING SUCCESS FUND ADVISORY COMMITTEE Role The entity that ensures accountability, oversight, and proper fiscal management of the Housing Success Fund. Responsibilities The advisory committee will meet quarterly to review eligibility requirements, evaluate disbursement processes, and propose and facilitate strategic partnerships in the community. The committee ensures that the model remains flexible and adaptive, reassessing and pivoting when the data and on -the -ground experiences require adjustments. Page 5 of 9 CLIENT Role The ultimate beneficiary of the Housing Success Fund: Responsibilities The client must be willing to undergo a needs assessment, explore other available resources through a "client plan", and show that her presenting need is rare and nonrecurring. PROVIDER Role An organization that directly addresses the needs of the client. Responsibilities The provider must provide any agreed upon services to the client that have been paid for by the Housing Success Fund. REQUESTER Role An organization that works with the client to address the client's needs Responsibilities The requester must assess the client's needs, develop a client plan, and collect all required information using the HARK technology tool. The requester can be any organization with expertise in social services, wide accessibility to the general public (e.g. school, church) or both. The organization will identify a staff member who will receive on -site training by HARK staff on how to use the HARK technology tool.. DISTRIBUTOR Role An organization that reviews, documents, distributes, and follows -up on Housing Success Fund requests. Responsibilities The distributor must review submitted Housing Success Fund requests and track the impact of the funds. The distributor approves requests and distributes funds to the provider on behalf of clients (no funds will ever be given directly to the client). The distributor might also monitor the progress of clients through their client plans. Distributors are chosen by HARK based on criteria including: Location (distributors should be dispersed throughout Northwest Arkansas) Extensive knowledge and experience in providing financial assistance • An efficient financial assistance process in place • Established financial controls in place Page 6 of 9 Organizations must enter into a formal, written agreement with the Housing Success Fund in order to become a distributor. The organization will identify a staff member who will receive on -site training by HARK staff on how to administer the Housing Success Fund. NOTE. The provider and the requester may be the same organization. The distributor can also be the providerYrequester as long as the staff member receiving/requesting Housing Success Fund dollars is not the staff member approving the request. Types of Assistance Eligible items Security deposits Utility deposits • Application fees • Monthly rent Utilities ■ Arrears Late/delinquent fees Renter's insurance premiums Frequency Up to nine months of assistance per client may be requested. The financial support for each month will decline to ensure a client is becoming financially stable. Client Eligibility Base Eligibility ■ The client must have a HARK -generated needs assessment • The client must have a HARK -generated client plan that includes at least one other resource than financial assistance • The client must have explored other resource options, as applicable, based on the type of need • The client must currently allocate 50% or less of their household income to housing costs o Housing costs includes utilities and renter's insurance premiums o Discretion can be exercised by distributors outside the housing allocation guidelines but it must include staffing the case with another distributor Anti -Discrimination Policy Clients will not be deemed ineligible based on any of the following criteria: Age • Disability status (including alcohol and illegal substance addictions) • Race/ethnicity • Marital status • Gender Gender identity • Language spoken ■ Literacy level • National origin Page 7 of 9 • Religion/creed • Sexual orientation • Veteran status • Household size • Medical history Fund Availability Housing Success Fund requests are accepted, approved, and fulfilled on a first come, first served basis. There are no waiting lists for Housing Success Fund requests. If funds are not available, requests will not be approved or fulfilled, even if all eligibility requirements are met. Distributors will receive an initial distribution of $25,000 for requests after executing a written distributor agreement with the Housing Success Fund. Distributor Reporting Data reporting HARK will run reports on the data entered into the technology tool on a monthly basis to determine the timing and amount of replenishments. Distributors who choose not to use the "online" version of the tool for privacy reasons or are prohibited from doing so by other funders may instead use the "offline" version of the technology tool. The tool will be able to generate a Housing Success Fund Summary report, which must then be submitted manually by the distributor to a designated HARK contact on the 15th of each month. Financial reporting Additional financial reporting may be requested by HARK, as applicable. Distributor Replenishment A distributor who is in compliance with the reporting requirements each month will be eligible for fund replenishment up to the maximum allowed on the following schedule: Failed Month Month Month Month Month Month Month Month Month Placement 1 2 3 4 5 6 7 8 9 Rental/Utility $1,672 $836 $836 $673 $673 $673 $500 $ 300 $ 200 Assistance Case $ 1,000 $1,050 $400 $550 $350 $350 $500 $350 $350 $350 Management TOTAL $1,000 $2,722 $1,236 $1,386 $1,023 $1,023 $1,173 $850 $650 $550 per client Page 8 of 9 Oversight Any suspicion of fraudulent requests of misuse of funds will be investigated by HARK and reviewed by the Housing Success Fund Advisory Committee. If fraudulent fund requests or repeated misappropriation of funds by the client are discovered, Housing Success Fund reserves the right to deny the client's funding requests for a designated period of time or ban the client from all future funding, depending on severity. Page 9 of 9 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 COMMUNITY RESOURCES (642) 2020 Requestor: Yolanda Fields BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends the approval of a budget adjustment to recognize and budget funding for the Housing Success Program in the amount of $25,000. COUNCIL DATE: LEGISTAR FILE ID#: 4/21/2020 2020-0293 Ke�vi w Spud-* e 41312020 4:30 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 25,000 25,000 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20200324 Account Name 2180.642.4960-5308.90 12,500 - 32010 1 EX Rental -Rent Assistance 2180.642.4960-5310.90 2180.642.4960-4305.00 12,500 - - 25,000 32010 1 EX 32010 1 RE Utilities -Utility Assistance Commercial Grants H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0293 ENDEAVOR Housing Success.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0178 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 6 WALTON FAMILY FOUNDATION: File Type: Resolution A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $3,000,000.00 FOR THE RECONSTRUCTION OF MAPLE STREET FROM RAZORBACK REGIONAL GREENWAY TO GARLAND AVENUE WHEREAS, the City of Fayetteville and the University of Arkansas have been working together toward a common goal of improving the section of Maple Street from the Razorback Regional Greenway west to Garland Avenue with each paying $1,500,000.00 toward the costs; and WHEREAS, the Walton Family Foundation has expressed interest in funding the remaining 50% of the cost of construction, or a portion thereof, in an amount of up to $3,000,000.00; and WHEREAS, the City Council Transportation Committee recommends applying for the grant. 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 an application for a matching Walton Family Foundation grant application in an amount of up to $3,000,000.00 for the reconstruction of Maple Street with matching funds from the City of Fayetteville and University of Arkansas in the amount of $1,500,000.00 each. City of Fayetteville, Arkansas Page 1 Printed on 41812020 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2020-0178 Legistar File ID April 21st 2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2020 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Staff requests approval to apply for a grant through the Walton Family Foundation and authorize the allocation of 2019 bond funds in the amount of $1.5 million for half of the grant matching funds for the reconstruction of Maple Street from the Razorback Regional Greenway to Garland Ave. Various Account Number 46xxx.7215 Project Number Budgeted Item? Yes Does item have a cost? Budget Adjustment Attached? 1\r', IN o Budget Impact: 4602 - Streets Project 2019 Bonds Fund 4603 - Trails Project 2019 Bonds Fund Fund Maple Street Cycle Track Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,500,000.00 $ 1,500,000.00 1,500,000.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: If the grant is approved, the matching funds have been identified in the first phase of the 2019 bond program. $1,000,000 from the transportation portion and $500,000 from the trails portion. —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21ST, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: April 1st, 2020 CITY COUNCIL MEMO SUBJECT: 2020-0178 Maple Street Improvements — Request to apply for grant funding RECOMMENDATION: Staff requests approval to apply for a grant through the Walton Family Foundation and authorize the allocation of 2019 bond funds in the amount of $1.5 million for half of the grant matching funds for the reconstruction of Maple Street from the Razorback Regional Greenway to Garland Ave. BACKGROUND: The City of Fayetteville and the University of Arkansas have been working together toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Ave. In the Spring of 2018, the University of Arkansas contracted with Alta Planning + Design to develop conceptual plans for Maple Street that include pedestrian improvements and a protected bicycle cycle track. On September 9th, 2018, resolution 198-18 was approved to share the cost for the final design of the Maple Street project between the City of Fayetteville and the University of Arkansas in the amount of $103,500 each and to accept a grant from the Walton Family Foundation in the amount of $207,000 to cover the $414,000 final design cost with Olsson Associates. On June 41", 2019, resolution 141-19 authorized an application for a grant through the Walton Family Foundation in the maximum amount of $2,000,000 for the construction of the Maple Street project. At that same time, University of Arkansas officials expressed concerns with the design and requested changes for increased safety. The safety upgrades now include a low vegetation buffer between the cycle track and the road. In addition, enhanced mid -block crosswalks are proposed with decorative pavement markings and passive detection bollards for activation of beacons. Funds allocated for construction were estimated during the early conceptual phases at $4 million to be split by the City and University at 1 million each with 2 million from the Walton Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Family Foundation. As the design plans were more developed and the scope of the project became more defined, the estimated cost grew to $5 million. With the proposed safety upgrades and factoring in escalation, the updated cost estimate for project is now $6 million. On March, 31St 2020 the Transportation Committee reviewed the Maple Street project and forwarded a recommendation to the City Council to apply for grant funding and authorize the allocation of 2019 bond funds in the amount of $1.5 million for the match. Committee members expressed support for the vegetation buffer and recommended the wider crosswalk striping. DISCUSSION: The proposed improvements to Maple Street include 2,475-linear feet of new roadway surface, upgraded traffic signals, storm drainage, 8-foot-wide sidewalks on the north and south sides and a separated a two-way cycle track along the south side extending from the Razorback Greenway to Garland Avenue. Maple Street has been identified as a catalyst project in the Northwest Arkansas Regional Bicycle and Pedestrian Master Plan. Currently bicycle access to the University of Arkansas campus core and the surrounding neighborhoods is limited. The addition of the Maple Street connection will greatly improve the accessibility from the trail system to this major destination for the campus's faculty, staff, visitors and students. The next step for the Maple Street project is to finalize the design plans with the safety upgrades and establish the funding for construction. The Walton Family Foundation has expressed interest in providing funding for the construction through a 50:50 matching grant. With approval from City Council, an application will be submitted to the Walton Family Foundation requesting a maximum grant amount of $3 million with the matching funds split between the University of Arkansas and the City of Fayetteville in the estimated amount of $1,500,000 each. BUDGET/STAFF IMPACT: Funds have been identified in the first phase of the 2019 bond with $1 million from the transportation portion and $500,000 from the trails portion of the 2019 bonds. If the Walton Family Foundation Grant is approved in the maximum amount of $3 million then the City of Fayetteville will be responsible for an estimated of $1,500,000 for the construction of the Maple Street project. Engineering staff has prepared the grant application and will be responsible for overseeing the grant requirements. A construction manager at risk will be selected by the City to oversee the construction and coordinate with Olsson on the final design and costs. The University of Arkansas has also offered their facilities staff to be assist with the construction process. Attachments: Maple Street design presentation materials • �.,� ;,�'�`. �^ �' ,,,���� ,�` _� � Fes. �"• S1r �. /;fir-�[A'i` AL AL _ }.may+ "�,_,r'" f• MAPLE STREET REDESIGN 001111 UNIVERSITY OF ARKAN SAS 2015 UNIVERSITY OF ARKANSAS CAMPUS TRANSPORTATION PLAN Fl%nd Pyk[g MW Stles➢e wa u Enullmem In - Palmas Pu Enellad $ladder by Yaw au nawdM�i •earcnexcl ao rxa lti >Ladrd i„peo belnam ar•6Fw�l and pere•q wpr•'. m•xrur+e rww drm aEwn snonapes c• vre xop]. tr<ra[e W anv euopFn e•J fuHre omr[renn m isw,ry nnf'lnppen imf d endxrrd pwH nxcxpn conm„[ns HOr.�.r,,h, e�rsh errs nanwle n nxa, -IWW fivx+�ae•G w�:^p uxef wnea+vra axvrnNyauvlua lnpgn ppuryp [w>•+q .. a. ea noeu �r. maulre•1�.PLa[a•Mm deay.iboare�••�be,fa�3.5pD wrwn p`clly malo•ere•rllnn. er'•:xe xe,+rmosmf enea*wE parap Np,epnwaernler •+s'Wr9,oswe,r. urb•9 cnodi� °f yvicepmnenn mmprverre. rof ecuW empfr. eawie•9 eer [onion a Aa'caa•a�^] ecav[a Pepan¢ Orq oKKb car4M• oomeneK n 1.'nMr Ay of Alkenuf1[m•a Plan 1M p+'bv noeP+.ey in[ti w+iw • wpH h.a servxx . m..n.waae..o u*w�oPw,w ew ,�rpn,. a°a�wex orwren.mwi a r,p.w w„xd•1•.SWp'�,r perY:q espwprea 5neec ur�ya[[a 6W Ywe krwr. --"vGrayp e.,nn rwr pay. it °n+wry LEAD STRATE GV: Cfeate •'Las[ Mlle" a^ �ef.p.•�[.�c.rwes. ebyrowey vs• wx.n ea•[.. 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Gry urp �rw o-nv'w.o e�w Po- ri«� er wxr•xs.eu ar�pe,b elr]x[a. xe%avN.ylerc . ems. urw.rnm o[y rper.eae,LY.....,n ANdiy Qivc[ tla2 CppO°�a[vm u^•reie'•eepyeex ira�xt W pnlcersa]•of Alkenaf! ::nlan 'lan The plan recommended Maple Street as the "most direct and grade -friendly corridor" to connect elements of the surrounding bike and pedestrian trail system. 2015 NWA REGIONAL BICYCLE AND PEDESTRIAN MASTER PLAN w IK—C attar .'E T•axaenm University of Arkansas Loop From: Rax b-k Rf 1l 1 Grmmay and Maple Street d. I:r,l. Ir.t..�„ xy lr51 rl Tp; Oak Ridge Trail Inrnu:li,.n In Ihr K-1—i Rcyi- .1 [:rrniway p Exlamlan of Jir Oat Rldpr Trail w ]1, S r Dlsterme: l.i m11- Speed llmlt: 25 mo Why tN%pralea n torpor nt: • HI{h k ieFhk�ek. pedeur:�n. r,d usanel:.n l�alRc IJ�ereur otArkuru • Hydtl demW—IMwJ"eWen. r�yewre.arl•eenair.k�pe=.yn oprkw (or Alrplr Arch Cowcn.nrlr Psmrtack Aegiooal . cnrraw.. Rrm;dna m��u rvWef'cw pond n nFgr[Iovlpr} • Pan of ke Ilnilage Taal _ ��.mlenervelen w K si rrppTrrM WAAKAKW MAP 5.1 University of Arkansas Loop C n••Nlx lwynin Ix]drfa�iM 1'Neunn lwYin �.:.::: I• rxp...J�..JI'.P...Jiti •\-. P.q....15.i..i.N wl.-.. .i _. I�Y+K .�^•. •11 mn.Y._.... ue Mrliw ^lFa�iN•M N..a-.. 1 r.r5'b..d •yr•rNr+vr+�+,vrn••r: •.•. SrYOA '1-h�.4.rldn • wy..�n......e '�ataxl^f%�Wh hplmxnar 5-13 The plan identified Maple Street as Fayetteville's highest- priority project for extending and integrating the city and university's bike and pedestrian network. 2017 CAMPUS BIKE CIRCUIT MASTER PLAN ® UNIVERSITY OF n z ARKANSAS '= Tay[:.r ry — CAMPUS BICYCLE CIRCUIT � �, �•,� Lb -- LEGEND MAPLE CYCLE TRACK i ■ �� ..................... ■ ■ ■ ■ ........ . ■ SITS ROUTES + ■ + • • w ■ at.. Route • N IN Purple Route 2 IN IN • o ■ IN f Red RouI9 • ■ It Green Route + p ■ Yellow Rout* IN x . ■ •■■■■� ■ ■ ■w ■+•�Ir:i[.i�I: S €K I STING TRAILS + . =OYF V Y �. . • • - RB9kfM1 ■ ■■■■■■+■■■�■■ eFe 6 IN .9 • ■ Green yK 4+� IN L:I.:. Oak Ridge Tra11/ n ■ r Existing Pat4i o` G � r _ vY I:6;c Cr x r y ■ ■ ■ M� ■ • :'.I:�a: ■ ."hllcaiJr.• s PROPOSED CONNECTIONS I IN i Oak Ridge connxmr _1,,_,_ ■ 'o _• — i ■ t Wr■nd Snanel Street Np + � ' ■ ■ ►�'• • 5[ � _ h . I Map[a Cycle rracK t >• A S z -% w 1■ r ■Ike Route 4:' I'J1ia[ It OAK RIDGE TRAIL PREPARED 61: it rJC:[%i.[:i� sr � wwrxws+p�K.w The university and city hired consultants in concert with the Walton Family Foundation to investigate how the campus bike network idea could be refined and implemented. transforming Maple Street into a "livable street" A livable street changes the level of service in auto -dominated streets to better accommodate the interests of pedestrians and bicyclists, creating a safe space for all travel modes, where motorists are compelled to behave socially. — highway design standards, in terms of excessive lane width and design speed have currently been misapplied to the existing street design; local street design should be based on civility rather than simply traffic throughput — holistic and context -sensitive street design enhances safety and manages increased use; changing street optics and character will improve motorist behavior (especially attentiveness) — new street corridor is designed as an urban landscape rather than just a `traffic facility' to knit the campus and neighborhood back together FLC All -W .1 oil it 4K ONE-WAY STREETS REDUCE �� TRAFFIC TURNING ONTO MAPLE _ s NEW SIGNAL ALLOWS GREGG� ' TO SERVE AS VIABLE will ALTERNATE VEHICLE ROUTE AI Improvements to the overall street network will support traffic flows in concert with redesign of Maple Street as a "livable street". EXISTING O too -wide vehicular lanes 4 © extra pavement at former parallel -parking © sidewalk width and alignment varies O inconsistent lighting © inconsistent markings/signage Too much underperforming asphalt can be put to better uses to increase mobility, safety, and appearance fitting of our town -gown interface. Ffers} .ting design it markings/signage around beacons .t.'`-~ S.� ��, r -•�' ..: '+:+per � - -.�.. -� -� '•r:.>w+`.: � �TM� .r.�.. .� �_ ..{�.��.: '. ��!•. � - - • k� a ,, ,: - f, tit � -. �. 1.1'ro r �� �• f - .. awr%, R i �Yri IN 1 A landscaped strip separates vehicles from the cycle track and pedestrian walk along the campus edge. The strip also provides a pedestrian refuge at mid -block crossings. CROSSWALK baseline O standard crosswalk bars © standard vertical signs © mid -street warning sign O yield line © in -ground beacons O passive detection sensors L•7 � O � � O P zz -Iqmpp- � --qqppl The transformation of Maple Stre( takes a holistic view of the corrid simultaneously addressing best d practices for safety and adding n( mobility options, while enhancing character of the city and campus City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0160 Agenda Date: 4/21/2020 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 1 ENACT ARTICLE X PEDAL CARRIAGES: AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 117: VEHICLE -RELATED BUSINESSES WHEREAS, a local entrepreneur approached City staff seeking the right to operate a pedal carriage business in the core of Fayetteville; and WHEREAS, City staff worked with City departments to craft proposed rules and a zone of operation for a pedal carriage business; and WHEREAS, the item was presented to the City Council Transportation Committee on February 25, 2020, which unanimously forwarded the proposed ordinance to the full City Council with a recommendation of approval. 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 enacts Article X Pedal Carriages in Chapter 117: Vehicle -Related Businesses of the Fayetteville City Code as shown in Exhibit "A" attached hereto and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 41812020 Devin Howland Submitted By City of Fayetteville Staff Review Form 2020-0160 Legistar File ID 3/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/26/2020 ECONOMIC DEVELOPMENT (050) Submitted Date Division / Department Action Recommendation: STAFF IS RECOMMENDING APPROVAL OF AN ORDINANCE WHICH ESTABLISHES THE RULES OF OPERATION AND A ZONE OF OPERATION FOR PEDAL CARRIAGES IN THE CITY OF FAYETTEVILLE. Budget Impact: Account Number Project Number 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 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 MARCH 17, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality Blake Pennington, Assistant City Attorney DATE: February 27, 2020 CITY COUNCIL MEMO SUBJECT: An Ordinance establishing the rules of operation and zone of operation for pedal carriages in the City of Fayetteville RECOMMENDATION: Staff is recommending the approval of an ordinance which establishes the rules of operation and a zone of operation for pedal carriages in the City of Fayetteville. BACKGROUND: In 2019, staff was approached by a local entrepreneur, Amber Sinclair, who was interested in seeking the rights to operate a pedal carriage business in the core of Fayetteville. Staff worked with various City departments, including the Fayetteville Police Department and City Attorney's Office to craft the attached ordinance. The item was presented to the Transportation Committee on February 25, 2020 with a 4-0 recommendation to forward to City Council for approval. DISCUSSION: A pedal carriage is defined as "A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or more wheels operated by one or more persons which transports or is held out to the public as available to transport passengers for hire, or for a gratuity, and is specifically designed and manufactured for that purpose. "A wide range of companies operate these vehicles in numerous municipalities across the country. Staff feels theses types of carriages can have a positive impact in the areas they operate, while providing an experiential opportunity for residents and tourists alike to utilize their services. The proposed ordinance states these carriages must be operated by a driver at least 21 years of age who would be an employee of the company and hold a Certificate of Public Convenience and Necessity and a Pedal Carriage Drivers Permit from the Fayetteville Police Department, as outlined in the ordinance. The ordinance also requires the permit holder to carry general liability insurance for bodily injury and property damage of not less than one million dollars. Numerous safety parameters are further outlined in the ordinance, including enhanced breaking systems. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Due to their size, pedal carriages should not be allowed to operate on sidewalks, trails, or any closed street. These carriages can be up to 212 inches long, 94 inches wide, and weigh over 2,000 pounds. Zone of Operation: Attached you will find a zone of operations map where pedal carriages whom possess the proper permits from the Fayetteville Police Department will be legally allowed to operate. At the applicant's request, two approved routes are also included so that the pedal carriages can access other unique areas of interest outside of Downtown. The southern route utilizes S. Hill Avenue, S. Ellis Avenue, W. 13' Street and a City owned alley to access Nomad's at the intersection of S. School and 15th Street. The route to the north utilizes N Leverett Avenue to access the concentration of breweries and restaurants located in between W. Ash Street and W. Poplar Street. Note on Alcohol Consumption: Legal consumption of alcohol by patrons on a pedal carriage would only be permissible within an area that met the following conditions: 1. The area was designated as an "Entertainment District" per Act 812 of 2019; 2. The rules of the "Entertainment District" permitted alcohol consumption on the carriage. Pedal carriages operate successfully across the country with no alcohol consumption. Staff has discussed revisiting alcohol consumption in the future with the applicant following a successful operation period of both pedal carriages and an entertainment district, should City Council vote to designate a portion of the zone of operations for pedal carriages as an entertainment district in the future. At this point in time the applicant plans to partner with local businesses to do "pedal tours" of various bars and breweries in Fayetteville. Note on concern for potential impact on transit lines and University of Arkansas Traffic Flow: The University of Arkansas's transportation division identified several points of concern over possible negative impacts to transit lines on the northern route and the southern route as it relates to Razorback Transit. The applicants request to get to the Poplar area can only be accomplished by utilizing Leverett, since it offers a signalized crossing over W North Street. The applicants request to get to the 151h Street and South School is best accomplished by utilizing S. Hill Ave, since it offers a signalized crossing over M.L.K. Jr Blvd. To mitigate these concerns, staff is recommending limiting any pedal carriage operators from traveling the routes outside of the zone of operation to times when routes 13, 22 and 26 would not be impacted: Any Sunday May 11-August 24th after 6:OOPM BUDGET/STAFF IMPACT: N/A Attachments: Zone of Operations Map Ordinance Letter of Support from Amber Sinclair EXHIBIT A ARTICLE X - PEDAL CARRIAGES 117.120 - Definitions For the purpose of this article, the following words and terms have the meaning ascribed thereto: Driver. An individual at least twenty-one (21) years of age who operates a pedal carriage. Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to provide pedal carriage service in the city. Pedal carriage. A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or more wheels operated by one or more persons which transports or is held out to the public as available to transport passengers for hire, or for a gratuity, and is specifically designed and manufactured for that purpose. Pedal carriage service. The business of offering or providing transportation of persons for hire, or for a gratuity, in a pedal carriage, when: (1) A driver is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route or within a zone of operation by right. Pedal carriage driver's permit. A permit issued to an individual by the Chief of Police to operate a pedal carriage for hire in the city. Operate. To drive or be in actual physical control of a pedal carriage. Permittee. An individual who has been issued a pedal carriage driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two (2) or more persons having a common economic interest. Preapproved route. Pedal carriage service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the Police Department. 117.121 - Certificate Of Public Convenience And Necessity Required; Issuance Procedure (A) Certificate Needed For Operation. No person shall operate or permit a pedal carriage owned, leased or controlled by the person to be operated as a vehicle for hire upon the streets or trails of the city without having first obtained a Certificate of Public Convenience and Necessity from the Fayetteville City Council. (B) Information Required for Certificate. An application for a certificate shall be filed with the Police Department upon forms provided by the city, and said application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant, including the name and address of all officers and stockholders of the company, if incorporated, and the name, address and telephone number of the person to whom complaints should be directed; (2) The financial status of the applicant, including the financial status of the officers and stockholders of the company, if incorporated, including the amount of all unpaid judgments against the applicant (officers and stockholders of the company, if incorporated), and the nature of the transaction or acts giving rise to said judgments; (3) The experience of the applicant including all officers and stockholders of the company, if incorporated, in the transportation of passengers, especially as related to pedal carriages; (4) Any facts which the applicant believes tend to prove that Public Convenience and Necessity require the granting of a certificate; (5) The number of pedal carriages to be available for operation or controlled by the applicant and the location of proposed storage areas for the pedal carriages when not in active service. The applicant shall furnish a minimum and maximum number of requested vehicles to be permitted; (6) A complete description of each model or type of pedal carriage sought to be used to include length, width, brakes, any motor assist, year, make, model, rated capacity, lighting and safety features; (7) The hours between which the applicant proposes to provide pedal carriage service to the general public, and the dates, if any, on which the applicant does not propose to provide pedal carriage service to the general public, and; (8) The rate schedule which the applicant proposes to use to charge passengers or receive gratuities. (9) Any proposed predetermined route with scheduled and fixed pick-up and destination points and proposed fare for such pedal carriage service; (10) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter; (11) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and, (12) Such additional information as may be determined to be necessary to assist or promote the implementation or enforcement of this article, or the protection of the public safety. (C) Public Hearing for Certificate. When the Police Department notifies the City Clerk that a proper and adequate application has been filed, the City Clerk shall fix a time and place for a public hearing thereon. The City Clerk shall thereupon notify the applicant who shall have the duty to notify all holders of current and valid Certificates of Public Convenience and Necessity for taxicabs and pedal carriages and provide proof of such service to the City Council. Any interested person shall have the right either in person or by representatives of their own choosing, to be present at all such hearings and to introduce evidence and to be heard either in support of or opposition to the issuance of a certificate. (D) Findings of the City Council. (1) If the City Council finds that pedal carriage or further pedal carriage service is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this subchapter, then the City Clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance; otherwise, the application shall be denied. (2) The City Council shall deny any application in which the proposed hours of service, the proposed rate schedule or the gratuity request are found to be unreasonable to meet the public need. (3) In making the above findings, the City Council shall take into consideration the number of pedal carriages already in operation, the probable effect of increased service on local traffic conditions and traffic safety, and the character, experience, and responsibility of the applicant. 117.122 - Pedal Carriage Permitted Zone Of Operation And Approved Fixed Routes (A) Permitted Zone of Operation. Pedal carriages may only operate and carry passengers within the pedal carriage permitted zone of operation, as shown on the attached map as authorized by the City Council when granting a Certificate of Convenience and Necessity or on routes or for special events as authorized by the Transportation Services Director. Pedal carriages (without passengers) may be taken by licensed pedal carriage operators from a storage, repair, maintenance or cleaning area outside the pedal carriage permitted zone of operation into such zone or onto an approved route where operations may begin. The City Council may further restrict the hours and dates of operation in pedal carriage permitted zone of operation for any or all pedal carriage companies. (B) Route Approval. (1) All routes outside of the permitted zone of operation shall be approved by the Police Department. (2) Operators shall submit to the Police Department all requests for temporary changes in authorized routes, or for participation in special events such as festivals, parades or weddings, not less than three (3) days before the effective date of the change or event. (C) No pedal carriage shall be operated in a location where such operation is not authorized by this ordinance or prohibited by the laws of the State of Arkansas or the Fayetteville City Code. (E) The operator of a pedal carriage shall maintain at least one (1) hand on the steering wheel at all times during movement of the pedal carriage. (F) No pedal carriage shall be operated on a street with posted speed limit of thirty-five (35) miles per hour or greater except for the purpose of crossing that street, unless authorized by the Police Department. (G) No pedal carriage shall be operated using a gas -powered assist motor. 117.123 - Pedal Carriage Driver's Permit (A) Pedal Carriage Driver's Permit Required. No person shall operate a pedal carriage for hire or for a gratuity upon the streets of the city, and no person who owns or controls a pedal carriage shall permit it to be so operated, unless the driver of said vehicle shall have first obtained and shall have then in force a pedal carriage driver's permit issued under the provisions of this article. (B) Pedal Carriage Driver's Permit Application. (1) An application for a pedal carriage driver's permit shall be filed with the Fayetteville Police Department on forms provided by the city. Such application shall be verified under oath and shall contain the following information: (a) Valid current Arkansas Driver's license; (b) The names and addresses of four (4) residents of the county, who have known the applicant for a period of one (1) year and who will vouch for the sobriety, honesty, and general good character of the applicant; (c) A concise history of the applicant's employment; (d) Proof of training in the use and operation of a pedal carriage pursuant to a curriculum approved by the Chief of Police; and (e) Proof of existing employment or a promise of employment when a pedal carriage driver's permit is issued with the pedal carriage company that has a valid Certificate of Public Convenience and Necessity. (C) Police Investigation. The Police Department shall conduct an investigation of each applicant for a pedal carriage driver's permit, and a report of such investigation with a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Chief of Police. (D) Issuance of Permit. The Chief of Police or designee shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the City Council to offer evidence why his/her application should be reconsidered. (E) Form and Term of Permit. (1) Upon approval of an application for a pedal carriage driver's permit, the Chief of Police or designee shall issue a permit to the applicant for an issuance fee of $35.00, which shall bear the name, address, age, signature, and photograph of the applicant. (2) The pedal carriage driver's permit shall remain in effect unless suspended or revoked until January 31, the following year. The pedal carriage driver's permit may be reissued for another year for a reissuance fee of $35.00 by the Chief of Police or designee after ensuring the applicant continues to meet all requirements of this section. (F) Application Returned to Pedal Carriage Company. When a driver's permit is issued, the application and supporting information shall be returned to the holder of the Certificate of Public Convenience and Necessity to be held by the certificate holder so long as the driver is employed by the certificate holder. 117.124 - Display Of Permit Every permittee under this article shall post his or her driver's permit in such a place as to be in full view of all passengers while the driver is operating a pedal carriage. 117.125 - Suspension, Revocation Of Permit The Chief of Police or Assistant Chief is given the authority to suspend any pedal carriage driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article, such suspension to last for a period of not more than ten (10) days. The Chief of Police or Assistant Chief is also given authority to revoke any driver's permit for failure to comply with the provisions of this article of for the violation of any local, state or federal law. However, a permit may not be suspended or revoked unless the driver has received notice and has had an opportunity to present evidence in his or her behalf. 117.126 - Insurance Requirements (A) A holder shall procure and keep in full force and effect commercial general liability insurance written by an insurance company approved by the State of Arkansas and acceptable to the city and issued in the standard form approved by the State Board of Insurance. All provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city as additional insured and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a pedal carriage service by the holder. (B) The commercial general liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one million dollars ($1,000,000.00) for each occurrence and $5,000,000.00 aggregate, and shall include coverage for premises operations, independent contractors, products, completed operations, personal injury, and contractual liability. (C) Insurance required under this section must include: (1) A cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or making a material change to the insurance policy; and, (2) A provision to cover all pedal carriages, whether owned or not by the holder if operated under the holder's Certificate of Public Convenience and Necessity. (D) No insurance required by this section may be obtained from an assigned risk pool. (E) A Certificate of Public Convenience and Necessity will not be granted and renewed unless the applicant or holder furnishes the city with such proof of insurance as the city considers necessary to determine whether the applicant or holder is adequately insured under this section. (F) If the insurance of the holder lapses or is canceled and new insurance is not obtained, the Certificate of Public Convenience and necessity shall be suspended until insurance coverage required by this section has been obtained. A person shall not operate a pedal carriage service while the certificate is suspended under this section. (G) The holder shall provide adequate employer's liability insurance for the employees as provided by law. 117.127 - Conduct Of Drivers Drivers shall at all times: (A) Act in a reasonable, prudent, and courteous manner, including with disorderly passengers; (B) Maintain a sanitary and well-groomed appearance; (C) Not inhale or consume any alcoholic beverage, drug, or other substance that could adversely affect his or her ability to operate a pedal carriage; (D) Not permit a person other than another employee of the pedal carriage service with a valid pedal carriage driver's permit to operate a pedal carriage under his or her control; (E) Not permit any person to ride on a place not intended for passengers of the pedal carriage. (F) Ensure compliance with the City's noise ordinance. (G) Follow all applicable traffic regulations, whether in the City of Fayetteville Code of Ordinance or in Arkansas law, and shall not stop to load or unload passengers in the intersections of any streets, in any crosswalk, or in any manner or location that would impede the flow of traffic or be considered unsafe. 117.128 - Pedal Carriage Equipment; Inspection (A) Inspection and Maintenance. Each pedal carriage shall comply with all the safety requirements imposed by all state, federal or local laws. Each pedal carriage shall submit to an annual inspection for compliance with the requirements of this article. The inspection shall be performed by the Transportation Services Department. The fee for inspection shall be $50.00 per pedal carriage inspected. No certificate shall be issued or continued in operation unless the holder thereof provides proof of annual pedal carriage inspection for each pedal carriage in service. (B) Required Equipment. A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each pedal carriage: (1) Headlight; (2) Taillights; (3) Lights or reflectors on the front and rear corners of the passenger compartment; (4) Approved braking system, which shall include hydraulic or mechanical disc or drum brakes, or other type of brakes that are unaffected by rain or wet conditions, as well as a secondary braking system; (5) Pneumatic tires that conform with the manufacturer's specifications on all wheels with adequate tread depth; (6) Evidence of insurance and city map; (7) Mirror; (8) No exposed rust, ripped upholstery or fabric, visible chips or scratches on any painted surface, exposed wood that is not painted and in good condition, or dirt or debris on any surface accessible to passengers. (9) Rate card complying with their Certificate of Convenience and Necessity and this code posted in clear view of passengers; (10) Child safety helmet available for passenger use; (k) Sound -warning device; (1) The identification number assigned by the Fayetteville Police Department for the pedal carriage and telephone number of the pedal carriage company shall be displayed on the rear of the pedal carriage with numerals no smaller than 2 inches in height and 1 inch in width. 117.129 — Rate Schedules The holder shall maintain a current rate schedule on file with the Police Department and shall not advertise or charge any rate or fee other than the amount on file. 117.130 - Transfer Of Certificate No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Council. 117.131 - License Fees No certificate shall be issued unless the applicant has paid a license fee of $100.00 to offset the administrative costs to issue a Certificate of Public Convenience and Necessity. 117.132 - Suspension, Revocation, And Cancellation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Fayetteville City Council if the holder thereof has: (1) Violated any of the provisions of this article; (2) Violated any ordinances of the city, or the laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (B) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (C) If any holder of a certificate goes out of business, fails to operate under the certificate for one (1) calendar year, fails to have any vehicle inspected to operate under the certificate for one (1) calendar year or fails to have any driver or operator properly permitted under the certificate for one (1) calendar year, the holder's Certificate of Public Convenience and Necessity shall be deemed abandoned and shall be denoted as cancelled and invalid by the City Clerk. 117.133 - Number Of Passengers In Pedal Carriages Limited Pedal carriage drivers must ensure that the manufacturer rated carrying capacity of their pedal carriages is never exceeded. 117.134 - Pedal Carriages May Not Use Public Sidewalks, Trails, or Closed Streets Pedal carriages may not operate on or park on public sidewalks in Fayetteville. Pedal carriages must pay a full normal parking space fee when stopped for more than one (1) minute or parked within a paid parking space. Pedal carriages shall not be operated on any trails in the city or on any closed street. 117.135 - A.D.A. Compliance Holders shall comply with all applicable provisions of the Americans with Disabilities Act. 117.136 — Accidents All accidents arising from or in connection with the operation of a pedal carriage shall be immediately reported to the Police Department if the accident results in death or bodily injury to any person or damage to any vehicle or property in an amount exceeding five hundred dollars ($500.00). Any other accident shall be reported to the Police Department within seventy-two hours from the time of the accident occurrence. Pedal Carriage Zone of Operation Map Dashed Green Line = approved routes * Pedal carriages shall not be permitted to drive down College Avenue or Archibald Yell Blvd. * Crossing of College Avenue would only be permitted at signalized intersections. I Vim CITY OF FAYETTEVILLE ARKANSAS r 'Fj LA ,Uondland N' a Isv',IR or? St I r: SYcam �e tia, ' Q I f GrCa a Park � c I I q V 7 Y } err p Veterans Evelyn v H2a![h Care hills 112I System of the orarks y H W 1 a ln9taa Or I � v North Sl I v n ❑ 7 Q pi Y Lever2rC - LA 4 Prospact5L v Wilson Park Reb—ca St a ouplas St _ Tr eTeton Hlyd v } Q Q ri?ayle St 71u1 O M aµle St 3 m Ibashing[nn = n � - Lafayette St -zordark tadium a y I m V E R 5 I T Y 6i,ksan St ❑wksoh St a O F � y } y a ? u A R K A N S A S g spring St a N x v 6. v G �5 7y m v rater St S �,Nfi lu iJOwntawn s Squaro' Bud { vVellon y } Arena u 84fldog tslvd � •pub c r'� m F. H. S. ti a C Prairie St a Q m a t 1 uthNr K J J ,n _ my r 61y v E L `v v The Uue i Place aprs I c o el �x. -Cmez Cemetery N 1 RqBacfe y • rq� ,% Foods ^ A 16, 15th St 7Lh St a' v a � Walker a Mcclintai St Park c G n L R y t3a,st 3 „ L 0 15th St Ash st February 11 th, 2020 Dear Mayor Jordan & City Council Members, My name is Amber Sinclair, and I am a business owner in the Northwest Arkansas area. I recently started a new business venture with a company called Pedal Pub while currently working as a professional photographer and consultant for a local advertising company. I am writing to you in support of the updates to the Chapter 117, Article IX — Pedicabs to include Pedal Carriages and why these updates would be beneficial to my new business and the city. Pedal Pub has an interesting history in becoming a leader in the experiential tourism industry. Pedal Pub Inc brought the first bike from Amsterdam to the U.S. in 2007, after the owners saw a similar concept in a parade. Fast forward just a decade later, and they are operating in more than 60 cities all over North America, creating a fun, safe, and eco-friendly experience for millions of guests annually. In the process, Pedal Pub has partnered with the world-renowned bike manufacturer, Fietscafe®, the original `party bike' from Amsterdam, to ensure every bike is of the highest quality and meets exceptional safety standards for the benefit of all riders. They have also partnered with a company called Merrymeeting Group (MMG), a company that specializes in franchising and technology, leading to where we are today! The Fayetteville Pedal Pub franchise plans to provide an extraordinary tourism experience all over NWA for every customer. Not only will it create authentic and meaningful memories through positive team -building experiences, but also offer community members and tourists alike a chance to socialize with friends while partaking in a light workout in a unique way. I plan to bring a unique tour experience to the area creating an opportunity to see the city from a rare perspective while pedaling the party bike as a team throughout the entirety of the tour. Each tour will allow customers to visit landmarks, bars, and select breweries that have become staples in Fayetteville. On each route there will be a few stops along the way depending on the approved routes. These signature stops will include businesses that I have partnered with for drink specials, retail discounts, and various photo opportunities in the area. Since Pedal Pub is a new concept to the Northwest Arkansas area, updating the current pedicab ordinances to include pedal carriages would allow my business to operate in Fayetteville. As you know, the current rules and regulations for pedicabs includes restrictions on width, routes, route times, fees per passenger, the number of passengers, streets with specific speed zones, to how many wheels pedicabs are allowed to have. By the city revisiting and updating these rules and regulations to allow more than just one type of pedal based operation it will allow my businesses concept to flourish in Fayetteville with others as well. Fayetteville has grown, and continues to grow, into a spectacular hub of culture, education, and business. Having something unique like Pedal Pub will directly enhance the experience and amenities for patrons in this wonderfully funky town. I support moving forward with updates to Chapter 117, Article IX — Pedicabs to include Pedal Carriages. I encourage everyone on the council to consider all new types of pedal based concepts when these changes are made and to expand the restrictions to account for more diverse operations. Thank you for your time, I look forward to seeing what the City of Fayetteville has to offer in the future! R�77iL �� Amber Sinclair Pedal Pub Fayetteville Eclectic Bee LLC 479.531.9511 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0265 Agenda Date: 4/21/2020 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 2 RZN 20-6984 (2160 N. CROSSOVER RD./SALMON-KLINGER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6984 FOR APPROXIMATELY 2.25 ACRES LOCATED AT 2160 NORTH CROSSOVER ROAD FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES AND FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office to CS, Community Services and from RSF-4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services General Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 41812020 City of Fayetteville Staff Review Form 2020-0265 Legistar File ID 4/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 3/20/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 20-6984: Rezone (2160 N. CROSSOVER RD./SALMON-KLINGER, 333-372): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2160 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, R-O, RESIDENTIAL -OFFICE, AND C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.25 acres. The request is to rezone portions of the property from R-O to CS and from RSF-4 to NS-G. 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 APRIL 7, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: March 20, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-6984: Rezone (2160 N. CROSSOVER RD./SALMON-KLINGER, 333- 372): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2160 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, R-O, RESIDENTIAL -OFFICE, AND C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.25 acres. The request is to rezone portions of the property from R-O to CS and from RSF-4 to NS-G. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property, as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on the east side of Crossover Road/Highway 265, between Kantz and Citizens Drive to the north and south. Overall, the property includes one parcel split zoned R-O, Residential Office, and C-1, Neighborhood Commercial, and a portion of second parcel to the north zoned RSF-4, Residential Single-family 4 Units per Acre. The property is currently undeveloped and used periodically for firework sales and as mobile vendor location, Despite the appearance of substantial lot depth from Crossover Road, the side is encumbered with extensive right-of-way and easement near the street and floodplain with associated streamside protection zones along Flynn Creek to the east. Request: The request is to rezone the 2.25-acre property to a mixture of NS-G and CS. The southern portion of the property, totaling 1.94 acres is proposed as CS, while the remaining 0.31 acres is proposed as NS-G. The applicant has indicated that the request is to encourage nonresidential development, including for drive-thru use. Land Use Compatibility. The proposed zoning is generally compatible with the surrounding mixture of existing nonresidential and residential uses. The immediate area contains a range of development types, including single-family to the north and east, multi -family to the northwest, mixed -use office -residential and auto -oriented businesses to the west, and bank offices to the south. The proposal of CS compliments all the adjacent nonresidential uses while segueing to the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 lower -intensity, nonresidential development allowances in NS-G adjacent to the residential uses to the north. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding property is a mixture of Residential and City Neighborhood Areas. One of the primary goals of City Plan 2040 is for zoning decisions to be made that help create complete neighborhoods and make compact, complete, and connected neighborhoods the standard. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of both the Residential and City Neighborhood Areas by supporting a wide variety of uses and densities, particularly along connecting corridors, like Crossover Road. The proposed rezoning to CS and NS-G on the subject property address this goal by permitting a wide spectrum of residential and non-residential uses. Both districts accommodate the potential for mixed -use developments that encourage walkability and less dependence on vehicles for transportation. The proposed rezoning also addresses City Plan 2040's prioritization of appropriate infill and the discouragement of suburban sprawl. While development under either the existing or proposed zoning districts may reduce the need to extend water and sewer service, or stretch existing fire and police department resources, the CS and R-O zoning districts and their variety of allowed uses can reduce the firm separation of land uses that result in sprawling development. DISCUSSION: On March 9, 2020, the Planning Commission inquired if the applicant if they would entertain modifying their request from a zoning designation of R-O to NS-G. The applicant agreed and forwarded the proposal to City Council with a recommendation for approval by a vote of 8-0-0. Additionally, the Commission recommended the portion of the property to remain R-O, Residential Office, be considered for rezoning to NS-G. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report EXHIBIT 'B' LEGAL DESCRIPTION — Parcel # 765-13321-001 Lot 2 (C-1 to CS): PART OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1 AND PART OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 2, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1, AS SHOWN ON THE RECORDED PLAT 2005-45594 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS; THENCE 503-11-40W 340.50 FEET THENCE, 513-47-37E 28.65 FEEET THENCE, 507-49-09-E 43.70 FEET TO THE P.O.B.; THENCE 587-13 45E 178.69 FEET THENCE, 502-45-23W 164.10 FEET THENCE, N86-47-38-W 197.44 FEET THENCE, N04- 06-23E 55.58 FEET THENCE, N21-56-44E 74.10 FEET THENCE, N07-49-09W 37.69 FEET TO THE P.O.B. CONTAINING 0.70 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. LEGAL DESCRIPTION — Parcel # 765-13321-001 Lot 2 (R-O to CS): PART OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1 AND PART OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 2, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1, AS SHOWN ON THE RECORDED PLAT 2005-45594 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS; THENCE 503-11-40W 129.47 FEET TO THE P.O.B.; THENCE S87-13-45E 193.25 FEET, THENCE 502-45-23W 281.48 FEET, THENCE N87- 13-45W 178.69 FEET TO THE EAST RIGHT OF WAY OF HWY 265, THENCE ALONG SAID RIGHT OF WAY N07-49-09W 43.69 FEET, THENCE N13-47-37W 28.65 FEET, THENCE NO3-11-40E 211.08 FEET TO THE P.O.B. CONTAINING 1.24 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. LEGAL DESCRIPTION — Parcel #765-04570-000 Lot 4 (RSF-4 to R-0): NS-G, per the March 9, 2020 Planning Commission meeting A PART OF LOT 4 OF CROSSROADS EAST IN BLOCK 2 IN FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND Ex-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID LOT 4, SAID POINT BEING THE POINT OF BEGINNING, THENCE NO2-46-30E 69.98 FEET, THENCE 587-13-45E 192.26 FEET, THENCE 502-46-15W 70.00 FEET, THENCE N87-13-45W 192.26 FEET, TO THE P.O.B., CONTAINING 0.308 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: March 9, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-6984: Rezone (2160 N. CROSSOVER RD./SALMON-KLINGER, 333-372): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2160 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, R-O, RESIDENTIAL -OFFICE, AND C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.25 acres. The request is to rezone portions of the property from R-O to CS and from RSF-4 to R-O. RECOMMENDATION: Staff recommends forwarding RZN 20-6984 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 20-6984 to the City Council with a recommendation of approval." BACKGROUND: The subject property is located on the east side of Crossover Road/Highway 265, between Kantz and Citizens Drive to the north and south. Overall, the property includes one parcel split zoned R-O, Residential Office, and C-1, Neighborhood Commercial, and a portion of second parcel to the north zoned RSF-4, Residential Single-family 4 Units per Acre. The property is currently undeveloped and used periodically for firework sales and as mobile vendor location, Despite the appearance of substantial lot depth from Crossover Road, the side is encumbered with extensive right-of-way and easement near the street and floodplain with associated streamside protection zones along Flynn Creek to the east. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre South Nonresidential (Largely Undeveloped) C-1, Neighborhood Commercial East Hiland Dairy Processing Plant RSF-4, Residential Single-family, 4 Units per Acre Multi -family Residential; RMF-24, Residential Multi -family, 24 Units per Acre; West Single-family Residential; R-O, Residential Office; Mixed -use Office/Residential; C-1, Neighborhood Commercial Drive-thru Restaurant (under construction) Request: The request is to rezone the 2.25-acre property to a mixture of R-O and CS. The southern portion of the property, totaling 1.94 acres is proposed as CS, while the remaining 0.31 acres is proposed as R-O. The applicant has indicated that the request is to encourage nonresidential development, including for drive-thru use. Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 1 of 19 Public Comment: Staff has received no public comment regarding this request. INFRASTRUCTURE: Streets: The subject parcel has direct access to North Crossover Road/Highway 265. Crossover is a fully -improved Regional Link with asphalt paving, curb and gutter, and sidewalk along the property's frontage. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the site. Existing 2-inch and 12-inch water mains run along the property's Crossover Road frontage. Sewer: Public sanitary sewer is available to the site from an existing 8-inch sewer main that runs along the property's eastern boundary. A variance of the streamside protection ordinance will have to be granted to connect to the main on this property given it must cross Flynn Creek. The City would prefer connection to be made on or near the northernmost manhole. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. With the presence of Flynn Creek along the eastern extents of this property, portions of the property are within FEMA floodway and floodplain, and protected Streamside Protection Zones. Additionally, hydric soils have been identified on the subject property. Improvements or requirements for drainage would be determined at the time of development. Fire: The site will be protected by Station 5, located at 2979 North Crossover Road, which is approximately 1.0 mile from the subject property. The anticipated response time would be approximately 4.2 minutes. This is within the response time goal of 6 minutes for an engine but within the 8-minute response time goal for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area and City Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. 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. 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. GAETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 2 of 19 Finding: Land Use Compatibility: The proposed zoning is generally compatible with the surrounding mixture of existing nonresidential and residential uses. The immediate area contains a range of development types, including single- family to the north and east, multi -family to the northwest, mixed -use office - residential and auto -oriented businesses to the west, and bank offices to the south. The proposal of CS compliments all the adjacent nonresidential uses while segueing to the lower -intensity, nonresidential development allowances in R-O adjacent to the residential uses to the north. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding property is a mixture of Residential and City Neighborhood Areas. One of the primary goals of City Plan 2040 is for zoning decisions to be made that help create complete neighborhoods and make compact, complete, and connected neighborhoods the standard. A complete neighborhood should provide a mix of uses and housing types where residents can live, work, and play all in the same neighborhood. This policy is embedded in the description of both the Residential and City Neighborhood Areas by supporting a wide variety of uses and densities, particularly along connecting corridors, like Crossover Road. The proposed rezoning to CS and R-O on the subject property address this goal by permitting a wide spectrum of residential and non-residential uses. Both districts accommodate the potential for mixed -use developments that encourage walkability and less dependence on vehicles for transportation. The proposed rezoning also addresses City Plan 2040's prioritization of appropriate infill and the discouragement of suburban sprawl. While development under either the existing or proposed zoning districts may reduce the need to extend water and sewer service, or stretch existing fire and police department resources, the CS and R-O zoning districts and their variety of allowed uses can reduce the firm separation of land uses that result in sprawling development. 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 the property in accordance with the goals outlined in the City's comprehensive plan. Also, the proposed zoning district can beneficially increase residential densities along a major corridor and provide convenience goods and personal services for persons living in the surrounding residential areas, or even in mixed -use development on the subject property itself. Lastly, the reduced building setbacks of the proposed zoning districts can offer flexibility to developers who are encumbered with large easements and the need to observe streamside protection areas. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. GAETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 3 of 19 Finding: The site has access to Crossover Road, a state highway and Regional Link under the Master Street Plan. Given access to the nearby traffic light at Mission Boulevard and the required review of any future development under the access management standards, staff finds that the potential for traffic danger and congestion is limited. 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 RAF-4 and C-1 to R-O and CS may increase the future population density, particularly given the allowance for greater density under R-O and the full spectrum of residential uses under the CS zoning district. That said, the subject property is in an area where increased density is appropriate and desired. Additionally, the subject property has limited potential for adverse impact on infrastructure given impediments to out -sized development that include significant easements along Crossover and streamside protection requirements associated with Flynn Creek. 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 20-6984 to the City Council with a recommendation of approval. (PLANNING COMMISSION ACTION: Required YES (Date: March 9, 2020 O Tabled 0 Forwarded O Denied Motion: Johnson, forwarding the request to the City Council and recommending NS-G, #1 Neighborhood Services, General, in place of the proposed R-O. Second: Belden [Vote: 8-0-0 See Page 5 for Motion #2 GAETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 4 of 19 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.20 — R-O, Residential -Office o §166.21 — C-1, Neighborhood Commercial o §161.22 — CS, Community Services • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Motion: Johnson, recommending that the portion of parcel #765-13321-001 #2 currently zoned R-O and not proposed for rezoning, be considered for zoning to NS-G. Second: Belden Vote: 8-0-0 GAETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 5 of 19 161.07 - 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 Unit 24 Unit 36 Limited business Home occupations Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family I dwellings I 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 I 80 feet Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay —� District Lot 8,000 square 12,000 square area minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 6 of 19 (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- 2019) G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 7 of 19 161.20 - District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services 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 Unit 11 Manufactured home park* Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 I Small scale production (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. rManufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet (2) Lot Area Minimum . Manufactured home park 3 acres G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 8 of 19 Lot within a manufactured home 4,200 square park feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwellina Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two (2) or more 1,200 square feet bedrooms Fraternity or Sorority 500 square feet per resident Setback Front 15 feet Front, if parking is allowed between the right- 50 of -way and the building feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley p y 10 feet Rear, in the Hillside Overlay District 15 feet G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 9 of 19 Urban Form Setback Regulations: A build -to zone that is located i Front between the front property line and a line 25 feet from the front property line Side 5 feet A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a Side -zero lot line* maintenance agreement is filed.** The remaining side setback(s) shall be 10 feet Rear None Rear when contiguous to a 15 feet single family residential district (F) Building Height Regulations. F—Building Height Maximum I 55 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. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7- 19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 2, 3, 4-2- 19; Ord. No. 6245 , §2, 10-15-2019) G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 10 of 19 161.21 - District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses Unit 1 City-wide uses by right Unit 5 Government Facilities Unit Eating places 13 Unit 15 Neighborhood shopping Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Offices, studios, and related services 25 Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Small scale production Unit 45 (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 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. _ Front 15 feet Front, if parking is allowed between the 50 right-of-way and the building feet Side None G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 11 of 19 Side, when contiguous to a residential 10 district feet Rear 20 feet Urban Form Setback Regulations: A build -to zone that is Front located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single- 15 feet family residential district (F) Building Height Regulations. r Building Height Maximum 5 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 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. 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. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; 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. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-2019) G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 12 of 19 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 Cultural and recreational facilities Unit Government facilities Unit 8 Single-family dwellings FUnit9T__ Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit� Eating places 13 15 Unit Neighborhood Shopping goods Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Home occupations 24 Unit Offices, studios and related services P25 Unit Multi -family dwellings P26 Unit Sidewalk Cafes 40 Unit Accessory dwellings P41 Unit Cluster Housing Development 44 Unit Small scale production �45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 13 of 19 Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. A build -to zone that is Front: located between 10 feet and a line 25 feet from the front property line. Side and rear: F None Side or rear, when contiguous to a single- 15 feet family residential district: (F) Building Height Regulations. 7 Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) G:\ETC\Development Services Review\2020\Development Services\20-6984 RZN 2160 N. Crossover Rd. (Salmon -Klinger) 333-372\01 PC\03-09-2020 Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 14 of 19 JORGENSEN +ASSOCIATES Civil Engineering Surveying Landscape Architecture Services February 19, 2020 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Klinger Rezoning RZN 20-6984 Request Letter This letter is in regards to a proposed rezoning and the following required information: 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com A. The current owner of this site is as follows: a. 765-13321-001 (Timothy & Christine Klinger) b. 765-04570-000 (Salmon Family Trust) B. Currently this property is zoned C-1 & R-0. The south half of this parcel is C-1 and the north half is R-0. The reason for the requested CS zoning is to allow this property to be suitable for development for commercial for the intended tenants. The proposed tenants would not be able to develop this piece under R-0 due to drive thru requirements and allowed uses under R-0 zoning. The parcel to the north is zoned RSF-4 and 70' of this parcel is being proposed to be rezoned to R-0 to allow development. C. The property due west is zoned both C-1 & R-0. The property to the north and west is R-SF4 and due south is C-1. The proposed use of Zone C-1 will not adversely impact adjacent land uses and would be similar uses & traffic that are already in this area. D. Existing water and sewer already installed to serve these lots. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development. F. CS & R-0 are the only zoning's that would allow development for the proposed tenants. G. Crossover Road has ample capacity to get cars to the north and south as well as east and west via the light at the intersection of Hwy 45 & 265. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. I. R-0 or RSF-4 is not the appropriate zoning for the needed commercial development. Please review this application and let us know if there are any questions that we may be able to answer. Thanks. Jorgensen + Associates Planning Commission March 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 15 of 19 PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT S 3 IN 83A1H0/US1/T 311d 103POdd W00':)0SSeU@SU36J01'MMM saDIAJaS aan;aagigaay adecspuel 9 LOZl' L 31tl0 m S09=4 31VOSENS L08V'Z8S'6LV:xe3 6UTAE)AAnS 6UIJaauzu3 Inl:) 31111133HS LZL6'Zbb'6Lb aZ)!JJO S3 I VIDOSSy+ . HV'311IA3113AVJ NOUV301 £OLZL a V 'all!naa4aAe3 N 3 S N 3 J H O f :al111 1naPnua S al!nS'anu4 abpuqunS M t ZL ing Commission March 9, 2020 Agenda Item 10 Salmon -Klinger Page 16 of 19 ionaONd IVNOiiv3 la3 NsmoinV NV A8 a3onaONd RZN20-6984 One Mile View KLINGER 0 0.125 0.25 0.5 Miles a0i L l L <� T ��• L HASJL L Z •), z v; TOWNSHIP ST �, 0 �v I NTLE OAKS LN BOIS DE ARC LN I T T L--OAKS DR0l9/rs N O0,OAKS DR i G_OLD_EN_ G& COPPER OAKS DR G 6kKS PLZ 'CZ_t& D�KANTZ-DR C NTZ-CV �a W W C_1 Q u,NS.DR. _ m V` n ;00- PL CAMEL0INIkL LENSFIELD PL —REVERE PLJ I VICTORIAIN Legend 1 1 Planning Area z z z t I Fayetteville City Limits Shared Use Paved Trail 1111" Trail (Proposed) Planning Area Fayetteville City Limits INW q W Q O m R-A Subject Property II ZOKEE,D" PAWNef- 6/ NORTH W O z W a Q ADISON D00 U ,qXY, JEFFREY LN Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI - NI -Agricultural RSF.s RSF , RSF.z F] RSF e RESIDENTIAL MULTI -FAMILY RMF-6 RMF- RMF-18 RMF- � RMF-ag INDUSTRIAL I - e y Commercial anb Light Intlustrial 111111111 z Ina nal EXTRACTION E-1 COMMERCIAL C-3 -3 FORM BASED DISTRICTS b ,, Th Un Core � Urban ro � Downtown Generatla c --ty services Naigbbarbaotl Services Neigbbmbootl Conaervelicn PLANNED ZONING DISTRICTS I♦ Commemiel, Intluetriel, Reaitlangal INSTITUTIONAL —11 Planning Co mission 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 17 of 19 KLINGER Proposed CS s F r Proposed CS i r r r r r r r r r C-1 r i r RMF r /� r ♦ I ' A r O N r N r CS Or L + m z 10 RZN20-6984 Close Up View RMF-24 KANTZ- DR R-0 CITIZENS DR Subject Property RSF-4 PP, —r J 00 - - -MISS►ON'g�VD-ONORTH Zoning Acres Legend CS 1.9 R-O 0.3 Trail (Proposed) Planning Area Feet �- - - Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Total 2.2 Planning CoInn' 9 ission 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 18 of 19 RZN20-6984 KLINGER Current Land Use A& NORTH ,, fl Single -Family Residential f - KANTZ DR a _rar Undeveloped Mixed I•, ,0 - Use ILU `0" O 'vi Subject Property l > Single -Family -. Residential in — - — Commercial r awl -- k - C Commercial I F FEMA Flood Hazard Data 100-Year Floodplain Feet Floodway Trail (Proposed) 0 55 110 220 330 440 Planning Area 1 inch = 150 feet ,- Fayetteville City Limits - - -; Planning Co mission 9, 2020 Agenda Item 10 20-6984 Salmon -Klinger Page 19 of 19 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0292 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 1 File Type: Resolution ZION ROAD CONSTRUCTION PROJECT CONDEMNATION AND POSSESSION: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY TRACY GADDY-MAYES NEEDED FOR THE ZION ROAD CONSTRUCTION PROJECT WHEREAS, the City of Fayetteville and Tracy Gaddy -Mayes have been unable to agree upon a fair price for 419 square feet of right of way, 1,085 square feet of permanent utility easement, and 2,365 square feet of temporary construction and draining easements needed to complete the widening of Zion Road from Vantage Drive to Crossover Road; and WHEREAS, the City of Fayetteville needs to gain possession of this needed property promptly to begin work on this public improvement and to not delay construction of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council for the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the Zion Road Construction Project and owned by Tracy Gaddy- Mayes, that is needed for right-of-way or other easements for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $15,000.00. City of Fayetteville, Arkansas Page 1 Printed on 41812020 Matt Casey Submitted By City of Fayetteville Staff Review Form LULU-ULyL Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Tracy Gaddy -Mayes necessary for the Zion Road Construction Project. Budget Impact: 4602.860.7212-5805.00 4602 - Streets Bond Projects Account Number Fund 46020.7212 Streets Bond Projects, Zion Rd. Improvements Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 36,670,961.00 $ 3,843,351.72 $ 32,827,609.28 $ 15,000.00 $ 32,812,609.28 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: March 30, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Tracy Gaddy -Mayes necessary for the Zion Road Construction Project. RECOMMENDATION: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Tracy Gaddy -Mayes necessary for the Zion Road Construction Project. BACKGROUND: Zion Road from College Avenue to Highway 265 was included in the previous Transportation Improvement Bond Program. The first phase of construction between College Avenue and Vantage Drive was completed in 2008. In 2013, the second phase, between Vantage Drive and Highway 265, was approved for funding through the bond program. On May 6, 2014, the Fayetteville City Council approved a contract with MCE. for the design of the second phase of Zion Road. The design was completed in early 2015, but there were not sufficient bond funds remaining at the time to fully fund the construction of the project. This project was identified as a priority for the 2019 Transportation Bond Program. On July 16, 2019, the Council approved a contract with MCE to update the plans to include a revised cross section consisting of a three - lane section with a 10' wide multi -use trail on the north side and a 6' wide sidewalk on the south side. DISCUSSION: Right of way and easement acquisition began for this project in September of 2015. Staff has been successful in acquiring all but one of the properties for this project. The owner of this property at 1633 E. Zion Rd. has expressed concerns and has refused to sign right-of-way and easement documents as based on these concerns. This is the last of the eighteen properties to be acquired for this project. Staff will continue to negotiate with this property owner to avoid condemnation if possible. However, it is imperative that the right of way be acquired in a timely manner so as not to delay the construction of the project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The payment for land acquisition will be made from the project budget allocated for the Zion Road Project, which is funded by the 2019 Transportation Bond Fund. The agenda item staff review form indicates $15,000 as the cost of this request. It should be noted that this is an estimate, based on the appraised values of the properties, and that the final cost is subject to negotiation with the property owners or by court order. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when the condemnation complaint is filed for each property. Attachments: Property Exhibit ROW Exhibit Vicinity Map ZION ROAD E 1 765-15659-000 Tracie S. Gaddy 1633 Zion Road a S �\ t*4 1 J� 3t r f 4w f^ 41 TRACIE S. GADDY + 1633 ZION ROAD BASIS OF BEARINGS: „ „ MAINT ROW-5,072 FT2 (0.12 AC) ARKANSAS STATE PLANE COORDINATE EXHIBIT A MAP PROP ROW-419 FT2 (0.01 AC) SYSTEM, NAD 83, NORTH ZONE. TRACT 15 PROP ESMT-1,065 FT2 (0.02 AC) (NOT A PLAT OF SURVEY) PROP TCE-2,365 FT2 (0.05 AC) 4 TOTAL ROW TO BE ACQUIRED i NE CORNER 5,491 FT2 (0.13 AC) 2I0lv h'O�h NW1 /4, SW1 /4 SECTION 24 - - T-17—N, R-30—W N2' 33' 16"E 37.19' Cys N2° 33' 16"E_,// 24.63' j0 00, CD- -- Willi p �2 S54' 39' 52"E — �= o� 16.29' N80` 40' 50"W � N54' 39' 52"W 75.96'rl 0 00 N r` I 16 IV io \ �N N74° 06' 02"W s� �\ \ R=772.50', D=95.79' N60. 00 16.23' s co CH=N71'36'34"W, CD=95.73' �` s �� ►� Lfi IN81' 17' 13"W 54.82' 66;, T (V N iiT R=370.00', D=36.46' CH=N57'29'16"W, CD=36.45' R8>s. 7>•4/ " POB 2 0 7.78'ID �1 13 TRACT 15 765-15659-000 2003-39528 TRACIE S. GADDY 0 15 30 SCALE: 1 "= 30' L E G E N D 0 MAINTAINED RIGHT OF WAY PROPOSED RIGHT OF WAY ,,.�. PROPOSED UTIL. EASEMENT 0 PROPOSED TEMP. CONST. ESMT. -'r CORNERS OF PROPOSED RIGHT OF WAY CORNERS OF PROPOSED UTILITY ESMT 765-15659-000 TAX PARCEL NUMBER 17 •N NW/4 SW/4 SEC 24 T-17—N R-30—W D EXISTING PROPERTY LINE — - - - - — EXISTING RIGHT OF WAY LINE - EXISTING UTILITY EASEMENT LINE PROPOSED RIGHT OF WAY LINE — PROPOSED UTIL. EASEMENT PROPOSED TEMP. CONST. ESMT. 2003-39528 DEED RECORD CITY of Project Name : Pro ert Owner: TRACIE S. GADDY . Zion Road Widening P y No. Revisions Date Fay MCE Project No. 142118 Drawn by : McClelland Consulting Engineers 1 ROW Size le A R K A N S A S Tract No. 15 Date: NOVEMBER 2019 Scale : 1" = 30' 5 ]_ION ROAD 0 30' FIF 30' F/F MIN. F oN TYP. SEC. "'I" ROAD TYP. SEC. "2" V.." yy I_4 I r ICINNAMON r 0 �-� VARIES - 10' TYP. 30' F/F TYP. 6' i� MULTI -USE �TRAANELCENTER�TRlAOV' EL CURB U SIDEWALK TRAIL 10 10' LA LANE TYPICAL SECTION "1" GUTTER VARIES 6' VARIES 6' TYP. 30' TO 32' TYP. VARIES VARIES EX. SW tit MULTI -USE TRAIL 10' MIN. 10' 10' MIN. TRAVEL CENTER TRAVEL 18"WIDE LANE LANE LANE CURB & GUTTER LANE WIDTHS VARY TYPICAL SECTION "2" City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0296 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D. 1 AMEND RESOLUTION 33-20: A RESOLUTION TO REAPPROPRIATIONS TO ADJUSTMENT File Type: Resolution AMEND RESOLUTION 33-20 TO REDUCE THE AMOUNT OF THE 2020 BUDGET BY $4,608,000.00, AND TO APPROVE A BUDGET 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 amends Resolution 33-20 to reduce the amount of reappropriations to the 2020 budget by $4,608,000.00 as shown in the itemized spreadsheet attached to this Resolution. 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 41812020 Kevin Springer Submitted By City of Fayetteville Staff Review Form 2020-0296 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/2/2020 Budget & Information Management/ Finance & Internal Services Department Submitted Date Division / Department Action Recommendation: A resolution to amend resolution 33-20, reducing the amount of reappropriations to the 2020 budget by $4,608,000 and to approve a budget adjustment. Budget Impact: VARIOUS VARIOUS Account Number Fund VARIOUS VARIOUS Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 404,007,246.00 $ 94,611,820.11 a 309,395,425.89 $ (4,608,000.00) 304,787,425.89 V20180321 Previous Ordinance or Resolution # 33-20 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council FROM: Paul A. Becker, Chief Financial Officer DATE: April 2, 2020 CITY COUNCIL MEMO SUBJECT: Amendment to Resolution 33-20 Reducing the Amount of Reappropriations to the 2020 budget by $4,608,000 RECOMMENDATION: To reduce the reappropriation amount added to the 2020 budget pursuant to resolution 33-20 by $4,608,000 due to payments made against the 2019 budget which occurred after the adoption of Resolution 33-20. These amounts are reflected in the attached budget adjustment. DISCUSSION: Each year it is necessary for the City Council to reappropriate funds to the new budget because of items that were previously approved which were not yet completed or which were appropriated for future time periods. This was done in 2020 pursuant to resolution 33-20 adopted at the 1/21/2020 City Council meeting. Subsequent to that meeting, payments were submitted and processed for work done or services provided before December 31,2019. Therefore, these payments were appropriately booked as expenditures against the 2019 budget as required by Generally Accepted Accounting Principles. Many of these expenditures were large in amount and if the appropriations approved for their payment in 2020 is not reduced, it would result in over appropriation of and possible deficits in 2020 individual funds. Therefore, this request (if approved) will adjust the affected budgets to reflect appropriations no longer needed. BUDGET/STAFF IMPACT: The financial impact of approving this resolution is to decrease the reappropriations and thus the total 2020 expenditure budget by $4,608,000 pursuant to the attached budget adjustment. ATTACHMENTS: Staff Review Form Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 2020 Appropriations Adjustments (Summary by Fund) BUDGET FUNDING SOURCE ADJUSTMENT 1010 - General $ (54,081) 2180 - Community Development (13,739) 2230 - Special Grants (165,205) 2250 - Parks Development (43,586) 4150 - Library Construction (1,738,912) 4270 - Disaster & Replacement (33,061) 4470 - Sales Tax Capital Improvement (683,602) 4520 - Sales Tax Construction Project (103,383) 4601 - Bond Program Grant Matching (4,617) 4602 - Streets Project 2019 Bonds (106,493) 4603 - Trails Project 2019 Bonds (4,708) 4604 - Drainage Projects 2019 Bonds (64,258) 4605 - Parks Project 2019 Bonds (62,092) 4608 - Arts Corridor 2019 Bonds (654) 4609 - Police Projects 2019 Bonds (33,596) 4610 - Fire Projects 2019 Bonds (45,891) 5400 - Water and Sewer (901,620) 5500 - Recycling and Trash Collection (7,186) 5550 - Airport (1,399) 9700 - Shop (539,917) Grand Total $ (4,608,000) City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number Non -Departmental (800) 2020 /Org2 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to amend resolution 33-20, reducing the amount of reappropriations to the 2020 Budget by $4,608,000 and to approve a budget adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 4/21/2020 2020-0296 HoRy 3lac� 4/3/2020 7:32 AM Budget Director TYPE: JOURNAL #: Date D - (Reappropriations) 4/21/2020 I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL (4,608,000) (4,608,000) v.20200324 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.001.0001-4999.97 - (54,081) RE Use Fund Balance - Prior 1010.060.0600-5210.00 (3,625) - 51022 1101 EX Minor Equipment 1010.090.6600-5314.00 (24,170) - 17008 1 EX Professional Services 1010.090.6600-5365.00 (63) - 43020 1 EX Wellness - Program 1010.200.2920-5304.00 (43) - 39022 2017 EX Travel & Training 1010.200.2920-5315.00 (15,360) - 31703 EX Contract Services 1010.520.5260-5400.00 (1,792) - 33051 1 EX Building & Grounds - Maintenance 1010.520.5280-5130.00 (950) - 31901 EX Extra Services - Personnel 1010.520.5280-5342.00 (2,645) - 33051 1001 EX Promotionals - Activities 1010.671.2740-5200.03 (2,080) - 33048 1 EX Supplies - Veterinary 1010.671.2740-5210.00 (210) - 33048 1 EX Minor Equipment 1010.671.2740-5315.00 (3,143) - 33048 1 EX Contract Services 2180.642.4930-4999.97 - (13,739) RE Use Fund Balance - Prior 2180.642.4930-5104.00 (12,679) - EX Accruals - General 2180.642.4945-5390.01 (1,060) - 32003 1 EX CDBG Projects - Community Outreach Pr( 2230.631.8006-4305.00 - 200,790 31708 7800 RE Commercial Grants 2230.631.8006-4305.00 - 325,420 31708 1701 RE Commercial Grants 2230.631.8006-5314.00 (61,335) - 31708 1701 EX Professional Services 2230.631.8006-5860.02 (103,870) - 31708 7800 EX Capital Prof Svcs - Engineering 2230.900.0923-4999.97 - (691,415) RE Use Fund Balance - Prior 2250.520.9250-4999.97 - (43,586) RE Use Fund Balance - Prior 2250.520.9255-5301.00 300 - 13001 1802 EX Public Notification H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0296 REBUDGET ADJUSTMENTS - signed 1 of 5 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2250.520.9255-5804.00 (1,262) - 13001 1802 EX Building Costs 2250.520.9255-5806.00 (8,999) - 13001 1902 EX Improvements - Park 2250.520.9255-5814.05 (34,588) - 16010 1701 EX Improvements - Trails 2250.520.9255-5814.05 963 - 13001 1802 EX Improvements - Trails 4150.800.9150-4999.97 - (1,738,912) RE Use Fund Balance - Prior 4150.800.9150-5804.00 (1,685,068) - 17007 1703 EX Building Costs 4150.800.9150-5804.00 (44,392) - 17007 1701 EX Building Costs 4150.800.9150-5804.00 (5,612) - 17007 1706 EX Building Costs 4150.800.9150-5804.00 (3,840) - 17007 1702 EX Building Costs 4270.001.9270-4999.97 - (33,061) RE Use Fund Balance - Prior 4270.900.9270-5801.00 (33,061) - 04038 1 EX Fixed Assets 4470.001.9470-4999.97 - (683,602) RE Use Fund Balance - Prior 4470.060.8900-5210.00 (3,700) - 02061 1 EX Minor Equipment 4470.090.8900-5315.00 (19,242) - 15008 1 EX Contract Services 4470.140.8900-5210.00 (170) - 02046 1502 EX Minor Equipment 4470.140.8900-5400.00 (10,936) - 18004 1 EX Building & Grounds - Maintenance 4470.140.8900-5400.00 (1,816) - 02046 0202 EX Building & Grounds - Maintenance 4470.140.8900-5400.00 (558) - 02046 1501 EX Building & Grounds - Maintenance 4470.140.8900-5400.00 (313) - 02046 0301 EX Building & Grounds - Maintenance 4470.140.8900-5400.00 (239) - 02046 1502 EX Building & Grounds - Maintenance 4470.170.8170-5210.00 (5,466) - 02057 1 EX Minor Equipment 4470.170.8170-5210.00 (3,503) - 02056 1 EX Minor Equipment 4470.170.8170-5210.00 (503) - 02055 1 EX Minor Equipment 4470.170.8170-5315.00 (27,342) - 13008 6000.6200 EX Contract Services 4470.170.8170-5315.00 (2,340) - 13008 6000.6500 EX Contract Services 4470.170.8170-5315.00 (2,317) - 13008 6000.6300 EX Contract Services 4470.170.8170-5315.00 14,650 - 13008 4000 EX Contract Services 4470.200.8200-5210.00 (3,131) - 06002 1 EX Minor Equipment 4470.200.8200-5210.00 (1,778) - 13011 1 EX Minor Equipment 4470.200.8200-5210.00 (773) - 19002 1 EX Minor Equipment 4470.300.8300-5210.00 (792) - 10017 1 EX Minor Equipment 4470.410.8410-5314.04 (2,312) - 02063 801 EX Professional Services - Engineering Contr; 4470.410.8410-5314.04 (321) - 02053 1 EX Professional Services - Engineering Contr; 4470.410.8410-5314.04 (14) - 11004 1 EX Professional Services - Engineering Contr; 4470.410.8410-5399.03 (45,895) - 02052 1 EX Cost Allocation - Motorpool Reimbursem 4470.410.8410-5399.03 (1,352) - 02053 1 EX Cost Allocation - Motorpool Reimbursem 4470.410.8410-5417.00 (16,449) - 02052 1 EX Street Maintenance 4470.410.8410-5418.00 (1,523) - 02053 1 EX Sidewalk Maintenance 4470.410.8410-5814.00 (11,563) - 02053 1 EX Improvements - Sidewalks 4470.520.8520-5220.00 (854) - 15012 2 EX Landscape Materials 4470.520.8520-5308.03 (9,558) - 02001 1 EX Rental - Equipment 4470.520.8520-5315.00 (1,116) - 18010 1 EX Contract Services 4470.520.8520-5315.00 (7) - 15010 1 EX Contract Services 4470.520.8520-5399.03 (837) - 15012 1 EX Cost Allocation - Motorpool Reimbursem 4470.520.8520-5400.00 (1,692) - 15010 1 EX Building & Grounds - Maintenance 4470.520.8520-5400.00 (48) - 02001 1 EX Building & Grounds - Maintenance 4470.621.8810-5314.00 (12,243) - 02097 2015 EX Professional Services 4470.621.8810-5314.00 (1,930) - 02097 1901 EX Professional Services 4470.621.8810-5314.04 (2,158) - 02097 1 EX Professional Services - Engineering Contr; 4470.621.8810-5314.04 (517) - 02108 1807.40 EX Professional Services - Engineering Contr; H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0296 REBUDGET ADJUSTMENTS - signed 2 of 5 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.621.8810-5419.00 (12,235) - 11021 2011 EX Drainage Maintenance 4470.800.8820-5314.00 (4,816) - 06035 4300 EX Professional Services 4470.800.8820-5809.00 (24,919) - 02116 1 EX Improvements - Street 4470.800.8830-5314.04 (4,171) - 02016 1601 EX Professional Services - Engineering Contr; 4470.800.8830-5399.03 (22,784) - 02016 1 EX Cost Allocation - Motorpool Reimbursem 4470.800.8830-5420.00 (22,861) - 02016 1301 EX Trail Maintenance 4470.800.8830-5814.05 (62,326) - 02016 1601 EX Improvements - Trails 4470.800.8835-5314.00 (33,735) - 06035 3400 EX Professional Services 4470.800.8835-5314.00 (25,595) - 06035 3800 EX Professional Services 4470.800.8835-5808.00 (14,484) - 06035 3100 EX Water Line Improvements 4470.800.8835-5809.00 (269,134) - 06035 3100 EX Improvements - Street 4470.800.8835-5809.00 (5,884) - 06035 3500 EX Improvements - Street 4520.800.9556-5314.00 (22,868) - 06035 2700 EX Professional Services 4520.800.9556-5314.00 (8,433) - 06035 3400 EX Professional Services 4520.800.9556-5805.00 (1,570) - 06035 2700 EX Land - Acquisition 4520.800.9556-5809.00 (67,282) - 06035 3100 EX Improvements - Street 4520.800.9556-5809.00 (3,230) - 06035 2600 EX Improvements - Street 4520.900.0952-4999.97 - (103,383) RE Use Fund Balance - Prior 4601.860.7218-4305.00 - 405,383 46020 7218.1000 RE Commercial Grants 4601.860.7218-4999.97 - (410,000) RE Use Fund Balance - Prior 4601.860.7218-5860.02 (4,617) - 46020 7218.1000 EX Capital Prof Svcs - Engineering 4602.860.7000-4999.97 - (106,493) RE Use Fund Balance - Prior 4602.860.7210-5809.00 (3,184) - 46020 7210.1000 EX Improvements - Street 4602.860.7210-5860.04 (3,592) - 46020 7210.2000 EX Capital Prof Svcs - Engineering Contra 4602.860.7210-5860.04 (376) - 46020 7210.1000 EX Capital Prof Svcs - Engineering Contra 4602.860.7211-5860.02 (32,109) - 46020 7211 EX Capital Prof Svcs - Engineering 4602.860.7211-5860.04 (125) - 46020 7211 EX Capital Prof Svcs - Engineering Contra 4602.860.7212-5860.04 (3,598) - 46020 7212 EX Capital Prof Svcs - Engineering Contra 4602.860.7213-5860.04 (6,103) - 46020 7213 EX Capital Prof Svcs - Engineering Contra 4602.860.7214-5860.04 (1,699) - 46020 7214.1000 EX Capital Prof Svcs - Engineering Contra 4602.860.7215-5860.04 (263) - 46020 7215 EX Capital Prof Svcs - Engineering Contra 4602.860.7217-5860.04 (18,011) - 46020 7217 EX Capital Prof Svcs - Engineering Contra 4602.860.7218-5860.02 (4,617) - 46020 7218.1000 EX Capital Prof Svcs - Engineering 4602.860.7218-5860.04 (6,762) - 46020 7218.1000 EX Capital Prof Svcs - Engineering Contra 4602.860.7219-5860.02 (22,722) - 46020 7219 EX Capital Prof Svcs - Engineering 4602.860.7219-5860.04 (47) - 46020 7219 EX Capital Prof Svcs - Engineering Contra 4602.860.7250-5210.00 4,209 - 46020 7250 EX Minor Equipment 4602.860.7501-5860.02 (7,088) - 46020 7501 EX Capital Prof Svcs - Engineering 4602.860.7501-5860.04 (94) - 46020 7501 EX Capital Prof Svcs - Engineering Contra 4602.860.7999-5899.00 (312) - 46020 7999 EX Unallocated - Budget 4603.860.7000-4999.97 - (4,708) RE Use Fund Balance - Prior 4603.860.7301-5860.02 (902) - 46030 7301 EX Capital Prof Svcs - Engineering 4603.860.7501-5860.02 (3,189) - 46030 7501 EX Capital Prof Svcs - Engineering 4603.860.7501-5860.04 (461) - 46030 7501 EX Capital Prof Svcs - Engineering Contra 4603.860.7999-5899.00 (156) - 46030 7999 EX Unallocated - Budget 4604.860.7000-4999.97 - (64,258) RE Use Fund Balance - Prior 4604.860.7410-5860.02 (48,116) - 46040 7410.1000 EX Capital Prof Svcs - Engineering 4604.860.7410-5860.04 (740) - 46040 7410.1000 EX Capital Prof Svcs - Engineering Contra 4604.860.7415-5860.02 (2,535) - 46040 7415.1000 EX Capital Prof Svcs - Engineering 4604.860.7415-5860.04 (1,182) - 46040 7415.1000 EX Capital Prof Svcs - Engineering Contra H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0296 REBUDGET ADJUSTMENTS - signed 3 of 5 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4604.860.7420-5860.02 (2,047) - 46040 7420.1000 EX Capital Prof Svcs - Engineering 4604.860.7420-5860.04 (380) - 46040 7420.1000 EX Capital Prof Svcs - Engineering Contra 4604.860.7421-5860.04 (2,422) - 46040 7421 EX Capital Prof Svcs - Engineering Contra 4604.860.7422-5860.04 (4,695) - 46040 7422 EX Capital Prof Svcs - Engineering Contra 4604.860.7424-5860.04 (1,954) - 46040 7424 EX Capital Prof Svcs - Engineering Contra 4604.860.7999-5899.00 (187) - 46040 7999 EX Unallocated - Budget 4605.860.7000-4999.97 - (62,092) RE Use Fund Balance - Prior 4605.860.7501-5860.02 (8,726) - 46050 7501 EX Capital Prof Svcs - Engineering 4605.860.7502-5860.02 (46,655) - 46050 7502.1000 EX Capital Prof Svcs - Engineering 4605.860.7503-5806.00 (6,337) - 46050 7503.1000 EX Improvements - Park 4605.860.7999-5899.00 (374) - 46050 7999 EX Unallocated - Budget 4608.860.7000-4999.97 - (654) RE Use Fund Balance - Prior 4608.860.7999-5899.00 (654) - 46080 7999 EX Unallocated - Budget 4609.860.7000-4999.97 - (33,596) RE Use Fund Balance - Prior 4609.860.7900-5860.02 (25,176) - 46090 7900.8630 EX Capital Prof Svcs - Engineering 4609.860.7900-5860.04 (7,766) - 46090 7900.8315 EX Capital Prof Svcs - Engineering Contra 4609.860.7999-5899.00 (654) - 46090 7999 EX Unallocated - Budget 4610.860.7000-4999.97 - (45,891) RE Use Fund Balance - Prior 4610.860.7108-5860.02 (22,600) - 46100 7108.8630 EX Capital Prof Svcs - Engineering 4610.860.7108-5860.04 (914) - 46100 7108.8315 EX Capital Prof Svcs - Engineering Contra 4610.860.7109-5860.02 (19,350) - 46100 7109.8630 EX Capital Prof Svcs - Engineering 4610.860.7109-5860.04 (2,248) - 46100 7109.8315 EX Capital Prof Svcs - Engineering Contra 4610.860.7999-5899.00 (779) - 46100 7999 EX Unallocated - Budget 5400.720.1840-5314.00 (1,520) - 02064 1 EX Professional Services 5400.720.1840-5811.00 (52,842) - 02065 1 EX Water Meters 5400.720.4000-4999.97 - (901,620) RE Use Fund Balance - Prior 5400.720.5600-5301.00 (363) - 12009 1 EX Public Notification 5400.720.5600-5314.00 (21,019) - 12009 1 EX Professional Services 5400.720.5600-5314.00 (17,818) - 11011 1 EX Professional Services 5400.720.5600-5314.00 (5,335) - 17004 1 EX Professional Services 5400.720.5600-5314.00 (2,300) - 15021 1 EX Professional Services 5400.720.5600-5314.00 (1,080) - 06035 4300 EX Professional Services 5400.720.5600-5314.04 (29,736) - 12009 1801 EX Professional Services - Engineering Contr; 5400.720.5600-5314.04 (2,791) - 12009 1 EX Professional Services - Engineering Contr; 5400.720.5600-5314.04 (505) - 10006 1 EX Professional Services - Engineering Contr; 5400.720.5600-5314.04 (189) - 11011 1 EX Professional Services - Engineering Contr; 5400.720.5600-5314.04 (57) - 10007 1 EX Professional Services - Engineering Contr; 5400.720.5600-5801.00 1,625 - 15021 1 EX Fixed Assets 5400.720.5600-5808.00 (180,517) - 12009 1 EX Water Line Improvements 5400.720.5600-5808.00 (4,245) - 06035 3100 EX Water Line Improvements 5400.720.5600-5808.00 (1,602) - 06035 2600 EX Water Line Improvements 5400.720.5700-5210.00 50,817 - 02017 1901 EX Minor Equipment 5400.720.5700-5314.00 (30,024) - 02017 1 EX Professional Services 5400.720.5700-5314.00 (8,723) - 06035 2750 EX Professional Services 5400.720.5700-5314.00 (1,071) - 11011 1801 EX Professional Services 5400.720.5700-5314.00 (250) - 02017 1501 EX Professional Services 5400.720.5700-5314.04 (1,118) - 02017 1 EX Professional Services - Engineering Contr; 5400.720.5700-5801.00 (50,817) - 02017 1901 EX Fixed Assets 5400.720.5700-5815.00 (256,789) - 04039 1901 EX Sewer Improvements 5400.720.5700-5815.00 (40,908) - 04039 1 EX Sewer Improvements H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0296 REBUDGET ADJUSTMENTS - signed 4 of 5 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.730.5800-5314.00 (20,115) - 02032 1 EX Professional Services 5400.730.5800-5314.00 (6,498) - 13018 1601 EX Professional Services 5400.730.5800-5400.00 (7,588) - 02032 1 EX Building & Grounds - Maintenance 5400.730.5800-5414.00 (43,378) - 02069 1 EX Plant Equipment Maintenance 5400.730.5800-5801.00 (25,000) - 02032 1 EX Fixed Assets 5400.730.5800-5818.00 (108,821) - 13018 1 EX Wastewater Treatment Plant - Improvem 5400.860.5600-5860.02 (17,337) - 11011 2019.7800 EX Capital Prof Svcs - Engineering 5400.860.5600-5860.02 (1,106) - 11011 2019.7501 EX Capital Prof Svcs - Engineering 5400.860.5700-5860.02 (12,600) - 11011 2019.7800 EX Capital Prof Svcs - Engineering 5500.750.5000-4999.97 - (7,186) RE Use Fund Balance - Prior 5500.750.5080-5227.00 (7,186) - 31707 1 EX Containers 5550.760.3940-4999.97 - (1,399) RE Use Fund Balance - Prior 5550.760.3960-5801.00 (1,399) - 31704 2018.4309 EX Fixed Assets 9700.770.1910-4999.97 - (539,917) RE Use Fund Balance - Prior 9700.770.1920-5210.00 (1,564) - 18001 9700 EX Minor Equipment 9700.770.1920-5801.00 (1,457) - 12007 1 EX Fixed Assets 9700.770.1920-5802.00 (497,180) - 02082 2019 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (628) - 02078 2018 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (414) - 02078 2019 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (380) - 02082 2018 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (348) - 02078 2017 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (133) - 02082 2017 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (75) - 02078 2016 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (73) - 02083 2019 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (55) - 02083 2018 EX Vehicles & Equipment - base 9700.770.1920-5804.00 (37,610) - 18021 1 EX Building Costs H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0296 REBUDGET ADJUSTMENTS - signed 5 of 5 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0291 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: D. 2 HAWKINS-WEIR, ENGINEERS, INC. AMEND 1- BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $46,680.00 FOR ADDITIONAL CONCEPTUAL DRAINAGE DESIGN SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION ASSOCIATED, AND TO APPROVE A BUDGET ADJUSTMENT - 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, the initial analysis revealed that the proposed detention areas would not sufficiently reduce the flow and staff recommends amending the agreement to allow the contract engineer to analyze alternate 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. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount of $46,680.00 for additional conceptual drainage design services associated with the project to alleviate flooding near the intersection of North College Avenue and East Sunbridge Avenue. 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 41812020 City of Fayetteville Staff Review Form 2020-0291 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 3/31/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract amendment in the amount of $46,680.00 ($100,900 total contract amount) with Hawkins - Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection and approval of a Budget Adjustment. 4604.860.7415-5817.00 Budget Impact: 4604 - Drainage Projects (2019 Bonds) Account Number Fund 46040.7415.1000 Drainage Project (2019 Bonds), Sunbridge/College Drainage Phase I Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,363,788.00 $ 19,190.00 � 1,344,598.00 $ 46, 680.00 $ 46,680.00 < 1,344,598.00 V20180321 Previous Ordinance or Resolution # 211-19 Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: March 30, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract amendment in the amount of $46,680.00 ($100,900 total contract amount) with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection. Approval of a Budget Adjustment RECOMMENDATION: Staff recommends City Council approval of a contract in the amount of $46,680.00 with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection. Approval of a budget adjustment BACKGROUND: This project will consist of a conceptual analysis of alternate drainage routing as shown on the attached exhibit associated with helping to alleviate flooding within near the intersection of N College Ave and E Sunbridge Drive including, but not limited to, survey as well hydrologic and hydraulic studies,. This project was identified as a priority project by City Council after the April 2017 flooding event. 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 $46,680 to complete the alternate routing analysis. The contract will be paid based on hourly rates for work completed, up to the total contract amount (currently $100,900 including this amendment). The initial analysis revealed that proposed detention areas would likely not reduce the flow enough such that the downstream existing capacity would be adequate. Based on that fact and the desire to match the current drainage patterns as closely as possible, staff proposes to analyze the alternate routing as shown which was not included in the original contract. Upon completion, a final decision on the routing will be determined and the full design will begin. The conceptual drainage design will help to identify the full scope of the required project and a contract amendment is anticipated once the full scope is defined. This amendment will be Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 brought forward to council for review and approval at a later date. The estimated project amount of $1.4 million is subject to changes based on the results of the conceptual 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 AMENDMENT NO. 1 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. 1. 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 additional conceptual design services that are needed due to and expanded scope and limits of the project. 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 105 calendar days added to the 150 calendar days provided in the AGREEMENT. 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 Authorization by all parties. Amendment No. 1 .doex Page 1 of 2 April 1, 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 ThiM Four Thousand One Hundred and Eighty Dollars ($34,180.00) plus reimbursable expenses of twelve thousand two hundred and fifty dollars ($12,250.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $88,400.00 and the not to exceed reimbursable expenses to $12,500.00, Attachments: Appendix A, Scope of Services dated February 2020 Appendix B, Proposed Schedule dated February 2020 Appendix C, Fee Proposal Breakdown dated February 2020 AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS By: Honorable Lioneld Jordan, Mayor Date: ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: J. Kyle Salyer, P.E., P.S. Vice President Date: 4MIll /i ZOZO Amendment No. 1 .docx Page 2 of 2 April 1, 2020 HN Task Description Appendix A Scope of Services Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 February 2020 Task 1 — Conceptual Design Addendum CITY OF FAYETTEVILLE ARKANSAS 1. Perform initial survey to determine flowline elevations of necessary drainage facilities (pipes, inlets, ditches, etc) within project study area 2. Prepare a scaled drawing in AutoCAD Civil 3D 3. Hydrologic and Hydraulic Design a. Determine Watersheds using data acquired from City of Fayetteville GIS b. Prepare Drainage Model in Autodesk Storm and Sanitary Analysis c. Perform Hydrologic and Hydraulic analysis of proposed improvements 4. Evaluate condition of the existing drainage system along Granada and Sunbridge a. Perform CCTV work of approximately 4,000 If of storm drain pipes to evaluate condition of existing drainage system 5. Prepare Preliminary Drainage Report Addendum 6. Meet with City Staff to present the Preliminary Drainage Report Addendum 2019070Wppendix A (Conceptual Design Addendum).docx Page 1 HN Appendix B Proposed Schedule Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 February 2020 Project Milestone Complete Hydraulic Model Prepare Draft Drainage Report Submit to Owner and address Owner's Comments Deliver Preliminary Drainage Report CITY OF FAYETTEVILLE ARKANSAS Days from Notice to Proceed 30 60 90 105 2019070\Appendix B (Conceptual Design Addendum).docx Page 1 Appendix C I*V 1 Cnncentual Design City of Fayetteville, Arkansas Sunbridge Drive and Colllege Avenue Drainage Improvements HWEI Project No. 2019070 February 2020 CITY OF FAYETTEVILLE ARKANSAS Task Engr VII Engr VI Engr III Engr I Surveyor GPS Survey Dsgnr II Tech III Tech 1 1. Intial Survey to determine flowline elevations of all drainage facilities (pipes, inlets, ditches, etc) within project improvements limits 4 4 24 4 2. Prepare a scaled drawing in AutoCAD Civil 3D 4 8 8 3. H drolo is and Hydraulic Design a. Determine Watersheds 8 8 b. Prepare Drainage Model using Storm and Sanitary Ana Isis 20 16 c. Perform H & H analysis 4 24 4. Evaluate existing drainage system 4 16 a. Coordinate CCTV work 8 8 5. Prepare preliminary Drainage Report Addendum 24 40 8 16 6. Meet with Owner to present Preliminary Drainage Report Addendum 4 4 8 Total Hours 4 36 132 40 4 24 12 8 16 task Costi $34,16Ul 9 Raimhiimnhla Cncts Item Description Total 1. Re roduction & Printing $250 2. CCTV Investigation $12,000 Total Estimated Reimbursables $12,250 ENGINEERING SERVICES SUMMARY Conce tual Desi n $34,180 Reimbursable Costs $12,250 Total Engineering Fee $46,430 2019070\Appendix C\Scope and Fee.xlsx 0 d7 Y 2 ' n I 2 7 CCTV Afti EVALUATION GRANADA ST. v �. VILLAGE LAKE OR.P _V _� + 7r� - • AL TERNA TI VE - ROUTE EVALUATION MADRID STtr,.,=_ •te. ,_-..-�-� CCTV EVALUATION ` ! ��®.. -..a�® aCCTV EVALUATION N: - IIA9a , i �f1 MEMME SUNBRIDGE DR N� ­ CCTV EVALUATION rA# p AL TERNA TI VE ' ROUTE EVALUATION.. Q 1 SUNBRIDGE DRIVE AND COLLEGE AVENUE DRAINAGE IMPROVEMENTS AL TERNA TI VE STORM WA TER ROUTING I+ FOR: CITY OF FA YETTEVILLE, ARKANSAS DA TE: JAN. 2020 1 SCALE: 1 `200' 1 JOB NO. 2019070 HAWKINSoWEIR ENGIIn. N E E R S, I N C. Van Buren Fort Smith Fayetteville Little Rock (479)474-1227 I (479)242-4685 I (479)455-2206 I (501)374-4846 www.hawkins-weir.com City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Alan Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract amendment in the amount of $46,680.00 ($100,900 total contract amount) with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection and approval of a Budget Adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 4/21/2020 2020-0291 Ke�vi w spud, 4/2/2020 4:56 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) 4/21/2020 GLDATE: I RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - _ v.20200324 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4604.860.7415-5860.02 46,680 - 46040 7415.1000 EX Capital Prof Svcs - Engineering 4604.860.7999-5899.00 (46,680) - 46040 7999 EX Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\04-21-2020\BA 2020-0291 Sunbridge and College Change Order.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0311 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: D. 3 CRAFT BEARING COMPANY, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE EMERGENCY PURCHASE OF TWO REPLACEMENT BEARINGS FOR THE THERMAL DRYER FROM CRAFT BEARING COMPANY, INC. FOR THE BIOSOLIDS MANAGEMENT SITE IN THE TOTAL AMOUNT OF $36,505.60 PLUS APPLICABLE TAXES AND FREIGHT CHARGES WHEREAS, on April 6, 2020, the thermal dryer went out of service due to a failed bearing; and WHEREAS, Craft Bearing Company, Inc. has the replacement bearing in stock and it is critical this part be purchased and installed as soon as possible. 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 finds the above circumstances make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive bidding and approves the purchase of two replacement bearings from Craft Bearing Company, Inc. in the amount of $36,505.60 (plus any applicable taxes and freight charges). City of Fayetteville, Arkansas Page 1 Printed on 41812020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0311 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/7/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a quote from Craft Bearing Company, Inc. in the amount of $36,505.60 plus applicable taxes and freight charges for the purchase of two replacement bearings for the thermal dryer at the Biosolids Management Site. Budget Impact: 5400.730.5800-5414.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 1,477,313.00 Funds Obligated $ 287,502.21 Current Balance $ 1,189,810.79 Does item have a cost? Yes Item Cost $ 36,505.60 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 1,153,305.19 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: April 7, 2020 CITY COUNCIL MEMO SUBJECT: Replacement of Bearings in the Thermal Dryer at the Biosolids Management Site RECOMMENDATION: The staff is recommending approval of a quote from Craft Bearing Company, Inc. in the amount of $36,505.60 plus applicable taxes and freight charges for the purchase of two replacement bearings for the thermal dryer at the Biosolids Management Site. BACKGROUND: The Biosolids Management Site utilizes a series of (6) six solar houses, and a thermal drying process for production of Class -A, biosolids fertilizer. The Noland and West Side treatment facilities produce an average of over 100,000 lbs. of belt -pressed biosolids every day. The solar houses and thermal dryer are tandem processes that reduce the daily biosolids volume down to approximately 15,000 lbs. of Class -A, Exceptional Quality fertilizer. The thermal dryer process nearly 75% of all biosolids annually. The biosolids drying process saves the city significant landfill costs annually, as well as allows for beneficial reuse of the biosolids material. DISCUSSION: The thermal dryer is out of service due to a failed bearing, which occurred on April 6, 2020. This bearing was replaced as part of the overhaul of the dryer in 2019 and should have a life span of 5 years or more. While investigation of the failure and possible recovery from the dryer authorized service company will be pursued, it is critical this part be purchased and installed as soon as possible. This downtime will require solids be sent to the landfill. At current production rates those costs are about $20,000 / week in tipping fees. A replacement is available and in stock. The cost of the new bearing is approximately $36,505.60 plus applicable taxes and freight charges. It is estimated that delivery and installation will take one week from the time the supplier receives the purchase order. Installation will be completed by Jacobs maintenance staff. BUDGET/STAFF IMPACT: Existing CIP monies are available in the Water/Sewer fund. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 M5000 Chestnut Avenue ' Newport News, Virginia 23605 Bring Company, Inc. Tel: 757-247-6000 Fax: 757-247-6300 City of Fayetteville April 07, 2020 113 West Mountain Street Fayetteville, AR 72701 Contact: Jacobs Engineering David Dajani (479)443-3292 Subject: Quotation for Waste Treatment Plant Item Qty Description Price each Availability 1. 1 S1 BC 1200 FL C5 $18,252.80 4 days ARO S 1 series, bearing -cartridge with seals, 12 inch bore, floating (FL) type, C5 clearance for high heat application 2. 1 S 1 BC 1200 HD C5 $18,252.80 4 days ARO S 1 series, bearing -cartridge with seals, 12 inch bore, held (HD) type, C5 clearance for high heat application The above quotation is in U.S. currency, based upon the quantity shown, and is good for 30 days from this date. Should the above quantities change, a new quotation should be obtained. Pricing is based on F.O.B. our facilities in Newport News, VA. Thank you for the opportunity to quote your requirements. Feel free to contact Craft Bearing Company at any time should you have any questions or we may be of further assistance in any way. We look forward to hearing from you. Regards, Bob Kerwin Technical Sales Manager Craft Bearing Company, Inc. E-mail: BKerwin@craftbearing.com Cell: (757) 869-0823 Web site: www.craftbearing.com C IF Z AM IF-m- M r Bezar:rrq Compainy, l.tic_ Split Roller Bearings Made in the USA Confidentiality Statement: Information contained in this communication, including any attachments, are intended for the person or entity to which this letter is addressed and may contain confidential, proprietary, or otherwise privileged material. Review, re -transmission, dissemination, or other use of, or taking action on reliance upon this information by other than the intended recipient is prohibited. In the event you are not the intended recipient of this e-mail, kindly inform the sender and remove the information from your computer. * AVAILABLE SHAFT SIZES 12 300mm DYNAMIC RATING: 163,9D6 Ibs STATIC RATING: 331,58a Ibs WEIGHT: APPROX: 337 LEIS City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0282 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: D. 4 RZN 20-7014 (1324 W. MT. COMFORT RD./TILLMAN B, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7014 FOR APPROXIMATELY 0.27 ACRES LOCATED AT 1324 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units Per Acre 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 41812020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0282 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/3/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 20-7014: Rezone (1324 W. MT. COMFORT RD./TILLMAN B, LLC., 404): Submitted by BLAKE JORGENSEN for property located at 1324 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.27 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner DATE: April 3, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7014: Rezone (1324 W. MT. COMFORT RD./TILLMAN B, LLC., 404): Submitted by BLAKE JORGENSEN for property located at 1324 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.27 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to rezone the subject property to RI-U, Residential Intermediate, Urban, as shown in the attached Exhibits `A' and `B'. Staff recommends denial of the request but would support re -zoning the property to RSF-8. BACKGROUND: The subject property is a residential lot of 0.27 acres between Addington Avenue and Stephens Avenue north of Mount Comfort Road in the Hendrix Subdivision. The property has frontage onto Mount Comfort Road and Hendrix Street, is zoned RSF-4, Residential Single-family, 4 units per acre and houses a single-family home built in the 1950s. Request: The request is to rezone the property from RSF-4 to RI-U, Residential Intermediate, Urban. The applicant intends to split the property and develop both street frontages. Land Use Compatibility. Staff finds that the proposed rezoning is partly incompatible with adjacent land uses. Land uses in immediate and general adjacency to the subject property are primarily detached single-family dwellings, with the exception of existing multi -family dwellings to the south. Although property to the west and south are zoned RMF-24, staff can only support higher density on the southern part of the subject property adjacent to multi -family zoning. Having RI-U facing both exterior to Mount Comfort and interior to the neighborhood would be incompatible with the largely single-family character of the Hendrix Subdivision and its pattern of larger yards and setbacks. Land Use Plan Analysis: Staff believes that the proposal is partly incompatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This property, designated as a Residential Neighborhood Area, envisions primarily residential Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 uses in a variety of complimentary building types and configurations. RI-U would allow a higher range of residential types and density not allowed in the current zoning district and in an infill location (Goal 1), which is consistent with some of the City's land use goals and policies. However, it would also allow a different residential character and type within a largely single-family neighborhood, which would not meet what staff considers to be "appropriate" infill. Additionally, a build -to zone would encourage buildings to be located closer to the street, but surrounding property all have between a 20-foot and 60-foot setback from streets and rights -of -way. Staff does acknowledge that RI-U would potentially meet other City Plan 2040 goals, such as opportunities for attainable housing (Goal 6), growing a livable transportation network (Goal 4), and discouraging suburban sprawl (Goal 2). Additionally, staff does not believe the proposal is justified, as the request could be tailored to address each street frontage differently while increasing the overall development potential of the property. In acknowledgement of the benefits that additional housing on this property can bring, staff advised the applicant that RSF-8 would be more compatible and receive staff report. RSF-8 reflects the pre -established pattern of existing development in this mature neighborhood, with small houses on narrow lots and front yard setbacks of at least 15-feet. RSF-8 would also allow the lot to be split into two lots facing their respective streets. DISCUSSION: On March 9, 2020, the Planning Commission tabled the proposal by a vote of 8-0-0 to allow the applicant time to discuss alternatives with staff. At that meeting, several neighbors spoke in opposition to the proposal, while one neighbor supported the rezone. On March 23, 2020, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 6-2-0. Commissioners Garlock and Sharp were the dissenting votes. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7014 TILLMAN B, LLC 20-7014 Close up view EXHIBIT W ir I ■m MAXWELL-DR W Q z 0 c� z 0 0 Q RSF-4 RI-12 Z rd RSF-8 _z > o Q�HENDRQ W a Z W = z �—MOUNT•COMF0 ORTRDz 0 0 r-CARTER,ST CEDAR-ST. Legend Trail (Proposed) Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet E A& NORTH Zoning Acres RI-U 0.3 Total 0.3 20-7014 EXHIBIT 'B' LEGAL DESCRIPTION - PARCEL: 765-06293-000: A part of the Lot Two (2), Block Number Three (3), Hendrix Addition to the City of Fayetteville, Arkansas, as per Plat of said addition on file in the Land Records of Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said Lot Two, thence S87'33'56"E 50.00 feet to the POINT OF BEGINNING; thence S87'33'56"E 50.00 feet, thence S02047'33"W 244.16 feet, thence N72053'05"W 51.60 feet, thence NO2'47'33"E 231.08 feet to the POINT OF BEGINNING, Containing 0.27 acres, more or less, subject to easements and right of ways of record. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner MEETING DATE: March 23, 2020 UPDATED W PC RESULTS SUBJECT: RZN 20-7014: Rezone (1324 W. MT. COMFORT RD./TILLMAN B, LLC., 404): Submitted by BLAKE JORGENSEN for property located at 1324 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.27 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: Staff recommends denial of RZN 20-7014. RECOMMENDED MOTION: "I move to deny RZN 20-7014." MARCH 23rd, 2020 PLANNING COMMISSION: This item was last heard at the March 9th Plannina Commission meetina. where it was tabled b a vote of 8-0-0 to allow the applicant time to discuss alternatives with staff. At that meeting, several neighbors spoke in opposition to the proposal, while one neighbor supported the rezone. Since then staff has discussed changes with the applicant, but no formal change has been submitted. Staff is still recommending denial of the proposal. BACKGROUND: The subject property is a residential lot of 0.27 acres between Addington Avenue and Stephens Avenue north of Mount Comfort Road in the Hendrix Subdivision. The property has frontage onto Mount Comfort Road and Hendrix Street, is zoned RSF-4, Residential Single-family, 4 units per acre and houses a single-family home built in the 1950s. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family RSF-4, Residential Single-family, 4 units per acre South Future/Existing Multi -family RMF-24, Residential Multi -family, 24 Units per Acre East Single-family RSF-4, Residential Single-family, 4 units per acre West Single-family RSF-4, Residential Single-family, 4 units per acre Request: The request is to rezone the property from RSF-4 to RI-U, Residential Intermediate, Urban. The applicant intends to split the property and develop both street frontages. Public Comment: Staff has not received public comment on this item. Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 1 of 17 INFRASTRUCTURE: Streets: This property has frontage to West Mount Comfort Road and West Hendrix Street. West Mount Comfort Road is a partially improved Residential Link with asphalt paving, curb and gutter, and open ditches. West Hendrix Street is a partially improved Residential Link with asphalt paving and open ditches along the property's frontage. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to this parcel. An existing 8-inch watermain along West Mount Comfort Road and 6-inch watermain along West Hendrix Street provide access to parcel 765-06293-000. Sewer: Sanitary Sewer is available to this parcel. An existing 6-inch sanitary sewer main along West Mount Comfort Road and 6-inch and 12-inch sanitary sewer main along West Hendrix Street provide access to this parcel. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplains. There are no protected streams present in the subject parcel. No portion of this parcel lies within the Hillside -Hilltop Overlay District. Hydric soils appear to be 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 2, located at 708 N Garland, will protect the site. The property is located approximately 0.6 mile 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 expressed no concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 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 row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor- hood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural envi- ronment. FINDINGS OF THE STAFF GAETC\Development Services Review\2020\Development Services\20-7014 RZN 1324 W. Mt. Comfort Rd (Tillman B, LLC) 404\ Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 2 of 17 A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Plan Analysis: Staff believes that the proposal is partly incompatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This property, designated as a Residential Neighborhood Area, envisions primarily residential uses in a variety of complimentary building types and configurations. RI-U would allow a higher range of residential types and density not allowed in the current zoning district and in an infill location (Goal 1), which is consistent with some of the City's land use goals and policies. However, it would also allow a different residential character and type within a largely single-family neighborhood, which would not meet what staff considers to be "appropriate" infill. Additionally, a BTZ would encourage buildings to be located closer to the street, but surrounding property all have between a 20- foot and 60-foot setback from streets and rights -of -way. Staff does acknowledge that RI-U would potentially meet other City Plan 2040 goals, such as opportunities for attainable housing (Goal 6), growing a livable transportation network (Goal 4), and discouraging suburban sprawl (Goal 2). Land Use Compatibility: Staff finds that the proposed rezoning is partly incompatible with adjacent land uses. Land uses in immediate and general adjacency to the subject property are primarily detached single-family dwellings, with the exception of future and existing multi -family dwellings to the south. Although the property nearby to the west and across Mount Comfort to the south are zoned RMF-24, staff can only support higher density on the southern part of the property. Having RI-U facing both exterior to Mount Comfort and interior to the neighborhood would be incompatible with the largely single-family character of the Hendrix Subdivision. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff does not believe the proposal is justified, as the request could be tailored to address each street frontage differently while increasing the overall development potential of the property. In acknowledgement of the benefits that additional housing on this property can bring, staff advised the applicant that other zoning districts, such as RSF-8 or NC, would be more compatible and receive staff report. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning and redevelopment of the property under RI-U, has the potential to slightly increase traffic on Hendrix Street. The size of the property, totaling around'/4 of an acre, will naturally restrict the number of potential dwellings, and thus the possibility of increased traffic danger and congestion will not be appreciable. 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 GAETC\Development Services Review\2020\Develop ment Services\20-7014 RZN 1324 W. Mt. Comfort Rd (Tillman B, LLC) 404\ Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 3 of 17 sewer facilities. Finding: Rezoning the property from RSF-4 to RI-U will increase the potential population density, but will not undesirably increase the load on facilities and services. As noted above, this 0.27-acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 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 denial of RZN 20-7014. PLANNING COMMISSION ACTION: Required YES JDate: March 23, 2020 O Tabled 0 Forwarded O Denied IMotion:Winston Motion to forward to CC, recommending approval Second: Belden Motion passes; Commissioners Garlock and Sharp dissenting Vote: 6-2-0 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 RI-U, Residential Intermediate - Urban • Request letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2020\Develop ment Services\20-7014 RZN 1324 W. Mt. Comfort Rd (Tillman B, LLC) 404\ Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 4 of 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 City-wide uses by right Unit 8 1 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 Limited business 12a Unit 24 Home occupations Unit 36 1 Wireless communications facilities Unit 44 1 Cluster Housing Development Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 5 of 17 (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit I feet feet Hillside Overlay District Lot 60 feet I 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 6 of 17 (E) Setback Requirements. Front Side 5 feet Rear 15 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, 10-15-2019) Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 7 of 17 161.12 - 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 Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit I Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit Limited business 12a Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 8 of 17 (C) Density. None. (D) Bulk and Area Regulations. Lot width minimum Lot area minimum (E) Setback Requirements. Dwelling (all types) 18 feet None Side Side Front Other Single & Uses Two (2) Family A build -to zone that is located between the front property, line and None a line 25 feet from the front property line. Rear I Rear, from Other centerline Uses of an alley 5 feet 15 f (F) Building Height Regulations. Building height maximum 12 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. Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 9 of 17 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, 10-15-2019) Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 10 of 17 OW4JORGENSEN +ASSOCIATES Civil Engineering Surveying February 25, 2020 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: Rezoning at 1324 W Mount Comfort Rd. Dear City Staff; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.jorgensenassoc.com Established 1985 A. The current owner of this site is as follows: Tillman B, LLC B. Currently this property is zoned RSF-4. The reason for this request is to allow this property to be split and developed utilizing the existing two frontage streets (Mount Comfort & Hendrix), the RSF-4 zoning regulations do not allow this split to occur due to minimum lot size, and lot width. The request for RI-U will allow this lot to be split and encourage the development of detached and attached dwellings to provide for a range of housing types compatible in this area. C. This property is surrounded by RMF-24, RSF-4, RSF-8, and RI-12. We feel that the requested rezoning within this property will be compatible with the surrounding zonings and land uses. Currently the south side of Mount Comfort contains a large multi -family complex (Garden Park Apartments) along with the property immediately to the south is slated for another multi -family development to break ground soon. The property immediately to the west is a rental property. The majority of the houses along Hendrix street are older homes that are rented. A rezoning to RI-U would be compatible with these current uses. D. Existing adequate water and sewer are already at this site along both streets. E. We feel the requested rezoning is in line with the goals of the City Plan 2030 and 2040 for rezoning and development and that this type of in -fill is desired. F. This rezoning is needed at this time to allow this underutilized lot to be developed. G. This development will not adversely affect the existing or proposed streets in the area, especially considering the small size of the parent tract. H. The potential to increase the population density in this area as a result of this rezoning would aid in supplying a demand to existing commercial uses in the area and the proximity to the existing transit further support this rezoning request. I. The current zoning does not allow this lot to be fully developed in a manner which would maximize its development potential. Thank you and if you need any additional information, please don't hesitate to contact us. Sincerely, I ke Jor ensen, PE Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman I LLC Page 11 of 17 RZN 20-7014 - Anonymous - Phone I - 2:00 PM - 3/4/20 -Concerned about the size and width of the lot and what the proposed rezoning density would allow on said lot -Would be too tight to provide parking on -site with such a small lot -Street is underdeveloped to allow ons-treet parking -Potential for 4 units would be too much for the property and neighbors -Anything but single-family would not work for the area -Believes proposal would not fit in well with the neighborhood -Runoff and stormwater management are concerns with increased impervious area -Increased traffic with density would not be good for the neighborhood Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC file:///city/... W.%20Mt.%2OComfort%2ORd%20(Tillman%20B,%20LLC)%20404/Public%2OComments/Anonymous%20-%2OPhone%201.txt[3/6/2020 $PORBO$PIN J From: Carmen Osburn To: Davis, Harry Subject: Request for rezoning 1324 W. Mt.Comfort Date: Monday, March 09, 2020 4:25:25 PM I object to the rezoning of property at 1324 Mt. Comfort. I believe single family housing is the more acceptable use of the land and an increase in development on the property would not be compatible with current housing. Off site parking for guests would create an inconvenience to neighbors because Hendrix St. Is narrow and driveways could be blocked frequently with denser housing. Mt. Comfort could not allow street parking. Added concrete for driveways and roof drainage could add to runoff and could impact adjacent neighbors foundations. 1324 property is .2785 of an acre. Please do not allow this property to be incompatible with the neighborhood. Carmen Osburn Planning Commission March 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 13 of 17 RZN20-7014 TILLMAN B, LLC One Mile View i j 0 0.125 0.25 0.5 Miles T_ JMELMA �PIEc j1,-BEL-AIR — IT a I _ w DAVIS S ai*+DEANE S> y 0o pR�SERVATION p ¢ LELLEY- zz z—REAP DR W J PLEASANT X HICKORY WOODS DR P'1 LSubject Property DRYS ST I � wI —HE JDRIX-ST LAW ORT RD `HEFLEY ST z a CARTER ST N STD- a c w 3 CEDAR ST-u) H LLY-ST w J < Q MF-24 RLu JAME. zIJwa �'Q ALLEY r w = W ED/NGce CEO Q 1 +� 18W R. VISTA D� _ ORA, DR RSF-4 I y� SET BERRY-ST—> —0_ a' Z,�w 0 W NC W i uj J �Q O0 W� u.r(.) Legend Planning Area Fayetteville City Limits Shared Use Paved Trail +� Trail (Proposed) L_--r Design Overlay District z M CO) J NORTH TREE P AS i r N E CV i t-t C-t IRTH'ST­,,,,, R-O V ��tVELAND ST=a1EV Zoning GIs General Intluattlal i -- RESIDE NTUILSINGLE-FAMILY EXTRACTION _ _ _ NSF E-1 RIL COMMERCIAL � RI-12 n a-0Rke �N$1 �Giitle - � Realeengal-netlaulturel � cz - ❑ RSF-.5 G3 RSF-1 FORM BASED DISTRICTS _ RSF-2 � Downtown Core - RSF-0 Urban T—g— RSF-� �Mxln Street Center RSFb �Dowmown General RSF-18 Community Se RESIDENTIAL MULTI -FAMILY gBboMuotlS ice. Q I♦ RMFA Neigbbo—d Conaervagon r r - - - - - _ -- --- � = WF-12 PLANNED ZONING DISTRICTS �RMF-18 IIIIIIIII Commerdal, IntluaVial, Reaitlenlial r 1 Planning Area----�=- �RMF-24 INSTITUTIONAL 1 _ _ _ _ - _; ' - RMF-4g P-1 F7 Fayetteville City Limits INDUSTRIAL I-1 ReavyCommemlala^tlLghtlnCoattlal plannino Q ission 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 14 of 17 RZN20-7014 TILLMAN B, LLC Close Up View w Q z 0 0 z L 0 MAXWELL-DR a P-1 RSF-4 RI-12 z Subject Property 0O RSF_ z> oa r--HENDRIX. Q w N p Po d W W Rl- Q 2 z ILLIIMF 0 —MOUNT- CO H ` ` ` ORT [?D z � o Q CARTER, ST--------. RMF-24 CEDAR-ST NORTH Zoning Acres Legend Rl-U 0.3 Trail (Proposed) Planning Area Feet �- - - Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Total 0.3 Planning Co mission 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 15 of 17 RZN20-7014 Current Land Use TILLMAN B, LLC NORTH + �'. Single -Family Residential LU Z HENDRIX•S- ri a Y I - Single -Family Residential Subject - Property Single -Family Residential -- Z Z MOUNT ---- - O . COMFORT RD, �- ., - - Z - '- Y` - - _ _ •l.�s� - � , ' .CRT F. d _ A- ER,ST Mixed -Density Residential FEMA Flood Hazard Data 100-Year Floodplain Feet 0 Floodway Trail (Proposed) Planning Area 0 35 70 140 210 280 Fayetteville City Limits 1 inch = 100 feet Y Y Planning Co mission 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 16 of 17 RZN20-7014 Future Land Use HEFLEY-ST- }lw wa J J CEDAR ST TILLMAN B, LLC DEANE ST 4COMFORTRD i w w > aU) Y Z OLU = a WFOINGTON,oR y I Cn �O_VISTAZR Legend �- - -; Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint J a z z J z O F- z> oa 0 a MAXWELL-DR z O N Uj z a —Q 0II � LHENDRIX-ST z O z > a aCARTER-Sj— Feet 0 145 290 580 870 1 inch = 400 feet NORTH as z STI r-Al FUTURE LAND USE 2030 Residential Neighborhood Area - City Neighborhood Area 1,160 Non -Municipal Government Planning Co mission 23, 2020 Agenda Item 4 20-7014 Tillman B, LLC Page 17 of 17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0283 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: D. 5 RZN 20-7020 (NORTH OF 540 W. PRAIRIE ST./PEARSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED AT NORTH OF 540 WEST PRAIRIE STREET FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial and Light Industrial to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 41812020 City of Fayetteville Staff Review Form 2020-0283 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 4/3/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 20-7020: Rezone (NORTH OF 540 W. PRAIRIE ST./PEARSON, 523): Submitted by CHARLES PEARSON for property located NORTH OF 540 W. PRAIRIE ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.30 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: April 3, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7020: Rezone (NORTH OF 540 W. PRAIRIE ST./PEARSON, 523): Submitted by CHARLES PEARSON for property located NORTH OF 540 W. PRAIRIE ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.30 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to DG, Downtown General, as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is without street frontage and is located west of the Frisco Trail, approximately 350 feet north of Prairie Street. Despite the 1-1, Heavy Commercial and Light Industrial, zoning designation that was adopted in 1970, historical aerial imagery from as early as 1955 indicates that the property has remained largely undeveloped, with use limited to a vehicular turnaround. Development on the property has likely been constrained by a combination of large, industrial zoning building setbacks, a section of the Tanglewood Branch running along the western boundary, and lack of access to infrastructure. Request: The request is to rezone the 0.30-acre property to DG, Downtown General, to increase the feasibility of developing the property. Land Use Compatibility: Staff finds the requested DG zoning district to be compatible with surrounding land uses. Although most adjacent land uses are single-family, the larger area includes a diversity of activities, densities, and building types that are permitted by and complimentary to the DG zoning district. Even those permitted land uses that may present a potential for nuisance to surrounding properties are severely limited by the development potential of this small property and the requirements of the streamside protection zone. Additionally, the existing, heritage industrial zoning is a relic of this area's railway and warehousing history and is inappropriate today. A district that allows studio, office, retail, and restaurant activity or residential uses is more appropriate for the current development pattern and trends of downtown Fayetteville. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: The proposed zoning is consistent with City Plan 2040, the Future Land Use Map (FLUM), and the City Neighborhood designation of the subject property. The DG zoning district, with its flexible setbacks and diversity of uses facilitates development of an otherwise undevelopable lot. Furthermore, DG facilitates this in a complimentary manner to the City's goals for infill, complete neighborhoods, and active transportation. Housing or services along the City's backbone trail is an ideal location for development. DISCUSSION: On March 23, 2020, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 8-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7020 PEARSON 20-7020 Close up View I EXHIBIT 'A' RMF R-O RSF-4 -vnnVERSITY,AVE J 1-1 w a z W C-2 g z x W > O Legend Shared Use Paved Trail Trail (Proposed) Design Overlay District L � Planning Area — ---, L — — 1 Fayetteville City Limits Building Footprint MF-24 R', P-1 i W PRAIRIEST Q �"--SOUTH, y� 3 9 MA Feet 0 55 110 220 330 440 1 inch = 150 feet J NORTH Zoning Acres DG 0.3 Total 0.3 20-7020 EXHIBIT 'B' SLJId1F-Y DESCRIPTION A FIARI OF THE SOUTHWEST OUARTER (SwI /+) OF THE SOUTHEAST QUARTER (SE1 /+) OF SECTION SIVEEN (16), T SHIM SIVEEN (I 5) N011 1h, RANGE THIRTY (30) SST OF THE FIFTH PRINCIPAL UERIQI AN, WAgJ-IINGTQN OWNTY, ARKAKISAS, BEI!111� LAORE PARTICULARLY DESMOEU ATi FQLLOW5, P.EGININING AT THE INGR TI - 4yiEST CORNER OF ID 40 AQRE TRACT. ID PONT BEING AN r.MTINO IRON; THENCE WLITH 110.00 FEET ,ALONG THE YhEgT UKIE -OF SAID 40 ArRE TRACT TO A PQWT IN TAIN-5LEWOO-) BRAINCH AN') FROM "IQH A REFEFIEgCE IRON SET CW THE EAST BANK OF SAID ERANCH BEARS 489'4EI' 41-E 20.85 FEET, THENCE LEAVING THE WEST LINE CF SAID 40 ACRE TRACT, IN8'3'4B' 41 'E 143.' S FEET TO A SEf IR-'N REBAR ON THE FORMER Y4E'Sf RI SH T—OF-1A AY LIME OF THE RAILROAD; THENCE N15'21' 55'W 113.97 FEET ALONG SAJ D FORMER RIGHT —OF —'SAT UNE TO A SET IRON ON THE NORTH UNE OF SAID 40 ACRE TRACT; THENCE LEAVING THE FoHmEM wEST f iGHT—OF—wA'f UNE OF THE RAIL OAC, 589'lB'f11'W 112.55 FEET TO THE POINT CF REQ 14NIRG. CCNTAINIFIC O.0 ACRE5, LgQRE OR LESS. THE ABOVE DESCH13EIJ C. S2 ACRE TRACT HAVINO RI01-1115 TO A PERPETUAL EA5EMENT FOR INGRESS AhIJ EGRE55 HOM SAID 0_32 ACME TRAZT TO RMHIE STREET AS DESCMDED 114 AN ACCESS EASEMENT FROM THE 07Y OF FA'fETTEVILLE TO J4AMES. AND PALILENA SOXNLON, THE R SUC 5ORS A%4D ASSIUN5, IDOCLMENT 2—OD013%%, LAND RE001C S CF WA5HINOTON CO INT'f, ARKANSAS- CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: March 23, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7020: Rezone (NORTH OF 540 W. PRAIRIE ST./PEARSON, 523): Submitted by CHARLES PEARSON for property located NORTH OF 540 W. PRAIRIE ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.30 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 20-7020 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 20-7020 to the City Council with a recommendation of approval." BACKGROUND: The subject property is without street frontage and is located west of the Frisco Trail, approximately 350 feet north of Prairie Street. Despite the 1-1, Heavy Commercial and Light Industrial, zoning designation that was adopted in 1970, historical aerial imagery from as early as 1955 indicates that the property has remained largely undeveloped, with use limited to a vehicular turnaround. Development on the property has likely been constrained by a combination of large, industrial zoning building setbacks, a section of the Tanglewood Branch running along the western boundary, and lack of access to infrastructure. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped R-O, Residential Office South Single-family Residential DG, Downtown General East Park and Frisco Trail P-1, Institutional West Single-family Residential RSF-7, Residential Single-family, 7 Units per Acre; 1-1, Heavy Commercial and Light Industrial Request: The request is to rezone the 0.30-acre property to DG, Downtown General, to increase the feasibility of developing the property. Public Comment: Staff has received no public comment regarding this request. Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 1 of 13 INFRASTRUCTURE: Streets: The subject property has no public street frontage. Initial staff research indicates that there is an existing or prescriptive easement to access the property. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is not available to the site. An off -site water main extension is required at the time of development. Sewer: Public sanitary sewer is not available to the site, but does run parallel to the Frisco Trail to the east. An off -site sanitary sewer main extension is likley required at the time of development. Drainage: Although no portion of the site lies within the Hilltop -Hillside Overlay District or a FEMA-designated floodplain, it is significantly encumbered by streamside protection requirements. Almost the entire property is within the Waterside and Management Zones. Fire: The site will be protected by Station 1, located at 303 West Center Street which is approximately 0.5 miles from the subject property. The anticipated response time would be approximately 4.2 minutes. This is within the response time goal of 6 minutes for an engine but within the 8-minute response time goal for a ladder truck. Police: The Police Department did not express any 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. 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 the requested DG zoning district to be compatible with surrounding land uses. Although most adjacent land uses are single-family, the larger area includes a diversity of activities, densities, and building types that are permitted by and complimentary to the DG zoning district. Even those permitted land uses that may present a potential for nuisance to surrounding properties are severely limited by the development potential of this small property and the requirements of the streamside protection zone. Additionally, the existing, heritage industrial zoning is a relic of this area's railway and warehousing history and inappropriate today. A district that allows nonresidential and residential uses is more appropriate for the current development pattern and trends of Downtown Fayetteville. GAETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 2 of 13 Land Use Plan Analysis: The proposed zoning is compatible with City Plan 2040, the Future Land Use Map (FLUM) and the City Neighborhood designation of the subject property. The DG zoning district, with its flexible setbacks and diversity of uses facilitates development of an otherwise undevelopable lot. Furthermore, DG facilitates this in a complimentary manner to the City's goals for infill, complete neighborhoods, and active transportation. Housing or services along the City's backbone trail is an ideal location for development. 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 both accommodate development of the property in accordance with the goals outlined in the City's comprehensive plan, and develop the property within the requirements of the streamside protection ordinance. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has indirect access to Prairie Street, an Urban Center street under the Master Street Plan. Given the size of the property and associated limits on development scale, staff finds that the potential for traffic danger and congestion is negligible. 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 DG may increase the future population density, particularly given the allowance for residential uses under DG where it is not permitted under 1-1. That said, the size of the subject property, totaling less than one-third of an acre severely limits feasible development or opportunities for housing. Staff has encouraged the owners of the subject property and the land to the south to coordinate development to facilitate water and sewer access in an efficient manner. 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 GAETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 3 of 13 RECOMMENDATION: Planning staff recommends forwarding RZN 20-7020 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES j Date: March 23, 2020 I Motion: Johnson ISecond: Belden Vote: 8-0-0 BUDGET/STAFF IMPACT: None O Tabled ® Forwarded O Denied Attachments: • Unified Development Code: o §161.28 —Downtown General o §161.30 — 1-1, Heavy Commercial and Light Industrial • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 4 of 13 161.28 - Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet G:\ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 5 of 13 (2) Lot Area Minimum. None. E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; 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. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11- 1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) G:\ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 6 of 13 161.30 - 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 City-wide uses by right 1 Unit Public protection and utility facilities 3 Unit Cultural and recreational facilities 4 Unit Government Facilities F5 Unit Agriculture 6 Unit Eating places 13 Unit Shopping goods 16 pp g Unit Transportation trades and services 17 Unit ' Gasoline service stations and drive-in/drive 18 I through restaurants Unit Warehousing and wholesale 21 Unit Manufacturing 22 Unit Offices, studios and related services 25 Unit Wholesale bulk petroleum storage facilities 27 with underground storage tanks Unit Clean technologies 42 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 19 F—Commercial recreation, small sites Unit 20 1- 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 G:\ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 7 of 13 (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 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 10 feet 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 G:\ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 8 of 13 RZN 20-7020 Request Letter Pursuant to my request for a zoning change from I-1 to DG for parcel 765-12942-0000, I offer the following statements in support: The existing I-1 zoning for industrial uses is incompatible with current property usage in this area. Rezoning to DG will enhance compatibility with surrounding property. In addition it provides opportunities to provide for additional uses that support the new Cultural Arts Corridor. Thank you for your consideration. C axles L. Pearson Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 9 of 13 RZN20-7020 PEARSON One Mile View 0 0.125 0.25 0.5 Miles NORTH t-Z DG \ 11 I 1 Zoning �I-2 I . lntlu.trlal I--- RESIDENTIAL SINGLE-FAMILY EXTRACTION Legend ------ �Ns CO - _ _ _ _ � RI-u COMMERCIAL � RI n a-0tce �tle - �ReaitlaMMl-AgnwlWral �G2 1 - Planning Area RRS SF -is �G3 _ FORM BASED DISTRICTS RSF-2 Fayetteville City Limits ❑ RSF1 �U—b 'Th".1 are M." St— Center RRSFA �(bwmown General — Shared Use Paved Trail sF-,ti M�mm°^ilyservice. RESIDENTIAL MULTI -FAMILY M W,,h rneatl Service. Q I RMF-1 N ,,h or-d Conservation Trail (Proposed) ' _ MRMF-12 'LANNED ZONING DISTRICTS - - - -� RMP-18 - - - - - ' � Commerd.l, IntluaVial, Reaitlentlal I I I Planning Area RMF-M NSTITUTIONAL I_____ .__r �RMF-CO �P-1 Design Overlay District INDUSTRIAL L Fayetteville City Limits _ _ _ �] 1-1 N­­ercial.ntlLiti^II^d.Mr�M Planning C rr 23 ission 2020 Agenda Item 11 20-7020 Pearson Page 10 of 13 RZN20-7020 Close Up View if R-O RSF-4 -VNlVtRSITY,AVEJ 1-1 W Q H z w C-2 g z it w 0 Legend Shared Use Paved Trail Trail (Proposed) Design Overlay District L — Planning Area -r L — — 1 Fayetteville City Limits Building Footprint PEARSON AGAVE w c� R'. Feet 0 55 110 220 330 440 1 inch = 150 feet LU E---_ `SOUTH, CO LU r d' } W J J MSC NORTH Zoning Acres D G 0.3 Total 0.3 Planning CoInn' 23 ission 2020 Agenda Item 11 20-7020 Pearson Page 11 of 13 RZN20-7020 PEARSON Current Land use NORTH ' Q Jr A Jr A Fay Jones Woods 'L IL ;' _r e Mixed -Density Subject + .... = Residential Property LU A` 0 . _ _ ' _ UNIVERSITY --- - = '•. .:. " AVE — -- `^ Vacant "yg _ ,. I _ - i y 1 1 - 1 I Shared Use Paved Trail Trail (Proposed) Feet Planning Area - - -; Fayetteville City Limits 0 35 70 140 210 — — 1 inch = 100 feet Design Overlay District l Single -Family Residential FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning Co mission '3, 2020 Agenda Item 11 20-7020 Pearson Page 12 of 13 RZN20-7020 Future Land Use —TREAD_ E: RB Legend L - - Planning Area L — —� Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint PEARSON Subject Property & I a .. 0 W ,ga I � Feet 0 145 290 580 870 1 inch = 400 feet 16i ■ MUUNTAINS Tv a c� x c� ROCK�ST Q � SOUTH STD F= c� O 1 ARCHIBALD YELL BLVn 4TH FUTURE LAND USE 2030 Residential Neighborhood Area - City Neighborhood Area - - Complete Neighborhood Plan 1,160 Civic and Private Open Space/Parks Non -Municipal Government Planning C rr 23 ission 2020 Agenda Item 11 20-7020 Pearson Page 13 of 13 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0284 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D. 6 File Type: Ordinance RZN 20-7030 (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7030 FOR APPROXIMATELY 2.00 ACRES LOCATED AT SOUTHEAST OF EAST HUNTSVILLE ROAD AND SOUTH RIVER MEADOWS FROM NS-L, NEIGHBORHOOD SERVICES -LIMITED TO CS, COMMUNITY SERVICES 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 NS-L, Neighborhood Services -Limited to CS, Community Services. 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 41812020 City of Fayetteville Staff Review Form 2020-0284 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 4/3/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 20-7030: Rezone (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK SD, S69): Submitted by ESI ENGINEERS, INC. for property located SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR. The property is zoned NS-L, NEIGHBORHOOD SERVICES -LIMITED and contains approximately 2.00 acres. The request is to rezone the property to CS -COMMUNITY SERVICES. 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 APRIL 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: April 3, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7030: Rezone (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK SD, 569): Submitted by ESI ENGINEERS, INC. for property located SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR. The property is zoned NS-L, NEIGHBORHOOD SERVICES -LIMITED and contains approximately 2.00 acres. The request is to rezone the property to CS -COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to CS, Community Services, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: Although the subject property is limited to 2.00 acres, it is a portion of a larger 16.02-acre group of associated parcels on the southeast corner of Highway 16/Huntsville Road and River Meadows Drive. In 2008, the parcels were rezoned as the Bridgedale Plaza Residential Planned Zoning District (R-PZD) which subsequently expired. The PZD was intended as three planning areas allowing for 60 single-family dwellings units, 30,250-square feet of non- residential space, and 24 multi -family units. Following expiration, the City Council approved a rezoning to CS, Community Services, NS, Neighborhood Services, and NC, Neighborhood Conservation to reflect the three planning areas. This approval was subject to a bill of assurance limiting density. The NS zoning designation later became NS-L, Neighborhood Services, Limited, following amendment to the Unified Development Code. The property remains largely undeveloped, except for three single-family dwellings built in the 1930s and 1940s. At the March 23, 2020 Planning Commission meeting, a preliminary plat for 43 single- family lots was approved on the former R-PZD property that is zoned NC to the south. Request: The request is to rezone the property from NS-L to CS. The applicant has not shared an intended use or development plan. Land Use Compatibility: Although the current zoning districts were deliberately selected to mirror the expired Bridgedale R-PZD, the current proposal remains compatible with existing and potential land uses. The property is located along a busy highway corridor with large amounts of residential housing with access to few services. The proposal to locate additional potential for nonresidential uses at a major corner serves as a transition to the lower density residential uses Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to the south while still offering the potential for denser residential and intense nonresidential uses at an appropriate location. Land Use Plan Analysis: In staff's opinion, the proposed rezoning is consistent with many of the goals and tenets of City Plan 2040 and the Future Land Use Map. In particular, the foundation of compact, complete, and connected neighborhoods begins with neighborhood centers offering a diversity of housing options and services. The CS zoning district offers this while limiting the scale of nonresidential activity. Providing nodes of neighborhood commercial and mixed -use zoning discourages sprawl, decreases reliance on regional commercial developments, and can potentially reduce the number of vehicle trips in the area. DISCUSSION: On March 23, 2020, the Planning Commission recommendation for approval by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report forwarded the proposal to City Council with a No public comment was made. RZN20-7030 STONEBROOK SD, LLC 20-7030 Close up view EXHIBIT IN RSF-1 RSF-4 O Q ER Legend Trail (Proposed) Planning Area Fayetteville City Limits Building Footprint 0 NS-L Subject Property Feet 0 75 150 300 450 600 1 inch = 200 feet ■ J a 411 .9,Qo,<� �oQO RSF-1 F- W m n A& NORTH Zoning Acres CS 2.0 Total 2.0 20-7030 EXHIBIT 'B' NS-L BOUNDARY DESCRIPTION: A PART OF THE WEST HALF (W 112) OF THE NORTHWEST QUARTER (NW 114) OF SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH (T-16-N), RANGE TWENTY-NINE WEST (R-29-VV) OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE. WA HINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 56 OF STONEBRIDGE MEADOWS SUBDIVISION PHASE I AS SHOWN ON THE FINAL PLAT OF STONEBRIDGE MEADOV S SUBDIVISION PHASE I FILED AS PLAT FILE 15-110 OF THE WASH INGTON COUNTY RECORDS, SAID POINT BEING A FOUND 518 INCH REBAR ON THE EASTERLY RIGHT OF WAY LINE OF RIVER MEADOWS DRIVE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N24°34'50"E A DISTANCE OF 112.99 FEET; THENCE LEAVING SAID EA TERLY RIGHT OF WAY LINE, S6&'26'17"E A DISTANCE OF 242.17 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET, AN ARC LENGTH OF 205-59 FEET AND A CHORD BEARING AND DISTANCE OF N7501T56"E-189.87 FEET; THENCE N36'02'08"E A DISTANCE OF 78.10 FEET; THENCE NO1'29'20'E A DISTANCE OF 6.61 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 10 (EAST HUNTSVILLE ROAD); THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S53°56'25 E A DISTANCE OF 123.03 FEET TO A FOUND RIGHT OF WAY MARKER; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S02'6YO7lA' A DISTANCE OF 165.12 FEET; THENCE N87'08'43"W A DISTANCE OF 593.13 FEET TO THE EAST LINE OF SAID LOT 56; THENCE ALONG SAID EAST LINE, N02045'17"E A DISTANCE OF 87.55 FEET TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager Abdul R. Ghous, Planner MEETING DATE: March 23, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7030: Rezone (SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR./STONEBROOK SD, 569): Submitted by ESI ENGINEERS, INC. for property located SE OF E. HUNTSVILLE RD. & S. RIVER MEADOWS DR. The property is zoned NS-L, NEIGHBORHOOD SERVICES -LIMITED and contains approximately 2.00 acres. The request is to rezone the property to CS -COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 20-7030 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7030 to City Council with a recommendation for approval." BACKGROUND: Although the subject property is limited to 2.00 acres, it is a portion of a larger 16.02-acre group of parcels on the southeast corner of Highway 16/Huntsville Road and River Meadows Drive. In 2008, the parcels were rezoned as the Bridgedale Plaza R-PZD which subsequently expired. The PZD was intended as three planning areas allowing for 60 single-family dwellings units, 30,250- square feet of non-residential space, and 24 multi -family units. Following expiration, the City Council approved a rezoning to CS, Community Services, NS, Neighborhood Services, and NC, Neighborhood Conservation to reflect the three planning areas. This approval was subject to a bill of assurance limiting density. The NS zoning designation later became NS-L, Neighborhood Services, Limited following amendment to the Unified Development Code. The property remains largely undeveloped, except for three single-family dwellings built in the 1930s and 1940s. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single- milResidential CS, Community Services South Undeveloped NC, Neighborhood Conservation East Large Lot 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 NS-L to CS. The applicant has not shared an intended use or development plan. Public Comment: Staff has received no public comment. Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 1 of 15 INFRASTRUCTURE: Streets: The overall property has frontage to East Huntsville Road and South River Meadows Drive, while the area proposed for rezoning only accesses River Meadows. East Huntsville Road is a fully improved Regional Link with asphalt paving, sidewalk, and curb and gutter along the subject area frontage. South River Meadows Drive is a fully improved Residential Link with asphalt paving, sidewalk, and curb and gutter along the subject area frontage. 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 12-inch water main is present along East Huntsville Road and an existing 8-inch water main is present along South River Meadows Drive. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along South River Meadows Drive and an existing 6-inch sanitary sewer main is present along East Huntsville Road. Drainage: While the property or portions of the property are not within the Hilltop -Hillside Overlay District, a FEMA-designated floodplain, or streamside protections zone, hydric soils are present. Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be in the northeast portion of the subject area. Fire: The property is protected by Station 3, located at 1050 S. Happy Hollow, which is approximately 2.0 miles away with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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 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 row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor- hood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural envi- ronment. 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. GAETC\Development Services Review\2020\Development Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 2 of 15 Finding: Land Use Compatibility: Although the current zoning districts were deliberately selected to mirror the expired Bridgedale R-PZD, the current proposal remains compatible with existing and potential land uses. The property is located along a busy highway corridor with large amounts of residential housing, but few businesses. The proposal to locate additional potential for nonresidential uses at a major corner serves as a transition to the lower density residential uses to the south while still offering the potential for denser residential and intense nonresidential uses at an appropriate location. Land Use Plan Analysis: In staff's opinion, the proposed rezoning is consistent with many of the goals and tenets of City Plan 2040 and the Future Land Use Map. In particular, the foundation of compact, complete, and connected neighborhoods begins with neighborhood centers offering a diversity of housing options and services. The CS zoning district offers this while limiting the scale of nonresidential activity. Providing nodes of neighborhood commercial and mixed -use zoning discourages sprawl, decreases reliance on regional commercial developments, and can potentially reduce the number of vehicle trips in the area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Although the applicant has not cited a need or justification for the proposed rezoning, staff finds that the three tiers of existing zoning designation are reflective of the expired Bridgedale R-PZD, and not necessarily the realities of developing a split -zoned site. Rezoning the property as requested creates the potential for a more coherent development that is not tied to the parameters of an expired planned zoning district. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Other than the existing single-family dwellings on the larger 16.02-acre parcel, the remainder of the property is undeveloped. Accordingly, any development will increase traffic in the area, but CS represents a greater potential for this than NS-L given the disparity in permitted density: NS-L allows 10 units per acre and up to four attached dwellings where CS has no density maximum and permits multi -family dwellings. Highway 16/Huntsville Road is currently a high -traffic roadway at peaks times and it can be particularly difficult entering from River Meadows to travel west and additional traffic may aggravate this. Street improvements, including but not limited to street widening for a turn lane and contribution for a traffic signal will be evaluated at the time of development. Additionally, the Arkansas Department of Transportation is currently programmed for a project between Stone Bridge Road to the west and Roberts Road to the east, with the potential for widening or other capacity, safety, or pedestrian improvements. 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 GAETC\Development Services Review\2020\Develop ment Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 3 of 15 sewer facilities. Finding: Rezoning the property will likely lead to an increased density over the current potential. However, there are adequate water and sewer services along and within this property 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: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 20-7030 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: March 23, 2020 IMotion: Johnson ISecond: Belden Vote: 8-0-0 BUDGET/STAFF IMPACT: None O Tabled xO Forwarded O Denied Attachments: • Unified Development Code: o §161.18 — Neighborhood Services, Limited o §161.22 —Community Services • Request letter • Bill of Assurance • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 4 of 15 161.18 - NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 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 12a Limited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities" Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Two (2)family 35 feet Three or more 35 feet All other uses None G:\ETC\Development Services Review\2020\Develop ment Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 5 of 15 (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or 3,000 square feet of lot area per more dwelling unit All other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. 7 Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. (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. 5735, 1- 20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-2019) G:\ETC\Development Services Review\2020\Development Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 6 of 15 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 4 Cultural and recreational facilities Unit Government facilities Unit 8 Single-family dwellings FUnit9T__ Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit� Eating places 13 15 Unit Neighborhood Shopping goods Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Home occupations 24 Unit Offices, studios and related services P25 Unit Multi -family dwellings P26 Unit Sidewalk Cafes 40 Unit Accessory dwellings P41 Unit Cluster Housing Development 44 Unit Small scale production �45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 F Public protection and utility facilities Unit 14 Hotel, motel and amusement services G:\ETC\Development Services Review\2020\Development Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 7 of 15 Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 F Liquor stores Unit 35 Outdoor music establishments Unit 36 F—Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. A build -to zone that is Front: located between 10 feet and a line 25 feet from the front property line. Side and rear: F None Side or rear, when contiguous to a single- 15 feet family residential district: (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) G:\ETC\Development Services Review\2020\Development Services\20-7030 RZN SE of River Meadows & Huntsville (Stonebrook SD) 569\03 PC\03-23-2020\Comments Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 8 of 15 ENGINEERING SERVICES INC. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 0 Fax: 479-751-8746 February 12, 2020 City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 RE: Rezone Narrative E Huntsville Road and S River Meadows Dr. Fayetteville, AR To whom it may concern, RZN 20-7030 Request Letter Please let this letter serve as a narrative to accompany the rezone application for a combination of parcels located at the corner of E Huntsville Road (Highway 16) and S River Meadows Dr. in east Fayetteville. The area requested to be rezoned, is a portion of Washington County parcel numbers 765-13090-100, 765-13090-200, 765-13092-000, 765-13094-000, and 765-13095-000, which is approximately 16.10 acres total. Of the 16.10 acres total, 12.50 acres is currently proposed as Stonebrook subdivision (by separate application) and is currently zoned primarily NC (Neighborhood Conservation) with a small sliver of NS-L (Neighborhood Services — Limited). Of the remaining 16.10 acres, CS (Community Services) makes up 1.6 acres, and NS-L makes up the remaining 2.00 acres. It is requested for the NS-L portion to be rezoned to CS. Rezoning this piece from NS-L to CS would still be compatible with the general area, which consists of CS, NC- RSF-4, RMF-24, R-0, and C-1 within the vicinity. It would essentially be extending the current CS zoning south an additional 2.00 acres to the proposed Stonebrook Subdivision. It is not believed that rezoning the property from NS-L to CS would have any negative impacts on existing street, utility, or drainage infrastructure in the area. This submittal includes the following items: • Rezone Application • $330 Submittal Fee ($325 Application Fee, $5 Sign Fee) • Legal Description of project area Please let me know if I can answer any questions. Blake Murray, P.E., CFM Project Engineer Brian J. Moore, P.E. I Tim J. Mays, P.E President Vice President • r r •Surveyors ENGINEERING 5�{VICES IM1FC. Jason Appel, P.E. Jerry W. Martin Secretary/Treasurer Chairman of the Board Planning Commission www.engineeringservices.com3,2020 Item em7 7 20-7030 Stonebrook SD RZN Page 9 of 15 PPL 20-7029 RZN 20-7030 Bill of Assurance BILL OF ASSURANCE EXHIBIT "A" 1. In regard to the 12.03 acre area shown on Exhibit "B" with the zoning request of Neighborhood Conservation, the Petitioner hereby agrees to limit the number of lots to 57 or 4.7 lots per acre. 2. The Developer will not permit a gas station on any of the tracts shown in Exhibit `B." 3. The Petitioner will pay its reasonable, proportionate share of any future traffic signal on Huntsville Road in front of its property. 4. Pending the Arkansas Highway's Departments approval, the Petitioner will pay a reasonable amount to restripe a third turning lane to serve as the main Huntsville Road entrance for its development as shown in Exhibit "B." 5. In its development depicted in Exhibit `B," the Developer promises there will be three points of ingress and egress, plus the stub out to the East. 6. The Developer will pay its reasonable fair share of work to alleviate an offsite drainage issue that the City and the Developer promised to fix in the 2008 PDZ concerning this property, Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 10 of 15 ZI -- _ f - t.�— f LI � _ ram_ tip �} wo �!- r rr, —1 .:.M i - - •,� wall `ij - t �yi-'rii.L �• I F� � � ��•�e i [�;�� -=21r'=-• �.-r�,., �.s•7-- -�ifk1't -itr -ar •:+y • ir. xe-i� 1� VdJL� •—rtt I C i Y it T L• • i 4 1 ,t} ■ i t I •_��[ � - ��� �;;�.,,_ � �i It � � , �• •ate•• r•: i -- it JORGENSEN & ASSOC'IATL•S 1 ?" •'•^. i i. ii FNu av�exs +i•u. a ui. i-1••IF- 1`:'1_.G1 `�Rjj Vii Planning Commission March 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 11 of 15 RZN20-7030 One Mile View 1 1 1 1 1 I- 1 1 C STON EBROOK SD, LLC 0 0.125 0.25 0.5 Miles RSF-1 ♦♦ RSF-4 00 Legend Planning Area �- - - Fayetteville City Limits Planning Area = �11111Y Trail (Proposed) Fayetteville City Limits Subject Property I I NORTH 1 1 1 1 1 1 1 1 I 1 1 Zoning f� ral Gene lntluslrlal 1 _ - R RESIDENTIAL SINGLE-FAMILY EXTRACTION LNS ME1 COMMERCIAL � RI-tz ntal-0tce itle � NS-L G1 � ResitlaMisl-Agnwltural f� G2 RSF-f� G3 RSF-1 FORM BASED DISTRICTS RSF-2 f� DowMwm Care - RSFJ Urban Th—g— RSF-] f� Mal, Slreet Center RS1. -1--General SF-18 Co ,ty Services RESIDENTIAL MULTI -FAMILY M Naigti�rnaatl Service. Q RMF-1 M Neigbbor-d Conservation RMF-12 PLANNED ZONING DISTRICTS RMF-18 f� Commerdel, Intluatrial, Reaitlentlal --1 M RMF-24 INSTITUTIONAL RMF- MP1 INDUSTRIAL - - _ -, ReaVy �,mmamial a,tl Ligl,ll,tl�alrlal Planning C rr 23 ission 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 12 of 15 RZN20-7030 Close Up View RSF-1 STONEBROOK SD, LLC RSF-4 P O Q ER NN NS-L %a Subject Property 4q. Legend Trail (Proposed) Planning Area Feet :_ _ �- - - Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet RSF-7I _J a 411 �oQO S_ F- W m n NORTH Zoning Acres CS 2.0 Total 2.0 Planning Co mission '3, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 13 of 15 RZN20-7030 STONEBROOK SD, LLC A& Current Land Use NORTH Mixed -Density Residential Single -Family v Residential - � 2 Single -Family �C Residential Subject Property F.Q� Single -Family Residential Undeveloped/ Planned Subdivision FEMA Flood Hazard Data 100-Year Floodplain Feet Floodway Trail (Proposed) Planning Area 0 55 110 220 330 440 - - -; 1 inch = 150 feet Fayetteville City Limits Planning Co mission 3.2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 14 of 15 RZN20-7030 Future Land Use Z a a� 4z CO ti Legend �- - -; Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint STONEBROOK SD, LLC AV 4100 s& Vs Pg 0 , w' -- - - -- .J , Q ' Z Z a----_------ EASTPOINT- Feet 0 145 290 580 870 1 inch = 400 feet 1,160 NORTH L-AWNDALE DR- D CX G O OO G Q O C OOP yO,QV e� 00 'hsq cn cF0'Q w m � v/_ FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area - Civic and Private Open Space/Parks - Civic Institutional Planning Co mission 23, 2020 Agenda Item 7 20-7030 Stonebrook SD RZN Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0263 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D. 7 File Type: Ordinance ANX 20-6995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX) APPEAL: AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20-6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COMFORT WHEREAS, the annexation petitioner has properly secured the Washington County Judge's authorization to annex 152.00 acres located along Hughmount Road North of Mount Comfort into the City of Fayetteville; and WHEREAS, the City Council passed Resolution 183-12 on September 4, 2012 to allow the extension of the city's sewerage system beyond the city limits to the Hughmount Village Development; and WHEREAS, the contract associated with Resolution 183-12 required the developers/owners of Hughmount Village to "pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible." 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 confirms the annexation to the City of Fayetteville, Arkansas of about 152.00 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation and zoning. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 152.00 acres to Ward Four of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 41812020 HALL LSTILL ATTORNEYS A March 5, 2020 VIA US MAIL & E-MAIL eityclerkoa'tfayetteville-ar.goy Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 Re: ANX-20-6995 & RZN-20-6996 Appeal Request 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 annexation and rezoning requests were heard before the Planning Commission on February 241h 2020. The Planning Commission voted to neither recommend the annexation nor the rezoning; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of both the annexation and rezoning be put on the next appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The applicants will submit their reasons why they believe the City Council should approve the annexation and rezoning when these two (2) requests are placed on the agenda. I thank you in advance. RKR:slt Cc: Johnthan Curth Blake Pennington 4401338.1:005377:00001 Sincerely yours, Robert K. Rhoads Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: April 3, 2020 CITY COUNCIL MEMO SUBJECT: ANX 20-6995: Annexation (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT ANNEX, 282): Submitted by HALL ESTILL ATTORNEYS, INC. for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres. The request is to annex the properties into the City of Fayetteville. RECOMMENDATION: The City Planning staff recommend approval of a request to annex the subject proeprty as described and shown in the attached Exhibits `A' and `B', excluding parcel #001-16799-000, described by the applicant as "Hughmount North". The Planning Commission denied the proposal and the applicant has appealed the decision to City Council. BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although significant areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 (attached) allowing the extension of Fayetteville's sewerage system to the subdivision. In exchange, the property was developed subject to the requirements of the Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. This resolution was subsequently amended to address development modifications, but a requirement to seek annexation when a contiguous City boundary makes this possible remained. Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed to comply with the terms of Resolution 17-14 as it relates to Hughmount Village and as approved by City Council in January of 2014. As noted above, the terms of this resolution dictate that the residents of Hughmount Village are to seek annexation in to the City of Fayetteville when the annexation of intervening properties makes this feasible. This is occurring with the current application where the approximately 56.25 acres of Hughmount Village would be annexed with 95.75 additional acres intended to remain undeveloped or as future Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 phases of the subdivision Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the properties within the proposed annexation as Natural Area, Rural Residential Area, and Residential Neighborhood Area. Natural Areas are intended for minimal to no development and property designated as Rural Residential are to remain large -lot residential, agricultural, or conservation subdivision in land use. On the other hand, Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. Staff finds that the request is compatible with many of these policies, including that the proposed annexation will include environmentally -sensitive areas along Clabber Creek, and somewhat reduce an existing `peninsula' of land that is adjacent to incorporated Fayetteville. Additionally, under the City Council's agreement with the subdivision, City water and sewer currently serve a large portion of this area and are available for those properties proposed for annexation but not covered by the 2014 resolution. At the same time, other policies are not observed, among them the inability of the Fire Department to currently offer adequate response time and the potential need for upgrading infrastructure should the property develop at suburban or urban densities. While this will be lessened with construction of the proposed station at Deane and Porter, response times will still be less than recommended. Currently, the subdivision and neighboring unincorporated properties are served by the Wheeler Volunteer Fire District but the City of Fayetteville provides automatic response. In areas immediately adjacent to Fayetteville, an automatic response agreement often means that the Fayetteville Fire Department is the de facto first responder. Additionally, the portion of the property described as "Hughmount North" represents a conflict with the goal to reduce peninsulas, creating a finger of land that will be surrounded by unincorporated Washington County on three sides. On the balance of issues, staff finds that the proposal is generally consistent with existing plans and policies. DISCUSSION: On February 24, 2020, the Planning Commission denied the proposal by a vote of 7-1-0. Commissioner Brown did not support denial. Public comment was made from several nearby residents and a Housing Authority representative. Nearby residents were in favor of the annexation request, but opposed to the concurrently -submitted rezoning, citing concerns about excess density, increased traffic, and potentially inadequate infrastructure. The Housing Authority representative supported the request, but at a higher density than currently present in adjacent incorporated areas, and with the potential benefit of added sales tax revenue from online purchases. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Fire Department Memo • Resolution 183-12 • Planning Commission Staff Report ANX20-6995 H U G H M O U N T RD AREA 20-6995 EXHIBIT 'A' Close up view i I 1 i I 1 1 1 i ! i f f 1 1 1 1 TITUS w wX DR ; _ 6 Lx MARBLE U- _ O RIDGE DRY COM CANYON SP ING RUN R HO SE DR x Zo UJ SONG o a BI D PL ~ -J O Subject Property OJ 0 QW TOWNBRIDGE N v U DR M W in CROSSVINE U P PPY DR CREEK O usF_a P-1 w Z Y Q �w v5icwn K Q x M NORTH �o ST CT RSF-1LUE Legend - - -I Planning Area RSF-1 Fayetteville City Limits Feet RSF-4 Shared Use Paved Trail P-1 Trail (Proposed) 0 220 440 880 1,320 1,760 Building Footprint 1 inch = 600 feet LEGAL DESCRIPTION — HUGHMOUNT NORTH: A part of the W1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence NO2°45'51"E 1,317.63 feet, thence NO2°25'58"E 37.66 feet to the POINT OF BEGINNING; thence continue Northerly N02025'58"E 1,266.65 feet, thence S87024'26"E 659.72 feet, thence S02°22'02"W 658.76 feet, thence S02033'39"W 658.76 feet, thence N87034'04"W 138.59 feet, thence N02036'40"E 40.32 feet, thence N87034'04"W 349.42 feet, thence N02036'40"E 12.40 feet, thence N87034'04"W 171.15 feet to the POINT OF BEGINNING, containing 19.44 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: SLAPE PROPERTY: A part of the NE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 1,021.81 feet, thence N87031'12"W 989.27 feet to the POINT OF BEGINNING, thence S02048'49"W 159.46 feet, thence N87030'13"W 325.83 feet, thence N02054'04"E 159.37 feet, thence S87031'12"E 325.59 feet to the POINT OF BEGINNING, Containing 1.19 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: KILGORE SURVEY: A part of the Fr. NW1/4 of Section 1, T16N, R31W and a part of the SE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of the NE1/4, Fr.NW1/4, thence N03000'49"E 802.33 feet, thence N86059'11"W 257.27 feet to the POINT OF BEGINNING, thence N40005'31"E 289.73 feet, thence N47049'16"E 70.86 feet, thence N57019'59"E 67.83 feet, thence N15°48'39"E 86.91 feet, thence N71055'45"E 140.86 feet, thence S03°47'29"W 354.75 feet, thence S79034'28"W 437.56 feet to the POINT OF BEGINNING, Containing 2.07 acres, more or less, subject to easements and right of ways of record. HUGHMOUNT VILLAGE (PER FILE 0024-00000056): A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE N02045'51"E 1317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87034'04"E 171.15 FEET, THENCE S02036'40"W 12.40 FEET, THENCE S87034'04"E 349.42 FEET, THENCE S02036'40"W 40.32 FEET, THENCE S87034'04"E 798.45 FEET TO A POINT ON HUGHMOUNT ROAD, THENCE ALONG SAID ROAD S02054'04"W 1308.53 FEET, THENCE CONTINUING ALONG ROAD S02036'40"W 537.12 FEET, THENCE LEAVING HUGHMOUNT ROAD N87018'47"W 1317.23 FEET, THENCE NO2°45'51"E 537.22 FEET TO THE POINT OF BEGINNING, CONTAINING 56.25 ACRES, MORE OR LESS. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE R-A: A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW1/4, SW1/4, THENCE S02045'51"W 537.22 FEET, THENCE S87018'47"E 474.94 FEET TO THE POINT OF BEGINNING, THENCE N02036'40"E 124.61 FEET, THENCE S87021'30"E 232.89 FEET TO A POINT OF CURVE TO THE LEFT 45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF N56023'55"E 42.57 FEET, THENCE N20009'20"E 291.34 FEET TO A POINT OF CURVE TO THE LEFT 16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF N11023'00"E 16.78 FEET, THENCE NO2°36'40"E 562.73 FEET TO A POINT OF CURVE TO THE RIGHT 45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF N47036'39"E 41.01 FEET, THENCE S87023'21"E 458.20 FEET, THENCE S02054'04"W 499.73 FEET, THENCE S02036'40"W 537.12 FEET, THENCE N87018'47"W 842.29 FEET TO THE POINT OF BEGINNING, CONTAINING 12.92 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE RSF-8: A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE NO2°45'51"E 1,317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87034'04"E 171.15 FEET, THENCE S02035'52"W 12.40 FEET, THENCE S87034'02"E 349.42 FEET, THENCE S02036'25"W 40.32 FEET, THENCE S87034'03"E 798.45 FEET, THENCE S02054'04"W 808.80 FEET, THENCE N87023'21"W 458.20 FEET TO A POINT OF CURVE TO THE LEFT45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF S47036'39"W 41.01 FEET, THENCE S02036'40"W 562.73 FEET TO A POINT OF CURVE TO THE RIGHT16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF S11023'00"W 16.78 FEET, THENCE S20009'20"W 291.34 FEET TO A POINT OF CURVE TO THE RIGHT45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF S56023'55"W 42.57 FEET, THENCE N87021'30"W 232.89 FEET, THENCE S02036'40"W 124.61 FEET, THENCE N87018'47"W 474.94 FEET, THENCE N02045'51"E 537.21 FEET TO THE POINT OF BEGINNING, CONTAINING 43.33 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. LEGAL DESCRIPTION - HUGHMOUNT SOUTH: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, thence S02046'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,283.73 feet, thence S02038'17"W 657.71 feet, thence N87024'55"W 1,285.37 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING: Containing 19.43 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: RSF-8 REZONE: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02°46'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,006.16 feet, thence S02041'1YW 188.50 feet, thence S37018'06"W 145.81 feet, thence N87018'47"W 135.00 feet, thence S02041'13"W 350.09 feet, thence N87°24'55"W 789.42 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING, Containing 13.37 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: R-A REZONING: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW 1 /4, SW 1 /4, thence S02046'50"W 1,854.85 feet, thence S87018'47"E 1,006.16 feet to the POINT OF BEGINNING; thence S87°18'47"E 277.57 feet, thence S02038'17"W 14.24 feet, thence S40038'46"W 297.78 feet, thence S52°50'36"W 206.87 feet, thence S04030'46"W 135.59 feet, thence S54033'45"E 60.42 feet, thence S88037'37"E 213.21 feet, thence N26°35'47"E 64.92 feet, thence N74030'14"E 59.39 feet, thence S02038'17"W 190.71 feet, thence N87024'55"W 495.95 feet, thence N02041'1YE 350.09 feet, thence S87018'47"E 135.00 feet, thence N37018'06"E 145.81 feet, thence N02041'13"E 188.50 feet to the POINT OF BEGINNING, Containing 3.58 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NS-G REZONING: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02°46'50"W 1,854.85 feet, thence S87°18'47"E 1,283.73 feet, thence S02038'17"W 14.24 feet to the POINT OF BEGINNING; thence S02038'17"W 452.76 feet, thence S74°30'14"W 59.39 feet, thence S26035'47"W 64.92 feet, thence N88037'37"W 213.21 feet, thence N54°33'45"W 60.42 feet, thence N04°30'46"E 135.59 feet, thence N52050'36"E 206.87 feet, thence N40038'46"E 297.78 feet to the POINT OF BEGINNING, Containing 2.48 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HUGHMOUNT EAST: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 528.00 feet to the POINT OF BEGINNING; thence S03006'00"W 823.65 feet, thence N87031'05"W 1,313.49 feet, thence N02049'40"E 170.42 feet, thence S87030'1YE 325.83 feet, thence N02048'49"E 159.46 feet, thence N87031'12"W 325.58 feet, thence N02054'04"E 495.00 feet, thence S87028'03"E 1,316.56 feet to the POINT OF BEGINNING, Containing 23.69 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NC ZONE: A part of the NE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 528.00 feet, thence N87°28'03"W 1,125.87 feet to the POINT OF BEGINNING, thence S02°31'57"W 494.81 feet, thence N87°31'12"W 193.87 feet, thence N02054'04"E 495.00 feet, thence S87°28'03"E 190.69 feet to the POINT OF BEGINNING, Containing 2.18 acres, more or less, subject to easements and right of ways of record. ALSO: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 1,351.65 feet, thence N87°31'05"W 161.91 feet to the POINT OF BEGINNING; thence N87031'05"W 1,151.58 feet, thence NO2°49'40"E 170.42 feet, thence S87°30'1 YE 325.83 feet, thence NO2°43'00"E 106.15 feet, thence S87028'03"E 824.53 feet, thence S02°31'57"W 275.75 feet to the POINT OF BEGINNING, Containing 6.50 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: RSF-8 ZONE: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 528.00 feet to the POINT OF BEGINNING; thence cS03006'00"W 823.65 feet, thence N87031'05"W 161.91 feet, thence N02031'57"E 275.75 feet, thence N87°28'03"W 824.53 feet, thence NO3°00'23"E 53.31 feet, thence N87°31'12"W 131.71 feet, thence NO2°31'57"E 494.81 feet, thence S87028'03"E 1,125.87 feet to the POINT OF BEGINNING, Containing 15.00 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HEYLIGER: A part of the SE1/4 of the SWIM of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SE1/4, SW1/4, thence S03°06'00"W 38.24 feet to the POINT OF BEGINNING; thence S03006'00"W 725.10 feet, thence S71 °56'45"W 1,406.67 feet, thence NO3°00'49"E 1,218.57 feet, thence S87°31'05"E 1,313.80 feet to the POINT OF BEGINNING, Containing 29.29 acres, more or less, subject to easements and right of ways of record. wis CITY OF FAYETTEVILLE ARKANSAS To: Garner Stoll CC: Fire Chief Brad Hardin From: Battalion Chief Jeremy Ashley, Fire Marshal Date: March 19, 2020 Subject: Addendum to RZN 20-6996: In a rezone letter dated February 11, 2020 the Fire Marshals Office submitted to Jonathan Curth a detailed explanation of our current and future response times to the address listed on the rezone request (see page 2). This property is currently outside the limits of the City of Fayetteville. The primary fire and EMS response is currently the Wheeler Fire Department which is located approximately 3.2 miles away. I am unable to give a response time for the Wheeler Fire Department as they are another jurisdiction. The property off Hughmont is in the area covered by an automatic aid agreement with the Wheeler Fire Department. Per the agreement if there is a reported structure fire in this area the Wheeler Fire Department is dispatched as well as the Fayetteville Fire Department. The Fayetteville Fire Department will respond with two (2) fire companies and one (1) command unit to assist Wheeler. This is a reduction of fire companies that are dispatched within the city limits of Fayetteville. Within Fayetteville five (5) fire companies and one (1) command unit is on the initial dispatch of a structure fire. EMS or any other emergency calls in this area will only get the response of the Wheeler Fire Department. Mailing Address 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS To: Jonathan Curth, Planner CC: Battalion Chief Jeremy Ashley, Fire Marshal From: Captain Nathan Wood, Deputy Fire Marshal Date: February 11, 2020 Sub'ect: RZN 20-6996: Rezone Hu hmount RD. North of MT. Comfort/Hu hmount Rezone, 282): 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 7, located at 835 N Rupple, protects this site. The property is located approximately 2.8 miles from the fire station 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 located near the intersection of W. Dean St. and N. Porter Rd. will service this property. The property is located approximately 2.5 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Mailing Address 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 RESOLUTION NO. 183-12 A RESOLUTION TO APPROVE THE CONTRACT WITH HUGHMOUNT VILLAGE DEVELOPERS TO ALLOW THE EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO THE PROPOSED HUGHMOUNT VILLAGE DEVELOPMENT WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council," and; WHEREAS, the City Council does not wish to grant the owners/developers of Hughmount Village which is slightly outside the city limits any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, only if the owners/developers of Hughmount Village will contractually agree to develop its property pursuant to all development criteria required of persons who develop within the City of Fayetteville {including preliminary and final plat process, approval and payment of appropriate fees, building permit fees, all impact fees (fire, police, water, sewer, parkland), tree preservation requirements, drainage requirements, infrastructure improvement and dedication to the City of Fayetteville, etc.} will the City permit the owners/developers of Hughmount Village to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities; and WHEREAS, because by signing the contract (attached as Exhibit A) the owners/developers of Hughmount Village have agreed to all such terms stated above, the City Council approves the extension of city sewerage system to Hughmount Village by allowing its developers to construct the necessary sewer mains from the appropriate city sewer main to its property and approves the Contract. 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 the Contract to Allow Access to the City of Fayetteville Sewerage System, authorizes Mayor Jordan to sign such contract, and agrees to allow the developers of Hughmount Village access to the City's sewerage system and wastewater treatment facilities pursuant to the Contract. Attached as Exhibit B is the legal description for Hughmount Village Development for which access to the City's wastewater treatment facilities is being granted. PASSED and APPROVED this 4th day of September, 2012. APPROVED: Page 2 Resolution No. 183-12 ATTEST: zk�— SONDRA E. SMITH, City Clerk/Treasurer ���•��ERK 1 TRE!�i�i O Eo; FAYFTTEVILLE 1; etteville -ARKAMSAS� TO: Mayor Jordan City Council PaeuW oJ ad A0 dc� ".c4� Nu22tw�, oy-ay-ia. Departmental Correspondence FROM: Kit Williams, City Attorn� DATE: September 4, 2012 get RE: Contract to allow access to City of Fayetteville Sewerage System Kit Williams City Attorney Jason B. Kelley .ssistant City Attorney Attached please find a copy of the signed Contract. This contract would require the developer/owner of the proposed Hughmount Village to develop and pay the appropriate fees as any developer would if building within Fayetteville. The developer desires to dedicate his proposed linear park (with a trail) to meet his parkland dedication requirement. Pursuant to the U.D.C. as long as the proffered land "is suitable for park purposes, the proposed dedication shall be accepted." §166.04 (B) (3) (1) (ii) d. The developer will be required to plant trees and build a trail to city standards running through his dedicated lots and provide easement access if a trail is extended from the Clabber Creek trail. All maintenance of the parkland shall be the property owners association's responsibility until and unless Hughmount Village is annexed into Fayetteville. EXHIBIT "A" CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Hughmount Village (or any similarly situated development) any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, the City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as if their property was zoned Residential Single Family, four units per acre. (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, dedicate to the City of Fayetteville upon plat approval Common Property Lots 4, 5, 6, 7 & 8 (3.86 acres) as parkland; and upon or prior to the sale of 30% of the building lots, plant trees basically as shown the plat and construct trails over such lots to City of Fayetteville standards basically as shown on Exhibit 1 (proposed plat of Hughmount Village). Dedicate a trail easement sufficient to connect from the trail at the crosswalk of Cottonwillow Drive to the southern border of the property to meet a possible trail extension from the south from the Clabber Creek Trail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcel has been annexed into the City of Fayetteville). (6) Construct all infrastructure; streets, sidewalks, water and sewer mains to City of Fayetteville standards and dedicate to the City of Fayetteville (streets may be jointly dedicated to City and County). HUGHMOUNT VILLAGE OWNERS/DEVELOPERS in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits and zoned RSF-4. Further developers/owners of Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Hughmount Village sign below. HUGHMOUNT VILLAGE DEVELOPERS/OWNERS By:(2i r 4.� Phil Phillips ti Title: 4 e Date Signed. > �� - `i zcg z By CITY OF FAYETTEVILLE, Attest: By: ha4w Sondra E. Smith, City Clerk Date Signed: 9-D 7- /a. '.I I1111111111r, 0 , RkK / T /? rrf -��G■ C\1Y OC.rri FAYET -TEVILtE*: T= film 141fj11 S �a N1-mloil --� 94 •� 8S , s f�` y 86111�M1I_8�=118 97 .. CFn L--� rArlr 128 n 127' �128 •= 125..�• t24 .4 12] r 98 Est l %Ua• 1tY 130.131 = 13a rxolr_t vrYYAx: 1. n I•�r — - mrA� ncrels r Ar mrs i�mrsBl oa,vsrtr vax ALAe - z.vl mrs PSR .ru MTA! LRLLYSPACL ALS roYYBN PIroPLRrlfS ! 92 ALRLs CALrKTRPAlYPM IRr°� ACRLS .... B: rIL'I� Be?R IISJr (Y.laa+l...f w eti +wJ w.•M'W/ - )0 _ PavN P.c. avrrALL mr�se - 2s lev va,ao.a<r t�.nl V T CAs!'YC.Ms All !'ma! oK Poa. Sal°ac Ys fa a AM1l+cml eo.. m. P•< M1nn<naa [b rryv RAIxx:L ovrrevrew �B�AP.: ova Papa laow la tia^l prv..ments la Inv <nvl��ait e�pvpsd n 9 pnr n..v-. HUGHMO UNT VILLAGE WASH/NGTON COUNTY, AR o,Yin 1RtW .l rl1 j I!L' rw.Yiu-],.•mrlvlt t'4YNlYT w =vm nr4 wv rA EDa EXHIBIT "B" CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM PROPERTY DESCRIPTION HUGHMOUNT VILLAGE: A PART OF THE WI/2 OF THE S W 1 /4 OF THE NW 1 /4 AND A PART OF THE N W 1 /4 OF THE SW1/4 OF SECTION 31, T-17-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF THE NW1/4 OF THE SW 1/4 OF SECTION 31, T-17-N, R-30-W, THENCE NORTH 2°25'58" EAST - 36.66 FEET; THENCE SOUTH 87°23'20" EAST - 121.15 FEET; THENCE SOUTH 74002'10" EAST - 51.39 FEET; THENCE SOUTH 87°23'20" EAST - 299.42 FEET; THENCE SOUTH 55051'10" EAST - 58.66 FEET; THENCE 87023'20" EAST - 138.58 FEET; THENCE SOUTH 02033'40" WEST - 7.10 FEET; THENCE SOUTH 87°34'04" EAST - 659.86 FEET TO A POINT ON HUGHMOUNT ROAD, THENCE ALONG SAID ROAD SOUTH 02054'04" WEST - 1308.53 FEET; THENCE CONTINUING ALONG ROAD SOUTH 2°36'40" WEST - 537.12 FEET; THENCE LEAVE HUGHMOUNT ROAD NORTH 87°18'47" WEST - 1317.23 FEET; THENCE NORTH 02°45'51" EAST - 537.22 FEET TO A FOUND IRON PIN LOCATED AT THE NW CORNER OF THE SW'/4 OF THE SW 1/4 SECTION 31, T-17-N, R- 30-W; THENCE LEAVING SAID CORNER NORTH 02°45'51" WEST - 1317.63 FEET TO THE POINT OF BEGINNING, CONTAINING 56.23 ACRES, MORE OR LESS. AGENDA REQUEST FOR: COUNCIL MEETING OF AUGUST 21, 2012 FROM: ALDERMAN ADELLA GRAY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve The Extension Of The City's Sewerage System Beyond The City Limits To The Proposed Hughmount Village Development APPROVED FOR AGENDA: 'Adella ay; Alderman City Attorney (as to form) Date F- z — Z61 -z— Date FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS $70.00 per living unit for other water service point. (6) In the event a property owner requests that water service not be provided after a water connection is made and the extension fee and tap fee prescribed by subsection (E)(5) above are paid, said property owner shall pay a dry - tap charge of $6.00 per month for each month after October 1, 1976 until such time as water service is activated. (7) A house number must be permanently (C) displayed in a manner clearly visible from a street before service calls will be made by the city. In the event a service call is made and the house number is not displayed in the above manner, the property owner shall be assessed a fee of $5.00. (Code 1965, §21-16; Ord. No. 1761, 9-9-70; Ord. No. 1964, 12-4-73; Ord. No, 2233, 6-1-76; Ord- No. 2896, 2-15-83; Code 1991, §51.112) 51.113 Sewer Service And Extension Policy The policies of the city concerning and regarding the sewer system, shall be as follows: location prescribed by the water and wastewater director shall be the financial responsibility of the developer; however, the city shall pay the excess material cost of facilities of a size larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system. All sewer facilities financed by the developer shall become the property of the city after inspection and acceptance by the water and wastewater director. Sewer extensions outside the city. Except for facilities needed to serve property within the city's limits, such as major transmission lines and pump stations to deliver sewage to disposal sites, and except through contractual arrangements with other municipal corporations, the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council. (Code 1965, §21-17; Ord. No. 1762, 9-9-70; Ord, No. 2896, 2-15-83; Code 1991, §51.113) 51.114 Water, Sewer Tap Connection Fees (A) (1) It shall be the policy of the city to maintain and (A) All service connections made on city owned operate a municipal sewer system capable of water and sewer mains shall be made by the collecting waste water from the city's sewer Water and Sewer Division. Such connections customers and treating such water for shall be made upon payment to the city of the disposal into natural water courses. following fees: (2) To sustain and expand the municipal sewer system the city shall assume the expense of treating the waste water together with the operation and maintenance of the collection lines and appurtenances. (3) Construction of major collection lines shall be made in accordance with sewer system improvement and expansion programs and plans adopted by the City Council to better serve existing customers and to make the sewer system available to new customers and land development. Priorities for such improvement and extension ` shall be established by the City Council on the basis of need and the city's financial ability. A Extensions to and within subdivisions. The cost of extending sewer lines from existing mains .to subdivisions and other land developments and the cost of constructing sewerage facilities within subdivisions as prescribed in subdivision regulations and according to specifications and CD51:33 Fee Description INSIDE CITY OUTSIDE CITY 5/8" Water $ 42500 $ 47500 5/8" Double Water 475.00 525.00 1" Water 525.00 575.00 2" Water 1200.00 1250.00 4" Sewer 425.00 ---------- 6" Sewer 62500 ---------- City Street Cut 575.00 575.00 City Street Bore 225.00 225.00 State Hwy Permit 125.00 125.00 State Hwy Bore 425.00 425.00 State Hwy Cut 122500 1225,00 (7/30/2012) Kit Williams - FW: Hughmount Village Seite 1 From: "Adella Gray" <adellag@cox.net> To: "'Kit Williams"'<kwilliams@ci.fayetteville.ar.us> Date: 7/29/2012 6:45 PM Subject: FW: Hughmount Village Kit, I'd like to bring this to the Council. Could you please draw up the ordinance for me? Thanks, Adella From: Phil Phillips [mailto:phil@aadvan.com] Sent: Monday, July 23, 2012 9:35 AM To: adellag@cox.net Subject: Hughmount Village Mrs. Adela Gray Alderman Ward 1, Position 1 City of Fayetteville, AR Dear Mrs. Gray, I wanted to thank you for giving of your time to go look first hand at the possibilities at Hughmount Village. I understand that decisions like this are hard on everyone and I trust that whatever you and the other members of the Council decide will be the right decision for Fayetteville and the future of the West side of town. I would like to ask that you please recommend our request to be placed on the City Council Agenda for August 21, 2012, So that we can present our request for connection to the city sewer for Hughmount Village Sub -division to the full Council. Respectfully, Phil Phillips Jr 479-717-2912 office 479-957-5420 cell phil@aadvan.com avele—v par £ .: �x ri6-o� Depar�rnentar� Correspondence LEGAL ARKANSAS it.accessfayetteville.org DEPARTMENT Kit Williams TO: Mayor Jordan City Attorney City Council Jason B. Kelley Sondra Smith, City Clerk Assistant City Attorney CC: David Jurgens, Utilities Director Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorliey DATE: August 28, 2012 RE: Allowing access to sewerage system to a developer of property near, but outside the city limits After I drafted the initial "bare bones" Resolution to permit the extension of our sewerage system to Hughmount Village Development for Alderman Gray, I researched the few previous times the City Council has allowed such extension of the sewerage system to out-of-town developers. It appears that the recent extension of service required the developers to pay all fees and develop their property as if they were developing within the City to ensure that we would not actually be favoring out-of-town developers over developers/owners of property within Fayetteville. If out-of-town developers could avoid all of the development requirements like tree preservation, drainage controls, impact fees, the preliminary plat process, building permit fees, etc. while still accessing the City's sewerage system, we would be giving such developers a financial incentive to build their subdivision out-of-town on the borders of our city. Not only would this encourage sprawl, it would put our in -town property owners at a large financial disadvantage. Thus, I redrafted the proposed Resolution and drafted a proposed Contract To Allow Access To The City Of Fayetteville Sewerage System that would "level the playing field" for in -town and out-of-town developers. I recommend you replace my first "bare bones" Resolution with this detailed Resolution that only allows the developers to receive access to our sewerage system if they agree to be treated like in -town developers. I have attached Resolution No. 76-06 of April 18, 2006, and its agreement for your reference as to how we have extended sewerage services in the past for an agreement to have the out-of-town development treated as if it were being developed within the City. RESOLUTION NO. A RESOLUTION TO APPROVE THE CONTRACT WITH HUGHMOUNT VILLAGE DEVELOPERS TO ALLOW THE EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO THE PROPOSED HUGHMOUNT VILLAGE DEVELOPMENT WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council," and; WHEREAS, the City Council does not wish to grant the owners/developers of Hughmount Village which is slightly outside the city limits any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, only if the owners/developers of Hughmount Village will contractually agree to develop its property pursuant to all development criteria required of persons who develop within the City of Fayetteville {including preliminary and final plat process, approval and payment of appropriate fees, building permit fees, all impact fees (fire, police, water, sewer, parkland), tree preservation requirements, drainage requirements, infrastructure improvement and dedication to the City of Fayetteville, etc.} will the City permit the owners/developers of Hughmount Village to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities; and WHEREAS, because by signing the contract (attached as Exhibit A) the owners/developers of Hughmount Village have agreed to all such terms stated above, the City Council approves the extension of city sewerage system to Hughmount Village by allowing its developers to construct the necessary sewer mains from the appropriate city sewer main to its property and approves the Contract. 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 the Contract to Allow Access to the City of Fayetteville Sewerage System, authorizes Mayor Jordan to sign such contract, and agrees to allow the developers of Hughmount Village access to the City's sewerage system and wastewater treatment facilities pursuant to the Contract. Attached as Exhibit B is the legal description for Hughmount Village Development for which access to the City's wastewater treatment facilities is being granted. PASSED and APPROVED this 2 1 " day of August, 2012. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Hughmount Village (or any similarly situated development) any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, the City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as if their property was zoned Residential Single Family, four units per acre. (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, impact fees (water, sewer, police, fire, parkland). (5) Construct all infrastructure; streets, sidewalks, water and sewer mains to City of Fayetteville standards and dedicate to the City of Fayetteville (streets may be jointly dedicated to City and County). HUGH 4OUNT VILLAGE OWNERS/DEVELOPERS in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits and zoned RSF-4. Further developers/owners of Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Hughmount Village sign below. HUGHMOUNT VILLAGE CITY OF FAYETTEVILLE, DEVELOPERS/OWNERS ARKANSAS By: Phil Phillips Title: Witness: Name: Date Signed: I= I'm Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Date Signed: ray`` ei�eviI,de THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor Dan Coody Fayetteville City Council THROUGH: Gary Dumas, Operations Director FROM: Tim Conklin, Planning and Development Management Director DATE: March 31, 2006 SUBJECT: A Resolution To Allow Extension Of Sewer Service Outside The City's Corporate Limits On A 23-Acre Parcel On Lierly Lane Adjacent To The City Limits RECOMMENDATION Staff recommends approval of the request to allow extension of sewer service outside the City's corporate limits on a 23-acre parcel known as Lierly Lane Subdivision located on Lierly Lane, adjacent to the city limits subject to the annexation agreement marked as Exhibit "B". The Fayetteville Sewer Committee recommended this extension by a vote of3-1. BACKGROUND The Fayetteville Planning Commission approved a preliminary plat for Lierly Lane Subdivision (59 lots) on July 11, 2005 within the Fayetteville Planning Area and adjacent to the City limits. At the time of plat approval, the applicant had proposed and designed a decentralized sewer system to serve the 59-lot development. At the time of platting, the staff report indicated single family homes to be built within the development. The applicant has agreed to annex, pay impact fees, and develop in accordance with all City Unified Development ordinance requirements based on the development being in the City. The development is at a construction stage that requires the applicant to move forward with a decentralized sewer system or sewer prior to annexation. The applicant is requesting zoning and conditional use approval, if annexed by City Council, to allow 16 lots be developed with duplexes and 43 lots be developed with single family homes. §51.113 (c) of the Fayetteville Code of Ordinances states sewer cormections shall not be extended outside the city's corporate limits except on express approval of the City Council. The applicant, Blind Squirrel, LLC, has requested City Council grant its express approval to allow extension of sewer outside the City at the applicant's expense to access its development prior to annexation. The agreement requires the owner to file for annexation within five days if the resolution is passed by City Council, ]n the event the annexation fails, this resolution will still allow the right for this development to connect to City sewer. . BUDGET IMPACT The applicant has agreed to pay for all associated infrastructure cost, impact fees, and meet all city development requirements. This project will provide additional park fees and police, fire, and sewer impact fees. RESOLUTION NO.76-06 A RESOLUTION TO ALLOW EXTENSION OF SEWER SERVICE OUTSIDE THE CITY'S CORPORATE LIMITS ON A 23 ACRE PARCEL ON LIERLY LANE ADJACENT TO THE CITY LIMITS WHEREAS, § 51.113 (c) Sewer connections outside the city states that "the city's sewerage system shall not be extended outside the city's corporate limits except on express approval of the City Council"; and WHEREAS, applicant Blind Squirrel,'LLC has requested that the City Council grant its express approval to allow extension of City Sewer mains at the applicant's expense to access its 23 acre parcel south of Lierly Lane and adjacent to the City's dorporate limits the legal description to such property being attached hereto as Exhibit A (the "Property"); and WHEREAS, applicant has agreed that as a condition of granting this extension of sewer service, the 23 acre parcel will be developed in accordance with the terms and condition of that certain Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas, a copy which is attached hereto as Exhibit B (the "Contract"); and WHEREAS, the City's sewer service to the Property shall be allowed regardless of whether annexation of the Property into the City is approved or denied by the City Council; and WHEREAS, the applicant has agreed to petition for annexation into the City of Fayetteville in the manner described in the Contract; and WHEREAS, the applicant agrees that any impact fees (now including water, sewer, fire, police, and parks land) including future enacted impact fees if in existence when development occurs shall be paid as if the parcel was within the city limits, and other fees will be paid at the time of final plat approval. The parks fee shall be set at the preliminary plat rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a resolution to allow extension of sewer service outside the City's corporate limits on a 23-acre parcel owned by the applicant Blind Squirrel, LLC south of Lierly Lane, adjacent to the City's corporate limits the legal description to such property being attached hereto as .Exhibit A (the "Property"), conditional upon the applicant or any successor in interest fully complying with and completing all offered conditions as shown in the Whereas clauses of this Resolution. `��►►ilrrrrlr►+rr PASSED and APPROVED this 18'h day of April, 2006. �,•``��;. -SG% Gil Y OF • - ��; APPROV ATTEST: CD ; FAYETTEVltLE ; max. • ' �. TO �rrrrrHr►�U DAN COO ayor SONDRA SMITH, City Clerk EXHIBIT "A" SURVEY DESCRIPTION OF -PROPOSED LIERLY LANE SUBDIVISION: PART OF THE SOUTHWEST I/4 OF THE NORTHEAST 1/4 AND PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 - WEST, WASHINGTON COUNTY, - ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW1/4 OF THE NE1/4; THENCE S02022'20"W 31.51 FEET TO A FOUND IRON PIN AND THE POINT OF BEGINNING; THENCE S87D33'23 "E 85.62 FEET; THENCE N0203329"E 31..70 FEET; THENCE S87040'49"E 258.04 FEET; THENCE S87D38'53"E 308.06 FEET; THENCE S02023'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE N03005'59"E 220.99 FEET; THENCE N02022'20"E 1285.00 FEET TO THE POINT OF BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. K-ACI" COUNCIL AGENDA REQUESfSV006 ASc da RcTxv AjwB 18. 20061Resolution for mtcuioo of snv'ae owsde cky Emits (LkdyLm )Aoc 3 EXHIBIT "B" ANNEXATION AGREEMENT FOR SEWER ON LIERLY LANE FOR THE CITY OF FAYETTEVILLE, ARKANSAS For the purpose of attempting to obtain approval of a request for a Variance to the City of Fayetteville City Sewer Ordinance (the "Ordinance"), Blind Squirrel, LLC, an Arkansas limited liability company (the "Petitioner") being the current owner and developer of that certain real property and improvements thereon located in Washington County, Arkansas and more particularly described on Exhibit A attached hereto (the "Property"), hereby voluntarily enters into, executes and delivers to the City of Fayetteville, Arkansas ("Fayetteville") this Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas (the "Agreement") for the purpose of being legally bound hereto in accordance with its terms and conditions. In exchange for Fayetteville irrevocably granting and conveying to Petitioner, its successors and assigns (collectively, the Owner") a Variance to the Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto, the Petitioner expressly grants to Fayetteville the right to enforce any and all of the terms of this Agreement in (lie Circuit Court of Washington County, Arkansas and agrees that if Owner or Owner's successors or assigns violate any term of this Agreement, substantial irreparable damage justifying injunctive relief will have been done to Fayetteville and its citizens. The Petitioner acknowledges that the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Agreement in considering whether to approve Petitioner's request for a Variance to the City Sewer Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto. Subject to the terms and conditions of this Agreement and specifically provided that no later than April 30, 2006 the Fayetteville City Council approves Petitioner's Variance to the Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto, Petitioner hereby covenants and assures Fayetteville that the Owner shall be responsible for the following items and the Property shall be restricted in the following manner: 1. All fees and charges will be paid in full as if the subdivision developed within the Property were within Fayetteville, Arkansas. With respect to each separate lot within the subdivision located within the Property all of such fees and charges will be paid in accordance with the following current -fee schedules: Impact Fees As water meters are set Fire & Police Fees At issuance"of Certificate of Occupancy Parks Fees At Time of Annexation Building Permits As Construction progresses in the regular manner required by Fayetteville. K:1CIlY COUNCIL AGENDA REQUE57SM06 Ag—b Rcqu =%ApnI 18. 20061R—k ion 4 2. The Property shall be zoned as a modified RSF-4 with de -facto conditional uses allowing 16 duplexes on the lots shown on Exhibit-B attached hereto. The development on the Property will consist of 16 duplexes and 43 single-family units. Lot Lines will be adjusted from the current plan to meet City minimums. Owner will file for annexation within five days of the passage of the resolution. 4. Immediately upon passage of the resolution approving this Agreement and the Fayetteville City Council approving Petitioner's Variance to the Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto, and Owner completing its site work on the Property, Owner shall have all rights and privileges to, and shall be fully authorized to, commence -any and all building and residential construction within the subdivision on the Property. All such construction will be to the regular and customary standards of Fayetteville and shall be subject to fair and customary inspection if such is determined, in good faith by Fayetteville, to be necessary and appropriate. 5. Notwithstanding anything contained in this Agreement to the contrary, the issuance and approval of the final plat of the development of the Property shall not be adversely affected, in any manner by, or withheld, delayed or conditioned in any manner whatsoever, as a result of the annexation of the Property into Fayetteville. 6. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Agreement shall be filed for record in the Washington County Circuit Clerk's office after Petitioner's Variance is approved and effective in the manner described in this Agreement and, provided such approval and effectiveness is obtained, shall be noted on"any Final Plat or Large Scale Development which includes some or all of the Property. 7. This Agreement, and all of its terms and conditions, shall terminate automatically and without any act or. deed, if prior to May 1, 2006, the Fayetteville City Council does not approve Petitioner's Variance to the Ordinance "in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto. [Remainder of Page Intentionally Blank; Signatures on Following Page] K.NCrrY COUNCIL AGENDA REQUESTS%2006 ABcnda Requ=Mpnl 18. 20061Rtsolul ion for cnensioo of se .ice outside city limits (Liely Lwc).doc In Witness Whereof and in agreement with all the terms and conditions stated in this Agreement, Blind Squirrel, LLC, as the owner and developer of the Property voluntarily offer all such assurances and signs its name below. BLIND SQUIRREL, LLC ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) And now on this the30�4 day of Mu.-C 2006, appeared before me, 0 9- f SG `i r••,'� and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas and signed hi/her name above. My Commission Expires: J- r Notary Publie "OFFICIAL SEAL CHRISTY L. KITCHEN Nolan, public, State of Atkansas County of Washi4�tonf2�$ MV Cam+nission �x IC1CIT Y COUNCIL AGENDA REQUESTS12006 Agenda Rcq*atslApril 18, 2006%Resoknion for ernauion of soviet *inside 0y limes (Lierly Une).doc 6 Page 1 of 1 Sondra Smith - Hughmount Village From: To: Date: Subject: CC: Attachments: "Kim Hesse" 8/29/2012 3:19 PM Hughmount Village Sondra — Attached is a vicinity map for Hughmount Village and a copy of the plat approved by Washington County's Planning Board in relation to a Conditional Use Permit. I also attached a packet I provided to the Sewer Committee when we first requested the committee consider allowing Hughmount Village to connect to the City's sewer system. If you need anything in addition to these documents, let me know and I will get you whatever you need. Thanks Kim J. Hesse, RLA Engineering Design Associates, PA 479-756-1266 office 479-790-9705 mobile www.eda-pa.com file:M\Documents and Settings\ssmith.000\Local Settings\Temp\XPgrpwise\503E3309F... 8/29/2012 (r >� Leiw@Co%,I J I ] HughmounlVillage z � I E m Sycamoce 7 mlDma re wr$ & mahogany Dr k 3 01 2 ■ 2 2026 £ � w Morning K# 7 Morning bA� �� & � x�« � -a � � s m■� $ 2 C t Mt.Corr gym! l - ®m�& Ad . CIO Nei m_aq a+m2� 9n Um ,,8 &d94A z 2 ` w@m9&ma - a � ~~®w,q\ @ } � ..- $ z 9 / Red Oa Vo_a wDover m Park E '*'P-- a i ea h s� es �► ae �-4 - I Y e•li� --" ronAii iois zalon�.R1C oeNsm PLR MRe - zsL IOIS PER MRL —AL I.MRCS CUYYDN PRDPP/a'ILS - eL MRPS Pn24 oanu.s .4sxlefien A cnaex7rRSArueAr AReA / sr fcR� Sfaar to N W[NataMLOY LWf Y IaslfssNfr DFaraler 99 'a w.N. s,wm io d. lbnoYN by YazAnnYm vueaef Lrc S - (Y N Iti eaa/ aarAargl BUlLD/MD/f ® miew iou 7. 44 2 Lors r-z. ff-"sr. rs-!sz Ls w.a e......a s= _ - u is A a lors a-ds (eL voe;a,c. Rw—J sm s RIl]'MP lOfS SB - YL (8y Yana nre Rl—) 16e-5' Siff N RDI - P6 Ur/Ll� P�LYCM.s M /bar SNdaeb to bf UIYUy PorfsrNr AtldUioml ,meneNa lar lW neAaw G. +goals DR,INACL DY£FY/n AY M rriM wffbin W dnNf an6 in fl^1f wtlergrvvW ➢iP'z b De yrotlftl b tlrvin b afrffl Urefmae NRff 1 msL�f rnfk feafbr. e ' imprmroau Nr to IN wW df prope,ftl tlyN nWf.0 1. vf- np HUGHMOUNT VILLAGE WASHINGTON COUNTY. AR a. `VICINITY MAP NIlPA! ,+rYNW+LR Y!lLVI !!! LA1c/NPPR�SURYe1tOR FNGIXBBRIAC DesrcN ASSOClAr6. PA FDA eo�.o offw ENGINEERING DESIGN ASSOCIATES, P.A. 1 34 WEST EMMA AVENUE SPRINGDALE, ARKANSAs 72764 479-756-1 266 FAx: 479-755-21 29 June 7, 2012 Dr. Sarah Lewis, Ward 4 Fayetteville City Council Fayetteville Sewer Committee 113 West Mountain Fayetteville, AR 72701 RE: Public Sewer Connection Request Hughmount Village Subdivision Dr. Lewis: Mr. Phil Phillips, managing partner for Hughmount Village LLC, respectfully requests approval to connect to Fayetteville's public sewer system. The affected development, Hughmount Village, is a 132 lot residential subdivision located on Hughmount Road approximately 650 linear feet from the city limit line near Mount Comfort Road. The subdivision, which was originally approved for construction in 2005, was designed with a self-contained sewer treatment system; a Submerged Fixed -Film Moving Bed Biological Reactor (MBBR) with drip dispersal. Due to the project's close proximity to the city's system, the maintenance required for a self-contained system, and the realization that the city limits will eventually expand to encompass this development and consequently tie the development onto the city sewer system in the future, Hughmount Village LLC is submitting this request. We understand that the city administration and council are fundamentally opposed to allowing developments outside of the jurisdictional boundary from utilizing city facilities. Reducing impact to city funded facilities and curtailing dense development beyond city limits are among valid reasons for such opposition. We do feel, however, that Hughmount Village is an exception to most developments requesting similar access to facilities. The majority of this development has been constructed including the water system which will be dedicated to the City of Fayetteville, the sanitary sewer collection system, the subsurface drainage system, and all of the interior curbed streets. Due to the large investment that has already been expended into the development, there is great potential that this development will be completed regardless of how sanitary sewer will be treated. Concern by residents and city officials that home owners outside of the city should not consume the capacity of the city's sewer system is reasonable. The southern boundary of Hughmount Village is approximately 580 linear feet from an existing 48" gravity line located just north of Mount Comfort Road. Based on the location of this development in relation to limits of the city, the design of the West Side Treatment Facility encompassed this development in the overall capacity of the system. The 132 residential lots designed within Hughmount Village will add approximately 39,600 gallons of average flow per 24 hour period in relation to the 10 million gallon per day the plant was designed to treat. As developer of the subdivision, Mr. Phillips will be responsible for the operations and maintenance of the on -site treatment system and is prepared to fund such maintenance. Mr. Phillips is aware that these types of systems are not cost effective until a certain number of households are connected. A substantial amount of funding is needed to install the treatment and dispersal system. Based on Washington County's ordinance concerning these systems, once a development is annexed into the City of Fayetteville, the city can require connection to the public sewer resulting in an inevitable loss in investment of the self- contained system. The previous partners that developed this subdivision originally requested annexation which was denied due to lack of support by neighbors. Although many neighboring property owners have expressed their desire to remain in the County, Mr. Phillips is willing to annex into the city as soon as possible. Hughmount Village LLC is currently preparing to begin the preliminary plat process since their original approvals have expired. All current development codes will be followed and Mr. Phillips is more than willing to pay all fees related to hooking onto the city's sewer system. All construction to date has met City of Fayetteville specifications and the sewer collection system that already exists in the development has been inspected and tested per City requirements. In conclusion, we hope to gain the support of the Sewer Committee to connect to the City's system and wish to be placed on the City Council's agenda to make such a request. Please feel free to contact us if you need additional information. Respectfu ly, Kim se, RLA Proj'Ic t Manager Attachments; Vicinity Map Hughmount Village Plat Proximity Map to City Limits and Existing 48" line. Summary of flow rate calculations 1 R 3701 � � iderson Rd w b e ,r Ln Co Rd 12'3 _3 7 n 2 ink $ # 2 � .. � W. MekpnV d � w »m -JOTic / � [ 2 9@nwg¥h W mumft k#� 461e +� I Hkp . 2 ƒ O 03 \ 2 z % m|corr - § cemM 2 m MtCft■ _ $ . 4�e Q �� § t a � Amen,,,, '- 77§ � SQ \ Ca Rd 082 E W*V104 � �§ z .mom qO �� Constitution Orfkim,Rd £ ��@ ° 2 2 , ? W Sandinghm Si NoW I�Ctg■Rd\ '%ebu.Ln \ k £ � Vicinity M a p Red Oak Fayetteville, AR Rrk W D are RB* \ ' 0 > a FAN -- OWNER HUGHAIDUNT VILLAGE, LLC. PROJBCV SU"ARY TOTAL ACRES 56.RS ACRES TOTAL LOTS 15R LOTS DENSITY PER ACRE — 134 LOTS PER ACRE TOTAL GREENSPACE 17.18 ACRES COAWON PROPERTIES — 4.02 ACRES To be maintained by Pmperty Oumars AssocWton CJ4ENNITREATYENT AREA tE24 ACRES Sauxr to be Yairlaintd by CLass 2 Wastai ter Operator Systsrn to be managed by MWATrmad Vitlags LLC DRAINAGE OVERVIAT All atormwater to be carried within the mhvWs and in underground pipm late to be graded to dsain to strnR Drainage pipes jlow to orWing crook, wwt&n control imprawmarde to the amok wi8 be proposed during plot +rsvim — _ - — Subdhielon Boundory ----Lot Llne Alley Accae Lot Cottope Lots C� Shad Aurae Lot Gram Spoce Lot Sldesdlu HUGHMOUNT VILLAGE ;1ASH11VQroNCDUNn; AR vici IY MAP rK Dd =�=ate wM a, rw�r %'S7��� r . j k�4.� •t' rJ •.. W LW .: i•: i :. r`c r � ., .': Xk;d+r : Uzi'_. ��. •' ... a.. �i;,' , Hughmount Villa a LW."r)5'I]lJfirlg! 650 LF to City Limit �!+� Line J_ 580 LF to 48" y. Sewer Main Y�••d.trt G .` ■.� yr, ti - ti. �.. ' •' 1 - ' . L'1 h . 'r • r i tk f.% DRAWN HY: KJH CHECKED BY: C'T'b &4nwlnj i PROXIMITY MAP �'pti.N'.�. y O : DATE 06-07-2012 C rand 5tin "'S HUGHMOUNT VILLAGE Etpineerine ❑edi, Aeeodetae, P A JOB NUMBER: 1576+ two �tinca r _'• FILE NAVE PROXIMrrY.DWG FAYMEVILLE, AR w �""tA— m« � HUGHMOUNT VILLAGE SEWER CALCULATIONS: Fayetteville, Arkansas DESIGN CALCULATIONS June 6, 2012 FLOW RATE CALCULATIONS: Persons Per Capita Average Qmax! Peak .Subdivision [Name Lots per Lot Flow Flow Qavg Flow M (#) WPM) (gpm) (gpm) Hughmount Village 132 TOTAL LOTS 132 3.00 100.00 27.50 4.02 110.57 TOTAL PROJECTED FLOW RATE 27.50 4.02 110.67 Hughmount Village Sewer Connection Request Benefits • City gains control of how sewer is treated. • Land adjacent to Clabber Creek tributary will be left natural vs. being utilized for drip dispersal. • City will gain impact fees with sewer connection. • Saved costs from connecting development's collection system to public system in the future. RESOLUTION NO. A RESOLU\be PPROVE THE EXTENSION OF HE CITY'S SEWERAGEYOND THE CITY LIMITS TOT E PROPOSED HUGHMOUDEVELOPMENT WHEREAS,er Service and Extension P Iicy states that "the city's sewerage system shaded outside the city's corpora limits except on the express approval of the City WHEREAS, the City .Hughmount Village. NOW, THEREFORE BE IT CITY OF FAYETTEVILLE, ARKAI I does approve of �xtending city sewer service to LVED BY THE CITY COUNCIL OF THE Section 1: That the City Council of th City of Fayetteville, Arkansas hereby approves the extension of the City's sewerage system be the city limits to the proposed Hughmount Village Development. IT PASSED and APPROVED this 2151 9v of A APPROVED: By: LIONELD JORDAN, 2012. ATTEST: By: SONDRA E. City Clerk/Treasurer CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 24, 2020 SUBJECT: ANX 20-6995: Annexation (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT ANNEX, 282): Submitted by HALL ESTILL ATTORNEYS, INC. for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres. The request is to annex the properties into the City of Fayetteville RECOMMENDATION: Staff recommends forwarding ANX 20-6995 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX 20-6995 to the City Council with a recommendation of approval." BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although large areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 allowing the extension of Fayetteville's sewerage system to the subdivision. In exchange, the property was developed subject to the requirements of the Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. This resolution was amended in 2014 under Resolution 17-14 to address development modifications. Among the changes to the agreement, the homeowners of Hughmount Village are to petition for annexation when legally possible. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped AG/SF Res 1 Unincorporated Washington Count South Undeveloped/Large Lot Residential; Single-family Residential AG/SF Res 1 (Unincorporated Washington County); RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped/Large Lot Residential AG/SF Res 1 (Unincorporated Washington County) Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed to comply with the terms of Resolution 17-14 as it relates to Hughmount Village and as approved by City Council in January of 2014. Additional properties Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 1 of 25 are intended to remain undeveloped or as future phases of the subdivision. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning (RZN 20-6996), but no statements of support or opposition. INFRASTRUCTURE: Streets: The subject properties have direct access to Hughmount Road. Per the 2040 Master Street Plan, Hughmount Road is not designated and would generally be considered a Residential Link. Properties proposed for annexation to the north and south of Hughmount village have access to public streets built in association with Hughmount Village. These were required to meet Fayetteville's block length and connectivity requirements, and were stubbed out for future connectivity. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing, looped 6-inch water main provides service along Hughmount Road while 8-inch mains are installed throughout Hughmount village. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Sewer: Sanitary Sewer is available to portions of the subject property. An existing 8-ich sanitary sewer main serves the Hughmount Village subdivision. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Future development in this area will require sewer capacity analysis as this line may not be adequate to support additional impact. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Given the presence of Clabber Creek and an unnamed tributary along the southern portion of the subject property, FEMA-designated floodplains, streamside protection zones, and hydric soils are all present. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 2.8 miles from the subject property. The anticipated response time would be approximately nine minutes. This is outside the response time goal of six minutes for an engine and eight minutes for a ladder truck. Of note, a new fire station is proposed near the intersection of Deane Street and Porter Road which would serve the subject property. The response time from the new station would be approximately seven minutes. This is outside the response time goal of six minutes for an engine, but within the response time goal of eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced G:\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 2 of 25 setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF CITY PLAN 2040 (Res. 35-20) 12.3 Annexation Guiding Policies Boundaries 12.3.5.a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula Finding: Although the larger portion of the proposed annexation will `square -off' a city boundary, the northernmost extent of the subject property will create a peninsula of incorporated land within unincorporated Washington County. Staff recommends removal or denial of this portion of the request, described as Hughmount North, or consideration of additional areas of annexation along Hughmount Road to provide a logical boundary. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in west Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation includes the entirety of Hughmount Village, the only subdivision in the area of interest. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of several properties and encompass both the east and west sides of Hughmount Road. To the south and west, the annexation boundary aligns with existing, incorporated land and platted subdivisions. To the west and north it abuts unincorporated land. 12.3.5.e The provision of services should be concurrent with development. Finding: The property is adjacent to City water but outside current acceptable response times of the Fayetteville Fire Department. While portions of the property currently have access to sanitary sewer, others will require extension. Further, per comments from the Engineering Division, additional connections to existing sanitary sewer mains will necessitate evaluation for capacity. &\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 3 of 25 ENVIRONMENTALLY SENSITIVE AREAS 12.3.5.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: With the exception of Hughmount Village, large areas of the property are undeveloped except for open space and agricultural uses. Otherwise, significant areas of the property are located within the floodplain of Clabber Creek and an unnamed tributary. Annexing the property would subject it to Fayetteville's higher standard of development criteria, including streamside protection zones and tree preservation. Additionally, these riparian areas are identified as within the Enduring Green Network. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire: The Fayetteville Fire Department response time to this location is approximately nine minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minutes for an engine and eight minutes for a ladder truck. Construction of a proposed new station at Deane and Porter will reduce response times to within acceptable limits for a ladder truck, but outside acceptable limits for an engine. Police: To date, the Fayetteville Police Department has not expressed any concerns with this request. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: The subject property would receive the same services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick-up, and zoning protection as nearby property within the City. That being stated, development may necessitate extension or upgrading of existing sanitary service, and fire department response times to the area are currently below goals. 12.3.5.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units, and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: Although not the primary responder, fire protection is currently provided under the City's automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access &\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 4 of 25 to sanitary sewer, but sanitary sewer extensions and possibly upgrades will be required to serve the entirety of the property. 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Engineering: Although existing utilities are located along Hughmount Road and within the Hughmount Village subdivision, Engineering staff advises that sanitary sewer capacity may be inadequate. Additionally, some properties will require sanitary sewer extension before connection. Planning: The proposed annexation will not immediately lead to increased density on the subject property or increased traffic congestion in the area. If developed under the zoning requirements of the concurrently -requested R-A, RSF-1, RSF- 8, NC, and NS-G zoning districts there will be an increase in both density and traffic. Given proximity to Mount Comfort Road, a Regional Link, Planning staff does not anticipate an immediate increase in traffic from this site will pose a hazard, but future developments may be responsible for street, bridge, or intersection improvements. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: Not applicable; the proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 12.3.5.m Promote long-range planning with adjacent jurisdictions. Finding: Not applicable; the extent of the proposed rezoning is not within or adjacent to the planning areas of other municipalities in Washington County. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: Not applicable; The subject property and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. ADMINISTRATION OF ANNEXATIONS 12.3.5.o Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the property is included within the City's Future Land Use Map. The map was recently &\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 5 of 25 amended and adopted with City Plan 2040, and expanded the amount of land northwest of Fayetteville that is designated as Residential Neighborhood Area. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. However, the applicant has submitted a concurrent request to rezone portions of the area under consideration for single-family development and nonresidential use (see attached exhibit). The request is to rezone approximately 47.86 acres to R-A, Residential Agricultural, 1.19 acres to RSF-1, Residential Single-family, 1 Unit per Acre, 8.68 acres to NC, Neighborhood Conservation, 2.48 acres to NS-G, Neighborhood Services, General, and the remaining balance of approximately 91.79 acres to RSF-8, Residential Single-family, 8 Units per Acre. 12.3.5.q An annexation study should be completed on all annexation proposals. Finding: Planning staff has engaged with the Engineering Division along with the Water and Sewer, Fire, and Police Departments to review the proposed annexation. The request was studied to determine if facilities or services are available or needed in association with this request. Responses are included throughout this report. 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the development review process. 12.3.5.s Residents should be fully informed of annexation activities. Finding: Per §157.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property are notified. Additionally, a legal advertisement has been submitted with the local newspaper prior to the Planning Commission meeting for which this item is scheduled. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of a moderate size, totaling approximately 152 acres. While the request would annex Hughmount Village as required by the 2014 resolution that granted sanitary sewer service to the subdivision, portions of the overall annexation would create a peninsula that may compromise City Plan 2040's policy to avoid creating irregular boundaries that may adversely affect development patterns or provision of services. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the proposed rezoning, a fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land toward the northwestern extent of the City and developing it can pose financial challenges for the City to maintain &\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 6 of 25 public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes lower densities may exacerbate this. RECOMMENDATION: Planning staff recommends forwarding ANX 20-6995 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES IDate: February 24, 2020 O Tabled O Forwarded O Denied Notion: ISecond: Vote: BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • Annexation Exhibit • Rezoning Exhibit • City Services Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map &\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 7 of 25 �s�•wa �{ j' ANEW ON �M isMl O c O Oz Y M M X U N O C O � N N X O O Q Q O I M Q X N C a L2 LO c"I ti i it .. .y 'O 00.. p o O o u psi. N , bQ cd Ocd O Q, 9 N� cd O 00 b�A. 4." 'C cd O , to cd O O" N H Q N cd pO" 0 0 0 O Q, J4 O 'G T— fining Commission =ebruary 24, 2020 Agenda Item 8 ughmount Annex) Page 8 of 25 C - -- -------------- z -J- z 24 J i E-7ii--di CIL 34 33 3 ------- 12 H7, I-T -- ----- ------- ;-Horan I. ; ir LZ 37 40 CN 5.0 T'rk Sr o0 "SO CIA 'Ot J. c) cd '12 * z > I 0 V cn —A- co� "1 p 0 ^C 10:1 so ct tb 0 7z 12 g. kn M 00 c,3 o 0 00 1 -05 0 0 ct '0 O p p Q cd I lk ,O:t C,3 un 5 0 ct , -i C,3 5 ( > ct 0 q. A. .2 0 C,3 ct u 'k; tb 0 = 0 0 0 0 t t bA M O .— U a) 0 0 10, ct C13 a)$0:" 0 + cd cn o 0 -14 u *45 r-);:$o a);.t� $.. a) 6 " a) 0 0 ;-o 0 0 9, Q 0 c) 'c-'dQ. 0 M M A fining Commission =ebruary 24, 2020 Agenda Item 8 ughmount Annex) Page 9 of 25 � cdcd cn cn ". ^Q Qcd . ^a cd O p cd j 3 cncn Q Q p ��. O 3 cd U ' U U C ¢+ p by 'C O bA cn p 141 td U cd cd y cn cd U +O "" Q bA '. cn cn cam- O ct u'.� Q cd 4-1 U Q. N y bA .s. �' "d '" t" O N cn 'C cn V v7 p 0 O O cd cn O O vUi ~ N p O N �" U cd >C 03 O 03 cd cn Q cd S" Q N `� N "C N ate, — Mct3 t1 'd U ° 'C v' • r ° p N U Q O Q^I ai >~ U O U Q j O Oy U U a. U U b�1p s� '. N U U cd• Hct 4-0 03 Ln fining Commission =ebruary 24, 2020 Agenda Item 8 ughmount Annex) Page 10 of 25 N LPG r— 15 . . . Q. 7C � O >O r5o O M U O � � 'd QF) c M >�� . . . (D N y �>. C46 N U� DC Cod O O O O O O U � 0 .� fining Commission =ebruary 24, 2020 Agenda Item 8 ughmount Annex) Page 11 of 25 LO . �Mh-- mG Commission _ _» &,z o Agenda Item ughmount Annex) Page 2ya ANX 20-6995 Request PETITIONER'S STATEMENT Letter The Petitioner has reviewed the Annexation section of the City Plan 2030 and unequivocally submits that this annexation meets the City's guidelines, policies, rules and regulations as laid out in section 12.3 of said Plan. Specifically this annexation will not just meet but will help promote the City's annexation policies in that it will not create an island as the annexation is adjacent to the existing city limits. No subdivision will be divided. The city already provides water and sewer to a good portion of this property to be annexed and other public services certainly can be provided efficiently in the newly annexed area. Further, Resolution No. 17-14 passed by the City of Fayetteville January 7, 2014 in which Fayetteville allowed Hughmount developers access to the city's sewer and water (specifically see Exhibit A to that resolution signed by the Hughmount developers and the City of Fayetteville) states "Further developers/owners of the Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible..." The significance of this Resolution is that is has always been the city's intent to annex the Hughmount Village Subdivision. A good portion of the rest of the property to be annexed will be subsequent phases of the same subdivision. Further, the Petitioner is filing simultaneous with this annexation petition a Petition to Zone the annexed property into five (5) zoning classifications. 4276735.1:005377:00001 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 13 of 25 ANX 20-6995 Order of Annexation 2019 5EP 27 AM 9= 25 Y IN THE COUNTY COURT OF WASHINGTON COU w, Ai kws,a -P, IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN CONTIGUOUS LAND TO THE CITY OF FAYETTEVILLE, ARKANSAS CC 2019-14 ORDER OF ANNEXATION NOW on this 26th day of September, 2019, comes on for consideration before this Court, the matter of annexation of certain contiguous lands to the city of Fayetteville, Arkansas. Said land is described in "Exhibit A" attached hereto and incorporated by reference. From the evidence presented by the Petitioner through its attorney, Robert K. Rhoads, the Court finds as follows: 1. The Petitioner has petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas, and have published notice of this hearing as required by law. 2. All the lands proposed to be annexed into Fayetteville, Washington County, Arkansas, are contiguous to property already situated in Fayetteville, Washington County, Arkansas. 3. The property which is legally described in the petition has been accurately described, an accurate map thereof has been made and filed, and the prayer of the Petitioner is right and proper. 4. The Petitioner has satisfied the requirement for signatures under A.C.A. § 14-40-601 by presenting the Court with 89 signatures out of the 13 8 real estate owners within the land proposed to be annexed. The 89 signatures constitutes a majority of the real estate owners, as required by A.C.A. § 14-40-601. 5. This Court therefore determines that an Order of Annexation is proper. Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 14 of 25 IT IS THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are, annexed to and made part of the City of Fayetteville, Washington County, Arkansas, subject to the approval of the City Council of the City of Fayetteville, Arkansas. +f IT IS SO ORDERED. 1 Prepared by; Brian R. Lester Washington County Attorney 280 North College Ave., Suite 500 Fayetteville, AR 72701 t/(479) 973-8415 V(479)444-1889 blester@co.washington.ar.us H ON aL _ JOSE H • . OOD COU JUDGE Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 15 of 25 Parcel 001-16806-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011.29675 Property 3 Part of the NE 1/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point 528.00 feet South of the NE corner of said 40 acre tract, and running thence S 89 degrees 45'00" W 1320.00 feet; thence South 495.00 feet; thence N 89 degrees 45'00" E,1316.81 feet; thence N 00 degrees 22'00" E 495.00 feetto the Point of Beginning, containing 14.98 acres, more or less. Parcel 001-16794-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 7 A part of the E V2 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found pin for the NE corner of the NE V4 of the SW 1/4 of Section 31, T-17-N, R-30W; thence S 03 degrees 06'20" W, 1022.25 feet to a found iron pin for the Point of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.80 feet to a set iron pin; thence N 02 degrees 52'05' W (E),170.4.1 feet to a set iron pin; thence (S) 87 degrees 30'29" E, 326.20 feet to a set iron pin; thence N 02 degrees 52'05" E,159.53 feet to a set iron pin, thence S 87 degrees 30'29" E, 988.98 feet to the Point of Beginning, containing 8.76 acres, more or less. Parcel 001-16608-000 Heyliger Family Trust 2462 N. Hughmount Road Fayetteville, AR 72704 WD 2017-19425 Part of the Southeast Quarter of the Southwest Quarter of Section Thirty-one (31), Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows, to - wit: From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 minutes 0 seconds East 1677.40 feet from the Southwest corner of the Northeast Quarter of the Fractional Northwest Quarter of Section 1, Township 16 North of Range3l West, thence South 69 degrees 48 minutes 24 seconds West 1360.43 feet or to the West line of said Southeast Quarter of the Southwest Quarter of said Section 31, Township 17 North, Range 30 EOT Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 16 of 25 West; thence North along the West line of said 40 acre tract to the Northwest corner thereof; thence North 89 degrees 58 minutes 21seconds East 1319.47 feet to the point of beginning. Parcel 001-11382-001 & 001-16809-201 Darrell Scott & Norma Kilgore 2360 N. Hughmount Road Fayetteville, AR 72704 WD 2007-26765 A part of the fractional Northwest Quarter (NW %) of Section 1, Township 16 North, Range 31 West and a part of the South One Half (S 1h) of Section 31, Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point that is North 806.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE 'A) of the fractional Northwest Quarter (NW Y4) of said Section 1, Township 16 North, Range 31 West; thence N 37,degrees 58'10" F, 289.73 feet; thence N 45 degrees 41'55" E, 70.6 feet; thence N 55 degrees 12'38" E, 67.83 feet; thence N 13 degrees 41'18" E 86.91 feet; thence N 69 degrees 48'24" Ey 140.86 feet; thence S 1 degree 40'08" W, 354.75 feet; thence S 77 degrees 27'11* W, 437.56 feet to the point of beginning and containing 2 acres, more or less. Parcel 001-16807-002 & 001-16807-003 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A part of the SW 3/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is S 00 degrees 10 minutes 42 seconds W,1854.85 feet from the NE corner of the SE 1/4 of Section 36, T-17-N, R-31•W, Washington County, Arkansas, and running thence S 89 degrees 53 ndnutes 56 seconds E,1283.73 feet; thence S 00 degrees 02 minutes 09 seconds West 658.54 feet; thence N 89 degrees 57 minutes 37 seconds W,128S.37 feet; thence N 00 degrees 10 minutes 42 seconds li, 660.00 feet to the Point of Beginning, containing 19.41 acres, more or less. Parcel Nos- 256-00001-000 through 256-00129-000 Lots 1 through 128, inclusive, and Common Property Lots 01 through CP9, inclusive, of Hughmount Village, as per plat of said Subdivision in Plat Book 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Ofiicio Recorder of Washington County, Arkansas. Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 17 of 25 Parcel 001-16799-000 Hughmount Village, LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A part of the W % of the SW Y4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as commencing from a found iron pin at the NW corner of the SW Y4 of the SW 1/4 of Section 31, T-17-N, R-30-W, thence North 02'45'51' East-1,317.63 feet, thence North 02'Z5'58" - 37.66 feet to the Point of Beginning of adjusted Tract B, thence North 02*25'58" Bast 1266.65 feet; thence South 87"24'26" East 659.72 feet, thence South 02022'02" West 658.76 feet, thence South 02*33'39" West - 658.76, thence North 871134'04" West 138.59 feet; thence North 02036'40" East 40.32 feet, thence North 87034'04" West 349.42 feet, thence North 02036'40" East 12.40 feet, thence North 87034'04" West 171.15 feetto the Point of Beginning of Adjusted Tract B, containing 19.44 acres, more or less. Parcel 001-16794-001 Michael L. Slape 2634 N. Hughmount Road Fayetteville, AR 72704 WD 2007-20755 A part of the E % of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin for the NE corner of the NE 1/4 of the SW 1/4 of said Section 31, T-17-N, R-30-W; thence S 03006'20" W,1022.25 feetto a found iron pin, thence N 87'30'29" W, 986.98 feet to a set iron pin for the paint of beginning; thence S 02052'05" W,159.53 feet to a set iron pin; thence N 87'30'29" W, 326.20 feetto a set iron pin; thence N 02'52'05"E,159.53 feet to a set iron pin; thence S 87030'29" E, 326.20 feet to the point ofbeginning, containing 1.19 acres, more or less. Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 18 of 25 w \ 8tl 3111A3113Atld se6i Pain s3 A g W I g 9 JoVuvool% io3PONd pT�av wo MS31VIDOSSb LZl6'ZbG 6L6:aMeHO s i y W h 3 n W x S aoLaaea,q'"s'Mb,,N3SN39dO �� ��eg���c€ s $ � m ��_ � �� - � n��� � � o x =�� �€W o NnoWHon :ak:� '+iaaaa a xoo aad�tt \LL :311111'J3foad mmission 24, 2020 ..da Item 8 20-6995 (Hughmount Annex) Page 19 of 25 My wo O�LLaZlL6'aZdb„G 6L6 aQeHO apos= = s Ju wo W xa ` y- SlIuF g_ 3111A3113Ad NOI.LVOOi jLo3PONd 2SZ11V�IDOSSV is I-"rtbz'IN3SN3J2On e s R i[. p0;pTm�asxv 1N......I1w'aa�G� '�aaa x�o aO Ott :3111J3roud '<;Ho 8 mmission 24, 2020 ..da Item 8 20-6995 (Hughmount Annex) Page 20 of 25 Fayetteville, AR 8-inch Water Main (throughout Hughmount Village) w r L'� F I 6-inch Water Main (Hughmount) {� All i r .. Proposed Annexation V. 8-inch Sewer Main ' (throw hout Hu hmount Villa e) r`r w rs F`P [yk w �'ytY y [k lk�k 7 City of,,yetfeville, AR, 2019 Imagery i .. ,...7 2/20/2020, 10:43:15 AM Hydrant Sewer Main Unknown Water Main — up to grr Unknown Diameter 8" to 12" _ 1r_gr 12" and Up 10" - 20" 24" - 42" 1:9,028 Sewer Pressurized Main 0 0.075 0.15 0.3 mi TIC I � ITI �I IT 2" - 8" 0 0.1 0.2 0.4 km 10" - 18" 20" - 36 The data contained herein was co m piled from various sources for the sole use and benefit of he City of Fayetteville Geographic Information System and the pubic agencies it serves. Any use of the data by anyone other than he City of Fayeitevile is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify he City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any clais m, actions, cost for damages of any nature,includ'ng the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayette�il le makes nA express orimpl led warrantees with reference to the data. No word, phrase, dr•Ianirtimi dommiss on herein shall be construed to waive that tort immunity set forth under Arkansas l aw. February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 21 of 25 ANX20-6995 One Mile View Legend Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) HUGHMOUNT RD AREA 0 0.125 0.25 0.5 Miles IN u - _ Planning Area Fayetteville City Limits NORTH P-1 I NC RSF- i RSF-1 Zoning F2 General 111"10al RESIDENTIAL SINGLE-FAMILY EXTRACTION NS-G F-1 . RI-U COMMERCIAL RI-12 ResiCenlia4Gfiu C-1 ResiUennal-Agncunurel C-2 RSF-S "' RSF-1 FORM BASED DISTRICTS RSF-2 Mcowntown Core Urban ThorougM1lare - Main Street Center - oownmwn General RSF.,n ammanrysereieea RESIDENTIAL MULTI -FAMILY Neighbomooa Services RMFE Nei,ht.TooUConae t- �RMF-12 PLANNED ZONING DISTRICTS RMF-18 M Commercial, Industrial, Res d-b.l M RMF-2a INSTITUTIONAL RMF<g - P1 INDUSTRIAL -1 RearyGommercial— Light lndu 1 IDI—i— ce ission 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 22 of 25 ANX20-6995 Close Up View HUGHMOUNT RD AREA 1 I 1 1 � 1 1 r 1 1 I 1 1 1 r 1 i 1 1 1 1 1 0 , TITUS , J w w0 i DR r a LX MARBLE _ - a RIDGE DRY ._Ji N X 2 CANYON SP ING RUN R HO SE DR X Zo SONG o't � o BI D PL ~ OJ O Subject Property ¢W W _J TOWNBRIDGE N ixj Y DR .4 IX w m� CROSSVINE P PPY v DR CREEK O RS -4 i 1 I P-1 Legend 1 I Planning Area 1 1 Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint z �a J w �0 j r Feet 0 220 440 880 1,320 1 inch = 600 feet 1,760 SLUE ST CT RSF-1 ,A& NORTH RSF-1 RSF-4 P-1 Planning C mission 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 23 of 25 mission '4, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 24 of 25 ANX20-6995 HUGHMOUNT RD. AREA A& NORTH Future Land Use 1 1 1 1 1 1 1 1 1 1 1 1 M 1 1 n 1 1 n � � n 1 1 „ 1 1 n BERSEI DR 1 1 Q 1 1 1 1 W W 1 1 1 1 z> I W Q 1 1 o N ITU`b } w 1 DR :w w MARBLE N RIDGE DR ' N CANYON 3 a RU DR o INDIGO z Xo P o DR Subject Property a N Q w OLIVE p = O O Y X ? Q0 t) LL xTREE� w O O� O W2 FIB � O �°UP Y c) CREEK D\k CA\ �P�ER Q > woJ -�UJ z0 TUPELO N O pp o w \,N �' DUCK DR= w ' WY :DR, c� 1 1 1 ' Legend ' ' Planning Area I 4ZZZ - - -' Fayetteville City Limits Feet Shared Use Paved Trail 0 295 590 1,180 1,770 2,360 Trail (Proposed) 1 inch = 800 feet Building Footprint Planning Co mission 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 25 of 25 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0264 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D. 8 File Type: Ordinance RZN 20-6996 (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT REZONE) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-6996 FOR APPROXIMATELY 152.00 ACRES LOCATED AT HUGHMOUNT ROAD NORTH OF MOUNT COMFORT ROAD TO R-A, RESIDENTIAL AGRICULTURAL; RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE; RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION; AND NS-G, NEIGHBORHOOD SERVICES -GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo to R-A, Residential Agricultural; RSF-1, Residential Single-family, 1 Unit per Acre; RSF-8, Residential Single-family, 8 Units per Acre; NC, Neighborhood Conservation; and NS-G, Neighborhood Services, General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 41812020 HALL LSTILL ATTORNEYS A March 5, 2020 VIA US MAIL & E-MAIL cityclerkoa'tfayetteville-ar.gcy Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 Re: ANX-20-6995 & RZN-20-6996 Appeal Request 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 annexation and rezoning requests were heard before the Planning Commission on February 241h 2020. The Planning Commission voted to neither recommend the annexation nor the rezoning; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of both the annexation and rezoning be put on the next appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The applicants will submit their reasons why they believe the City Council should approve the annexation and rezoning when these two (2) requests are placed on the agenda. I thank you in advance. RKR:slt Cc: Johnthan Curth Blake Pennington 44013 3 8.1:0053 77:00001 Sincerely yours, Robert K. Rhoads Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: April 3, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-6996: Rezone (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT REZONE, 282): Submitted by HALL ESTILL ATTORNEYS, INC. for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres. The request is to rezone the properties, in conjunction with an annexation, to R-A, RESIDENTIAL AGRICULTURAL, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, & NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: The City Planning staff recommend approval of a request to rezone the subject proeprty as described and shown in the attached Exhibits 'A' and 'B', excluding parcel #001-16799-000, described by the applicant as "Hughmount North". The Planning Commission denied the proposal and the applicant has appealed the decision to City Council. BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although significant areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 (attached) allowing the extension of Fayetteville's sewerage system to the subdivision. In exchange, the property was developed subject to the requirements of the Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. This resolution was subsequently amended to address development modifications, but a requirement to seek annexation when a contiguous City boundary makes this possible remained. Request: The request is to rezone the overall 152-acre property to a mixture of zoning districts, including R-A, Residential Agricultural, RSF-1, Residential Single-family, 1 Unit per Acre, RSF-8, Residential Single-family, 8 Units per Acre, NC, Neighborhood Conservation, and NS-G, Neighborhood Services, General (see attached exhibit). Areas of R-A, totaling approximately Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 47.86 acres, include the southernmost properties and land designated as FEMA floodplain. One 1.19-acre property, developed with a single-family residential property east of Hughmount Road has requested RSF-1. To the north, south, and southeast of this, 8.68 acres is proposed as NC. Father south along Hughmount Road, an area that includes 2.48 acres on the west side of the street is proposed as NS-G. The remainder of the overall property, totaling approximately 91.79 acres is proposed as RSF-8. Land Use Compatibility: The proposed zoning is generally compatible with the surrounding land use patterns. Coupled with the existing Hughmount Village subdivision, residential uses are present to the south and east of the subject property. The small area proposed as NS-G represents potential non-residential uses that can serve the surrounding neighborhoods with limited to no potential for nuisance. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally in agreement with the Future Land Use Map and its designation of the property as Residential Neighborhood Area. Property classified as Residential Neighborhood Area is appropriately developed with a large spectrum of residential uses, including single-family. This is complimented by the proposed RSF- 1, RSF-8, and NC zoning requests. Similarly, the 2.28 acres of the property proposed as NS-G allows for appropriately -scaled nonresidential along a connecting corridor, Hughmount Road. That being said, staff does not find the proposal to rezone the northernmost portion of the property to RSF-8 to be consistent with the Rural Residential Area designation applied to that property. This designation is not intended to support typical suburban development. Instead, properties designated Rural Residential Area ought to maintain their rural character or, if developed, be proposed in a conservation subdivision pattern, with sensitive areas preserved and density concentrated. Regarding City Plan 2040 and its adopted goals, the request is complimentary of the aspiration to assemble an Enduring Green Network. The applicant's proposal to rezone floodplains areas of Clabber Creek and its tributary to R-A will limit development of these sensitive areas and not adversely affect the proposed future trail connection along the riparian corridor. Lacking a true open space zoning designation, Fayetteville Planning staff, the Commission, and Council have utilized R-A as a tool for sensitive areas, such as floodplains. While the request compliments the Enduring Green Network, staff does not find elements of the proposal to be consistent with other goals of City Plan 2040. Firstly, and with due consideration for the presence of existing water and sewer, and de facto Fayetteville Fire Department response, the property's peripheral location is largely inappropriate for infill, and is, in turn, arguably sprawl. Secondly, the property's location has inherent transportation costs for residents that can make any future residential development unattainable. Lastly, although construction of the Clabber Creek Trail along this property's southern extent will facilitate active transportation, public transit will likely not be available to the site in the near- or long-term. Given all of these considerations, and with the exception of the northernmost portion of property proposed as RSF-8, staff supports the request for two primary reasons: the alignment of the proposal with the property's Future Land Use Map's designation and compatibility of the proposed permitted uses with neighboring property. DISCUSSION: On February 24, 2020, the Planning Commission denied the proposal by a vote of 8-0-0. Public comment was made from several nearby residents and a Housing Authority representative. Nearby residents were in favor of the annexation request, but opposed to the concurrently - submitted rezoning, citing concerns about excess density, increased traffic, and potentially inadequate infrastructure. The Housing Authority representative supported the request, but at a higher density than currently present in adjacent incorporated areas, and with the potential benefit of added sales tax revenue from online purchases. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-6996 H U G H MOU NT RD. AREA 20-6996 Close up view EXHIBIT W Proposed RSF-8 Subject Property � r i r i Pr posed osed NC Proposed RSF-8 Propose RSF-1 Proposed NC Proposed . R-A RSF-4 J y y r ~ •1- Proposed / � . RSF-8 ■ s .^ P-1 Proposed NS-G ♦� �'� �r ' Proposed R-A IM . NORTH Legend zoning Acres Shared Use Paved Trail NS-G 2.5 NC 8.7 Trail (Proposed) R-A 16.5 Planning Area Feet RSF-1 1.2 . - - - RSF-8 91.2 ' Fayetteville City Limits 0 220 440 880 1,320 1,760 Building Footprint 1 inch = 600 feet Total 120.1 LEGAL DESCRIPTION — HUGHMOUNT NORTH: A part of the W1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence NO2°45'51"E 1,317.63 feet, thence NO2°25'58"E 37.66 feet to the POINT OF BEGINNING; thence continue Northerly N02025'58"E 1,266.65 feet, thence S87024'26"E 659.72 feet, thence S02°22'02"W 658.76 feet, thence S02033'39"W 658.76 feet, thence N87034'04"W 138.59 feet, thence N02036'40"E 40.32 feet, thence N87034'04"W 349.42 feet, thence N02036'40"E 12.40 feet, thence N87034'04"W 171.15 feet to the POINT OF BEGINNING, containing 19.44 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: SLAPE PROPERTY: A part of the NE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 1,021.81 feet, thence N87031'12"W 989.27 feet to the POINT OF BEGINNING, thence S02048'49"W 159.46 feet, thence N87030'13"W 325.83 feet, thence N02054'04"E 159.37 feet, thence S87031'12"E 325.59 feet to the POINT OF BEGINNING, Containing 1.19 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: KILGORE SURVEY: A part of the Fr. NW1/4 of Section 1, T16N, R31W and a part of the SE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of the NE1/4, Fr.NW1/4, thence N03000'49"E 802.33 feet, thence N86059'11"W 257.27 feet to the POINT OF BEGINNING, thence N40005'31"E 289.73 feet, thence N47049'16"E 70.86 feet, thence N57019'59"E 67.83 feet, thence N15°48'39"E 86.91 feet, thence N71055'45"E 140.86 feet, thence S03°47'29"W 354.75 feet, thence S79034'28"W 437.56 feet to the POINT OF BEGINNING, Containing 2.07 acres, more or less, subject to easements and right of ways of record. HUGHMOUNT VILLAGE (PER FILE 0024-00000056): A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE N02045'51"E 1317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87034'04"E 171.15 FEET, THENCE S02036'40"W 12.40 FEET, THENCE S87034'04"E 349.42 FEET, THENCE S02036'40"W 40.32 FEET, THENCE S87034'04"E 798.45 FEET TO A POINT ON HUGHMOUNT ROAD, THENCE ALONG SAID ROAD S02054'04"W 1308.53 FEET, THENCE CONTINUING ALONG ROAD S02036'40"W 537.12 FEET, THENCE LEAVING HUGHMOUNT ROAD N87018'47"W 1317.23 FEET, THENCE NO2°45'51"E 537.22 FEET TO THE POINT OF BEGINNING, CONTAINING 56.25 ACRES, MORE OR LESS. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE R-A: A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW1/4, SW1/4, THENCE S02045'51"W 537.22 FEET, THENCE S87018'47"E 474.94 FEET TO THE POINT OF BEGINNING, THENCE N02036'40"E 124.61 FEET, THENCE S87021'30"E 232.89 FEET TO A POINT OF CURVE TO THE LEFT 45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF N56023'55"E 42.57 FEET, THENCE N20009'20"E 291.34 FEET TO A POINT OF CURVE TO THE LEFT 16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF N11023'00"E 16.78 FEET, THENCE NO2°36'40"E 562.73 FEET TO A POINT OF CURVE TO THE RIGHT 45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF N47036'39"E 41.01 FEET, THENCE S87023'21"E 458.20 FEET, THENCE S02054'04"W 499.73 FEET, THENCE S02036'40"W 537.12 FEET, THENCE N87018'47"W 842.29 FEET TO THE POINT OF BEGINNING, CONTAINING 12.92 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE RSF-8: A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE NO2°45'51"E 1,317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87034'04"E 171.15 FEET, THENCE S02035'52"W 12.40 FEET, THENCE S87034'02"E 349.42 FEET, THENCE S02036'25"W 40.32 FEET, THENCE S87034'03"E 798.45 FEET, THENCE S02054'04"W 808.80 FEET, THENCE N87023'21"W 458.20 FEET TO A POINT OF CURVE TO THE LEFT45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF S47036'39"W 41.01 FEET, THENCE S02036'40"W 562.73 FEET TO A POINT OF CURVE TO THE RIGHT16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF S11023'00"W 16.78 FEET, THENCE S20009'20"W 291.34 FEET TO A POINT OF CURVE TO THE RIGHT45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF S56023'55"W 42.57 FEET, THENCE N87021'30"W 232.89 FEET, THENCE S02036'40"W 124.61 FEET, THENCE N87018'47"W 474.94 FEET, THENCE N02045'51"E 537.21 FEET TO THE POINT OF BEGINNING, CONTAINING 43.33 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. LEGAL DESCRIPTION - HUGHMOUNT SOUTH: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, thence S02046'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,283.73 feet, thence S02038'17"W 657.71 feet, thence N87024'55"W 1,285.37 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING: Containing 19.43 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: RSF-8 REZONE: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02°46'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,006.16 feet, thence S02041'1YW 188.50 feet, thence S37018'06"W 145.81 feet, thence N87018'47"W 135.00 feet, thence S02041'13"W 350.09 feet, thence N87°24'55"W 789.42 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING, Containing 13.37 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: R-A REZONING: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW 1 /4, SW 1 /4, thence S02046'50"W 1,854.85 feet, thence S87018'47"E 1,006.16 feet to the POINT OF BEGINNING; thence S87°18'47"E 277.57 feet, thence S02038'17"W 14.24 feet, thence S40038'46"W 297.78 feet, thence S52°50'36"W 206.87 feet, thence S04030'46"W 135.59 feet, thence S54033'45"E 60.42 feet, thence S88037'37"E 213.21 feet, thence N26°35'47"E 64.92 feet, thence N74030'14"E 59.39 feet, thence S02038'17"W 190.71 feet, thence N87024'55"W 495.95 feet, thence N02041'1YE 350.09 feet, thence S87018'47"E 135.00 feet, thence N37018'06"E 145.81 feet, thence N02041'13"E 188.50 feet to the POINT OF BEGINNING, Containing 3.58 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NS-G REZONING: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02°46'50"W 1,854.85 feet, thence S87°18'47"E 1,283.73 feet, thence S02038'17"W 14.24 feet to the POINT OF BEGINNING; thence S02038'17"W 452.76 feet, thence S74°30'14"W 59.39 feet, thence S26035'47"W 64.92 feet, thence N88037'37"W 213.21 feet, thence N54°33'45"W 60.42 feet, thence N04°30'46"E 135.59 feet, thence N52050'36"E 206.87 feet, thence N40038'46"E 297.78 feet to the POINT OF BEGINNING, Containing 2.48 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HUGHMOUNT EAST: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 528.00 feet to the POINT OF BEGINNING; thence S03006'00"W 823.65 feet, thence N87031'05"W 1,313.49 feet, thence N02049'40"E 170.42 feet, thence S87030'1YE 325.83 feet, thence N02048'49"E 159.46 feet, thence N87031'12"W 325.58 feet, thence N02054'04"E 495.00 feet, thence S87028'03"E 1,316.56 feet to the POINT OF BEGINNING, Containing 23.69 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NC ZONE: A part of the NE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 528.00 feet, thence N87°28'03"W 1,125.87 feet to the POINT OF BEGINNING, thence S02°31'57"W 494.81 feet, thence N87°31'12"W 193.87 feet, thence N02054'04"E 495.00 feet, thence S87°28'03"E 190.69 feet to the POINT OF BEGINNING, Containing 2.18 acres, more or less, subject to easements and right of ways of record. ALSO: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 1,351.65 feet, thence N87°31'05"W 161.91 feet to the POINT OF BEGINNING; thence N87031'05"W 1,151.58 feet, thence NO2°49'40"E 170.42 feet, thence S87°30'1 YE 325.83 feet, thence NO2°43'00"E 106.15 feet, thence S87028'03"E 824.53 feet, thence S02°31'57"W 275.75 feet to the POINT OF BEGINNING, Containing 6.50 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: RSF-8 ZONE: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 528.00 feet to the POINT OF BEGINNING; thence cS03006'00"W 823.65 feet, thence N87031'05"W 161.91 feet, thence N02031'57"E 275.75 feet, thence N87°28'03"W 824.53 feet, thence NO3°00'23"E 53.31 feet, thence N87°31'12"W 131.71 feet, thence NO2°31'57"E 494.81 feet, thence S87028'03"E 1,125.87 feet to the POINT OF BEGINNING, Containing 15.00 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HEYLIGER: A part of the SE1/4 of the SWIM of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SE1/4, SW1/4, thence S03°06'00"W 38.24 feet to the POINT OF BEGINNING; thence S03006'00"W 725.10 feet, thence S71 °56'45"W 1,406.67 feet, thence NO3°00'49"E 1,218.57 feet, thence S87°31'05"E 1,313.80 feet to the POINT OF BEGINNING, Containing 29.29 acres, more or less, subject to easements and right of ways of record. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 24, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-6996: Rezone (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT REZONE, 282): Submitted by HALL ESTILL ATTORNEYS, INC. for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres. The request is to rezone the properties, in conjunction with an annexation, to R-A, RESIDENTIAL AGRICULTURAL, RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, NS-G, NEIGHBORHOOD SERVICES -GENERAL, & RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 20-6996 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 20-6996 to the City Council with a recommendation of approval." BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although large areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 allowing the extension of Fayetteville's sewerage system to the subdivision. In exchange, the property was developed subject to the requirements of the Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. This resolution was amended in 2014 under Resolution 17-14 to address development modifications. Among the changes to the agreement, the homeowners of Hughmount Village are to petition for annexation when legally possible. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped AG/SF Res 1 Unincorporated Washington Count South Undeveloped/Large Lot Residential; Single-family Residential AG/SF Res 1 (Unincorporated Washington County); RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped/Large Lot Residential AG/SF Res 1 (Unincorporated Washington County) Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 1 of 20 Request: The request is to rezone the overall 152-acre property to a mixture of zoning districts, including R-A, Residential Agricultural, RSF-1, Residential Single-family, 1 Unit per Acre, RSF-8, Residential Single-family, 8 Units per Acre, NC, Neighborhood Conservation, and NS-G, Neighborhood Services, General (see attached exhibit). Areas of R-A, totaling approximately 47.86 acres, include the southernmost properties and land designated as FEMA floodplain. One 1.19-acre property, developed with a single-family residential property east of Hughmount Road has requested RSF-1. To the north, south, and southeast of this, 8.68 acres is proposed as NC. Father south along Hughmount Road, an area that includes 2.48 acres on the west side of the street is proposed as NS-G. The remainder of the overall property, totaling approximately 91.79 acres is proposed as RSF-8. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning (ANX 20-6995), but no statements of support or opposition. INFRASTRUCTURE: Streets: The subject properties have direct access to Hughmount Road. Per the 2040 Master Street Plan, Hughmount Road is not designated and would generally be considered a Residential Link. Properties proposed for annexation to the north and south of Hughmount village have access to public streets built in association with Hughmount Village. These were required to meet Fayetteville's block length and connectivity requirements, and were stubbed out for future connectivity. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing, looped 6-inch water main provides service along Hughmount Road while 8-inch mains are installed throughout Hughmount village. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Sewer: Sanitary Sewer is available to portions of the subject property. An existing 8-ich sanitary sewer main serves the Hughmount Village subdivision. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Future development in this area will require sewer capacity analysis as this line may not be adequate to support additional impact. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Given the presence of Clabber Creek and an unnamed tributary along the southern portion of the subject property, FEMA-designated floodplains, streamside protection zones, and hydric soils are all present. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 2.8 miles from the subject property. The anticipated response time would be approximately nine minutes. This is outside the response time goal of six minutes for an engine and eight minutes for a ladder truck. Of note, a new fire station is proposed near the intersection of Deane Street and Porter Road which would serve the subject property. The response time from the new station would be approximately seven minutes. This is outside the response GAETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 2 of 20 time goal of six minutes for an engine, but within the response time goal of eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area and Rural Residential Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity, non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. Rural Residential Areas are primarily large lot residential and agricultural in nature. If developed, land use should follow a conservation or cluster pattern to preserve surrounding rural areas. 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 generally compatible with the surrounding land use patterns. Coupled with the existing Hughmount Village subdivision, residential uses are present to the south and east of the subject property. The small area proposed as NS-G represents potential non- residential uses that can serve the surrounding neighborhoods with limited to no potential for nuisance. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally in agreement with the Future Land Use Map and its designation of the property as Residential Neighborhood Area. Property classified as Residential Neighborhood Area is appropriately developed with a large spectrum of residential uses, including single-family. This is complimented by the proposed RSF-1, RSF-8, and NC zoning requests. Similarly, the 2.28 acres of the property proposed as NS-G allows for appropriately -scaled nonresidential along a connecting corridor, Hughmount Road. That being said, staff does not find the proposal to rezone the northernmost portion of the property to RSF-8 to be consistent with the Rural Residential Area designation applied to that property. This designation is not intended to support typical suburban development. Instead, properties designated Rural Residential Area ought to maintain their rural character or, if developed, be proposed in a conservation subdivision pattern, with sensitive areas preserved and density concentrated. Regarding City Plan 2040 and its adopted goals, the request is complimentary of the aspiration to assemble an Enduring Green Network. The applicant's proposal to rezone floodplains areas of Clabber Creek and its tributary to R-A will limit development of these sensitive areas and not adversely affect the proposed future trail connection along the riparian GAETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 3 of 20 corridor. Lacking a true open space zoning designation, Fayetteville Planning staff, the Commission, and Council have utilized R-A as a tool for sensitive areas, such as floodplains. While the request compliments the Enduring Green Network, staff does not find elements of the proposal to be consistent with other goals of City Plan 2040. Firstly, the property's peripheral location is largely inappropriate for infill, and is, in turn, arguably sprawl. Secondly, the property's location has inherent transportation costs for residents that can make any future residential development unattainable. Lastly, although construction of the Clabber Creek Trail along this property's southern extent will facilitate active transportation, public transit will likely not be available to the site in the near - or long-term. On the balance of issues, and with the exception of the northernmost portion of property proposed as RSF-8, staff supports the request for two primary reasons: the alignment of the proposal with the property's Future Land Use Map's designation and compatibility of the proposed permitted uses with neighboring property. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff contends that the applicant's rezoning request is justified given the request's general consistency with the Future Land Use Map and compatibility with surrounding land uses, and the presence of City utilities. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Hughmount Road, which in turn has direct access to Mount Comfort to the south, and will have access to the future connection of Rupple Road to the east. Although traffic accident data is unavailable for unincorporated areas, existing data for streets immediately inside the City limits indicate no traffic danger that will be exacerbated. Further, any development of the subject properties will be subject to staff review, including but not limited to adherence to the Unified Development Code. Development review may necessitate on- or off -site street improvements to ensure minimization of congestion and safe movement for vehicles and pedestrians. 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 the current Washington County AG/SF Res 1 zoning designation will almost certainly lead to greater density on the subject property than would otherwise occur. That being said, adjacency to existing water, sewer, and street infrastructure will limit the potential for density having an adverse impact. Further, the Police Department has expressed objection to the proposal and, no comment has been received GAETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 4 of 20 from the Fayetteville Public School District. However, the Fire Department has advised that serving this area is beyond the current response time goal of the existing station on Rupple Road. A proposed new fire station at Deane and Porter will reduce this, but it may still fall outside response time goals. 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 20-6996 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 24, 2020 O Tabled O Forwarded 0 Denied Notion: Canada ISecond: Paxton J Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 — R-A, Residential Agricultural o §161.05 — RSF-1, Residential Single-family, 1 Unit per Acre o §161.09 - RSF-8, Residential Single-family, 8 Unit per Acre o §161.19 — NS-G, Neighborhood Services, General o §161.29 — NC, Neighborhood Conservation • Request letter • Rezoning Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 5 of 20 61.03 - 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 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (D) Bulk and Area Regulations. Lot width minimum Lot Area Minimum: 200 feet Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 6 of 20 (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 7 of 20 161.05 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one (1) unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted Uses Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (D) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 TCultural and recreational facilities Unit 5 T_ Government facilities Unit 24T Home occupations Unit 36T—Wireless communications facilities Unit 44 I Cluster Housing Development (E) Density. Units per acre T1 (F) Bulk and Area Regulations. Lot width minimum 150 feet Lot area minimum 35,720 square feet Land area per dwelling unit 35,720 square feet (G) Setback Requirements. 1— Front I Side Rear 35 feet� 20 feet 35 feet (H) Building Height Regulations. Building Height Maximum 3 stories (1) Building Area. None. (Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; 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. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1- 16; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 8 of 20 161.09 - 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. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet Land Area Per Dwellirn Single-family Two-family Unit. _r— 5,000 square feet 5,000 square feet Townhouse, no more than two (2) I 2,500 square attached feet (E) Setback Requirements. G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 9 of 20 Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. F—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, 10-15-2019) G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 10 of 20 161.19 - NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. _ All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 11 of 20 Two (2) family or 3,000 square feet per dwelling 1 more unit All other uses None (E) Setback regulations. Rear when contiguous to a Front Side Side -Zero Lot Line' Rear single-family residential district 7A build -to zone A setback of less than 5 that is located feet (zero lot line) is between the front 5 permitted on one interior property line and feet side, provided a None 15 feet a line 25 feet maintenance agreement is from the front filed**. The remaining side property line. setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 3 stories? (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 12 of 20 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Unit 44 Wireless communication facilities Cluster Housing Development (C) Density. Ten (10) Units Per Acre (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types I 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 3 stories G:\ETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 13 of 20 (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19 GAETC\Development Services Review\2020\Development Services\20-6996 RZN Hughmount Rd. (Hughmount Rezone) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 14 of 20 RZN 20-6996 Request Letter REZONING STATEMENT The Petitioners desire to simultaneously rezone their property while they also petition to annex the property into the city. Please see the attached hereto Exhibit "A" a plat with the specific requested zones per parcel. These parcels designated RSF-8, N-C and NS-G will make those properties developable in accordance with and in a compatible way with the surrounding properties. Specifically, ZONING to the South and East of these parcels are RSF-4 and the existing subdivision of Hughmount Village Estates is currently built out at a density quite compatible to RSF-4. There is one parcel of land on Exhibit "A" that we are requesting to be brought in at RSF- 1. There are two (2) parcels not shown on Exhibit "A", Heyliger and Kilgore, that we ask to be brought in R-A. All of these zoning requests are compatible with the surrounding properties but also are in line with the goals of City Plan 2030 in that these zonings would permit the appropriate infill without producing suburban sprawl. It also will be easily connectable to both a livable transportation network and an enduring green network and will lend itself to affordable housing as well. 4354170.1:005377:00001 Planning Commission February 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 15 of 20 Ntl 3111A3113Atld S a]I�w6 oa��'O�. LLaZlL6a'eaZ,db„GQa�m�sMbz+ W asseeWi g s=iu J3$ wsoW- xum .yiaazu a 5tIo"a I\LL yo :NOuvooi io3rOad;aa 64b1— S31'VBOSSV A.11—�N3SN3E)HOf� ns 'e 1NnOWHon xoo aa.,* 311111J3fOLd A a �^`' '�pb0paTaz�aa3x< v Commission ary 24, 2020 Benda Item 9 20-6996 Hughmount Rezone Page 16 of 20 RZN20-6996 One Mile View 0 HUGHMOUNT RD. AREA 0.125 0.25 Subject Property Legend Planning Area Fayetteville City Limits Shared Use Paved Trail __ Planning Area ----r- Trail (Proposed) Fayetteville City Limits NORTH 0.5 Miles NC C RSF-4 C i Zoning 42 General lnCuslnal RESIDENTIAL SINGLE-FAMILY EXTRACTION RI F-1 . RI-U COMMERCIAL RI-12 ResiCenlia4Ofiu NS-L C-1 Reaidiintlal-AgncuX l C-2 RSF-.5 -C' RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Core � Urban ThorougM1lare - � Main Street Center pie M Dowamwa ceaeraI RSF Corereamrysei,ie ii RESIDENTIAL MULTI -FAMILY M Neighbour Services RMFE Nei,hb.TooU Conaervatlon RMF-12 PLANNED ZONING DISTRICTS RMF-18 Commercial, InUuatnal, R—diintlal M RMF-2a INSTITUTIONAL RMF10 - P1 INDUSTRIAL -1 He Commercial — Lightlntl —i Planning C rr 24 ission 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 17 of 20 RZN20-6996 HUGHMOUNT RD. AREA Close Up View rr Proposed RSF-8 Subject Property ' 1 1 Ir r Ir i 1 1 1 1 r + r 1 r Pr posed osed NC Proposed RSF-8 Propose RSF-1 Proposed NC Proposed R-A i 1 RSF-4 1 r Proposed ! P-1 RSF-8 Proposed _ NS-G Proposed R-A r NORTH r zoning Acres Legend NS-G 2.5 Shared Use Paved Trail NC 8.7 Trail (Proposed) R-A 16.5 ' 1 Planning Area Feet RSF-1 1.2 RSF-8 91.2 ' 1 Fayetteville City Limits Y Y 0 220 440 880 1,320 1,760 4___ 1 inch = 600 feet Total 120.1 Building Footprint Planning C rr rebrTSW24 ission 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 18 of 20 mission '4, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 19 of 20 RZN20-6996 Future Land Use Legend ' ' Planning Area ZZZ ' ' Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint HUGHMOUNT RD. AREA INDIGO w DR O O Z 0 w J C9 MARBLE RIDGE DR CANYON R Subject Property o I� I r ~!" _J w -TUPELO N O WAY ' WY •DR, Feet 0 295 590 1,180 1,770 2,360 1 inch = 800 feet NORTH n BERSEI DR , LU Z> ,wQ i ITU`b DR I Iw ' v) f- QfnoN 0 p N,= w Z Q CO v OLIVE TREE O w0 UP Y FIB t=i CA'� CREEK DEk W 0 W 0 QQ aQZp� oo�oW DUCK DR= I Planning Coinmission 24, 2020 Agenda Item 9 20-6996 Hughmount Rezone Page 20 of 20 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0262 Agenda Date: 4/21/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: D. 9 AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO EXTEND THE CITY'S NOISE REGULATIONS TO ALL VEHICLE -RELATED BUSINESSES WHEREAS, § 96.05 of the City Code, which is limited to noise related to motor vehicles and motorcycles, provides that "operating or causing to operate any sound amplification device from within a vehicle so that the sound is plainly audible at a distance of 30 feet or more from the vehicle whether in a street, a highway, an alley, parking lot or driveway, whether public or private property is prohibited and declared to be a noise disturbance in violation of this chapter"; and WHEREAS, the City Code authorizes other means of conveyance to occupy the City streets, such as pedicabs and horse drawn carriages, which could also emanate noise that could disturb residents and businesses but that are not considered motor vehicles; and WHEREAS, extending the prohibition on excessive sound amplification to all vehicle -related businesses regulated under Chapter 117 of the Fayetteville City Code will help ensure the peace, health, and safety of Fayetteville residents particularly within the residential districts in which these vehicle -related businesses may operate. 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 § 96.02 by enacting a new subsection (E) as shown below: "(E) Operating or causing to operate any sound amplification device on or from within any means of conveyance that is regulated by Chapter 117 Vehicle Related Businesses, whether motorized or not, so that the sound is plainly audible at a distance of 30 feet or more from the vehicle whether in a street, a highway, an alley, parking lot or driveway, whether public or private property, is prohibited and declared to be a noise disturbance in violation of this chapter." City of Fayetteville, Arkansas Page 1 Printed on 41812020 City of Fayetteville Staff Review Form 2020-0262 Legistar File ID 4/7/2020 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Blake Pennington 3/18/2020 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO AMEND § 96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS TO THE CITY'S NOISE REGULATIONS TO ALL VEHICLE -RELATED BUSINESSES 0 Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title O Previous Ordinance or Resolution it Approval Date: DEPARTMENTAL CORRESPONDENCE ✓ OFFICE OF TH h: CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attoniey TO: Mayor Jordan Jodi Batker City Council Pnralegn! FROM: Blake Pennington, Assistant City Atton�ey- DATE: March 18, 2020 RE: Amendment to Noise Ordinance Police Chief Reynolds notified our office that, based on the state's definition of motor vehicle, the City's 30-foot noise ordinance, which is found at § 96.05 of the City Code, would not apply to pedal carriages. To address this concern, we recommend amending § 96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to address noise emanating from other vehicle -related businesses that are governed by Chapter 117 Vehicle - Related Businesses of the City Code. The practical effect of this would be a noise restriction on: • Article VII - Nortmotorized Passenger Transport Vehicles - horse drawn carriages or similar vehicles pulled by horses or livestock • Article VTII - Lights of the Ozarks - specifically the horse drawn carriages used at Lights of the Ozarks • Article IX - Pedicabs • Article X - Pedal Carriages (if approved by the City Council)